Queensland police take Commissioner Katarina Carroll to court over Covid-19 vaccine mandate

Police Commissioner Katarina Carroll is being taken to court for telling her officers to get the Covid vaccine or face being suspended without pay.

Police officers are taking Commissioner Katarina Carroll to court over her Covid-19 vaccine mandate, claiming it removes their “fundamental common law rights”.

Ms Carroll has told officers they must have their first Covid-19 vaccine by October 4 and their second by January 24, showing proof to their superiors.

If they don’t they will be suspended with pay before being given seven days to say why they shouldn’t be suspended without pay.

But seven people – Dylan Mark Johnston, Benjamin Owen Oakley, Kevin Joseph Gheringer, Tony Adam Payne, Connan Keith Barrell, Benjamin Shanahan and Tonia Marcelle Lance – have challenged the directive and say the decision impairs, affects or removes their “fundamental common law rights and statutory rights and obligations”.

It is understood the majority are police officers.

Queensland Police Commissioner Katarina Carroll will be taken to court over her Covid-19 vaccine mandate. Picture: Liam Kidston.

Among them is Connan Barrell, a former New Zealand rugby union player turned police officer.

It’s unclear who is funding their action.

They have lodged an application for judicial review in the Supreme Court and are being represented by solicitor Sam Iskander, of Alexander Law.

Among Mr Iskander’s previous notable cases, he was engaged by billionaire Clive Palmer and Israel Folau in legal action in his bid to return to rugby league.

The file said the applicants had not received a Covid-19 vaccine.

It lists a number of grounds including a breach of the rules of natural justice; a failure to comply with the requirements of the laws, industrial instruments and management support manual; improper exercise of the power; error of law; no evidence or other material to justify making the decision; and that the decision was otherwise contrary to the law.

The action is seeking to have the directive put on hold until the matter is heard in court.

Separately, Mr Palmer has written to officers at police stations telling them that vaccinations do not prevent them from being infected with the virus and that it does not prevent transmission of the virus from them to others.

Mr Iskander was unable to be reached for comment today.

A Queensland Police Service spokesman said: “While the matter is before the court, it would be inappropriate for the Queensland Police Service to comment.”

The Supreme Court matter is set down to be heard on Thursday.

After her memo was released, the Queensland Police Union said it had sought legal advice and that the directive was lawful. It’s understood they sought legal advice from barrister Troy Schmidt.

Ms Carroll made the direction earlier this month and wrote to officers on September 21, telling them police officers were more exposed to the risk of Covid-19 than most occupations as they were on the frontline.

“Recent modelling indicates the QPS has over 2 million contacts with the community annually,” she said in the memo.

“These interactions are often conducted in uncontrolled and sometimes volatile circumstances that routinely involve close proximity to members of the public, which further increases our risk of exposure. As such, I have a duty to protect both our employees and the broader community.

“As the medical specialists remind us about the Delta variant, it is so contagious that when you share air with someone, there is risk of contracting Covid. The vaccine is not just about protecting you, it is also about protecting your co-workers, your community, your friends and loved ones.

“Just this week, the NSW government revealed 89 per cent of people who have died from COVID-19 since March were either unvaccinated or had only received one dose.”

Officers can apply for exemptions for medical, religious or exceptional circumstances and provide documentation which will be considered by a vaccination exemption committee which has been established.

A medical exemption must include a report from a medical practitioner or specialist outlining the condition and medical reasons the officer has and why it makes it unsafe for the employee to receive the jab.

If it is for a religious reason they must include the teachings of the religion which prevent vaccination and confirm they are a current member or adherent of those religious teachings.

Assistant Commissioners or executive directors will review exemption applications before deciding whether to refer it to the vaccination committee.