Lawler v Queensland Police Service [2022] QCAT 309

Date: 11 Aug 2022
Court/Tribunal: Queensland Civil and Administrative Tribunal
Judicial Officer/Tribunal Member: Member Ann Fitzpatrick
Human Rights Act 2019 (Qld) Sections: s 13, 15, 24, 58
Rights Considered: Rights to recognition and equality before the law; property rights.
Other Legislation: Queensland Civil and Administrative Tribunal Act 2009 (Qld) s 19, 20, 24; Weapons Act 1990 (Qld) s 3, 4, 10, 10B, 142(2)
Keywords: Criminal Law and Corrective Services

The matter concerned an application for a review of the decision from the respondent refusing to renew the applicant’s firearm licence. There were no submissions made from the parties in relation to human rights. Nevertheless, the tribunal was bound to apply the Human Rights Act 2019 (Qld). The tribunal balanced the applicant’s recognition and equality before the law and property rights against the public and individual safety and found that the public interest in safety outweighs the private interest of the applicant. The tribunal considered that any limitation on applicant’s human right was reasonable and justified under Human Rights Act 2019 (Qld) but did not engage in any further substantive discussion.

Visit the judgment: Lawler v Queensland Police Service [2022] QCAT 309