Blomfield v State of Queensland (Queensland Health) [2022] QIRC

Date: 29 March 2022
Court/Tribunal: Queensland Industrial Relations Commission
Judicial Officer/Tribunal Member: Pidgeon IC
Human Rights Act 2019 (Qld) Sections: ss 15, 27, 37
Rights Considered: Right to recognition and equality before the law; Cultural rights; Right to health services
Other Legislation: Industrial Relations Act 2016 (Qld) ss 562, 562B, 562C; Public Service Act 2008 (Qld) ss 136, 187, 194
Keywords: Public Law Considerations: COVID-19 Directions

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 referred to her right to work (within the International Covenant on Economic, Social and Cultural Rights) and her cultural rights (section 27), while the respondent referred to the applicant’s right to recognition and equality before the law (section 15) and her right to health services (section 37). The Tribunal considered the human rights raised in the submission and found them justifiably balanced in the circumstances, however, did not engage in any further substantive discussion.

Visit the judgment: Blomfield v State of Queensland (Queensland Health) [2022] QIRC