Date: 10 May 2022
Tribunal: Queensland Civil and Administrative Tribunal
Tribunal Member: Member Cranwell
Human Rights Act 2019 (Qld) Sections: ss 25, 48
Rights Considered: Right to privacy and reputation
Other Legislation: Acts Interpretation Act 1954 (Qld) s 38; Building and Construction Industry Payments Act 2004 (Qld); Information Privacy Act 2009 (Qld) ss 3, 168, 175, 176, 198; Queensland Civil and Administratigve Tribunal Act 2009 (Qld) ss 34, 41, 66; Valuers Registration Act 1992 (Qld) s 52
Keywords: Civil Procedure

The Tribunal was required to determine whether the time limit provided by s 38(4) of the Acts Interpretation Act 1954 (Qld) (‘as soon as possible’) applies as the time limit for a complainant to request the Office of the Information Commissioner to refer their privacy complaint to the Tribunal. It was concluded that s 38(4) does apply and that the imposition of this time limit is compatible with the right to privacy (s 25 Human Rights Act 2019 (Qld)). In this reasoning, the Tribunal had regard to s 48 of the Human Rights Act 2019 (Qld) which provides that all statutory provisions must be interpreted in a way that is compatible with human rights to the extent that it is consistent with their purpose.

Visit the judegement:  Saunders v Department of Housing and Public Works [2022] QCAT 159