SE & ME v State of Queensland

The applicants, SE and ME, sought an appeal against the State of Queensland, challenging the outcome of a decision made by the Appeals Tribunal. The applicants argued that the Tribunal had denied them natural justice during their hearing and that they were discriminated against in relation to obtaining new driver’s licences due to their religious beliefs. The applicants argued that they were not given adequate time to prepare for the hearing and were denied the opportunity to have their religious beliefs considered by the Tribunal. The applicants also argued that they were required to obtain new driver’s licences after changing their names, and were refused a photograph for their licences due to their religion not allowing them to pose for photographs. The applicants claimed that this requirement was discriminatory and unreasonable.

The legal issues before the court were whether the Tribunal’s conduct of the matter was a denial of natural justice and whether the Department treated the applicants less favourably than a person who did not have their religious belief. The court had to determine whether the applicants were given adequate time to prepare for the hearing and whether they were able to have their religious beliefs considered by the Tribunal. The court also had to consider whether the requirement to have a photograph on a Queensland driver’s licence was reasonable in all the circumstances.

The court found that the Tribunal’s conduct of the matter did not amount to a denial of natural justice. The applicants were given notice of the hearing and were given the opportunity to make submissions. The court found that the Tribunal’s cross-examination was not lengthy, irrelevant or intrusive. The court also found that the applicants had sufficient time to prepare for the hearing and that they were able to have their religious beliefs considered by the Tribunal. In relation to the requirement for a photograph on a driver’s licence, the court found that the requirement was reasonable in all the circumstances.

The appeal is dismissed, and the non-publication order made by the Appeals Tribunal on 11 April 2013 shall remain in force.