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 (Student Leader), Laura Hall, Kano Nawagawa, Imogen Ryan-Kerr, Emily Gracias, Sarah Millar, Ella North, Elize Atme, Diksha Arora, Ocean Desta-Gebru and Bethany Jones.

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

  • PS v Director General Department of Justice and Attorney General [2023] QCAT 131

    This case concerned an application for review of the Respondent’s decision to issue a negative blue card notice to the Applicant. The Tribunal identified that the rights to privacy and reputation, to take part in public life and to further vocational education and training may be affected by the decision.
  • PXS v Director-General, Department of Justice and Attorney-General [2020] QCAT 342

    This case concerned the reassessment of an applicant’s eligibility to hold a blue card after criminal charges against him had been finalised. The Human Rights Act 2019 (Qld) was included in the respondent’s written submissions, but was not considered in-depth by the Tribunal.
  • Queensland College of Teachers v Teacher NSP [2023] QCAT 105

    The Applicant sought a continued suspension of the Respondent’s teacher registration on the basis that the Respondent posed an unacceptable risk of harm to children. In ordering that the Respondent’s submissions against the decision be set aside, the Tribunal noted that the protection of children generally took precedence over the interests of the teacher.
  • Queensland College of Teachers v Teacher TNE [2020] QCAT 484

    This case concerned a review of the applicant’s decision to suspend the respondent’s registration as a teacher on the basis that the respondent had been charged with indecent treatment of a child under 16 years of age. The respondent submitted that this suspension amounted to a breach of his right under section 34 of the Human Rights Act 2019 (Qld) to not be tried or punished more than once for an offence. In upholding the decision of the applicant, the Tribunal noted that the suspension was not punitive and was in the best interests of children.
  • 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.
  • RAH v Director-General, Department of Justice and Attorney-General [2020] QCAT 406

    This case concerned an application for review of the respondent’s decision to issue a negative blue card notice to the applicant, RAH. The Tribunal considered the applicant’s right to a fair hearing (section 31) and right not to be tried or punished more than once (section 34), as well as the right to protection of children (section 26(2)) under the Human Rights Act 2019 (Qld).
  • 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.
  • RLJ v Direct-General, Department of Justice and Attorney-General [2022] QCAT 137

    This case concerned an application for review of the respondent’s decision to issue a negative blue card notice to the applicant, RLJ. In ordering that the respondent’s decision be set aside, the Tribunal noted that the applicant’s rights to a fair hearing (section 31) and not to be tried or punished more than once (section 34) as well as the right to protect families and children (section 26) were relevant, but did not substantively discuss these rights.

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Education, Training and Employment

  • 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).
  • 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.
  • Queensland College of Teachers v Teacher NSP [2023] QCAT 105

    The Applicant sought a continued suspension of the Respondent’s teacher registration on the basis that the Respondent posed an unacceptable risk of harm to children. In ordering that the Respondent’s submissions against the decision be set aside, the Tribunal noted that the protection of children generally took precedence over the interests of the teacher.
  • Radev v State of Queensland (Queensland Police Service) [2021] QIRC 414

    The case concerned an application for an exemption pertaining to mandatory
    COVID-19 vaccination and mask requirements for police officers and certain staff members due to concern about a potential adverse reaction.
  • Rae v State of Queensland (Queensland Health) [2022] QIRC 160

    This matter concerned an appeal of the respondent’s decision to suspend the appellant from duty without remuneration, following the appellant’s failure to comply with vaccination requirements and failure to apply for an exemption. The appellant did not make any submissions expressly regarding the Human Rights Act 2019 (Qld) and there was no substantive discussion of the Human Rights Act 2019 (Qld) in the reasons.
  • 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.
  • Re: Mackay Regional Council [2022] QIRC 064

    This case concerned an application by the Mackay Regional Council to receive an exemption under s 113(1) of the Anti-Discrimination Act 1991 (Qld) in order to recruit only people who identify as Aboriginal and Torres Strait Islander to apprentice/trainee positions.
  • Re: Rheinmetall Defence Australia Pty Ltd [2022] QIRC 440

    This case concerned an application for an exemption from the Anti-Discrimination Act 1991 (Qld) by a Queensland-based defence contractor, in order to ensure compliance with US laws prohibiting sharing technology and data with persons holding citizenship or permanent residency in a group of specified countries. The Commission considered that the exemption would impact on the entitlement to equal protection of the law without discrimination (section 15(3)), and right to equal and effective protection against discrimination (section 15(4)), but that the limitation was justified on the basis of contract compliance and national security. The exemption was ultimately granted.
  • 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.

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Health, Mental Health and Guardianship

  • VTA [2023] QCAT 68

    The case concerned an application for interim orders for the appointment of a guardian and a guardian for restrictive practices. The adult was aged 49 years, resided in a Blue Care aged care facility and wished to move into a supported living home. A regional general manager for Blue Care had made the application due to concerns that VTA’s family members had impeded the preparation of a comprehensive positive behaviour support plan and that family involvement would also negatively impact any future transition into a supported living home.
  • Wilson v State of Queensland (Queensland Police Service) [2022] QIRC 329

    This case concerned an application for review of the respondent’s decision directing the applicant, Ms Wilson, to attend an independent medical examination. The tribunal affirmed the respondent’s decision. There was no substantive discussion of human rights.
  • WMJ [2021] QCAT 283

    This case concerned a review of the guardianship and administration appointments for WMJ. The Tribunal applied the General Principles in section 11B(3) of the Guardianship and Administration Act 2000 (Qld), including, in particular, the principle that the adult is entitled to the same human rights and fundamental freedoms that apply to those with capacity.
  • WXL [2022] QCAT 383

    This matter concerned application for interim orders, seeking emergency appointment as administrator and guardian for WXL in circumstances where her sister (WXY) had nominated herself for those roles.
  • ZDA [2022] QCAT 167

    ZDA was a 92-year-old hospital inpatient. Her nephew and a solicitor applied for interim appointment as her guardian and administrator respectively. In dismissing their application, Member Kanowski acknowledged ZDA’s right to the freedom to choose where to live (section 19) and their property rights (in restricting their control of their property) (section 24): at [16].

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Public Law Considerations

  • 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.
  • 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.
  • Neville v State of Queensland (Queensland Health) [2022] QIRC 92

    The case concerned a decision to substantiate an allegation by the Respondent against the Applicant in circumstances where the Applicant was a Queensland Health employee and had contravened a direction to provide evidence of her COVID-19 vaccination.
  • Niewiadomski v State of Queensland (Queensland Health) [2023] QIRC 062

    This matter concerned an appeal of a disciplinary finding decision made by the respondent that the appellant had not complied with the requirements of the Health Employment Directive No 12/21 by not receiving her first dose of the COVID-19 vaccine within the relevant time frame. The Human Rights Act 2019 (Qld) was referred to in an email to the respondent, where the appellant requested specific legislative references from relevant legislation, including the Human Rights Act 2019 (Qld), that supported the COVID-19 vaccine mandate.
  • 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.  
  • Philipson v State of Queensland (Queensland Police Service) [2022] QIRC 183

    This matter concerned an appeal against a suspension without pay decision. The appellant claimed that the Queensland Police Service had not acted with proper consideration of her human rights when it issued a notice of suspension after she declined a second COVID-19 vaccination. The Commission found that the notice addressed human rights in detail and that the appellant’s human rights had been considered. There was no substantive discussion of human rights in the reasons. The decision appealed against was confirmed.
  • Radev v State of Queensland (Queensland Police Service) [2021] QIRC 414

    The case concerned an application for an exemption pertaining to mandatory
    COVID-19 vaccination and mask requirements for police officers and certain staff members due to concern about a potential adverse reaction.
  • Rae v State of Queensland (Queensland Health) [2022] QIRC 160

    This matter concerned an appeal of the respondent’s decision to suspend the appellant from duty without remuneration, following the appellant’s failure to comply with vaccination requirements and failure to apply for an exemption. The appellant did not make any submissions expressly regarding the Human Rights Act 2019 (Qld) and there was no substantive discussion of the Human Rights Act 2019 (Qld) in the reasons.
  • Rowe & Anor v Commissioner of State Revenue [2023] QCAT 46

    This case concerned an application for review of a decision by the respondent to refuse payment of a HomeBuilder Grant to the applicants on the basis that the applicants did not meet the eligibility criteria. In affirming the respondent’s decision, the Tribunal noted the applicants’ rights to recognition and equality before the law (section 15), but found that, in the circumstances, any limitation of such was compatible with human rights because the Tribunal lacked discretion to make a different decision.
  • 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).

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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.