Alphabetical listing of cases

The case concerned an application for review of a yellow card negative notice. The Department identified that the rights to protection from torture, cruel, inhuman or degrading treatment (section 17) and freedom from work (section 18), so far as they related to vulnerable people, are already incorporated into the Disability Services Act 2006 (Qld), and the application of the Human Rights Act 2019 (Qld) supports but does not extend the paramount consideration.

The appellant sought a review of the respondent’s decision not to convert his employment to permanent. The respondent’s decision was confirmed and the appeal was dismissed. There was no substantive discussion of human rights or the Human Rights Act 2019 (Qld) in the reasons.

This case concerned an appeal to the Queensland Industrial Relations Commission against a decision made under section 175 of the Public Service Act 2008 (Qld) requiring the applicant to submit to a medical examination.

This case concerned an application for review of the Respondent’s decision to issue a negative blue card notice to the Applicant. The Tribunal confirmed the Respondent’s decision in finding that any limitation on the Applicant’s human rights pursuant to the Human Rights Act 2019 (Qld) was justified in that it had the proper purpose of promoting and protecting the rights, interests and wellbeing of children and young people.

The case concerned an application for a review of an exclusion from working in the disability sector. The Tribunal was satisfied that the applicant’s rights to fair hearing and not to be tried or punished more than once had not been limited, and that it could lawfully make a decision incompatible with the applicant’s right to reputation as the Disability Services Act 2000 (Qld) compels it to conduct a risk assessment, and to make the safety of persons with a disability the paramount consideration. The Tribunal ultimately dismissed the application.

The case concerned a disciplinary reprimand in relation to an allegation that the appellant illegally parked on the Princess Alexandra Hospital campus. The appellant made submissions that the respondent had ‘defied’ the Human Rights Act 2019 (Qld) in causing the appellant’s ‘sheer mental agony and torture.’ The Commission disagreed and instead found that it was reasonable for the decision-maker to impose the disciplinary action.

This case concerned an appeal of a previous Tribunal decision to set aside a decision of the Department of Justice and Attorney-General to issue a negative blue card notice, and replace it with the decision that the applicant’s case was not an exceptional case. The Human Rights Act 2019 (Qld) had not commenced at the time of the original proceedings so it did not apply. The matter was returned for reconsideration by a differently constituted Tribunal.

This case arose from an application for the Public Guardian to be appointed as guardian for DKM. During proceedings, the Tribunal initiated an application for a confidentiality order concerning a photograph of DKM.

The Tribunal heard an application for the Public Guardian to be appointed as guardian for DKM.

This case concerned an application for review of the respondent’s decision to cancel the working with children clearance and blue card of the applicant, DL, and to issue a negative notice in its place. This decision meant the applicant could no longer continue to work as a foster carer. The Tribunal considered the applicant’s right to privacy and reputation (section 25) and to take part in public life (section 23), as well as the right to protection of families and children (section 26), and the Tribunal’s own role as a public entity under the Human Rights Act 2019 (Qld).