Alphabetical listing of cases

This was an appeal relating to a commercial dispute regarding refund fees for a pilot aptitude test: at [6]. The Tribunal ‘had in mind’ the right to a fair hearing both as a matter of procedural fairness and natural justice, and under section 31 of the Human Rights Act 2019 (Qld): at [98]. The requirement imposed by section 13 of the Human Rights Act 2019 (Qld), to only limit this right to the extent that is reasonably justifiable, was noted. However, there was no substantive discussion of human rights by the Tribunal.

This case concerned age discrimination pertaining to an application for an exemption from section 127 of the Anti-Discrimination Act 1991 (Qld). The company in question had in its trading name ‘over 50s village’ which was found to contravene this section. Given this finding, the Tribunal did not engage in an analysis of the Human Rights Act 2019 (Qld) despite submissions by the Queensland Human Rights Commission.

This case concerned an application for review of the respondent’s decision to issue a negative blue card notice to the applicant, RLJ. In ordering that the respondent’s decision be set aside, the Tribunal noted that the applicant’s rights to a fair hearing (section 31) and not to be tried or punished more than once (section 34) as well as the right to protect families and children (section 26) were relevant, but did not substantively discuss these rights.

This matter was referred by the Childrens Court to QCAT to determine whether RNE had the capacity to understand ongoing child protection proceedings in the Children Court regarding his children, and whether a guardian should be appointed to make decisions for him in legal matters. Further tribunal-initiated applications were made relating to the protection of privacy for the children. These are the reasons for decisions made concerning the application for a confidentiality order and non-publication order.

The court considered an application for a no-jury trial and whether it is in the interests of justice for the trial to proceed on a judge alone basis. The right to be tried without unreasonable delay (Human Rights Act 2019 (Qld) s 32(2)(c)) was considered relevant, but there was no substantive discussion of the right or its application.

The case concerned a complaint accepted by the now Queensland Human Rights Commission out of time and, inter alia, a secondary matter concerning a suppression of identity application made out of time.

The case concerned the rejection of a complaint of impairment discrimination contrary to the Anti-Discrimination Act 1991 (Qld) by the first respondent acting as the delegate of the Human Rights Commissioner on the basis it was out of time. This application for judicial review was unsuccessful, as no ground for judicial review could be established. The Court briefly outlined the impacts of the Human Rights Act 2019 (Qld) on the framework established by the Anti-Discrimination Act 1991 (Qld).

The applicant sought judicial review in relation to a decision by the Commissioner of the Queensland Human Rights Commission to reject a discrimination complaint, including on the ground that the decision was unlawful under section 58 of the Human Rights Act 2019 (Qld). The Court did not analyse this ground in depth as it did not apply to the decision of the Commissioner which was beyond power under section 136 of the Anti-Discrimination Act 1991, and therefore not within the scope of section 58 of the Human Rights Act 2019 (Qld).

The case concerned a claim for damages of a breach of lease regarding a swimming pool. The plaintiff in his written submissions asserted that his right to fair hearing had been breached by the defendant’s solicitors through failing to facilitate the litigation proceeding expeditiously and at a minimum of expense. There was no direct engagement by the Court with human rights considerations.