Queensland reacts as Supreme Court declares Covid vaccine mandates ‘unlawful’

Furious Queenslanders say a Supreme Court ruling proves the state government’s Covid vaccine mandates were a “draconian abuse of power”. VOTE IN OUR POLL

• Q&A: How does ruling affect you?

Two years ago, 74 people opposing ­vaccinations took the state ­govern­ment to the Supreme Court to challenge vaccination directives, and on Tuesday they won.

Three separate applications were presented to the court. Two were related to police officers or civilian staff, and the third case related to Queensland Ambulance Service workers.

In a 115-page decision handed down by Justice Glenn Martin, Police Commissioner Katarina Carroll’s direction for mandatory Covid-19 vaccination issued in December 2021 was declared unlawful under the Human Rights Act.

Clive Palmer after the Supreme Court handed down its judgement on Covid vaccine mandates. Picture: Steve Pohlner

Ms Carroll was banned from taking any steps to enforce the direction.

Clive Palmer has backed the 74 workers to help fund further legal avenues should it be needed.

“We could look at the class action for the ambulance workers and the police workers who have been subjected to harassment by their colleagues at the police department on the direction of the government to try to drop this case,” Mr Palmer said.

“But this case was never going to be dropped because I’m behind it. I don’t, I don’t scare easily.”

The workers did not have to be vaccinated while their legal fight was under way.

Ms Carroll and Mr Wakefield are also banned from disciplining any of the paramedics and police officers.

The police staff and paramedics were represented in court by law firms Alexander Law and Sibley Lawyers, who have been contacted for comment.

A spokeswoman for the Nurses’ Professional Association of Queensland (NPAQ) said the Supreme Court ruling “ highlighted how Queensland Health has violated thousands of healthcare workers’ rights”.

Police Commissioner Katarina Carroll.

The association highlighted that during a workforce crisis there were members who were stood due to the vaccine mandate who are dying to return to work.

“We have nurses and midwives sitting at home during a workforce crisis and the healthcare system’s unlawful decisions are directly to blame,” the spokeswoman said.

“NPAQ is currently liaising with our legal team to explore legal avenues for our members in light of today’s Supreme Court outcome.”

But it is safe to say Queenslanders are torn over the court ruling that was made on Tuesday.

THIS IS WHAT YOU SAID

‘Talk about the risk of contagion!’

John C

What a lot of garbage, The government of the day did a wonderful job of keeping Queenslanders safe, look at the figures Queensland had the lowest rate of infection in Australia, what would you have preferred to be like NSW and Victoria who had high rates of hospitalisation and deaths!

Peter

What is going to happen during the next pandemic, when I, a vaccinated person don’t wish to work alongside a non vaccinated colleague? How will my human rights be protected?

James

Reality check, This is one individual’s decision based on their view, with no doubt a legal view, nevertheless “only one “persons view whom is a Judge, is any one person infallible as to what is correct at any time ??, They right history on their own view. There’s a saying, Judges and Pyschologist write their own test papers !!

Brian D

It’s worth asking the same medical staff what other jabs they must have before being allowed to work. There’s far, far more to it than just a Covid shot but anti-vaxxers never mention it.

Justin

It is not the case that Justice Martin found that mandating Vaccines is consistent with the HRA as Ms Fentiman appears to be contending. He found that the directions limited s 17 of the HRA, that they created coercion and therefore there could not be fully informed consent. He found (although it appears to be unnecessary for the decision) that the limitation was not unreasonable. We should all be concerned that Ms Fentiman (a bit like the Commissioner of Police) considers noncompliance with the obligation to properly consider human rights a technical issue.

Dylan

And it will not help those who died from Covid . the vaccinations were mandated to prevent the spread of Covid until the community had some immunity against it.

Karen

Crikey! Talk about the risk of contagion!! I sense a very high risk of a possible pandemic of lawsuits. There might be a few other State Governments delving into the immunity of their own positions tonight. They’ll be masking (lawyering) up tomorrow and locking down in crisis legal meetings for months! Wonder how many HR directives have gone out tonight? Suspect they are planning their retreat to Higher (Court) ground. Mr K

Lloyd

This just leads to more debt for the government there for more tax for the working class and the cycle continues. Too many lawyers in this world chasing a dollar and the government is a joke. The Aussie dream has fast become the aussie nightmare.

‘Clive for no. 1’

Mark

Good on you Clive. Thanks for supporting the people who knew their Human rights were being violated by these now UNLAWFUL directions. Get out your cheque book Qld Health. We’re coming for you next!

William

Clive Palmer for Premier. Vote 1.

JJ

The worst thing was that the government enforced mandates despite very credible information showing the virus was still spreading among the vaxxed. Was it wilful ignorance or breathtaking arrogance? Either way, people’s lives were ruined, they were ridiculed, scorned, blamed and ostracised. The ferocity and callousness with which state governments – and others – acted against these people will forever leave a dark stain in our history.

Gail

Instead of waffling about technicalities, why can’t they just admit they were wrong?

The whole Qld Government response to Covid was an utter disgrace and shame on them all.

My elderly mother died in NSW but I couldn’t get down to see her in the months before because the Government closed the border.

Ron

Finally, a judge who recognises the draconian abuse that governments hurled at people were wrong. This will open the flood gates, and rightly so. This proves how far Labor have slipped. They used to be the party of the worker. Now they like to sack workers who won’t totally submit to their edicts and, even after this ruling, are reluctant to reinstate them. The only pity is that those who decided to enforce this illegality will walk away scot-free, and the taxpayer will pick up the tab. Time for a Royal Commission of Inquiry into the whole draconian saga.

Bye Bye Olympics!

Angry Ant

Forget the Olympics these class actions are going to cost us a fortune thanks now happy retired and no doubt wealthy Princess Anna

Stacey

Time now to cancel Olympic Games so that the tax payer dollars can provide restitution to the thousands of effective employees who were subject to the unlawful directives. Plus the housing and cost of living crisis. Thanks labor.

Originally published as Queensland reacts as Supreme Court declares Covid vaccine mandates ‘unlawful’