Colebourne v State of Queensland (Queensland Police Service) [2022] QIRC 018

Date: 28 January 2022
Tribunal: Queensland Industrial Relations Commission
Tribunal Member: Member Merrell DP
Human Rights Act 2019 (Qld) Sections: s 13
Rights Considered: Human rights may be limited
Other Legislation: Acts Interpretation Act 1954 (Qld) ss 14A, 14B; Directive: 16/20 – Suspension directive (QLD), cl 6; Industrial Relations Act 2016 (QLD), ss 562B, 562C; Police Service Administration Act 1990 (QLD), s 4.8; Public Service Act 2008 (QLD), ss 53, 137, 137A; Statutory Instruments Act 1992 (QLD), ss 7, 14, 15.
Keywords: Education, Training and Employment; Public Law Considerations: COVID-19 Directions.

On appeal to the Queensland Industrial Relations Commission, the appellant sought a review of a decision by the Queensland Police Service to suspend her employment without remuneration after she refused to comply with Direction No. 12 that mandated the COVID-19 vaccination for the health and safety of members of the Queensland Police Service. Though the appellant alleged that the respondent had acted in bad faith and against her human rights in such circumstances, the Acting Assistant Commissioner for the respondent submitted that the limits on human rights were reasonable and justified by the need to ensure compliance with the direction.

The Tribunal found that the respondent’s decision was fair and reasonable, and the limitation on the appellant’s human rights was justified pursuant to section 13 of the Human Rights Act 2019 (QLD).

Visit the Judgment: Colebourne v State of Queensland (Queensland Police Service) [2022] QIRC 018