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. Under the order, teachers, aged care workers and health care workers must get vaccinated within specific periods; otherwise, they will not be allowed to enter their places of employment. #covid19. Instead the courts only function is to determine the legal validity of the impugned orders, which includes considering whether it has been shown that no minister acting reasonably could have considered them necessary to deal with the identified risk to public health and its possible consequences.. So, for example, some of the very severe travel restrictions that prevent Australians even exiting the country, let alone citizens returning home from overseas. The plaintiffs. In some cases, arguably not. The plaintiffs argued that the health direction was unreasonable, with its attachedterms invalidating consent and effectively compelling individuals to submit to vaccination under coercive directions. NSW Supreme Court Rejects Challenges to Public Health Orders In the absence of a clear indication to the contrary, it is presumed that statutes are not intended to modify or aggregate fundamental rights. Australian Police & Local Govt Workers Legally Challenging Vax Mandates Mr Larter has not yet confirmed whether he will appeal Justice Adamson's decision. (a) failed to have regard to various relevant considerations; The specific public health directions have not yet been issued by the Victorian Government, however, the relevant press release is available here. By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. Save pages and articles youre most interested in to read later on. And the Fair Work Commission has made a judgment on Jennifer Kimber v Sapphire Coast Community Aged Care Ltd. The Supreme Court of New South Wales recently published a decision that found the NSW public health orders mandating COVID-19 vaccination for some workers were not unlawful. NSW Supreme Court Justice Robert Beech-Jones delivered his ruling on the Kassam versus Hazzard case, which raised close to a dozen grounds contesting the validity of public health order restrictions, as well as vaccine mandates, which have recently been imposed in this state. Scan this QR code to download the app now. For example, this could be forcing them to administer the COVID-19 vaccine to others. First hearing in mandatory COVID-19 vaccination legal - Lawyerly By accepting all cookies, you agree to our use of cookies to deliver and maintain our services and site, improve the quality of Reddit, personalize Reddit content and advertising, and measure the effectiveness of advertising. PDF Case Note: Kassam v Hazzard; Henry v Hazzard [2021] NSWSC 1320 - Integroe Is the hybrid work model the best of both worlds? Walton v ACN 004 410 833 Limited (formerly Arrium Limited) (In Liquidation) . Can an Employer Force an Employee to Obtain a COVID-19 Vaccination? NSW Supreme Court Judgment - Kassam; Henry v Hazzard (4:00pm) That is Auss. NSW Supreme Court challenges to mandatory vaccination fail Across the road from Justice Precinct carpark, Kassam v Hazzard Was Bound to Fail: An Interview With Professor George Williams. All on Government sites and with person references. In particular, issue was raised around the stipulations in Public Health (COVID19 Additional Restrictions for Delta Outbreak) Order (No 2) 2021 (NSW) (Order No 2), which presiding Justice Robert Beech-Jones, stated is likely the mostly widely read legal instrument in the history of NSW. But these hopes were dashed on Friday, 15 October . Should Individuals Be Allowed to Sue the Media for Serious Invasions of Privacy? Kassam Henry v Hazzard Ruling. - Constitution Watch It looks like your browser does not have JavaScript enabled. You can find our COVID-19 collection here. Our team is actively monitoring and considering the implications of legal and regulatory developments in response to the COVID-19 pandemic. Aren't they just taking the piss at this point? 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. On Friday 15 October 2021, two challenges to the NSW public health orders, restricting activities of residents who had not been vaccinated against COVID-19 (including their ability to work in certain industries) were dismissed by Justice Robert Beech-Jones in the NSW Supreme Court. All NSW Courts One set of proceedings was . Kassam represents the first major legal decision in Australia in relation to mandatory COVID-19 vaccination requirements for workers. I'm reading through the whole thing, because Kassam v Hazzard; Henry v Hazzard [2021] NSWSC 1320 . Indeed, of late, rights issues have been front and centre in Middle Australia, whereas quite often freedoms and liberties have been taken for granted. 12th European Conference on Traumatic Stress - Academia.edu He also dismissed claims Health Minister Brad Hazzard acted outside his powers, by not asking . PO Box 61056, Eglinton/Dufferin RO, Toronto, ON M6E 5B2, Canada. Kassam v Hazzard 6 January 2022; S3/2022 [2021] NSWCA 299; Eliezer v The . B. Deline & L. A. Kahlor Planned Risk Information Avoidance: A Proposed Theoretical Model. However, this country does not have a bill of rights and thus as important as the principle of legality is, it is only a rule of construction. Secondly, the legal challenge sends a salient message to those in positions of power that Australians will challenge rules they believe are unfair. Get updates on Rebel News coverage in Australia delivered straight to your inbox so you never miss a story! 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. Exclusive Interview with Tony Nikolic from AFL solicitors explains So, in essence, the case was challenging a very broadly worded power that was sufficient to make the orders, and not surprisingly the case was unsuccessful. Australia: A Police Officer and Two Others Are Challenging the It provides addresses and contact details of courts throughout NSW, as well as short videos about the general location and how to get to each court. 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. There's another decode opportunity below. The highly contagious Delta variant of the COVID-19 virus entered NSW in mid-June. Justice Adamson cited the recent decision of Kassam v Hazzard; Henry v Hazzard [2021] NSWSC 1320 (learn more about the decision here), which has become a leading case in respect of the validity of public health orders made regarding the COVID-19 pandemic. The Court's role is to adjudicate on the legality of the administrative action and not the merits of the decision. No matter what the outcome is, we keep looking forward. This is a subreddit for Australians (or anyone interested in Australian law) to discuss matters relating to Australian law. The Henry and Kassam cases will also attempt to show the laws are for an improper purpose, breach privacy, breach natural justice and that the minister considered irrelevant matters when writing the laws. ICR AF lO th Anniversary 1977-1987 Agroforestry a decade of development Edited by H.A. So, we are certainly in that situation here, and in those circumstances, the minister can take such action and give such orders that the minister considers necessary to deal with the situation. PDF Search Engine Executive Summary (1 minute read) Kassam v Hazzard; Henry v Hazzard [2021] NSWSC 1320. Kaur_Simar Jeet_s4538659_Admin Law_ Research Essay.docx Kassam v Hazzard; Henry v Hazzard [2021] NSWSC 1320 (on Caselaw) saw the Court dismiss two proceedings which in substance sought orders that certain Covid 19 public health orders were invalid.Justice Beech-Jones, the Chief Judge at Common Law, stated at [9] - [11]: 9 Although it was contended that the impugned orders interfere with a person's right to bodily integrity and a host of other . Please enter your email address below and click on Sign Up for daily newsletters from Australasian Lawyer. The Kassam plaintiffs also questioned whether the police powers created by Order No 2 were inconsistent with the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) (LEPRA), as well as whether the order is rendered invalid by section 51(xxiiiA) of the Australian Constitution. Instead, the court's function is to determine the legal validity of the orders, which includes considering whether no Minister acting reasonably could have considered the health orders necessary to deal with the risk to public health and its possible consequences. **Do not ask for legal advice in this subreddit. The NSW Court of Appeal, having granted partial leave to appeal in these two related matters, dismissed the appeals. In a public letter to Hazzard, he wrote that a competent adult patient has the right to refuse medical treatment for whatever reasons, rational or irrational.. Curtailing the free movement of persons including their movement to and at work are the very type of restrictions that the Public Health Act clearly authorises, Justice Beech-Jones found. If the j is a trial, then only those who choose to participate agree to do so. The broad finding was that rather than impinging upon a right to bodily integrity in requiring the COVID-19 vaccine in relation to certain jobs, the measure instead violated the right to freedom of movement if the jab was refused in these circumstances. The onset of the COVID-19 pandemic in March 2020, and its re-emergence in June this year, sparked powers under section 7 of the PHA that permit the state health minister to issue far-reaching orders without parliamentary oversight aimed at curbing a public health risk. When all is said and done, the proper analysis is that the impugned orders curtailed freedom of movement, which in turn affects a persons ability to work and socialise. Al-Munir KASSAM v Bradley Ronald Hazzard . Hazzard is defending each case and plans to tender statements from a deputy chief health officer in support of his public health orders. Over the lifetime, 2415 publication(s) have been published within this topic receiving 66806 citation(s). Video: Al-Munir Kassam v Bradley Ronald Hazzard, Directions Hearing of the Supreme Court of New South Wales, 3 September 2021 (start 11:12 mins) . Cookie Notice The overarching story is well known. Both plaintiffs refused to be vaccinated and claimed that various Public Health Orders requiring vaccination were invalid. There are also a range of articles designed to inform and ease the stress of those who are going to court. Can I Be Refused Entry to a Premises if I am Unvaccinated? "This is one of the grandest thought experiments of our time, a tremendous feat of imaginative reporting!" Bill McKibben, author of Deep Economy and The End of Nature Tel The verdict went on to explain that,When all is said and done, the proper analysis is that the impugned orders curtailed freedom of movement, which in turn affects a persons ability to work and socialise. September 8, 2021: The Timing is Hinging On & A Call to Action for Oz Justice Adamson clarified that the Court's jurisdiction was confined to determining whether it was open to the Minister, in the exercise of the power granted by the Public Health Act 2010 (NSW) (Act), to make the public health orders, and that it was not a matter for the Court to stand in the shoes of the Minister and decide what public health order could or should have been made. (c) was obliged to but failed to afford them natural justice; and So, the freedom infringements raised had to relate to those rights protected in common law, which ruled out discrimination as this body of law doesnt specifically protect against it. Key takeaways. More than a million people tuned in to the live stream of Kassam v Hazzard; Henry v Hazzard via the New South Wales Supreme Court's YouTube channel over the past couple of weeks, many hoping for a judgement which invalidates public health orders which mandate vaccines for certain industries, such as healthcare, aged care and construction. Your thoughts! According to media reports, Mr Larter had crowdfunded nearly $250,000 to contribute to his legal expenses so far, which he said did not cover the full costs of the three barristers and two paralegals commissioned to represent him. 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. NSW mandatory COVID vaccine challenge delayed, similar disputes - 7NEWS This debate spilled out onto the streets in the form of freedom protests, as well as into the NSW Supreme Court with the case of Kassam versus Hazzard, which challenged the powers in the Public Health Act 2010 (NSW) (PHA) that permitted numerous orders that affected citizens rights. But there are a number of measures that may well be problematic. Mr Larter contended that the public health orders are not reasonable, meaning that it was not legally permissible for Brad Hazzard, the NSW Minister for Health and Medical Research (Minister) to make the orders, having regard to the risk to public health posed by the COVID-19 virus. We have been lacking those things. 1:02:25 I want to get a summary judgment which outline in the document called order judgment so I'm claiming those reliefs. I'm reading through the whole thing, because I'm curious about the actual legal argument around the public health orders, so I've got some thoughts and questions. The damage is unspeakably painful and maddening to anyone involved, including, grandparents and the children. Kassam v Hazzard: NSW Supreme Court - PH Solicitor Broadly, what we have seen in response to terrorism, and now in response to the pandemic, is how powerful our governments are and how few checks and balances they have. All of the plaintiffs had refused to be vaccinated despite it being a requirement for them to do so in relation to continuing their employment at least during the lockdown under the terms of various public health orders, with a range of reasons being raised around coming to an informed choice. The case was initiated by members of a number of industries and sectors affected by the mandate. 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. However, as Williams underscores, in Australia, the reach and volume of these laws is much broader than in comparable liberal democracies. PEOPLE were hoping and praying for an outcome in the Kassam and Henry v Hazzard cases that reflected Australia's . The plaintiffs are all persons who have refused to be vaccinated against COVID-19 but are required to be vaccinated under the health orders in order to perform their work, either because of the sector they worked in or because they resided in one of the identified local government areas of concern. Discrimination against vaccination status now LEGAL. Big Tech is censoring us. It is critically important because this is the . The following matters will be live streamed TOGETHER on 30 SEPTEMBER and 1 OCTOBER from 10 AM: Hearing: Al-Munir Kassam v Bradley Ronald . 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. Statement of Claim: 10.09.21 02: Plaintiff Submissions 03 Kassam & Henry - State Submissions 29.09.21 04 Commonwealth Submissions 05 Judgment 15.10.21 . 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. 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. NSW Supreme Court upholds Hazzard's medical tyranny Where the ground of legal challenge is unreasonableness as it was in this case, some investigation of the merits of the decision is necessary but the limitation in the Courts ability to review the merits is extremely confined. We will continue to provide updates on this issue as new information comes to light. The Kassam case was the pointy end of what has become known as the freedom movement, which is opposed to many of the pandemic measures. Posted October 26, 2021 by Sydney Criminal Lawyers & filed under Criminal Law, NSW Courts. 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. Information about Sydney Criminal Lawyers is also provided. The two proceedings of Kassam v Hazzard; Henry v Hazzard [2021] NSWSC 1320, heard together, named as Defendants the NSW Minister for Health and Medical Research, Brad Hazzard, the NSW Chief Health Officer Dr Kerry Chant, the State of NSW and the Commonwealth of Australia. It would provide a legal ruler to run over all responses. It has not taken long - less than 3 weeks, in fact - for Deputy President Dean's widely-publicised minority dissent in the recent Full Bench decision of Jennifer Kimber v .

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