Rumours of a Legal Victory Against a Vaccine Mandate in NSW Australia

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  • Sat, Sep 25, 2021 - 03:38pm

    #1
    HPHovercraft

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    Rumours of a Legal Victory Against a Vaccine Mandate in NSW Australia

I have no legal training or understanding.  So I would greatly appreciate any commentary or interpretation that anyone is able to provide on this development.

There are currently rumours in Australia of a victory against a vaccine mandate issued by the NSW Government in NSW Australia.

The case in question

This is the case in question:

Police Officer Challenges Government’s Vaccination Policy [sydneycriminallawyers.com.au]

Senior Constable Belinda Hocroft, who is attached to the Dog and Mounted Police unit, has filed civil proceedings in the Supreme Court of NSW against the health minister seeking a declaration that the government does not have the power to pass orders which essentially coerce people into being vaccinated.

Ms Hocroft’s legal team says the lawsuit, “specifically challenges the extent to which the Government may coerce its citizens to have themselves injected with a drug they object to taking, especially when there is a less intrusive alternative of having the unvaccinated citizens tested to ensure that they are not carrying the virus.”

The Senior Constable has been working as a NSW Police Officer for 14 years and has been told that she cannot return to work until she has had one dose of the Covid-19 vaccination because she comes from a ‘hotspot’ zone.

Just to indicate how close to home her situation is, this looks like the same vaccine mandate that I faced and addressed (avoided) by changing my place (location) of employment. Kudos to my employer for allowing me to do this.

MSM reporting

I gather, this case was “settled out of court”. In the news media, if any mention is made of this case, it is being said to have been ”dismissed”. For example:

Barrister Daniel Reynolds, acting for the NSW government, told Justice Robert Beech-Jones on Friday that one of the proceedings, brought by a member of the NSW Police mounted unit, had been dismissed.

From:

Lawsuits straining NSW Health staff’s response to pandemic [news.com.au]

Craig Kelly MP’s commentary

Craig Kelly MP, the maverick leader of the United Australia Party, has written the following commentary on a facebook page:

Craig Kelly’s Medical Misinformation and Climate Change Denial Page [facebook.com]

20 September at 23:45

The local anti-vax world is excited today about the legal case involving NSW Police officer Belinda Hocroft.

If you are not familiar with this case, she was taking legal action against the government due to the requirement for police to be vaccinated.

Apparently, this case was settled out of court today in favour of Hocroft and this is now a reference case for anyone else in the same position because it sets a precedent that proves that vaccine mandates are unlawful.

This sounds a bit odd, because how could an out of court settlement be used to set a precedent for future court cases when the court did not make any judgement?

Also, there is the minor detail that the lawyer has reportedly confirmed that the case was discontinued by Hocroft rather than being settled out of court.

But if Christian Porter can claim that him discontinuing a defamation action against the ABC was a win, why shouldn’t anti-vaxxers claim this as a win?

Footnotes

The United Australia Party (founded by the eccentric Australian mining magnate Clive Palmer) is one of the few political parties in Australia to explicitly oppose vaccines and so vaccine mandates. For more about this see the ‘politics again’ section of this post [peakprosperity.com].

For Craig Kelly MP, see:

Craig Kelly [wikipedia.org]

The reference to Christian Porter is a minister in the Morrison Federal government, who has been involved in lots of scandals of late.

Christian Porter [wikipedia.org]

 

HP

  • Sat, Sep 25, 2021 - 06:35pm

    #2
    Aus

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    Rumours of a Legal Victory Against a Vaccine Mandate in NSW Australia

Wonder if UAP could get in at the next election? Wouldn’t that be interesting…..bit like the US though I fear, will be rigged

  • Sat, Sep 25, 2021 - 09:14pm

    #3
    Hadron

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    Rumours of a Legal Victory Against a Vaccine Mandate in NSW Australia

The entry from @KKiwi that you mentioned is relevant also.

Vaccine Mandate at Work [peakprosperity.com]

https://www.parliament.nsw.gov.au/bills/Pages/bill-details.aspx?pk=3835

What a bombshell! The government is trying to change the law to reduce its risk of liability from vaccine complications and loss of work from those stood down by passing on this risk to private companies!

Sure, they may try to put caps on compensation, but this needs to be protested very loudly and by means that cant be censored such as letterbox drop that you mentioned in the “Medical Practitioners in Brisbane” thread. Good data-driven and factual information just has to come from someone other than Clive so that it cant be stomped on.

What company is going to back vaccine mandates if this is brought to their attention?

  • Sat, Sep 25, 2021 - 09:39pm

    #4
    lacking_vegetables

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    Reply To: Rumours of a Legal Victory Against a Vaccine Mandate in NSW Australia

What a bombshell! The government is trying to change the law to reduce its risk of liability from vaccine complications and loss of work from those stood down by passing on this risk to private companies!

Sure, they may try to put caps on compensation, but this needs to be protested very loudly and by means that cant be censored such as letterbox drop that you mentioned in the “Medical Practitioners in Brisbane” thread. Good data-driven and factual information just has to come from someone other than Clive so that it cant be stomped on.

What company is going to back vaccine mandates if this is brought to their attention?

There is another way to look at this news. The government currently doesn’t take liability but as you said the moment someone takes liability then they will probably push back. That seems positive as you said because companies won’t back such a mandate.

For context I had a look at the amendment. It is proposed by Rev Fred Nile from the Democratic Christian Party. They are against mandatory vaccines so I’m guessing the potential consequences are intended:

https://www.facebook.com/frednilecdp/posts/368757464621526

  • Sat, Sep 25, 2021 - 10:42pm   (Reply to #4)

    #5
    Bootszarawalken

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    Rumours of a Legal Victory Against a Vaccine Mandate in NSW Australia

Hi there,

The plaintiff in this case withdrew her claim at the 11th hour – literally.

It wasn’t a win.

My understanding is even her lawyers were surprised by her decision to withdraw as they thought she had a very solid case. Speculation is she was paid off or coerced but it’s only speculation and not proven fact.

She had four kids to feed so I’m sure her decision was based on what she felt was the best course of action to protect them.

Cheers.

 

  • Sat, Sep 25, 2021 - 10:57pm   (Reply to #2)

    #6
    Susan Heming

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    Rumours of a Legal Victory Against a Vaccine Mandate in NSW Australia

Clive Palmer is vulnerable. Before the last election, he had legal issues with a Chinese company and was fighting them in court only to end up with the W.A. Premier being used by China (in my opinion) to mount legal challenges against him and make allegations that were taken up by the media. Most people seem to believe media reporting and don’t go looking for evidence for themselves, so I would expect him (and therefore Craig Kelly) to be thoroughly attacked and discredited unless media organisations recognise the threat posed by our own governments and therefore give the United Australia Party a fair go. It is possible that they might want to be on the side of justice but they are in the pocket of pharmaceutical companies and other interests, so it would probably be asking too much. I don’t know who to vote for. I am considering the United Australia Party but I am leaning towards One Nation. I have not voted for them before, but I will not vote for either of the two major parties. I want to vote for a party that will protect democratic freedoms in this country and tell the truth to the people. From what I can see, both Craig Kelly and Pauline Hanson are truth tellers. However, I see a real risk of our votes being fragmented across smaller parties in protest against the tyranny we are seeing now. I would like to see these parties getting together and forming a coalition to fight against the extreme, controlling overreach of governments. I would also like to see a Royal Commission investigating the origins of all Covid 19 related policies in Australia.

  • Sun, Sep 26, 2021 - 12:48am

    #7
    HPHovercraft

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    Reply To: Rumours of a Legal Victory Against a Vaccine Mandate in NSW Australia

Thanks everyone for your thoughtful replies and analysis.

Further legal context

Apparently, Belinda was represented by Charly Tannous of Sage Solicitors.

Political context

It is worth noting that Clive Palmer is not the only one who is vulnerable.

Some further context, especially for those who are not familiar with Australian politics. Clive Palmer’s United Australian Party (UAP) is a small political party in Australia which has a history of punching well above its weight. The last (2019) Federal election in Australia was, in large part, fought out in the decisive state of
Queensland where Clive is located.

In this, next day, post-election analysis of that election, the very first thing that the Deputy Opposition Leader Tanya Plibersek of the Australia Labor Party (ALP), which lost that election which they were expected to win, mentions, in respect to “what went wrong”, is Clive Palmer’s UAP.

Sunday 19 May Post-Election Special [abc.net.au]

See especially, the 16 minute and 18 minute marks.

If anyone can get a message out, it’s Clive Palmer.

HP

 

  • Tue, Sep 28, 2021 - 05:29am

    #8
    TamHob

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    Rumours of a Legal Victory Against a Vaccine Mandate in NSW Australia

Liberal Democrats (David Limbrick in Victoria and Campbell Newman just joined them) are also fighting vax mandates hard. They’re sort of conservative/libertarian flavoured. I’ve seen a few interviews by Campbell Newman about the issues. A couple members of the Liberal Party have also gone rogue on the issue – Tracey Davis and George Christianson.

  • Thu, Sep 30, 2021 - 04:09am   (Reply to #8)

    #9
    Susan Heming

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    Rumours of a Legal Victory Against a Vaccine Mandate in NSW Australia

I would like to see these different parties get together and fight the big parties and create a new coalition. The establishment will fight back, though.

  • Thu, Sep 30, 2021 - 05:45am

    #10
    Bridie

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    Reply To: Rumours of a Legal Victory Against a Vaccine Mandate in NSW Australia

The latest announcement. Not surprising, but infuriating – segregation on the basis of vaccination status and the plan to keep unvaccinated people in regional NSW locked in their homes from 11 October until 1 December…

https://www.skynews.com.au/australia-news/coronavirus/deputy-premier-john-barilaro-confirms-unvaccinated-residents-freed-from-lockdown-in-regional-nsw-will-lose-freedoms/news-story/d3df43bccb9ec152812a78bad151db17

 

 

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