Supplementary Submission to Review of Human Rights Act

We refer to our submission dated 21 June 2024.

We acknowledge that the time for the making of submissions has passed. However, we ask for the opportunity to make this late submission in relation to an important point which was not covered in our original submission.

This point relates to the effect of the decision of the Queensland Court of Appeal in Hunt v Chief Health Officer [2022] QCA 263, which found that the directions of the Chief Health Officer in relation to covid were legislative in nature and therefore not covered by section 58 of the Human Rights Act.

It is our submission, the enquiry ought to recommend an amendment to that section to make it clear that any direction, order or similar rule making instrument which is not laid before the Parliament or subject to disallowance by the Parliament is covered by that provision.

The structure of the Act is intended to preserve Parliamentary sovereignty. However, it is our view that the application of the Act to any order or direction or similar exercise of rulemaking power by the executive which is not approved of or in some way subject to parliamentary scrutiny, does not infringe on parliamentary sovereignty. It is our submission, that the inability of individuals to challenge decisions of the Chief Health Officer to issue directions during the pandemic exposed a gaping hole in the Act, which needs to be closed if it is to be effective.