• Storch v Director-General, Department of Justice and Attorney-General [2020] QCAT 152

    The self-represented applicant argued that the respondent’s decision to issue him with a negative blue card notice, despite him being acquitted at trial of a charge of indecent treatment of a child, was a breach of several rights under the Human Rights Act 2019 (Qld).
  • Tafao v State of Queensland [2020] QCATA 76

    A former prisoner applied for leave to appeal and appeal of a decision in which she experienced discrimination on the basis of her gender identity during her incarceration in a male prison. Pursuant to section 108, the Human Rights Act 2019 (Qld) was found to not apply because the Tribunal’s decision was made prior to the commencement of the Act.
  • Taniela v Australian Christian College Moreton Ltd [2020] QCAT 249

    This case concerned a complaint made on behalf of five-year-old Cyrus Taniela that his school’s decision to discontinue his enrolment for the second semester of 2020, unless he cut his hair to satisfy the school’s uniform policy, amounted to discrimination on the basis of race and sex. The applicant also argued that several human rights provided for in the Human Rights Act 2019 (Qld) were relevant to the discrimination experienced by Cyrus: recognition and equality before the law (section 15); freedom of thought, conscience, religion and belief (section 20); the rights of children (section 26(2)); cultural rights (section 27); and the right to education (section 36). 
  • The Australian Institute for Progress Ltd v The Electoral Commission of Queensland & Ors (No 2) [2020] QSC 174

    In these proceedings, the Australian Institute for Progress sought an order that the Electoral Commission of Queensland pay their costs despite the Institute being unsuccessful in their application for declaratory relief. The Institute argued that this case warranted departure from the general rule that costs follow the event because the proceedings were of public interest and provided useful commentary on the Human Rights Act 2019 (Qld) and the Electoral Act 1992 (Qld). Applegarth J held that there was no sufficient reason to depart from the general costs rule and the Institute was ordered to pay the Commission’s costs.
  • The Australian Institute for Progress Ltd v The Electoral Commission of Queensland & Ors [2020] QSC 54

    A political think tank argued that provisions of the Electoral Act 1992 (Qld) limited the freedom of expression and the right to take part in public life contained in the Human Rights Act 2019 (Qld). Applegarth J held that the limitations were proportionate and reasonable.
  • The State of Queensland through the Department of Housing and Public Works v Tenant [2020] QCAT 144

    The Department of Housing and Public Works sought to terminate the self-represented respondent’s State Tenancy Agreement on the basis of the ‘objectionable behaviour’ of the Respondent.
  • TRE v Director-General, Department of Justice and Attorney-General [2020] QCAT 306

    This case concerned a self-represented applicant seeking review of the respondent’s decision to issue her with a negative blue card notice.
  • TWE v Director-General, Department of Justice and Attorney-General [2021] QCAT 121

    This case concerned an application for review of the respondent’s decision to issue a negative blue card notice to the applicant, TWE. In confirming the respondent’s decision to issue a negative notice, the Tribunal considered the Human Rights Act 2019 (Qld) and found that the ‘paramount consideration’ of the best interests of children justified any limitations imposed on TWE’s human rights.
  • Volkers v The Queen [2020] QDC 25

    An application for a permanent stay of an indictment was brought by a former swimming coach on the basis of lack of fairness and oppression amounting to an abuse of process due to significant delay in proceedings. Reid DCJ found that the delay in prosecution of the accused since 2002 did amount to a breach of his right to a trial without unreasonable delay 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.