In a landmark decision, the Queensland Supreme Court has ruled that the COVID-19 vaccine mandates for police officers and paramedics were unlawful.
Justice Glenn Martin delivered a detailed 115-page judgment on Tuesday, stating that the directives issued by Police Commissioner Katarina Carroll and John Wakefield, director general of Queensland Health, violated the Human Rights Act.
The contentious mandate required all police and health workers, including paramedics, to be vaccinated against COVID-19 as a condition of their employment.
Justice Martin’s ruling effectively nullifies the December 2021 mandate, preventing Commissioner Carroll and Mr. Wakefield from enforcing the vaccination policy.
Seventy-four personnel, who staunchly resisted the compulsory vaccinations, mounted a legal challenge against the state government, culminating in three separate legal proceedings, The Courier Mail reported.
These cases were meticulously reviewed by the court, with two concerning police officers and civil staff, and one involving Queensland Ambulance Service employees.
During the legal proceedings, the involved workers were exempt from the vaccination requirement, allowing them to continue their duties unvaccinated.
Brisbane Times reported:
The judgments did not make a ruling or attempt to make a decision about the transmissibility of a particular variant of COVID-19 or the efficacy of a particular vaccine.
The prior directions required emergency service workers to receive COVID-19 vaccines and booster shots or face potential disciplinary action up to and including termination of employment.
The court found Police Commissioner Katarina Carroll failed to give proper consideration to human rights relevant to the decision to issue the vaccine mandate.
Former Department of Health director-general Dr John Wakefield was unable to prove he issued the vaccine mandate under an implied term of the employment agreements for ambulance service workers.
As a result, both vaccine mandates were found by the court to be “unlawful” and to have no effect.
The court also found the directions limited the human rights of workers because they were required to undergo a medical procedure without full consent but it was reasonable in all the circumstances.
Senator Malcolm Roberts of Queensland took to the media, proclaiming the court’s decision as a significant victory.
“Great news. Breaking news. The Queensland Supreme Court has just ruled that the vaccine mandates, the so-called injection mandates that held back the police or forced them to get injected, the police and the paramedics are not legal and have no further effect,” announced Roberts.
WATCH:
BREAKING: The Supreme Court has declared COVID Vaccine Mandates for QLD police and paramedics are “unlawful”.
Justice Glenn Martin said the orders were illegal under the Human Rights Act, ‘of no effect’ and banned the government from taking any action to enforce them. pic.twitter.com/N0eln9aWZm
— Malcolm Roberts (@MRobertsQLD) February 27, 2024
