Hunt v State of Queensland (Department of Agriculture and Fisheries) [2022] QIRC 162

Date: 19 May 2022
Court/Tribunal: Queensland Industrial Relations Commission
Judicial Officer/Tribunal Member: O’Connor VP
Human Rights Act 2019 (Qld) Sections: ss 25, 58, 59
Rights Considered: Right to privacy and reputation
Other Legislation: Industrial Relations Act 2016 (Qld) ss 562B, 566; Public Sector Ethics Act 1994 (Qld) s 4; Public Service Act 2008 (Qld) ss 187, 188, 188A, 194.
Keywords: Education, Training and Employment; Privacy and Confidentiality

This matter involved an application for appeal of a disciplinary decision from the Respondent based on various allegations made in respect to the Applicant’s conduct during his employment. In the Applicant’s submissions, it was contended that the Respondent acted contrary to Section 25 of the Human Rights Act 2019 (Qld) in making the disciplinary decision in a way that was not compatible with the Applicant’s right to privacy and reputation.

Disciplinary grounds were found to have existed in relation to the Appellant’s conduct in respect of six allegations that were considered to warrant taking disciplinary action against him potentially to the degree of termination. The Appellant sought to appeal the disciplinary decision and pursue a claim pursuant to ss 25 and 59 of the Human Rights Act 2019 (Qld), where it was contended that the Decision-Maker had acted unlawfully by making their decision in a way that was not compatible with the Appellant’s right to privacy and reputation (Section 25).

The Appellant submitted that he was deprived of his rights to privacy and reputation in accordance with s 25 of the Human Rights Act 2019 (Qld), as the Director-General had issued a media release that concerned the Appellant’s initial suspension, where he was then featured in numerous media articles relating to the allegations. It was contended that the Department’s actions damaged his otherwise unblemished professional reputation. The Tribunal considered that the Appellant could not make out a claim in respect of ss 25(a) or (b) of the Human Rights Act 2019 (Qld) and accepted that Chapter 6 of the Public Service Act 1922 (Qld) imposed a reasonable limit on human rights that was demonstrably justified. The Tribunal upheld the findings of the Decision-Maker and determined that this was fair and reasonable.

Visit the judgment: Hunt v State of Queensland (Department of Agriculture and Fisheries) [2022] QIRC 162