› Referral to Court of Appeal under s 49 Human Rights Act 2019 (Qld) — preconditions
Human rights
› Human Rights Act 2019 (Qld)
› Section 49 referral — question must relate to application or interpretation of the Act
Constitutional law
› Chapter III courts
› Jurisdiction of state tribunals — question not determined
Quick Take
1A referral to the Court of Appeal under s 49 of the Human Rights Act 2019 (Qld) requires that the question of law relate to the application or interpretation of that Act; questions concerning constitutional validity of tribunal jurisdiction or federal jurisdiction under Chapter III of the Constitution do not engage s 49.
2Relief in the nature of certiorari under s 41(2) of the Judicial Review Act 1991 (Qld) is discretionary and may be refused where there is no utility in making the orders sought, including where the applicant has already obtained the substantive benefit of the claim through other means.
