Alphabetical listing of cases

The case concerned an appeal of an internal review decision in circumstances where the appellant was absent from their workplace due to illness and/or injury for five years. In the internal review, the decision-maker addressed the appellant’s human rights and acknowledged that the requirement to keep the contents of a specific letter confidential would limit the right to freedom of expression (section 21) pursuant to the Human Rights Act 2019 (Qld), which included the freedom to impart information of all kinds. The decision-maker considered that such a limitation was reasonable and demonstrably justifiable in accordance with the Human Rights Act 2019 (Qld). The Tribunal agreed and noted that, to the extent required to conduct his appeal, the applicant had been able to discuss the matters subject of the grievance and the decision: [115].

The case concerned a finding by the Queensland Racing Integrity Commission that the applicant had engaged in misconduct. The Tribunal determined that the limitations on the applicant’s human rights were reasonable and demonstrably justifiable.

This case concerned an application for review of the respondent’s decision directing the applicant, Ms Wilson, to attend an independent medical examination. The tribunal affirmed the respondent’s decision. There was no substantive discussion of human rights.

This was a costs decision. The applicants challenged the directives of the Chief Executive of Queensland Health to make COVID-19 vaccination compulsory for ambulance officers and nurses in public hospitals and sought relief and remedies under ss 59(2) and 58 of the Human Rights Act 2009 (Qld).

This case concerned a review of the guardianship and administration appointments for WMJ. The Tribunal applied the General Principles in section 11B(3) of the Guardianship and Administration Act 2000 (Qld), including, in particular, the principle that the adult is entitled to the same human rights and fundamental freedoms that apply to those with capacity.

The applicant sought a declaration from the District Court, under section 29(7) of the Human Rights Act 2019 (Qld), that his detention for offences for which he failed to appear was unlawful. Upon referral to the Supreme Court, it was held that section 29(7) recognises a human right to apply for a declaration as to the lawfulness of detention, but does not vest jurisdiction for declaratory relief in lower courts. The human right contained in section 29(7) would be accommodated in this, and other cases, by applying for habeas corpus in the Supreme Court.

The Appellant appealed against two convictions for failing to provide a specimen of breath as required by police, and contended that the Magistrate who handed down the convictions had erred with respect to consideration of section 37 of the Human Rights Act 2019 (Qld), which concerned the right to health services.

This matter concerned application for interim orders, seeking emergency appointment as administrator and guardian for WXL in circumstances where her sister (WXY) had nominated herself for those roles.

This application relates to a review of a decision from the Department of Justice and Attorney-General to cancel the applicant’s positive notice and blue card and issue a negative notice. The Human Rights Act 2019 (Qld) is discussed in relation to the applicant’s right to privacy and reputation against the competing right to protection of families and children, and the reasonable limitation of the applicant’s rights under section 13.

The applicant was a police officer who was charged with four disciplinary allegations and found guilty by the respondent. The Tribunal noted that it was required under the Human Rights Act 2019 (Qld) to have regard to the applicant’s human rights, and found that the applicant’s right to freedom of expression (section 21) and right to not have his reputation unlawfully attacked (section 25(b)) were potentially limited. The Tribunal was satisfied that limitations on these rights were consistent with the proper purpose of upholding public confidence in the police service and ensuring police discipline.