His Honour accepted that a significant amount of any evidence the Minister might be expected to give would likely reveal information for which a public interest immunity claim has been upheld and cannot be waived and drew no negative inferences from the Minister's absence. All grounds of contention were dismissed. Validity of NSW public health orders. - Bill Madden's WordPress The overarching story is well known. Both proceedings must be dismissed.. 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. The constitutional law expert has set out the reasons for this in the co-authored A Charter of Rights for Australia. 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 Versus Hazzard: What the Supreme Court Found The Court affirmed that the orders do not violate the right to bodily integrity as the orders do not . Thats the bedrock problem. I'm a law student and I've got some questions about the Kassam v Hazzard case. The proceedings were brought against Health Minister Brad Hazzard, Chief Medical Officer Dr Kerry Chant, the State of New South Wales and the Commonwealth of Australia. This is especially the case when it comes to the broad range of laws passed in the name of counterterrorism and national security since the New York 9/11 attacks two decades ago. You consent to our cookies if you continue to use our website. In accordance with the Court's policy, the following is a summary of its publishedreasons . Supreme Court challenge to mandatory vaccination orders Kassam vs. Brad Hazzard is DISMISSED - Rebel News He ruled that the right to bodily integrity was not violated as the orders did not authorise the involuntary vaccination of anyone, while the degree to which the freedom of movement was impaired differed depending on whether a person is vaccinated or unvaccinated. So, that itself is highly problematic: that you would have such extraordinary powers exercised without the protections needed to ensure that they are proportionate. The manner in which the health orders were made was unreasonable; The health orders confer powers on police officers that are inconsistent with the, The health orders were made for an improper purpose; and. These people were from the health, aged care, construction and education industries and Kassam v Hazzard: NSW Supreme Court - Challenging the . 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. The NSW Government Health had implemented the Delta Order to deal with the public health risk of COVID-19 and its possible consequences. The order was based on section 7 of the Public Health Act 2010, which allows the health minister to implement actions and directives upon consideration of reasonable grounds that a situation has arisen that is, or is likely to be, a risk to public health.. To Vax or Sack? Anti-vaxers and the vax-reluctant at work. - LinkedIn us, in Commonwealth v Progress Advertising & Press Agency Co Pty 5Ltd, Higgins J explained: Now, the word necessary" may be construed liberally, not as me" aning . However, there are also current challenges in: 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 [] 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. NSW Supreme Court Rejects Challenges to Public Health Orders Applying for a grant of administration with the Will annexed, 3. So, are a number of the things that have been put in place really reasonable and proportionate responses to the health crisis? The findings released by Justice Beech-Jones provide a detailed explanation of the consideration he gave to each of the close to a dozen separate grounds raised against the health measures, as well asthorough reasons as to why each of them didnt stand. . Indeed, of late, rights issues have been front and centre in Middle Australia, whereas quite often freedoms and liberties have been taken for granted. Its hard to imagine a broader power than that. Deline & Kahlor, 2019 Planned Risk Information Avoidance | PDF - Scribd Save pages and articles youre most interested in to read later on. All NSW Courts And while recent lockdown measures and vaccine mandates issued without any parliamentary oversight might have shaken many citizens into rights awareness, commentators on the lack of rights protections in this country have been warning of increasingly waning freedoms for some time. Its a matter of process, a matter of scrutiny and accountability. You may be trying to access this site from a secured browser on the server. October 15, 2021. The plaintiffs in the Kassam proceedings . The Court of Appeal dismissed an appeal from Kassam v Hazzard; Henry v Hazzard (2021) EOC 93-948; [2021] NSWSC 1320, where 2 groups of people unsuccessfully challenged the validity of several . On 15 October 2021, the Supreme Court of New South Wales handed down its decision on a challenge against New South Wales' COVID-19 vaccine mandate. These have eroded the rights of all Australians, often in ways that are not fully understood. Mr Larter argued that the orders were legally unreasonable as they were not "logically targeted" and were "not proportionate to the risks they purport to mitigate". Sign up so we can always stay in touch. Please enter your email address below and click on Sign Up for daily newsletters from Australasian Lawyer. 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.. 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). 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. But these hopes were dashed on Friday, 15 October . But we dont. ESG framework | McKinsey | Kebab shop business plan template Constitutional Law Professor George Williams. But these hopes were dashed on Friday, 15 October 2021, when the court delivered its judgement dismissing the cases. Al-Munir KASSAM v Bradley Ronald Hazzard . On that basis, Justice Adamson dismissed Mr Larter's application. All of the asserted grounds of invalidity raised by both sets of plaintiffs have been rejected, Justice Beech-Jones ruled in mid-October. Facts Between 20 August and 23 November 2021, the Hon Bradley Hazzard MLA, Minister Kassam v Hazzard; Henry v Hazzard (NSWSC) - public health - administrative law - . Please remember this corrupt woman is the expert witness called on to help defend Brad Hazzard yesterday. To deal with the larger problem you need the political solution, hence the call for a bill of rights a charter of rights that actually puts something within our legal system that provides respect and protection of these rights. For many Australians it was an important test case, given concerns raised over mandated vaccination policies being implemented by both the NSW Government and, in some cases, by private businesses. Natasha Henry, Al-Munir Kassam v Brad Hazzard: Vaccination a 'free 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. It was further argued that Brad Hazzard had exceeded the scope of his powers granted under the Public Health Act and that these health orders interfered with fundamental rights and freedoms. Brad Hazzard MP, Minister for Health and Medical Research (2021/00259688). Corruption - Professor Kristine Macartney NSW Expert Witness received kassam - Reddit post and comment search - SocialGrep BREAKING: from the court filings in the #NSW Supreme Court case on mandatory vaccination. of "necessarily" was to a judgment of Higgins J in 1910, in a case . and our has been dismissed on all challenges, with the court ruling in favour of the NSW Chief Health Officer. The state defended the Delta Orders restrictions, maintaining that they can reasonably be regarded as necessary to protect public health and safety. Section 7 of the Public Health Act and the NSW Delta Order do not impose civil conscription, the Commonwealth said in its submission. They are the sorts of powers that you expect to find in a dictatorship, not a country that values its democratic freedoms and ensures theyre respected. 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. Archived post. In the early hours of 21 April 2008, a series of altercations bet [], If you've been charged with a criminal offence, get free advice and fixed fee representation from a top team of experienced criminal defence lawyers. No one told me I can do BIG bits with the unicorn in CA on MM!!!! However, the differential treatment of people according to their vaccination status is not arbitrary. In Kassam v Hazzard and Henry v Hazzard. 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. By Paul Gregoire and Ugur Nedim 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. The Delta Order also prescribes that the workers concerned carry with them proof of their vaccination status. It is critically important because this is the . We dont have strong rights to bodily autonomy. Applying to have accounts passed and applying for commission, Protocol for a minors share on intestacy, Representing yourself in civil proceedings, Things to consider before taking formal legal action, Courtroom technology including the Virtual Courtroom, European River Cruise (Flooding) Class Action, European River Cruise (Insufficient water) Class Action, Junior Doctors Underpayments Class Action, Murray Darling Basin Authority Class Action, The War Memorial Project - The Photographs. 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. Kassam v Hazzard; Henry v Hazzard [2021] NSWSC 1320. 6. 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. 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. MonicaMSmit ; October 15, 2021 . Vaccine Mandates: Recent Case Law. 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. On May 02, 2022, the Hon'ble Supreme Court of India passed its judgement in a matter titled Jacob Puliyel v. Union of India & Ors[1], wherein it closely examined the details of the vaccination policy, the dissemination of clinical trials data, veracity of emergency approvals of vaccines and the reporting of adverse impacts of vaccination. NSW Courts is a website for those who are looking for general information about courts and the court process. Aren't they just taking the piss at this point? 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. Keep it simple. But a relevant point relating to the so called mandatory jab the judge made in Kasam V Hazzard was that Hazzard didn't inject anyone but he encouraged people by making them believe it was . Do they (and their lawyers) genuinely think that every individual should be consulted on a public health order? While the plaintiffs made clear that their employment had been impacted by orders requiring vaccination, additional challenges were made against what effectively amounted to travel restrictions imposed on their LGAs. The livestream is therefore no longer available. After reviewing the powers conferred by the PH Act and making findings in respect of the Minister's decision-making processes, his Honour rejected all of the asserted grounds of invalidity and dismissed the proceedings. "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 NSW COVID vaccine mandate challenge fails in Supreme Court 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 . Exclusive Interview with Tony Nikolic from AFL solicitors explains '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]. Hi All, I'm pleased to announce our next live stream on the 8th of October at 6pm (AEST) with Greg Dunstan, Mona Vale lawyer, discussing the court cases in t. 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 . The implementation of this health order has resulted in workers in New South Wales being forced to choose between being vaccinated by the state-given deadline, or losing their jobs. Your thoughts! Kassam v Hazzard 6 January 2022; S3/2022 [2021] NSWCA 299; Eliezer v The . issued by NSW Chief Health Officer Brad Hazzard. Should Individuals Be Allowed to Sue the Media for Serious Invasions of Privacy? Latest developments in Australian COVID-19 workplace litigation Coercive Vaccination! Explaining the Jacob Puliyel v. Union of India One of the proceedings was brought by Mr Al-Munir Kassam and three other people, whose legal team argued that they had made an informed choice not to be vaccinated, that the choice should be respected on grounds of among other things protecting bodily integrity, and that the state has exceeded its power by making order which, in practical terms, amount to a vaccine mandate. In the judgement published on the NSW Supreme Court website, Justice Robert Beech-Jones remarked that the legislation underpinning the public health orders set out to achieve an abrogation of normal rights in a pandemic, finding that the defendants were doing exactly that with a view to achieving public health outcomes. Greg Dunstan will be summarising the Supreme Court case Kassam; Henry v []. Ashurst advises Eku Energy on Big Canberra Battery storage system deal with ACT government, Carter Newell managing partner on the big themes of 2022 when it comes to legal excellence. [4] Jennifer Kimber v Sapphire Coast Community Aged Care [2021] FWCFB at [115] - [129]. The orders requirements effectively make employers a private sector vaccination police force, conscripted by Ministerial order, the plaintiffs said. Box 30677 . The public health orders in question prohibit a person from working as a health care worker (which included paramedics) in New South Wales if that person has not received at least one dose of a COVID-19 vaccine by 30 September 2021, and two doses by 30 November 2021. Plaintiffs . 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) . In response to the reliance by the plaintiffs on the dissenting judgement of Deputy President Dean in Jennifer Kimber v Sapphire Coast Community Aged Care [2021] FWCFB 6015, his Honour also noted that the function of determining the validity of the health order is for the court to discharge and the function of determining whether it should have been made is for the political process.7, One of the main grounds of challenge concerned the effect of the health orders on the rights and freedoms, especially in respect of the bodily integrity of persons choosing not to be vaccinated. So far as the right to bodily integrity is concerned, it is not violated as the impugned orders did not authorise the involuntary vaccination of anyone. ** **Post all study and career questions in the dedicated stickied megathread** Some are talking about the announcement that Queen Lizzie has left this realm. 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 - Facebook The Kassam plaintiffs asserted that vaccine mandates were a form of civil conscription, in that they force citizens to get the jab. 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. . Thirdly, and perhaps most importantly, Australia urgently needs a Bill of Rights to protect the fundamental democratic freedoms of us all.. Across the road from Justice Precinct carpark. Section 7 of the Act states that, "if the Minister considers on reasonable grounds that a situation has arisen that is, or is likely to be, a risk to public health", then the Minister "may by order give such directions as the Minister considers necessary to deal with the risk and its possible consequences". Before judgement, Order (No 2) was repealed, but the other orders remain in force. However, this country does not have a bill of rights, and thus, important as the principle of legality is, it is only a rule of construction. It would provide a legal ruler to run over all responses. Subscribe to access subscriber only items and receive notification of new items. So far as the right to bodily integrity is concerned, it is not violated as the impugned orders did not authorise the involuntary vaccination of anyone. In that decision, the Court concluded that to impugn public health orders on the grounds . The plaintiffs alleged that the health orders are invalid on the following grounds: His Honour stated that the court is not required to determine the merits of the exercise of power by the Minister or the effectiveness of the COVID-19 vaccines. NSW Supreme Court to rule on mandatory COVID-19 vaccines for workers Visit, Public Health (COVID19 Additional Restrictions for Delta Outbreak) Order (No 2) 2021 (NSW), View all posts by Sydney Criminal Lawyers, Hi there can bail be put on a person after first mention at court if not on bail conditions from the police. Those matters are for the decision-maker (that is, the Minister). 8:45 am. On May 02, 2022, the Hon'ble Supreme Court of India passed its judgement in a matter titled Jacob Puliyel v. Union of India & Ors, wherein it closely examined the details of the vaccination policy, the dissemination of clinical trials data, veracity of emergency approvals of vaccines and the reporting of adverse impacts of vaccination. And an obligation of procedural fairness to certain individuals had not been breached, as when decisions are made that affect such large numbers of people no such obligation needs to be met. (d) acted unreasonably; The health orders are inconsistent with the Constitution, in that they: The courts reading of the restrictions found that those affected by the imposed requirements around vaccinations didnt force them to undergo the treatment and thereby encroach upon bodily autonomy, but rather, if they chose not to get the jab, their freedom of movement was restricted.

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