Court’s decision on Qld jab mandate

The two groups have launched court action against Queensland Police Commissioner Katarina Carroll and the Director-General of Queensland Health, Dr John Wakefield, in opposition to the requirement to get the jab.

Ms Carroll last month said officers needed to have had their first Covid-19 jab by October 4 and their second by January 4 next year or risk being suspended without pay.

Queensland Health employees were required to receive at lease one dose by September 30 and a second by October 31.

Members of the groups are seeking a review of the directions, claiming they affect their “fundamental common law rights and statutory rights and obligations”.

On Tuesday, Justice Jean Dalton extended both groups’ immunities to the direction.

In her judgment, she struck out two paragraphs in the amended applications.

“The directions do, in my view, affect or relate to the rights of the respondents as employees, and do impose conditions on the conduct of the applicants’ callings,” Justice Dalton said.

“Additionally, it seems to me that the directions claim a right to dismiss in certain circumstances.

“I find that the matters which are the subject matter of these applications arise from the directions and are industrial matters, or relate to industrial matters.”

Both cases will now go to a three-day hearing in December, which could decide whether the cases are referred onto the Queensland Industrial Relations Commission (QIRC).

Last week, the QIRC rejected a case from around 60 police officers and civilians arguing Ms Carroll’s direction was “unlawful”.

Originally published as Qld cops, health workers fighting Covid jab mandate granted temporary lifeline by court