Kremastos v Councillor Conduct Tribunal & Anor [2022] QCAT 319

Date: 15 August 2022
Court/Tribunal: Queensland Civil and Administrative Tribunal
Tribunal Member: Member Deane
Human Rights Act 2019 (Qld) Sections: s 25
Rights Considered: Right to privacy and reputation
Other Legislation: Local Government Act 2009 (Qld) ss 150O, 150P, 150R, 150T, 150W, 150AI, 150AJ, 150AL, 150AM, 150AN, 150AO, 150AP, 150AQ, 150AR, 150AS, 150AT; Queensland Civil and Administrative Tribunal Act 2009 (Qld) ss 3, 17, 18, 19, 20, 21, 24, 28, 40, 41, 42, 62, 95.
Keywords: Civil Procedure.

The case concerned an application by non-parties requesting an order to be added as parties and an order that material provided by them be considered in a review of a decision of the Councillor Conduct Tribunal that substantiated a finding of misconduct against a former councillor. The non-parties contended that the decision had made extensive references to them and ‘had direct legal implications’ for them, but they had not been given an opportunity to be heard, and that their human rights in relation to privacy and reputation under section 25 of the Human Rights Act 2019 (Qld) had been breached. The Tribunal considered that it was not a proceeding against the Councillor Conduct Tribunal for a breach of human rights, and found that the non-party should not be joined as parties to the proceeding or be given leave to intervene.

Visit the judgment: Kremastos v Councillor Conduct Tribunal & Anor [2022] QCAT 319