These are all matters of merits, policy and fact for the decision maker, and not the court. Kaur_Simar Jeet_s4538659_Admin Law_ Research Essay.docx judgment of the Court or to be used in any later consideration of the Court's judgment. challenged by several workers including one in construction, teaching, and healthcare who have all been required to receive a Covid19 vaccination. Please turn on JavaScript and try again. Proposed Law Would Make Employers Liable for Injuries Arising from Vaccine Mandates. On Wednesday, the court heard the final submissions for two suits that sought to invalidate Public Health (COVID-19 Additional Restrictions for Delta Outbreak) Order (No 2) 2021 (NSW) (Delta Order). 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In his judgement, Justice Beech remarked that while the plaintiffs sought to deploy the principle of legality which is a rule of statutory construction to the effect that, in the absence of a clear indication to the contrary, it is presumed that statutes are not intended to modify or abrogate fundamental rights. . One set of proceedings was brought by Al-Munir Kassam and three other plaintiffs against the health minister, the Chief Medical Officer, the state of NSW and the Commonwealth, specifically around whether section 7 of the PHA legitimately or reasonably allowed for the imposition of Order No 2. Posted October 26, 2021 by Sydney Criminal Lawyers & filed under Criminal Law, NSW Courts. Is the hybrid work model the best of both worlds? Natasha Henry and five other citizens have launched legal action against Health Minister Brad Hazzard in a bid to overturn rules requiring aged care workers to get the Covid-19 jab or face losing . One of the main grounds of challenges in both cases concerns the effect of the impugned orders on the rights and freedoms of those persons who choose to not be vaccinated especially their freedom or right to their own bodily integrity,. YOUR GUIDE | Access the CyberSight 360 hub for the latest cyber security news, information and resources. 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. For more information, please see our There is a strong petition on this at Change.org. . So, to simply argue that some pandemic measures rolled out by the NSW government are discriminatory due to their impact solely upon unvaccinated people wasnt a possibility, as his Honour advised that the common law fails to protect against discrimination. Yes. 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. The lead vaccine researchers driving all government policy in Australia received $65,330,038 in government grants covering 2020-2021. 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. 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 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.. Kassam v Hazzard: NSW Supreme Court - PH Solicitor and our However, as the Henry plaintiffs sought to rely on the reasoning it is necessary to record why that judgment is of no assistance. 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. One of the main grounds of challenges in both cases concerns the effect of the impugned orders on the rights and freedoms of those persons who choose to not be vaccinated especially their freedom or right to their own bodily integrity, said the New South Wales Supreme Court judge during the dismissal. The plaintiffs failed on all grounds of their challenge. The court heard the final submissions for two suits against the health minister on Wednesday. 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. India - Coercive Vaccination! Explaining The Jacob Puliyel V. Union Of Latest developments in Australian COVID-19 workplace litigation The plaintiffs in the Kassam proceedings . Validity of NSW public health orders. - Bill Madden's WordPress 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. Separate proceedings were brought by Natasha Henry and five other people, and like the plaintiffs in the Kassam proceedings, they also chose not to be vaccinated. 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. These have eroded the rights of all Australians, often in ways that are not fully understood. But these hopes were dashed on Friday, 15 October 2021 . This. Sydney construction worker Al-Munir Kassam, Byron Bay aged care worker Natasha Henry and eight others mounted a multi-pronged attack on the public health orders, arguing their rights to bodily integrity and freedom of movement were being impinged. You can find our COVID-19 collection here. Kassam v. Hazzard 2021 NSWSC 1320.pdf - Course Hero But there are a number of measures that may well be problematic. 'assault occasioning'! Supreme Court of New South Wales, Beech- Jones CJ, 15 October 2021 . We will call you to confirm your appointment. However, his Honour noted that Australia does not have a bill of rights and found that the health orders did not interfere with such freedoms. NSW Supreme Court to rule on mandatory COVID-19 vaccines for workers Another key issue surrounding the case is that neither the Commonwealth nor NSW has a bill protecting citizens rights in law. 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. 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. 5 Comments. His Honour outlined that the imposition of Order No 2 was genuine. Both plaintiffs refused to be vaccinated and claimed that various Public Health Orders requiring vaccination were invalid. 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. 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. [67] Second, the passages relied on and passages to similar . Constitutional Law Professor George Williams. And thats the power that has enabled the wide variety of health orders around lockdowns and the like. 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. And this led to health measures being imposed throughout Greater Sydney, which placed extreme restrictions on peoples freedoms, especially on those not vaccinated. 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.. So, they cant be conscripted, essentially. ICR AF lO th Anniversary 1977-1987 Agroforestry a decade of development Edited by H.A. 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. Thats the bedrock problem. In that decision, the Court concluded that to impugn public health orders on the grounds of legal unreasonableness, it was necessary to show that no Minister acting reasonably could have considered it necessary (i.e. NSW Supreme Court Judgment - Kassam; Henry v Hazzard (4:00pm) That is Auss. Theres a range of pretty basic rights that are missing in our system. 3Ibrahim Can v State of New South Wales (2021/00265124) and John Edward Larter v The Hon. All grounds of contention were dismissed. The NSW parliament didnt meet for three months. Please remember this corrupt woman is the expert witness called on to help defend Brad Hazzard yesterday. But theres nothing that can be done in our legal system to challenge them, and thats where this sort of instrument would assist. 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. The hearing in the matters of Kassam v Hazzard and Henry v Hazzard has now concluded. 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. We will continue to provide updates on this issue as new information comes to light. 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.. 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. Save pages and articles youre most interested in to read later on. (c) was obliged to but failed to afford them natural justice; and NSW Supreme Court will hand down its Judgment in the case of Kassam; Henry v Hazzard TODAY 15 October 4:00pm Case raises very serious legal issues surrounding mandates for essential workers & we'll soon see where the NSW Courts stand https:// youtu.be/wqq2AEAz91o 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 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. Cookie Notice Kassam represents the first major legal decision in Australia in relation to mandatory COVID-19 vaccination requirements for workers. Walton v ACN 004 410 833 Limited (formerly Arrium Limited) (In Liquidation) . So, are a number of the things that have been put in place really reasonable and proportionate responses to the health crisis? 2021/252587 . 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. First hearing in mandatory COVID-19 vaccination legal - Lawyerly 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. Now Kassam and Henry et al and the Hazzard team have to confer about. 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). And his decisions cant even be disallowed by parliament. The highly contagious Delta variant of the COVID-19 virus entered NSW in mid-June. Kassam; Henry v Hazzard has been dismissed on all challenges, with the court ruling in favour of the NSW Chief Health Officer.. Judgment: Kassam Henry v Hazzard DISMISSED#mandatoryvaccination health orders issued by #Hazzard for authorised workers ruled LEGAL. 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). 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. These people were from the health, aged care, construction and education industries and Kassam v Hazzard: NSW Supreme Court - Challenging the . Comment: Court rejects challenges to vax laws - The Echo New comments cannot be posted and votes cannot be cast. So, its just not a clause that applies to the circumstances they were complaining of. Subscription Information Kassam Henry v Hazzard Ruling. Supreme Court shuts down opposition to public health orders It is critically important because this is the . Ramachandran Nair ICRAF International Council for Research in Agroforestry Nairobi Published in 1987 by the International Council for Research in Agroforestry ICRAF House, off Limuru Road, Gigiri P.O. YOUR GUIDE | Access the CyberSight 360 hub for the latest cyber security news, information and resources. 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. Facts Between 20 August and 23 November 2021, the Hon Bradley Hazzard MLA, Minister The Commonwealth said that the enactment of the Public Health Act was in line with its legislative powers, and the enactment of the Delta Order was in line with the power given to Hazzard. So, that itself is highly problematic: that you would have such extraordinary powers exercised without the protections needed to ensure that they are proportionate. 1:02:25 I want to get a summary judgment which outline in the document called order judgment so I'm claiming those reliefs. The plaintiffs. One of the key arguments of the plaintiffs was their freedom or right to their own bodily integrity. NSW Supreme Court upholds Hazzard's medical tyranny Remember this cannot be viewed afterwards and do not re-record and distribute. 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 [] Has an ultra vires argument ever worked in Australian law? Plaintiffs . 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. Our team is actively monitoring and considering the implications of legal and regulatory developments in response to the COVID-19 pandemic. But these hopes were dashed on Friday, 15 October . Natasha Henry v Brad Hazzard: Cabinet documents won't be revealed in Nothing in LEPRA indicates that the powers it confers on police officers to make requests of a persons identity are exhaustive, Justice Beech-Jones found. Recap of recent mandatory vaccination cases - Allens 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.. It was further argued that Brad Hazzard had exceeded the scope of his powers granted under the. Deline & Kahlor, 2019 Planned Risk Information Avoidance | PDF - Scribd If you look at the federal regime, with the pandemic laws, it even goes to the extent that the federal health minister can make orders that override any other law. When a judicial officer goes rogue - The Vue Post !and I don't even feel bad because I didn't even ask Noah to pick me at the recoupling . So, if you had a Commonwealth law that said doctors must provide vaccinations, for example, that would be in breach of that conscription guarantee. 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 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 . 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. He also dismissed claims Health Minister Brad Hazzard acted outside his powers, by not asking . All NSW Courts Get the best defence in any NSW Court 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.
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