Section 51A of the Hospital And Health Boards Act 2011 (QLD) in its practical operation or legal effect, authorised the issuance of health employment directives pursuant to the Public Service Act 2008 (QLD) (now the Public Sector Act 2023 (QLD)), in particular Health Employment Directive (HED) No 12/21 Employee COVID-19 vaccination requirements (“HED” or “the Directives”). The HED is invalid in law on various grounds, and therefore the act that authorizes it is invalid.
Therefore the aim in legal terms is to have the Court make a declaration that the Public Service Act 2008 (QLD) is invalid to the extent that it authorised the HED to unlawfully force workers to vaccinate under threat of continued or new employment.
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