Human Rights Case Law Project

Published cases referring to the Human Rights Act 2019 (Qld)

The UQ/Caxton Human Rights Case Law Project is an initiative of the UQ School of Law and Caxton Legal Centre Inc. The aim of this project is to ensure that practitioners, researchers, students and members of the public have easy access to all published cases that refer to the Human Rights Act 2019 (Qld). 

Case notes for all published decisions that mention the Human Rights Act 2019 (Qld) will be added to this page. Please be patient with us – we are a small team so the case notes might not appear immediately, but we will do our best to complete them as quickly as possible.

This project is run by Professor Tamara Walsh (UQ Pro Bono Centre) and Bridget Burton (Caxton Legal Centre).

Current team members are: Laura Rowswell (Student Leader), Liisa Kuru (Assistant Leader), Rory Brown, Ben Cornwell, Carolyn Farago, Laura Hall, Anouk Hendriks, Thorida Kim, Sophie Little, Kano Nawagawa, Max Punin, Hannah Retief, Genevieve Rule, Imogen Ryan-Kerr, and Georgia Williams.

Many thanks to our founding members: Elizabeth Aisi, Linden Peacock and Tulli Seton.

Case notes are available by keyword below and in alphabetical order.


Case notes by keyword

Children and Families
Civil Procedure
Commercial
Criminal Law and Corrective Services
Cultural rights
Discrimination
Domestic Violence
Education, Training and Employment
Health, Mental Health and Guardianship
Planning and Environment
Political Freedoms
Privacy and Confidentiality
Public Law Considerations
Tenancy and Social Housing

Children and Families

  • CSG v Director General, Department of Justice and Attorney-General [2022] QCAT 412

    This case concerned an application for review of a decision by the respondent to issue a negative blue card notice to the applicant, on the basis the applicant’s case was ‘exceptional’ within the meaning of s 221(2) of the Working with Children (Risk Management and Screening Act 2000 (Qld).
  • CTA v Director-General, Department of Justice and Attorney-General ([2021]) QCAT 442

    This case concerned an application for review of the Respondent’s decision to issue a negative blue card notice to the Applicant in circumstances where the Applicant’s case was considered an exceptional case.
  • CTC v Director-General, Department of Justice and Attorney-General ([2021]) QCAT 406

    This case concerned an application for review of the respondent’s decision to cancel the applicant’s positive blue card and issue a negative blue card notice to the applicant, CTC. In affirming the respondent’s decision, the Tribunal found that the right to privacy and reputation (section 25), taking part in public life (section 23) and right to protection of families and children (section 26) were relevant, but did not substantively discuss these rights.
  • DAN v Director-General, Department of Justice and Attorney-General ([2021]) QCAT 229

    This matter concerned an application for review of a decision from the Department of Justice and Attorney-General that the applicant was an ‘exceptional case’ under the Working with Children (Risk Management and Screening) Act 2000 (Qld) and to revoke the applicant’s blue card. The Human Rights Act 2019 (Qld) was submitted by the applicant but was held as inapplicable, due its commencement coming after the beginning of the proceedings.
  • DEF v Director-General, Department of Justice and Attorney-General [2022] QCAT 127

    This case concerned an application for review of the Respondent’s decision to issue a negative blue card notice to the Applicant. The Tribunal confirmed the Respondent’s decision in finding that any limitation on the Applicant’s human rights pursuant to the Human Rights Act 2019 (Qld) was justified in that it had the proper purpose of promoting and protecting the rights, interests and wellbeing of children and young people.
  • Director-General, Department of Justice and Attorney-General v MAP [2022] QCATA 34

    This case concerned an appeal of a previous Tribunal decision to set aside a decision of the Department of Justice and Attorney-General to issue a negative blue card notice, and replace it with the decision that the applicant’s case was not an exceptional case. The Human Rights Act 2019 (Qld) had not commenced at the time of the original proceedings so it did not apply. The matter was returned for reconsideration by a differently constituted Tribunal.
  • DL v Director-General, Department of Justice and Attorney General ([2021]) QCAT 61

    This case concerned an application for review of the respondent’s decision to cancel the working with children clearance and blue card of the applicant, DL, and to issue a negative notice in its place. This decision meant the applicant could no longer continue to work as a foster carer. The Tribunal considered the applicant’s right to privacy and reputation (section 25) and to take part in public life (section 23), as well as the right to protection of families and children (section 26), and the Tribunal’s own role as a public entity under the Human Rights Act 2019 (Qld). 
  • DM v Director-General, Department of Justice and Attorney-General [2022] QCAT 199

    This case concerned an application for review of the Respondent’s decision to issue a negative notice to the applicant after he failed to make submissions regarding his eligibility following concerns about his criminal record.
  • Dowling v Director-General, Department of Justice and Attorney-General [2020] QCAT 340

    This case concerned an application for review of the respondent’s decision to issue a negative blue card notice to the applicant. The Tribunal considered the applicant’s right to a fair hearing (section 31), right not to be tried or punished more than once (section 34), and the right to protection of families and children (section 26(2)) under the Human Rights Act 2019 (Qld). Satisfied that its decision was compatible with these rights, the Tribunal ordered the respondent’s decision to be set aside and replaced.
  • DTH v Director-General, Department of Justice and Attorney-General [2021] QCAT 107

    This case concerned an application for review of the respondent’s decision to issue a negative blue card notice to the applicant, DTH. As the Human Rights Act 2019 (Qld) had not commenced at the time proceedings began, it was not considered in any depth.

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Civil Procedure

  • Kremastos v Councillor Conduct Tribunal & Anor [2022] QCAT 319

    The case concerned an application by non-parties requesting an order to be added as parties and an order that material provided by them be considered in a review of a decision of the Councillor Conduct Tribunal that substantiated a finding of misconduct against a former councillor.
  • Lewis v Minister for Police and Corrective Services and Minister for Fire and Emergency Services & Ors [2022] QSC 70

    The plaintiff sought various forms of substantive relief on the basis of human rights, however the Court considered that this was based on a “fundamental misconstruction” of the Human Rights Act 2019 (Qld) and did not consider it necessary to deal with such submissions. As such, there was no substantive consideration of human rights by the Court.
  • Parsons v Ryan (State Coroner) [2022] QDC 237

    This case concerned the application for an order of a reportable death under the Coroners Act 2003. The jurisdiction of the District Court derives from section 11A of the Coroners Act 2003 (Qld), which provides that a person who is dissatisfied with the State Coroner’s decision may apply for an order about whether it is a reportable death. The court did not engage in any substantive discussion regarding the Human Rights Act 2019; however, it was noted that the decision was found to be compatible with and to satisfy any operative provision of the Human Rights Act 2019.
  • Peng v BAK10CUT PTY LTD & Anor (No. 4) [2022] QIRC 352

    McLennan IC considered interference with the complainant's right to privacy and confidentiality under the Human Rights Act 2019 (Qld) was justified when granting the disclosure of documents in pre-trial proceedings.
  • R v CMA [2022] QDCPR 56

    Following their indictment before the Court in respect of two counts of indecent treatment of a child under 12 under care, this case concerned an application by the defendant for leave to subpoena ‘protected counselling communication’ records and information; and produce to the court, adduce evidence of or otherwise ‘use protected counselling communication’; and otherwise disclose, inspect or copy a ‘protected counselling communication’.
  • R v WTS [2022] QDCPR 57

    This case concerned an application of the defendant to subpoena documents or records from an organisation that provided counselling services and support to a child complainant. Accordingly and on behalf of the defendant, an objection was raised as to the standing of the counselled child to be heard under criteria in s 14H of the Evidence Act 1977 (Qld). Long SC DCJ allowed the objection of the defendant to the counselled child being allowed leave to be heard, upon the broad basis on which the application had been sought. Sections 25 and 48 of the Human Rights Act 2019 (Qld) were mentioned in the header, but there was no discussion of human rights.
  • Sandy’s Swim Pty Ltd v Morgan [2022] QDC 131

    The case concerned a claim for damages of a breach of lease regarding a swimming pool. The plaintiff in his written submissions asserted that his right to fair hearing had been breached by the defendant’s solicitors through failing to facilitate the litigation proceeding expeditiously and at a minimum of expense. There was no direct engagement by the Court with human rights considerations.
  • 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.
  • Thornton v State of Queensland (Queensland Health) [2022] QIRC 393

    The respondent sought an order dismissing the claim filed by the applicant on the basis that, inter alia, the claim was made out of time, while the applicant sought an order that time be extended to the date of the filing of the claim. The Human Rights Act 2019 (Qld) did not apply to the Commission’s consideration of the application to extend time on the basis that it was not acting in an administrative capacity. The application was dismissed.
  • Waratah Coal Pty Ltd v Youth Verdict Ltd & Ors (No 5) [2022] QLC 4

    Waratah Coal Pty Ltd (Waratah) sought a mining lease and authorisation to mine thermal coal in Queensland’s Galilee Basin. This hearing concerned an application for an order to take evidence from First Nations witnesses on country. The Court balanced the cultural rights of Aboriginal and Torres Strait Islander peoples under section 28 of the Human Rights Act 2019 (Qld) against the public and private interests of minimising the inconvenience and cost of litigation. The Court held that refusing the application for on country evidence was not reasonable and demonstrably justifiable in the circumstances of the case.

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Criminal Law and Corrective Services

  • 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.
  • 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.
  • Lawler v Queensland Police Service [2022] QCAT 309

    The matter concerned an application for a review of the decision from the respondent refusing to renew the applicant’s firearm licence. There were no submissions made from the parties in relation to human rights. Nevertheless, the tribunal was bound to apply the Human Rights Act 2019 (Qld). The tribunal balanced the applicant’s recognition and equality before the law and property rights against the public and individual safety and found that the public interest in safety outweighs the private interest of the applicant. The tribunal considered that any limitation on applicant’s human right was reasonable and justified under Human Rights Act 2019 (Qld) but did not engage in any further substantive discussion.
  • 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).
  • Morgan v Parole Board Queensland [2022] QSC 280

    This matter concerned an application for judicial review of a rejected application for a parole order. The court found the Parole Board failed to take into account relevant considerations when making its decision to refuse the applicant’s application for a parole order, and ordered that the original decision be set aside and remade according to law. The court found it was unnecessary to address the human rights put forward by the applicant, other than to highlight the Board’s concession that it failed to give express consideration to the applicant’s human rights protected under the Human Rights Act 2019 (QLD), and that the rights to freedom of movement, peaceful assembly and liberty are not rights which are held by prisoners.
  • MWCW and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration) [2021] AATA 777

    The applicant sought a review of the decision made by a delegate of the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to mandatorily cancel his Visa as he did not pass the character test prescribed in the Migration Act 1958 (Cth). The Human Rights Act 2019 (Qld) was mentioned in a report by Queensland Corrective Services where they said they had considered the applicant’s human rights when determining that he required the level of structured supervision afforded to prisoners managed as high security.
  • Owen-D’Arcy v Chief Executive, Queensland Corrective Services [2021] QSC 273

    ​​​​​​​An action for judicial review was brought by a prisoner in relation to two decisions: the decision to impose a maximum security order (MSO) for a further six months (following seven years of being subject to such an order); and the decision to impose a no association order. The applicant claimed that the decision-maker breached the obligation to make decisions consistently with human rights, and to consider human rights in the making of decisions. The applicant failed to make out the claims with respect to the right to protection from torture and cruel, inhuman or degrading treatment, or the right to liberty and security of person, but was successful in making out the claim in relation to the right to humane treatment when deprived of liberty.  
  • Palmer Leisure Coolum Pty Ltd v Magistrates Court of Queensland & Ors; Palmer v Magistrates Court of Queensland & Ors [2022] QSC 227

    This case concerned an application for a stay of proceedings by the Commonwealth defendants regarding the proceedings brought by the plaintiff. By application, the plaintiffs, Palmer Leisure Coolum Pty Ltd and Clive Palmer, sought an order that would result in a summary judgment for criminal prosecutions involving a breach of the Corporations Act 2001 (Cth) and the Criminal Code 1899 (Qld).
  • R v CMA [2022] QDCPR 56

    Following their indictment before the Court in respect of two counts of indecent treatment of a child under 12 under care, this case concerned an application by the defendant for leave to subpoena ‘protected counselling communication’ records and information; and produce to the court, adduce evidence of or otherwise ‘use protected counselling communication’; and otherwise disclose, inspect or copy a ‘protected counselling communication’.
  • R v Finn [2023] QSC 10

    This matter concerned the sentencing of the defendant, an Afghanistan war-veteran who developed PTSD and other mental health issues after serving three tours of duty. The Court was concerned, after reading a psychologist’s sentencing report, about the failure of Queensland Corrective Services (QCS) to facilitate the defendant’s treatment and rehabilitation and uphold the defendant’s rights to access medical treatment.

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Discrimination

  • Mancini v State of Queensland (Queensland Fire and Emergency Services) [2021] QIRC 192

    The applicant alleged discrimination, inter alia, on the basis of an unreasonable limitation of the right to recognition and equality before the law pursuant to section 15 of the Human Rights Act 2019 (Qld). The commission never addresses this contention further.
  • Miami Recreational Facilities Pty Ltd ([2021]) QCAT 378

    This case relates to application for an exemption from the operation of sections of the Anti-Discrimination Act 1991 (Qld) that prohibit discrimination on the basis of age in order to maintain a residency requirement of being over the age of 50. The Human Rights Act 2019 (Qld) is discussed in relation to the right of recognition and equality before the law, and how it’s definition of ‘discrimination’ differs from that provided by the Anti-Discrimination Act 1991 (Qld).
  • Mizner v State of Queensland (Queensland Corrective Services) and Smith [2022] QCAT 245

    The case concerned an application for an interim injunction involving a ‘piggy-back’ claim under the Human Rights Act 2019 (Qld) on a legal action under the Anti-Discrimination Act 1991 (Qld). There was a serious claim to be tried in relation to the applicant’s claim as there was no evidence before the Tribunal as to whether the first respondent had fulfilled their substantive obligation to identify relevant human rights, set them out by reference to the facts, say how the decision will limit the human rights and say how the limits are reasonable and justified. The Tribunal also noted that it was bound to interpret section 59 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld) in a way compatible with human rights but, beyond that, was acting in a judicial capacity exercising a judicial power in its consideration of the grant of an interim injunction, with the relevant rights in the exercise of that power being the right to recognition as a person before the law and the right to a fair hearing. The Tribunal ultimately determined that the applicant was entitled to the interim injunction.
  • Ostopowicz v Redland City Council [2022] QCAT 136

    The Applicant brought a claim against the Respondent Council and alleged that the Council had indirectly discriminated against her by failing to accommodate her disabilities in not providing sufficient car parking arrangements. The Tribunal determined that the Council’s term requiring people using the car park to park in accordance with regulated signage was reasonable in all the circumstances, such that there had been no indirect discrimination.
  • Peng v BAK10CUT PTY LTD & Anor (No. 4) [2022] QIRC 352

    McLennan IC considered interference with the complainant's right to privacy and confidentiality under the Human Rights Act 2019 (Qld) was justified when granting the disclosure of documents in pre-trial proceedings.
  • Petrak v Griffith University & Ors [2020] QCAT 351

    This case considered whether Griffith University and two of its employees victimised or directly discriminated against the applicant on the basis of her impairment, family responsibilities and political beliefs. The Tribunal noted that proceeding to a final decision ‘on the papers’ appropriately balanced each party’s right to a fair hearing under section 31 of the Human Rights Act 2019 (Qld).
  • Re Leidos Australia Pty Ltd [2021] QIRC 229

    The case concerned an application to grant an exception under section 113 of the Anti-Discrimination Act 1991 (Qld) so that the applicant could complete their contracted works. The Commission ultimately concluded that it would be appropriate and reasonable to grant the exemption.
  • Re: Cobham Aviation Services Pty Ltd & Ors [2022] QIRC 326

    In the course of their employment, the applicants must comply with obligations pursuant to US Export Authorizations and, were concerned that, to ensure compliance, they may be obliged to engage in conduct in respect of certain persons which may contravene these sections of the Act: [3].
  • Re: Ipswich City Council [2020] QIRC 194

    The case concerned an application seeking an exemption from the operation of s 14 and s 15 of the Anti-Discrimination Act 1991 (Qld) for the purposes of undertaking an affirmative action recruitment plan that targets only female waste truck drivers. The Commission was satisfied that the exemption was compatible with human rights and granted the exemption to the Ipswich City Council for a period of three years.
  • River Glen Haven Over 50s Village [2021] QCAT 26

    This case concerned age discrimination pertaining to an application for an exemption from section 127 of the Anti-Discrimination Act 1991 (Qld). The company in question had in its trading name ‘over 50s village’ which was found to contravene this section. Given this finding, the Tribunal did not engage in an analysis of the Human Rights Act 2019 (Qld) despite submissions by the Queensland Human Rights Commission.

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Education, Training and Employment

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Health, Mental Health and Guardianship

  • CTR [2022] QCAT 368

    The Tribunal appointed the Public Guardian and the Public Trustee as guardian and administrator respectively for CTR, in circumstances where it was accepted that the limits imposed by this order were reasonable and demonstrably justified in accordance with s 13 of the Human Rights Act 2019 (Qld) on CTR’s right to privacy (section 25), freedom of movement (section 19) and property rights (section 24).
  • DAMA v Public Guardian [2020] QCATA 161

    This case concerned an application for a stay of the operation of orders made by the Tribunal in relation to guardianship proceedings arising from a dispute between DAMA and DEA, the attorneys for DA. The Tribunal recognised that section 25 of the Human Rights Act 2019 (Qld) provides for the right not to have a person’s privacy unlawfully or arbitrarily interfered with, but noted that human rights may be subject to reasonable limitation.
  • DKM [2020] QCAT 441

    This case arose from an application for the Public Guardian to be appointed as guardian for DKM. During proceedings, the Tribunal initiated an application for a confidentiality order concerning a photograph of DKM.
  • DKM [2020] QCAT 443

    The Tribunal heard an application for the Public Guardian to be appointed as guardian for DKM.
  • DLD [2020] QCAT 237

    The Tribunal considered the appointment of a suitable guardian and administrator for a woman experiencing impaired decision making as a result of  dementia.
  • DP [2021] QCAT 271

    The case concerned an application for an interim order for the appointment of the applicant as guardian and administrator for her mother, DP. The Human Rights Act 2019 (Qld) was mentioned in relation to the Tribunal being a public entity acting in an administrative capacity, and thus its obligation to make decisions in a way that is compatible with human rights.
  • EB [2021] QCAT 434

    This matter concerned an application for an interim order seeking the appointment of the Office of the Public Guardian and the Public Trustee of Queensland. The Tribunal recognised that the right to freedom of movement (section 19) and right to privacy and reputation (section 25) under the Human Rights Act 2019 (Qld) may be affected by the appointment of a guardian for accommodation matters. The Tribunal noted that these rights, in addition to the right to a fair hearing (section 31) under the Human Rights Act 2019, would be limited in the short-term pending a hearing held at a later date.
  • EMC v MMH & Ors [2022] QCATA 139

    This matter concerned an application for leave to appeal and an application to stay a decision made by the Tribunal regarding EMC’s removal as an Enduring Power of Attorney for ECJ.
  • FH [2020] QCAT 482

    This case concerned an application for the appointment of the Public Guardian to make decisions regarding legal matters for FH. 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 was required to consider the Act when making such an order.
  • FHV [2022] QCAT 312

    This case concerned a review of the appointment of the Public Trustee of Queensland pursuant to s 31 of the Guardianship and Administration Act 2000 (Qld).

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Political freedoms

  • Amaya v State of Queensland (Queensland Health) [2022] QIRC 117

    This case concerned an appeal of a Queensland Health decision that denied the appellant an exemption from compliance with an employment vaccination directive on the basis of her religious beliefs as a Seventh Day Adventist (‘the decision’). The Commission was required to conduct a review of the decision to determine whether it was fair and reasonable.
  • Doedens v State of Queensland (Queensland Ambulance Service) [2022] QIRC 263

    This matter concerned appeal brought against the Queensland Ambulance Service’s policy of mandatory COVID-19 vaccination. An appeal under ch 11 pt 6 div 4 Industrial Relations Act 2016 (QLD) involves a review of the decision arrived at and the decision-making process associated therewith: at [13]. The purpose of such an appeal is to decide whether the decision appealed against was fair and reasonable: at [14].
  • Collins v State of Queensland (Queensland Health) [2022] QIRC 215

    This matter concerned an appeal brought by an employee of Queensland Health against a decision made by the respondent pursuant to the Health Employment Directive No 12/21 – Employee COVID-19 vaccination requirements (‘the Directive’).
  • AM v Director General Department of Justice and Attorney General [2023] QCAT 6

    The Tribunal set aside a decision of the Director-General, Department of Justice and Attorney-General and found that the applicant’s case was not ‘exceptional’ in relation to his application for a positive notice for a blue card.
  • Morgan v Parole Board Queensland [2022] QSC 280

    This matter concerned an application for judicial review of a rejected application for a parole order. The court found the Parole Board failed to take into account relevant considerations when making its decision to refuse the applicant’s application for a parole order, and ordered that the original decision be set aside and remade according to law. The court found it was unnecessary to address the human rights put forward by the applicant, other than to highlight the Board’s concession that it failed to give express consideration to the applicant’s human rights protected under the Human Rights Act 2019 (QLD), and that the rights to freedom of movement, peaceful assembly and liberty are not rights which are held by prisoners.

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Privacy and Confidentiality

  • HFI [2020] QCAT 481

    This case concerned an application for a confidentiality order, protecting personal information that the Tribunal held pertaining to HFI. In making this confidentiality order, Member Goodman recognised that any infringement of HFI’s rights under the Human Rights Act 2019 (Qld) were reasonably justified in order to prevent serious harm to HFI.
  • 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.
  • Hunt v State of Queensland (Department of Agriculture and Fisheries) [2022] QIRC 162

    This matter involved an application for appeal of a disciplinary decision from the Respondent based on various allegations made in respect to the Applicant’s conduct during his employment.
  • 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.
  • JDT v PDL (No 2) [2022] QDC 147

    This decision concerned an interlocutory application regarding matters of civil procedure arising from defamation proceedings that were yet to be determined. The applicant sought to have their name anonymised in the court’s published reasons.
  • MB [2022] QCAT 185

    This case concerned an application for review of the respondent’s decision to issue a negative blue card notice to the applicant, MB. In affirming the respondent’s decision, the Tribunal considered property rights, the right to privacy and reputation, the right to protection of families and children, the right to a fair hearing, the right not to be tried or punished more than once and the right to education.
  • MK v Director-General, Department of Justice and Attorney General [2021] QCAT 62

    This case concerned an application for review of the respondent’s decision to issue a negative blue card notice to the applicant, MK. In conducting its review, the Tribunal had regard to the applicant's right to take part in public life (section 23), right to privacy and reputation (section 25), and right to further vocational education and training (section 36(2)), as well as the right to protection of children (section 26(2)), under the Human Rights Act 2019 (Qld).
  • Mohr-Edgar v State of Queensland (Legal Aid Queensland) [2020] QIRC 136

    In her complaint under the Anti-Discrimination Act 1991 (Qld), the Applicant referred to employees of Legal Aid Queensland. Legal Aid Queensland made an application seeking suppression orders within these proceedings, citing the right to privacy and reputation contained in section 25 of the Human Rights Act 2019 (Qld).
  • Peng v BAK10CUT PTY LTD & Anor (No. 4) [2022] QIRC 352

    McLennan IC considered interference with the complainant's right to privacy and confidentiality under the Human Rights Act 2019 (Qld) was justified when granting the disclosure of documents in pre-trial proceedings.
  • Phillips v State of Queensland (Department of Transport and Main Roads) [2023] QIRC 019

    This matter concerned the appeal of a decision made by the respondent to transfer the appellant to a new managerial position. The respondent claimed that the transfer was made due to ‘complex difficulties’ in the workplace, mental or physical illness or disability caused by work and an account from a medical practitioner that the appellant’s workplace issues were the source of their health issues.

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Public Law Considerations

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Contact 

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.