Larter v Hazzard

In *Larter v Hazzard*, the applicant, a healthcare worker employed by the state, challenged public health orders made under section 7 of the *Public Health Act 2010* (NSW). These orders mandated vaccination for state-employed healthcare workers by specific dates. The applicant contended that the Minister lacked the authority to make these orders, questioning their validity in light of public health risks, their duration exceeding statutory limits, and their alleged inconsistency with the International Covenant on Civil and Political Rights. The matter was heard by Brereton and Mitchelmore JJA.

The central legal issues before the court were whether the Minister acted within their powers in issuing the vaccination mandates, particularly concerning the assessment of public health risks. The court was also required to determine if the orders could lawfully extend beyond the 90-day limit prescribed by the *Public Health Act 2010* (NSW), and whether the mandates were incompatible with the rights protected under the International Covenant on Civil and Political Rights.

The Court of Appeal granted the applicant an extension of time to apply for leave to appeal, backdated to the filing of the summons. However, the Court ultimately refused leave to appeal and ordered the applicant to pay the costs of the proceedings.