Date: 27 February 2023
Court/Tribunal: Queensland Industrial Relations Commission
Judicial Officer/Tribunal Member: Knight IC
Human Rights Act 2019 (Qld) Sections: N/A
Rights Considered: N/A
Other Legislation: Hospital and Health Boards Act 2011 (Qld) ss 51A, 51E; Industrial Relations Act 2016 (Qld) ss 562B, 562C; Public Service Act 2008 (Qld) ss 137, 187, 194, 197; Health Employment Directive No 12/21 - Employee COVID 19 vaccination requirements cls 2, 6, 7, 8, 9, 10
Keywords: Public Law Considerations: COVID-19 Directions

This matter concerned an appeal of a disciplinary finding decision made by the respondent that the appellant had not complied with the requirements of the Health Employment Directive No 12/21 by not receiving her first dose of the COVID-19 vaccine within the relevant time frame. The Human Rights Act 2019 (Qld) was referred to in an email to the respondent, where the appellant requested specific legislative references from relevant legislation, including the Human Rights Act 2019 (Qld), that supported the COVID-19 vaccine mandate. The appellant advised the respondent that she was unable to apply for a vaccination exemption until these specific legislative references were provided. The Commissioner was not persuaded that the claimed failure to provide specific legislative references negatively impacted on the appellant’s ability to complete an application for an exemption. The Commissioner concluded that the disciplinary finding decision was fair and reasonable.

Visit the judgment: Niewiadomski v State of Queensland (Queensland Health) [2023] QIRC 062