Police Constable Wins Supreme Court Case Over COVID-19 Vaccine Refusal
Victorian Supreme Court has overturned the charge of “breach of discipline” for failing to meet vaccine requirements.
In a groundbreaking ruling by the Supreme Court, a senior constable in Victoria has successfully fought against charges for not receiving the COVID-19 vaccine. This decision has the potential to establish a precedent for others affected by vaccine mandates in Victoria and across Australia.
The case revolved around whether providing proof of vaccination status required receiving the COVID-19 vaccine dose.
Constable Simon Peter Shearer was accused of breaching discipline by not complying with the COVID-19 vaccination rules outlined in the Victoria Police Manual.
The constable’s choice not to get any COVID-19 vaccine dose by August 16, 2022, resulted in an internal disciplinary investigation initiated by the Victorian Police chief commissioner.
“The plaintiff’s failure to receive a COVID-19 vaccine dose by August 16, 2022, did not violate the Victoria Police Manual,” Judge McDonald stated.
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“As a result, the DIO [disciplinary inquiry officer] did not have the authority to reprimand the plaintiff for breaching discipline.”
Additionally, the judge noted that the plaintiff was denied fair procedural treatment for two reasons.
“First, the charge did not sufficiently notify the plaintiff of the allegations he needed to address,” Judge McDonald observed.
“Second, the DIO failed to disclose crucial issues to the plaintiff that were fundamental to his decision to find the charge substantiated.”
Constable Shearer, who had been serving in Victoria Police’s legal services department as a lawyer since 2023, had a medical exemption from vaccine requirements due to Graves’ disease, an autoimmune disorder affecting the thyroid, known as Graves’ disease.
Court records indicate that this exemption expired in 2021.
Moreover, the constable took annual long service leave from December 2021 to July 2022. However, in July 2022, the chief police commissioner of Victoria issued a new vaccine requirements policy manual, replacing the 2021 manual.
The constable argued that providing his vaccination status to the police or getting vaccinated was not necessary to fulfill his job requirements upon returning to work.
Nevertheless, on September 21, 2022, he was accused of breaching discipline for not adhering to the vaccine requirements in the Victorian Police Manual.
The judge has now dismissed the charge, and both parties will have the chance to present their views on costs.
“I am inclined to believe that the defendant should cover the plaintiff’s costs on a standard basis, subject to taxation if no agreement is reached,” the judge stated.
Case ‘Reaffirms Our Faith in the Justice System’: Lawyer
Principal lawyer Irene Chrisopoulidis hailed the outcome as a significant victory for the plaintiff and those affected by such policies.
She remarked that many individuals and families impacted by these policies were treated unfairly and unjustly during one of the most challenging periods in history.
“This case not only restores our faith in the justice system but also demonstrates the bravery and persistence required to stand up for your rights and pursue justice. It has been a privilege to represent the Plaintiff in this matter.”
