He has also called for the State of Western Australia and the Police Commissioner to be stopped from enforcing the mandate on five separate grounds including that the direction is “legally irrational”.
Mr Falconer also argued that under the WA Police Act 1892 the direction is not lawful or reasonable.
Commissioner Chris Dawson first notified police officers they would be required to be vaccinated on November 24 after receiving advice from WA Chief Health Officer Andrew Robertson.
Dr Robertson said “due to the large workforce, their close interaction with the community, the unpredictable nature of the work they do, the interaction with vulnerable communities… there was a strong public health benefit to mandating COVID-19 vaccination for the entire workforce”.
Judge Jeremy Allanson has issued an interlocutory injunction restraining Commissioner Dawson, until further order, from dismissing Mr Falconer.
“The questions raised by this action must be heard and determined quickly,” he said.
“I will list the matter for directions hearing immediately following the court recess. The action should be heard in the first quarter of 2022.”
Commissioner Dawson said the decision was only an interim decision and only applied to Mr Falconer, not other officers.
“The matter will be now directed to further directions on January 12 and likely to be then conducted with a trial,” he said.
“That does not affect the Chief Health Officer’s order, so that means none of these police officers, and this particular applicant will be able to attend police facilities in the interim period.”
It is unclear if Mr Falconer and the other officers will remain on full pay throughout the court process.
WA Police constable to challenge vaccine mandates in Supreme Court trial
Source: Philippines Alive
