• Balemi v Ingles [2020] QCATA 58

    The right to a fair hearing (Human Rights Act 2019 (Qld) s 31) is mentioned in the context of the Queensland Civil and Administrative Tribunal Act 2009 (Qld), but there is no substantive discussion of the right or its application.
  • BB v State of Queensland & Ors [2020] QCAT 496

    The Tribunal considered whether a school directly discriminated against a student, on the basis of his impairment. The Tribunal noted that the Human Rights Act 2019 (Qld) did not apply in this case as the legislation commenced after the relevant events took place. Nonetheless, it found no evidence to suggest that the student’s human rights had been contravened.
  • BCC [2021] QCAT 123

    This matter concerned an application to appoint a guardian and administrator for BCC because of capacity and mental health concerns. The Tribunal noted that section 13(2)(d) of the Human Rights Act 2019 (Qld) was engaged when considering the need to appoint a decision-maker once the presumption of capacity had been rebutted.
  • BE v Director-General, Department of Justice and Attorney-General [2020] QCAT 498

    This case concerned an application for review of the respondent’s decision to issue a negative blue card notice to the applicant, BE. In conducting its review, the Tribunal had regard to the applicant’s right to a fair hearing (section 31) and right not to be tried or punished more than once (section 34), as well as the right to protection of children (section 26(2)) under the Human Rights Act 2019 (Qld).
  • Boyy v Executive Director of Specialist Operations of Queensland Corrective Services [2019] QSC 283

    The right not to be tried or punished more than once (Human Rights Act 2019 (Qld) s 34) was argued by the applicant, but not considered by the court.
  • CA v Director-General, Department of Justice and Attorney-General [2020] QCAT 452

    ​​​​​​​This case concerned an application for review of the respondent’s decision to issue a negative blue card notice to the applicant, CA, due to his lengthy criminal history. In conducting its review, Member Fitzpatrick had regard to the applicant’s right to a fair hearing (section 31) and right not to be tried or punished more than once (section 34), as well as the right to protection of families and children (section 26(2)) under the Human Rights Act 2019 (Qld).
  • CDC v Director-General, Department of Justice and Attorney-General ([2021]) QCAT 112

    The applicant sought a review of a decision to issue her a negative notice in response to an application for a blue card. The Tribunal found that the Human Rights Act 2019 (Qld) did not apply, as the proceedings began before the commencement of the Human Rights Act 2019 (Qld). 
  • Coonan v Registrar of Births, Deaths and Marriages [2020] QCAT 434

    This case involved an application for review of a decision made by the Registrar of Births, Deaths and Marriages to register the parent who gave birth to his child as the child’s ‘mother’, in circumstances where that parent identifies as male. The Tribunal briefly considered the right to recognition and equality before the law, the right to privacy and reputation and the right to protection of families and children (sections 15, 25 and 16 of the Human Rights Act 2019 (Qld)) but ultimately decided that as the proceedings commenced before the commencement of the Human Rights Act 2019 (Qld), it was not applicable.
  • Crossman v Queensland Police Service [2020] QDC 122 and 123

    The self-represented applicant appealed against two convictions for driving over the prescribed speed limit, stating that the Magistrates who handed down the convictions had erred with respect to section 35 of the Human Rights Act 2019 (Qld), which concerns the right to protection against retrospective criminal laws. During oral submissions, the Applicant abandoned this ground of appeal and the Human Rights Act 2019 (Qld) was not further mentioned in either of the proceedings.
  • Director-General, Department of Justice and Attorney-General v MAP [2022] QCATA 34

    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.

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Disclaimer

These case notes are intended to provide summarised general information only. They do not constitute legal advice and should not be relied on as such.  If the subject matter of any case note relates to a transaction or matter of particular concern, you should seek your own independent formal legal advice from an admitted legal practitioner.  Please note, UQ does not offer legal services to the public.