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  4. LP v State of Queensland (Queensland Health) (No. 2) - [2023] QIRC 82

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LP v State of Queensland (Queensland Health) (No. 2)[2023] QIRC 82

LP v State of Queensland (Queensland Health) (No. 2)[2023] QIRC 82

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:

LP v State of Queensland (Queensland Health) (No. 2) [2023] QIRC 082

PARTIES:

LP

(Appellant)

v

State of Queensland (Queensland Health)

(Respondent)

CASE NO:

PSA/2022/92

PROCEEDING:

Public Service Appeal – Application to reopen matter

DELIVERED ON:

14 March 2023

MEMBER:

Hartigan DP

HEARD AT:

On the papers

ORDER

I direct that the reasons for decision in LP v State of Queensland (Queensland Health) [2022] QIRC 432 be amended as follows:

  1. (a)
    the name of the agency be redacted from paragraph [1];
  1. (b)
    the date of the Appellant’s commencement of employment be redacted from paragraph [2]; and
  1. (c)
    the particulars of the Appellant’s personal circumstances be redacted from paragraph [14].

CATCHWORDS:

PUBLIC SERVICE – EMPLOYEES AND SERVANTS OF THE CROWN GENERALLY – public service appeal – where a decision was released to the parties on 9 November 2022 – where appellant filed an application seeking that the matter be reopened – where the appellant requested that further orders be made with respect to the suppression of her identity – application granted.

LEGISLATION:

Industrial Relations Act 2016 (Qld), s 451

Industrial Relations (Tribunals) Rules 2011 (Qld), r 97

Public Service Act 2008 (Qld), s 194

Public Sector Act 2022 (Qld), s 131

CASES:

LP v State of Queensland (Queensland Health) [2022] QIRC 432.

Reasons for Decision

Introduction

  1. [1]
    On 20 January 2022, the Appellant filed an appeal against a decision made by the State of Queensland ('the Department') to suspend the Appellant without normal remuneration.
  1. [2]
    The appeal was commenced in the context of the Appellant allegedly failing to comply with a direction which required the Appellant to comply with the requirements of the Health Employment Directive No. 12/21 – Employee COVID-19 vaccinations requirements (‘Directive 12/21’).
  1. [3]
    On 20 April 2022, the Appellant filed an application seeking that her identifying information be suppressed from publication by the Queensland Industrial Relations Commission in relation to an appeal brought pursuant to s 194(1)(bb) of the Public Service Act 2008 (Qld) (‘the PS Act’).[1]
  1. [4]
    By email correspondence dated 8 June 2022, the Appellant advised the Industrial Registry that the Department had made a decision to terminate her employment with immediate effect on 31 May 2022. 
  1. [5]
    On 13 June 2022, I listed the matter for mention to hear from the parties in relation to the matters raised by the Appellant in the email correspondence dated 8 June 2022.
  1. [6]
    Following the mention, I provided the Appellant with seven days to consider her position with respect to the appeal and to advise the Commission as to whether she wished to discontinue the appeal.
  1. [7]
    The Commission did not receive any notification from the Appellant with respect to the appeal nor was a Notice of Discontinuance filed by the Appellant.
  1. [8]
    On 9 November 2022, I released a decision in these proceedings, LP v State of Queensland (Queensland Health)[2], where I issued the following orders:
  1. I prohibit the publication of the identity of the Appellant.
  1. I direct that only the reasons for decision and orders excluding the Appellant's name be released by the Queensland Industrial Relations Commission.
  1. Pursuant to s 562A(3)(b)(iii) of the Industrial Relations Act 2016, the Appellant's appeal will not be heard.
  1. [9]
    Specifically, the reasons for decision did not refer to or state the Appellant’s name or position that she held at the relevant time.
  1. [10]
    By email correspondence dated 10 November 2022, the Appellant advised the Industrial Registry that she was of the understanding that a decision would not be published if she did not proceed with the appeal. On receipt of the Appellant’s email, a decision was made not to publish a copy of the decision released to the parties on 9 November 2022 on the Supreme Court Library website until the Commission had heard further from the Appellant with respect to her concern.
  1. [11]
    On 15 November 2022, I listed the matter for mention. In the mention, the Appellant stated the following:

So my understanding was that if I was not proceeding, that there would be no published information in regards to my matter and I thought by- by opting out of all of it, that nothing further was going to happen so I was under the impression that there would be nothing. So when I received that email last week, I was actually quite shocked and worried that it was now going to be made public.[3]

  1. [12]
    The Appellant advised that she would like to have the matter reopened and requested that further orders be made with respect to the suppression of her identity. I provided the Appellant with 14 days to file an application to reopen the proceedings. 
  1. [13]
    Following the mention, directions were issued by the Commission requiring the parties to file written submissions in support of their position with respect to the application.
  1. [14]
    At the request of the Appellant, the Commission granted her an extension to file an application.
  1. [15]
    On 2 February 2023, the Appellant filed an application requesting that certain information regarding the name of the agency, the commencement date of her employment and general personal circumstances in the decision dated 9 November 2022 be suppressed from publication.
  1. [16]
    The Department submits that it does not oppose the application to reopen the matter and the orders sought by the Appellant.
  1. [17]
    I have previously determined that the circumstances of this matter are such that it is appropriate to issue orders suppressing the identity of the Appellant.[4] The further orders sought by the Appellant are consistent with the previous orders made on 9 November 2022 and are not objected to by the Respondent.
  1. [18]
    Accordingly, I make the following orders:

  1. I direct that the reasons for decision in LP v State of Queensland (Queensland Health) [2022] QIRC 432 be amended as follows:

  1. (a)
    the name of the agency be redacted from paragraph [1];
  1. (b)
    the date of the Appellant’s commencement of employment be redacted from paragraph [2]; and
  1. (c)
    the particulars of the Appellant’s personal circumstances be redacted from paragraph [14].

Footnotes

[1] The Public Service Act 2008 (Qld) has since been repealed and the equivalent provision currently applicable is s 131 of the Public Sector Act 2022 (Qld).

[2] LP v State of Queensland (Queensland Health) [2022] QIRC 432.

[3] T1-2, ll 44-48.

[4] LP v State of Queensland (Queensland Health) [2022] QIRC 432.

Close

Editorial Notes

  • Published Case Name:

    LP v State of Queensland (Queensland Health) (No. 2)

  • Shortened Case Name:

    LP v State of Queensland (Queensland Health) (No. 2)

  • MNC:

    [2023] QIRC 82

  • Court:

    QIRC

  • Judge(s):

    Hartigan DP

  • Date:

    14 Mar 2023

Appeal Status

Please note, appeal data is presently unavailable for this judgment. This judgment may have been the subject of an appeal.

Cases Cited

Case NameFull CitationFrequency
LP v State of Queensland (Queensland Health) [2022] QIRC 432
5 citations
Jump To
Cite 1 - [2022] QIRC 432
Cite 2 - [2022] QIRC 432
Cite 3 - [2022] QIRC 432
Cite 4 - [2022] QIRC 432
Cite 5 - [2022] QIRC 432

Cases Citing

No judgments on Queensland Judgments cite this judgment.

1

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