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NSW asks court for vax case 'line in sand'

Luke CostinAAP
NSW paramedic John Larter is seeking to continue to work unvaccinated after September 30.
Camera IconNSW paramedic John Larter is seeking to continue to work unvaccinated after September 30. Credit: AAP

NSW Health Minister Brad Hazzard has told a court it is challenging enough to defend two waves of vaccine mandates challenge, let alone a new one by a veteran paramedic and regional deputy mayor.

Tumut paramedic John Larter is seeking declaratory relief to allow him to continue to work unvaccinated after September 30 as long as he is wearing appropriate personal protective equipment.

His case against what he calls "medical apartheid" was before the NSW Supreme Court for the first time on Friday, when the government pointed to other vaccine mandate challenges it is defending this month.

Mr Hazzard, through a lawyer, said one tranche of challenges was heard two weeks ago in the Federal Court while a "second wave" mounted by a teacher, aged care workers and others is due to be heard in the NSW Supreme Court from September 30 .

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The second wave involves nine expert witnesses and more than a dozen lay witnesses, Justice Robert Beech-Jones was told.

"That will be challenging enough without adding this case into the mix," Mr Hazzard's lawyer Daniel Reynolds said.

"On top of that, Your Honour can take judicial notice of the fact that the government currently has other demands on its resources beyond this litigation."

Mr Larter's case challenges a different public health order order to the others and raises different issues about what amounts to a reasonable excuse to abide by the order and whether the paramedic has such an excuse.

Mr Reynolds questioned why it took Mr Larter three weeks to file a case after the relevant order was made, and opposed it being added to the September 30 hearing for the other challenges.

"The idea that every case that comes along challenging theses orders can be be squelched into a hearing in the next fortnight is a vain one and at some point there needs to be a line in the sand," Mr Reynolds said.

Justice Beech-Jones declined to set a hearing date before the case's second directions hearing on September 28.

The court noted another public health order challenge was filed with the registry on Friday while NSW police officer Belinda Hocroft withdrew hers this week by consent.

The mounted unit senior constable had sought to overturn an order stopping her from working outside her local council area until she had a dose of a COVID-19 vaccination.

Mr Larter, a father to six who also acts as deputy mayor of the Snowy Valleys region in southern NSW, has received support from Berejiklian government backbencher Tanya Davies and One Nation MP Mark Latham, with Ms Davies saying vaccine mandates were a "serious, critical issue of our community".

Mr Hazzard on Thursday thanked the high numbers of healthcare workers who had rolled up their sleeves to be vaccinated.

With Christmas nearing, he urged the community to do the same.

"The best present you can give yourself, your family, your friends and the state is to get vaccinated ... go and do it," he said.

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