Tilley v State of Queensland (Queensland Health)

In the case of Tilley v State of Queensland (Queensland Health), the appellant, a laboratory technician employed by Queensland Health, contested the decision to deny her exemption from the requirement to receive the COVID-19 vaccine. The appellant had failed to comply with the Health Employment Directive 12/21, which mandated that she receive the first dose of the vaccine by 30 September 2021 and the second dose by 31 October 2021. She sought an exemption on the basis of a medical contraindication to COVID-19 vaccines and a sincerely held religious belief. The initial application for exemption was denied, and an internal review upheld this decision. The appellant appealed this outcome, arguing that the initial decision was unfair.

The central legal issues in this case revolved around the validity of the decision to deny the exemption and the procedural fairness of the internal review process. The court had to determine whether the decision was made in accordance with relevant directives and whether the internal review process was conducted fairly. Additionally, the court considered whether the appeal had any prospects of success, as the appellant's submissions mirrored those unsuccessfully raised by other appellants before the commission.

The court found that the decision to deny the exemption was made in accordance with the Health Employment Directive 12/21 and that the internal review process was fair. The court also determined that the appeal lacked prospects of success because the arguments presented were similar to those previously rejected. Consequently, the appeal was dismissed, and the application for suppression was refused.

As a result, the appeal was not heard under section 562A(3) of the Industrial Relations Act 2016 (Qld). The decision to deny the exemption and the internal review process were upheld, and the appeal was dismissed with no orders for suppression.