Morton v Queensland Police Service

The case of Morton v Queensland Police Service involved the Appellant, a non-indigenous person, challenging the validity of Queensland legislation that prohibited the possession of more than a prescribed quantity of liquor in a public place in a restricted area, specifically Palm Island. The Appellant argued that the legislation was inconsistent with Commonwealth laws and the Racial Discrimination Act 1975, and thus invalid. The Respondent, the Queensland Police Service, defended the legislation on the basis that it was a special measure under the Racial Discrimination Act and was necessary to address alcohol-related issues on Palm Island.

The legal issues before the court included whether the Queensland legislation was inconsistent with Commonwealth legislation, whether it should be struck down under the Racial Discrimination Act, and whether the costs associated with the appeal were appropriate. The court needed to determine whether the legislation was a special measure under the Racial Discrimination Act and whether it was necessary and appropriate to achieve its aim of reducing alcohol-related harm.

The court found that the Queensland legislation was not inconsistent with Commonwealth laws and was a special measure under the Racial Discrimination Act. The court also found that the legislation was necessary and appropriate to achieve its aim of reducing alcohol-related harm in the restricted area of Palm Island. The court dismissed the appeal and ordered the Respondent to pay the Appellant’s costs in respect of the preparation of an affidavit of evidence, on an indemnity basis. The Appellant was ordered to pay the costs of the Respondent of and incidental to the appeal, except for the matter referred to in Order 2. The parties were granted liberty to apply for an assessment of the costs if they could not agree on the amount.