Fletcher v State of Queensland (Queensland Health) [2023] QIRC 045
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Title
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Fletcher v State of Queensland (Queensland Health) [2023] QIRC 045
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Date
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February 14, 2023
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Summary
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The appellant in this case had sought an exemption to mandatory vaccination requirements on the basis of exceptional circumstances. These circumstances included concerns regarding a lack of consultation, safety, and efficacy of the vaccine, and the incursion upon the appellant’s human rights. The appellant asserted that mandatory vaccinations were a breach of section 17 of the Human Rights Act 2019 (Qld) which provided the right to protection from torture and cruel, inhuman or degrading treatment. The Commission held that the respondent had given proper consideration of the appellant’s human rights in their decision to refuse the exemption application. The Commission confirmed the respondent’s conclusion that any limitation upon the appellant’s human rights caused by the decision was justified by the purpose of ensuring the readiness of the health system responding to COVID-19, and to protect the lives of employees, patients and the community.