Thomson v State of Queensland (Department of Education) [2022] QIRC 402

Date: 21 October 2022
Court/Tribunal: Queensland Industrial Relations Commission
Tribunal Member: McLennan IC
Human Rights Act 2019 (Qld) Sections: ss 13, 19, 23, 25
Rights Considered: Freedom of movement; Taking part in public life; Right to privacy and reputation
Other Legislation: Crimes Act 1900 (ACT); Crimes (Aviation) Act 1991 (Cth); Industrial Relations Act 2016 (Qld) ss 562B, 562C; Public Service Act 2008 (Qld) ss 25, 103, 137, 187, 194; Working with Children (Risk Management and Screening) Act 2000 (Qld) s 221; Directive 16/20
Keywords: Education, Training and Employment

This matter concerned the appeal of the respondent’s decision to continue the appellant’s suspension without remuneration for a further six months. The Commissioner considered the statutory requirements binding the respondent and found that respondent did not comply with all requirements. The appellant referred to their right to freedom of movement (section 19), right to take part in public life (section 23) and their right to privacy and reputation (section 25) under the Human Rights Act 2019 (Qld). The respondent asserted that any limitation to these human rights caused by their decision was reasonable and demonstrably justifiable when balancing the rights of others including staff and student safety and the broader interests of the public. The Commission did not engage in any substantive discussion in respect of the appellant’s human rights.

Visit the judgment: Thomson v State of Queensland (Department of Education) [2022] QIRC 402