• PIM v Director-General, Department of Justice and Attorney-General [2020] QCAT 188

    A self-represented litigant sought judicial review after being issued a negative notice by Blue Card Services arguing that his case was ‘exceptional’. The Queensland Civil and Administrative Tribunal analysed limiting the applicant’s human rights and issued a non-publication order in light of the right to have all judgments and decisions made by a court or tribunal publicly available (Human Rights Act 2019 (Qld) s 31(3)).
  • PJ [2021] QCAT 194

    This case concerned applications for the removal of PL, PJ’s mother, as guardian and administrator of PJ, and the appointment of the Office of the Public Guardian and Public Trustee of Queensland. The Tribunal briefly considered the Human Rights Act 2019 (Qld) and was satisfied that the limits imposed by the guardianship order were reasonable and justified in accordance with section 13 of the Human Rights Act 2019 (Qld).
  • PXS v Director-General, Department of Justice and Attorney-General [2020] QCAT 342

    This case concerned the reassessment of an applicant’s eligibility to hold a blue card after criminal charges against him had been finalised. The Human Rights Act 2019 (Qld) was included in the respondent’s written submissions, but was not considered in-depth by the Tribunal.
  • Queensland College of Teachers v Teacher TNE [2020] QCAT 484

    This case concerned a review of the applicant’s decision to suspend the respondent’s registration as a teacher on the basis that the respondent had been charged with indecent treatment of a child under 16 years of age. The respondent submitted that this suspension amounted to a breach of his right under section 34 of the Human Rights Act 2019 (Qld) to not be tried or punished more than once for an offence. In upholding the decision of the applicant, the Tribunal noted that the suspension was not punitive and was in the best interests of children.
  • R v Hickey [2020] QCA 206

    This case concerned an application for an extension of time for leave to appeal against a sentence, in which the applicant relied on the right not to be tried or punished more than once (section 34 Human Rights Act 2019 (Qld)). The Queensland Court of Appeal held that the argument faced ‘insurmountable hurdles’ and dismissed the application.
  • R v Logan [2020] QDCPR 67

    The court considered an application for a no-jury trial and whether it was in the interests of justice for the trial to proceed on a judge alone basis. In written submissions, Counsel for the applicant raised the applicant’s right to be tried without unreasonable delay pursuant to section 32(2)(c) of the Human Rights Act 2019 (Qld). Horneman-Wren SC DCJ discussed the relevance of this right in the context of the application and ordered that the trial proceed on a judge alone basis.
  • R v Mitchell [2020] QDC 89

    The court considered an application for a no-jury trial and whether it was in the interests of justice for the trial to proceed on a judge alone basis. The right to be tried without unreasonable delay pursuant to section 32(2)(c) of the Human Rights Act 2019 (Qld) was considered relevant, but there was no substantive discussion of the right or its application.
  • R v Morrison [2020] QCA 187

    The self-represented applicant sought leave to appeal against sentences imposed upon him by the District Court on the ground that his sentence was manifestly excessive.
  • R v NGK [2020] QDCPR 77

    The respondent applied for a no jury trial in circumstances where measures in response to the COVID-19 pandemic had prevented all new jury trials from proceeding. The respondent raised the right to be tried without unreasonable delay in section 32(2)(c) of the Human Rights Act 2019 (Qld). The court found that the appropriate consideration was whether the making of a no jury order was ‘in the interests of justice.’
  • RAH v Director-General, Department of Justice and Attorney-General [2020] QCAT 406

    This case concerned an application for review of the respondent’s decision to issue a negative blue card notice to the applicant, RAH. The Tribunal considered 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).

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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.