Dawson v State of Queensland (Department of Premier and Cabinet)

Dawson v State of Queensland (Department of Premier and Cabinet) is an industrial law matter heard by the Queensland Industrial Relations Commission. The Applicant, Dawson, filed a substantive application seeking relief under the Public Interest Disclosure Act 2010 (Qld) (PID Act). The Respondent, the State of Queensland (Department of Premier and Cabinet), applied for the dismissal of Dawson's substantive application, which was granted by the Commission. The Respondent now seeks an order for costs against the Applicant pursuant to s 545 of the Industrial Relations Act 2016 (Qld).

The court was required to decide whether the Applicant's application was vexatious or made without reasonable cause, as per s 545(2)(a)(ii) of the Industrial Relations Act 2016 (Qld). Specifically, the court had to consider whether it would have been reasonably apparent to the Applicant that the application had no reasonable prospect of success. The Respondent argued that the Applicant's application was brought on a footing which was misconceived and doomed to fail, lacking in merit or substance.

The court found that the Applicant's application was indeed vexatious or made without reasonable cause. The court noted that the Applicant failed to identify any breach of the Industrial Relations Act or an industrial instrument under that Act, as required under s 48(1)(b) of the PID Act. The Applicant also did not engage s 314 of the Industrial Relations Act. The court held that the PID Act is not an 'industrial law' for the purposes of the Industrial Relations Act, and the Applicant did not take part in a 'proceeding under this industrial law' by making a public interest disclosure. The Applicant had not identified a 'workplace right' or breach of s 285 of the Industrial Relations Act, and had not identified any other adverse action.

The following orders were made:
1. The Applicant pay the Respondent's costs of and incidental to these proceedings on the standard basis, calculated on the scale of costs for the Magistrates Courts under the Uniform Civil Procedure Rules 1999 (Qld).
2. The costs be in an amount agreed, or if the parties fail to reach agreement within 14 days of this decision on costs, the Respondent is to file in the Industrial Registry and serve on the Applicant its schedule of costs claimed within 28 days of this decision on costs; the Applicant is to file and serve any objection to the costs claimed within 21 days of being served with the schedule of the costs claimed; and costs are to be assessed by the Industrial Registrar following an Application for Costs Assessment being made by the Respondent.
3. The Applicant is to pay the Respondent's costs of any assessment.
4. Any costs agreed or assessed are to be paid within 28 days of agreement or assessment.