Mackay teacher Jacob Aitken files lawsuit over Covid-19 vaccine mandate

Matters involving a Mackay teacher who has accused the state government of violating his human rights by preventing him from working unless he is double dosed with the Covid-19 vaccine will be moved to a southern court.

Matters involving a Mackay teacher who has accused the state government of violating his human rights by preventing him from working unless he is double dosed with the Covid-19 vaccine will be moved to Brisbane.

Education Queensland teacher Jacob Aitken in January 2022 filed a lawsuit against the state government to have the mandate revoked as “no longer necessary”.

The case was mentioned on Wednesday in Mackay Supreme Court that heard matters would be moved to Brisbane because it involved a review of the Chief Health Officer's decision. 

Mr Aiken, of Bucasia, has alleged the vaccine order was not lawful and breached sections 15, 17, 19 and 21 of the Human Rights Act 2019 which focus on discrimination, “protection from torture and cruel, inhumane or degrading treatment” and freedom of movement and expression.

On December 11, 2021 acting chief health officer Dr Peter Aitken issued a directive for workers in a high-risk setting to be vaccinated including teachers, childcare workers, correctional officers, youth workers and airport workers.

Former acting chief Health Officer Dr Peter Aitken has been named in a lawsuit over vaccine mandates for high risk workers including teachers. NewsWire / Sarah Marshall

The mandate requires these workers to receive their first dose by December 17, 2021 and second dose by January 23, 2022.

Unless he is double dosed, Mr Aitken may be suspended from his role as a state teacher.

In his lawsuit, filed in Mackay Supreme Court and sighted by this publication, he stated he was “fearful” of and did not want to receive the Covid-19 vaccine.

Mr Aitken said he did not want to be “manipulated, oppressed or otherwise coerced in order to bring about their receipt of the Covid-19 vaccine” and that he was “not prepared to falsely state” that he gave his full, free and informed consent.

As of January 10, Education Queensland employees who had not yet confirmed their double vaccination status were being sent letters to provide a valid reason why they should not be suspended from duty without pay – the same date Mr Aitken filed his lawsuit.

Mr Aitken said he was “fearful” of and did not want to receive the vaccine. Picture: Tony McDonough / NCA NewsWire,

“Prior to the directive (Mr Aitken) was free to choose whether to receive a vaccination and continue to perform the role of a teacher,” court documents state.

As part of the process of developing and issuing a Chief Health Officer Public Health Direction, an assessment against the Human Right Act is performed.

Dr Aitken, Department of Education director general Michael De’Ath and current chief health officer Dr John Gerrard are all named in the lawsuit.

Mr Aitken has requested orders retraining the state government from “enforcing or acting under the directions” until his case has been determined including any appeal.

Director General Education Queensland Michael De'Ath is named in a lawsuit related to Covid-19 vaccine mandates.

He also wants the supreme court to suspend the mandate while his case is ongoing, as well as an order preventing the Department of Education from suspending or dismissing his employment.

Queensland Health said it could not comment on the ongoing court case but stated “We can’t make this any clearer. Vaccines. Save. Lives”.

“The vast majority of Queenslanders are sensible enough to know this,” a QH spokeswoman said, adding vaccinations were a global phenomenon that had saved countless lives around the world.

“They are backed by science, and approved by the Therapeutic Goods Administration. The Covid-19 vaccination is no different.”

Current Chief Health Officer Dr John Gerrard is also named in the lawsuit. NewsWire / Sarah Marshall

The Department of Education also declined to comment on the case as part of its “responsibility to maintain confidentiality of information”.

“Over 95 per cent of school-based staff have now provided their vaccination status, with more than 98 per cent of those indicating they are already fully vaccinated or will be in the coming Days,” an Education Department spokesman said.

“As the vaccination deadline is not until January 23, we expect the number of vaccinated staff will rise further as we approach that date.

“Where schools do have unvaccinated staff, this is limited to one or two people in the vast majority of cases. In addition, the department has access to approximately 5000 fully vaccinated relief teachers who are ready to work in state schools if required.”

Mr Aitken filed his lawsuit in Mackay Supreme Court on January 10, 2022.

A date for the case is not yet listed. But Mr Aitken has also requested orders that each party foot their own legal bill with grounds including his financial position, the case is a matter of public interest and the power imbalance between him and the other parties.

This publication contacted Mr Aitken however he declined to comment.