LKZ [2023] QCAT 315

Date: 18 July 2023
Tribunal: Queensland Civil and Administrative Tribunal
Tribunal Member: Senior Member Browne, Presiding Member Dr Pinkerton
Human Rights Act 2019 (Qld) Sections: ss 13, 15, 17, 19, 25, 30
Rights Considered: Right to recognition and equality before the law; Right to freedom of movement; Right to humane treatment when deprived of liberty; Right to privacy and reputation; Right to protection from torture and cruel, inhuman and degrading treatment.
Other Legislation: Termination of Pregnancy Act 2018 (Qld); Guardianship and Administration Act 2000 (Qld)
Keywords: Health, Mental Health, Guardianship; Privacy and Confidentiality

This case concerned applications filed by Dr Graeme Walker about LKZ, a 28-year-old woman who is 10 weeks pregnant and has impaired capacity. Dr Walker seeks the Tribunal’s approval for LKZ to undergo a pregnancy termination and a medical procedure which would involve the surgical removal of ovaries and fallopian tubes. The Tribunal consented for LKZ to proceed with termination and listed the application for special health care sterilisation for a further oral hearing. In making the decision, Senior Member Browne considered that LKZ’s rights pursuant to the Human Rights Act 2019 (Qld) including the right to recognition and equality before the law (section 15), right to freedom of movement (section 19), right to humane treatment when deprived of liberty (section 30), right to privacy and reputation (section 25) and the right to protection from torture and cruel, inhuman and degrading treatment (section 17) may be engaged and limited. Overall, Senior Member Browne held that the limitations imposed on LKZ’s rights were reasonable and justified in accordance with section 13 of the Human Rights Act 2019 (Qld) and the orders made were the least restrictive based upon the information before the Tribunal.

Visit the judgment: LKZ [2023] QCAT 315