• HE [2022] QCAT 34

    This matter concerned an application for an interim order seeking the appointment of the Office of the Public Guardian as guardian for HE. The Tribunal accepted that it was subject to the Human Rights Act 2019 (Qld) and that appointing a guardian on an interim basis would interfere with a person’s human rights. In refusing the application, the Tribunal concluded that it was consistent with HE’s human rights to hold a hearing of the matter and provide HE the opportunity to be heard.
  • Health Ombudsman v ORC [2020] QCAT 181

    The right to a fair hearing, specifically the right to have all judgments and decisions made publicly available (Human Rights Act 2019 (Qld) s 31(3)) was noted by the Tribunal. It was ordered that due to delays in the matter, publication of materials which could identify the respondent was prohibited.
  • Herbert v State of Queensland (Department of Education) [2021] QIRC 415

    This case concerned an appeal of a decision to reject a conversion to a higher classification position under the Public Service Act 2008 (Qld). In submissions, the respondent decision-maker had noted that, as required by the Human Rights Act 2019 (Qld), the appellant’s human rights had been considered, particularly the right to work embodied in article 6(1) of the International Covenant on Economic, Social and Cultural Rights. There was no substantive discussion of human rights nor the Human Rights Act 2019 (Qld) by the Commission.
  • HK v Director-General, Department of Justice and Attorney-General [2021] QCAT 130

    This case concerned an application for review of the respondent’s decision to issue a negative blue card notice to the applicant, HK. In confirming the respondent’s decision to issue a negative notice, the Tribunal stated that it considered the Human Rights Act 2019 (Qld) and held that any limitations on HK’s human rights were reasonable and justifiable pursuant to section 13 of the Human Rights Act 2019 (Qld).
  • HM v Director-General, Department of Justice and Attorney General [2021] QCAT 13

    This case concerned an application for review of the respondent’s decision to issue a negative blue card notice to the applicant, HM. The Tribunal considered whether its decision was compatible with the applicant’s rights to privacy and reputation (section 25), right to take part in public life (section 23), and right to further vocational education and training (section 36(2)), as well as the rights of children to necessary protection that is in their best interests (section 26(2)) under the Human Rights Act 2019 (Qld), and concluded that its decision promotes and is compatible with human rights.
  • Horizon Housing Company v Ross [2020] QCAT 41

    An application for the termination of a community housing lease was brought by a Housing Officer on the ground that the lessee would not leave the property. Human rights were considered, but not discussed in detail by the tribunal.
  • IAR v Director-General, Department of Justice and Attorney-General [2021] QCAT 14

    This case concerned an application for review of the respondent’s decision to issue a negative blue card notice to the applicant, IAR. As the appeal pre-dated the commencement of the Human Rights Act 2019 (Qld), the Tribunal held that the Human Rights Act 2019 (Qld) did not apply.
  • IMM v Department of Housing and Public Works [2020] QCATA 73

    This case concerned the right to a fair hearing, particularly the right to have all judgments or decisions made by a court or tribunal publicly available pursuant to section 31(3) of the Human Rights Act 2019 (Qld). The applicant sought an order that his name be suppressed to protect his mental health, and the Tribunal ordered a non-publication order on this basis.
  • Ingram v State of Queensland (Department of Housing and Public Works) [2021] QIRC 011

    This case concerned an appeal against a decision to not convert the appellant to a higher employment classification. The obligation imposed by the Human Rights Act 2019 (Qld) on public entities to consider human rights when making decisions was referenced within the relevant departmental directive, but there was no in-depth analysis of the Human Rights Act 2019.
  • Innes v Electoral Commission of Queensland & Anor (No 1) [2020] QSC 273; Innes v Electoral Commission of Queensland & Anor (No 2) [2020] QSC 293; Innes v Electoral Commission of Queensland & Anor (No 3) [2020] QSC 320

    A self-represented litigant applied to the Court of Disputed Returns for orders to quash the result of the Sunshine Coast Regional Council election and bring about a new election. The Court found that the applicant’s submissions alleged a breach of the right to recognition and equality before the law (section 15) and the right to take part in public life (section 23). However, the Court held that any limitation on human rights was reasonable and justifiable pursuant to s 13 of the Human Rights Act 2019 (Qld).

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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.