DHG v State of Queensland (represented by the Department of Justice and Attorney-General)

The applicant in this case pleaded guilty to an offence under the Workplace Health and Safety Act 1995 (Qld) before an Industrial Magistrate, who ordered that no conviction be recorded. The respondent, the State of Queensland, published on its website details of the applicant’s plea and sentence. The applicant sought a declaration and orders requiring the removal of the information from the respondent’s website on the basis that it breached s 12(3)(b) of the Act. The court was required to determine whether the web pages on the respondent’s website were records of the conviction within the meaning of s 12(3)(b), and whether s 12(3A) of the Act permitted the respondent to keep such records.

The court considered the relevant statutory provisions and the nature of the information published on the website. It concluded that the web pages did not constitute records of the conviction within the meaning of s 12(3)(b) of the Act. The court found that the term "record" in the Act referred to a physical or electronic document that contained specific information about the conviction. The web pages, while containing details of the applicant’s plea and sentence, were not documents that contained such information in the same way as a physical or electronic document would. The court also considered s 12(3A) of the Act, which permitted the department to keep records of convictions, and found that the web pages were not excused by this section.

In light of the court's findings, it granted the applicant’s application for a declaration and orders requiring the removal of the information from the respondent’s website. The court also directed that the parties prepare minutes of orders in accordance with these reasons and that it would hear the parties as to costs. The court emphasised the importance of ensuring that the provisions of the Act were not circumvented by the use of modern technology, and that the rights of individuals to avoid a record of conviction were protected.