Police claim Commissioner used duress in vaccination direction
More than 20 officers are challenging a vaccination directive in a new Supreme Court application claiming they could not legally consent to the jab as they were under duress.
QLD News
Don't miss out on the headlines from QLD News. Followed categories will be added to My News.
Twenty four police employees have launched a new Supreme Court legal challenge to Police Commissioner Katarina Carroll’s mandatory Covid-19 vaccination directive.
They claim the mandatory direction is invalid or unlawful, it involved a breach of natural justice and was an improper exercise of power.
The review application, filed by Sibley Lawyers on Monday, claims Commissioner Carroll applied duress and coercion, invalidating any fully informed consent to the vaccination.
“The direction is repugnant to the rule of law and to the common law for an employer to pose mandatory, compulsory and involuntary vaccination on an employee under threat of dismissal from employment,” the judicial review application says.
The latest legal action comes after Commissioner Carroll ordered all Queensland Police Service staff to have their second vaccine dose by January 24, or face suspension.
The application for a judicial review, by 23 police officers and a civilian, said the Commissioner had misconceived the law relating to vaccinations under duress.
“By applying the duress of discipline proceedings, including a clear threat of suspension, then suspension without pay, then dismissal, the Commissioner has applied duress and coercion, invalidating any fully informed consent,” the application says.
The applicants, a civilian staff member and 23 officers including two sergeants, 16 senior constables and five constables, have each been refused an exemption and have not received an injection.
“A number of the applicants attempted to comply with the direction under duress, and were refused by health care practitioners,” the application says.
The Australian Immunisation Handbook requires that for consent to be legally valid, “it must be given voluntarily, in the absence of undue pressure, coercion or manipulation”.
The vaccination direction was not a lawful act, nor was it necessary or convenient for the efficient running of the police service, it is claimed.
“The Commissioner has had no regard to the impacts on the mental health of police officers as a result of mandating of vaccinations, nor the impact of requiring police to misrepresent that they are providing fully informed and free consent to a vaccination in order to comply with a mandate,” it is claimed.
Police Commissioner Katarina Carroll issues deadline for officers to get vaccination
The application alleges the Commissioner was not authorised to mandate vaccinations and it was only the Chief Medical Officer who had that power.
“The Commissioner is exercising a direction at the behest of others, including but not limited to the Minister for Police and the Premier of Queensland,” the application says.
It is alleged the decision also failed to comply with the Workplace Health and Safety Act as the Commissioner had mandated a vaccine that had a significant risk of causing physical or mental injury to police and staff and had a risk of causing death.
The Commissioner had failed to properly consider less draconian measures, including PPE, rapid antigen testing, treatments and deploying fully vaccinated police and staff to higher risk areas, the application claims.
Lawyer Justin Sibley said he had spoken to many officers who had started crying when talking about the mandate.
“They were unable to eat or sleep leading up to the due date,” Mr Sibley said.
“They are officers who have been strong and protective of the community without any prior indications of stress disorders.
“No regard has been had to the mental health of these officers.”
The 24 employees, including one with 30 years’ experience and others with more than 10 years in the job, are seeking an order restraining the Commissioner from enforcing or acting under the decision until the application is determined.
They have asked for a judge to declare the Commissioner’s decision to be invalid or for it to be set aside.
The Police Commissioner is yet to file a response to the application, which will have a directions hearing on October 28.
A separate court challenge to mandatory vaccination directions has been brought by seven other police employees and 12 Queensland Ambulance Service employees and a nurse.
Supreme Court Justice Jean Dalton has reserved her decision on whether the matter should be heard in the Supreme Court or Queensland Industrial Relations Commission.
Queensland Police Service says 72 officers and 37 staff have so far been suspended for non-compliance with the vaccination direction and 386 employees are yet to record their vaccination.
Two officers and three staff who were suspended have had their suspension revoked, after complying with the direction.
“Queensland Police Service has been at the forefront of Queensland’s ongoing public health emergency response to Covid-19 and will continue leading the way in safeguarding our community,’’ a QPS spokesperson said.
Originally published as Police claim Commissioner used duress in vaccination direction
‘Family won’t come second’: Pregnant newsreader’s promotion shock
As Channel 7 grapples with allegations of a toxic workplace culture, the new star of the Brisbane newsroom says she has been able to make her own rules as she steps into her role.
This generation’s last hope. What if it goes wrong?
While the polls suggest an easy victory for the LNP, October 26 will almost certainly deliver several unpredictable results, writes state political editor Hayden Johnson.
‘Callous cover-up’: LNP explodes over delayed hospital report
Delays in Queensland Health releasing a damning report into Redland Hospital smacks of a “callous, calculated” cover-up, the LNP claims as it enters the final week of election campaigning.
15 reforms but no result: Political challenge as house builds hit critical low
The number of homes being built in Queensland has hit the lowest level in a decade – two years on from a state government housing summit that was supposed to fix the problem.
Real high steaks: Chris Nyst on defending crooks and making movies
He’s the son of a builder turned barrister who carved his own high-profile career in the law, with a sideline in making movies. Gold Coast lawyer Chris Nyst sits down for a lunch chat that covers everything from film festivals to Queensland’s law and order debate. THIS IS HIGH STEAKS
‘Begged them to reconsider’: Student, parents hit out over ‘rape list’ penalty
The family of a student expelled from a Christian school embroiled in a ‘rape list’ scandal have lashed out, claiming their son was punished for being a whistleblower.