The Court of Appeal’s legal ruling was crucial. It’s set this diverse cohort of 19 school district, enterprise, and association applicants—including neighborhood teachers and business owners—on their way to challenging and upending COVID-19 vaccine directives handed down by state health officials. Late in 2022, the applicants made their move by bringing their case to the U.S. With their action, they challenged the legality of directives imposed by two separate Chief Health Officers throughout the pandemic.
The class action, made up of employees of Education Queensland, privately employed teachers and owners of hospitality businesses, claimed that the orders were illegal. They argued that some of the requirements of the directives violated their rights under the Human Rights Act. In 2023, their applications were dismissed before they could reach the trial stage, prompting the group to file an appeal.
Justice John Bond, presiding over the appeal, emphasized that there was “no other good reason to deny the applicants their day in Court.” The court recognized the importance of allowing people to challenge government decisions that severely curtail their rights. That’s what empowers these people to really fight for their livelihoods.
The Court of Appeal justices concluded that the applicants did indeed have legal standing to pursue their case. In finding that these appeals should be permitted, they allowed both civil cases to move forward. Justice Bond stated, “There is a strong public interest in determining whether or not there is any merit in their claims.” This further emphasizes the court’s understanding of the larger stakes at play in these cases.
The applicants have a steep hill to climb on the merits of their argument. They argue that several directives were unlawful under various provisions of the Human Rights Act. The impact of the decision in these proceedings would extend beyond those specific cases to other similar cases and to state and local public health policy concerning quasi-judicial orders.
“In an attempt to establish the merits of their claims for declaratory orders in relation to alleged past contraventions,” – Justice John Bond
This legal battle captures the continued pushback against public health measures. It focuses particularly on the conflict between these protective measures and individual rights in the context of the pandemic. As the court case proceeds, millions will be watching. Further, they wish to see how this ruling will impact public health applicants as well as more widely public health policy going forward.
