Elsworthy v State of Queensland (Queensland Ambulance Service) [2022] QIRC 412

Date: 28 October 2022
Court/Tribunal: Queensland Industrial Relations Commission
Judicial Officer: Hartigan IC
Human Rights Act 2019 (Qld) Sections: ss 15, 17, 23
Rights Considered: Right to recognition and equality before the law; Right to protection from torture and cruel, inhuman or degrading treatment; Right to taking part in public life.
Other Legislation: Ambulance Service Act 1911 (Qld) s 41; Industrial Relations Act 2016 (Qld) s 562C; Public Service Act 2008 (Qld), s 194.
Keywords: Education, Training and Employment; Public Law Considerations: COVID-19 Directions.

This matter concerned an application for a review of a decision from the respondent to refuse to exempt the applicant from the required doses of the COVID-19 Vaccination. The Commissioner did not engage in any substantive discussion in respect to the applicant’s human rights. Although the applicant refers to their human rights more broadly (i.e., right to safety and informed consent), they did not refer to any specific right under the Human Rights Act 2019. The respondent did, however, consider the right to protection from torture and cruel, inhuman or degrading treatment (section 17), the right to recognition and equality before the law (section 15), and the right to take part in public life (section 23), however, it was determined to be reasonably justified. The Commissioner was satisfied that the respondent had made the decision in a way that was compatible with human rights, acknowledging that the decision does not itself compel a person to be vaccinated but rather, imposes employment consequences on those working within the Queensland Ambulance Services that require vaccination except in extenuating circumstances, a requirement both necessary and justified in the context of a global pandemic.

Visit the judgment: Elsworthy v State of Queensland (Queensland Ambulance Service) [2022] QIRC 412