QHRC Member Portal

This Zoom session was recorded and posted via the links below. If you were unable to attend, we strongly suggest you watch the recording.
1. AHRC Dashboard

 

Key Legal Developments
Class Action Not Viable
We aimed to proceed with legal action on a representative or class basis for members affected by workplace mandates, where many had pre-existing issues and were not members prior to the mandates. Recent King’s Counsel advice has confirmed that Human Rights complaints cannot proceed via class action and must instead be pursued individually. This significantly limits our ability to support all affected members under one legal umbrella. We will only be able to pursue individual member matters in circumstances where the issue was not pre-existing and the member was a member prior to needed assistance with the mandates.

QCAT Win (Police Reinstated)
In a recent QCAT case, 15 Queensland police officers were reinstated due to human rights not being properly considered. However, this decision has narrow application and does not create a precedent for most healthcare or private sector cases. Most judicial reviews were thrown out and timeframes have now passed.

 

Despite investing heavily in advocacy over four years, including legal advice, lobbying, media outreach and judicial reviews, the following issues make class action or further legal escalation unworkable:

• Legal advice now confirms that claims must be filed individually.
• Over 600 matters remain, and no organisation has the resources to handle these one-by-one.
• There’s no single employer or decision-maker involved, each case is unique.

 

What You Can Do

1. Seek Independent Legal Advice
 We encourage members to seek their own legal advice to explore potential options for individual complaints.
2. Consider Self-Representation
 Some matters may still proceed to conciliation, which is a more informal process and may be navigated without legal representation.
3. Follow Up If Needed
If you’ve lodged a matter and haven’t received an update in six months, email our team at hotline@redunion.com.au. Please allow up to a week for a response.

 

Reflections on efforts to date – significant efforts, low returns: 

• Red Union has pursued multiple avenues for legal recourse against mandates and employment discrimination across the country, but has encountered significant legal and institutional roadblocks.
• A large volume of human rights complaints were lodged across different states.
• Conciliations have resulted in some small wins, but the overall outcomes have been challenging due to the complexity of individual cases.
• We have advocated to members of parliament both in the State and Federal sphere.
• Have organised National tours of doctors to speak against the mandates (through AMPS).
• Spent thousands of dollars on Kings Council advice to try and progress these matters.

Our Ongoing Commitment

Although the legal pathway we hoped for is no longer viable and we will be coming off record for your matter, we remain fully committed to:

• Pressing for answers via political and media advocacy
• Supporting a full COVID-19 Royal Commission (if it proceeds)
• Reaching out if new collective action becomes legally possible

Your support has helped build a case for accountability, and we will continue to fight, speak out, and support members in every way available.