Director-General, Department of Justice and Attorney-General v MAP [2022] QCATA 34
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Title
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Director-General, Department of Justice and Attorney-General v MAP [2022] QCATA 34
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Date
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March 7, 2022
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Summary
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The Department of Justice and Attorney-General appealed the Tribunal’s decision ([2020] QCAT 527) on the basis that the Tribunal had applied the incorrect legal test, taken into account irrelevant considerations or failed to take into account relevant considerations, and had denied the Department the opportunity to make submissions on matters of law: at [7]. The Department submitted that the Tribunal applied the Human Rights Act 2019 (Qld) without giving the parties an opportunity to address the applicability of the legislation and relevant human rights: at [7].
The Tribunal acknowledged that the proceedings had commenced prior to the Human Rights Act 2019 (Qld) so it was inapplicable: at [25]-[27]. The Tribunal also acknowledged that there was significant weight placed on the Human Rights Act 2019 (Qld) in the first proceedings, despite it being inapplicable: at [28]-[30].
The Tribunal concluded that there was an error in the Tribunal's prior decision and allowed the appeal: at [48]. The Tribunal’s prior decision of 15 May 2020 was set aside and the matter was returned for reconsideration by a differently constituted Tribunal: at [49].
