After six months and some delays, Senior Constable Ben Falconer’s challenge to the WA mandatory vaccine directions begins today in the Supreme Court of Western Australia.

Falconer along with 40 of his colleagues remain stood down under discipline and are not allowed to return to work, even though they now can after the Chief Health Officer and Police Commissioner both lifted their mandates.

Hotchkin Hanly Lawyers partner Mark Hemery said the court is testing if those two officials, who are unelected, had exceeded the powers that Parliament has given to them.

“That is a simple way of describing it, whether there was overreach,” he told Liam Bartlett on 6PR Mornings.

Falconer was stood down on December 1, 2021 and on Christmas Eve an injunction was granted against the Police Commissioner, preventing him from being sacked until after the trial has been determined.

The matter is set down for three days.

Tap PLAY to hear more from his lawyer on the ironic situation