Matthews v. Commissioner Queensland Police Service

In the Supreme Court of Queensland, the case of Matthews v. Commissioner Queensland Police Service was heard by McMurdo J. The applicant, Russell Gordon Haig Matthews, filed an originating application against the Commissioner of the Queensland Police Service, alleging discrimination under the Disability Discrimination Act 1992 (Cth) due to his disability, which stems from a brain injury. Matthews claims that his disability necessitates the presence of his two dogs, which he relies on for companionship and to alleviate feelings of isolation. He argues that he faces discrimination when denied access to certain public spaces, such as libraries and public transport, because of his dogs. Matthews sought a declaration affirming his right to access these spaces with his dogs and an injunction to prevent their removal by the police.

The court needed to determine whether Matthews could establish unlawful discrimination under the Disability Discrimination Act, which would warrant the granting of declaratory and injunctive relief. Additionally, the court had to assess if the Supreme Court was the appropriate forum for such a complaint and if the necessary factual findings could be made in this proceeding. The Commissioner argued that the Human Rights and Equal Opportunity Commission was the proper body to address such discrimination claims. The court concluded that the application was not suitable for final relief via a summary hearing due to the absence of relevant parties and the complexity of the factual issues involved.

The court dismissed the application on the grounds that it was not the appropriate forum for the complaint, and the necessary factual findings could not be properly made in the current proceeding. Additionally, the court found no basis for the applicant's request for a declaration of a fiduciary duty owed by the Commissioner of Police. Consequently, the originating application filed on 27 April 2005 was dismissed without any order as to costs.