From X.
The Commissioner's evidence didn't show that she gave proper consideration to human rights legislation so to limit personal liability to those that breached them the judge ruled the directions unlawful.
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The Qld Supreme Court has held the Qld Police Commissioner's decisions to to issue a direction for cops to be jabbed was unlawful under s 58(1)(b) of the Human Rights Act 2019 (Qld), which requires public entities to "give proper consideration to a human right relevant to the decision.
”In making the direction, the Commissioner relied on advice received from the Deputy Commissioner, which assured the Commissioner that a mandatory direction by her would be compatible with human rights under the Human Rights Act 2019 (Qld)
However, because the the Commissioner's evidence did not demonstrate that she give proper consideration to the human rights that might have been affected, Martin SJA found that the "making of the decisions" [to issue the directions] were unlawful.
The declarations, however, were not found to be invalid. No finding of invalidity was available, because there was no 'jurisdictional error' (ie, the orders were not beyond the legislative powers of the Police Cmsr).
In the end, the orders were confined: the court made declarations that the directions were unlawful.
That, it was said, was the best way to recognise the applicants' claims that they were concerned that breaches of the directions would expose them to liability.
