The intermediate construction of s 5(2)(a) of the Human Rights Act 2019 (Qld), as developed by Victorian courts in relation to the equivalent Charter provision, applies in Queensland, such that the HR Act applies to courts and tribunals to the extent of the functions of applying or enforcing those human rights that relate to court and tribunal proceedings. The functional approach (focusing on the nature of the court's function rather than a fixed list of rights) is the preferred method for identifying which rights a court must apply. The piggyback provisions in ss 58 and 59 require an applicant to demonstrate an independent ground of unlawfulness before a claim of HR Act unlawfulness can be raised. The Momcilovic approach applies to s 48, such that ordinary rules of construction apply and remedial interpretation is not permitted. The Court left open whether s 5(2)(a) requires the Court of Disputed Returns to directly apply s 23 (right to take part in public life), noting the Court's existing function under the LGEA is at least as broad.
The full text is available to signed-in members, including the 25 later cases that cite this judgment.
3 of the 25 citing cases carry a classified treatment. How each court treated it is available to signed-in members.