• DKM [2020] QCAT 441

    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.
  • DKM [2020] QCAT 443

    The Tribunal heard an application for the Public Guardian to be appointed as guardian for DKM.
  • DL v Director-General, Department of Justice and Attorney General ([2021]) QCAT 61

    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). 
  • DLD [2020] QCAT 237

    The Tribunal considered the appointment of a suitable guardian and administrator for a woman experiencing impaired decision making as a result of  dementia.
  • Dowling v Director-General, Department of Justice and Attorney-General [2020] QCAT 340

    This case concerned an application for review of the respondent’s decision to issue a negative blue card notice to the applicant. The Tribunal considered the applicant’s right to a fair hearing (section 31), right not to be tried or punished more than once (section 34), and the right to protection of families and children (section 26(2)) under the Human Rights Act 2019 (Qld). Satisfied that its decision was compatible with these rights, the Tribunal ordered the respondent’s decision to be set aside and replaced.
  • DTH v Director-General, Department of Justice and Attorney-General ([Y2021) QCAT 107

    This case concerned an application for review of the respondent’s decision to issue a negative blue card notice to the applicant, DTH. As the Human Rights Act 2019 (Qld) had not commenced at the time proceedings began, it was not considered in any depth.
  • Du Preez v Chelden [2020] ICQ 008

    This case concerns conduct occurring prior to the commencement of the Human Rights Act 2019 (Qld). It was agreed by both parties that the Human Rights Act 2019 (Qld) did not apply to the case pursuant to s 108, which confirms that the Act has no retrospective application, and so it was not considered in any depth.
  • EB [2021] QCAT 434

    This matter concerned an application for an interim order seeking the appointment of the Office of the Public Guardian and the Public Trustee of Queensland. The Tribunal recognised that the right to freedom of movement (section 19) and right to privacy and reputation (section 25) under the Human Rights Act 2019 (Qld) may be affected by the appointment of a guardian for accommodation matters. The Tribunal noted that these rights, in addition to the right to a fair hearing (section 31) under the Human Rights Act 2019, would be limited in the short-term pending a hearing held at a later date.
  • ED v Director-General, Department of Justice and Attorney-General [2021] QCAT 56

    This case concerned an application to review the respondent’s decision to issue a negative notice to the applicant, ED. The Human Rights Act 2019 (Qld) was mentioned only in reference to the Tribunal being a public entity and therefore obligated to make decisions compatible with human rights under section 58.
  • EH v Queensland Police Service; GS v Queensland Police Service [2020] QDC 205

    The right to peaceful assembly and freedom of association (section 22) in the Human Rights Act 2019 (Qld) was briefly mentioned by Fantin DCJ in Her Honour’s reasons for allowing an appeal and resentencing the two appellants in circumstances where the original sentences imposed were manifestly excessive.

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Please contact our group with any enquiries at humanrights@uq.edu.au.

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.