A challenge to the three directions of the Chief Health Officer (CHO) made under the Public Health Act 2005 (Qld) (PHA) concerning “Public health emergencies” and “particular powers for COVID-19 emergency”.
The applicants requested a statement of reasons for the making of the decisions in respect to the relevant directions. The CHO refused to give reasons on the basis that his decision to make the directions was of a legislative 5 character, not an administrative character, and that therefore he was not obliged to give reasons.
Scott McLeod QC (with B McMIllan and P Nevard) appeared for the successful respondent, instructed by Crown Law.
The judgment can be read by clicking here
