Carne v Crime and Corruption Commission [2021] QSC 228
Date: 10 September 2021
Court/Tribunal: Supreme Court at Brisbane
Judicial Officer/Tribunal Member: Davis J
Human Rights Act 2019 (Qld) Sections: N/A
Rights Considered: N/A
Other Legislation: Acts Interpretation Act 1954, s 14A, s 14B; Constitution Act 1867 (Qld), s 40A; Constitution of Queensland Act 2001, s 8; Crime and Corruption Act 2001, s 4, s 5, s 7, s 9, s 10, s 12, s 15, s 22, s 33, s 34, s 35, s 45, s 46, s 46A, s 49, s 64, s 65, s 66, s 69, s 176, s 177, s 220, s 223, s 291, s 292, s 332, s 334; Crime Commission Act 1997 (repealed); Criminal Code, s 408C; Criminal Justice Act 1989 (repealed), s 2.14; Crime and Misconduct Bill 2001; Judicial Review Act 1991; Parliament of Queensland Act 2001, s 8, s 9, s 55 Parliamentary Papers Act 1840 (UK); Parliamentary Papers Act 1908 (Cth); Parliamentary Papers Act 1992 (repealed), s 3, s 9, s 13 Parliamentary Privileges Act 1987 (Cth), s 15, s 16 Public Interest Disclosure Act 2010, s 3, s 11; Public Trustee Act 1978, s 7, s 8, s 9
Keywords: Health, Mental Health, Guardianship
Human Rights Act 2019 (Qld) was raised by the CCC in a draft investigative report to the applicant’s lawyers.
The applicant was the Public Trustee of Queensland. He is mentioned in a report prepared by the Crime and Corruption Commission (“CCC”) into alleged corrupt conduct by him. The CCC forwarded the report to the Parliamentary Crime and Corruption Committee (“PCCC”) to be given to the speaker of the Legislative Assembly. The report may then be published pursuant to the Crime and Corruption Act 2001.
The Human Rights Act 2019 (Qld) was raised in communication by the Crime and Corruption Commission to Gilshenan & Luton, solicitors for the applicant. The CCC acknowledged their duty to act in accordance with the Act.
Visit the judgment: Carne v Crime and Corruption Commission [2021] QSC 228