ADI v EGI [2020] QDC 13
Item
-
Title
-
ADI v EGI [2020] QDC 13
-
Date
-
February 21, 2020
-
Summary
-
The provisions of the Human Rights Act 2019 (Qld) were cited by a self-represented applicant arguing for a stay of the decision of the Magistrates Court to dismiss her application to vary a protection order. The court gave limited consideration to the interpretation provisions of the Human Rights Act 2019 (Qld), and did not elaborate on the applicant’s arguments.
This case concerned an application for a stay of the decision of the Magistrates Court to dismiss an application brought by the appellant to vary a protection order. The self-represented appellant raised ss 17 (protection from torture and cruel, inhuman or degrading treatment), 26 (protection of families and children) and 31 (right to a fair hearing) of the Human Rights Act 2019 (Qld) in her submissions to the court.
In making his decision to refuse the application for a stay, Smith DCJA held that he needed to have regard to the relevant provisions of the Human Rights Act 2019 (Qld): at [8]. His Honour stated that he had ‘regard to s 48 of the Human Rights Act 2019 (Qld)’ (the interpretation provision) but did not elaborate further or discuss the above submissions made by the appellant: at [43].
