Date: 24 January 2023
Court: Queensland Civil and Administrative Tribunal
Member: Member Munasinghe
Human Rights Act 2019 (Qld) Sections: s 31
Rights Considered: Right to a fair hearing
Other Legislation: Queensland Civil and Administrative Tribunal Act 2009 (Qld) ss 3, 48; Weapons Act 1990 (Qld) s 10B
Keywords: Public law considerations: Fair trial

This case involved an application by the Queensland Police Service to dismiss or strike out an application, in which the applicant requested a review of the revocation of their firearm licence. Member Munasinghe considered that dismissing the proceeding and denying the applicant the opportunity to make oral submissions would unreasonably and unjustifiably limit the applicant’s right to a fair trial under section 31 of the Human Rights Act 2019 (Qld).

Visit the judgment: Aitchison v Queensland Police Service – Weapons Licensing [2023] QCAT 45