Larter v Hazzard (No 2)

The case of Larter v Hazzard (No 2) involved an application by Ms Larter, a nurse, seeking declarations that two public health orders made by the Minister for Health under the Public Health Act 2010 (NSW) were invalid, and associated relief by way of injunctions. The orders required health care workers to be vaccinated against COVID-19 by specific dates to continue providing health care services. The dispute was heard in the Supreme Court of New South Wales.

The central legal issues before the court were whether the Minister had the authority to make the public health orders in light of the risk to public health posed by COVID-19, and whether the orders were consistent with Australia's international obligations. The court also had to consider the time limitations imposed by the Act on the duration of such orders. The Minister argued that the orders were reasonably necessary to protect public health and to prevent disruption to health services, with the Chief Medical Officer providing expert evidence in support.

The court found that it was reasonably open to the Minister to make the public health orders, considering the significant risk posed by COVID-19 and the need to protect vulnerable populations in health facilities. The court also noted that while the orders technically exceeded the 90-day limit, this did not invalidate them as the Minister's intent was to notify staff of the prohibition on unvaccinated workers. The court held that the orders did not contravene Australia's international human rights obligations, as the limitations on freedom of expression and religion were necessary to protect public health. The court concluded that it was not necessary to determine whether international law could be used to construe state legislation.

The court dismissed the application, finding that the orders were valid and that the plaintiff's claims were not substantiated by the evidence or the law.