Al-Munir Kassam v Bradley Ronald Hazzard (2021) and Natasha Henry v Brad Hazzard (2021) challenged the provisions of the Delta Order, one of which required a relevant care worker whose place of residence or place of work is in an area of concern to have at least one (1) dose of a COVID-19 vaccine or in its absence, to have been issued with a medical contraindication certificate [section 4.24 (1) and (2)]. Supreme Court challenge to mandatory vaccination orders While the plaintiffs made clear that their employment had been impacted by orders requiring vaccination, additional challenges were made against what effectively amounted to travel restrictions imposed on their LGAs. Kassam v Hazzard; Henry v Hazzard [2021] NSWSC 1320 . B. Deline & L. A. Kahlor Planned Risk Information Avoidance: A Proposed Theoretical Model. We use cookies to personalise content and ads, to provide social media features and to analyse our traffic. In fact, a UN resolution called for it to happen. YOUR GUIDE | Access the CyberSight 360 hub for the latest cyber security news, information and resources. In that decision, the Court concluded that to impugn public health orders on the grounds . YOUR GUIDE | Access the CyberSight 360 hub for the latest cyber security news, information and resources. Subscribe to our FREE newsletter service and well keep you up-to-date with the latest breaking news, cutting edge opinion, and expert analysis affecting both your business and the industry as whole. NSW challenge to public health orders requiring vaccinations in certain So, its very difficult to argue the orders that were made are beyond power in the circumstances. The onset of the COVID-19 pandemic in March 2020, and its re-emergence in June this year, sparked powers under section 7 of the PHA that permit the state health minister to issue far-reaching orders without parliamentary oversight aimed at curbing a public health risk. All NSW Courts and directions made under the Public Health Act that interfere with freedom of movement, but differentiate between individuals on arbitrary grounds unrelated to the relevant risk to public health such as on the basis of race, gender, or the mere holding of a political opinion, would be at severe risk of being held as invalid and unreasonable. Australia: A Police Officer and Two Others Are Challenging the Queensland also recently had a matter in the Industrial Relations Commission, which was unsuccessful on 22 October 2021. Subscription Information Kassam Henry v Hazzard Ruling. All of the asserted grounds of invalidity raised by both sets of plaintiffs have been rejected, Justice Beech-Jones ruled in mid-October. This case is important to every state, please tune in at 4pm to watch LIVE. The NSW Supreme Court has ruled that Health Minister Brad Hazzard's vaccination rules for workers are legal. Or perhaps the fall of London Bridge . Indeed, of late, rights issues have been front and centre in Middle Australia, whereas quite often freedoms and liberties have been taken for granted. []. Natasha Henry and five other citizens have launched legal action against Health Minister Brad Hazzard in a bid to overturn rules requiring aged care workers to get the Covid-19 jab or face losing . (a) failed to have regard to various relevant considerations; By Paul Gregoire and Ugur Nedim Those working in areas and industries issued with mandatory vaccination orders will now have to comply with vaccine directions or lose their employment. The plaintiffs. 5 Comments. The Supreme Court of New South Wales recently published a decision that found the NSW public health orders mandating COVID-19 vaccination for some workers were not unlawful. Supreme Court Ruling live today Australian time 15 October 2021 local time 16:00. Hazzard originally created the public health order on the grounds that it was reasonable to avert risk to public health under. When all is said and done, the proper analysis is that the impugned orders curtailed freedom of movement, which in turn affects a persons ability to work and socialise. We are crowdfunding lawyers for Australians who want to fight their outrageous pandemic tickets. Across the road from Justice Precinct carpark, Kassam v Hazzard Was Bound to Fail: An Interview With Professor George Williams. Using the adverse reactions as another tool. The Court has provided a detailed headnote which is reproduced below. It has not taken long - less than 3 weeks, in fact - for Deputy President Dean's widely-publicised minority dissent in the recent Full Bench decision of Jennifer Kimber v . Before judgement, Order (No 2) was repealed, but the other orders remain in force. 175th Anniversary of the Supreme Court of NSW, 50th Anniversary of the NSW Court of Appeal, Supreme Court Corporate and Commercial Law Conference, Criminal appeal (Court of Criminal Appeal) forms, Document access, copying and search report forms, Delegation under the Criminal Procedure Regulation 2017, Delegations to the Court of Appeal Registrar, Delegation under the Civil Procedure Regulation 2017, Remuneration applications by office holders, FAQs about reviewing costs determinations, Trans-Tasman Mutual Recognition applications, Agreement with the Supreme Court of Singapore, 2. This is a subreddit for Australians (or anyone interested in Australian law) to discuss matters relating to Australian law. Should Individuals Be Allowed to Sue the Media for Serious Invasions of Privacy? This is especially the case when it comes to the broad range of laws passed in the name of counterterrorism and national security since the New York 9/11 attacks two decades ago. Case of interest 001/2021 - NSW Supreme Court homepage Discrimination against vaccination status now LEGAL. Instead, it applies a discriminate, namely vaccination status, and on the evidence and the approach taken by the minister, is very much consistent to the objects of the Public Health Act.. The Supreme Court issued its decision of Larter v Hazzard (No 2) [2021] NSWSC 1451, concerning an application filed by a NSW paramedic, John Larter, to have two public health orders1 declared invalid. The orders requirements effectively make employers a private sector vaccination police force, conscripted by Ministerial order, the plaintiffs said. One set of proceedings was . NSW Supreme Court will hand down its Judgment in the case of Kassam The court heard the final submissions for two suits against the health minister on Wednesday. Mandatory COVID Vaccinations - Closer to reality but still - LinkedIn We dont have a general freedom of speech. The plaintiffs are all persons who have refused to be vaccinated against COVID-19 but are required to be vaccinated under the health orders in order to perform their work, either because of the sector they worked in or because they resided in one of the identified local government areas of concern. Has an ultra vires argument ever worked in Australian law? NSW COVID vaccine mandate challenge fails in Supreme Court His Honour outlined that the imposition of Order No 2 was genuine. BREAKING: from the court filings in the #NSW Supreme Court case on mandatory vaccination. The plaintiffs argued that the health direction was unreasonable, with its attachedterms invalidating consent and effectively compelling individuals to submit to vaccination under coercive directions. PDF Search Engine Executive Summary (1 minute read) However, this country does not have a bill of rights, and thus, important as the principle of legality is, it is only a rule of construction. But these hopes were dashed on Friday, 15 October 2021, when the court delivered its judgement dismissing the cases. All information on this site is of a general nature only and is not intended to be relied upon as, nor to be a substitute for, specific legal professional advice. Kassam represents the first major legal decision in Australia in relation to mandatory COVID-19 vaccination requirements for workers. Curtailing the free movement of persons, including their movement to and at work, are the very type of restrictions that the Public Health Act clearly authorises. Do the youngest workers demand more from their employers? These have eroded the rights of all Australians, often in ways that are not fully understood. The following matters will be live streamed TOGETHER on 30 SEPTEMBER and 1 OCTOBER from 10 AM: Hearing: Al-Munir Kassam v Bradley Ronald . Keep up-to-date with our regular news and insights, Level 11 Waterfront Place 1 Eagle Street, Brisbane QLD 4000, Level 15 Olderfleet 477 Collins Street, Melbourne VIC 3000, Level 19 Angel Place 123 Pitt Street, Sydney NSW 2000, Victorian Supreme Court: where more than one hundred plaintiffs are using the same barristers involved in, Federal Court: brought on behalf of unvaccinated nurses in Victoria, which is listed for hearing on 1 November 2021, New South Wales Supreme Court: in response to different plaintiffs, which is due to commence trial on 4 November 2021, Supreme Court of Queensland: which is listed for hearing on 22 December 2021. ; The case of Jennifer Kimber v Sapphire Coast Community Aged Care lends further support to the ability of . While many see this test case as a significant defeat over the policy of mandatory vaccinations, there are some important takeaways which shouldnt be dismissed. Vaccine mandate upheld in NSW | enableHR appropriate and adapted) to deal with the identified risk to public health and its possible consequences by making the orders. It is also not the courts function to conclusively determine the effectiveness of some of the alleged treatments for those infected, or the effectiveness of Covid19 vaccines especially their capacity to inhibit the spread of the disease. The constitutional law expert has set out the reasons for this in the co-authored A Charter of Rights for Australia. Even following the staunch decision delivered by His Honour in Kassam there can be no doubt that with hundreds of plaintiffs still currently before Australian courts and tribunals, and millions of others affected by the public health orders in place across the country, the issue of COVID-19 vaccinations will continue to dominate the employment law landscape in the coming weeks and months. Video: Al-Munir Kassam v Bradley Ronald Hazzard, Directions Hearing of the Supreme Court of New South Wales, 3 September 2021 (start 11:12 mins) . However, as Williams underscores, in Australia, the reach and volume of these laws is much broader than in comparable liberal democracies. Now Kassam and Henry et al and the Hazzard team have to confer about. NSW Supreme Court Judgement Kassam, Henry v Hazzard. Kassam v Hazzard; Henry v Hazzard [2021] NSWSC 1320 (on Caselaw) saw the Court dismiss two proceedings which in substance sought orders that certain Covid 19 public health orders were invalid.Justice Beech-Jones, the Chief Judge at Common Law, stated at [9] - [11]: 9 Although it was contended that the impugned orders interfere with a person's right to bodily integrity and a host of other . The case sought to overturn and invalidate Public Health (COVID-19 Additional Restrictions for Delta Outbreak) Order (No 2) 2021 (NSW) (Delta Order) issued by NSW Chief Health Officer Brad Hazzard. There is a lack of knowledge about the state of affairs of the trauma treatments in Europe. In the absence of a clear indication to the contrary, it is presumed that statutes are not intended to modify or aggregate fundamental rights. By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. Natasha Henry v Brad Hazzard: Cabinet documents won't be revealed in On that basis, Justice Adamson dismissed Mr Larter's application. PDF Judgment Summary Supreme Court New South Wales Kassam v Hazzard; Henry Scan this QR code to download the app now. Vaccine Mandates: Recent Case Law. The second proceedings were raised by aged care worker Natasha Henry and five other plaintiffs, solely against Hazzard in relation to vaccine mandates contained within the impugned orders, which included Order No 2, and two other orders relating to age care and education workers. [4] Jennifer Kimber v Sapphire Coast Community Aged Care [2021] FWCFB at [115] - [129]. Bodily integrity is not violated because health orders impair freedom of movement. On May 02, 2022, the Hon'ble Supreme Court of India passed its judgement in a matter titled Jacob Puliyel v. Union of India & Ors, wherein it closely examined the details of the vaccination policy, the dissemination of clinical trials data, veracity of emergency approvals of vaccines and the reporting of adverse impacts of vaccination. However, as the Henry plaintiffs sought to rely on the reasoning it is necessary to record why that judgment is of no assistance. To Vax or Sack? Anti-vaxers and the vax-reluctant at work. - LinkedIn The Kassam plaintiffs also questioned whether the police powers created by Order No 2 were inconsistent with the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) (LEPRA), as well as whether the order is rendered invalid by section 51(xxiiiA) of the Australian Constitution. On 15 October 2021, the Supreme Court of New South Wales handed down its decision on a challenge against New South Wales' COVID-19 vaccine mandate. Relied on by both sets of plaintiffs, one of the main grounds involved in the case was whether the limitations and restrictions placed on certain workers due to their decision not to get the vaccine led to their right to bodily integrity being infringed upon. First hearing in mandatory COVID-19 vaccination legal - Lawyerly According to media reports, Mr Larter had crowdfunded nearly $250,000 to contribute to his legal expenses so far, which he said did not cover the full costs of the three barristers and two paralegals commissioned to represent him.
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