Hurling v State of Queensland (Queensland Police Service) [2022] QIRC 084

Date: 15 March 2022
Court: Queensland Industrial Relations Commission
Judicial Officer: Power IC
Human Rights Act 2019 (Qld) Sections: s 58, s 31.
Rights Considered: Right to a fair hearing.
Other Legislation: Criminal Code Act 1899 (Qld), sch 1 ss 92A and 408E; Industrial Relations Act 2016 (Qld), s 261; Public Service Act 2008 (Qld), s 137.
Keywords: Education, Training, Employment

The Applicant sought a review of the Respondent’s decision to suspend them without remuneration, and the Tribunal was required to determine whether the the Decision-Maker erred in applying s 58(1)(a) of the Human Rights Act 2019 (Qld) and also contravened s 58(1)(b).

The Appellant was employed as an AO6 Senior Business Analyst by the Queensland Police Service, and was arrested for four charges of computer hacking and misuse and one charge of misconduct in relation to public office. She was suspended by her employer without remuneration.

The Commission found that the Decision-Maker did not err in applying s 58(1)(a) of the Human Rights Act 2019 (Qld) because they did not fail to presume innocence and did not deny the Applicant a right to silence or fair trial (section 31). The Commission further considered that the decision maker did give proper consideration of human rights relevant to the decision as required by s 58(1)(b) of the Human Rights Act 2019 (Qld) by “clearly stating that the [appellant] is presumed to be innocent of the allegations” and ensuring the appellant was not “compelled to forego her right to silence”: at [49]. The Respondent’s decision was affirmed and the appeal was dismissed.

Visit the judgment: Hurling v State of Queensland (Queensland Police Service) [2022] QIRC 084