Court rejects legal challenge to mandatory vaccination

A right to bodily integrity is not violated because an individual agrees to be vaccinated to avoid a prohibition on movement, Supreme Court judge declares
Tony Nikolic. Photo: Fairfax

A judge has dismissed legal challenges to health orders mandating COVID-19 vaccinations for workers, saying they are no different to demands for pre-employment medical checks.

The cases, heard in the NSW Supreme Court, involved 10 plaintiffs, who included three aged care workers and a pathology worker.

They alleged their employment had been undermined by the state’s demand that they should be fully vaccinated by 30 September, with their lawyers arguing the requirement was a breach of human rights and an “unreasonable” response to the coronavirus threat.  

But on Friday, Justice Robert Beech-Jones threw out the case.