Date: 13 May 2022
Court/Tribunal: Queensland Civil and Administrative Tribunal
Judicial Officer/Tribunal Member: Member Browne
Human Rights Act 2019 (Qld) Sections: ss 24, 25
Rights Considered: Right to Property; Right to Privacy and Reputation
Other Legislation: Queensland Civil and Administrative Tribunal Act 2009 (Qld), ss 22, 32, 66; Transport Operations (Passenger Transport) Regulation 2018 (Qld), s 43(2)(b).
Keywords: Education, Training and Employment; Public Law Considerations; Privacy and Confidentiality.

This matter concerned an application to stay the operation of the Department of Transport and Main Roads’ decision to immediately suspend the applicant’s driver authorisation number as a result of him being charged with domestic violence offences. The Tribunal considered that the applicant’s rights may be impacted under the Human Rights Act 2019 (Qld), however, they were not satisfied that any rights such as the right to privacy (section 24) or the right to privacy and reputation (section 25) may be impacted in this matter in a way that outweighs the public interest in circumstances where serious charges have been made in a domestic violence setting and have not, to date, been finalised by a court. As such, the Tribunal refused to grant the application for the stay of the operation of the decision.

Visit the judgment: GT v Department of Transport and Main Roads [2022] QCAT 187