Police officer who does not want Covid-19 jab has minor victory in WA court

A policeman who says he is ‘pro-choice’ and does not want to get vaccinated against Covid-19 has had a minor win in court.

A West Australian police officer has won a Supreme Court injunction at least temporarily stopping him from being sacked for refusing to get a Covid-19 vaccine.

Senior Constable Ben Falconer has asked for a judicial review challenging the validity of health directions that require police officers to be fully vaccinated by December 31.

WA Supreme Court Justice Jeremy Allanson granted an injunction on Friday, which prevents Police Commissioner Chris Dawson from firing the officer until the case goes to a trial.

But Mr Dawson said the senior constable was still banned from attending police premises.

“The decision of the Supreme Court is an interim decision and it only applies to a single police officer – not any other officers,” he told reporters.

Police Commissioner Chris Dawson said it was an interim decision by the court. Picture: NCA NewsWire/Tony McDonough

“It does not affect the chief health officer’s order … this particular applicant will not be able to attend a police facility in the interim period.

“I won’t make any other further comments on that because obviously the matter is now before the court and the next date is January 12.”

In his judgment, Justice Allanson noted the officer was “pro-choice”.

“The applicant has decided that he does not ‘at this time’ want to be administered with a vaccine for Covid-19 and does not agree to be vaccinated, particularly in circumstances where it is mandated,” Justice Allanson said.

“He does not claim entitlement to a medical exemption but described his position as ‘pro-choice’.

“I will grant an interlocutory injunction restraining the commissioner, until further order, from dismissing the applicant in reliance on the applicant’s failure to comply with the employer direction.”