Rosalyn Smith, part of Deni Varnhagen’s vaccine mandate challenge, directed to return to work or potentially face discipline

A police officer who joined Deni Varnhagen’s vax mandate challenge has been told to return to work or potentially face disciplinary action.

A police officer who is challenging SA’s vaccine mandate has been directed to return to work – resulting in her missing next week’s Supreme Court trial of her case – or potentially face disciplinary action.

Having been stood down for four months without pay, probationary constable Rosalyn Smith – part of AFLW footballer Deni Varnhagen’s legal challenge – has been told to report for duty on Monday.

In a letter, Chief Inspector Astrid Gustavson says Ms Smith must comply – after taking a rapid antigen test and while wearing a mask – or risk being in “breach of the code of conduct”.

Penalties for cadets who breach the code range from a reduction in pay or fine to a formal reprimand on their permanent record.

The direction has drawn the ire of the Police Association, which has called on Commissioner Grant Stevens – who will be a witness in the trial – to intervene.

Association president Mark Carroll told The Advertiser the letter did not belong “in a modern police force”.

Mark Carroll, President of the Police Association of South Australia. Picture: Supplied

“The Police Commissioner has acquired a lot of unchecked power for the last two years under the state’s Emergency Act, but allowing coercive communication like this is not the way to treat his workforce,” he said.

“Perhaps he’s been too busy in his role as state Covid co-ordinator to address the pressing issues within policing – including the welfare of many of his own employees who are either furloughed or struggling under the weight of crippling frontline shortages.”

Ms Smith, Varnhagen, nurse Courtney Milligan, teacher Craig Bowyer, childcare worker Kylie Dudson and police officer Adam Zacary Cook have jointly challenged the mandate.

They claim authorities failed to exclude all “obvious, alternative, compelling, reasonably practicable” alternatives that do not affect “common law rights or freedoms to bodily integrity”.

Mr Stevens was subpoenaed as a witness 24 hours before he publicly suggested restrictions may end on April 1, and two days before he ended SA Police’s vaccination mandate.

SA Police Commissioner Grant Stevens. Picture: NCA NewsWire / Brenton Edwards.

The trial was due to start on Thursday but was postponed until after the election and argument, between the group and the government, as to who was responsible for the delay.

In her letter, Chief Inspector Gustavson tells Ms Smith that police may now work, while wearing personal protective equipment, after returning a negative RAT.

“To facilitate your return to training (and) to achieve graduation … I am directing you to attend the Police Academy at 8.30am on Monday, 21 March, 2022,” she writes.

“Failure to comply with my direction to return to training as directed may constitute a breach of the code of conduct.”

In a letter to Mr Stevens, Mr Carroll says the association has previously spoken with senior staff to broker a “common-sense outcome” for Ms Smith’s “unique personal circumstances”.

“She has been stood down without pay since November 2021 (and) SA Police has done next to nothing to assist her welfare,” he writes.

Benched AFLW player and registered nurse Deni Varnhagen, who is one of a group of public servants in a court challenge to Covid-19 vaccine mandates. Picture: Supplied.

“It therefore came as a significant shock to discover (the direction) contains a threat of (potential) disciplinary punishment.

“The threat is particularly egregious when we consider (she) is a party to proceedings (challenging the mandate), which begin on the same week.

“It’s a clear oversight which SA Police must correct immediately.

“The Supreme Court hearing, your direct involvement and Chief Inspector Gustavson’s letter will all attract extensive media coverage.

“It is clear, and necessary, that negotiations in respect of Probationary Constable Smith’s return to SA Police should proceed as they were previously – with constructive discussions between (police) and association representatives.”

An SA Police spokesman said “all endeavours” had been made “to encourage” the “diverse range” of workers affected by the mandate “to return to work as soon as possible”.

“This managerial direction is like the many other formal general orders from the commissioner and noncompliance could be dealt with by a breach of the Code of Conduct,” he said.

“There are SA Police policies in place for employees to attend non-work related court matters with the approval of their managers.”