Alphabetical listing of cases

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 appeal of a Tribunal decision that found a signatory personally liable for fees under a client agreement. The applicant complained that there was a breach of natural justice in the making of the initial decision.

Mr Adrian McIver (the appellant), an Information Technology Officer, appealed against the respondent’s decision which denied him an exemption from complying with a COVID-19 vaccination directive.

This case concerned an appeal against a decision by the Department of Housing and Public Works not to convert the appellant’s employment to a higher classification level. The Human Rights Act 2019 (Qld) was mentioned in a directive that imposed an obligation on decision makers to act in a way that was compatible with human rights, but there was no further discussion of human rights or the Human Rights Act 2019 (Qld).

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.

This matter concerned a review of the appointment of the Public Guardian and the Public Trustee of Queensland as Guardian and Administrator respectively for MGT, in circumstances where the Public Guardian had made the accommodation decision to remove MGT from his mother’s (BC) place of residence. The Human Rights Act 2019 (Qld) was mentioned in acknowledging that certain fundamental human rights exist, irrespective of capacity.

This case relates to application for an exemption from the operation of sections of the Anti-Discrimination Act 1991 (Qld) that prohibit discrimination on the basis of age in order to maintain a residency requirement of being over the age of 50. The Human Rights Act 2019 (Qld) is discussed in relation to the right of recognition and equality before the law, and how it’s definition of ‘discrimination’ differs from that provided by the Anti-Discrimination Act 1991 (Qld).

The case concerned an application for an interim injunction involving a ‘piggy-back’ claim under the Human Rights Act 2019 (Qld) on a legal action under the Anti-Discrimination Act 1991 (Qld). There was a serious claim to be tried in relation to the applicant’s claim as there was no evidence before the Tribunal as to whether the first respondent had fulfilled their substantive obligation to identify relevant human rights, set them out by reference to the facts, say how the decision will limit the human rights and say how the limits are reasonable and justified. The Tribunal also noted that it was bound to interpret section 59 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld) in a way compatible with human rights but, beyond that, was acting in a judicial capacity exercising a judicial power in its consideration of the grant of an interim injunction, with the relevant rights in the exercise of that power being the right to recognition as a person before the law and the right to a fair hearing. The Tribunal ultimately determined that the applicant was entitled to the interim injunction.

The Queensland Civil and Administrative Tribunal reviewed guardianship appointments for MJP, a young man who is unable to communicate decisions about his life.

This case concerned an application for review of the respondent’s decision to issue a negative blue card notice to the applicant, MK. In conducting its review, the Tribunal had regard to the applicant's right to take part in public life (section 23), right to privacy and reputation (section 25), and right to further vocational education and training (section 36(2)), as well as the right to protection of children (section 26(2)), under the Human Rights Act 2019 (Qld).