Queensland Numbered Acts

HUMAN RIGHTS ACT 2019 - SECT 49

49 Referral to Supreme Court

(1) This section applies if, in a proceeding before a court or tribunal—

(a) a question of law arises that relates to the application of this Act; or

(b) a question arises in relation to the interpretation of a statutory provision in accordance with this Act.

(2) The question may be referred to the Supreme Court if—

(a) a party to the proceeding has made an application for referral; and

(b) the court or tribunal considers the question is appropriate to be decided by the Supreme Court.

(3) If a question is referred under subsection (2) , the court or tribunal referring the question must not—

(a) make a decision about the matter to which the question is relevant while the referral is pending; or

(b) proceed in a way or make a decision that is inconsistent with the Supreme Court’s decision on the question.

(4) If a question is referred under subsection (2) by the Trial Division of the Supreme Court, the referral is to be made to the Court of Appeal.

(5) Despite any other Act, if a question arises of a kind mentioned in subsection (1) , the question may only be referred to the Supreme Court under this section.