Alphabetical listing of cases

The Attorney-General sought a supervision order under the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld). The Court was required to consider whether a policy of the Queensland Corrective Service in not allowing the provision external support services in precinct housing was compatible with the Human Rights Act 2019 (Qld).

This matter concerned an appeal by the Attorney-General against a decision of the Mental Health Review Tribunal to remove a condition from the respondent’s forensic order (community category) that prevented him from having unsupervised contact with children. In making its decision to confirm the decision and dismiss the appeal, the Court considered section 20 (right to protection of families and children) and section 28 (cultural rights of Aboriginal and Torres Strait Islander peoples) of the Human Rights Act 2019 (Qld).

The Attorney-General applied for a supervision order pursuant to ss 13(5)(b) and 16 of the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld) in relation to the respondent, who was convicted of serious sexual offences. The court noted the respondent’s right to a fair hearing (s 31 of the Human Rights Act 2019 (Qld)) when considering the appellant’s submissions, which were not considered further.

The Attorney-General sought urgent injunctions to restrain the second, third and fourth respondents from attending or encouraging others to attend a planned protest which included a sit-in on the Story Bridge planned for 8 August 2020.

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.

This interim decision concerned whether a litigation guardian would be needed by any of three children who had brought a case alleging age discrimination in respect of the conditions of detention in the Cairns watch house for periods in excess of two days and failure to segregate children from adult detainees.

This case concerned an appeal against a decision of Flanagan J in April 2020 to refuse the appellant’s application for bail. The appellant argued that his detention was arbitrary and unlawful and that he had the right to a trial without unreasonable delay pursuant to section 29(5)(b) of the Human Rights Act 2019 (Qld).

This case concerned an appeal against a decision of Flanagan J in April 2020 to refuse the appellant’s application for bail. The appellant argued that his detention was arbitrary and unlawful and that he had the right to a trial without unreasonable delay pursuant to section 29(5)(b) of the Human Rights Act 2019 (Qld).

This case concerned an appeal of the respondent’s decision that the appellant contravened clause 5 of the Employment Direction 1/22 - COVID 19 Vaccination (‘the direction’), without reasonable excuse.

The right to a fair hearing (Human Rights Act 2019 (Qld) s 31) is mentioned in the context of the Queensland Civil and Administrative Tribunal Act 2009 (Qld), but there is no substantive discussion of the right or its application.