A legal challenge against the Northern Territory’s COVID-19 vaccination mandate may be heard a day before the December 24 jab deadline.

December 13, 2021

A legal challenge against the Northern Territory’s COVID-19 vaccination mandate could be heard a day before the Christmas Eve jab deadline.

Ray Phillips, Conan Hammet and John Anstess are fighting the order that requires most workers to be fully vaccinated by December 24.

The trio’s legal team told the NT Supreme Court on Monday that Chief Health Officer Hugh Heggie didn’t have the legal power to make the directive.

It believes he may have exceeded his authority and the law is unreasonable and racist towards Aboriginal people by describing them as vulnerable.

It wants an expedited hearing for the matter on December 23 in a bid to save Mr Phillips and Mr Hammet from being sacked.

The men are part of a broader group fighting the mandate that was announced in mid-October with fines of $5000 for non-compliance.

The group calls itself United NT Businesses and says it’s made up of everyday people who believe the law that requires all workers who interact with the public to get the jab is “too much, too far”.

“We’ve seen impact in the loss of jobs. We’ve seen an impact with the loss of businesses. We’ve seen families arguing,” president Mario Tsirbas said in a social media post.

“We’ve seen levels of mental health, stress through the roof. We’ve seen people forced to take the vaccine and the real results of what that does to people.

“Worst of all, what we’ve seen is a government suspending normal democratic process … Forcing draconian, unreasonable laws on everyday people.”

NT government lawyer Lachlan Peattie said the case was complicated and it would be difficult to accelerate the matter so it could be heard before Christmas.

Evidence from experts, such as epidemiologists and virologists, was likely to be required and constitutional issues could arise.

The plaintiffs also hadn’t provided much information about the other grounds for their case and it should be heard next year, Mr Peattie said.

The court also heard Mr Phillips and Mr Hammet hadn’t had their first jab and it wouldn’t be possible for them to be fully vaccinated by the deadline so there was no need for an expedited hearing.

The men’s lawyer, Danial Kelly, agreed more time would be needed to properly prepare.

He proposed a simplified pre-Christmas hearing over the chief health officer’s legal authority to make the directive.

He also said that if the men lost it was possible they may not proceed any further with the case.

Justice Sonia Brownhill urged the parties to meet so the full details about the case could be shared.

She also ordered the matter return to court on Wednesday to further  discuss if a December 23 hearing was possible.

United NT Businesses says it has 500 member businesses.