Alphabetical listing of cases

The appellant filed an appeal against a decision to not convert their employment to a higher classification level. Contained within a relevant policy directive was an acknowledgement of the requirement of public entities to make decisions that are compatible with human rights. There was no in-depth analysis of this provision or the Human Rights Act 2019 (Qld) generally. 

The case concerned an application for leave to file an amended application for review of various administrative decisions under the Queensland Building and Construction Commission Act 1991 (Qld). The Tribunal considered that the Human Rights Act 2019 (Qld) did not apply as it does not affect proceedings commenced before 1 January 2020.

The case concerned an application by non-parties requesting an order to be added as parties and an order that material provided by them be considered in a review of a decision of the Councillor Conduct Tribunal that substantiated a finding of misconduct against a former councillor.

This case concerned an application for review of the respondent’s decision to cancel the applicant’s Blue Card, following receipt of information that the applicant’s kinship carer certificate had been cancelled following findings that he had failed to protect a child in his care from sexual abuse by an adult member of the household.

This case concerned an application for review of the respondent’s decision to issue a negative blue card notice to the applicant, KWT. In ordering that the respondent’s decision be set aside, the Tribunal noted that it was required by the Human Rights Act 2019 (Qld) to provide proper consideration to any relevant human rights, but did not substantively discuss human rights.

The case concerned an appeal against the decision of the Noosa Magistrates Court to dismiss the appellant’s application for a protection order and to grant the respondent a protection order.

The matter concerned an application for a review of the decision from the respondent refusing to renew the applicant’s firearm licence. There were no submissions made from the parties in relation to human rights. Nevertheless, the tribunal was bound to apply the Human Rights Act 2019 (Qld). The tribunal balanced the applicant’s recognition and equality before the law and property rights against the public and individual safety and found that the public interest in safety outweighs the private interest of the applicant. The tribunal considered that any limitation on applicant’s human right was reasonable and justified under Human Rights Act 2019 (Qld) but did not engage in any further substantive discussion.

This matter concerns an appeal from a decision of the Office of the Information Commissioner (“the OIC”) to withhold certain documents in response to an application for release under the Information Privacy Act 2009 (Qld). The tribunal confirmed the plaintiff’s right to appeal to the Appeal Tribunal under s 132 of the Act, and that such a review will be confined to questions of law, and is in this regard, similar to a judicial review. The Tribunal confirmed the original decision and stated that the original decision had regard to section 21 Human Rights Act 2019 (Qld), and that no error of law was made. The Tribunal also considered a person’s right to privacy, section 25 Human Rights Act 2019 (Qld), as being a factor favouring non-disclosure.

This case concerned an application for review of the respondent’s decision to issue a negative blue card notice to the applicant, LB. LB had criminal convictions as a minor, including threatening with weapon, in the context of an abusive domestic relationship. The Tribunal considered LB’s cultural rights, right to a fair hearing, right not to be tried or punished more than once, and right to education, as well as the right of every child to protection.

This matter concerned three applications brought by a hospital social worker regarding LDR for the appointment of a guardian; for the appointment of an administrator; for an interim order for appointment of a guardian and an administrator until the substantive applications have been decided.