Frost v State of Queensland & Ors [2020] QCATA 144

Date: 31 August 2020
Tribunal: Queensland Civil and Administrative Tribunal
Tribunal Member: Senior Member Howard
HRA Sections: s 25
Rights Considered: Right to privacy and reputation
Other Legislation: Queensland Civil and Administrative Tribunal Act 2009 (Qld), ss 28, 45, 47, 58, 66, 145
Keywords: Discrimination; Privacy and Confidentiality

This case concerned an application for a stay order to be issued in respect of a non-publication order of the Tribunal. Taking into account the respondents’ right to protection of their reputations under the Human Rights Act 2019 (Qld), the Tribunal refused the application.

The applicant had an anti-discrimination complaint before the Tribunal against three named police officers, in which the Tribunal made orders and directions on 28 July 2020. The current proceedings concerned the applicant’s application for ‘leave to appeal or appeal the decision and an application for a stay order’: at [4].

The Human Rights Act 2019 (Qld) was considered in relation to the application to stay the Tribunal’s non-publication order. In support of the stay order, the applicant submitted that ‘open justice is an important requirement given her role as a “Human Rights advocate” or “public interest advocate,” and in light of the allegations of “crimes of moral turpitude”’: at [38]. The respondents, three named police officers, submitted they were entitled to the protection of their reputations under the Human Rights Act 2019 (Qld): at [39]. Whilst the Tribunal did not specify what section of the Act was relied upon by the respondents, section 25 of the Human Rights Act 2019 (Qld) provides the right to privacy and reputation. The Tribunal noted that ‘there is no disadvantage to Ms Frost in the non-publication order continuing to operate pending a determination of the appeal proceeding’, and that ‘the police officers concerned are arguably entitled to the protection of their reputations pending the determination’: at [40].  Accordingly, the Tribunal refused the application for a stay order.

Visit the reported judgement: https://www.queenslandjudgments.com.au/caselaw/qcata/2020/144