Donnelly v State of Queensland (Queensland Health) [2022] QIRC 149

Date: 29 April 2022
Tribunal: Queensland Industrial Relations Commission
Tribunal Member: Power IC
Human Rights Act 2019 (Qld) Sections: s 13, 17
Rights Considered: Right to protection from torture and cruel, inhuman or degrading treatment
Other Legislation: Hospital and Health Boards Act 2011 (Qld) s 51A; Industrial Relations Act 2016 (Qld) ss 562B, 562C; Public Service Act 2008 (Qld) s194; Work Health and Safety Act 2011 (Qld)
Keywords: Education, Training and Employment; Public Law Considerations: COVID-19 Directions

This matter concerned an application for a review of a decision by the respondent to refuse an exemption from COVID-19 Vaccination requirements requested by the applicant. The applicant referred to their right to protection from torture and cruel, inhuman or degrading treatment (s 17), specifically s 17(c) regarding being subjected to medical or scientific experimentation or treatment without the person’s full, free and informed consent under the Human Rights Act 2019 (Qld): at [31]. The Commission held that refusing the applicant’s exemption did not compel them to be vaccinated, thus not breaching s 17 of the Human Rights Act 2019 (Qld), and that the respondent had reasonably considered the applicant’s human rights: at [31], [32]. Thus, the appeal was dismissed: at [40].

Visit the judgment: Donnelly v State of Queensland (Queensland Health) [2022] QIRC 149