human rights case notes

The respondent applied for a no jury trial in circumstances where measures in response to the COVID-19 pandemic had prevented all new jury trials from proceeding. The respondent raised the right to be tried without unreasonable delay in section 32(2)(c) of the Human Rights Act 2019 (Qld). The court found that the appropriate consideration was whether the making of a no jury order was ‘in the interests of justice.’

The Tribunal considered whether there was a need to appoint a guardian and administrator for GCS, an 89 year-old woman with impaired capacity. The Tribunal had regard to the interpretation provisions of the Human Rights Act 2019 (Qld) (s 48), GCS’s property rights (s 24), freedom of movement (s 19), and right to privacy (s 45) when making its decision to appoint the Public Guardian to manage GCS’s affairs.

The right to a fair hearing, specifically the right to have all judgments and decisions made by a court or tribunal publicly available (Human Rights Act 2019 (Qld) s 31(3)), was examined by the court. This arose because there was a possibility that confidential information would be inadvertently disclosed at the conclusion of the trial. The court found it unnecessary to examine this right in depth as the proceedings began before the commencement of the Human Rights Act 2019 (Qld), but held that there will be circumstances where justice cannot be served if everything must be done in public.

An application for a permanent stay of an indictment was brought by a former swimming coach on the basis of lack of fairness and oppression amounting to an abuse of process due to significant delay in proceedings. Reid DCJ found that the delay in prosecution of the accused since 2002 did amount to a breach of his right to a trial without unreasonable delay under the Human Rights Act 2019 (Qld).

A political think tank argued that provisions of the Electoral Act 1992 (Qld) limited the freedom of expression and the right to take part in public life contained in the Human Rights Act 2019 (Qld). Applegarth J held that the limitations were proportionate and reasonable.

This case concerned an application for bail for charges of murder and grievous bodily harm. The court briefly mentioned the rights of detained persons and the obligations the Human Rights Act 2019 (Qld) casts on the three branches of government, but there was no in-depth discussion as a human rights argument was not made by the applicant.

Human Rights Act 2019 (Qld) raised by first co-respondent by election but not considered by the court.

The right to protection of families and children (Human Rights Act 2019 (Qld) s 26) was argued by the applicants and analysed by the court in the context of a foster child and his foster family. The court held that the term “family” was to be given a broad interpretation and understood in the society of a particular country.

A prisoner applied for judicial review of the decision of the Parole Board of Queensland (‘the Board’) to refuse to grant his application for a parole order. Bradley J referenced the fact that, in reaching its decision, the Board must balance the legitimate competing interests of the applicant and the public, including the applicant’s common law and statutory right to liberty.

An application for the termination of a community housing lease was brought by a Housing Officer on the ground that the lessee would not leave the property. Human rights were considered, but not discussed in detail by the tribunal.