Queensland Numbered Acts

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HUMAN RIGHTS ACT 2019 - SECT 59

Legal proceedings

59 Legal proceedings

(1) Subsection (2) applies if a person may seek any relief or remedy in relation to an act or decision of a public entity on the ground that the act or decision was, other than because of section 58 , unlawful.
(2) The person may seek the relief or remedy mentioned in subsection (1) on the ground of unlawfulness arising under section 58 , even if the person may not be successful in obtaining the relief or remedy on the ground mentioned in subsection (1) .
(3) However, the person is not entitled to be awarded damages on the ground of unlawfulness arising under section 58 .
(4) This section does not affect a right a person has, other than under this Act, to seek any relief or remedy in relation to an act or decision of a public entity, including—
(a) a right to seek judicial review under the Judicial Review Act 1991 or the Uniform Civil Procedure Rules 1999 ; and
(b) a right to seek a declaration of unlawfulness and associated relief including an injunction, a stay of proceedings or an exclusion of evidence.
(5) A person may seek relief or remedy on a ground of unlawfulness arising under section 58 only under this section.
(6) Nothing in this section affects a right a person may have to damages apart from the operation of this section.



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