Lamb v State of Queensland (Queensland Health)

In this case, Ms Lamb appealed against a decision by Queensland Health (the respondent) to reject her application for an exemption from the COVID-19 vaccination requirements set out in Health Employment Directive No 12/21 (the Directive). Ms Lamb sought an exemption on the basis of other exceptional circumstances, citing health issues. The respondent rejected her application as she did not provide supporting medical documentation and did not have a recognised medical contraindication to the vaccination. The matter was heard by the Queensland Civil and Administrative Tribunal (QCAT).

The key legal issues before the court were whether the decision to reject the exemption application was fair and reasonable, and whether the decision-maker was entitled to rely on the absence of medical documentation in making the decision. Additionally, the court had to consider whether the decision to reject the exemption application was within the scope of the powers granted to the respondent under the Public Service Act 2008 (Qld) and the Hospital and Health Boards Act 2011 (Qld).

The QCAT found that the decision to reject the exemption application was fair and reasonable as Ms Lamb had not provided any supporting medical evidence or documentation for the decision-maker to consider. The tribunal held that the decision-maker was entitled to rely on the absence of medical documentation in making the decision, as the Directive required such documentation to be provided for an exemption to be granted. The QCAT also found that the decision to reject the exemption application was within the scope of the powers granted to the respondent under the relevant Acts.

As a result, the QCAT confirmed the decision appealed against and revoked the stay of the decision issued on 22 March 2022. The tribunal held that the decision to reject the exemption application was fair and reasonable, and that the respondent was entitled to rely on the absence of medical documentation in making the decision. The tribunal also found that the decision to reject the exemption application was within the scope of the powers granted to the respondent under the relevant Acts.

This case highlights the importance of providing adequate supporting documentation when seeking an exemption from mandatory vaccination requirements, and the need for public service employees to comply with relevant directives and legislation. The decision also emphasises the role of the QCAT in reviewing the fairness and reasonableness of decisions made by public service employers.