McPaul v State of Queensland (Queensland Health) [2022] QIRC 175

Date: 4 May 2022
Court/Tribunal: Queensland Industrial Relations Commission
Judicial Officer/Tribunal Member: Dwyer IC
Human Rights Act 2019 (Qld) Sections: s 13
Rights Considered: N/A
Other Legislation: Industrial Relations Act 2016 (Qld) ss 562B, 562C; Public Service Act 2008 (Qld).
Keywords: Public Law Considerations; COVID-19 Directions

This matter concerned an application for a review of a decision from the respondent to refuse to exempt the applicant from the required doses of the COVID-19 vaccination. The applicant referred to human rights in his submission, arguing generally that he did not believe that his rights were justifiably limited. The Tribunal noted that the applicant referred to human rights in a superficial manner, without particularity, and failed to articulate suitable grounds for his exemption or the internal review based on some contravention of his human rights. In the absence of a sufficient human rights argument from the applicant, the Tribunal considered that the importance of the need to protect the health and safety of his colleagues and the patients of the health service clearly outweigh his personal rights in the circumstances. As such, the Tribunal found that the applicant’s human rights were justifiably limited.

Visit the judgment: McPaul v State of Queensland (Queensland Health) [2022] QIRC 175