Hunt v Dr John Gerrard, Chief Health Officer; Ishiyama v Dr Peter Aitken, Former Chief Health Officer; Baxter v Dr John Gerrard, Chief Health Officer

This case involved three appellants who challenged decisions made by the Chief Health Officer (CHO) during the COVID-19 pandemic in Queensland. The appellants sought statements of reasons for the CHO’s decisions under the Judicial Review Act 1991 (Qld). The primary issue before the court was whether the CHO’s decisions were of an administrative character, entitling the appellants to a statement of reasons, or whether they were legislative in nature, exempt from such a requirement. The court had to determine whether the CHO’s decisions to issue public health directions under the Public Health Act 2005 (Qld) were administrative or legislative actions.

The court examined the nature of the CHO’s powers under section 362B of the Public Health Act 2005 (Qld), focusing on whether these powers were administrative or legislative. The court concluded that the CHO’s decisions were administrative because they involved the exercise of powers granted by statute, subject to limitations and conditions. The court noted that the powers were only exercisable upon the establishment of a jurisdictional fact, required a particular state of mind from the decision-maker, and were limited by subject matter, purpose, and time. The Explanatory Notes to the relevant legislation also supported the view that the powers were intended to be administrative, aimed at enabling swift and targeted responses to the pandemic. The court found that the CHO’s decisions to issue public health directions were administrative in character, thus entitling the appellants to a statement of reasons.

Based on the court’s reasoning, it was determined that the CHO’s decisions were indeed of an administrative nature. Consequently, the appellants were entitled to statements of reasons for these decisions. The appeals were dismissed as the court found no error in the CHO’s decisions that warranted the issuance of statements of reasons.