ACF v Chief Executive – Department of Education [2025] QCAT 443
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Title
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ACF v Chief Executive – Department of Education [2025] QCAT 443
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Date
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November 10, 2025
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Summary
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The applicant (ACF) had been issued a direction prohibiting him from entering the premises of a state primary school for one year because of his behaviour.
ACF relied on his right to freedom of expression under section 21 of the Human Rights Act 2019 (Qld) and his right to take part in public life under section 23 in seeking a review of the decision, to which he claimed to be ‘excessive’. In particular, he argued that the one year ban did not meet the proportionality test under the Human Rights Act 2019 (Qld): at [53]-[54].
The Tribunal affirmed the respondent’s decision. Though it acknowledged that the applicant was entitled to his right to freedom of expression, it held that this right did not extend to the conduct in question here.
Whilst ACF was afforded the benefit of the rights under the Human Rights Act 2019 (Qld), which the Tribunal was bound to consider, there was a competing right that could not be overlooked: at [59]. Section 26(2) of the Human Rights Act 2019 (Qld), affords every child without discrimination, the protection, that is needed by the child, and is in the child’s best interests, because of being a child. Thus, any decision for the purposes of s 341 of the Education (General Provisions) Act 2006 (Qld) ('EGP Act') which could be said to infringe ACF’s rights would be compatible with the Human Rights Act 2019 (Qld), for the reasons outlined under section 13 of the Act: at [59]. By application of the EGP Act in conjunction with the HR Act in making the correct and preferable decision, such rights must 'yield to the rights of a child and so be limited’: at [60]. Member Taylor ended the review by noting that no less restrictive options were appropriate in the circumstances.
