Elsworthy v State of Queensland (Queensland Ambulance Service) [2022] QIRC 412
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Title
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Elsworthy v State of Queensland (Queensland Ambulance Service) [2022] QIRC 412
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Date
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October 28, 2022
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Summary
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This matter concerned an application for a review of a decision from the respondent to refuse to exempt the applicant from the required doses of the COVID-19 Vaccination. The Commissioner did not engage in any substantive discussion in respect to the applicant’s human rights. Although the applicant refers to their human rights more broadly (i.e., right to safety and informed consent), they did not refer to any specific right under the Human Rights Act 2019. The respondent did, however, consider the right to protection from torture and cruel, inhuman or degrading treatment (section 17), the right to recognition and equality before the law (section 15), and the right to take part in public life (section 23), however, it was determined to be reasonably justified. The Commissioner was satisfied that the respondent had made the decision in a way that was compatible with human rights, acknowledging that the decision does not itself compel a person to be vaccinated but rather, imposes employment consequences on those working within the Queensland Ambulance Services that require vaccination except in extenuating circumstances, a requirement both necessary and justified in the context of a global pandemic.
