Oss v State of Queensland (Queensland Health) [2022] QIRC 155

Date: 6 May 2022
Tribunal: Queensland Industrial Relations Commission
Member: Power IC
Human Rights Act 2019 (Qld) Sections: s 25
Rights Considered: Right to privacy and reputation
Other Legislation: Criminal Code Act 1899 (Qld) sch 1 s 398; Health (Drugs and Poisons) Regulations 1996 (Qld) s 190; Health Ombudsman Act 2013 (Qld); Industrial Relations Act 2016 (Qld) ss 562B and 562C; Public Service Act 2008 (Qld) ss 187, 188 and 194
Keywords: Education, Training, Employment

The appellant sought a review of the respondent’s decision to impose a disciplinary penalty which reduced her classification from Clinical Nurse (NG6) to Registered Nurse (NG5). The appellant submitted that her reputation suffered and would be further attacked if demoted and that this was incompatible with her right not to have her reputation unlawfully attacked (section 25(b) of the Human Rights Act 2019 (Qld)). The Commission determined that making a disciplinary finding and imposing a disciplinary penalty through a show cause process involving procedural fairness did not constitute an unlawful attack on reputation and was not a breach of human rights.

Visit the judgment: Oss v State of Queensland (Queensland Health) [2022] QIRC 155