Woolston v Commissioner of Police [2022] QDC 70

Date: 1 April 2022
Court: District Court of Queensland
Judicial Officer: Loury QC DCJ
Human Rights Act 2019 (Qld) Sections: s 37
Rights Considered: Right to health services
Other Legislation: Transport Operations (Road Use Management) Act 1995 (Qld) ss 80, 86, 91I, 91M, 91N, 239; Police Powers and Responsibilities Act 2000 (Qld) s 60; Human Rights Act 2019 (Qld) ss 3, 37
Keywords: Criminal Law and Corrective Services

The Appellant appealed against two convictions for failing to provide a specimen of breath as required by police, and contended that the Magistrate who handed down the convictions had erred with respect to consideration of section 37 of the Human Rights Act 2019 (Qld), which concerned the right to health services.

This case related to an appeal by a self-represented Appellant against two convictions for failing to provide specimens under the Transport Operations (Road Use Management) Act 1995 (Qld). The Appellant contended that the police obstructed themselves from taking a blood specimen from her in circumstances where she refused to supply a sample of breath, which resulted in conduct by the police that was inconsistent with her right to health services (section 37) pursuant to the Human Rights Act 2019 (Qld). Loury QC DCJ dismissed the appeal and reasoned that the right to health protects ‘a right to access health services without discrimination and a right to not be refused emergency medical treatment that is immediately necessary to save the person’s life or to prevent serious impairment to the person’: at [59]. The Appellant’s right to health had not been obstructed in the course of the police conduct, which led Loury QC DCJ to conclude there was ‘nothing in this ground of appeal’: at [60].

Visit the judgment: Woolston v Commissioner of Police [2022] QDC 70