Public Law Considerations

The case concerned a finding by the Queensland Racing Integrity Commission that the applicant had engaged in misconduct. The Tribunal determined that the limitations on the applicant’s human rights were reasonable and demonstrably justifiable.

The appellant, a teacher, appealed against the Department of Education’s decision to suspend her without pay due to her failure to comply with a COVID-19 vaccination direction. The appellant argued that the decision made ‘an unjustifiable incursion’ on her human rights, and that the decision maker had no authority to ‘overrule’ section 4 of the Covid-19 Emergency Response Act (2020) (Qld) which states that it does not override the Human Rights Act 2019 (Qld).

The appellant was a technical officer at Redlynch State College whose employment was suspended without pay due to her failure to provide evidence of receiving a COVID-19 vaccine in accordance with the Department of Education Employment Direction 1/21.

The appellant, a Registered Nurse, appealed against Queensland Health’s decision which denied him an exemption from complying with a vaccination directive, which he requested on the basis of his religious beliefs: at [7], [8], [13], [31]. As an aspect of the appeal, the appellant alleged that his human rights were breached through religious discrimination: at [36].

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].

This matter concerned an application for a review of a decision from the respondent to refuse to exempt the applicant from the required doses of the COVID-19 vaccination.

Mr Adrian McIver (the appellant), an Information Technology Officer, appealed against the respondent’s decision which denied him an exemption from complying with a COVID-19 vaccination directive.

This case concerned an appeal of a Tribunal decision that found a signatory personally liable for fees under a client agreement. The applicant complained that there was a breach of natural justice in the making of the initial decision.

This case concerned an application for reopening a previous Tribunal matter in circumstances where the Applicant did not attend the hearing in question. The Tribunal referred to s 31 of the Human Rights Act 2019 (Qld) where it was considered that it is the human right of an individual to have a civil proceeding decided by a competent, independent and impartial court or Tribunal after a fair hearing.

Seven police officers sought review of the decision by the Commissioner to issue a Direction requiring all police officers and some frontline staff members to receive two COVID-19 vaccinations by certain dates and to provide evidence of having done so. Contemporaneously, twelve ambulance officers and one nurse brought an application on the same terms against the Chief Executive of Hospital and Health Services and Commissioner of Queensland Ambulance Services. Solicitors and counsel for the applicants in both applications were the same and the matters were heard together.