NKG & JQ [2023] QCAT 190

Date: 8 May 2023
Court/Tribunal: Queensland Civil and Administrative Tribunal
Judicial Officer/Tribunal Member: Senior Member Browne
Human Rights Act 2019 (Qld) Sections: ss 11, 13, 15, 19, 21, 25 and 48.
Rights Considered: Right to recognition and equality before the law; Freedom of movement; Right to freedom of expression; Right to privacy and reputation.
Other Legislation: Guardianship and Administration Act 2000 (Qld) ss 5, 6, 11B, 12, 81, 105 and 114A.
Keywords: Health, Mental Health, Guardianship; Privacy and Confidentiality.

This matter concerned an application by a journalist for the Australian Broadcasting Corporation to seek orders authorising the publication of information about guardianship proceedings in a way that identified the person to whom the application and orders were about. In deciding that the applicant would be authorised to publish information about the guardianship proceedings in a way that identified the relevant parties, the Tribunal considered the relevant parties’ desire to participate in future broadcast. The Tribunal balanced their fundamental freedom of making decisions regardless of their capacity and right to make their own decision about whether to disclose their identity, against the right to adequate and appropriate support for decision making. The Tribunal also raised their rights recognition as a person before the law entitled to equality (section 15), protection without discrimination, freedom of movement (section 19) and privacy (section 25) pursuant to the Human Rights Act 2019 (Qld) among others but did not engage in further substantive discussions.

Visit the judgement: NKG & JQ [2023] QCAT 190