Law School

Leggott v State of Queensland (Department of Children, Youth Justice and Multicultural Affairs) [2021] QIRC 30

  1. Home
  2. Research
  3. Vulnerable Persons Project
  4. Human Rights Case Law

Date: 29 January 2021 
Tribunal: Queensland Industrial Relations Commission
Tribunal Member: McLennan IC
Human Rights Act 2019 (Qld) Sections: N/A
Rights Considered: N/A
Other Legislation: Acts Interpretation Act 1954 (Qld) s14A; 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

This case concerned an appeal against the respondent’s decision to not convert the appellant’s employment status to a higher classification. Contained within a relevant policy directive was an acknowledgement of the requirement of public entities to make decisions compatible with human rights. There was no in-depth analysis of this provision or the Human Rights Act 2019 (Qld) generally. 

Ms Leggott (‘the appellant’) was employed in the role of an AO2 Administrative Officer, but had been acting as an AO3 Child Safety Support Officer continuously for two years: at [3].  The appellant had requested that she be appointed to that position permanently, pursuant to section 149C of the Public Service Act 2008 (Qld). This request was rejected, on the basis that a substantial incumbent was returning to the role she previously occupied. 

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: Leggott v State of Queensland (Department of Children, Youth Justice and Multicultural Affairs) [2021] QIRC 30