Alphabetical listing of cases

This matter concerned an application for a review of a decision from the respondent that the applicant’s case was an exceptional case and that, therefore, the applicant’s positive notice should be cancelled. The applicant was studying to be nurse and had recent drug charges.

The case concerned an application for interim orders for the appointment of a guardian and a guardian for restrictive practices. The adult was aged 49 years, resided in a Blue Care aged care facility and wished to move into a supported living home. A regional general manager for Blue Care had made the application due to concerns that VTA’s family members had impeded the preparation of a comprehensive positive behaviour support plan and that family involvement would also negatively impact any future transition into a supported living home.

The right to a fair hearing, specifically the right to have all judgments and decisions made by a court or tribunal publicly available (Human Rights Act 2019 (Qld) s 31(3)), was examined by the court. This arose because there was a possibility that confidential information would be inadvertently disclosed at the conclusion of the trial. The court found it unnecessary to examine this right in depth as the proceedings began before the commencement of the Human Rights Act 2019 (Qld), but held that there will be circumstances where justice cannot be served if everything must be done in public.

Waratah Coal Pty Ltd (Waratah) sought a mining lease and authorisation to mine thermal coal in Queensland’s Galilee Basin. This hearing concerned an application for an order to take evidence from First Nations witnesses on country. The Court balanced the cultural rights of Aboriginal and Torres Strait Islander peoples under section 28 of the Human Rights Act 2019 (Qld) against the public and private interests of minimising the inconvenience and cost of litigation. The Court held that refusing the application for on country evidence was not reasonable and demonstrably justifiable in the circumstances of the case.

The case concerned an application for a mining lease and environmental authority. The Court provided a detailed consideration of the mine’s human rights impacts through its contribution to climate change, and effect on the surrounding area. The Court ultimately concluded that the limitations to human rights imposed by the mine were unjustifiable.

The respondents presented objections to Waratah’s application for a mining lease and an environmental authority to build a coal mine in the Galilee Basin. They relied on sections of the Human Rights Act 2019 (Qld) in their objections. These objections were referred to the Land Court.

This case concerned an application for administrative review of the respondent’s decision to issue a negative blue card notice after the applicant was convicted of a serious offence within the meaning of Schedule 2 of the Working with Children (Risk Management and Screening) Act 2000 (Qld).

Westpac Bank claimed $329,034.48 from the first defendant (Mr Heslop), who was the guarantor of a debt in this amount. Mr Heslop alleged that Westpac and the second plaintiff (the Receiver) ‘breached Article 12 of the Human Rights Act’.

The Tribunal discussed the right to fair hearing within the context of an application to amend a default decision to add another party.

This case concerned an application for judicial review of a decision of the Department of Natural Resources, Mines and Energy to cancel the applicant’s certificate of competency. The application was dismissed and the Court found that section 48 of the Human Rights Act 2019 (Qld) was not engaged when interpreting sections 12, 14 or 48 of the Judicial Review Act 1991 (Qld).