View Kassam v. Hazzard [2021] NSWSC 1320.pdf from ART 6 at Cavendish University Uganda. Corruption - Professor Kristine Macartney NSW Expert Witness received We will call you to confirm your appointment. Recap of recent mandatory vaccination cases - Allens The Court's role is to adjudicate on the legality of the administrative action and not the merits of the decision. All information on this site is of a general nature only and is not intended to be relied upon as, nor to be a substitute for, specific legal professional advice. 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) . New comments cannot be posted and votes cannot be cast. 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. You may be trying to access this site from a secured browser on the server. Sydney Criminal Lawyers spoke to the eminent Professor George Williams about the constitutional ground raised in Kassam, the difference a bill of rights could have made to the case, and why, until we get such a law at the federal level, its near impossible to get any traction in such cases. Exclusive Interview with Tony Nikolic from AFL solicitors explains September 8, 2021: The Timing is Hinging On & A Call to Action for Oz 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,. Applying for a grant of letters of administration, 4. Vaccine mandate upheld in NSW | enableHR By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. 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. and that these health orders interfered with fundamental rights and freedoms. Natasha Henry v Brad Hazzard: Cabinet documents won't be revealed in 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. Where the ground of legal challenge is unreasonableness as it was in this case, some investigation of the merits of the decision is necessary but the limitation in the Courts ability to review the merits is extremely confined. In his judgement, Justice Beech remarked that while the plaintiffs sought to deploy the principle of legality which is a rule of statutory construction to the effect that, in the absence of a clear indication to the contrary, it is presumed that statutes are not intended to modify or abrogate fundamental rights. 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.. 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. Kassam v. Hazzard 2021 NSWSC 1320.pdf - Course Hero The court disagreed with every argument presented by the plaintiffs, rejecting all challenges on all grounds. Posted October 26, 2021 by Sydney Criminal Lawyers & filed under Criminal Law, NSW Courts. In making the health orders, the Minister: Kassam Versus Hazzard: What the Supreme Court Found We dont have strong rights to bodily autonomy. The highly contagious Delta variant of the COVID-19 virus entered NSW in mid-June. In the simplest of terms, the no jab, no job policies left thousands of workers with no option other that to receive approved COVID-19 vaccinations or be unable to attend their workplaces. Govt polarises community over mandatory vax - The Echo Relied on by both sets of plaintiffs, one of the main grounds involved in the case was whether the limitations and restrictions placed on certain workers due to their decision not to get the vaccine led to their right to bodily integrity being infringed upon. Kassam v Hazzard 6 January 2022; S3/2022 [2021] NSWCA 299; Eliezer v The . The hearing in the - Supreme Court of New South Wales - Facebook Curtailing the free movement of persons including their movement to and at work are the very type of restrictions that the PHA clearly authorises, explained the justice, who then knocked down the argument that this then violates the right to work, as common law doesnt protect this right. Keep up-to-date with our regular news and insights, Level 11 Waterfront Place 1 Eagle Street, Brisbane QLD 4000, Level 15 Olderfleet 477 Collins Street, Melbourne VIC 3000, Level 19 Angel Place 123 Pitt Street, Sydney NSW 2000, Victorian Supreme Court: where more than one hundred plaintiffs are using the same barristers involved in, Federal Court: brought on behalf of unvaccinated nurses in Victoria, which is listed for hearing on 1 November 2021, New South Wales Supreme Court: in response to different plaintiffs, which is due to commence trial on 4 November 2021, Supreme Court of Queensland: which is listed for hearing on 22 December 2021. There is a lack of knowledge about the state of affairs of the trauma treatments in Europe. He makes sense, therefore, that adenine stronger ESG proposition bucket create valueand on this article, ours provide ampere scale with understanding that five key ways it can achieve then. 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. Justice Adamson cited the recent decision of Kassam v Hazzard; Henry v Hazzard [2021] NSWSC 1320 (learn more about the decision here), which has become a leading case in respect of the validity of public health orders made regarding the COVID-19 pandemic. The NSW Court of Appeal, having granted partial leave to appeal in these two related matters, dismissed the appeals. The professor has explained that the pursuit of rights-encroaching antiterror laws following 9/11 was in no way confined to our country. PEOPLE were hoping and praying for an outcome in the Kassam and Henry v Hazzard cases that reflected Australia's . Applying for a grant of administration with the Will annexed, 3. 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. The Offence of Failing to Comply With a Public Health Order. (b) are inconsistent with the. He also dismissed claims Health Minister Brad Hazzard acted outside his powers, by not asking . We will call you to confirm your appointment. 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. Thats the bedrock problem. To deal with the larger problem you need the political solution, hence the call for a bill of rights a charter of rights that actually puts something within our legal system that provides respect and protection of these rights. us, in Commonwealth v Progress Advertising & Press Agency Co Pty 5Ltd, Higgins J explained: Now, the word necessary" may be construed liberally, not as me" aning . Significance of the Kassam decision. appropriate and adapted) to deal with the identified risk to public health and its possible consequences by making the orders. However, as Williams underscores, in Australia, the reach and volume of these laws is much broader than in comparable liberal democracies. 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 [section 4.24 (1) and (2)]. But we dont. I'm a law student and I've got some questions about the Kassam v Hazzard case. In fact, a UN resolution called for it to happen. Do they (and their lawyers) genuinely think that every individual should be consulted on a public health order? Kaur_Simar Jeet_s4538659_Admin Law_ Research Essay.docx Proposed Law Would Make Employers Liable for Injuries Arising from Vaccine Mandates. Top 159 papers published in the topic of Common Terminology Criteria Kassam v Hazzard; Henry v Hazzard [2021] NSWSC 1320. On Wednesday, the court heard the final submissions for two suits that sought to invalidate Public Health (COVID-19 Additional Restrictions for Delta Outbreak) Order (No 2) 2021 (NSW) (Delta Order). 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 . The problem for the case is that firstly, it only applies to Commonwealth laws and not state laws. Please enter your email address below and click on Sign Up for daily newsletters from Australasian Lawyer. 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. Judgment Text - Kassam; Henry v Hazzard : r/auslaw - Reddit The findings released by Justice Beech-Jones provide a detailed explanation of the consideration he gave to each of the close to a dozen separate grounds raised against the health measures, as well asthorough reasons as to why each of them didnt stand. 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. Kassam v Hazzard; Henry v Hazzard [2021] NSWSC 1320 (on Caselaw) saw the Court dismiss two proceedings which in substance sought orders that certain Covid 19 public health orders were invalid.Justice Beech-Jones, the Chief Judge at Common Law, stated at [9] - [11]: 9 Although it was contended that the impugned orders interfere with a person's right to bodily integrity and a host of other . Mr Larter has not yet confirmed whether he will appeal Justice Adamson's decision. The two proceedings of Kassam v Hazzard; Henry v Hazzard [2021] NSWSC 1320, heard together, named as Defendants the NSW Minister for Health and Medical Research, Brad Hazzard, the NSW Chief Health Officer Dr Kerry Chant, the State of NSW and the Commonwealth of Australia. Not Guilty of Sexual Assault and Legal Costs Awarded, Doctor Permitted to Continue Practising During Proceedings and Ultimately Found Not Guilty of Sexual Assault, Not Guilty of All Six Charges of Sexual Assault and Assault Occasioning Actual Bodily Harm, Bail Granted Before All Charges Dropped Over Sexual Assault and Strangulation Allegations, Charges of Sexual Touching Without Consent Dropped, Bail Granted Despite Allegations of Serious Child Sexual Offences, Not Guilty of Sexual Touching Without Consent, District Court Severity Appeal Successful for Middle-Range Drink Driving, No Criminal Record, Licence Disqualification or Fine for Mid-Range Drink Driving, RMS Driver and Rider Licence Suspensions Set Aside on Appeal, RMS Driver Licence Suspension Set Aside for Red P-Plater, No Criminal Record for Mid Range Drink Driving, With No Bill of Rights, Kassam v Hazzard Was Bound to Fail: An Interview With Professor George Williams, NSW Supreme Court Rejects Challenges to Public Health Orders, COVID Restrictions Are Legal, Australian Courts Rule, The Need for a Bill of Rights: An Interview with UNSW Professor George Williams, COVID-19 Highlights the Need for an Australian Bill of Rights, Australia Needs a Bill of Rights: An Interview with MP Andrew Wilkie, Workers Push Back Against Covid-19 Vaccination Mandates. Please turn on JavaScript and try again. And this led to health measures being imposed throughout Greater Sydney, which placed extreme restrictions on peoples freedoms, especially on those not vaccinated. Validity of mandatory vaccination orders confirmed on appeal The livestream is therefore no longer available. Yes. PDF Case Note: Kassam v Hazzard; Henry v Hazzard [2021] NSWSC 1320 - Integroe 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. By accepting all cookies, you agree to our use of cookies to deliver and maintain our services and site, improve the quality of Reddit, personalize Reddit content and advertising, and measure the effectiveness of advertising. Get updates on Rebel News coverage in Australia delivered straight to your inbox so you never miss a story! 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. NSW Supreme Court will hand down its Judgment in the case of Kassam NSW Supreme Court strikes down latest challenge to vaccine mandate Tony Nikolic from AFL solicitors told Monica Smit of Reignite Democracy he disagreed with the dismissal of the cases, but he was also an advocate for a bill of rights. Mandatory COVID Vaccinations - Closer to reality but still - LinkedIn Information about Sydney Criminal Lawyers is also provided. Not Guilty of Sexual Assault and Legal Costs Awarded, Doctor Permitted to Continue Practising During Proceedings and Ultimately Found Not Guilty of Sexual Assault, Not Guilty of All Six Charges of Sexual Assault and Assault Occasioning Actual Bodily Harm, Bail Granted Before All Charges Dropped Over Sexual Assault and Strangulation Allegations, Charges of Sexual Touching Without Consent Dropped, Bail Granted Despite Allegations of Serious Child Sexual Offences, Not Guilty of Sexual Touching Without Consent, District Court Severity Appeal Successful for Middle-Range Drink Driving, No Criminal Record, Licence Disqualification or Fine for Mid-Range Drink Driving, RMS Driver and Rider Licence Suspensions Set Aside on Appeal, RMS Driver Licence Suspension Set Aside for Red P-Plater, No Criminal Record for Mid Range Drink Driving, NSW Supreme Court Rejects Challenges to Public Health Orders, In the judgement published on the NSW Supreme Court website, such as the one by NSW paramedic John Larter, which is yet to be heard by the courts, the backlash from the public over these mandates, Australia urgently needs a Bill of Rights. 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. PDF Search Engine Executive Summary (1 minute read) 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.. Instead, the court's function is to determine the legal validity of the orders, which includes considering whether no Minister acting reasonably could have considered the health orders necessary to deal with the risk to public health and its possible consequences. But there are a number of measures that may well be problematic. . ; The case of Jennifer Kimber v Sapphire Coast Community Aged Care lends further support to the ability of . - the government is in full social-destruction mode; this is the attitude that gets us 'Alice Springs' today. Get business, like every business, is deeply intertwined with environmental, social, the administration (ESG) affairs. Can Police Enter My Residence to Check Compliance With a Public Health Order? 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.. If the j is a trial, then only those who choose to participate agree to do so. 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. Privacy Policy. Constitutional Law Professor George Williams.