Queensland Numbered Acts

HUMAN RIGHTS ACT 2019 - SECT 53

53 Declaration of incompatibility

(1) This section applies if—

(a) in a proceeding in the Supreme 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) a question is referred to the Supreme Court under section 49 ; or

(c) an appeal before the Court of Appeal relates to a question mentioned in paragraph (a) .

(2) The Supreme Court may, in a proceeding, make a declaration (a
"declaration of incompatibility" ) to the effect that the court is of the opinion that a statutory provision can not be interpreted in a way compatible with human rights.

(3) However, the Supreme Court can not make a declaration of incompatibility about a statutory provision if an override declaration is in force in relation to the provision.

(4) If the Supreme Court is considering making a declaration of incompatibility, the court must give notice of that fact in the approved form to the Attorney-General and the commission.

(5) The Supreme Court must not make a declaration of incompatibility unless the court is satisfied—

(a) a notice has been given to the Attorney-General and the commission under subsection (4) ; and

(b) a reasonable opportunity has been given to the Attorney-General and the commission to intervene in the proceeding or to make submissions about the proposed declaration.

(6) For the Supreme Court of Queensland Act 1991 , section 62 , a declaration of incompatibility is taken to be an order of the court in the Trial Division.