Clark v State of Queensland (Queensland Health)

Mr Clark, an employee of the Queensland Health, sought exemption from the mandatory COVID-19 vaccination requirement under Health Employment Directive No 12/21. His application was rejected by the Respondent, and he subsequently appealed against the decision, claiming it was unfair and unreasonable. The appeal was heard by the Industrial Relations Commission of Queensland. The primary legal issue was whether the Respondent's decision to reject Mr Clark's exemption application was fair and reasonable. Specifically, the Court needed to determine if the decision-maker had properly considered Mr Clark's religious beliefs and exceptional circumstances as required by the Directive.

The Court found that the decision was flawed as the decision maker did not meaningfully consider Mr Clark's religious beliefs and the decision did not contain a written analysis of how his religious beliefs were considered. The Court also noted that the decision did not adequately disclose the basis on which it was made, which rendered it unfair and unreasonable. Consequently, the Court set aside the Respondent's decision and returned the matter to a new decision maker for a fresh internal review. The decision maker was directed to conduct the review by a specified date and provide Mr Clark with a copy of the appeal decision.