Khan v State of Queensland (Department of Housing and Public Works) [2020] QIRC 227

Date: 24 December 2020
Court: Queensland Industrial Relations Commission
Judicial Officer: McLennan IC
Human Rights Act 2019 (Qld) Sections: N/A
Rights Considered: N/A
Other Legislation: Acts Interpretation Act 1954 (Qld) s 14A; Directive 13/20 Appointing a public service employee to a higher classification level cl 1, 3, 4, 5, 6, 7, 9, 10, 11; Industrial Relations Act 2016 (Qld) ss 564, 562B, 562C; Public Service Act 2008 (Qld) ss 120, 149, 149A, 149B, 149C, 194, 196, 197; Statutory Instruments Act 1992 (Qld) ss 7, 14
Keywords: Education, Training and Employment

The appellant filed an appeal against a decision to not convert their employment to a higher classification level. Contained within a relevant policy directive was an acknowledgement of the requirement of public entities to make decisions that are compatible with human rights. There was no in-depth analysis of this provision or the Human Rights Act 2019 (Qld) generally. 

Mr Khan (the appellant) was employed at the classification of AO2 Administrative Officer, but had been acting as an AO4 Finance Officer continuously for two years. The Department of Housing and Public Works decided not to appoint Mr Khan to the higher position, pursuant to Directive 13/20 Appointing a public service employee to a higher classification level.

In making the decision, the Commission reproduced a clause in the Directive 13/20 Appointing a public service employee to a higher classification level which referred to the obligation on decision makers to make decisions in a way that is compatible with human rights and to give proper consideration to human rights, under the Human Rights Act 2019 (Qld): at [29]. However, there was no further discussion of the Human Rights Act 2019 (Qld).

The respondent’s decision was confirmed and the appeal was dismissed.

Visit the reported judgement: Khan v State of Queensland (Department of Housing and Public Works) [2020] QIRC 227