Australia’s Largest Christian News Site

Falconer, a Senior Constable who describes himself as “pro-choice,” said the decision to dismiss his vaccine mandate appeal is “disappointing,” and that it will serve as a “cautionary tale” of what happens to Australians who “pursue justice and bodily autonomy.”

A vaccine mandate challenge brought against the West Australian Police Commissioner has been quashed by the Supreme Court in a decision handed down Tuesday afternoon.

WA Police officer Ben Falconer and Police staff member Les Finlay, both unvaccinated, sought to challenge whether the Police Commissioner had the authority to infringe on employees’ bodily integrity by ordering them to be vaccinated against Covid as a condition of employment.

However, the Supreme Court found that the directive made by then Commissioner Chris Dawson was “valid and lawful,” dismissing Falconer’s appeal of a 2022 court decision which determined that the WA Police vaccine mandate was justified due to the “extraordinary emergency” of the Covid pandemic.

The decision comes after the Queensland Supreme Court ruled in February that the Queensland Police Commissioner’s direction for mandatory Covid vaccination was unlawful under the Human Rights Act. However, WA does not have a Human Rights Act.

Tuesday’s Supreme Court ruling will have repercussions for more than a dozen WA Police officers and staff who were stood down when the WA Police Covid vaccination directive came into force in December 2021. Falconer and Finlay were not ordered to pay costs.

Falconer, a Senior Constable who describes himself as “pro-choice,” said the decision to dismiss his appeal is “disappointing,” and that it will serve as a “cautionary tale” of what happens to Australians who “pursue justice and bodily autonomy.”

“The purpose of the litigation was to discover what rights we have over our bodies in the workplace, and the judiciary and the government have given their perspective on that today,” Falconer told Dystopian Down Under after the decision was handed down.

“For me, I’m going to be torn to pieces by my employer, and I’ll be sacrificing my career. I welcome that, it’s a necessary good. I want people to carefully observe what happens now, and what happens to my colleagues.”

Falconer said that he now expects “a rapid dismissal” from the Police Force, as the Supreme Court decision brings an end to an injunction he had previously secured to prevent WA Police from firing him until legal proceedings were resolved.

Falconer said that he and his legal team will regroup in the coming days to decide their next move.

Impact of the Vaccine Mandate Decision

Senior Constable Lance French, who was stood down from the Police Force in December 2021, said he is “not surprised by the decision,” but that “it doesn’t feel right.”

“What rights do you have over your own bodily autonomy? You can be told to undergo a vaccination, which is a medical treatment — how far will that extend?” asked French outside the Court.

“Say there’s a shortage of hospital workers, it’s an ‘emergency.’ What if hospitals want to make nurses have IUDs [intrauterine contraception devices] inserted to stop them going on maternity leave? Where does it end?”

French said that he has informed WA Police numerous times over the past several years that he wants to return to work. He anticipates that he will now be dismissed.

Falconer said that concerned Australians should consider the impact that can be made at upcoming elections and “vote carefully.”

“Sadly our legislation is riddled with such dormant threats to our individual liberties,” he said. “This is not a time to be complacent.”

Ben Falconer spoke with Max Freedom Media in the Supreme Court Gardens after the decision was handed down.

Edit 30 April 2024: This article was updated to add information about the Queensland Supreme Court ruling on vaccine mandates.

___

Republished with thanks to Dystopian Down Under. Image courtesy of Richie George, Max Freedom Media.