Public Law Considerations

This matter concerned an application for a review of a decision from the respondent to refuse to exempt the applicant from the required doses of the Covid-19 Vaccination mandates. The applicant referred to their right to protection from torture and cruel, inhumane, or degrading treatment (section 17). The Queensland Industrial Relations Commission endorsed the decision made by the internal review and denied Harry’s application for an extension of time in which to commence the appeal.

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, 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.

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.

This case involved an appeal of the Tribunal’s decision that a contract between the two parties was frustrated as a result of COVID-19 government restrictions. The Tribunal recognised that it was bound by the Human Rights Act 2019 (Qld) and that a person has a right to have a civil proceeding decided by a court or tribunal after a fair and public hearing (section 31).

This matter concerned an application for an interim order seeking the appointment of the Office of the Public Guardian and the Public Trustee of Queensland. The Tribunal recognised that the right to freedom of movement (section 19) and right to privacy and reputation (section 25) under the Human Rights Act 2019 (Qld) may be affected by the appointment of a guardian for accommodation matters. The Tribunal noted that these rights, in addition to the right to a fair hearing (section 31) under the Human Rights Act 2019, would be limited in the short-term pending a hearing held at a later date.