Larter v Hazzard (No 2) [2021] NSWSC 1451

Larter v Hazzard (No 2) [2021] NSWSC 1451

It was reasonably open to the Minister, acting under s 7 of the Public Health Act 2010 (NSW), to make the Order, the Amended Order and Order 2 requiring health care workers to be vaccinated. Dr Chant's evidence established a rational basis for the orders: COVID-19 was highly contagious and potentially fatal, vulnerable persons were over-represented in health facilities, vaccination reduced infection, severe disease and transmission risks, and outbreaks in health settings threatened disruption to the delivery of public health services. The orders were not invalid merely because the first Order referred to a two-dose deadline falling beyond its 90-day life, because that direction could not...

Jurisdiction
Australia
Judgment Date
10 November 2021
Procedural Posture
Further Amended Summons Seeking Declarations That Public Health Orders Were Invalid and Associated Injunctive and Declaratory Relief / Principal Judgment After Hearing
Outcome
Further amended summons dismissed; costs reserved.
Legal Topics
['covid 19 Public Health Orders' 'vaccination Requirements for Health Care Workers' 'legal Unreasonableness' 'section 7 of the Public Health Act 2010 (nsw)' '90 Day Limit on Public Health Orders' 'international Covenant on Civil and Political Rights']
['public Health Law' 'administrative Law' 'human Rights' 'statutory Interpretation'] ['covid 19 Public Health Orders' 'vaccination Requirements for Health Care Workers' 'legal Unreasonableness' 'section 7 of the Public Health Act 2010 (nsw)' '90 Day Limit on Public Health Orders' 'international Covenant on Civil and Political Rights']

Case Brief

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Procedural Posture

Further Amended Summons Seeking Declarations That Public Health Orders Were Invalid and Associated Injunctive and Declaratory Relief / Principal Judgment After Hearing

Legal Issues

  1. 1 ['Whether it was legally unreasonable for the Minister to make public health orders requiring health care workers to be vaccinated by specified dates as a condition of providing health care services.' 'Whether the original Order was too broad before amendment because it applied to persons who did not pose a sufficient risk.' 'Whether the orders were invalid because they purported to have effect beyond the 90-day period in s 7(5) of the Public Health Act 2010 (NSW).' 'Whether potentially permanent employment consequences rendered time-limited public health orders invalid.' 'Whether the orders were inconsistent with rights asserted under the International Covenant on Civil and Political Rights.' 'Whether the Court should declare that the plaintiff had a reasonable excuse under s 10 of the Public Health Act 2010 (NSW) for non-compliance.']

Ratio Decidendi

It was reasonably open to the Minister, acting under s 7 of the Public Health Act 2010 (NSW), to make the Order, the Amended Order and Order 2 requiring health care workers to be vaccinated. Dr Chant's evidence established a rational basis for the orders: COVID-19 was highly contagious and potentially fatal, vulnerable persons were over-represented in health facilities, vaccination reduced infection, severe disease and transmission risks, and outbreaks in health settings threatened disruption to the delivery of public health services. The orders were not invalid merely because the first Order referred to a two-dose deadline falling beyond its 90-day life, because that direction could not...

Court Disposition

Further amended summons dismissed; costs reserved.

Orders

  • ['Dismiss the further amended summons filed on 5 November 2021.' 'Reserve the question of costs.' 'Direct that any party who seeks, or resists, an order for costs, apply in writing to my Associate within seven days, following which directions will be made with a view to the application being determined on the...