Public Law Considerations

The case concerned an application for an exemption pertaining to mandatory COVID-19 vaccination and requirements for police officers in circumstances where the Appellant was suspended without remuneration when her exemption was denied.

This application concerned an appeal of a decision to not approve the applicant’s request for an exemption from the requirement to receive the necessary doses of the COVID-19 vaccination.

The applicant sought judicial review of a decision which refused approval to deliver Satanic religious instruction in State schools. The judgment alluded to a submission made by the applicant which argued that s 48 of the Human Rights Act 2019 (Qld) required the phrase ‘religious denomination or society’ to be interpreted in a way that is compatible with human rights: at [44]. His Honour did not consider that this provision was applicable on the facts, and thus no substantive comments were made about human rights.

This case concerned an appeal following a disciplinary finding. The appellant received a disciplinary finding against him following refusal to comply with a lawful direction relating to COVID-19 vaccination. The appellant submitted that the requirement for a hospital health directive to receive two doses of the COVID-19 vaccination was an unjustified breach of their human rights under section 13 of the Human Rights Act 2019 (Qld).

The case concerned an application for a review of an exclusion from working in the disability sector. The Tribunal was satisfied that the applicant’s rights to fair hearing and not to be tried or punished more than once had not been limited, and that it could lawfully make a decision incompatible with the applicant’s right to reputation as the Disability Services Act 2000 (Qld) compels it to conduct a risk assessment, and to make the safety of persons with a disability the paramount consideration. The Tribunal ultimately dismissed the application.

The applicant applied for an exemption pursuant to section 113 of the Anti-Discrimination Act 1991 (Qld) for the purposes of owning and operating a manufactured home park supplying special accommodation solely for persons aged 50 and older. The Tribunal weighed the application against the infringement of rights under the Human Rights Act 2019 (Qld) and subsequently refused the application.

This case concerned an appeal of a Queensland Health decision that denied the appellant an exemption from compliance with an employment vaccination directive on the basis of her religious beliefs as a Seventh Day Adventist (‘the decision’). The Commission was required to conduct a review of the decision to determine whether it was fair and reasonable.

The case concerned an appeal of a disciplinary finding decision and a suspension without pay decision. The appellant contended that decisions following vaccine directions made under the Health Employment Directive No. 12/21 - Employee COVID-18 vaccination requirements had contravened the Human Rights Act 2019 (Qld), which she subsequently sought to invoke.

This matter concerned an appeal, brought against a decision regarding the Queensland Treasury’s COVID-19 vaccination requirements for Treasury employees, under ch 11 pt 6 div 4 Industrial Relations Act 2016 (QLD). The purpose of such an appeal is to decide whether the decision was fair and reasonable.

This matter concerned appeal brought against the Queensland Ambulance Service’s policy of mandatory COVID-19 vaccination. An appeal under ch 11 pt 6 div 4 Industrial Relations Act 2016 (QLD) involves a review of the decision arrived at and the decision-making process associated therewith: at [13]. The purpose of such an appeal is to decide whether the decision appealed against was fair and reasonable: at [14].