Elliott v State of Queensland (Queensland Health) [2022] QIRC 332

Date: 26 August 2022
Court/Tribunal: Queensland Industrial Relations Commission
Judicial Officer: Dwyer IC
Human Rights Act 2019 (Qld) Sections: s 13
Rights Considered: N/A
Other Legislation: Industrial Relations Act 2016 (Qld) s 562A; Public Service Act 2008 (Qld) s 137; Hospital and Health Boards Act 2011 (Qld) s 51.
Keywords: Education, Training and Employment; Public Law considerations: COVID-19 Directions.

The case concerned an appeal of a disciplinary finding decision and a suspension without pay decision. The appellant contended that decisions following vaccine directions made under the Health Employment Directive No. 12/21 - Employee COVID-18 vaccination requirements had contravened the Human Rights Act 2019 (Qld), which she subsequently sought to invoke. The Commission considered that the arguments relying on the Human Rights Act 2019 (Qld) regarding the COVID-19 vaccination mandate were “incomplete”: at [36]. The Commission did not further discuss human rights and declined to hear the appeal: at [47].

Visit the judgment: Elliott v State of Queensland (Queensland Health) [2022] QIRC 332