RNE [2022] QCAT 343

Date: 5 October 2022
Tribunal: Queensland Civil and Administrative Tribunal
Tribunal Member: Member Kanowski
Human Rights Act 2019 (Qld) Sections: ss 13, 25(a), 26(2)
Rights Considered: Right to privacy and reputation; Right to protection of families and children.
Other Legislation: Child Protection Act 1999 (QLD) s 189(1); Guardianship and Administration Act 2000 (QLD) ss 103, 104(1), 108(1), 109(1), 114A.
Keywords: Children and Families: Child Protection.

This matter was referred by the Childrens Court to QCAT to determine whether RNE had the capacity to understand ongoing child protection proceedings in the Children Court regarding his children, and whether a guardian should be appointed to make decisions for him in legal matters. Further tribunal-initiated applications were made relating to the protection of privacy for the children. These are the reasons for decisions made concerning the application for a confidentiality order and non-publication order.

The Tribunal recognised the right of persons not to have their privacy arbitrarily interfered with (s 25a), and that every child has the right to protection on the basis of being a child (s 26(2)): at [7].

Sections 25(a) and 26(2) of the Human Rights Act 2019 (QLD) were considered in relation to the making of a confidentiality order redacting RNE’s children’s names from publicly accessible documents. While the Tribunal found that proceedings should generally be open to the public, the circumstances did not justify the limitation of the rights pursuant to section 13 of the Human Rights Act 2019 (QLD): at [7] and [28].

The Tribunal made confidentiality orders and dismissed the application for a non-publication order.

Visit the judgment: RNE [2022] QCAT 343