For the first time in Australia, a court has ruled mandatory COVID-19 vaccination unlawful. The Queensland Supreme Court issued a judgment in response to suits filed by around 85 police and ambulance workers against vaccination mandates issued in 2021-22. This ruling marked the first time in Australia that mandatory COVID vaccination was deemed unlawful, particularly on human rights grounds.
The court’s decision was based on technical procedural lapses on the part of the police commissioner and the director-general of the Department of Health. The court found that the commissioner did not consider Human Rights Compatibility Assessments before making the vaccination mandates, rendering them unlawful. Similarly, the director-general failed to prove the validity of his orders, leading to their rejection by the court.
In addition to procedural issues, the court acknowledged that the mandates limited the human rights of employees by requiring medical treatment without “full, free, and informed consent.” While these limitations were deemed reasonable in the context of a public health emergency, the court invalidated the orders as they did not comply with human rights standards.
This ruling in Queensland follows a recent decision in New Zealand that declared the Defence Force vaccine mandate unlawful. The author argues that the merits of COVID vaccine mandates need to be examined further in an Australian trial court. Critical questions about the threat of COVID-19, vaccine efficacy, side effects, and the impact on different age groups should be rigorously investigated to determine the legality and necessity of such mandates in upholding human rights protections.