Steinhardt v State of Queensland (Queensland Health) [2022] QIRC 111

Date: 25 March 2022
Tribunal: Queensland Industrial Relations Commission
Tribunal Member: Hartigan IC
Human Rights Act 2019 (Qld) Sections: ss 15, 17(c), 20, 24
Rights Considered: Right to recognition and equality before the law; Right to protection from torture and cruel, inhuman or degrading treatment; Right to freedom of thought, conscience, religion and belief; Property rights
Other Legislation: Hospital and Health Boards Act 2011 (Qld) ss 51A, 51E; Industrial Relations Act 2016 (Qld) ss 562B, 562C; Public Service Act 2008 (Qld) ss 187, 194; Health Employment Directive No 12/21 - Employee COVID-19 vaccination requirements cls 1, 6, 7, 8, 10
Keywords: Political freedoms: Freedom of religion, thought, conscience, and belief; Public Law Considerations: COVID-19 Directions; Education, Training and Employment

The case concerned an appeal against a rejection of the appellant’s application for an exemption, made on the grounds of a genuinely held religious belief, from the Queensland Health employee COVID-19 vaccination requirement: at [4]. The Commissioner acknowledged that the decision may engage or limit some of the appellant’s human rights and that the decision-maker had rightly decided that the limitation on human rights was necessary and there were no less restrictive means to achieve the directive’s purpose: at [15], [36]-[38]. Accordingly, the Commission held that the application for the exemption was rightly declined as the decision was fair and reasonable and the appeal was dismissed: at [39]-[40].

Visit the judgment: Steinhardt v State of Queensland (Queensland Health) [2022] QIRC 111