Stys v State of Queensland (Queensland Ambulance Service) [2022] QIRC 265

Date: 13 July 2022
Tribunal: Queensland Industrial Relations Commission
Tribunal Member: McLennan IC
Human Rights Act 2019 (Qld) Sections: ss 13, 17.
Rights Considered: Right to protection from torture and cruel, inhuman or degrading treatment.
Other Legislation: Industrial Relations Act 2016 (QLD) ss 451, 562B, 562C, 564; Public Service Act 2008 (QLD) s 194; QAS HR Policy Employee COVID-19 Vaccination Requirements cl 2, cl 3, cl 5; QAS HR Procedure – COVID-19 Vaccine Requirements cl 13.
Keywords: Public Law Considerations: COVID-19 Directions.

This matter concerned an appeal brought against the Queensland Ambulance Service’s policy of mandatory COVID-19 vaccination.

The Appellant submitted that, inter alia, her human rights had not been properly considered. Section 17 – the right to protection from torture and cruel, inhuman or degrading treatment – of the Human Rights Act 2019 (QLD) was explicitly raised by the Appellant: at [24].

The Respondent submitted that to the extent the Appellant’s human rights were impacted, those impacts were reasonably justified in light of the purpose of the Policy: at [26].

The Tribunal was satisfied that the Respondent’s initial consideration of the Appellant’s human rights was reasonable, and the limitations of her rights was justified in the circumstances pursuant to section 13 of the Human Rights Act 2019 (QLD).

The appeal was dismissed.

Visit the judgment: Stys v State of Queensland (Queensland Ambulance Service) [2022] QIRC 265