Public Law Considerations

The case concerned an application for review of a yellow card negative notice. The Department identified that the rights to protection from torture, cruel, inhuman or degrading treatment (section 17) and freedom from work (section 18), so far as they related to vulnerable people, are already incorporated into the Disability Services Act 2006 (Qld), and the application of the Human Rights Act 2019 (Qld) supports but does not extend the paramount consideration.

The case concerned an appeal against a failed application for an exemption pertaining to mandatory COVID-19 vaccination and mask requirements for police officers.

Ms Colebourne was an employee Queensland Police Service. She refused to be vaccinated. Her employment was suspended without remuneration. She challenged this on various grounds including that the decision was to punish her, which was an improper purpose under statute: at [34]. Her evidence for this was an admission by Acting Assistant Commissioner Nelson that the decision limited various of her rights: at [80].

The case concerned an appeal against a suspension without remuneration decision that involved the Appellant’s refusal to meet COVID-19 vaccination requirements.

The appellant sought a review of the decision to suspend his employment from public service without remuneration as a result of his noncompliance with a direction to receive COVID-19 vaccinations.

The case concerned an application for an exemption pertaining to mandatory COVID-19 vaccination and requirements for police officers in circumstances where the Appellant was suspended without remuneration when her exemption was denied.

This application concerned an appeal of a decision to not approve the applicant’s request for an exemption from the requirement to receive the necessary doses of the COVID-19 vaccination.

The applicant sought judicial review of a decision which refused approval to deliver Satanic religious instruction in State schools. The judgment alluded to a submission made by the applicant which argued that s 48 of the Human Rights Act 2019 (Qld) required the phrase ‘religious denomination or society’ to be interpreted in a way that is compatible with human rights: at [44]. His Honour did not consider that this provision was applicable on the facts, and thus no substantive comments were made about human rights.

This case concerned an appeal following a disciplinary finding. The appellant received a disciplinary finding against him following refusal to comply with a lawful direction relating to COVID-19 vaccination. The appellant submitted that the requirement for a hospital health directive to receive two doses of the COVID-19 vaccination was an unjustified breach of their human rights under section 13 of the Human Rights Act 2019 (Qld).

The case concerned an application for a review of an exclusion from working in the disability sector. The Tribunal was satisfied that the applicant’s rights to fair hearing and not to be tried or punished more than once had not been limited, and that it could lawfully make a decision incompatible with the applicant’s right to reputation as the Disability Services Act 2000 (Qld) compels it to conduct a risk assessment, and to make the safety of persons with a disability the paramount consideration. The Tribunal ultimately dismissed the application.