Date: 2 June 2022
Court/Tribunal: Queensland Industrial Relations Commission
Judicial Officer/Tribunal Member: Power IC
Human Rights Act 2019 (Qld) Sections: N/A
Rights Considered: N/A
Other Legislation: Anti-Discrimination Act 1991 (Qld) ss 144, 209; Industrial Relations Act 2016 (Qld) s 285; Mental Health Act 2016 (Qld); Public Interest Disclosure Act 2010 (Qld).
Keywords: Discrimination

This case concerned an application for an order protecting the complainant’s interests. The applicant had lodged a discrimination complaint in relation to his employer, Queensland Health’s, decision not to employ him, which the applicant alleged was on the basis of his relationship with another doctor at that hospital. The applicant’s complaint to the Queensland Human Rights Commission alleged an unreasonable limitation of the right to recognition and equality before the law and right to take part in public life under the Human Rights Act 2019 (Qld). The Commission did not consider this aspect of the complaint in dismissing the applicant’s complaint for various other reasons.

Visit the judgment: Smith v State of Queensland (Queensland Health) [2022] QIRC 190