Bishop v State of Queensland (Queensland Ambulance Service) [2022] QIRC 292

Date: 4 August 2022
Tribunal: Queensland Industrial Relations Commission
Judicial Officer: Pidgeon IC
Human Rights Act 2019 (Qld) Sections: s 17
Rights Considered: Right to protection from torture and cruel, inhuman or degrading treatment; Right to recognition and equality before the law; Taking part in public life
Other Legislation: Industrial Relations Act 2016 (Qld) ss 562B and 562C; Public Service Act 2008 (Qld) s 194; QAS HR Policy – Employee COVID-19 Vaccination Requirements s 3.6
Keywords: Public Law Considerations: COVID-19 Directions; Education, Training and Employment

This case concerned an appeal of the respondent’s decision to refuse to exempt the appellant from the required doses of the COVID-19 vaccination. The appellant referred to her right to protection from torture and cruel, inhuman or degrading treatment (section 17) under the Human Rights Act 2019 (Qld). The Commission considered the appellant’s human rights, and was satisfied that they had been suitably addressed in the respondent’s decision. The respondent, in their decision, was satisfied that any limits on human rights engaged – particularly the right to recognition and equality before the law (section 15), and the right to take part in public life (section 23) - were justified. The Commission confirmed the respondent’s decision.

Visit the judgment: Bishop v State of Queensland (Queensland Ambulance Service) [2022] QIRC 292