Covid vaccine mandate ‘unlawful’ for Queensland emergency services, court rules

In a significant legal development, Queensland’s state supreme court has ruled that Covid-19 vaccine mandates imposed on police and ambulance workers were made unlawfully, marking a pivotal decision in the ongoing discourse surrounding public health measures and individual rights.

Delivering judgments in three lawsuits brought forth by 86 parties, the court scrutinized directives issued by Queensland’s police and ambulance services during 2021 and 2022, which compelled workers to receive Covid vaccines and booster shots under the threat of disciplinary action, including termination of employment.

Notably, the court’s rulings did not delve into the scientific debate regarding the transmissibility of specific Covid variants or the efficacy of particular vaccines. Instead, the focus centered on the procedural aspects and human rights considerations inherent in the issuance of vaccine mandates.

Chief among the court’s findings was the failure of Queensland Police Commissioner Katarina Carroll to adequately address the relevant human rights concerns when implementing the vaccine mandate. Similarly, the former Director General of the Department of Health, Dr. John Wakefield, was unable to substantiate the issuance of the mandate within the framework of ambulance service workers’ employment agreements.

Consequently, the court determined that both vaccine mandates were “unlawful” and deemed them to have no legal effect.

Acknowledging the contentious nature of the directives, the court recognized that while they may have infringed upon the human rights of workers by compelling them to undergo a medical procedure without full consent, such measures were deemed reasonable given the broader context of public health protection.

Senior Judge Administrator Glenn Martin emphasized the overarching objective of the police and ambulance services to safeguard their employees from the potentially severe consequences of Covid-19 infection, including serious illness and life-altering health outcomes.

The ruling serves as a pivotal moment in the ongoing debate surrounding Covid-19 vaccination mandates, underscoring the delicate balance between public health imperatives and individual rights. As jurisdictions worldwide grapple with similar issues, the Queensland Supreme Court’s decision will undoubtedly reverberate across legal and public health spheres, shaping future policy discourse and implementation strategies.

“The balance between the importance of the purpose of the limitation and the importance of preserving the human right … is complicated by the fact that these directions were given in what was, by any measure, an emergency,” he said.