Queensland Law Society has been advised that there have been matters where questions relating to the application and interpretation of the Human Rights Act 2019 (Qld) (the Act) have been raised in the course of proceedings and judgments, without the requisite notice being provided to the Attorney-General and/or Queensland Human Rights Commission as required under section 52 of the Act.
The provision of the Act commenced in full on 1 January 2020. Section 52 of the Act deals with the notice requirement to the Attorney-General and commission. Section 52(1) mandates that:
(1) A party to a proceeding must give notice in the approved form to the Attorney-General and the commission if—
(a) for a proceeding in the Supreme Court or District Court—a question of law arises that relates to the application of this Act or a question arises in relation to the interpretation of a statutory provision in accordance with this Act; or
(b) for any proceeding—a question is referred to the Supreme Court under section 49.
Members can access the approved form (Form 1 – Notice to the Attorney-General and/or the Queensland Human Rights Commission under Human Rights Act) on the Queensland Courts website.
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