Teacher’s anti-vax fight to go to trial in Victorian Supreme Court

Casual teacher Belinda Cetnar filed an urgent application in late September to claim vaccine mandates were ‘discriminatory’.

Education Minister James Merlino announced all teachers must have their first Covid-19 shot by October 18 or a booking within one week of that date. Picture: NCA NewsWire/David Crosling

A Victorian teacher’s fight against mandatory vaccines will go to trial in the state’s Supreme Court in late October.

Casual teacher Belinda Cetnar filed an urgent application in late September to claim vaccine mandates were “discriminatory” and said she had been adversely affected by the decision.

Education Minister James Merlino announced on September 22 all teachers must have their first Covid-19 shot by October 18 or a booking within one week of that date.

They must have their second shot by November 29.

Chief health officer Brett Sutton advised the government of his decision to impose the mandate, and is listed as a defendant on Ms Cetnar’s statement of claim.

In a half-hour administrative hearing on Tuesday, Justice Melinda Richards said the case would go trial on October 25. She encouraged Ms Cetnar to hire a lawyer and submit an updated statement of claim to refine her legal challenge.

Barrister for the State of Victoria Sarala Fitzgerald said it was likely professor Ben Cowie — who has stood in for Professor Sutton as acting chief health officer — will be “steering the ship” at the time of the trial and asked for extra time to prepare evidence.

“Other occupation groups (will be) affected by this. It would be pretty undesirable to be pushing through quickly,” she said.

The trial will be heard by affidavit, meaning no witnesses will give oral evidence.

Justice Richards said she wanted the trial to start soon, given it took four days to hear legal challenges to the state’s curfew in October last year, which was ultimately ruled to be legal.

Court documents show Ms Cetnar and her husband Jack Cetnar — a horticulturalist employed by Rivercrest Christian College and Hillcrest Christian College in the state’s outer south east — argue the mandate should not be enforced because it is not “ethical”.

“The public have not been privy to internal evidence or health advice supporting the mandate,” the statement read.

“The proposed mandate is inconsistent with international human rights provisions, federal laws, Australian policies and procedures, and the Victorian Charter of Human Rights.”

As well, Ms Cetnar said staff were provided an opportunity to consult with the Victorian Government about the mandate before the announcement on September 22 and have not been offered alternatives to the vaccine including regular testing, rapid antigen tests or personal protective equipment.

Premier Daniel said he would let the court determine the veracity of legal arguments for and against the mandate.

“For heaven’s sake, our kids can’t get vaccinated. So why anyone would want to be in a school community contributing to the spread of this virus makes no sense to me,” he said.

The state government announced on Friday all authorised workers in Victoria must now get their first Covid-19 vaccine by October 15 and have their second by November 26.