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

  • ED v Director-General, Department of Justice and Attorney-General [2021] QCAT 56

    This case concerned an application to review the respondent’s decision to issue a negative notice to the applicant, ED. The Human Rights Act 2019 (Qld) was mentioned only in reference to the Tribunal being a public entity and therefore obligated to make decisions compatible with human rights under section 58.
  • FGH v Director-General, Department of Justice and Attorney-General [2020] QCAT 401

    This case concerned an application for review of the respondent’s decision to issue a negative blue card notice to the applicant, FGH.
  • FJM v Director-General, Department of Justice and Attorney-General [2023] QCAT 36

    This case concerned an application for review of the respondent’s decision to issue a negative blue card notice to the applicant.
  • FQA and MKD v Department of Children, Youth Justice and Multicultural Affairs [2022] QCAT 126

    The case concerned an application to review a contact decision. The Tribunal determined that MKD was not a parent or a member of the children’s family, so he had no standing to bring an application to review that decision and the Tribunal did not have jurisdiction to determine the application.
  • HAP v Director-General, Department of Justice and Attorney-General [2020] QCAT 273

    This case concerned an administrative review of the respondent’s decision to issue a negative blue card notice after the applicant was convicted of four breaches of the Weapons Act 1900 (Qld).
  • HDK v Director-General, Department of Justice and Attorney-General [2021] QCAT 97

    This matter concerned an application for review of the respondent’s decision to cancel the applicant’s Blue Card due to the applicant being charged with a stalking offence. The Tribunal found that the Human Rights Act 2019 (Qld) did not apply to this decision as the proceedings commenced before its commencement on 1 January 2020 (section 108). Regardless, the Tribunal acknowledged that it was a public body acting in an administrative capacity and that the decision would potentially impact the applicant’s right to freedom of expression (section 21), right to take part in public life (section 23), cultural rights (section 27), cultural rights of Aboriginal and Torres Strait Islander peoples (section 28), the right to education (section 36(2)), the right to a fair hearing (section 31) and the right not to be tried or punished more than once (section 34). This was balanced against the right of every child to protection (section 26(2)). The Tribunal was satisfied that the decision to cancel the applicant’s Blue Card was compatible with human rights as the limits on the applicant’s rights were reasonable and justifiable (section 13).
  • HK v Director-General, Department of Justice and Attorney-General [2021] QCAT 130

    This case concerned an application for review of the respondent’s decision to issue a negative blue card notice to the applicant, HK. In confirming the respondent’s decision to issue a negative notice, the Tribunal stated that it considered the Human Rights Act 2019 (Qld) and held that any limitations on HK’s human rights were reasonable and justifiable pursuant to section 13 of the Human Rights Act 2019 (Qld).
  • 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.
  • HMD v Department of Child Safety, Youth and Women [2020] QCAT 272

    This case concerned an application by HMD for review of a decision made by a delegated decision maker of the Department of Child Safety, Youth and Women. The Manager refused an application by HMD who sought to become a kinship carer for AR, HMD’s great granddaughter.
  • IAR v Director-General, Department of Justice and Attorney-General [2021] QCAT 14

    This case concerned an application for review of the respondent’s decision to issue a negative blue card notice to the applicant, IAR. As the appeal pre-dated the commencement of the Human Rights Act 2019 (Qld), the Tribunal held that the Human Rights Act 2019 (Qld) did not apply.

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Civil Procedure

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Criminal Law and Corrective Services

  • 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 Lau [2022] QCA 37

    This matter concerned an attempted appeal of a conviction on three counts of rape and one count of contravention of a domestic violence order on the grounds that the sentences are manifestly excessive in the circumstances. The Human Rights Act 2019 (Qld) was raised in the appellant’s submissions in asserting breaches arising in the conduct of the trial.
  • 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.’
  • 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.
  • Radic v State of Queensland & Ors [2022] QSC 134

    This matter concerned an application for a declaration that the applicant had been unlawfully imprisoned after being failed to be released from custody after a Magistrate had ordered the applicant be admitted to conditional bail on 30 March 2022.
  • Re JMT [2020] QSC 72

    This case concerned an application for bail for charges of murder and grievous bodily harm. The court briefly mentioned the rights of detained persons and the obligations the Human Rights Act 2019 (Qld) casts on the three branches of government, but there was no in-depth discussion as a human rights argument was not made by the applicant.
  • RTM v The Queen [2020] QDC 93

    The court considered an application for a no-jury trial and whether it is in the interests of justice for the trial to proceed on a judge alone basis. The right to be tried without unreasonable delay (Human Rights Act 2019 (Qld) s 32(2)(c)) was considered relevant, but there was no substantive discussion of the right or its application.

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Discrimination

  • Ryle v State of Queensland (Department of Justice and Attorney-General) & Pitt [2021] QIRC 307

    The case concerned a complaint accepted by the now Queensland Human Rights Commission out of time and, inter alia, a secondary matter concerning a suppression of identity application made out of time.
  • Ryle v Venables & Ors [2021] QSC 60

    The case concerned the rejection of a complaint of impairment discrimination contrary to the Anti-Discrimination Act 1991 (Qld) by the first respondent acting as the delegate of the Human Rights Commissioner on the basis it was out of time. This application for judicial review was unsuccessful, as no ground for judicial review could be established. The Court briefly outlined the impacts of the Human Rights Act 2019 (Qld) on the framework established by the Anti-Discrimination Act 1991 (Qld).
  • Sandy v Queensland Human Rights Commissioner [2022] QSC 277

    The applicant sought judicial review in relation to a decision by the Commissioner of the Queensland Human Rights Commission to reject a discrimination complaint, including on the ground that the decision was unlawful under section 58 of the Human Rights Act 2019 (Qld). The Court did not analyse this ground in depth as it did not apply to the decision of the Commissioner which was beyond power under section 136 of the Anti-Discrimination Act 1991, and therefore not within the scope of section 58 of the Human Rights Act 2019 (Qld).
  • SF v Department of Education [2021] QCAT 10

    This case concerned an application for review of the Department of Education’s decision to refuse SF’s application to home school her child on the basis that they require an address to be provided. The Human Rights Act 2019 (Qld) was relevant in assessing whether the Department of Education’s interpretation of the procedural requirements and the terms of the application form to home school were compatible with SF and her children’s right to recognition and equality before the law (section 15), right to privacy and reputation (section 25), right to protection of families and children (section 26), and right to education (section 36).    
  • Smith v State of Queensland (Queensland Health) [2022] QIRC 190

    This case concerned an application for an order protecting the complainant’s interests. The applicant had lodged a discrimination complaint in relation to his employer, Queensland Health’s, decision not to employ him, which the applicant alleged was on the basis of his relationship with another doctor at that hospital.
  • Sunshine Coast Regional Council [No 2] [2021] QCAT 439

    This matter concerned an application for exemption under the Anti-Discrimination Act 1991 (Qld) concerning a proposed policy with the effect of allowing the applicant to grant permits to conduct certain tourism businesses on Council land solely to Aboriginal and Torres Strait Islander people.
  • 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). 
  • Terrace-Haven Pty Ltd [2022] QCAT 23

    The case concerned an application for an exemption from the Anti-Discrimination Act 1991 (Qld) to allow Terrace-Haven to operate a retirement village with an age restriction. The Tribunal considered that the limitation on the right to equality, which would only be impacted in a small way, could be demonstrably justified in a free and democratic society based on human dignity, equality and freedom by facilitating the freedom of residents to live as they choose, with similarly-aged and similarly-minded people, and enhancing dignity by allowing people to live as they choose, and that there was no less restrictive and reasonably available way to achieve the purpose.
  • Wildin v State of Queensland [2020] QCAT 514

    A self-represented applicant claimed that the State, vicariously through a Queensland state school, indirectly discriminated against and victimised her. As the events pre-dated the commencement of the Human Rights Act 2019 (Qld), the Tribunal stated that the Act did not apply. Regardless, the Tribunal held that the applicant’s right to recognition and equality before the law (section 15) and freedom of movement (section 19) were not contravened. 

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Education, Training and Employment

  • Crookes v State of Queensland (Department of Education) [2021] QIRC 149

    The appellant sought a review of the respondent’s decision not to convert her employment to permanent. There was no substantive discussion of human rights or the Human Rights Act 2019 (Qld) in the reasons.
  • Dale v State of Queensland (Office of Industrial Relations) [2022] QIRC

    The appellant sought a review of the respondent’s decision not to promote him. Both the appellant and respondent referred to the Human Rights Act 2019 (Qld) in their submissions but the Act was not substantively discussed by the Commission.
  • Davidson v Department of Seniors, Disability Services and Aboriginal and Torres Strait Islander Partnerships [2022] QCAT 367

    The case concerned an application for review of a yellow card negative notice. The Department identified that the rights to protection from torture, cruel, inhuman or degrading treatment (section 17) and freedom from work (section 18), so far as they related to vulnerable people, are already incorporated into the Disability Services Act 2006 (Qld), and the application of the Human Rights Act 2019 (Qld) supports but does not extend the paramount consideration.
  • Davies v State of Queensland (Queensland Health) [2021] QIRC 090

    The appellant sought a review of the respondent’s decision not to convert his employment to permanent. The respondent’s decision was confirmed and the appeal was dismissed. There was no substantive discussion of human rights or the Human Rights Act 2019 (Qld) in the reasons.
  • Devon v Department of Seniors, Disability Services and Aboriginal and Torres Strait Islander Partnerships [2022] QCAT 386

    The case concerned an application for a review of an exclusion from working in the disability sector. The Tribunal was satisfied that the applicant’s rights to fair hearing and not to be tried or punished more than once had not been limited, and that it could lawfully make a decision incompatible with the applicant’s right to reputation as the Disability Services Act 2000 (Qld) compels it to conduct a risk assessment, and to make the safety of persons with a disability the paramount consideration. The Tribunal ultimately dismissed the application.
  • Dhanapathy v State of Queensland (Queensland Health) [2022] QIRC 356

    The case concerned a disciplinary reprimand in relation to an allegation that the appellant illegally parked on the Princess Alexandra Hospital campus. The appellant made submissions that the respondent had ‘defied’ the Human Rights Act 2019 (Qld) in causing the appellant’s ‘sheer mental agony and torture.’ The Commission disagreed and instead found that it was reasonable for the decision-maker to impose the disciplinary action.
  • Donnelly v State of Queensland (Queensland Health) [2022] QIRC 149

    This matter concerned an application for a review of a decision by the respondent to refuse an exemption from COVID-19 Vaccination requirements requested by the applicant.
  • Drage v State of Queensland (Queensland Health) [2022] QIRC 173

    This case concerned an application by the respondent for orders that they be granted leave to be legally represented at the proceedings between the respondent and the applicant. The substantive proceedings concerned the applicant seeking reinstatement of his former position, where he had raised the Human Rights Act 2019 (Qld): at [22]. This was not considered by the Commission.
  • Edwards v State of Queensland (Queensland Health) [2022] QIRC 091

    The appellant sought a review of the respondent’s decision to refuse their COVID-19 vaccine exemption application form which cited genuinely held religious beliefs. The appellant submitted that the vaccination requirement was contrary to s 17(c) of the Human Rights Act 2019 (Qld) however the Commission found that the Health Employment Directive 12/21 could not be characterised as engaging this provision.
  • Elliott v State of Queensland (Queensland Health) [2022] QIRC 332

    The case concerned an appeal of a disciplinary finding decision and a suspension without pay decision. The appellant contended that decisions following vaccine directions made under the Health Employment Directive No. 12/21 - Employee COVID-18 vaccination requirements had contravened the Human Rights Act 2019 (Qld), which she subsequently sought to invoke.

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Health, Mental Health and Guardianship

  • GCS [2020] QCAT 206

    The Tribunal considered whether there was a need to appoint a guardian and administrator for GCS, an 89 year-old woman with impaired capacity. The Tribunal had regard to the interpretation provisions of the Human Rights Act 2019 (Qld) (s 48), GCS’s property rights (s 24), freedom of movement (s 19), and right to privacy (s 45) when making its decision to appoint the Public Guardian to manage GCS’s affairs.
  • GI [2023] QCAT 122

    This matter concerned a woman with an intellectual disability on behalf of whom consent was sought for a hysterectomy to mitigate an increased risk of cancer. In having regard to her right to recognition before the law, freedom of movement and privacy, and protection from inhuman or degrading treatment, the Tribunal found that limits were reasonable and justified in consenting to the hysterectomy.
  • GNR [2022] QCAT 430

    This case considered whether consent should be given for a 21 year old female with impaired capacity to undergo a sterilisation procedure. The Tribunal referred to the adult’s right to not be subjected to medical treatment without full, free and informed consent (section 17(c)) and their right to access health services without discrimination (section 37(1)) under the Human Rights Act 2019 (Qld).
  • HAC [2022] QCAT 104 - HAC [2022] QCAT 116

    This case concerned an application for the appointment of a guardian and administrator for HAC: at [1]. On the same day the application was made, an application was also made for an interim order seeking the appointment of an administrator and guardian for HAC on the basis of allegations of neglect of HAC’s care and exploitation of her property, though no evidence was tendered in support of these allegations: at [4]–[5].
    In refusing to make the interim order, A/Senior Member Traves held that the appointment of a guardian and administrator on an interim basis was a serious incursion on HAC’s human rights, and that there were no reasonable grounds for making the order: at [14]–[15].
  • HAW [2021] QCAT 252

    HAJ, the appointed attorney for HAW in relation to financial, personal and health matters, filed an application seeking authorisation of a conflict transaction. The Tribunal was satisfied that authorising these transactions was compatible with HAW’s rights under the Human Rights Act 2019 (Qld), specifically HAW’s property rights.
  • HE [2022] QCAT 34

    This matter concerned an application for an interim order seeking the appointment of the Office of the Public Guardian as guardian for HE. The Tribunal accepted that it was subject to the Human Rights Act 2019 (Qld) and that appointing a guardian on an interim basis would interfere with a person’s human rights. In refusing the application, the Tribunal concluded that it was consistent with HE’s human rights to hold a hearing of the matter and provide HE the opportunity to be heard.
  • 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.
  • HH [2021] QCAT 103

    This particular hearing concerned an application for an interim order seeking the appointment of the Public Guardian and Public Trustee of Queensland to manage HH’s personal and financial decisions, respectively. In its reasons, the Tribunal recognised that it was subject to the Human Rights Act 2019 (Qld). The Tribunal noted that such an appointment on an interim basis without a fair hearing is a serious incursion on a person’s human rights.
  • IHC [2021] QCAT 141

    This case concerned several applications by IHC’s sons SHM and BHJ to be appointed as Guardian, Administrator and Enduring power of attorney. Member Casey ordered that the Public Guardian be appointed as guardian for IHC regarding accommodation and healthcare, and the Public Trustee appointed as administrator for all financial matters. In doing so, Member Casey held that this was a reasonable limitation on IHC’s human rights.
  • In an application about matters concerning LDR [2022] QCAT 274

    This matter concerned an application filed by a hospital social worker for an interim appointment of a guardian and an administrator in respect of an elderly woman. The applicant did not refer to human rights.

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Privacy and Confidentiality

  • 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)).
  • SF v Department of Education [2021] QCAT 10

    This case concerned an application for review of the Department of Education’s decision to refuse SF’s application to home school her child on the basis that they require an address to be provided. The Human Rights Act 2019 (Qld) was relevant in assessing whether the Department of Education’s interpretation of the procedural requirements and the terms of the application form to home school were compatible with SF and her children’s right to recognition and equality before the law (section 15), right to privacy and reputation (section 25), right to protection of families and children (section 26), and right to education (section 36).    
  • SQH v Scott [2022] QSC 16

    This case concerned an appeal premised on the right not to be compelled to testify against oneself or to confess guilt (section 32(2)(k)). After consideration of a number of provisions of the Human Rights Act 2019 (Qld), the Court ultimately found that the grounds of appeal could not be made out as the limitation imposed upon said rights was justified (section 13).
  • 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.
  • Wagners Cement Pty Ltd & Anor v Boral Resources (Qld) Pty Ltd & Anor [2020] QSC 124

    The right to a fair hearing, specifically the right to have all judgments and decisions made by a court or tribunal publicly available (Human Rights Act 2019 (Qld) s 31(3)), was examined by the court. This arose because there was a possibility that confidential information would be inadvertently disclosed at the conclusion of the trial. The court found it unnecessary to examine this right in depth as the proceedings began before the commencement of the Human Rights Act 2019 (Qld), but held that there will be circumstances where justice cannot be served if everything must be done in public.
  • WDE v Director-General, Department of Justice and Attorney-General [2020] QCAT 301

    This case concerned an application for administrative review of the respondent’s decision to issue a negative blue card notice after the applicant was convicted of a serious offence within the meaning of Schedule 2 of the Working with Children (Risk Management and Screening) Act 2000 (Qld).

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Public Law Considerations

  • Devon v Department of Seniors, Disability Services and Aboriginal and Torres Strait Islander Partnerships [2022] QCAT 386

    The case concerned an application for a review of an exclusion from working in the disability sector. The Tribunal was satisfied that the applicant’s rights to fair hearing and not to be tried or punished more than once had not been limited, and that it could lawfully make a decision incompatible with the applicant’s right to reputation as the Disability Services Act 2000 (Qld) compels it to conduct a risk assessment, and to make the safety of persons with a disability the paramount consideration. The Tribunal ultimately dismissed the application.
  • 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].
  • Domrow v State of Queensland (Queensland Treasury) [2022] QIRC 331

    This matter concerned an appeal, brought against a decision regarding the Queensland Treasury’s COVID-19 vaccination requirements for Treasury employees, under ch 11 pt 6 div 4 Industrial Relations Act 2016 (QLD). The purpose of such an appeal is to decide whether the decision was fair and reasonable.
  • Donnelly v State of Queensland (Queensland Health) [2022] QIRC 149

    This matter concerned an application for a review of a decision by the respondent to refuse an exemption from COVID-19 Vaccination requirements requested by the applicant.
  • Drage v State of Queensland (Queensland Health) [2022] QIRC 173

    This case concerned an application by the respondent for orders that they be granted leave to be legally represented at the proceedings between the respondent and the applicant. The substantive proceedings concerned the applicant seeking reinstatement of his former position, where he had raised the Human Rights Act 2019 (Qld): at [22]. This was not considered by the Commission.
  • Du Preez v Chelden [2020] ICQ 008

    This case concerns conduct occurring prior to the commencement of the Human Rights Act 2019 (Qld). It was agreed by both parties that the Human Rights Act 2019 (Qld) did not apply to the case pursuant to s 108, which confirms that the Act has no retrospective application, and so it was not considered in any depth.
  • Dunlop & Anor v Body Corporate For Port Douglas Queenslander CTS 886 & Ors [2021] QSC 85

    The case concerned a claim for losses alleged to flow from a body corporate’s termination of letting and caretaking agreements. The Court considered that the authorities relevant to the interpretation of section 229(2) of the Body Corporate and Community Management Act 1997 (Qld) did not raise an ‘alternate realistically arguable interpretation’ that ought to be favoured due to the subsequent requirement under the Human Rights Act 2019 (Qld) that statutory provisions must be interpreted 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.
  • Elliott v State of Queensland (Queensland Health) [2022] QIRC 332

    The case concerned an appeal of a disciplinary finding decision and a suspension without pay decision. The appellant contended that decisions following vaccine directions made under the Health Employment Directive No. 12/21 - Employee COVID-18 vaccination requirements had contravened the Human Rights Act 2019 (Qld), which she subsequently sought to invoke.
  • ELS v QPS – Weapons Licensing [2022] QCAT 118

    The appellant sought a preliminary decision about whether information filed by QPS was ‘criminal intelligence’ in proceedings involving a substantive review of three decisions relating to weapons licensing.

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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.