Attorney-General for QLD v Grant [2022] QSC 180

Date: 31 August 2022
Court: Supreme Court of Queensland
Judicial Officer: Applegarth J
Human Rights Act 2019 (Qld) Sections: ss 30, 37
Rights Considered: Right to humane treatment when deprived of liberty; Right to health services.
Other Legislation: Dangerous Prisoners (Sexual Offenders) Act (Qld), ss 11, 13;
Keywords: Criminal Law and Corrective Services

The Attorney-General sought a supervision order under the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld). The Court was required to consider whether a policy of the Queensland Corrective Service in not allowing the provision external support services in precinct housing was compatible with the Human Rights Act 2019 (Qld).

Queensland Corrective Services maintains a policy of not allowing external domestic, daily living or medical support to be provided at 'precinct’ accommodation occupied by released person living under DPSO Act orders. Considering this policy restriction, the Court had to consider whether it would be more suitable for the Respondent to remain in jail: at [5], [6] and [17].

Applegarth J acknowledged that in exercising the discretion in favour of making a continuing detention order under s 13(5) of the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld), the Respondent’s autonomy and rights pursuant to the Human Rights Act 2019 (Qld) must be considered. Accordingly, Applegarth J considered that the Queensland Corrective Service policy raised serious concerns in respect of compliance with ss 30 and 37 of the Human Rights Act 2019 (Qld), namely, the right to humane treatment when deprived of liberty (Section 30) and the right to health services (Section 37), respectively: at [33].

Applegarth J proposed to impose an interim detention order for two months; to join the Chief Executive of Queensland Corrective Services as a respondent; directed the parties to notify the Queensland Human Rights Commission of the interim detention order, and adjourned the matter: at [34].

Visit the Judgment: Attorney-General for QLD v Grant [2022] QSC 180