Can the Australian Government mandate vaccinations.

[billy the kid]

https://law.anu.edu.au/sites/all/files/ ... l-0196.pdf
Quote from the link:
"Kirby J used this interpretive approach to hold that the words “medical and dental services” in s 51(xxiiiA) “also include, of necessity, the patients who are the recipients of the provision of such services” (at [124]). He continued (at [125], [126]-[127]):
The purpose of incorporating a prohibition on “civil conscription” in the provision of such services is thus to preserve such a contractual relationship between the provider and the patient, at least to the extent that each might wish their relationship to be governed by such a contract.
In this sense, the prohibition is expressed for purposes of protection, including a protection extending to the patient. It is designed to ensure the continuance in Australia of the individual provision of such services, as against their provision, say, entirely by a government-employed (or government-controlled)
healthcare profession.
The prohibition on “any form of civil conscription” is designed to protect patients from having the supply of “medical and dental services”, otherwise than by private contract, forced upon them without their consent."
Can the Government mandate vaccinations...
I think not....
At best, the Federal Government can recommend vaccinations to cohorts such as
aged care workers.
If the worker then consents to the jab, then this consent displaces the prohibition
conveyed in the abovementioned obiter...
Morrison has already told us aged care workers will be mandated the jab.
Their first jab will be in September...
Perhaps someone will read the above before then....
Further
It was also held by Kirby J...
"These included the provisions of the Universal Declaration of
Human Rights, including Art 23.1 which guarantees that "everyone has the right to work and to free choice of employment” and Art 25.1 which provides:
Everyone has the right to a standard of living adequate for the health and well-being of himself and of
his family … and medical care and necessary social services, and the right to security in the event of …
sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control"
AND if any state mandates compulsory vaccinations, the Commonwealth Constitution
overrules such state legislation...
In other words, if the government imposes mandatory jabbing in any cohort, and someone
refuses, no-one has the right to dismiss such employee....
This could blow up in Morrisons face....
BUT hey...what else is new....

[Aussie]

Billy, I hate to rain on your parade, but don't you reckon you have already flogged the vaccine horse to death?

[billy the kid]

Im a provocateur Aussie...cut me some slack....

[Neferti]

Billy, I hate to rain on your parade, but don't you reckon you have already flogged the vaccine horse to death?

NO!

Leave Billy be, you aren't "staff" around here. MYOB!

[billy the kid]

[billy the kid]

https://www.perthnow.com.au/news/corona ... 881925726z
Well, there you have it...
All states excepting Victoria will pass health orders mandating jabs
for aged care workers...
This is illegal, as it contravenes the Australian Constitution...
If Morrison had the power to mandate jabs under the Australian Constitution
he would have done so.
(Also...if he was able to stop the states from closing borders he would have done so.)
Morrison complies with the Constitution but then directs the States to enact
public health orders mandating the jab.
Ummm...any state legislation which contravenes the Commonwealth Constitution
has to give way to the Commonwealth Constitution...
Is this just more grandstanding by Morrison...
Morrison stated that the jab would be mandatory by September...
Thats eight weeks...
Id be interested to see the legislation when it is finally drafted, tabled,
debated and enacted by each state parliament...
September...
I doubt it....
I note that the WA Premier McGowan suggests that WA would be looking
at ways to "incentivize" aged care worker to get the jab....
Well...incentivizing is not actually mandating Scott...
We will have to wait and see wont we...

[Aussie]

https://www.perthnow.com.au/news/corona ... 881925726z
Well, there you have it...
All states excepting Victoria will pass health orders mandating jabs
for aged care workers...
This is illegal, as it contravenes the Australian Constitution...
If Morrison had the power to mandate jabs under the Australian Constitution
he would have done so.
(Also...if he was able to stop the states from closing borders he would have done so.)
Morrison complies with the Constitution but then directs the States to enact
public health orders mandating the jab.
Ummm...any state legislation which contravenes the Commonwealth Constitution
has to give way to the Commonwealth Constitution...
Is this just more grandstanding by Morrison...
Morrison stated that the jab would be mandatory by September...
Thats eight weeks...
Id be interested to see the legislation when it is finally drafted, tabled,
debated and enacted by each state parliament...
September...
I doubt it....

Who will take a challenge to the High Court?

[billy the kid]

https://www.perthnow.com.au/news/corona ... 881925726z
Well, there you have it...
All states excepting Victoria will pass health orders mandating jabs
for aged care workers...
This is illegal, as it contravenes the Australian Constitution...
If Morrison had the power to mandate jabs under the Australian Constitution
he would have done so.
(Also...if he was able to stop the states from closing borders he would have done so.)
Morrison complies with the Constitution but then directs the States to enact
public health orders mandating the jab.
Ummm...any state legislation which contravenes the Commonwealth Constitution
has to give way to the Commonwealth Constitution...
Is this just more grandstanding by Morrison...
Morrison stated that the jab would be mandatory by September...
Thats eight weeks...
Id be interested to see the legislation when it is finally drafted, tabled,
debated and enacted by each state parliament...
September...
I doubt it....

Who will take a challenge to the High Court?

As Charles Bronson said in "Streetfighter"...
"How bout you..."

[Aussie]

https://www.perthnow.com.au/news/corona ... 881925726z
Well, there you have it...
All states excepting Victoria will pass health orders mandating jabs
for aged care workers...
This is illegal, as it contravenes the Australian Constitution...
If Morrison had the power to mandate jabs under the Australian Constitution
he would have done so.
(Also...if he was able to stop the states from closing borders he would have done so.)
Morrison complies with the Constitution but then directs the States to enact
public health orders mandating the jab.
Ummm...any state legislation which contravenes the Commonwealth Constitution
has to give way to the Commonwealth Constitution...
Is this just more grandstanding by Morrison...
Morrison stated that the jab would be mandatory by September...
Thats eight weeks...
Id be interested to see the legislation when it is finally drafted, tabled,
debated and enacted by each state parliament...
September...
I doubt it....

Who will take a challenge to the High Court?

As Charles Bronson said in "Streetfighter"...
"How bout you..."

Ima gonna take the jab anyway, so no skin off my nose.

[Black Orchid]

The government should be truly ashamed of themselves for this one. If you can't breathe you are sedated and intubated you don't lay there panting and she's a shocking actress as well.



Read the comments Lol.