Collins v State of Queensland (Queensland Health) [2022] QIRC 215

Date: 15 June 2022
Tribunal: Queensland Industrial Relations Commission
Tribunal Member: Member Knight IC
Human Rights Act 2019 (Qld) Sections: ss 20, 21
Rights Considered: Right to freedom of thought, conscience, religion and belief; Right to freedom of expression
Other Legislation: Directive 11/20 Individual employee grievances cl 9.2; Health Employment Directive No 12/21 – Employee COVID-19 vaccination requirements cls 7, 8, 10; Hospital and Health Boards Act 2011 (QLD) s 51A; Industrial Relations Act 2016 (QLD) ss 562B, 562C; Public Service Act 2008 (QLD) s 197;
Keywords: Education, Training and Employment; Political Freedoms: Freedom of religion, thought, conscience, and belief; Public Law Considerations: COVID-19 Directions

This matter concerned an appeal brought by an employee of Queensland Health against a decision made by the respondent pursuant to the Health Employment Directive No 12/21 – Employee COVID-19 vaccination requirements (‘the Directive’).

The appellant had previously requested an exemption from compliance with the Directive on account of a genuinely held religious belief, which was refused. On internal review of the decision, the respondent had acknowledged that the decision impinged upon the appellant’s right to freedom of thought, conscience, religion and belief, and her right to freedom of expression under the Human Rights Act 2019 (Qld). The respondent determined that such an impingement was justified when weighed against the competing interests of workplace and community safety.

In dismissing the appeal, and having regard to the respondent’s explanation as to how the appellant’s human rights were considered, Member Knight IC rejected the appellant’s human rights argument as a ground of appeal: at [58]-[61].

Visit the Judgment: Collins v State of Queensland (Queensland Health) [2022] QIRC 215