Schonfelder v State of Queensland (Department of Housing and Public Works)

The case of Schonfelder v State of Queensland (Department of Housing and Public Works) involved the appellant, Mr Schonfelder, who was employed in the role of AO7, Principal Advisor within Building Legislation and Policy, BPAM. Mr Schonfelder had been acting in the role of AO8, Manager within Building Legislation and Policy, BPAM, since 27 August 2018, which was backfilled due to the substantive employee relieving in an alternative position. The dispute centred on the decision by the Deputy Director-General, Building Policy and Asset Management, not to appoint Mr Schonfelder to the AO8 position permanently. This decision was based on the grounds that Mr Schonfelder's acting in the AO8 role was deemed temporary. Mr Schonfelder appealed this decision, arguing that it was not fair or reasonable.

The legal issues before the court were primarily concerned with the interpretation and application of Section 149C of the Public Service Act 2008 (Qld). The court had to determine whether Mr Schonfelder's acting in the AO8 role constituted a temporary employment situation as defined by the statute and whether the decision not to appoint him permanently was fair and reasonable. Additionally, the court considered relevant directives, including Directive 13/20, cl 1.2, cl 4.2, cl 6, cl 7, and cl 11, which govern the appointment of public service employees acting in positions with higher classification levels.

The court found that the decision not to appoint Mr Schonfelder to the AO8 position was neither fair nor reasonable. The reasoning behind this decision was that Mr Schonfelder had been acting in the AO8 role for an extended period, exceeding one year, and his engagement had been extended eighteen times. There were no performance concerns regarding his acting in the AO8 role, and it was evident that the placement was not temporary as per the statutory definition. The court held that the Deputy Director-General had not adequately considered the genuine operational requirements of the department and the reasons for previous decisions made under Section 149C. Consequently, the court allowed the appeal and set aside the original decision, substituting it with an order for Mr Schonfelder's permanent appointment to the AO8 position in accordance with Section 149C of the Public Service Act 2008 (Qld).