Sandy v Queensland Human Rights Commissioner (No 2)

The case of Sandy v Queensland Human Rights Commissioner (No 2) involved an applicant who sought judicial review of a decision by the Queensland Human Rights Commissioner not to accept a complaint under the Anti-Discrimination Act 1991 (Qld). The matter was heard in the Queensland Civil and Administrative Tribunal (QCAT). The applicant, represented by counsel, argued that the decision was beyond the power of the Commissioner and sought various forms of relief, including declarations and an order that the complaint be reconsidered. The respondent, represented by the Commissioner, opposed the application on several grounds, including the lack of utility in making declarations about a decision that was found to be invalid.

The court had to decide whether to grant declaratory relief and whether an order should be made setting aside or quashing the decision not to accept the complaint. Another key issue was whether it was appropriate to make declarations under the Human Rights Act 2019 (Qld) in respect of a decision that was found to be invalid. The court also considered whether it was appropriate to make an order directing the respondent to consider the complaint according to law. The applicant argued that such relief was necessary to ensure that the Commissioner properly exercised their powers, while the respondent contended that the decision was beyond power and did not require further judicial intervention.

In delivering its reasons, the court found that the decision not to accept the complaint was indeed beyond power. The court granted the applicant leave to file a further amended application and continued the proceeding as if it had been started as an application for review. The court declared that the relevant part of the Commissioner’s decision was invalid. Furthermore, it ordered the respondent to consider the applicant’s complaint under the Anti-Discrimination Act according to law. The court declined to make any further declarations or orders as to costs, finding that there was no utility in doing so given the invalidity of the decision.

The court’s final orders included granting the applicant leave to file a further amended application, continuing the proceeding as an application for review, declaring the decision invalid, and ordering the respondent to consider the complaint according to law. There was no order as to costs.