On my Facebook page I said that this blog had been quiet due to a lack of new cases to report on and questions.  In response I received a number of questions which I’ll answer over the next few days.  The first is:

Do the court rulings in Queensland regarding paramedics, fire-fighters and police being unlawfully dismissed against their human rights. Because of covid mandates have any bearing on NSW which has no human rights in place?

If my correspondent is referring to the decision in Johnston & Ors v Carroll (Commissioner of the Queensland Police Service) & Anor; Witthahn & Ors v Wakefield (Chief Executive of Hospital and Health Services and Director General of Queensland Health); Sutton & Ors v Carroll (Commissioner of the Queensland Police Service) [2024] QSC 2 (27 February 2024) (discussed in my post Covid directions to QAS and QPS employees held to be unlawful (February 27, 2024)) then the answer is ‘no’.

The decision in that case, in particular relating to the police, depended on the terms of the Human Rights Act 2019 (Qld).  In that case the court found that there were sufficient grounds to make the orders requiring police to obtain COVID-19 vaccinations. The problem was that the then Police Commissioner did not record that she had given proper consideration to the human rights implications of that decision.  If she had, she would have been justified in giving the direction. 

The Ambulance case also turned on the Commissioner’s understanding of where he got the power to give the relevant direction.  In particular if it was a direction to employee’s it had to be reasonable and the Commissioner did not lead sufficient evidence to show that the decision was ‘reasonable’.

The issue in both cases was very much about the ‘form’ rather than the ‘substance’ of the decision. Failure to comply with the specific requirements of the Queensland legislation have no implication in NSW.

It should also be noted that the decision has little application in Queensland other than for the plaintiffs in those cases.  As noted in my post Finding that QAS COVID directions not lawfully made does not have a retrospective effect (December 17, 2024) the finding in Johnston and ors did not give police who had been dismissed prior to that decision a remedy or a right to be reinstated.

Proudly supported by (in alphabetical order) the Australasian College of Paramedicine, the Australian Paramedics Association (NSW), the Australian Paramedics Association (Qld), Natural Hazards Research Australia, NSW Rural Fire Service Association and the NSW SES Volunteers Association. I am responsible for the content in this post including any errors or omissions. Any opinions expressed are mine, and do not necessarily reflect the opinion or understanding of these supporters.

This blog is a general discussion of legal principles only.  It is not legal advice. Do not rely on the information here to make decisions regarding your legal position or to make decisions that affect your legal rights or responsibilities. For advice on your particular circumstances always consult an admitted legal practitioner in your state or territory.