ST v State of Queensland (Department of Education) [2023] QIRC 004

Date: 10 January 2023
Tribunal: Queensland Industrial Relations Commission
Tribunal Member: McLennan IC
Human Rights Act 2019 (Qld) Sections: ss 17, 25, 26, 29, 37, 58.
Rights Considered: Right to protection from torture and cruel, inhuman or degrading treatment; Right to privacy and reputation; Right to protection of families and children; Right to liberty and security of person; Right to health services.
Other Legislation: Industrial Relations Act 2016 (Qld) ss 451, 562B, 562C, 564; Public Service Act 2008 (Qld) ss 133, 134, 194
Keywords: Education, Training and Employment

In deciding an appeal against a decision to transfer a public service officer made pursuant to s194(1)(d) of the Public Service Act 2008 (Qld), the Commissioner addressed a contention that the decision-maker failed to give proper consideration to a number of human rights, as evidenced by a lack of any express reference to human rights in the transfer decision. Citing Hutchison v State of Queensland (Queensland Health) [2021] QIRC 317, the Commissioner expressed a view that it was not always necessary for a decision-maker to write in great detail about the consideration of human rights particularly if the decision-maker has come to the conclusion that human rights are not interfered with: at [65]. The Commissioner rejected the lack of express reference to human rights as grounds rendering a decision unreasonable and, following that line of reasoning, determined there was no utility in returning the transfer decision to the decision-maker to reissue the transfer decision with an expanded explanation regarding the consideration of human rights: at [66]. The Commissioner did find the transfer decision was not reasonably open to the decision-maker, but for other reasons.

Visit the judgement: ST v State of Queensland (Department of Education) [2023] QIRC 004