human rights case notes

This case concerned an application for judicial review of a decision of the Department of Natural Resources, Mines and Energy to cancel the applicant’s certificate of competency. The application was dismissed and the Court found that section 48 of the Human Rights Act 2019 (Qld) was not engaged when interpreting sections 12, 14 or 48 of the Judicial Review Act 1991 (Qld).

This case concerned an application for review of the respondent’s decision to issue a negative blue card notice to the applicant, LB. LB had criminal convictions as a minor, including threatening with weapon, in the context of an abusive domestic relationship. The Tribunal considered LB’s cultural rights, right to a fair hearing, right not to be tried or punished more than once, and right to education, as well as the right of every child to protection.

This case concerned an application for review of the respondent’s decision to issue a negative blue card notice to the applicant, RD. RD had previous convictions for matters of violence but for offences which were neither ‘serious’ or ‘disqualifying’ under the Act.

This case concerned an application for review of the respondent’s decision to issue a negative blue card notice to the applicant, MB. In affirming the respondent’s decision, the Tribunal considered property rights, the right to privacy and reputation, the right to protection of families and children, the right to a fair hearing, the right not to be tried or punished more than once and the right to education.

This case concerned an application for a non-publication order relating to medical evidence that the applicant had filed in relation to an application he was pursuing under the Anti-Discrimination Act 1991 (Qld). In refusing the non-publication order, the Tribunal considered that the production of the document was in the interests of justice and that the applicant’s right to privacy had not been unlawfully or arbitrarily interfered with.

This matter concerned a minor civil dispute claim by a commercial lessor against the directors of the lessee company for various costs including rental arrears. The relevant issue on appeal was whether a decision by an adjudicator not to call for submissions regarding the issue of jurisdiction was a breach of natural justice.

This case concerned an appeal of a decision to reject a conversion to a higher classification position under the Public Service Act 2008 (Qld). In submissions, the respondent decision-maker had noted that, as required by the Human Rights Act 2019 (Qld), the appellant’s human rights had been considered, particularly the right to work embodied in article 6(1) of the International Covenant on Economic, Social and Cultural Rights. There was no substantive discussion of human rights nor the Human Rights Act 2019 (Qld) by the Commission.

The applicant was a police officer who was charged with four disciplinary allegations and found guilty by the respondent. The Tribunal noted that it was required under the Human Rights Act 2019 (Qld) to have regard to the applicant’s human rights, and found that the applicant’s right to freedom of expression (section 21) and right to not have his reputation unlawfully attacked (section 25(b)) were potentially limited. The Tribunal was satisfied that limitations on these rights were consistent with the proper purpose of upholding public confidence in the police service and ensuring police discipline. 

This matter concerned an application for an interim order seeking the appointment of the Office of the Public Guardian as guardian for HE. The Tribunal accepted that it was subject to the Human Rights Act 2019 (Qld) and that appointing a guardian on an interim basis would interfere with a person’s human rights. In refusing the application, the Tribunal concluded that it was consistent with HE’s human rights to hold a hearing of the matter and provide HE the opportunity to be heard.