What is happening?
Queensland’s Human Rights Act 2019 is being considered at the High Court of Australia for the first time.
The Commission will continue its intervention in the Smith v Chief Executive, Queensland Corrective Services & Ors case which is now before the highest court for consideration in September.
The High Court only allows appeals in a limited number of cases which it considers to be of particular importance.
Case background
The case is related to whether a prisoner is allowed to freeze her eggs (at her own expense) whilst in prison.
The applicant is challenging a Queensland Corrective Services (QCS) decision to refuse her request – and the decisions of subsequent courts upholding QCS’ refusal based on their interpretation of the relevant laws preventing prisoner access to ‘assisted reproductive technology’.
The Commission first intervened at the appeal stage when the court considered whether the Supreme Court was wrong to decide that egg freezing is ‘assisted reproductive technology’ under the Corrective Services Act 2006, when read together with section 48 (the interpretative provision) of the Human Rights Act 2019.
Ultimately, this case will provide an opportunity to better understand how section 48 interacts with other rules of legal interpretation and which rights are relevant to restrictions on prisoners accessing private health services.
The Commission will contribute to the case by providing submissions on how laws should be interpreted in light of human rights and the scope and application of the human rights principles relevant to the case.
More information on interventions is available below on our website: