Davis v Minister for Health [2021] NSWCATAD 293

Davis v Minister for Health [2021] NSWCATAD 293

The application for a stay was refused because, while the applicant faced prejudice if stood down without pay, the public interest in maintaining the operation of the COVID-19 vaccination order for health care workers outweighed any personal hardship. The evidence supported the effectiveness of vaccination in reducing transmission and protecting public health, and prospects of success on review were not strong.

Jurisdiction
Australia
Judgment Date
08 October 2021
Procedural Posture
Administrative Review / Interlocutory Application (application for Stay Pending Review)
Outcome
Application for stay refused
Legal Topics
['stay of Decision' 'public Health Orders' 'covid 19 Vaccination' 'jurisdiction of Tribunal' 'administrative Review' 'proportionality' 'public Interest']
['administrative Law' 'public Health Law'] ['stay of Decision' 'public Health Orders' 'covid 19 Vaccination' 'jurisdiction of Tribunal' 'administrative Review' 'proportionality' 'public Interest']

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Procedural Posture

Administrative Review / Interlocutory Application (application for Stay Pending Review)

Legal Issues

  1. 1 ['Whether the Tribunal has jurisdiction to grant a stay of the Public Health (COVID-19 Vaccination of Health Care Workers) Order 2021 pending administrative review' 'Whether an interim order should be made to permit the applicant to continue working without vaccination pending review' 'Whether the public interest outweighs the applicant’s prejudice if she is placed on leave without pay']

Ratio Decidendi

The application for a stay was refused because, while the applicant faced prejudice if stood down without pay, the public interest in maintaining the operation of the COVID-19 vaccination order for health care workers outweighed any personal hardship. The evidence supported the effectiveness of vaccination in reducing transmission and protecting public health, and prospects of success on review were not strong.

Court Disposition

Application for stay refused

Orders

  • ['The application made on 23 September 2021 by Danielle Davis for a stay of the deadline of 30 September 2021 in Public Health (COVID-19 Vaccination of Health Care Workers) Order 2021 is refused.']