Date: 17 February 2023
Tribunal: Queensland Industrial Relations Commission
Tribunal Member: Hartigan DP
Human Rights Act 2019 (Qld) Sections: s 58
Rights Considered: N/A
Other Legislation: Hospital and Health Boards Act 2011 (Qld) ss 51A, 51E; Industrial Relations Act 2016 (Qld), ss 562B, 562C; Public Service Act (Qld) ss 187, 194; Health Employment Directive No 12/21- Employee COVID-119 vaccination requirements cls 1, 6, 7, 8, 10
Keywords: Public Law Considerations: COVID-19 Directions

The matter concerned the appeal of a decision from the respondent to refuse to exempt the appellant from the required doses of the COVID-19 vaccination. The appellant submitted he was exempt from the obligation based on a genuinely held religious belief however did not expressly refer to his rights under the Human Rights Act 2019 (Qld). Reference to the Human Rights Act 2019 (Qld) was contained in the respondent’s decision to refuse the exemption application, stating that although the mandate would potentially impact the human rights of the appellant, it was reasonably justified for the purpose of protecting staff and patients from infection and to maintain a proper and efficient health system. The Commission did not engage in any substantive discussion in respect to the applicant’s human rights. The Commission held that the decision was fair and reasonable and dismissed the appeal.

Visit the judgment: Figueiredo v State of Queensland (Queensland Health) [2023] QIRC 052