From Queensland, Australia; a class action lawsuit has been filed by hundreds of current and former Queensland police officers and staff against the Queensland government and Queensland Police Service, over COVID-19 vaccine mandates that resulted in hundreds being suspended or relieved from duty for noncompliance.
This class action lawsuit follows a February 2024 Supreme Court of Queensland ruling by Justice Glen Martin in a case challenging the legality of COVID-19 vaccination mandates for Queensland Police Service (QPS) and Queensland Ambulance Service (QAS) employees.
In 2021, QPS Commissioner Katarina Carroll mandated all staff receive their first and second vaccine doses by October 4th and December 17th respectively, and a booster when eligible, with proof required. A second, broader directive, followed on December 14, 2021.
Also in September of 2021, QAS Director-General Dr. John Wakefield mandated vaccination for ambulance staff unless exempted, citing safety concerns.
Over 40 QPS and QAS employees challenged these directives, under Australia’s Human Rights Act (HRA).
Justice Glenn Martin ruled both directives unlawful.
For QPS, the Commissioner’s brief memorandum failed to consider rights like equality, privacy, liberty, and freedom of thought under HRA section 58, lacking evidence to justify limits.
The QAS directive, while evaluating the human rights implications, exceeded the Ambulance Service Act of 1991 and was unsupported by evidence of specific risk.
The QPS decision emphasizes procedural rigor under the HRA, demanding “transparent, evidence-based justification for the limitations of rights”. The QAS ruling clarifies statutory boundaries, rejecting overreach “absent explicit legislative backing”. Together, they affirm that even in a crisis, administrative actions must align with human rights and legal authority.
To clarify – Justice Martin did not find the mandates themselves inherently unreasonable or unlawful, but faulted their execution, suggesting better process or legislation could have upheld both. Injunctions halted the enforcement of both directives.
His decision has set a precedent for balancing emergency measures with human rights, influencing future rulings surrounding emergency mandates and impacting future public health policies in Australia.
We, at Police on Guard, spearheaded our own federal employee class action lawsuit in Canada, on behalf of hundreds of police officers and employees from within our government and other federally regulated agencies; this lawsuit is still before the courts.
We are pleased to see other officers and federal employees around the world standing against the overreaching mandates and their blanket approach to enforcement, ignorant of the human rights impacts.
Despite Covid mandates having been rescinded around the world, efforts must continue to ensure that future applications of emergency measures properly consider and support the rights and freedoms of those impacted.
These cases should not be permitted to be dismissed as ‘moot’ simply on the basis of mandates being temporarily revoked. Our courts must acknowledge that there will surely be a ‘next time’ and apply sound judgement that will set a precedent, ensuring our rights as individuals will be both protected and respected in the future.
To read more on the case, click here
