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

  • Ibarra v Director-General, Department of Justice and Attorney-General [2021] QCAT 225

    The case concerned a review of a decision to issue a negative notice pursuant to the Working with Children (Risk Management and Screening) Act 2000 (Qld), where the applicant’s case was found to be ‘exceptional.’
  • JB v Director-General Department of Justice and Attorney-General [2021] QCAT 433

    This case concerned an application for review of the Respondent’s decision to issue a negative blue card notice to the Applicant. In ordering that the Respondent’s decision be set aside, the Tribunal considered the relevance of the Applicant’s right to privacy (section 21), right to take part in public life (section 23), right to further vocational education and training (section 36(2) and cultural rights (sections 27-28) as contained in the Human Rights Act 2019 (Qld).
  • JR v Director-General, Department of Justice and Attorney-General [2020] QCAT 332

    This case concerned an application for review of the respondent’s decision to issue a negative blue card notice to the applicant, JR. In confirming the respondent’s decision to issue a negative notice, the Tribunal noted section 13(2)(b) of the Human Rights Act 2019 (Qld), and held that any limitation on JR’s human rights were consistent with giving primary consideration to the interests of children.
  • JZ v Director-General, Department of Justice and Attorney-General [2022] QCAT 183

    This case concerned an application to the Tribunal to review the respondent’s decision to cancel the applicant’s positive notice and issue her with a negative notice, following a change to the applicant’s police information. In reviewing the decision, the Tribunal had regard to the applicant’s right to privacy and reputation (section 25), right to take part in public life (section 23), right to further vocational education and training (section 36(2)), and cultural rights (sections 27 and 28) under the Human Rights Act 2019 (Qld). The Tribunal also had regard to the competing right of every child to ‘the protection that is needed by the child, and is in the child’s best interests, because of being a child’ as provided for in s 26(2) of the Human Rights Act 2019 (Qld).
  • KTG v Director-General, Department of Justice and Attorney-General [2022] QCAT 157

    This case concerned an application for review of the respondent’s decision to cancel the applicant’s Blue Card, following receipt of information that the applicant’s kinship carer certificate had been cancelled following findings that he had failed to protect a child in his care from sexual abuse by an adult member of the household.
  • KWT v Director-General, Department of Justice and Attorney-General [2021] QCAT 122

    This case concerned an application for review of the respondent’s decision to issue a negative blue card notice to the applicant, KWT. In ordering that the respondent’s decision be set aside, the Tribunal noted that it was required by the Human Rights Act 2019 (Qld) to provide proper consideration to any relevant human rights, but did not substantively discuss human rights.
  • LAF v AP [2022] QDC 66

    The case concerned an appeal against the decision of the Noosa Magistrates Court to dismiss the appellant’s application for a protection order and to grant the respondent a protection order.
  • LB v Director-General, Department of Justice and Attorney-General [2021] QCAT 140

    This case concerned an application for review of the respondent’s decision to issue a negative blue card notice to the applicant, LB. LB had criminal convictions as a minor, including threatening with weapon, in the context of an abusive domestic relationship. The Tribunal considered LB’s cultural rights, right to a fair hearing, right not to be tried or punished more than once, and right to education, as well as the right of every child to protection.
  • LSR v Director-General, Department of Justice and Attorney-General [2021] QCAT 380

    The case concerned a review of a negative Blue Card notice. The Tribunal determined that they were required to comply with the Human Rights Act 2019 (Qld) provision directed at public entities and that the limitations to human rights from refusing to issue the blue card, excluding the media and public, and issuing the non-publication order were reasonable and justifiable. The Tribunal ultimately concluded that it was not satisfied the applicant’s case was an exceptional case and therefore it would be in the interests of children for her to be issued with a ‘working with children clearance.’
  • MAJ v Director-General Department of Justice and Attorney-General [2022] QCAT 324

    This matter concerned an application for review of the respondent’s decision to issue a negative Blue Card notice to the applicant. In ordering that the respondent’s decision be set aside, the Tribunal noted that the applicant’s right to a fair hearing (section 31) the right not to be punished more than once for an offence (section 34), as well as the rights of every child to the protection that is needed by the child, and is in the child’s best interests, because of being a child (section 26) were relevant, but found that this decision does not limit the applicant’s rights or the rights of children to protection and is therefore compatible with human rights.

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Criminal Law and Corrective Services

  • Scott v Queensland Police Service – Weapons Licensing [2021] QCAT 330

    This case concerned a review of a decision by the Queensland Police Service to reject the applicant's renewal of her weapons licence. The Human Rights Act 2019 (Qld) was mentioned in relation to the Tribunal being a public entity acting in an administrative capacity, and their obligation to make decisions in a way that is compatible with 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).
  • Wood v The King & Anor [2022] QSC 216

    The applicant sought a declaration from the District Court, under section 29(7) of the Human Rights Act 2019 (Qld), that his detention for offences for which he failed to appear was unlawful. Upon referral to the Supreme Court, it was held that section 29(7) recognises a human right to apply for a declaration as to the lawfulness of detention, but does not vest jurisdiction for declaratory relief in lower courts. The human right contained in section 29(7) would be accommodated in this, and other cases, by applying for habeas corpus in the Supreme Court.
  • Woolston v Commissioner of Police [2022] QDC 70

    The Appellant appealed against two convictions for failing to provide a specimen of breath as required by police, and contended that the Magistrate who handed down the convictions had erred with respect to consideration of section 37 of the Human Rights Act 2019 (Qld), which concerned the right to health services.
  • Young v Dawson (No. 2) [2022] QCAT 48

    The applicant was a police officer who was charged with four disciplinary allegations and found guilty by the respondent. The Tribunal noted that it was required under the Human Rights Act 2019 (Qld) to have regard to the applicant’s human rights, and found that the applicant’s right to freedom of expression (section 21) and right to not have his reputation unlawfully attacked (section 25(b)) were potentially limited. The Tribunal was satisfied that limitations on these rights were consistent with the proper purpose of upholding public confidence in the police service and ensuring police discipline. 

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Education, Training and Employment

  • Ellison v State of Queensland (Queensland Health) [2022] QIRC 174

    The appellant sought a review of the respondent’s decision not to convert her employment from a Registered Nurse (NG5) to a Clinical Nurse (NG6).
  • Elsworthy v State of Queensland (Queensland Ambulance Service) [2022] QIRC 412

    This matter concerned an application for a review of a decision from the respondent to refuse to exempt the applicant from the required doses of the COVID-19 Vaccination. The Commissioner did not engage in any substantive discussion in respect to the applicant’s human rights.
  • FBN v Director-General, Department of Justice and Attorney-General [2020] QCAT 260

    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 offences in relation to the possession of cannabis.
  • Fennell v State of Queensland (Queensland Health) [2021] QIRC 092

    This case concerns an appeal to the Queensland Industrial Relations Commission against a decision made with respect to the appellant’s fixed term temporary employment status and consideration of conversion to permanent employment. In order to consider the appeal, it was necessary to consider the relevant provisions of the Public Service Act 2008 and Directive 09/20 Fixed Term Temporary Employment, the latter of which included a reference to the requirement imposed by section 58 of the Human Rights Act 2019 which requires decision makers to act and make decisions in a way that is compatible with human rights. However, there was no consideration of human rights made by the Commission.
  • Gilbert v Metro North Hospital Health Service & Ors [2020] QIRC 084

    The applicant relied upon the right to peaceful assembly and freedom of association contained within section 22 of the Human Rights Act 2019 (Qld) in seeking declaratory relief against the respondents. There was, however, no in-depth analysis of this provision provided in the Commission’s decision.
  • Gilbert v Metro North Hospital Health Service & Ors [2021] QIRC 255

    The applicant sought declarations that the respondents had acted unlawfully under section 58 of the Human Rights Act 2019 (Qld) by acting in a way that was incompatible with her right to freedom of expression (sections 21) and freedom of association (section 22(2)), and by failing to give proper consideration to her human rights. The Commission dismissed the application, on the basis that limitations were reasonable and demonstrably justifiable.
  • GT v Department of Transport and Main Roads [2022] QCAT 187

    This matter concerned an application to stay the operation of the Department of Transport and Main Roads’ decision to immediately suspend the applicant’s driver authorisation number as a result of him being charged with domestic violence offences.
  • Hansen v State of Queensland (Department of Environment and Science) [2021] QIRC 162

    The appellant sought a review of the respondent’s decision not to convert his employment to a higher classification level. The appellant submitted to the Commission that he should have been treated by the respondent in accordance with the Human Rights Act 2019 (Qld). There was no substantive discussion of human rights or the Human Rights Act 2019 (Qld) in the reasons.
  • 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).
  • Health Ombudsman v ORC [2020] QCAT 181

    The right to a fair hearing, specifically the right to have all judgments and decisions made publicly available (Human Rights Act 2019 (Qld) s 31(3)) was noted by the Tribunal. It was ordered that due to delays in the matter, publication of materials which could identify the respondent was prohibited.

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Health, Mental Health and Guardianship

  • JF [2020] QCAT 419

    This case concerned an application for an interim order that the Public Trustee be appointed for all financial matters for JF. 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 recognised the making of an interim order for guardianship was ‘a serious incursion on a person’s human rights’.
  • LDR [2022] QCAT 274

    This matter concerned three applications brought by a hospital social worker regarding LDR for the appointment of a guardian; for the appointment of an administrator; for an interim order for appointment of a guardian and an administrator until the substantive applications have been decided.
  • LHM [2022] QCAT 90

    This case arose under an application for the Public Guardian and the Public Trustee of Queensland to be appointed as Guardian and Administrator respectively for the adult. The Tribunal noted in its reasoning that the case was subject to the Human Rights Act 2019 (Qld), and that appointment of guardians and administrators impose limitations on human rights.
  • LN & Anor v LSS & Ors [2020] QCATA 18

    This case concerned an application for leave to appeal a Queensland Civil and Administrative Tribunal decision to change the terms of appointment of the Office of the Public Guardian for adult, LER. The Tribunal briefly mentioned the Human Rights Act 2019 (Qld) in making a non-publication order and granting an extension of time for leave to appeal.
  • MGT [2021] QCAT 151

    This matter concerned a review of the appointment of the Public Guardian and the Public Trustee of Queensland as Guardian and Administrator respectively for MGT, in circumstances where the Public Guardian had made the accommodation decision to remove MGT from his mother’s (BC) place of residence. The Human Rights Act 2019 (Qld) was mentioned in acknowledging that certain fundamental human rights exist, irrespective of capacity.
  • MJP [2020] QCAT 253

    The Queensland Civil and Administrative Tribunal reviewed guardianship appointments for MJP, a young man who is unable to communicate decisions about his life.
  • MTC [2022] QCAT 432

    This matter concerned multiple issues arising out of a guardianship application for MTC. MTC’s children SNB, SNE and DTA sought to replace the Public Trustee as MTC’s guardian and administrator, subject to a loan dispute with MTC’s other child, SND, being resolved. The Tribunal recognised that the appointment of an ongoing administrator would impact MTC’s property rights under section 24 Human Rights Act 2019 (Qld), noting that although the appointment of administrator does not deprive an adult of their ownership of property, it does remove their control over the property.
  • NHI [2022] QCAT 357; NHI [2022] QCAT 366

    This case concerned an application for the appointment of the Public Guardian and Public Trustee of Queensland as guardian and administrator respectively, for a 90-year-old adult male (‘NHI’). NHI was diagnosed with dementia of mixed aetiology (amidst other health concerns), when admitted to hospital after being found on the floor in his remote residence, where he lives alone. The Tribunal briefly considered relevant human rights under the Human Rights Act 2019 (Qld), discussing that statutory provisions must be interpreted to the extent possible that is consistent with their purpose, and in a way compatible with human rights.
  • NJ [2022] QCAT 283

    This case concerned an application seeking appointment of the Public Guardian for approval of restrictive practice, containment and seclusion in a memory support unit for people who suffer dementia: at [3]. The Tribunal were satisfied that the decision to appoint the Public Guardian pursuant to s 12 of Guardianship and Administration Act 2000 (Qld) for the personal matter of giving consent was compatible with the human rights.
  • 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.

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Public Law Considerations

  • Elsworthy v State of Queensland (Queensland Ambulance Service) [2022] QIRC 412

    This matter concerned an application for a review of a decision from the respondent to refuse to exempt the applicant from the required doses of the COVID-19 Vaccination. The Commissioner did not engage in any substantive discussion in respect to the applicant’s human rights.
  • Figueiredo v State of Queensland (Queensland Health) [2023] QIRC 052

    The matter concerned the appeal of a decision from the respondent to refuse to exempt the appellant from the required doses of the COVID-19 vaccination. The appellant submitted he was exempt from the obligation based on a genuinely held religious belief however did not expressly refer to his rights under the Human Rights Act 2019 (Qld).
  • Fletcher v State of Queensland (Queensland Health) [2023] QIRC 045

    The appellant in this case had sought an exemption to mandatory vaccination requirements on the basis of exceptional circumstances. These circumstances included concerns regarding a lack of consultation, safety, and efficacy of the vaccine, and the incursion upon the appellant’s human rights. The appellant asserted that mandatory vaccinations were a breach of section 17 of the Human Rights Act 2019 (Qld) which provided the right to protection from torture and cruel, inhuman or degrading treatment.
  • Gilbert v Metro North Hospital Health Service & Ors [2021] QIRC 255

    The applicant sought declarations that the respondents had acted unlawfully under section 58 of the Human Rights Act 2019 (Qld) by acting in a way that was incompatible with her right to freedom of expression (sections 21) and freedom of association (section 22(2)), and by failing to give proper consideration to her human rights. The Commission dismissed the application, on the basis that limitations were reasonable and demonstrably justifiable.
  • Graffunder v State of Queensland (Queensland Health) [2022] QIRC 76

    The case concerned an appeal against a decision to suspend the Appellant’s employment as a health service employee without remuneration due to her inability to comply with Health Employment Directive No. 12/21 which required her vaccination against COVID-19.
  • GT v Department of Transport and Main Roads [2022] QCAT 187

    This matter concerned an application to stay the operation of the Department of Transport and Main Roads’ decision to immediately suspend the applicant’s driver authorisation number as a result of him being charged with domestic violence offences.
  • 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].
  • Harry v State of Queensland (Queensland Health) [2022] QIRC 293

    This matter concerned an application for a review of a decision from the respondent to refuse to exempt the applicant from the required doses of the Covid-19 Vaccination mandates. The applicant referred to their right to protection from torture and cruel, inhumane, or degrading treatment (section 17). The Queensland Industrial Relations Commission endorsed the decision made by the internal review and denied Harry’s application for an extension of time in which to commence the appeal.
  • 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.
  • Hunt & Ors v Dr John Gerrard, Chief Health Officer & Anor; Ishiyama & Ors v Dr Peter Aitken, Former Chief Health Officer & Ors; Baxter & Ors v Dr John Gerrard, Chief Health Officer & Anor 2022 QCA 263

    This case concerned an application for judicial review of public health directives. The appellants also sought relief under the Human Rights Act 2019 (Qld), but the court did not substantively discuss the claim.

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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.