Alphabetical listing of cases

The case concerned an application for an interim injunction involving a ‘piggy-back’ claim under the Human Rights Act 2019 (Qld) on a legal action under the Anti-Discrimination Act 1991 (Qld). There was a serious claim to be tried in relation to the applicant’s claim as there was no evidence before the Tribunal as to whether the first respondent had fulfilled their substantive obligation to identify relevant human rights, set them out by reference to the facts, say how the decision will limit the human rights and say how the limits are reasonable and justified. The Tribunal also noted that it was bound to interpret section 59 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld) in a way compatible with human rights but, beyond that, was acting in a judicial capacity exercising a judicial power in its consideration of the grant of an interim injunction, with the relevant rights in the exercise of that power being the right to recognition as a person before the law and the right to a fair hearing. The Tribunal ultimately determined that the applicant was entitled to the interim injunction.

The Queensland Civil and Administrative Tribunal reviewed guardianship appointments for MJP, a young man who is unable to communicate decisions about his life.

This case concerned an application for review of the respondent’s decision to issue a negative blue card notice to the applicant, MK. In conducting its review, the Tribunal had regard to the applicant's right to take part in public life (section 23), right to privacy and reputation (section 25), and right to further vocational education and training (section 36(2)), as well as the right to protection of children (section 26(2)), under the Human Rights Act 2019 (Qld).

This case concerned an application for review of the respondent’s decision to issue a negative blue card notice to the applicant, ML. Member Ashman stated that ‘[t]he Tribunal must...consider the intent of the Human Rights Act 2019 (Qld)’ but did not elaborate as to which specific considerations were relevant to this matter.

In her complaint under the Anti-Discrimination Act 1991 (Qld), the Applicant referred to employees of Legal Aid Queensland. Legal Aid Queensland made an application seeking suppression orders within these proceedings, citing the right to privacy and reputation contained in section 25 of the Human Rights Act 2019 (Qld).

This matter concerned an application for judicial review of a rejected application for a parole order. The court found the Parole Board failed to take into account relevant considerations when making its decision to refuse the applicant’s application for a parole order, and ordered that the original decision be set aside and remade according to law. The court found it was unnecessary to address the human rights put forward by the applicant, other than to highlight the Board’s concession that it failed to give express consideration to the applicant’s human rights protected under the Human Rights Act 2019 (QLD), and that the rights to freedom of movement, peaceful assembly and liberty are not rights which are held by prisoners.

This matter concerned multiple issues arising out of a guardianship application for MTC. MTC’s children SNB, SNE and DTA sought to replace the Public Trustee as MTC’s guardian and administrator, subject to a loan dispute with MTC’s other child, SND, being resolved. The Tribunal recognised that the appointment of an ongoing administrator would impact MTC’s property rights under section 24 Human Rights Act 2019 (Qld), noting that although the appointment of administrator does not deprive an adult of their ownership of property, it does remove their control over the property.

This matter concerned an application to appoint a guardian and administrator for MTD under an interim order because of capacity concerns. The Tribunal found that limits on MTD’s freedom of movement (section 19) and right to privacy and reputation (section 25) that would result from an interim order, were not reasonable and justified in accordance with section 13 of the Human Rights Act 2019 (Qld).

The applicant sought a review of the decision made by a delegate of the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to mandatorily cancel his Visa as he did not pass the character test prescribed in the Migration Act 1958 (Cth). The Human Rights Act 2019 (Qld) was mentioned in a report by Queensland Corrective Services where they said they had considered the applicant’s human rights when determining that he required the level of structured supervision afforded to prisoners managed as high security.

This application concerned the appointment of a guardian and administrator for MXQ, the making of a confidentiality order, and the making of orders limiting information sharing with particular individuals.