Queensland vaccine mandate legality
was challenged in court as a judge deemed mandating COVID-19 vaccines for certain frontline workers in Queensland unlawful due to human rights considerations.
Challenging Queensland’s COVID-19 Vaccine Mandate Legality
Over 70 frontline workers in Queensland are taking a stand against their employer’s COVID-19 vaccine mandate, questioning its legality in 2022.
Legal Ruling on Queensland Vaccine Mandate Legality
Despite the provision of human rights compatibility assessments, Justice Martin found that the commissioner of police did not adhere to section 58 of the HRA, which requires public service employees to consider human rights before decision-making. Consequently, the Queensland Police Service (QPS) directives were deemed unlawful.
Furthermore, Justice Martin determined that the director-general of the Department of Health lacked the authority to issue the directive under an implied term of the Queensland Ambulance Service (QAS) employment agreement. As a result, the directive was deemed ineffective.
The applicants raised concerns about potential violations of section 17 of the HRA, which safeguards individuals from undergoing medical treatment without their full, free, and informed consent. However, Justice Martin deemed the vaccination requirement reasonable under the circumstances.
By December 2021, Queensland Ambulance Service (QAS) workers were mandated to receive two doses of the COVID-19 vaccine. This mandate aimed to mitigate the risk posed by unvaccinated staff to patients and the community, especially considering the heightened vulnerability of healthcare workers to COVID-19.
Similarly, Queensland Police Service (QPS) staff were required to be fully vaccinated by January 2022, unless granted an exemption for medical, religious, or exceptional reasons. The mandate was implemented to address public health concerns, given the extensive interactions officers have with the community.
Both mandates have since been lifted after serving their intended purposes.
‘A lot of rebuilding to be done’ with police service, lawyer says
The lawyer highlights the extensive work needed to enhance the police service.
The government is contemplating a decision on the legality of the Queensland vaccine mandate.
