Sunny v State of Queensland (Queensland Health) [2022] QIRC 119

Date: 1 April 2022
Tribunal: Queensland Industrial Relations Commission
Tribunal Member: McLennan IC
Human Rights Act 2019 (Qld) Sections: ss 13, 48, 58
Rights Considered: N/A
Other Legislation: Industrial Relations Act 2016 (Qld) ss 451, 562B, 562C, 564; Public Service Act 2008 (Qld) ss 137, 194; Workplace Health and Safety Act 2011 (Qld) ss 28, 47; Health Employment Directive No. 12/21 cls 6, 7, 8, 10
Keywords: Political freedoms: Freedom of religion, thought, conscience, and belief; Public Law Considerations: COVID-19 Directions; Education, Training and Employment

The appellant, a Registered Nurse, appealed against Queensland Health’s decision which denied him an exemption from complying with a vaccination directive, which he requested on the basis of his religious beliefs: at [7], [8], [13], [31]. As an aspect of the appeal, the appellant alleged that his human rights were breached through religious discrimination: at [36]. The Member quoted from the original decision, which acknowledged potential limitations on the appellant’s rights to freedom of expression and freedom of religion: at [55]. However, the Member considered s 13 of the Human Rights Act (Qld) and upheld the decision on the basis that any limitation on these rights was justified by competing serious interests in relation to COVID-19: at [41], [52], [53], [59], [61]. The Member did not further substantively comment on human rights.

Visit the judgment: Sunny v State of Queensland (Queensland Health) [2022] QIRC 119