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

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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 “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.



Supreme Court bombshell: Qld’s mandatory Covid vaccine orders ‘unlawful’ | The Courier Mail
 

mandrill

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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 “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.



Supreme Court bombshell: Qld’s mandatory Covid vaccine orders ‘unlawful’ | The Courier Mail
Except that isn't the whole story.

The victory was a hollow procedural one. The court ruled that the police commissioner was obliged to consider whether the vaxx requirements were the least possible reasonable violations of the Human Rights Code and she overlooked that specific step.

So her decision was procedurally improper. She has to reconsider the decision and re write with a specific section on whether the vaxx requirements are the least reasonable possible violations of the HRC, or not?

And she will probably say that they are and the Supreme Court will approve the decision.

So a big nothing.
 
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