Dr Randy De Los Reyes Juanata challenges mandatory Covid vaccinations for health workers in court, but case fails immediately

An unvaccinated SA doctor has challenged mandatory Covid jabs for health workers so he can keep working – but his case had one big flaw.

A doctor’s legal challenge to the state’s health worker vaccine mandate has fallen before the first hurdle because of “a flaw” in his understanding of the court system.

On Wednesday, Dr Randy De Los Reyes Juanata sought an urgent injunction against the state government and the Adelaide Community Healthcare Alliance.

The Alliance is the SA’s largest private hospital group and operates facilities including Ashford Hospital, where Dr Juanata works shifts as a casual.

The hospital has declined to provide Dr Juanata with any more hours because he did not receive at least one dose of the Covid vaccine prior to November 1.

Before the Adelaide Magistrates Court could hear his argument, however, Crown solicitors and lawyers for the Alliance said the case should be immediately thrown out.

Dr Randy De Los Reyes Juanata, left in blue, leaves the Adelaide Magistrates Court on Wednesday. Picture: Tom Huntley

Ralph Bonig, for the Alliance, said Dr Juanata had made his bid in the wrong court – because only the Supreme Court has power to rule on matters of state law.

“The flaw in this case does not necessarily arise out of the fact this is a challenge to the Covid-19 regime,” he said.

“It arises from the fact this court does not have the jurisdiction to grant such injunctions, whether it was the Covid-19 regime or some other regime.

“This case is unique because we are here because of the Covid-19 regime, but the flaw in the case is not unique.”

Last month, the state government announced all health workers must have had at least one vaccine dose in order to keep working.

The Sunday Mail subsequently revealed figures showing about 5 per cent of SA’s 10 local health networks still had not done so by October 30.

Despite a reported late surge of hospital staff being jabbed, almost 400 have been stood down – the majority of whom were based at the Women’s and Children’s.

The deadline has sparked rallies by health workers including one attended by dual Adelaide premiership AFLW player Deni Varnhagen, who is a nurse.

In his court papers, Dr Juanata argued Covid rules were now invalid, as they had been enacted during an outbreak and that situation had since passed.

He argued Ashford Hospital was therefore wrong to follow the health worker vaccine mandate and refuse roster him on for casual shifts.

“My employer is the ‘bunny in the middle’ … I say this is an abuse of office by (the government),” he wrote.

He argued that, to spare both himself and the hospital from prosecution, the court should order the mandate be suspended or stayed.

That should last, he said, until “various matters pertaining to the lawfulness” of the mandate in particular, and SA’s Covid rules in general, had been determined.

“I have not been offered enough time to consider my position … in respect of whether or not I wish to endure a vaccination,” he wrote.

“(Nor have I had time) to seek professional medical advice (about) a vaccine that will have lifelong implications to my body, or the possible health, family, occupational, personal, social, emotional, physical and psychological impacts (it) may impact upon me.”

In court on Wednesday, Georgie Feronas, for Dr Juanata, said the case should be adjourned rather than thrown out.

“The mandate has only come into effect this week and there has not been an opportunity to agitate issues as to whether there’s anything that might apply in this jurisdiction,” she said.

Magistrate Kate White disagreed.

“(The law) is utterly unambiguous about my power … the fundamental difficulty your client has is I cannot grant the injunctive relief he seeks,” she said.

After a short adjournment, Dr Juanata withdrew his application – neither the government nor alliance sought court costs.

Originally published as Dr Randy De Los Reyes Juanata challenges mandatory Covid vaccinations for health workers in court, but case fails immediately