Date: 5 April 2022
Court/Tribunal: Supreme Court of Queensland
Judicial Officer/Tribunal Member: Dalton J
Human Rights Act 2019 (Qld) Sections: N/A
Rights Considered: None
Other Legislation: Hospital and Health Boards Act 2011 (Qld) ss 52, 53, 53AC; Judicial Review Act 1991 (Qld) ss 4, 31, 32, 33; Public Health Act 2005 (Qld) ss 319, 324, 332, 333, 335, 345, 347, 349, 352, 354, 362A, 362B, 362C, 362D, 362E, 362FA, 362G, 362H, 362I.
Keywords: Public Law Considerations: COVID-19 Directions

The case concerned a challenge to directions of the Chief Health Officer (CHO) under the Judicial Review Act 1991 (Qld) and the Human Rights Act 2019 (Qld) which came about because the applicants' requested reasons for the making of the decisions to make the relevant directions. The CHO refused to give reasons on the basis that his decision to make the directions was of a legislative character, not an administrative character, and that therefore he was not obliged to give reasons. The Court agreed with the CHO. There was no discussion of human rights.

Visit the judgment: Ishiyama & Ors v Dr Peter Aitken, Former Chief Health Officer & Ors; Baxter & Ors v Dr John Gerrard, Chief Health Officer & Anor; Hunt & Ors v Dr John Gerrard, Chief Health Officer & Anor [2022] QSC 41