Francis v State of Queensland (Department of Justice and Attorney-General)

In Francis v State of Queensland (Department of Justice and Attorney-General), the appellant, Mr Francis, sought a permanent appointment to the position of Crown Prosecutor, classification PO5, after acting in that capacity for a period exceeding one year. The respondent, the State of Queensland, did not make a decision within the required period, leading to an implied refusal under section 149C(6) of the Public Service Act 2008. Mr Francis appealed this decision, arguing that it was neither fair nor reasonable under section 562B(3) of the Industrial Relations Act 2016.

The court needed to determine whether section 149C of the Public Service Act 2008 permits appointment to any position of the same title and classification level or if the appointment must be to the specific position in which the employee was acting at the time of the request. The court also needed to consider whether the decision to refuse the request was fair and reasonable, taking into account the genuine operational requirements of the Department.

The court concluded that the narrow construction of section 149C of the Public Service Act 2008 was correct, meaning that an appointment can only be to the specific position in which the employee was acting at the time of the request. The assessment of the genuine operational requirements, as per section 149C(4A)(a), pertains to the specific position in which the employee is relieving. The court found that the decision to refuse Mr Francis' request was fair and reasonable, given the operational requirements of the Department. The decision was affirmed under section 562C(1)(a) of the Industrial Relations Act 2016.

Pursuant to section 562C(1)(a) of the Industrial Relations Act 2016, the decision appealed against is confirmed.