Lawyers for inactive AFLW footballer and nurse Deni Varnhagen have asked for an urgent appeal hearing to determine "vital issues" relating to COVID-19 vaccine mandates, before current legislation is due to expire.
Ms Varnhagen, an inactive Adelaide Crows player, has been at the forefront of the legal challenge to South Australia's vaccine mandates that was dismissed by the Supreme Court last month on the basis it "ceased to have utility" given the emergency declarations they were challenging had been removed and replaced by legislation.
Ms Varnhagen's legal team is appealing that ruling and has asked for an urgent, expedited hearing.
The court heard that current legislation governing the health worker directions was due to expire on November 23, and it was unclear whether the state government would extend it.
The court heard if the legislation expired before the appeal could be heard and determined, it would render it legally "futile".
When asked about the legislation at a press conference yesterday, Health Minister Chris Picton said the vaccination requirements for hospital, aged care and disability care workers would "stay in place at a statewide level for a number of weeks" so organisations would have time to replace legal requirements with their own workplace health and safety measures.
Court has busy schedule ahead
Justice Chris Bleby said he would discuss the urgent timetable issue with Court of Appeal president Mark Livesey and advise whether it was possible to have the appeal listed urgently.
He warned that the Court of Appeal diary was "utterly jam-packed" but said he would see what could be done given the "court doesn't want to force an applicant into a position of futility if it can at all help it".
Speaking outside court, one of the lawyers on Ms Varnhagen's legal team, Stuart Lindsay, said he was "hopeful" the appeal could be listed as early as next week and was "very grateful" to the court for considering their application for an urgent hearing.
"We've done our best, our very best, since December of last year to have this very important matter determined as quickly as possible," he told the media.
"At each step along the way we've been plagued with delays, but we're hopeful that finally these vital issues will be determined by the highest court in this state.
"There are vital issues to be determined in this matter for all of the citizens of South Australia, but particularly for those people who have been so severely affected by these vaccine mandates which have kept them from their work, had such an enormous impact upon their lives and the lives of their family."
Mr Lindsay said it had been a frustrating journey.
"And we're particularly frustrated with this looming deadline in respect of the healthcare direction which will expire on November 23, unless it's extended by the government," Mr Lindsay said.
When asked by the court today whether the legislation would be extended, the government's lawyer said he was not instructed to provide any further clarity on that issue.
Brief stint back in nursing
Ms Varnhagen attended today's hearing and spoke briefly to the media.
"We're just hopeful to have a hearing next week and we'll just take it one step at a time, as we've done this whole time," Ms Varnhagen said.
The heavily pregnant inactive Crows player is currently on maternity leave but was recently given an exemption to return to work as a nurse after contracting COVID-19.
"Having seven months off, all I wanted to do was be back working, helping the community, helping my nursing friends, so it was really good to be back," she said.
The case will be called on again early next week when Justice Bleby will indicate whether an urgent hearing can be accommodated.
