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ABC News
ABC News
Health
court reporter Jamelle Wells

NSW workers lose appeal against mandatory COVID-19 vaccines

Workers have lost an appeal against orders upholding mandatory COVID-19 vaccines. (AAP: Brendon Thorne)

A group of NSW workers have had their appeal against mandatory COVID-19 vaccines thrown out.

The workers appealed against an October court ruling that upheld public health orders made by the Health Minister Brad Hazzard, mandating vaccines for police, health and aged care workers, public school and preschool staff and construction workers.

The plaintiffs, from a range of industries, included construction worker Al-Munir Kassam and aged care worker Natasha Henry.

They sought to have the orders declared invalid, arguing they infringed on freedom, privacy, and the bodily integrity of people who did not want to be vaccinated.

The appeal against Justice Robert Beech-Jones's ruling was based on several grounds, including that he did not adequately consider their right to earn a living.

In October, more than 40,000 people watched a live stream of the ruling online.

The workers argued their employment future was affected by compulsory vaccines and some of them lived in declared areas of concern, with travel restrictions imposed on them.

In dismissing the appeal today, Justice Andrew Bell said a Court of Appeal panel had concluded that the public health orders "proceeded on the basis that persons, including authorised workers, could choose not to be vaccinated".

'Further, the impugned Orders contained no sanction for the exercise of the choice not to receive a vaccination,' he said.

Justice Bell ordered the workers to pay court costs.

In upholding the orders in October, Justice Beech-Jones found they were legal and reasonable and authorised under the Public Health Act, which was designed to ensure public safety.

The judge said the orders curtailed freedom of movement, but noted that people's bodily integrity was not violated because "the impugned orders do not authorise the involuntary vaccination of anyone".

Justice Beech-Jones stressed that the plaintiffs "made an informed choice to refuse to be vaccinated".

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