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McMillan v State of Queensland (Department of Housing and Public Works) [2021] QIRC 018

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Date: 27 January 2021
Court/Tribunal: Queensland Industrial Relations Commission
Judicial Officer/Tribunal Member: McLennan IC
Human Rights Act 2019 (Qld) Sections: N/A
Rights Considered: N/A
Other Legislation: Public Service Act 2008 (Qld) ss 120, 149, 149A, 149B, 149C, 194, 196, 197; Industrial Relations Act 2016 (Qld) ss 564, 562B, 562C; Acts Interpretations Act 1954 (Qld) s 14A; Statutory Instruments Act 1992 (Qld) ss 7, 14; Directive 13/20 Appointing a public service employee to a higher classification level cl 1, 3, 4, 5, 6, 7, 9, 10, 11
Keywords: Education, Training and Employment

This case concerned an appeal against a decision by the Department of Housing and Public Works not to convert the appellant’s employment to a higher classification level. The Human Rights Act 2019 (Qld) was mentioned in a directive that imposed an obligation on decision makers to act in a way that was compatible with human rights, but there was no further discussion of human rights or the Human Rights Act 2019 (Qld).

Ms McMillan (‘the appellant’) filed an appeal against a conversion decision issued by a decision maker from the Department of Housing and Public Works (‘the respondent’). The appellant was substantively employed as a Principal Policy Advisor AO7 in the Cabinet, Policy and Intergovernmental Relations Unit. The appellant performed higher duties of a Manager AO8 within this department between 19 December 2016 and 14 August 2020. She then temporarily performed AO8 duties within another department. During this time, she sought to be permanently converted to this higher classification level for the original department. The decision was refused on 27 October 2020..

The appeal was dismissed upon the basis of ineligibility, and the respondent’s decision was confirmed: at [61] and [64].

In making the decision, the Commission reproduced a clause in the Directive 13/20 Appointing a public service employee to a higher classification level which referred to the obligation on decision makers to make decisions in a way that is compatible with human rights and to give proper consideration to human rights, under the Human Rights Act 2019 (Qld): at [31]. However, there was no further discussion of the Human Rights Act 2019 (Qld).

 Visit the judgement: McMillan v State of Queensland (Department of Housing and Public Works) [2021] QIRC 018