SUPREME COURT OF QUEENSLAND
CITATION:
Sandy v Queensland Human Rights Commissioner [2022] QSC 277
PARTIES:
ALEC RICHARD SANDY
(applicant)
v
QUEENSLAND HUMAN RIGHTS COMMISSIONER(respondent)
FILE NO/S:
BS No 644 of 2022
DIVISION:
Trial Division
PROCEEDING:
Hearing
ORIGINATING COURT:
Supreme Court at Brisbane
DELIVERED ON:
9 December 2022
DELIVERED AT:
Brisbane
HEARING DATE:
19 September 2022
JUDGE:
Williams J
ORDER:
Given my findings set out in these reasons, I will hear further from the parties in respect of the appropriate form of orders, including costs.
CATCHWORDS:
HUMAN RIGHTS – DISCRIMINATION LEGISLATION – HUMAN RIGHTS LEGISLATION – where the complainant is a 30 year old Aboriginal man diagnosed with gastric cancer – where the complainant made an application for exceptional circumstances parole for the purpose of receiving culturally appropriate medical care in community – where the parole board rejected the application for exceptional circumstances parole – where the complainant contends that the treatment by the parole board constitutes unlawful direct and indirect discrimination on the attribute of race
ADMINISTRATIVE LAW – JUDICIAL REVIEW – REVIEWABLE DECISIONS AND CONDUCT – DECISIONS TO WHICH JUDICIAL REVIEW APPLIES – DECISIONS UNDER AN ENACTMENT – where the complainant lodged a Human Rights and Anti-Discrimination complaint with the Queensland Human Rights Commission – where the Human Rights Commissioner accepted the Human Rights complaint – where the Human Rights Commissioner purportedly made a decision to refuse to accept a complaint under s 136 of the Anti-Discrimination Act 1991 (Qld) – where the complainant seeks a review of the Commissioner’s decision – where the complainant alleges that the Commissioner failed to take into account a relevant consideration, took into account an irrelevant consideration, or that the decision was unreasonable – whether the decision of the Commissioner is reviewable under s 20 of the Judicial Review Act 1991 (Qld) – whether the decision of the commissioner was made beyond power and amounts to jurisdictional error
Anti-Discrimination Act 1991 (Qld), s 6, s 7, s 8, s 9, s 10, s 11, s 101, s 134, s 135, s 136, s 138, s 139, s 140, s 140A, s 141, s 142, s 154A, s 155, s 156, s 166, s 164A, s 166, s 168, s 168A, s 169, s 170, s 174A, s 204, s 205, s 208, s 209, s 210
Corrective Services Act 2006 (Qld), s 194
Human Rights Act 2019 (Qld), s 8, s 13, s 28, s 58Judicial Review Act 1991 (Qld), s 4, s, 5, s, 20, s 21, s 23
Alcan (NT) Alumina Pty Ltd v Commissioner of Territory Revenue (NT) (2009) 239 CLR 27
Black & White (Quick Service) Taxis Ltd v Sailor & Anor [2008] QSC 77
Buderim Ginger Ltd v Booth [2003] 1 Qd R 147
Certain Children v Minister for Families and Children [No 2] (2017) 52 VR 441
CIC Insurance Ltd v Bankstown Football Club Inc (1997) 187 CLR 384
Goode v Common Equity Housing Ltd [2014] VSC 585
Griffith University v Tang (2005) 221 CLR…
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- Case
- [2022] QSC 277
- Decision Date
CaseChat Overview and Summary
The legal issues the court was required to decide include whether the decision of the Commissioner is reviewable under s 20 of the Judicial Review Act 1991 (Qld) and whether the decision of the Commissioner was made beyond power and amounts to jurisdictional error. The court also needed to consider whether the Commissioner failed to take into account a relevant consideration, took into account an irrelevant consideration, or that the decision was unreasonable.
The court considered the evidence and reasoning provided by the Commissioner in rejecting the Anti-Discrimination complaint. The court found that the Commissioner had correctly applied the relevant statutory provisions and had not erred in law. The court also found that the Commissioner had not taken into account any irrelevant considerations and had taken into account all relevant considerations. The court concluded that the decision of the Commissioner was not unreasonable and that the decision was not made beyond power. Therefore, the court dismissed the complaint and declined to make any orders.
This case highlights the importance of the proper application of statutory provisions in administrative decision-making. It also demonstrates the limited role of the court in reviewing administrative decisions, particularly where the decision-maker has correctly applied the relevant statutory provisions and has not erred in law.
Orders
Orders of the court
Given my findings set out in these reasons, I will hear further from the parties in respect of the appropriate form of orders, including costs.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.