Owen-D'Arcy v Chief Executive, Queensland Corrective Services [2021] QSC 273
(22 October 2021)
- Court / Tribunal
Supreme Court
- Date of decision
22 October 2021
- Type of proceeding
Judicial Review
- Human Rights Act sections
8 (meaning of compatible with human rights)
13 (human rights may be limited);
58 (conduct of public entities);
17 (protection from torture and cruel, inhuman and degrading treatment);
29 (liberty and security of person);
30 (humane treatment while deprived of liberty).
Summary
A prisoner applied for judicial review of two related decisions to continue his separation from others, after being held in solitary confinement since 2013. The prisoner ‘piggy-backed’ alleged breaches of the respondent’s obligations under the Human Rights Act 2019 (HR Act). The HR Act proved central to the proceedings, as the only successful grounds for the applicant involved human rights.
The court found the right to humane treatment was limited by the decision and the respondents did not discharge the onus of demonstrating that limitation was reasonable. The decision also set out the requirements for a public entity to give ‘proper consideration’ to human rights when making decisions. As the public entity contravened its obligations under the HR Act, the court concluded the decisions were unlawful.