Colebourne v State of Queensland (Queensland Police Service) [2022] QIRC 018

Date: 28 January 2022
Tribunal: Queensland Industrial Relations Commission
Member: Merrell DP
Human Rights Act 2019 (Qld) Sections: s 13
Rights Considered: N/A/
Other Legislation: Acts Interpretation Act 1954 ss 14A, 14B; Directive: 16/20 - Suspension directive, cl 6; Industrial Relations Act 2016 ss 562B, 562C; Police Service Administration Act 1990 s 4.8; Public Service Act 2008 ss 53, 137, 137A; Statutory Instruments Act 1992 ss 7, 14, 15
Keywords: Public Law Considerations: Covid-19 Directions; Education, Training and Employment

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 Member cited section 13(2)(e) of the Human Rights Act 2019, that ‘in deciding whether a limit on a human right is reasonable and justified, a factor that may be relevant is the importance of the purpose of the limitation’: at [84]. In admitting that the decision to suspend her employment did limit Ms Colebourne’s rights, but that enforcing Direction 12 justified this, Acting Assistant Commissioner Nelson was complying with section 12: at [84]. The statements were not evidence that he was suspending her employment for the improper purpose alleged (punishment): at [84]-[88].

Visit the judgment: Colebourne v State of Queensland (Queensland Police Service) [2022] QIRC 018