• Bowie v Gela [2022] QCATA 112

    The appellant sought a stay of the Tribunal’s decision to terminate the residential tenancy agreement between the appellant and respondent. The appellant also filed an application for leave to appeal the decision which included a generalised complaint that his rights under the Human Rights Act 2019 (Qld) were infringed by the termination because of a shortage of housing on Badu Island. The Tribunal acknowledged the appellant would be disadvantaged due to the shortage of housing, but also noted the respondent would be equally disadvantaged by not having access to her own property: at [11]. The Tribunal refused the application for a stay but did not otherwise make any substantive comments or findings in relation to the application of the Human Rights Act 2019 (Qld).
  • Bowie v Queensland Police Service and Ors [2022] QLC 8

    The Court dismissed an application for a number of orders under the Land Court Act 2000 (Qld). In doing so, the Court found that the Human Rights Act 2019 (Qld) had no bearing on the Queensland Police Service’s execution of a lawfully granted warrant of possession.
  • Boyy v Executive Director of Specialist Operations of Queensland Corrective Services [2019] QSC 283

    The right not to be tried or punished more than once (Human Rights Act 2019 (Qld) s 34) was argued by the applicant, but not considered by the court.
  • BPM v Director-General, Department of Justice and Attorney-General [2022] QCAT 286

    This case concerned an application for a review of the respondent’s decision to issue a negative blue card notice to the applicant. In ordering that the respondent’s decision be set aside, the Tribunal referred to the Human Rights Act 2019 (Qld) as it was mentioned in submissions, however, did not substantively discuss these rights.
  • BR v State of Queensland (No 2) [2022] QIRC 154

    The appellant sought a review of the respondent’s decision to suspend his employment without normal remuneration after he had been charged with seven indictable offences, including five counts of sexual assault, which allegedly occurred during his work as a ride share driver and not his work for the respondent.
  • Brisbane Marine Pilots Pty Ltd (in liquidation) v General Manager of Maritime Safety Queensland, Department of Transport and Main Roads and Ors (costs) [2022] QCAT 225

    This case concerned an application for a costs order. The Court briefly discussed human rights but did not apply these principles to the matter at hand.
  • Brown v State of Queensland (Queensland Ambulance Service) [2022] QIRC 312

    This matter concerned an appeal of the respondent’s decision to refuse to exempt the appellant from COVID-19 vaccination requirements on the basis of a genuinely held religious belief.
  • Burleigh Town Village Pty Ltd (3) [2022] QCAT 285

    The applicant applied for an exemption pursuant to section 113 of the Anti-Discrimination Act 1991 (Qld) for the purposes of owning and operating a manufactured home park supplying special accommodation solely for persons aged 50 and older. The Tribunal weighed the application against the infringement of rights under the Human Rights Act 2019 (Qld) and subsequently refused the application.
  • CA v Director-General, Department of Justice and Attorney General [2022] QCAT 305

    The case concerned a negative blue card notice to an applicant convicted of assault offences arising from an altercation in March 2019. The Tribunal was satisfied that the applicant’s case was an exceptional case. The Tribunal acknowledged that the human rights of the applicant to ‘privacy and reputation’, to ‘take part in public life’ and ‘to further vocational education and training’ would be affected by the decision.
  • CA v Director-General, Department of Justice and Attorney-General [2020] QCAT 452

    ​​​​​​​This case concerned an application for review of the respondent’s decision to issue a negative blue card notice to the applicant, CA, due to his lengthy criminal history. In conducting its review, Member Fitzpatrick 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 families and children (section 26(2)) under 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.