Smith v. Chief Executive, Queensland Corrective Services & Ors
Lower Court Judgment
29/05/2026 Supreme Court of Queensland (Court of Appeal) (Mullins P, Brown and Bradley JJA)
Catchwords
Statutory interpretation – Human Rights – s 22 of the Corrective Services Act 2006 (Qld) – where the appellant is a prisoner who will be 39 years old if released at the date fixed for her eligibility for parole and 41 years old at the end of her sentence – where the appellant applied to undergo a process of egg extraction and freezing under s 22 – meaning of assisted reproductive technology – whether egg extraction and freezing is participating in assisted reproductive technology under s 22 – whether the Court of Appeal should have considered the Human Rights Act 2019 (Qld) at the outset of interpreting s 22 – whether the Court of Appeal’s interpretation of s 22 should be compatible with human rights pursuant to s 8 of the Human Rights Act 2019 (Qld)
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| 06/08/2026 | Determination |
| 12/08/2026 | Notice of appeal |
| 19/08/2026 |
Written submissions (Appellant)
(727 KB)
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| 19/08/2026 |
Chronology (Appellant)
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| 31/08/2026 |
Written submissions (First Respondent)
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| 31/08/2026 |
Written submissions (Second Respondent)
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| 31/08/2026 |
Written submissions (Third Respondent)
(570.77 KB)
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| 07/09/2026 |
Reply (Appellant)
(513.11 KB)
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| 17/09/2026 | Hearing [2026] HCATrans 051 (Full Court, Canberra) |
| 17/09/2026 |
Outline of oral argument (Appellant)
(405.31 KB)
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| 17/09/2026 |
Outline of oral argument (First Respondent)
(347.96 KB)
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| 17/09/2026 |
Outline of oral argument (Second Respondent)
(405.1 KB)
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| 17/09/2026 |
Outline of oral argument (Third Respondent)
(361.7 KB)
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| 14/10/2026 | Judgment (Judgment Summary) |