Godwin v State of Queensland (Queensland Health)

The case involved an appeal by Mr Godwin against a decision by the State of Queensland (Queensland Health) that refused his application for an exemption from the mandatory COVID-19 vaccination requirements outlined in Health Employment Directive No 12/21. Mr Godwin sought an exemption on the basis of "other exceptional circumstances" and provided evidence of his medical history, expressing concerns about the safety, efficacy, and long-term effects of the COVID-19 vaccines. The appeal was heard by the Queensland Civil and Administrative Tribunal (QCAT) under the provisions of the Industrial Relations Act 2016 (Qld).

The primary legal issue for the tribunal to decide was whether the decision to refuse the exemption was fair and reasonable, given the evidence provided by Mr Godwin. The tribunal had to consider whether it was open to the decision maker to refuse the exemption application based on the information provided. The tribunal also had to determine whether the decision was in accordance with the Health Employment Directive No 12/21 and whether it was procedurally fair.

The tribunal found that Mr Godwin had not provided evidence of a medical contraindication that would preclude him from safely receiving a COVID-19 vaccine. It was open on the material before the decision maker to refuse the exemption application. The tribunal also found that the decision was fair and reasonable, as it was based on the evidence presented and was in accordance with the Directive. The tribunal concluded that the decision maker had considered the relevant factors and had exercised their discretion appropriately.

The tribunal confirmed the decision of the State of Queensland (Queensland Health) to refuse the exemption application. The tribunal found that the decision was fair and reasonable, and that it was not open to the tribunal to substitute a different decision. The tribunal also found that the decision was procedurally fair and that the decision maker had considered the relevant factors and had exercised their discretion appropriately.