Helga’s Pancake House owner Birgit Machnitzke lodges judicial review of Queensland Chief Health Officer’s vaccine mandate

A Far North business owner is taking the fight against the State Government’s vaccine mandates to the courtroom.

A FAR North business owner is taking the fight against the State Government’s vaccine mandates to the courtroom, in an attempt to have the relevant health directives be either set aside or suspended.

Birgit Ariane Machnitzke, owner of Helga’s Pancake House, has applied to the Cairns Supreme Court for a judicial review of Acting Chief Health Officer Dr Peter Aitken’s December 7 directive regarding public health and social measures linked to vaccination status.

Ms Machnitzke is also seeking a judicial review of Chief Health Officer Dr John Gerrard’s December 24 directive that prevents her from entering a business, activity or undertaking in Queensland.

She is seeking a declaration that Dr Aitken’s directive be set aside and a suspension of Dr Gerrard’s direction.

Alternatively, Ms Machnitzke is seeking a declaration that the two directives be revoked as they are no longer necessary, or that Dr Aitken’s directive is unlawful.

The application says Ms Machnitzke is aggrieved by the two directives because they make compulsory “an involuntary vaccination for all Queensland citizens including the applicant” in order to remain employed, operate a business within the class of business affected, and enjoy opportunities to engage in free commerce and exchange.

She also argues the directives impose an obligation on businesses to discriminate against individuals based on their decision to “exercise their fundamental human right” as stated in sections of the Human Rights Act.

Birgit Machnitzke marching at a Freedom Rally on the Cairns Esplanade in August 2021. PICTURE: Brendan Radke

The application says the directions were “an improper exercise of the power conferred by the enactment under which they were purported to be made” and that “there was no evidence or other material to justify the making of the directives and thereby the directives were not available to (the CHOs)”.

While the case is before the courts, Ms Machnitzke is also applying for an order restraining the CHO and his agents from enforcing or acting under the directions, as well as an order suspending the operation of the directions.

Ms Machnitzke is crowd-funding the legal challenge, estimating on a GoFundMe page that legal costs will range between $80,000 and $170,000.

“We are a group of small businesses and individuals from all over Queensland that have come together to fight the discriminating and segregating mandate issued by the Queensland Government,” she wrote.

“After failing to fight these mandates by contacting, communicating, begging and arguing with our local, state and federal politicians we have seen no other way as to fight these mandates in court.”

The page has so far raised roughly $8500.

A directions hearing for the matter has been set down for February 4 in the Cairns Supreme Court.

Dr Aitken and Dr Gerrard are yet to file responses.

Originally published as Helga’s Pancake House owner Birgit Machnitzke lodges judicial review of Queensland Chief Health Officer’s vaccine mandate