Human Rights Case Law Project

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

The UQ 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), Ben Cornwell, Emma Kendall, Carolyn Farago, Genevieve Rule, 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

RD v Director-General, Department of Justice and Attorney-General [2021] QCAT 253

This case concerned an application for review of the respondent’s decision to issue a negative blue card notice to the applicant, RD. RD had previous convictions for matters of violence but for offences which were neither ‘serious’ or ‘disqualifying’ under the Act.
RE and RL v Department of Child Safety, Youth and Women [2020] QCAT 151

Foster parents applied to the Tribunal to review decisions made by the Department of Child Safety, Youth and Women to remove two children from their care and cancel their certificate of approval as foster carers. The Tribunal had regard to the applicants’ right to recognition and equality before the law but held that the right to protection of families did not apply as foster carers do not constitute “family” for the purpose of s 26 of the Human Rights Act 2019 (Qld). The protection of children under s 26(2) of the Human Rights Act 2019 (Qld), was also considered in relation to the Child Protection Act 1999 (Qld).
REB v Director-General, Department of Justice and Attorney-General [2020] QCAT 312

This case concerned an application for review of the respondent’s decision to issue a negative blue card notice to the applicant, REB, due to a previous conviction for contravening a Protection Order naming his former partner and her children.
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).
SM v Director-General, Department of Justice and Attorney-General [2021] QCAT 116

This case concerned an application for review of the respondent’s decision to issue a negative blue card notice to the applicant, SM. The Tribunal found that the Human Rights Act 2019 (Qld) did not apply, as the proceedings began before the commencement of the Human Rights Act 2019 (Qld).
SSJ v Director-General, Department of Justice and Attorney-General [2020] QCAT 252

The applicant in this case applied for an administrative review of a decision to issue a negative blue card notice. The Tribunal was tasked with determining whether his case was an “exceptional case” in which it was not in the best interests of children for the applicant to hold a blue card.
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).
TSG v Director-General, Department of Justice and Attorney-General [2021] QCAT 98

This case concerned an application for review of the respondent’s decision to issue a negative blue card notice after the applicant was convicted of theft, drug-related and traffic offences. The Tribunal found that the Human Rights Act 2019 (Qld) did not apply as the proceedings were commenced prior to the Act’s commencement. If the Human Rights Act 2019 (Qld) did apply, the Tribunal would have considered the applicant’s right to freedom of expression (section 21), right to take part in public life (section 23), cultural rights (section 27) and the rights of Aboriginal and Torres Strait Islander peoples (section 28), right to a fair hearing (section 31); right to not be tried more than once (section 34), and right to education (section 36); as well as the competing right of every child to protection (section 26(2)).
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.
VDG v Director-General, Department of Justice and Attorney-General [2020] QCAT 506

This case concerned an application for review of the respondent’s decision to issue a negative blue card notice after the applicant was convicted of filming a person’s private parts without consent. The Tribunal found that the Human Rights Act 2019 (Qld) did not apply as the proceedings were commenced prior to the commencement of the Human Rights Act 2019 (Qld).

Annual report

2020/21 Annual Report for the Human Rights Case Law Project (PDF, 123.7 KB)

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.