Talbot v State of Queensland (Department of Education) [2023] QIRC 010

Date: 17 January 2023
Tribunal: Queensland Industrial Relations Commission
Tribunal Member: Dwyer IC
Human Rights Act 2019 (Qld) Sections: ss 26, 48
Rights Considered: Right to protection of families and children
Other Legislation: Acts Interpretation Act 1954 (Qld) ss 4, 24AA; Directive 09/20 Fixed term temporary employment; Industrial Relations Act 2016 (Qld) ss 562A, 562B; Public Service Act 2008 (Qld) ss 149A, 149B, 149C, 194, 197
Keywords: Education, Training and Employment

This matter concerned an application for a review of a substitute decision made by the respondent after a legislated deadline which offered to convert the appellant’s employment from a temporary role to a full-time position in central Queensland. The primary issue for consideration was whether this substitute decision was a valid exercise of the respondent’s powers. The appellant referenced the right to protection of families and children under section 26 of the Human Rights Act 2019 (Qld) and argued that the respondent had not properly considered this right in making the substitute decision. The respondent referred to the requirement under section 48 of the Human Rights Act 2019 (Qld) that required statutory provisions to be interpreted in a way that was compatible with human rights. The Commission did not discuss human rights in determining that the respondent's attempt to repeal the deemed decision and replace it with the substitute decision was an invalid use of its discretion.

View the judgement: Talbot v State of Queensland (Department of Education) [2023] QIRC 010