A group of workers made up of teachers, health and construction workers have unsuccessfully challenged the Health Minister, Brad Hazzard’s vaccine mandate, in the Supreme Court of New South Wales. The public health orders require teachers, aged care workers and health care workers to be vaccinated within a set timeframe to be able to enter their workplace.
The plaintiffs argued that the public health orders violated their right to bodily integrity, right to freedom of movement (impacting on a person’s ability to work and socialise) and Brad Hazzard acted outside of his legislative powers. Put simply, the threat of prohibiting a person from entering their workplace unless they become vaccinated, has resulted in people being forced to be vaccinated in circumstances where they otherwise would not have consented.
On Friday 15 October 2021, Justice Beech-Jones ruled:
- The right to bodily integrity has not been violated. People still have a choice as to whether they receive the vaccination, the Government is not injecting people against their will.
- The restriction on the freedom of movement is in line with the object and authority of the Public Health Act 2010 (NSW). It would be different if movement was restricted on arbitrary grounds such as race, religion, gender, etc.
If you have received a fine as a result of a public health violation, you should seek legal advice. Contact our office for a free initial consultation.
Useful NSW resources
- NSW Government COVID-19 information
- Service NSW – review or appeal a fine
- Public Health Act 2010 (NSW)
- NSW Caselaw – search Supreme Court judgments
- LawAccess NSW – fines and court guidance
Need help challenging a public health order fine or preparing for court? Speak with our criminal law team or call (02) 8806 0866.
