Queenslanders to pursue legal challenges against COVID-19 directives after successful appeal

Several Queenslanders, including small business owners and teachers, who had their legal challenges against COVID-19 vaccine directives thrown out can continue fighting their cases after a successful appeal.

In 2022, two groups of people launched Supreme Court action alleging directives made by two chief health officers (CHO) and the state government during the pandemic were unlawful. They also alleged some of the directions breached parts of the Human Rights Act. The 19 applicants were made up of Education Queensland employees, privately employed teachers, early educators, and hospitality owners and businesses.

Of the individuals in the claims, most had refused to receive COVID-19 vaccinations, which under the health directives at the time prevented them from working. Others were unable to permit staff and customers who were not vaccinated to enter their business.

However, in 2023, before the matter reached the trial stage and the substantive legal and factual arguments could be made, their applications were dismissed. At the time, a Supreme Court judge ruled the groups 'never had … or ceased to have' legal standing, as the health directives had since been revoked. Because of this, it was ruled they were 'no longer adversely affected' and would 'incur no foreseeable consequence'.

The applicants appealed that decision last year, and on Tuesday it was overturned. Three Court of Appeal judges found they did have legal standing and ordered that the appeals be allowed. When determining if there were any other grounds to dismiss the applications, Justice John Bond said there was 'no other good reason to deny the applicants their day in court'. 'In an attempt to establish the merits of their claims for declaratory orders in relation to alleged past contraventions,' he said in a published decision.

Outside court the lawyer representing the groups, Sam Iskander, said he was 'really happy' with the outcome, which allows both civil cases to continue. The decision comes almost 18 months after separate workplace vaccine mandate challenges were successful. A court determined directions given to some frontline workers were unlawful or of no effect.