Paramedic John Larter has failed in his legal bid to stop NSW Health mandating its workers to be vaccinated against COVID-19.
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The NSW Supreme Court handed down its decision on Wednesday after two days of hearings last week.
Justice Christine Adamson found in favour of NSW Health Minister Brad Hazzard on the central point of the case: that it was reasonable for him to mandate via public health orders that health workers must be fully vaccinated.
Mr Larter's barrister had told the court that his client did not want to get vaccinated due to personal beliefs.
The Paramedicine Council has suspended Mr Larter from practice and he is on paid sick leave.
Mr Larter, of Tumut in NSW's Riverina, said his case was in the "public interest" given concerns around the loss of civil liberties during the coronavirus pandemic and he would consult with his legal team about an appeal.
The court case had received significant public attention via social media.
Justice Christine Adamson found that Mr Larter's description of himself as a "conscientious objector" to vaccination on religious grounds did not relieve him of the obligation to follow valid public health orders.
Mr Larter took legal action against Mr Hazzard over public health orders requiring health care workers to be fully vaccinated by November 30 as a condition of providing services.
In her decision, Justice Adamson found Mr Hazzard had "reasonable grounds" to make the orders due to the risk to public health of coronavirus.
"The effect of the orders was to remove the increased risk of transmission posed by unvaccinated NSW Health workers," Justice Adamson said in her judgment.
"It would be of no comfort to the vulnerable patient who is infected by the unvaccinated health care worker to be told that he or she was unlucky by being in the wrong ward at the wrong time because most health care workers had been vaccinated."
Mr Larter told The Daily Advertiser that he had yet to speak to his legal team after the decision but would consult with them on a potential appeal.
"It's not the decision we were hoping for but we have to be respectful of the judicial system and we'll obviously take some advice from the legal people involved and see what eventuates," Mr Larter said.
Mr Hazzard's office did not respond to a request for comment.
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Justice Adamson accepted NSW Chief Health Officer Dr Kerry Chant's testimony that mandatory vaccination was needed to protect health workers and patients.
"Vaccination of health workers is a major factor in reducing the risk of infection and transmission to patients and other staff, thereby reducing the risk of outbreaks in health care settings," Dr Chant testified.
"The COVID-19 vaccines are effective in protecting against infection and transmission and are highly effective in preventing severe illness should infection occur."
Mr Larter told The Daily Advertiser that the decision meant that regional NSW would soon not have access to health workers and hospital beds that it could not afford to lose. "The government cannot replace the staff that they are getting rid of; they have no capacity to do it," he said.
The court case was livestreamed on the internet, attracting more than 10,000 simultaneous viewers at times.
"It was a public interest case based on a lot of erosion of civil liberties and freedoms," Mr Larter said.
Justice Adamson stated that Mr Larter's credibility had not been challenged during the case, but Mr Hazzard had been granted the power to make public health orders power by Parliament.
"The orders require [Mr Larter] to choose between abiding by the dictates of his conscience and continuing to practise in his chosen occupation," Justice Adamson stated.
"The dictates of his conscience do not relieve him from complying with, or being bound by, valid orders."
Justice Adamson reserved the question of costs and parties can make a submission within seven days.
Mr Larter raised more than $242,000 for his legal action via the online crowdfunding site GoFundMe.