Colebourne v State of Queensland (Queensland Police Service)

The case of Colebourne v State of Queensland (Queensland Police Service) involved an appeal against the decision to cancel the secondment of Ms Colebourne from her position as an Injury Management Advisor in the Queensland Police Service. Ms Colebourne had been seconded to this position and was required to receive a COVID-19 vaccination, a mandate issued by the Commissioner of the Queensland Police Service. When her application for an exemption from this requirement was denied, she was suspended with remuneration and subsequently, her secondment was cancelled. This cancellation decision was the subject of her appeal under the Public Service Act 2008.

The primary legal issue was whether the decision to cancel Ms Colebourne's secondment was fair and reasonable. Specifically, it was argued that the decision failed to observe the principles of natural justice, which include the right to be heard and the absence of bias. The court needed to determine whether these principles were applicable to the exercise of the discretion to cancel the secondment under section 120(4) of the Public Service Act 2008, and if so, whether they had been properly observed in this instance.

The court found that the principles of natural justice did apply to the decision to cancel Ms Colebourne's secondment. The court concluded that the decision was not fair and reasonable because it did not comply with these principles. The court held that Ms Colebourne was entitled to be heard before the decision was made, and that the decision-maker, Superintendent Lawrence, had taken into account irrelevant considerations and made erroneous findings. Consequently, the decision to cancel her secondment was set aside, and the matter was directed to be reconsidered by a different decision-maker who must comply with the principles of natural justice.

The final orders of the court included setting aside the decision to cancel Ms Colebourne's secondment, directing that the matter be reconsidered by a new decision-maker who must observe the principles of natural justice, and returning the matter to the original decision-maker with a copy of the appeal decision. This ensures that Ms Colebourne's right to a fair and reasonable process is upheld.