Supreme Court bombshell: Qld’s mandatory Covid vaccine orders ‘unlawful’

Vanda Carson and Jackie Sinnerton Courier Mail February 27, 2024

Dozens of police and health workers including paramedics have won a mammoth legal battle over mandatory ­vaccination orders after the Supreme Court declared they were unlawful. In a 115-page decision handed down by Justice Glenn Martin on Tuesday he declared police commissioner Katarina Carroll’s direction for mandatory Covid-19 vaccination issued in December 2021 was unlawful under the Human Rights Act and banned her from taking any steps to enforce the direction.

He also ruled that a similar order by John Wakefield, the director general of Queensland Health’s equivalent vaccination policy, who left Queensland Health in July 2022, “is of no effect” and Mr Wakefield be blocked from forcing paramedics to have the injection.

Seventy-four people opposing ­vaccinations took the state ­govern­ment to the Supreme Court to challenge vaccination directives, they were included in three separate applications before the court.

Two related to police officers or civilian staff, and the third case related to Queensland Ambulance Service workers.

The workers did not have to be vaccinated while their legal fight was underway.

Ms Carroll and Mr Wakefield are also banned from disciplining any of the paramedics and police officers.

The police staff and paramedics were represented in court by law firms Alexander Law and Sibley Lawyers, who have been contacted for comment.

A spokeswoman for the Nurses’ Professional Association of Queensland (NPAQ) said the Supreme Court ruling “ highlighted how Queensland Health has violated thousands of healthcare workers’ rights”.

The association highlighted that during a workforce crisis there were members who were stood due to the vaccine mandate who are dying to return to work.

“We have nurses and midwives sitting at home during a workforce crisis and the healthcare system’s unlawful decisions are directly to blame,” the spokeswoman said.

“NPAQ is currently liaising with our legal team to explore legal avenues for our members in light of today’s Supreme Court outcome.”

Those who were a part of the legal challenge include Townsville cop Kevin Gehringer and former All Black rugby player turned Gold Coast Cop Connan (Con) Barrell.

“I am not satisfied that the (police) Commissioner has demonstrated that she gave proper consideration to the human rights that might have been affected by her decisions,” Justice Martin said in relation to the police staff.

“I do not accept that the Commissioner had … considered whether the decision would be compatible with human rights,” he noted in his 115-page decision.

“By failing to give proper consideration, the making of each of those decisions was unlawful.

“Despite the revocation of the QPS Directions, a finding of unlawfulness is still available.”

Dr Wakefield submitted that his direction for Queensland Ambulance Service workers to receive vaccinations and boosters was lawful because he made it under “an implied term” in the QAS employment contract allowing for lawful and reasonable directions.

But Justice Martin ruled that Dr Wakefield failed to prove that his direction was made this way.

Dr Wakefield did not give evidence and Justice Martin noted “no attempt was made to demonstrate that he was unavailable to be called”.

“I have held that Dr Wakefield has not established that the direction he made is a term of the employment of the Witthahn applicants,” he said, referring to applicant Bernard Witthahn and 12 others believed to be paramedics.

United Australia Party chairman Clive Palmer has previously thrown his support behind the police officers fighting the mandate, calling Ms Carroll’s decision “un-Australian”. The police officers and were represented in court by solicitor Sam Iskander, of Alexander Law, who has previously acted for Mr Palmer and Israel Folau in legal action in his bid to return to rugby league.

Katter’s Australian Party MP Shane Knuth in a statement said he was calling on the Premier Steven Miles to order all state government departments withdraw all Covid-19 vaccination mandates.

Mr Knuth claimed the decision sets “a clear precedent for all sectors” including the state’s police, paramedics, all of Queensland Health and Queensland Education.

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1/ Dozens of police and health workers have won a mammoth legal battle over mandatory ­Covid vaccination orders.