Brasell-Dellow & Ors v State of Queensland, (Queensland; Police Service)

The case of Brasell-Dellow & Ors v State of Queensland involved a challenge to a direction issued by the Commissioner of Police under the Police Service Administration Act 1990 (Qld). The direction mandated that all other staff, unless exempted, must receive a first dose of the COVID-19 vaccine by 4 October 2021, as per Direction 12. This mandate was issued amidst an unsuccessful conciliation process, leading to the applicants seeking arbitration by a Full Bench of the court. The central issue before the court was whether the direction issued by the Commissioner was lawful.

The legal issues at hand required the court to determine whether the direction complied with the applicable legislation, particularly considering the Work Health & Safety Act 2011. The applicants argued that the direction was unlawful on several grounds, including that it contravened the aforementioned Act. The court needed to examine the validity of the direction and the authority of the Commissioner in issuing such a mandate.

In its reasoning, the court found that the Commissioner had the authority to issue the direction under the Police Service Administration Act 1990 (Qld). The court further held that the direction did not contravene the Work Health & Safety Act 2011. Consequently, all grounds of the challenge were dismissed, leading to the conclusion that the Commissioner's direction was lawful. As a result, both applications to challenge the direction were dismissed.

The final orders of the court were clear and straightforward. Both applications, D/2021/130 and D/2021/131, were dismissed. The court's decision upheld the Commissioner's direction, affirming that it was issued within the legal framework provided by the relevant Acts.