Appeal win for cops, ambos challenging vaccine mandate

A court decision that would have narrowed the grounds for police and ambulance officers challenging vaccine directives has been overturned.

The Court of Appeal has overturned a decision that would have narrowed the grounds that could be argued by police and ambulance officers challenging vaccination directives.

A Supreme Court judge is to hear an application by seven police, 12 ambulance officers and a nurse challenging the lawfulness of Covid-19 vaccination directives in February.

Police Commissioner Katarina Carroll’s vaccine directive gave police officers and staff until January 24 to have had both shots of the vaccine, or be suspended with pay.

Queensland Health workers were also given a date to be fully vaccinated.

In October, Justice Jean Dalton struck out some parts of the groups’ Supreme Court applications challenging the vaccination directives, saying the court did not have jurisdiction.

Justice Dalton found that a section of the Industrial Relations Act precluded the two groups from seeking judicial review of the mandates under section 20 of the Judicial Review Act.

Under the Judicial Review Act, a person can challenge an administrative decision of the State’s executive government.

Such applications can be heard in the Supreme Court, which can only determine if a decision was lawful.

Police Commissioner Katarina Carroll

Counsel for the Police Commissioner and Hospital and Health Services chief executive argued that the dispute was an industrial matter and the Industrial Relations Commission had exclusive jurisdiction to determine such disputes.

However Court of Appeal president Justice Walter Sofronoff said whatever might be encompassed within the Industrial Relations Commission’s jurisdiction, the present claim under the Judicial Review Act did not fall within its domain.

Justice Philip McMurdo said under the Judicial Review Act, once a ground was established for the court’s review of a decision, the court must consider whether to exercise all or any of the powers conferred upon it.

“They are rights and remedies which cannot be pursued and granted in the commission,” Justice McMurdo said in the appeal court decision.

He said the court was concerned only with the lawfulness of a decision, not with its merits.

Justice McMurdo said Justice Dalton erred in concluding that the Supreme Court did not have jurisdiction to determine the groups’ applications upon the grounds that she struck out.

The Court of Appeal allowed the appeals in each proceeding and set aside Justice Dalton’s orders.

A three-day trial to hear the applications by the police and health workers will begin on February 14.