BREAKING: SUPREME COURT OF NSW DISMISSES COVID-19 VACCINE TEST CASE AND UPHOLDS VACCINE MANDATES
The Supreme Court of New South Wales has in a judgment delivered at 4pm today dismissed a group of applications seeking to challenge the decision of the Health Minister, Bradley Hazzard, to mandate COVID-19 vaccinations for health care and aged care workers.
Among other things, the Plaintiffs in Kassam v Hazard and Henry v Hazard argued that the Public Health (COVID-19 Vaccination of Health Care Workers) Order 2021 and Public Health (COVID-19 Residential Aged Care Facilities) Order (No 2) 2020 were invalid because the Orders interfered with their human rights, including the right to bodily integrity and freedom of movement.
The Court dismissed the cases and held that the Public Health Orders are consistent with the purpose of the Public Health Act 2010 (NSW) - to promote public safety.
In its summary of the judgment, which is yet to be published, the Court stated that differential treatment of persons on the basis of their vaccination status is “not arbitrary” in the context of the COVID-19 pandemic.
While the ruling relates to Government mandates for aged care and health workers, it suggests Courts are reluctant to interfere in vaccine mandates where the nature of the industry means that vaccine mandates are required to limit the transmission of COVID-19, and supports the position taken by many aviation operators to implement vaccine mandates.
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