Police, nurse challenge vaccine mandate on human rights, health and safety arguments

A group of Queensland Police officers and a student nurse who are challenging a Covid vaccine mandate will argue their cases based on human rights, workplace health and safety and personal choice.

Twenty four police employees will base a Supreme Court legal challenge to the Police Commissioner’s mandatory Covid-19 vaccination directive on human rights issues.

A student nurse who also is opposing a Queensland Health vaccination directive is expected to challenge it on workplace health and safety grounds.

Both cases were mentioned in the Supreme Court for the first time on Wednesday.

The applications are separate to those brought by seven police and 13 health workers opposed to the vaccination, who will have their court cases heard from December 20.

Queensland Industrial Relations Commission on Friday also dismissed an application by another group of up to 60 police who refused to get the Covid-19 vaccination.

The Police direction required all police officers and some frontline staff members to receive two vaccine jabs by January 24.

Health workers were given until October 31 to have two vaccine doses.

Police officers and some frontline staff members are expected to receive two vaccine jabs by January 24

Justice Jean Dalton adjourned the applications of the 23 police officers and a civilian QPS employee and that of a student nurse until early December.

Nicholas Andreatidis, QC, for the police applicants, told the judge an amended application would be filed for the police applicants.

He said it would focus on a single human rights point.

Nicholas Andreatidis QC. Picture: Jack Tran

The original application alleged Police Commissioner Katarina Carroll breached

Section 17(c) of the Human Rights Act Queensland.

That says a person must not be subjected to medical or scientific experimentation or treatment without the person’s full, free and informed consent.

“By applying the duress of discipline proceedings, including a clear threat of suspension, then suspension without pay, then dismissal, the Commissioner has applied duress and coercion, invalidating any fully informed consent,” the application says.

The applicants, a civilian staff member and 23 officers including two sergeants, 16 senior constables and five constables, have each been refused an exemption and have not received an injection.

A nurse prepares a dose the Pfizer-BioNtech vaccine.

“A number of the applicants attempted to comply with the direction under duress, and were refused by health care practitioners,” the application said.

They have asked for a judge to declare the Commissioner’s decision to be invalid or for it to be set aside.

The Police Commissioner has given an undertaking not to enforce the vaccination directive against the 24 unless five business days’ notice is given.

The health vaccination directive against the student nurse has been stayed while the matter is before the court.

Outside court, state secretary of the Nurses’ Professional Association of Queensland, Aenghas Hopkinson-Pearson, said the student nurse was a deeply spiritual person.

He said there had been recent decisions, including the QIRC decision, that changed the facts of the case.

“The issue here is more workplace health and safety,” Mr Hopkinson-Pearson said..

“It’s our members and our organisation’s belief that Queensland Health has not disclosed their obligations under the Workplace Health and Safety Act to not only consult with their employees on this matter, but also to adequately risk assess.”

He said Queensland Health also should have looked at other avenues that were available to employees, aside from vaccination.

Mr Hopkinson-Pearson said there were some pregnant health workers who were affected by the vaccination mandate, although they were on or about to go on maternity leave.

He said some nurses who opposed Covid-19 vaccination believed there should be freedom of choice, while others wanted to see more data on the vaccines.