A group of Queensland Police Service (QPS) employees’ legal bid to defy their Commissioner’s direction to be vaccinated for COVID19 has failed.
The full bench of Queensland’s Industrial Relation Commission (QIRC) rejected submissions that Police Commissioner Katarina Carroll had no power to mandate compulsory vaccinations, did not consult staff and infringed upon workers’ rights.
The QIRC ruled two dispute applications to challenge the Commissioner’s direction on three grounds have all failed and were dismissed.
The court’s decision means the 60 applicants of police and civilian employees would have to choose whether to be vaccinated or suspended without pay and/or dismissal.
The group, funded by a large-scale crowdfunding effort that raised more than $118,000, launched the action earlier this month.
The legal action was triggered by Commissioner Carroll’s direction for all QPS staff to receive one jab by October 4 or face suspension and possible dismissal unless exempt for health reasons.
The applicants asked the QIRC to consider whether it was lawful under their employment agreements to compel staff to receive a COVID-19 vaccine “against his or her will” and whether the QPS was legally allowed to take “disciplinary action” against those who failed to comply with the direction.
Some QPS employees said they were not given sufficient time to make submissions for exemptions against the vaccination or consulted.
In an affidavit from Senior Constable Luis Larrarte, the officer from Springsure in the Central Highlands said his application for an exemption was denied and the vaccine had not stopped people from being infected with COVID-19.
According to the QIRC documents, Senior Constable Luis Larrarte had “researched the vaccines on the internet and exhibited to his affidavit the various documents that he discovered”.
“Those documents led Senior Constable Larrarte to assert that the vaccines were only provisionally referred for clinical use in Australia and were experimental,” the QIRC documents said.
Civilian employee Janette Colebourne “asserted she was never consulted about the direction”.
“She emailed two colleagues, two of whom responded asserting that they had also not been consulted. She explained her stress and disappointment at the process which resulted in the direction,” according to the QIRC decision.
Infectious disease specialist Dr. Andrew Redmond provided evidence on behalf of the QPS that the COVID-19 vaccines were not experimental and provisionally approved by several licensing bodies, including the Therapeutic Goods Administration (TGA).
The QPS further argued in its application that Commissioner Carroll’s direction did more than “simply direct officers” to receive the vaccination by a certain date.
The QIRC explained in the direction that the QPS must be operationally ready to fulfil its policing role and that COVID-19 challenges that ability.
“Rapid transmission of COVID19 through the Queensland Police Service would take police officers and staff members out of service while they undertake quarantine periods or recover from COVID-19,” the documents state.
“In an extreme scenario, this could reduce the availability of police officers and staff members for deployment and threaten the ability of the Queensland Police Service to serve the community.”
All QPS employees must now be vaccinated by January 23 next year or face suspension without pay or dismissal.
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