McIver v State of Queensland (Queensland Health) [2022] QIRC 121

Date: 1 April 2022
Court/Tribunal: Queensland Industrial Relations Commission
Judicial Officer/Tribunal Member: Power IC
Human Rights Act 2019 (Qld) Sections: 15, 17
Rights Considered: Right to recognition and equality before the law; Right to protection from torture and cruel, inhuman or degrading treatment
Other Legislation: Australian Human Rights Commission Act 1986 (Cth) sch 2 art 7; Hospital and Health Boards Act 2011 (Qld) s 51A; Industrial Relations Act 2016 (Qld) ss 562B, 562C; Public Service Act 2008 (Qld) s 194; Work Health and Safety Act 2011 (Qld); Work Health and Safety Regulation 2011 (Qld) ss 34, 36
Keywords: Public Law Considerations: COVID-19 Directions

Mr Adrian McIver (the appellant), an Information Technology Officer, appealed against the respondent’s decision which denied him an exemption from complying with a COVID-19 vaccination directive. As an aspect of the appeal, the appellant alleged that his rights under the Human Rights Act 2019 (Qld) to equality and non-discrimination (section 15) and the right not to receive medical treatment without consent (section 17), had been ‘removed’ by the respondent’s decision. The Commission upheld the decision on the basis that the respondent had considered those human rights and was satisfied that the limits imposed upon those human rights were justified by the need to facilitate the health system’s COVID-19 pandemic response, and to protect the lives of employees, patients and the community they served.

Visit the judgment: McIver v State of Queensland (Queensland Health) [2022] QIRC 121