Gympie nurse Tanja Harris loses fight over Qld Health Covid mandate
The former RN at Gympie Hospital had claimed she had a history of “severe reactions” to influenza vaccines, asthma, and a family history of blood clots. Here’s what she was told.
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A Gympie nurse has lost her fight for an exemption to Queensland Health’s Covid vaccine mandates after the state Industrial Commission found she was unlikely to win on appeal and had applied to do so too late.
Gympie Hospital registered nurse Tanja Harris was required to be double vaccinated as of October 31, 2021 under the State Government’s rules.
She had applied for an exemption on several grounds, including existing medical conditions, concerns about adverse reactions, and potential human rights breaches.
Her initial request was denied by Queensland Health.
An internal review made at Mrs Harris’s request backed the original decision.
She appealed this in Queensland’s Industrial Relations Commission.
On May 6, 2022, Commissioner Roslyn McLennan rejected the appeal, saying Mrs Harris had lodged it seven days too late and was unlikely to win her case.
In her published ruling, Ms McLennan refused to allow an extension to the deadline.
She found Mrs Harris, who received the exemption rejection by registered post on February 11, 2022, had in fact been given the decision in an email by Queensland Health on February 3, 2022.
It was from this date she had 21 days to file her appeal.
Ms McLennan said she was “not satisfied” that a seven day interruption in Mrs Harris’s internet access due to extreme weather justified her late application.
Even with the disruption, Ms McLennan said, there was still 14 days when Mrs Harris had internet access and ultimately her explanation for the “unreasonable” length of the delay was “inadequate”.
Even if such a delay was granted, the Commissioner said, Mrs Harris’s chances of winning the appeal were “extremely limited”.
Ms McLennan said an attached medical certificate which advised of “permanent” conditions including a history of “severe reactions” to influenza vaccines, asthma, and a family history of blood clots, failed to meet the threshold needed for exemption.
“Although the medical certificate references several serious conditions, it does not meet the evidentiary requirements necessary to obtain a Covid-19 exemption,” Ms McLennan found.
She was satisfied Queensland Health’s original refusal addressed Mrs Harris’ safety and consent concerns, and the second rejection took into consideration her human rights concerns.
“I have not drawn any new argument that renders the Exemption Decision unfair or unreasonable,” Ms McLennan found.
The prospects of success were as such “extremely limited”, she said, and dismissed the appeal.
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Originally published as Gympie nurse Tanja Harris loses fight over Qld Health Covid mandate