Clarke v State of Queensland (Queensland Police Service) [2022] QIRC 70

Date: 8 March 2022
Court/Tribunal: Queensland Industrial Relations Commission
Judicial Officer/Tribunal Member: Power IC
Human Rights Act 2019 (Qld) Sections: s 17
Rights Considered: N/A
Other Legislation: Biosecurity Act 2015 (Cth) s 60; Industrial Relations Act 2016 (Qld) ss 562B, 562C; Police Service Administration Act 1990 (Qld) ss 4.8, 4.9; Privacy Act 1988 (Cth) s 98; Public Service Act 2008 (Qld) ss 137, 137A, 194; Work Health and Safety Act 2011 (Qld); Directive 16/20 Suspension, cl 6.
Keywords: Public Law Considerations: COVID-19 Directions

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 contended that she was deprived of her human right not to be “subjected to medical or scientific experimentation or treatment without … full, free and informed consent” pursuant to section 17(c) of the Human Rights Act 2019 (Qld). The Respondent acknowledged that this right was considered when making its decision, however the limit was justifiable by the need to protect the health and safety of employees and the public. The Commission confirmed the decision of the Respondent and considered that the decision to suspend the Appellant without remuneration was fair and reasonable.

Visit the judgment: Clarke v State of Queensland (Queensland Police Service) [2022] QIRC 70