• Isles v State of Queensland [2021] QCAT 135

    The applicant applied to the Tribunal claiming that the Queensland Police Service were directly discriminating against him by placing alerts, warnings and flags on his personal profile on their internal database. The Human Rights Act 2019 (Qld) was held not to apply as the events in question occurred prior to its commencement. The Tribunal noted that the evidence did not meet the standard required to make any findings of a contravention of human rights.
  • JF [2020] QCAT 419

    This case concerned an application for an interim order that the Public Trustee be appointed for all financial matters for JF. Member Traves recognised that the Tribunal was a public entity acting in an administrative capacity within the meaning of the Human Rights Act 2019 (Qld) and recognised the making of an interim order for guardianship was ‘a serious incursion on a person’s human rights’.
  • Johnson v Parole Board of Queensland [2020] QSC 108

    A prisoner applied for judicial review of the decision of the Parole Board of Queensland (‘the Board’) to refuse to grant his application for a parole order. Bradley J referenced the fact that, in reaching its decision, the Board must balance the legitimate competing interests of the applicant and the public, including the applicant’s common law and statutory right to liberty.
  • JR v Director-General, Department of Justice and Attorney-General [2020] QCAT 332

    This case concerned an application for review of the respondent’s decision to issue a negative blue card notice to the applicant, JR. In confirming the respondent’s decision to issue a negative notice, the Tribunal noted section 13(2)(b) of the Human Rights Act 2019 (Qld), and held that any limitation on JR’s human rights were consistent with giving primary consideration to the interests of children.
  • Khan v State of Queensland (Department of Housing and Public Works) [2020] QIRC 227

    The appellant filed an appeal against a decision to not convert their employment to a higher classification level. Contained within a relevant policy directive was an acknowledgement of the requirement of public entities to make decisions that are compatible with human rights. There was no in-depth analysis of this provision or the Human Rights Act 2019 (Qld) generally. 
  • KWT v Director-General, Department of Justice and Attorney-General [2021] QCAT 122

    This case concerned an application for review of the respondent’s decision to issue a negative blue card notice to the applicant, KWT. In ordering that the respondent’s decision be set aside, the Tribunal noted that it was required by the Human Rights Act 2019 (Qld) to provide proper consideration to any relevant human rights, but did not substantively discuss human rights.
  • Leggott v State of Queensland (Department of Children, Youth Justice and Multicultural Affairs) [2021] QIRC 30

    This case concerned an appeal against the respondent’s decision to not convert the appellant’s employment status to a higher classification. Contained within a relevant policy directive was an acknowledgement of the requirement of public entities to make decisions compatible with human rights. There was no in-depth analysis of this provision or the Human Rights Act 2019 (Qld) generally. 
  • LN & Anor v LSS & Ors [2020] QCATA 18

    This case concerned an application for leave to appeal a Queensland Civil and Administrative Tribunal decision to change the terms of appointment of the Office of the Public Guardian for adult, LER. The Tribunal briefly mentioned the Human Rights Act 2019 (Qld) in making a non-publication order and granting an extension of time for leave to appeal.
  • MAP v Director-General, Department of Justice and Attorney-General [2020] QCAT 527

    This case concerned an application for review of the respondent’s decision to issue a negative blue card notice to the applicant, MAP. The Human Rights Act 2019 (Qld) was discussed in relation to the duties it imposed upon the Tribunal, and the relevance of the right not be tried or punished more than once (section 34), the right to a fair hearing (section 31) and the right to privacy and reputation (section 25) to the operation of the Working with Children (Risk Management and Screening) Act 2000 (Qld).
  • McMillan v State of Queensland (Department of Housing and Public Works) [2021] QIRC 018

    This case concerned an appeal against a decision by the Department of Housing and Public Works not to convert the appellant’s employment to a higher classification level. The Human Rights Act 2019 (Qld) was mentioned in a directive that imposed an obligation on decision makers to act in a way that was compatible with human rights, but there was no further discussion of human rights or 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.