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Queensland Human Rights Commission claims vaccine mandate outside CHO’s power


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The Courier Mail has reported that the Human Rights Commission (Commission) has sensationally intervened in the Supreme Court challenge brought by educators – believing the CHO has gone too far. According to reports, the Commission claimed the vaccine mandate for teachers and childcare workers was outside the Chief Health Officer (CHO) John Gerrard’s powers under the Public Health Act 2005. The Commission further stated that the right of the CHO to give such directions was conditional based on reasonable and demonstrably justifiable limits upon human rights and that based on the present evidence, the CHO’s mandates were not justified.

The intervention comes after Justice Dean Dalton ruled the CHO did not have to provide justification for his decisions as vaccine directions were legislative, not administrative in nature.

Although this intervention is welcome news, some on social media believe the Commission should have acted much earlier. Facebook posts have suggested the Commission is attempting to improve their image after failing to step in during the early stages of the mandates. Others believe this is more gaslighting by a government struggling to maintain control of a crumbling narrative.

Tweets in response to the Courier Mail article about ‘bombshell intervention in teacher vaccine challenge’ show just how unpopular these mandates are. One person tweeted ‘about time none of the mandates are justified’ and another said ‘and so it unravels’. There is a rising belief across social media that the ‘vaccine mandates are political not health related’. This sentiment could be justified given mandates ‘didn’t stop transmission’. People are frustrated over the mandates, stating ‘our schools are in crisis but not from covid. Because of the useless mandates. Let teachers work!

According to the Australian Human Rights Commission, it can be unlawful to require an employee to be vaccinated and that ‘the need for vaccination should be assessed on a case-by-case basis, taking into account the nature of the workplace and the individual circumstances of each employee’.

It goes on to say that the Commonwealth Sex Discrimination Act 1984, the Disability Discrimination Act 1992, and Age Discrimination Act 2004 makes it unlawful to discriminate on the grounds of pregnancy, disability, and age, including employment – with disability broadly defined as including past, present, and future disabilities. Strict rules or conditions that impose mandates on these groups may result in ‘indirect discrimination’.

One key test to reasonableness about imposing mandates is whether alternative methods can be used to achieve the same goal. It also seeks to determine whether an ‘unjustifiable hardship’ would be placed on the employer.

The Queensland Human Rights Commission holds concerns about the impacts of vaccine mandates and other measures on human rights but does not have the power to direct government to change decisions – only make recommendations. These recommendations include those provided in response to the controversial extension of the Public Health and Other Legislation (Extension of Expiring Provisions) Amendment Bill 2022. The Commission called for the Queensland Government to replace the Bill with more transparent, accountable, and human rights compatible legislation. It also recommended that the Bill should not be extended given insufficient justification to continue to limit human rights.



  1. I’m with the human rights commission, Scott Morrison needs to go, so does Greg Hunt as they have failed the Australian people with this vax mandate. In all the years of injections, no injection has been made compulsory except this one. All doctors are immune from being sued for vax deaths and adverse reactions. so what is really going on? There is no transparency from either State or Federal Government’s. I personally know people who have died from this jab and have had adverse reactions. I also know people who have lost their jobs because of the mandates, and they also have genetic factors for not getting the jab..

  2. What took the Human Rights Commission so long to declare the mandate was out of the CHO’s power???? Thousands & millions of people have suffered psychological, financial & physical damage. Who will take responsibility/liability for all their losses? I’m sure there is a provision created by the government that will take of them.

  3. Well well well. They finally remembered what their job is did they?!
    Too little too late!!!
    We the people will NOT forget !
    You failed us and still are.

  4. No Bloody Government or CHO has any legal right to enforce and medical mandate ever, medical information is between one’s self and their chosen Doctor.

    No Government or CHO has any right order No jab no job, no jab, no centrelink is barbaric and un Australian.

    Freedom of movement and freedom of choice and freedom of speech is our GOD given human right. Called free will

  5. Disgusted in the Human Rights Commission for sitting on their hands for so long! Our Governments have well and truly over stepped the mark in how they have mandated a TRIAL medication which HAS caused so much harm worldwide! God knows how much more HARM is going to come in years to come!!! Doctors have been gaged, medications withheld and people loose their jobs if they don’t take this TRIAL medication – ABSOLUTELY DISGUSTING! This should have been VOLUNTARY as it’s “OUR BODY, OUR CHOICE” what we put in it, NOT THE GOVERNMENTS!! I personally will NEVER forgive those who have done this!

  6. The most transparent and rational description of what we have all been put through. I am disgusted and appalled as I was coerced into 2doses as was going to lose my low income job .Lost my business due to Covid .,then on Centrelink doing voluntary work which was under mandates.I am single 65 years old female but consider myself fortunate I own my own home.My son had a reaction to first Pfizer and as a teacher cannot work as doesn’t want to injure himself anymore.This is crimes against humanity and I hope the buck will finally stop somewhere and litigation will commence when needed.Too many beaurecrats,politicians hiding behind the CHO .Governments not prepared to try other antiviral methods (ivermectin,hydrochloroquinine-natural immunity boosters -(vitamin d,c.Zinc etc etc ) as so many countries had great results with. So called first world country but with narrow minded ,draconian attitudes


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