Alphabetical listing of cases

The appellant sought a review of the respondent’s decision to impose a disciplinary penalty which reduced her classification from Clinical Nurse (NG6) to Registered Nurse (NG5).

The Applicant brought a claim against the Respondent Council and alleged that the Council had indirectly discriminated against her by failing to accommodate her disabilities in not providing sufficient car parking arrangements. The Tribunal determined that the Council’s term requiring people using the car park to park in accordance with regulated signage was reasonable in all the circumstances, such that there had been no indirect discrimination.

​​​​​​​An action for judicial review was brought by a prisoner in relation to two decisions: the decision to impose a maximum security order (MSO) for a further six months (following seven years of being subject to such an order); and the decision to impose a no association order. The applicant claimed that the decision-maker breached the obligation to make decisions consistently with human rights, and to consider human rights in the making of decisions. The applicant failed to make out the claims with respect to the right to protection from torture and cruel, inhuman or degrading treatment, or the right to liberty and security of person, but was successful in making out the claim in relation to the right to humane treatment when deprived of liberty.  

This case concerned an application for a stay of proceedings by the Commonwealth defendants regarding the proceedings brought by the plaintiff. By application, the plaintiffs, Palmer Leisure Coolum Pty Ltd and Clive Palmer, sought an order that would result in a summary judgment for criminal prosecutions involving a breach of the Corporations Act 2001 (Cth) and the Criminal Code 1899 (Qld).

This case concerned the application for an order of a reportable death under the Coroners Act 2003. The jurisdiction of the District Court derives from section 11A of the Coroners Act 2003 (Qld), which provides that a person who is dissatisfied with the State Coroner’s decision may apply for an order about whether it is a reportable death. The court did not engage in any substantive discussion regarding the Human Rights Act 2019; however, it was noted that the decision was found to be compatible with and to satisfy any operative provision of the Human Rights Act 2019.

This case concerned a review of an application seeking to appoint the Public Advocate as guardian and the Public Trustee as administrator for PC by DB (PC’s carer and long-time friend and partner) and to remove a 2001 enduring power of attorney appointing PC’s daughters.

McLennan IC considered whether the interference with the complainant's right to privacy and reputation (section 25) under the Human Rights Act 2019 (Qld) was justified in granting the disclosure of documents in pre-trial proceedings.

McLennan IC considered interference with the complainant's right to privacy and confidentiality under the Human Rights Act 2019 (Qld) was justified when granting the disclosure of documents in pre-trial proceedings.

This case considered whether Griffith University and two of its employees victimised or directly discriminated against the applicant on the basis of her impairment, family responsibilities and political beliefs. The Tribunal noted that proceeding to a final decision ‘on the papers’ appropriately balanced each party’s right to a fair hearing under section 31 of the Human Rights Act 2019 (Qld).

This matter concerned an appeal against a suspension without pay decision. The appellant claimed that the Queensland Police Service had not acted with proper consideration of her human rights when it issued a notice of suspension after she declined a second COVID-19 vaccination. The Commission found that the notice addressed human rights in detail and that the appellant’s human rights had been considered. There was no substantive discussion of human rights in the reasons. The decision appealed against was confirmed.