A human rights matter that has been ongoing since 2019 has been resolved, with the Queensland Civil and Administrative Tribunal (QCAT) finding on 19 August 2025 that Brisbane City Council unlawfully discriminated against an activist group, known as “Extinction Rebellion” (XR).
Background
On 15 October 2019, Council resolved to ban organisations from booking library rooms as they were “not suitable for organisations that advocate or incite illegal activities”. The Council identified XR specifically as an organisation that would be banned.
The motion came after protest activity across Brisbane was promoted by XR.
On October 16, 2019, Council sent an email to a member of XR stating it is no longer accepting bookings for the group.
The basis of the complaint
Local Governments must make decisions in a way that is compatible with the Human Rights Act 2019.
An XR member made a complaint to QCAT alleging that Council had discriminated against her based on political belief or activity.
She said that the rooms were not being used to plan unlawful activity, but rather to hold informational sessions about climate change.
It was ultimately found that Council had unlawfully discriminated against XR and derogated their human rights.
QCAT’s consideration of the facts
QCAT considered the application of:
- the Human Rights Act, including the human right that every person has a right of peaceful assembly;
- the Peaceful Assembly Act 1992, which allows people to hold peaceful public assemblies in Queensland, and also prevents people from being prosecuted for obstructing a public place (including traffic management laws) provided the assembly is authorised and peaceful;
- the Anti-Discrimination Act 1991, which prohibits discrimination based on political belief or activity.
In defending its position to exclude XR from public spaces such as libraries, Council needed to demonstrate that XR carried on and promoted unlawful acts.
QCAT was not persuaded that XR did so. The Tribunal accepted that protests that shut down bridges and roadways in Brisbane were authorised under the Peaceful Assembly Act. The Tribunal also found that while the activities of some XR participants during protests led to arrests, that could not reasonably lead to the conclusion that the group itself promoted or organised unlawful activities.
The Tribunal decided that the Applicants had been discriminated against on the basis of political activity, and Council was ordered to lift the ban and give notice on a number of XR Facebook groups that members were allowed to book rooms again.
Takeaways
QCAT’s decision in Le Roy goes to the heart of how local government policy-making and policy implementation must have regard to the provisions of the Human Rights Act.
The decision also shows the willingness of Courts to set aside Council policy decision-making, where it forms the view that the decision is incompatible with the Human Rights Act.
Preston Law assists Councils across Queensland to develop human rights policies and carry out reviews to ensure that policy documents are consistent with the Human Rights Act. If you have any queries about this blog or human rights law generally, please contact our team.