Alphabetical listing of cases

The Attorney-General sought urgent injunctions to restrain the second, third and fourth respondents from attending or encouraging others to attend a planned protest which included a sit-in on the Story Bridge planned for 8 August 2020.

Pursuant to section 13 of the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld), the Attorney-General applied to the court for either a continuing detention order or a supervision order in relation to the respondent, Carter, who was convicted of serious sexual offences. The court noted that supervision orders limit the right to liberty and freedom of movement contained in sections 29 and 19 of the Human Rights Act 2019 (Qld), but that they did so to fulfil the statutory purpose of the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld) relating to  the safety of the community.

This case concerned an appeal against a decision of Flanagan J in April 2020 to refuse the appellant’s application for bail. The appellant argued that his detention was arbitrary and unlawful and that he had the right to a trial without unreasonable delay pursuant to section 29(5)(b) of the Human Rights Act 2019 (Qld).

This case concerned an appeal of the respondent’s decision that the appellant contravened clause 5 of the Employment Direction 1/22 - COVID 19 Vaccination (‘the direction’), without reasonable excuse.

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.

This case concerned an appeal of a decision to extend the appellant’s fixed term temporary employment and to not permanently appoint her based on genuine operational requirements.

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.

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.

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).

The applicant sought judicial review of a decision which refused approval to deliver Satanic religious instruction in State schools. The judgment alluded to a submission made by the applicant which argued that s 48 of the Human Rights Act 2019 (Qld) required the phrase ‘religious denomination or society’ to be interpreted in a way that is compatible with human rights: at [44]. His Honour did not consider that this provision was applicable on the facts, and thus no substantive comments were made about human rights.