If the j is a trial, then only those who choose to participate agree to do so. Leaving aside the constitutional challenge raised by the plaintiffs in the Kassam proceedings, in considering the grounds of challenge raised in both proceedings, it is important to note that it is not the courts function to determine the merits of the exercise of the powers by the minister to make the impugned orders much less for the court to choose between plausible responses to the risk to public health posed by the Delta variant. Kassam v Hazzard; Henry v Hazzard [2021] NSWSC 1320. We dont have a general freedom of speech. Kassam represents the first major legal decision in Australia in relation to mandatory COVID-19 vaccination requirements for workers. Instead, it applies a discriminate, namely vaccination status, and on the evidence and the approach taken by the minister, is very much consistent to the objects of the Public Health Act., ublic Health (COVID-19 Additional Restrictions for Delta Outbreak) Order (No 2) 2021 (NSW) (Delta Order). In the absence of a clear indication to the contrary, it is presumed that statutes are not intended to modify or aggregate fundamental rights. The case of Kassam v Hazzard; Henry v Hazzard confirms that the NSW Minister for Health and Medical Research has the legal authority to introduce state-specific public health orders that require particular workers from declared industries to be vaccinated against COVID-19. We will call you to confirm your appointment. By effectually compelling individuals to be vaccinated, their right to bodily integrity is violated. The plaintiffs also argued that Hazzard exceeded the scope of the powers granted to him by the Public Health Act. Its a matter of process, a matter of scrutiny and accountability. Not Guilty of Sexual Assault and Legal Costs Awarded, Doctor Permitted to Continue Practising During Proceedings and Ultimately Found Not Guilty of Sexual Assault, Not Guilty of All Six Charges of Sexual Assault and Assault Occasioning Actual Bodily Harm, Bail Granted Before All Charges Dropped Over Sexual Assault and Strangulation Allegations, Charges of Sexual Touching Without Consent Dropped, Bail Granted Despite Allegations of Serious Child Sexual Offences, Not Guilty of Sexual Touching Without Consent, District Court Severity Appeal Successful for Middle-Range Drink Driving, No Criminal Record, Licence Disqualification or Fine for Mid-Range Drink Driving, RMS Driver and Rider Licence Suspensions Set Aside on Appeal, RMS Driver Licence Suspension Set Aside for Red P-Plater, No Criminal Record for Mid Range Drink Driving, NSW Supreme Court Rejects Challenges to Public Health Orders, In the judgement published on the NSW Supreme Court website, such as the one by NSW paramedic John Larter, which is yet to be heard by the courts, the backlash from the public over these mandates, Australia urgently needs a Bill of Rights. Instead, the health orders curtailed the freedom of movement including their movement to and from work, which "are the very types of restrictions that the PH Act clearly authorises".8. Authors: Sally Moten, Partner and Jessica Miral, Lawyer. Please enter your email address below and click on Sign Up for daily newsletters from Australasian Lawyer. said the New South Wales Supreme Court judge during the dismissal. We will call you to confirm your appointment. So, thats my concern. To support the challenges, evidence was presented about concerns regarding the efficacy of COVID-19 vaccinations including that they are ineffective against the contracting or spread of the disease, and the insufficiency of data regarding both short and long term potential side effects. There is a lack of knowledge about the state of affairs of the trauma treatments in Europe. Keep up-to-date with our regular news and insights, Level 11 Waterfront Place 1 Eagle Street, Brisbane QLD 4000, Level 15 Olderfleet 477 Collins Street, Melbourne VIC 3000, Level 19 Angel Place 123 Pitt Street, Sydney NSW 2000, Victorian Supreme Court: where more than one hundred plaintiffs are using the same barristers involved in, Federal Court: brought on behalf of unvaccinated nurses in Victoria, which is listed for hearing on 1 November 2021, New South Wales Supreme Court: in response to different plaintiffs, which is due to commence trial on 4 November 2021, Supreme Court of Queensland: which is listed for hearing on 22 December 2021. Arguments were presented regarding the infringement of public health orders on the rights to bodily integrity and privacy, asserting that they amounted to civil conscription, represented a breach of natural justice and were made by Health Minister Brad Hazzard without clear legislative authority. In accordance with the Court's policy, the following is a summary of its publishedreasons . That the Proceedings be Dismissed. The full decision is available here: Kassam v Hazzard; Henry v Hazzard - NSW . September 8, 2021: The Timing is Hinging On & A Call to Action for Oz The case sought to overturn and invalidate Public Health (COVID-19 Additional Restrictions for Delta Outbreak) Order (No 2) 2021 (NSW) (Delta Order) issued by NSW Chief Health Officer Brad Hazzard. NSW Supreme Court Judgment - Kassam; Henry v Hazzard (4:00pm) That is Auss. Plaintiffs . Yes. The courts function, he further outlines, was to determine the legal validity of the impugned orders, including whether any of the grounds reveal that no reasonable minister could have considered them necessary to deal with the identified health risk and its possible consequences. **Do not ask for legal advice in this subreddit. The overarching story is well known. The Supreme Court issued its decision of Larter v Hazzard (No 2) [2021] NSWSC 1451, concerning an application filed by a NSW paramedic, John Larter, to have two public health orders1 declared invalid. Chief Judge at Common Law Beech-Jones explained in his findings that as there is no bill of rights at the federal level and nor at the state level in NSW the rights that may have been infringed upon would have to be those that the common law already recognises. But these hopes were dashed on Friday, 15 October . Top 159 papers published in the topic of Common Terminology Criteria Bradley Ronald Hazzard & Ors. The Minister for Health and Medical Research, Bradley Hazzard (, The health orders are either outside of the power conferred by the. A lawyer for Brad Hazzard has pointed out none of the people suing the Health Minister over vaccination mandates for certain workers have in fact been forced to get the Covid-19 jab. Supreme Court of New South Wales, Beech- Jones CJ, 15 October 2021 . In terms of the contention as to whether a power in Order No 2 that required police officers to check a persons documentation if they were exempt from the mask mandate was inconsistent with the powers contained in the LEPRA, this assertion was again dismissed. October 15, 2021. Applying for a grant of letters of administration, 4. Sydney Criminal Lawyers spoke to the eminent Professor George Williams about the constitutional ground raised in Kassam, the difference a bill of rights could have made to the case, and why, until we get such a law at the federal level, its near impossible to get any traction in such cases. The Supreme Court has dismissed the proceedings in Kassam v Hazzard and Henry v Hazzard and has published its reasons. The health orders were challenged by several workers including one in construction, teaching, and healthcare who have all been required to receive a Covid19 vaccination. It is also not the courts function to conclusively determine the effectiveness of some of the alleged treatments for those infected, or the effectiveness of Covid19 vaccines especially their capacity to inhibit the spread of the disease. Kassam v Hazzard; Henry v Hazzard [2021] NSWSC 1320. 1:02:40 For my case for my, yeah. We have been lacking those things. These proceedings were brought against the Health Minister only. The judgement made in the case poses issues such as, whether or not courts have authority to put a stop to the Public Health and Wellbeing Act 2008 (Vic) . Some are talking about the announcement that Queen Lizzie has left this realm. Indeed, at 4 pm on 15 October, all eyes were cast upon the Supreme Courts livestream of Chief Judge at Common Law Beech-Jones delivering his final judgement on the Kassam/Henry case, in which he dismissed all grounds raised against the validity of public health orders in New South Wales. Greg Dunstan will be summarising the Supreme Court case Kassam; Henry v The second proceedings were raised by aged care worker Natasha Henry and five other plaintiffs, solely against Hazzard in relation to vaccine mandates contained within the impugned orders, which included Order No 2, and two other orders relating to age care and education workers. []. NSW Supreme Court Judgement Australia Kassam, Henry v Hazzard. NSW challenge to public health orders requiring vaccinations in certain All information on this site is of a general nature only and is not intended to be relied upon as, nor to be a substitute for, specific legal professional advice. and directions made under the Public Health Act that interfere with freedom of movement, but differentiate between individuals on arbitrary grounds unrelated to the relevant risk to public health such as on the basis of race, gender, or the mere holding of a political opinion, would be at severe risk of being held as invalid and unreasonable. 'The police officer who was challenging her vaccination order had her case dismissed by the Supreme Court a few days ago' [Belinda Kay HOCROFT v Bradley Ronald Hazzard, Minister for Health and Medical Research]. Nor did you have the public seeing the debate and scrutiny that would give them confidence that the right actions were being taken. Save (2) Please login to bookmark Username or Email Address Password Remember Me A judge has found three lawsuits contesting compulsory COVID-19 vaccination orders by [] Even following the staunch decision delivered by His Honour in Kassam there can be no doubt that with hundreds of plaintiffs still currently before Australian courts and tribunals, and millions of others affected by the public health orders in place across the country, the issue of COVID-19 vaccinations will continue to dominate the employment law landscape in the coming weeks and months. To start to fill in this gap, key persons from seven European countries-Georgia, Germany, Lithuania, the Netherlands, Poland, Switzerland, and Turkey-accepted the invitation to give their expert opinion on the state of affairs in their country at an invited panel discussion at the XIV 2015 ESTSS . It is critically important because this is the . Theres a range of pretty basic rights that are missing in our system. Subscription Information Kassam Henry v Hazzard Ruling. 1:02:25 I want to get a summary judgment which outline in the document called order judgment so I'm claiming those reliefs. Recap of recent mandatory vaccination cases - Allens Key takeaways. The Minister did not give evidence directly, despite being the relevant decision-maker. When a judicial officer goes rogue - The Vue Post It is possible that it will not be tenable to maintain the employment of health care workers who do not comply with the order and the Health Services Union has certainly raised such concerns in the media. 1Simon Harding & Ors v Brett Sutton & Ors (S ECI 2021 03931) and Belinda Cetnar and Jack Cetnar v State of Victoria & Ors (S ECI 2021 03569). In July, Ashley, Francina, Leonard and Associates director Tony Nikolic had spoken out against the public health orders. It remains to be seen what will happen to health care workers who do not comply with the requirement to be double vaccinated by 30 November 2021. The plaintiffs in Henry added that the restrictions in place upon refusing the mandatory vaccinations would exclude [them] from participating in a significant aspect of social life. The plaintiffs said that the implementation of the order would deny them the right to continue working in their chosen vocation at their current place of employment, as well as the ability to earn a living and sustain themselves and their families as they only presently know how.. As his Honour explained, Kassam consisted of two proceedings brought against NSW health minister Brad Hazzard, around restrictions upon authorised workers to leave areas of concern and the prevention of some from continuing to work in the construction, aged care and education industries. Kassam v Hazzard: NSW Supreme Court - PH Solicitor Explore 159 research articles published on the topic of "Common Terminology Criteria for Adverse Events" in 2014. PDF New South Wales Court of Appeal New South Wales Court of Criminal Kassam v Hazzard 6 January 2022; S3/2022 [2021] NSWCA 299; Eliezer v The . The Court affirmed that the orders do not violate the right to bodily integrity as the orders do not . Has an ultra vires argument ever worked in Australian law? On that basis, Justice Adamson dismissed Mr Larter's application. The NSW Supreme Court is set to make a decision regarding mandatory COVID-19 vaccinations for essential workers.