Bowie v Queensland Police Service and Ors [2022] QLC 8

Date: 11 August 2022
Court/Tribunal: Land Court of Queensland
Judicial Officer/Tribunal Member: JR McNamara
Human Rights Act 2019 (Qld) Sections: ss 28, 49, 58
Rights Considered: Cultural rights
Other Legislation: Aborigines and Torres Strait Islanders (Land Holding) Act
1985 (Qld); Land Act 1994 (Qld); Land Court Act 2000 (Qld) ss 32H, 27A; Local Government Act 2009 (Qld); Native Title Act 1993 (Cth); Torres Strait Islander Cultural Heritage Act 2003 (Qld) ss 24(1), 25(1), 26(1); Torres Strait Islander Land Act 1991 s 35(3).
Keywords: Planning and environment; Cultural rights

The Court dismissed an application for a number of orders under the Land Court Act 2000 (Qld). In doing so, the Court found that the Human Rights Act 2019 (Qld) had no bearing on the Queensland Police Service’s execution of a lawfully granted warrant of possession. The Court also considered that evicting the applicant from a house he leased on Badu Island, where the applicant was a common law native title holder of Badu Island, would not result in a denial of the applicant’s cultural rights under Human Rights Act 2019 (Qld).

This case concerned an application for a number of orders under the Land Court Act 2000 (Qld). The most pressing of these orders was an injunction to prevent the execution of a warrant of possession against a house subleased to the applicant: at [17]. The remaining three orders concerned the progress of a home ownership application, and the continuation of a social housing lease, over the same property. The applicant was a common law native title holder of Badu Island. He submitted that, were he to be evicted from the subject property, his human rights would be breached as he would be prohibited from exercising his cultural rights to maintain a connection to Badu Island as a native title holder: at [29].

The Court considered the issue of whether cultural rights, as protected under the Human Rights Act 2019 (Qld), provided for the protection or preservation or access to items, places or areas of cultural significance to Torres Strait Islanders: at [32]. It noted that Torres Strait Islander peoples must not be denied the right with other members of their community to enjoy, maintain, control, protect and develop their kinship ties: at [33]. The Court accepted the submissions made by three of the respondents that, as a public entity, the Human Rights Act 2019 (Qld) had no bearing on the Queensland Police Service’s execution of a lawfully granted warrant of possession: at [34]. Further, the Court was not convinced that the applicant’s eviction would result in a denial of cultural rights where evidence showed that he had continued to enjoy cultural rights despite long absences from Badu Island: at [35].

The Court concluded that there was sufficient reason to dismiss the application: at [49].

Visit the judgment: Bowie v Queensland Police Service and Ors [2022] QLC 8