human rights case notes

The case concerned an application for leave to file an amended application for review of various administrative decisions under the Queensland Building and Construction Commission Act 1991 (Qld). The Tribunal considered that the Human Rights Act 2019 (Qld) did not apply as it does not affect proceedings commenced before 1 January 2020.

This case concerned an application to the Tribunal to review the respondent’s decision to cancel the applicant’s positive notice and issue her with a negative notice, following a change to the applicant’s police information. In reviewing the decision, the Tribunal had regard to the applicant’s right to privacy and reputation (section 25), right to take part in public life (section 23), right to further vocational education and training (section 36(2)), and cultural rights (sections 27 and 28) under the Human Rights Act 2019 (Qld). The Tribunal also had regard to the competing right of every child to ‘the protection that is needed by the child, and is in the child’s best interests, because of being a child’ as provided for in s 26(2) of the Human Rights Act 2019 (Qld).

This decision concerned an interlocutory application for a number of separate judicial review proceedings challenging COVID-19 vaccination directives to be heard on the same date. The court noted that one of its primary aims in managing the proceedings was to prevent a multiplicity of decisions that may give rise to different legal conclusions relevant to the provisions of the Judicial Review Act 1991 (Qld) and the Human Rights Act 2019 (Qld): at [4]. There was no specific discussion of the application of the Human Rights Act 2019 (Qld) to the case.

This decision concerned an interlocutory application regarding matters of civil procedure arising from defamation proceedings that were yet to be determined. The applicant sought to have their name anonymised in the court’s published reasons.

The case concerned a challenge to directions of the Chief Health Officer (CHO) under the Judicial Review Act 1991 (Qld) and the Human Rights Act 2019 (Qld) which came about because the applicants' requested reasons for the making of the decisions to make the relevant directions. The CHO refused to give reasons on the basis that his decision to make the directions was of a legislative character, not an administrative character, and that therefore he was not obliged to give reasons. The Court agreed with the CHO. There was no discussion of human rights.

The Applicant sought a review of the Respondent’s decision to suspend them without remuneration, and the Tribunal was required to determine whether the the Decision-Maker erred in applying s 58(1)(a) of the Human Rights Act 2019 (Qld) and also contravened s 58(1)(b).

The Applicant sought a review of the Respondent’s decision to suspend them without remuneration, and the Tribunal was required to determine whether the the Decision-Maker erred in applying s 58(1)(a) of the Human Rights Act 2019 (Qld) and also contravened s 58(1)(b).

This case concerned an application for the appointment of a guardian and administrator for HAC: at [1]. On the same day the application was made, an application was also made for an interim order seeking the appointment of an administrator and guardian for HAC on the basis of allegations of neglect of HAC’s care and exploitation of her property, though no evidence was tendered in support of these allegations: at [4]–[5].
In refusing to make the interim order, A/Senior Member Traves held that the appointment of a guardian and administrator on an interim basis was a serious incursion on HAC’s human rights, and that there were no reasonable grounds for making the order: at [14]–[15].

This matter concerned an application to stay the operation of the Department of Transport and Main Roads’ decision to immediately suspend the applicant’s driver authorisation number as a result of him being charged with domestic violence offences.

The case concerned an appeal against a decision to suspend the Appellant’s employment as a health service employee without remuneration due to her inability to comply with Health Employment Directive No. 12/21 which required her vaccination against COVID-19.