What is an intervention?
A person or organisation (that is not a party to a legal proceeding) may be permitted to intervene
or join the proceeding to provide the court with a broader perspective.
The Queensland Human Rights Commission may intervene in proceedings that involve human rights issues under either the Human Rights Act 2019 (Qld) or the Anti-Discrimination Act 1991 (Qld).
For detailed information, see the QHRC Guideline: Intervention in court proceedings.(PDF, 208 KB)
Human Rights Act interventions
Under the Human Rights Act, the Commission may intervene in a court proceeding in which:
- a question of law arises that relates to applying the Human Rights Act or
- a question arises that relates to interpreting a provision of an Act in accordance with the Human Rights Act or
- the Supreme Court has given notice to the Commission that it is considering making a declaration of incompatibility, which means the court is of the opinion that a provision in an Act cannot be interpreted in a way that is compatible with human rights.
A party to a proceeding in the Supreme Court, District Court, Land Court, or Land Appeal Court must give notice to the Commission and the Attorney-General if the proceeding raises an issue under the Human Rights Act.
The Attorney-General (through Crown Law) may also intervene in court proceedings under the Human Rights Act.
Anti-Discrimination Act interventions
Under the Anti-Discrimination Act, the Commission has a function to intervene in a proceeding that involves human rights issues, where it considers it appropriate to do so.
The Commission can only intervene under the Anti-Discrimination Act if the court gives leave (permission).
Commission’s role in interventions
The Commission intervenes as an independent, expert advocate for the Human Rights Act and Anti-Discrimination Act, not to support a particular party.
The Commission’s role is to assist the court or tribunal by:
- identifying and explaining human rights issues
- identifying relevant domestic and international law and cases
- recommending outcomes compatible with human rights, where appropriate.
If the Commission intervenes, it becomes a party to the proceeding.
When does the Commission intervene
The Commission intervenes in only a small number of court proceedings that raise human rights issues. Broadly, the Commission may intervene in matters that are likely to:
- develop the body of Queensland judicial decisions on human rights
- foster discussion of the meaning and scope of rights
- address serious human rights issues.
The Commission is unlikely to intervene in matters where:
- the human rights issues raised have already been settled, or will soon be clarified, by other court decisions
- the human rights issues raised are not central to the issues in dispute and/or are not likely to be dealt with by the court
- the Commission would not be adding value to submissions on human rights issues made by the parties to the proceeding or by the Attorney-General
- the Commission does not have the resources to intervene in the required timeframes.
More information on court interventions
- QHRC Guideline: Intervention in court proceedings (PDF, 208 KB)
- Intervened cases page
- Human Rights Act Intervention Guidelines - Crown Law
- Supreme Court of Queensland: Practice directions
(See Practice Direction 2019/27 – Questions referred by a court or tribunal pursuant to the Human Rights Act) - Supreme Court of Queensland: Forms
(See Form 1 - Notice to the Attorney-General and/or the Queensland Human Rights Commission under the Human Rights Act 2019)