Alphabetical listing of cases

This case arose under an application for the Public Guardian and the Public Trustee of Queensland to be appointed as Guardian and Administrator respectively for the adult. The Tribunal noted in its reasoning that the case was subject to the Human Rights Act 2019 (Qld), and that appointment of guardians and administrators impose limitations on human rights.

This case concerned applications filed by Dr Graeme Walker about LKZ, a 28-year-old woman who is 10 weeks pregnant and has impaired capacity. Dr Walker seeks the Tribunal’s approval for LKZ to undergo a pregnancy termination and a medical procedure which would involve the surgical removal of ovaries and fallopian tubes.

This case concerned an application for leave to appeal a Queensland Civil and Administrative Tribunal decision to change the terms of appointment of the Office of the Public Guardian for adult, LER. The Tribunal briefly mentioned the Human Rights Act 2019 (Qld) in making a non-publication order and granting an extension of time for leave to appeal.

The applicant was issued a negative blue card notice on the basis of her criminal history. The Tribunal considered the applicant’s rights pursuant to the Human Rights Act 2019 (Qld) and set aside the decision as her criminal history was recognised to be of limited relevance.

The case concerned a review of a negative Blue Card notice. The Tribunal determined that they were required to comply with the Human Rights Act 2019 (Qld) provision directed at public entities and that the limitations to human rights from refusing to issue the blue card, excluding the media and public, and issuing the non-publication order were reasonable and justifiable. The Tribunal ultimately concluded that it was not satisfied the applicant’s case was an exceptional case and therefore it would be in the interests of children for her to be issued with a ‘working with children clearance.’

This Matter concerned an application for a review of a decision from the respondent to refuse remuneration to the applicant for suspended employment due to non-compliance with COVID-19 directions. The applicant did not refer to any specific human right under the Act, however the respondent referred to section 13 of the Human Rights Act that affords for the restriction of the prescribed human rights. The Commission did not engage in any further substantive discussion in respect to the applicant’s human rights. The initial decision was affirmed.

This matter concerned an application for review of the respondent’s decision to issue a negative Blue Card notice to the applicant. In ordering that the respondent’s decision be set aside, the Tribunal noted that the applicant’s right to a fair hearing (section 31) the right not to be punished more than once for an offence (section 34), as well as the rights 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 (section 26) were relevant, but found that this decision does not limit the applicant’s rights or the rights of children to protection and is therefore compatible with human rights.

The applicant alleged discrimination, inter alia, on the basis of an unreasonable limitation of the right to recognition and equality before the law pursuant to section 15 of the Human Rights Act 2019 (Qld). The commission never addresses this contention further.

This case concerned an application for review of the respondent’s decision to issue a negative blue card notice to the applicant, MAP. The Human Rights Act 2019 (Qld) was discussed in relation to the duties it imposed upon the Tribunal, and the relevance of the right not be tried or punished more than once (section 34), the right to a fair hearing (section 31) and the right to privacy and reputation (section 25) to the operation of the Working with Children (Risk Management and Screening) Act 2000 (Qld).

This case concerned an application for reopening a previous Tribunal matter in circumstances where the Applicant did not attend the hearing in question. The Tribunal referred to s 31 of the Human Rights Act 2019 (Qld) where it was considered that it is the human right of an individual to have a civil proceeding decided by a competent, independent and impartial court or Tribunal after a fair hearing.