Smith v State of Queensland (Queensland Health) & Anor [2022] QIRC 462

Date: 28 November 2022
Tribunal: Queensland Industrial Relations Commission
Judicial Officer/Tribunal Member: Power IC
Human Rights Act 2019 (Qld) Sections: s 15
Rights Considered: Right to recognition and equality before the law
Other Legislation: Industrial Relations Act 2016 (Qld) ss 447, 530
Keywords: Education, Training and Employment

The case concerned an application for leave to be legally represented. The Court considered that the applicant’s right to equal protection would not be compromised, and ultimately granted leave.

The case concerned an application for leave to be legally represented in proceedings concerning a general protections application pursuant to ch 8 pt 1 div 3 of the Industrial Relations Act 2016 (Qld).

The applicant submitted, inter alia, that ‘a factor to be considered is whether it is fair for the Applicant to 'face an unequal opponent' when he has a right to equal protection against discrimination under s 15(4) of the Human Rights Act 2019 (Qld)’: at [21].

However, the Court considered that the applicant’s right to equal protection would not be compromised by allowing the respondents legal representation, referring to Neate IC in Wanninayake¹ who considered that ‘competent legal representation….can assist in ensuring that the proceedings remain focused on the real issues of fact and law, that the distinction between evidence and submissions is observed, that evidence is properly adduced….and that submissions are confined to the matters which the Commission must decide’: at [34].

Leave was granted for the respondents to be legally represented in the proceedings.

Visit the judgment: Smith v State of Queensland (Queensland Health) & Anor [2022] QIRC 462

¹ Wanninayake v State of Queensland (Department of Natural Resources and Mines) [2014] QIRC 079.