More than a million people tuned in to the live stream of Kassam v Hazzard; Henry v Hazzard via the New South Wales Supreme Court's 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.. The NSW parliament didnt meet for three months. The courts function, he further outlines, was to determine the legal validity of the impugned orders, including whether any of the grounds reveal that no reasonable minister could have considered them necessary to deal with the identified health risk and its possible consequences. The NSW Court of Appeal, having granted partial leave to appeal in these two related matters, dismissed the appeals. In fact, if you look at section 7 of the Act, it says that the section applies if the minister considers on reasonable grounds that a situation has arisen that is a risk to public health. So, we are certainly in that situation here, and in those circumstances, the minister can take such action and give such orders that the minister considers necessary to deal with the situation. NSW Supreme Court Rejects Challenges to Public Health Orders Across the road from Justice Precinct carpark, Kassam v Hazzard Was Bound to Fail: An Interview With Professor George Williams. Please turn on JavaScript and try again. The Court's role is to adjudicate on the legality of the administrative action and not the merits of the decision. Subscribe to our FREE newsletter service and well keep you up-to-date with the latest breaking news, cutting edge opinion, and expert analysis affecting both your business and the industry as whole. **Do not ask for legal advice in this subreddit. We will call you to confirm your appointment. 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). 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. 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. #covid19. Please enter your email address below and click on Sign Up for daily newsletters from Australasian Lawyer. NSW Supreme Court strikes down latest challenge to vaccine mandate It was further argued that Brad Hazzard had exceeded the scope of his powers granted under the. 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 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. To the contrary, Part 15 of LEPRA suggests that it applies to regulate the exercise of powers conferred by various laws including the making of requests.. These are all matters of merits, policy and fact for the decision maker, and not the court. The court disagreed with every argument presented by the plaintiffs, rejecting all challenges on all grounds. And his decisions cant even be disallowed by parliament. In fact, a UN resolution called for it to happen. The NSW Supreme Court is set to make a decision regarding mandatory COVID-19 vaccinations for essential workers. Judgment Text - Kassam; Henry v Hazzard : r/auslaw - Reddit Al-Munir KASSAM v Bradley Ronald Hazzard . They have the ability to make decisions that have an extraordinary impact upon our lives especially in terms of the counterterrorism cases that see people being gaoled and yet, we lack even the most basic rights to check and balance them. (a) create a form of civil conscription; and Firstly, the backlash from the public over these mandates, along with the coercive tactics of the government, is becoming stronger, businesses too, are pushing back against rules that decree they must only serve vaccinated customers. Save pages and articles youre most interested in to read later on. ** **Post all study and career questions in the dedicated stickied megathread** However, the differential treatment of people according to their vaccination status is not arbitrary. View Kassam v. Hazzard [2021] NSWSC 1320.pdf from ART 6 at Cavendish University Uganda. 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. Australian Police & Local Govt Workers Legally Challenging Vax Mandates But these hopes were dashed on Friday, 15 October 2021, when the court delivered its judgement dismissing the cases. 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". 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. 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. 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. 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. Explore 159 research articles published on the topic of "Common Terminology Criteria for Adverse Events" in 2014. Reddit and its partners use cookies and similar technologies to provide you with a better experience. We are crowdfunding lawyers for Australians who want to fight their outrageous pandemic tickets. The specific public health directions have not yet been issued by the Victorian Government, however, the relevant press release is available here. Thats the bedrock problem. Save pages and articles youre most interested in to read later on. 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. 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. But we dont. NSW Supreme Court challenges to mandatory vaccination fail 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. CFMEU v Mt Arthur Coal Mine - A Positive Case in a Sea of Negatives 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.. 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 . Weve had law by decree in NSW, and indeed, at the federal level for some time. Remember this cannot be viewed afterwards and do not re-record and distribute. 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,. But there are a number of measures that may well be problematic. Corruption - Professor Kristine Macartney NSW Expert Witness received In his judgment, Justice Robert Beech-Jones noted that the function . Good, people must be severely punished when accusations are false and used as a weapon against another, more so against the other parent to prevent their children from seeing their other parent or people meaningful to the child. Validity of mandatory vaccination orders confirmed on appeal Please remember this corrupt woman is the expert witness called on to help defend Brad Hazzard yesterday. This is a subreddit for Australians (or anyone interested in Australian law) to discuss matters relating to Australian law. We note that prior to the judgement, on 3 October 2021 the Minister made an order which repealed Order (No 2) from effect on 11 October 2021. Then, one would hope that the trail would have to cease. Although it was contended that the impugned orders interfere with a persons right to bodily integrity and a host of other freedoms, his Honour explained, the proper analysis is that the impugned orders curtail freedom of movement which in turn affects a persons ability to work. (b) are inconsistent with the. 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. But these hopes were dashed on Friday, 15 October . Mandatory COVID Vaccinations - Closer to reality but still - LinkedIn NSW Supreme Court Judgment - Kassam; Henry v Hazzard (4:00pm) That is Auss. Is the hybrid work model the best of both worlds? 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. 'assault occasioning'! The plaintiffs failed on all grounds of their challenge. 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. So, are a number of the things that have been put in place really reasonable and proportionate responses to the health crisis? I'm reading through the whole thing, because I'm curious about the actual legal argument around the public health orders, so I've got some thoughts and questions. Exclusive Interview with Tony Nikolic from AFL solicitors explains today's judgment in Kassam & Henry v Hazzard. [LINK to full judgment] I have to say I am both impressed and dismayed by this critically important case heard before the full board of the Fair Work Commission, especially given the significant legal losses in Kassam v Hazzard, Larter v Hazzard, Can v NSW and Davis vs Sapphire Aged Care (leave a comment if you want links to any of those cases).. The judgement made in the case poses issues such as, whether or not courts have authority to put a stop to the Public Health and Wellbeing Act 2008 (Vic) . 16 votes, 15 comments. Hazzard is defending each case and plans to tender statements from a deputy chief health officer in support of his public health orders. On that basis, Justice Adamson dismissed Mr Larter's application. 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. PDF Search Engine Executive Summary (1 minute read) Can I Be Refused Entry to a Premises if I am Unvaccinated? More than a million people tuned in to the live stream of Kassam v Hazzard; Henry v Hazzard via the New South Wales Supreme Court's YouTube channel over the past couple of weeks, many hoping for a judgement that invalidates public health orders which mandate vaccines for certain industries, such as healthcare, aged care and construction.. Last Friday, the court delivered its judgement, and . NSW Supreme Court Judgement Australia Kassam, Henry v Hazzard. Credit: Dominic Lorrimer The lawsuits were brought by multiple plaintiffs, including . Subscription Information Kassam Henry v Hazzard Ruling. The Court found that: 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) . !and I don't even feel bad because I didn't even ask Noah to pick me at the recoupling . He also dismissed claims that Health Minister Brad Hazzard acted outside his powers, by not asking the right questions or failing to take into account relevant considerations. However, there are also current challenges in: 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. 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. But for those who were focused on rights issues prior to the COVID era, the fact that there is no broad protection for a range of citizens freedoms and liberties at the federal level is a well understood issue, which is usually neatly swept under the carpet. . PDF c The Australian Centre of Philanthropy and Nonprot Studies - QUT We dont have strong rights to bodily autonomy. The Henry and Kassam cases will also attempt to show the laws are for an improper purpose, breach privacy, breach natural justice and that the minister considered irrelevant matters when writing the laws. 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. There are also a range of articles designed to inform and ease the stress of those who are going to court. appropriate and adapted) to deal with the identified risk to public health and its possible consequences by making the orders. 12th European Conference on Traumatic Stress - Academia.edu Indeed, of late, rights issues have been front and centre in Middle Australia, whereas quite often freedoms and liberties have been taken for granted. 5 Comments. 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. The full decision is available here: Kassam v Hazzard; Henry v Hazzard - NSW . Using the adverse reactions as another tool. 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. B. Deline & L. A. Kahlor Planned Risk Information Avoidance: A Proposed Theoretical Model. 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. So, I can understand why that has left people very concerned about whether the decisions are correct, and whether they have been properly justified. 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. 4Johnston & Ors v Commissioner of Police & Anor; Witthahn & Ors v Chief Executive of Hospital and Health Services and Director General of Queensland Health & Ors [2021] QSC 275. Case Note: Kassam v Hazzard; Henry v Hazzard [2021] NSWSC 1320 27 October 2021 Prepared by Caitlin Moore (Graduate Lawyer) A full copy of the case can be accessed here. These proceedings were brought against the Health Minister only. So, that itself is highly problematic: that you would have such extraordinary powers exercised without the protections needed to ensure that they are proportionate. Supreme Court of New South Wales - Facebook The livestream is therefore no longer available. The overbearing law enforcement approach to the COVID pandemic, w [], By Paul Gregoire and Ugur Nedim We will call you to confirm your appointment. Do they (and their lawyers) genuinely think that every individual should be consulted on a public health order? p 28128 Category: Principal judgment Parties: Proceedings 2021/249601 Al-Munir Kassam (First Plaintiff) George Nohra (Second Plaintiff) . Nor did you have the public seeing the debate and scrutiny that would give them confidence that the right actions were being taken. 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. Nair Agroforestry decade of development Edited by Howard A. Steppler and P.K. Supreme Court of New South Wales, Beech- Jones CJ, 15 October 2021 . All Rights Reserved. Get updates on Rebel News coverage in Australia delivered straight to your inbox so you never miss a story! While many see this test case as a significant defeat over the policy of mandatory vaccinations, there are some important takeaways which shouldnt be dismissed. NSW Supreme Court will hand down its Judgment in the case of Kassam Even if we had a compulsion for people to receive vaccinations, that is still not civil conscription of doctors. Chief Judge at Common Law Beech-Jones explained in his findings that as there is no bill of rights at the federal level and nor at the state level in NSW the rights that may have been infringed upon would have to be those that the common law already recognises. 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. and that these health orders interfered with fundamental rights and freedoms. Key takeaways. But, in terms of vaccines, this was in line with the aims of the PHA. NSW Supreme Court Judgement Kassam, Henry v Hazzard. More than a million people tuned in to the live stream of Kassam v Hazzard; Henry v Hazzard via the New South Wales Supreme Court's 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. BREAKING: from the court filings in the #NSW Supreme Court case on mandatory vaccination. The Court affirmed that the orders do not violate the right to bodily integrity as the orders do not . 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. Scan this QR code to download the app now. As such, the assistance to be gained from the presumption will vary with the context in which it is applied. Itp produces sense, hence, that a strong ESG thesis can compose valueand in this article, we provide a framework for comprehension this five key ways it can do so. The case was initiated by members of a number of industries and sectors affected by the mandate. 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. Kassam Henry v Hazzard Ruling. - Constitution Watch We also share information about your use of our site with our social media, advertising and analytics partners who may combine it with other information that youve provided to them or that theyve collected from your use of their services. These have eroded the rights of all Australians, often in ways that are not fully understood. kassam - Reddit post and comment search - SocialGrep In Kassam v Hazzard and Henry v Hazzard. YOUR GUIDE | Access the CyberSight 360 hub for the latest cyber security news, information and resources. Or perhaps the fall of London Bridge . (a) failed to have regard to various relevant considerations; 1 The public health orders challenged were the Public Health (COVID-19 Vaccination of Health Care Workers) Order 2021 (NSW) and Public Health (COVID-19 Vaccination of Health Care Workers) Order (No 2) 2021 (NSW). The Supreme Court of New South Wales recently published a decision that found the NSW public health orders mandating COVID-19 vaccination for some workers were not unlawful. One set of proceedings was . These people were from the health, aged care, construction and education industries and Kassam v Hazzard: NSW Supreme Court - Challenging the . Steppler and P.K.R. 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.
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