Date: 30 May 2022
Tribunal: Queensland Industrial Relations Commission
Judicial Officer: McLennan IC
Human Rights Act 2019 (Qld) Sections: N/A
Rights Considered: N/A
Other Legislation: Acts Interpretation Act 1954 (Qld) s 14A; Industrial Relations Act 2016 (Qld) ss 562B, 562C, 564, 567; Public Service Act 2008 (Qld) ss 149C, 194, 196, 197; Statutory Instrument 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, 8, 9, 10, 11.
Keywords: Education, Training, Employment

This matter concerned an appeal of the respondent’s decision to refuse to convert the appellant’s employment from an AO5 Deployment Officer to an AO6 Senior Deployment Officer where she had been effectively acting at the higher level since August 2018. The Commission reproduced clause 4.3 of Directive 13/20 which referred to the obligation under the Human Rights Act 2019 (Qld) to make decisions in a way that is compatible with human rights and to give proper consideration to human rights, but did not consider any particular sections of the Human Rights Act 2019 (Qld). The Commission did not engage in any substantive discussion in respect of the appellant’s human rights.

Visit the judgment: Chinniah v State of Queensland (Queensland Police Service) [2022] QIRC 186