The NT Government has requested more time to respond to a lawsuit against its vaccine mandate filed in the Supreme Court by a local business group, revealing the delay is due to “no central briefing paper provided to the [Chief Health Officer] for the purpose of considering the making of Directions No. 55”.

United NT Businesses commenced legal action against the government in December, arguing the Chief Health Officer’s directions around mandatory vaccines were an overreach of power, despite the government’s position that they reduce the impact of COVID-19.

The challenge is based on three NT workers, Ray Phillips, Conan Thomas Hammett and John Anstess who claimed they had lost employment due to the vaccine mandate orders.

The group’s lawyer had stated that the CHO overstepped his powers when it came to Direction 55 – which forced employers to demand employees get vaccinated or face being fired and fined.

On Friday, UNTB president Mario Tsirbas revealed communications from the Solicitor for the NT, which sought more time in responding to the lawsuit in order to “conduct extensive searches” of the government’s files in relation to the CHO’s directions.

“There was no central briefing paper provided to the First Defendant (CHO) for the purpose of considering the making of Directions No. 55,” the email from the Solicitor for the NT stated.

“The Defendants (CHO and NT Government) have therefore had to conduct extensive searches to collate relevant material.”

Mr Tsirbas said the admission the CHO did not have a central briefing paper before making the mandatory vaccination orders was troubling and questioned why the government was not better prepared for the legal challenge that Chief Minister Michael Gunner had previously said the government was expecting.

“What kind of Mickey Mouse situation is going on here?” Mr Tsirbas said outside the Supreme Court.

“How can the government and Michael Gunner stand up and say this is the best decision when they don’t even have a central brief of evidence to provide the Chief Health Officer to make this decision?

“How can a group of small businesses be prepared and ready to go [with the legal action] and yet the Solicitor General for the Northern Territory stands there and says, ‘I don’t know if I’ll be ready’?”

Mr Tsirbas reiterated the group’s calls for the vaccine mandate to end.

“All these mandates are doing is destroying small business,” he said. “[They] have only caused anguish and pain to business owners, their dedicated staff and families, and the community in general.”

Under the Chief Health Officer’s direction, any worker who comes into contact with a person who is “vulnerable” to being infected with COVID-19 is required to be vaccinated and were brought into effect on November 12, 2021.

UNTB’s lawyer Danial Kelly also argued the directions were “racist” as they specifically deemed all Aboriginal people to be vulnerable.

Last month, the Chief Minister announced the mandate would include a third vaccine, setting a March 11 deadline for workers in “high risk” occupations and April 22 for the remainder of workers in the NT.

The matter is scheduled to return to court on March 8.