Knuth v Queensland Building and Construction Commission [2022] QCAT 172

Date: 9 May 2022
Court/Tribunal: Queensland Civil and Administrative Tribunal
Judicial Officer/Tribunal Member: Member Deane
Human Rights Act 2019 (Qld) Sections: ss 31, 48, 108.
Rights Considered: Right to a fair hearing
Other Legislation: Queensland Building and Construction Commission Act 1991 (Qld) ss 86, 86A, 86B, 86C, 86D, 86E, 86F, 87; Queensland Civil and Administrative Tribunal Act 2009 (Qld) ss 3, 4, 6, 9, 17, 18, 19, 64, 164
Keywords: Civil Procedure

The case concerned an application for leave to file an amended application for review of various administrative decisions under the Queensland Building and Construction Commission Act 1991 (Qld). The Tribunal considered that the Human Rights Act 2019 (Qld) did not apply as it does not affect proceedings commenced before 1 January 2020. The Tribunal considered that, even if it did apply, statutory provisions had been interpreted in a way compatible with human rights. The Tribunal further noted that the application potentially impacted the applicant’s right to a fair hearing and considered this right in coming to a decision by considering submissions filed by each party: at [74].

Visit the judgment: Knuth v Queensland Building and Construction Commission [2022] QCAT 172