Rivers v State of Queensland (Queensland Ambulance Service) [2023] QIRC 124

Date: 5 May 2023
Tribunal: Queensland Industrial Relations Commission
Tribunal Member: Pidgeon IC
Human Rights Act 2019 (Qld) Sections: N/A
Rights Considered: Right to recognition and equality before the law; Right to freedom of movement; Taking part in public life.
Other Legislation: Anti-Discrimination Act 1991 (Qld) s 108; Industrial Relations Act 2016 (Qld) ss 562B, 562C; Public Sector Act 2022 (Qld) ss 4, 101, 129, 131, 133, 289, 324; Public Service Act 2008 (Qld) ss 175 (repealed); Work Health and Safety Act 2011 (Qld)
Keywords: Education, Training and Employment

The case concerned an appeal of an internal review decision to uphold conditions preventing the appellant from returning to work while holding an exemption from the COVID-19 vaccination. The original decision maker acknowledged that the decision may impose a small limit on the right to equality and non-discrimination (section 15), freedom of movement (section 19), and taking part in public life (section 23), but that such limits were justified by the need to ensure the readiness of the health system in responding to COVID-19. The internal review decision-maker outlined that human rights factors were considered in the creation of the policy, and that, while the decision has the potential to limit the appellant’s human rights, those limits on human rights are justified. The Commission did not consider human rights, which it said could be pursued through other avenues, and found that the decision was fair and reasonable.

Visit the judgement: Rivers v State of Queensland (Queensland Ambulance Service) [2023] QIRC 124