Rae v State of Queensland (Queensland Health) [2022] QIRC 160

Date: 28 April 2022
Tribunal: Queensland Industrial Relations Commission
Tribunal Member: Dwyer IC
Human Rights Act 2019 (Qld) Sections: N/A
Rights Considered: N/A
Other Legislation: Industrial Relations Act 2016 (Qld) ss 562B, 562C; Public Service Act 2008 (Qld) s 137; COVID-19 Vaccination Requirements for Workers in a high-risk setting Direction
Keywords: Education, Training and Employment; Public Law Considerations: COVID-19 Directions

This matter concerned an appeal of the respondent’s decision to suspend the appellant from duty without remuneration, following the appellant’s failure to comply with vaccination requirements and failure to apply for an exemption. The appellant did not make any submissions expressly regarding the Human Rights Act 2019 (Qld) and there was no substantive discussion of the Human Rights Act 2019 (Qld) in the reasons.

The appellant cited his human rights contained in the UNESCO Declaration on Bioethics and Human Rights, however the Commission noted that the Declaration had no binding legal effect on the department which employed the appellant. Regardless of the applicability of the declaration to the appellant’s case, the Commission concluded that the appellant had no competent objection to vaccination in relation to any human rights contravention.

Visit the judgement: Rae v State of Queensland (Queensland Health) [2022] QIRC 160