Turay v Workers’ Compensation Regulator (No 2) [2023] ICQ 019

Date: 15 August 2023
Court: Industrial Court of Queensland
Judicial Officer/Tribunal Member: Davis J, President
Human Rights Act 2019 (Qld) Sections: s 48
Rights Considered: N/A
Other Legislation: Criminal Code (Qld) s 668E; Industrial Relations Act 2016 (Qld) ss 407, 409-10, 412-4, 418, 421, 424-8, 448, 451, 484-5, 536, 539, 544, 550-1, 554, 556-60, 564-567; Judicial Review Act 1991 (Qld); Workers’ Compensation and Rehabilitation Act 2003 (Qld) s 131, 549, 560A, 561, 562, 563, 564
Keywords: Education, Training and Employment

The case concerned two applications and a second appeal of a decision by the Queensland Industrial Relations Commission regarding a claim for worker’s compensation after termination of employment as a registered nurse. The claim had been made some sixteen months late due to the appellant having suffered incapacitating mental health issues. The appellant had submitted that her human rights were being violated by a denial of a right to appeal. The Court considered that international conventions did not form a part of the domestic law of Queensland and that the appellant’s reliance on them was misplaced. Accordingly, the Human Rights Act 2019 (Qld) did not recognise a human right to an appeal. The appellant had already had her appeal; the right would only be relevant to the interpretation of the Industrial Relations Act 2016 (Qld); the legislation was clear and could not be construed consistently with any right to reopen a concluded appeal. The Court ultimately struck out the appeal.

Visit the judgement: Turay v Workers’ Compensation Regulator (No 2) [2023] ICQ 019