• Tafao v State of Queensland [2020] QCATA 76

    A former prisoner applied for leave to appeal and appeal of a decision in which she experienced discrimination on the basis of her gender identity during her incarceration in a male prison. Pursuant to section 108, the Human Rights Act 2019 (Qld) was found to not apply because the Tribunal’s decision was made prior to the commencement of the Act.
  • Gilbert v Metro North Hospital Health Service & Ors [2020] QIRC 084

    The applicant relied upon the right to peaceful assembly and freedom of association contained within section 22 of the Human Rights Act 2019 (Qld) in seeking declaratory relief against the respondents. There was, however, no in-depth analysis of this provision provided in the Commission’s decision.
  • IMM v Department of Housing and Public Works [2020] QCATA 73

    This case concerned the right to a fair hearing, particularly the right to have all judgments or decisions made by a court or tribunal publicly available pursuant to section 31(3) of the Human Rights Act 2019 (Qld). The applicant sought an order that his name be suppressed to protect his mental health, and the Tribunal ordered a non-publication order on this basis.
  • Taniela v Australian Christian College Moreton Ltd [2020] QCAT 249

    This case concerned a complaint made on behalf of five-year-old Cyrus Taniela that his school’s decision to discontinue his enrolment for the second semester of 2020, unless he cut his hair to satisfy the school’s uniform policy, amounted to discrimination on the basis of race and sex. The applicant also argued that several human rights provided for in the Human Rights Act 2019 (Qld) were relevant to the discrimination experienced by Cyrus: recognition and equality before the law (section 15); freedom of thought, conscience, religion and belief (section 20); the rights of children (section 26(2)); cultural rights (section 27); and the right to education (section 36). 
  • Attorney-General v Carter [2020] QSC 217

    Pursuant to section 13 of the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld), the Attorney-General applied to the court for either a continuing detention order or a supervision order in relation to the respondent, Carter, who was convicted of serious sexual offences. The court noted that supervision orders limit the right to liberty and freedom of movement contained in sections 29 and 19 of the Human Rights Act 2019 (Qld), but that they did so to fulfil the statutory purpose of the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld) relating to  the safety of the community.
  • DLD [2020] QCAT 237

    The Tribunal considered the appointment of a suitable guardian and administrator for a woman experiencing impaired decision making as a result of  dementia.
  • PIM v Director-General, Department of Justice and Attorney-General [2020] QCAT 188

    A self-represented litigant sought judicial review after being issued a negative notice by Blue Card Services arguing that his case was ‘exceptional’. The Queensland Civil and Administrative Tribunal analysed limiting the applicant’s human rights and issued a non-publication order in light of the right to have all judgments and decisions made by a court or tribunal publicly available (Human Rights Act 2019 (Qld) s 31(3)).
  • The State of Queensland through the Department of Housing and Public Works v Tenant [2020] QCAT 144

    The Department of Housing and Public Works sought to terminate the self-represented respondent’s State Tenancy Agreement on the basis of the ‘objectionable behaviour’ of the Respondent.
  • Health Ombudsman v ORC [2020] QCAT 181

    The right to a fair hearing, specifically the right to have all judgments and decisions made publicly available (Human Rights Act 2019 (Qld) s 31(3)) was noted by the Tribunal. It was ordered that due to delays in the matter, publication of materials which could identify the respondent was prohibited.
  • Storch v Director-General, Department of Justice and Attorney-General [2020] QCAT 152

    The self-represented applicant argued that the respondent’s decision to issue him with a negative blue card notice, despite him being acquitted at trial of a charge of indecent treatment of a child, was a breach of several rights under the Human Rights Act 2019 (Qld).

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