Court Rules Vaccine Mandates for Police, Ambos ‘Unlawful’

The court found vaccine mandates violated workers’ human rights as they were forced to undertake medical procedures without full consent.
Court Rules Vaccine Mandates for Police, Ambos ‘Unlawful’
A vial of the Moderna COVID-19 vaccine Bivalent in Los Angeles, Calif., on Oct. 6, 2022. Ringo Chiu/AFP via Getty Images
Alfred Bui
Updated:
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The Supreme Court of Queensland has ruled that COVID-19 vaccine mandates imposed by the state government on police officers and ambulance service workers during the pandemic were unlawful under the state’s own human rights laws.

On Feb. 27, the Supreme Court issued rulings on several lawsuits filed by dozens of individuals against the Queensland Police Service (QPS) and Queensland Ambulance Service (QAS) over their compulsory vaccine requirements for employees between 2021 and 2022.

During that period, police officers and emergency service workers were required to take COVID-19 vaccines and booster shots or be subject to disciplinary actions from their employers, including being stood down from their positions or getting fired.

The court found that Police Commissioner Katarina Carroll failed to consider staff’s human rights when making decisions in relation to the vaccine mandates.

At the same time, it found that former Department of Health Director-General Dr. John Wakefield was unable to provide evidence that QAS’s vaccine mandates fell under the terms of employment contracts of ambulance service workers.

While the judges believed the mandates imposed by the two agencies were reasonable given the emergency situation of the pandemic, they found that the directions breached the Human Rights Act 2019 (Qld) as workers were forced to go through medical procedures without full consent.

As such, the court ruled that the vaccine mandates were unlawful and had no effect.

“I have not held that the QPS Directions and the QAS Direction were invalid, rather I have held that they were unlawful,” said Senior Judge Administrator Glenn Martin in his ruling.

“As each direction has been revoked, the remedies available are confined.”

Nevertheless, the judge acknowledged that it was a challenge for the two government agencies to balance the need to prevent their employees from contracting the disease and uphold human rights during the pandemic.

“The balance between the importance of the purpose of the limitation, and the importance of preserving the human right ... is complicated by the fact that these directions were given in what was, by any measure, an emergency,” he said.

The rulings did not include judgements on the transmissibility of a particular variant of the COVID-19 virus or the effectiveness of a specific vaccine.

Senator Says Royal Commission Into Pandemic Needed

Following the Queensland Supreme Court’s decision, One Nation Senator Pauline Hanson said there was an urgent need for a Royal Commission into the pandemic.

“From the very beginning, I always maintained the mandates were unlawful and unconstitutional,” she said in a statement.

“Only a Royal Commission would have the necessary coercive power to compel the secret advice that led to these unlawful mandates in Queensland.”

During the 2022 election, Prime Minister Anthony Albanese pledged to establish a COVID-19 Royal Commission to investigate the responses of government during the pandemic.

However, in 2023, the Albanese government instead commissioned an expert panel to carry out an inquiry in which the actions taken by state and territory governments was exempt, falling short of a Royal Commission as promised by the prime minister.

Former Deputy Chief Medical Officer Dr. Nick Coatsworth at the time questioned the decision, calling it “concerning.”

Meanwhile, Nationals Senator Matt Canavan said the court rulings were long overdue.

“Our hardworking health workers and police never should have been forced to have these vaccines to start with. It’s left QLD short of health staff all across the state,” he told The Epoch Times.

“These workers should have the opportunity to go back to work and [receive] compensation for the unnecessary heartache and stress that was put on them and their families.”

The Queensland Supreme Court rulings come just a week after an appeal court in New Zealand upheld a judgement that the COVID-19 vaccine mandates imposed by the New Zealand Defence Force during the pandemic were unlawful.
Alfred Bui
Alfred Bui
Author
Alfred Bui is an Australian reporter based in Melbourne and focuses on local and business news. He is a former small business owner and has two master’s degrees in business and business law. Contact him at [email protected].
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