Westacott v State of Queensland (Queensland Health)

In this appeal, Dr Westacott challenged a decision by the respondent not to convert his employment status from fixed term temporary to general employment. The appeal was heard and determined by the Queensland Civil and Administrative Tribunal (QCAT). The central issue before the Tribunal was whether the decision-maker complied with the statutory provisions governing the review of the employee’s status under section 149B of the Public Service Act 2008 (Qld).

The Tribunal held that the decision-maker did not comply with the statutory timeframes for making a decision on the employee's status. Section 149B of the Public Service Act 2008 (Qld) requires the department’s chief executive to make a decision within 28 days after the end of each period of continuous employment as a fixed term temporary employee. The Tribunal found that the decision-maker failed to make the decision within this required period, which resulted in a deemed refusal under the statute. Moreover, the Tribunal determined that the decision not to convert Dr Westacott’s employment was premature and not fair and reasonable, as it did not adhere to the statutory provisions.

Consequently, the Tribunal set aside the decision, returned the matter to the decision-maker, and directed the department’s chief executive or their delegate to ensure all future reviews of the employee's status are performed in strict compliance with the statutory provisions. The Tribunal emphasised the importance of adhering to the mandated timeframes to ensure the decision-making process is fair and reasonable.