kassam v hazzard judgement

. His Honour confirmed that there was no duty to afford procedural fairness, and that any production of vaccination information to an employer does not vitiate consent. The plaintiffs in Kassam submitted that the order is legally unreasonable, indicating in their suit that the extreme threat of prohibiting an individual from undertaking work, unless they become vaccinated, has the effect of requiring an individual in circumstances where they may not have otherwise given their consent to be vaccinated to receive a dose of a COVID-19 vaccine. We dont have strong rights to bodily autonomy. Beech-Jones J's judgement is a very strong judicial endorsement that compliance with Public Health Orders is non . Is the hybrid work model the best of both worlds? Get updates on Rebel News coverage in Australia delivered straight to your inbox so you never miss a story! In the absence of a clear indication to the contrary, it is presumed that statutes are not intended to modify or aggregate fundamental rights. Your businesses, like every business, exists deeply intersecting with environmental, social, and governance (ESG) concerns. 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 [] Education and care workers must be fully vaccinated by 8 November, while workers at residential aged care facilities must have already received their first dose by 17 September. 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.. 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.. The specific public health directions have not yet been issued by the Victorian Government, however, the relevant press release is available here. Mr Larter has not yet confirmed whether he will appeal Justice Adamson's decision. Vaccine Mandates: Recent Case Law. 16 votes, 15 comments. 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. 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. Can I Be Refused Entry to a Premises if I am Unvaccinated? 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. Instead, the health orders curtailed the freedom of movement including their movement to and from work, which "are the very types of restrictions that the PH Act clearly authorises".8. More than a million people tuned in to the live stream of Kassam v Hazzard; Henry v Hazzard via the New South Wales Supreme Courts 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. Al-Munir Kassam v Bradley Ronald Hazzard (2021) and Natasha Henry v Brad Hazzard (2021) challenged the provisions of the Delta Order, one of which required a relevant care worker whose place of residence or place of work is in an area of concern "to have at least one (1) dose of a COVID-19 vaccine" or in its absence, to have "been issued with a medical contraindication certificate . Those matters are for the decision-maker (that is, the Minister). But until we get that, then people are just going to find themselves disappointed in courts arguing for rights that the legal system doesnt protect. All grounds of contention were dismissed. . 2; February 2022 Case Name; Date leave granted HCA File Number; . Judgment: Kassam Henry v Hazzard DISMISSED#mandatoryvaccination health orders issued by #Hazzard for authorised workers ruled LEGAL.Bodily integrity is not violated because health orders impair freedom of movement. (b) are inconsistent with the. The Minister for Health and Medical Research, Bradley Hazzard (, The health orders are either outside of the power conferred by the. Judgment has been reserved and the Court will provide an update once judgment is handed down. 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. 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. This is a subreddit for Australians (or anyone interested in Australian law) to discuss matters relating to Australian law. 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 . One of the key arguments of the plaintiffs was their freedom or right to their own bodily integrity. In accordance with the Court's policy, the following is a summary of its publishedreasons . Proposed Law Would Make Employers Liable for Injuries Arising from Vaccine Mandates. Home New South Wales Kassam Henry v Hazzard Ruling. 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. No. The suits were filed against NSW Health and Medical Research Minister Bradley Ronald Hazzard, who issued the order. Please enable scripts and reload this page. Kassam; Henry v Hazzard has been dismissed on all challenges, with the court ruling in favour of the NSW Chief Health Officer. Both plaintiffs refused to be vaccinated and claimed that various Public Health Orders requiring vaccination were invalid. The hearing in the matters of Kassam v Hazzard and Henry v Hazzard has now concluded. Our team is actively monitoring and considering the implications of legal and regulatory developments in response to the COVID-19 pandemic. 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 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. 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. 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. The Judge rejected the constitutional argument regarding civil conscription and an asserted inconsistency with the immunisation register act, finding no constitutional basis for these submissions. And thats the power that has enabled the wide variety of health orders around lockdowns and the like. That the Proceedings be Dismissed. The overbearing law enforcement approach to the COVID pandemic, w [], By Paul Gregoire and Ugur Nedim 'assault occasioning'! No responsibility for the loss occasioned to any person acting on or refraining from action as a result of any material published can be accepted. But there are a number of measures that may well be problematic. Please turn on JavaScript and try again. 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). He also dismissed claims Health Minister Brad Hazzard acted outside his powers, by not asking . 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. 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. 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. It would provide a legal ruler to run over all responses. By mandating a trial J (as is stated on the one doctors adverse reactions letter, after receiving the j, that the trail will continue for another 12 months) you can not coerce all citizens to participate. Nor did you have the public seeing the debate and scrutiny that would give them confidence that the right actions were being taken. Weve had law by decree in NSW, and indeed, at the federal level for some time. There is a strong petition on this at Change.org. We will call you to confirm your appointment. The findings were handed down by Justice Beech-Jones in Kassam v Hazzard; Henry v Hazzard [2021] NSWSC 1320 (Kassam). 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. UNSW Law Professor George Williams has long argued the need for rights protections to be enacted at the federal level. And his decisions cant even be disallowed by parliament. Privacy Policy. I'm a law student and I've got some questions about the Kassam v Hazzard case. Kassam v Hazzard; Henry v Hazzard [2021] NSWSC 1320. View Kassam v. Hazzard [2021] NSWSC 1320.pdf from ART 6 at Cavendish University Uganda. The Supreme Court has dismissed the proceedings in Kassam v Hazzard and Henry v Hazzard and has published its reasons. Cookie Notice Health care workers must be fully vaccinated by 30 November, and must have received their dose by 30 September. However, there are also current challenges in: Although the health orders in those states are different, it is likely that Kassam will provide a guide for courts in other jurisdictions. Even though I am supportive of the need to take proportionate and strong action to protect the community, these actions have not been subject to sufficient scrutiny. Subscription Information Kassam Henry v Hazzard Ruling. 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. The intense public interest led Supreme Court Justice Robert Beech-Jones to take the extraordinary step of warning the public not to contact him with the court reporting that over 1800 emails had been received from concerned members of the public. In July, Ashley, Francina, Leonard and Associates director Tony Nikolic had spoken out against the public health orders. 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. Aren't they just taking the piss at this point? Its hard to see the solutions because we dont have the legal tools to protect and enforce peoples rights, as the Kassam decision shows. But theres nothing that can be done in our legal system to challenge them, and thats where this sort of instrument would assist. terms invalidating consent and effectively compelling individuals to submit to vaccination under coercive, directions. 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. 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.. 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