I discuss the various legal challenges to public health directions that are underway in Australia, in New South Wales, Victoria and Queensland.

I also provide some information to clarify the inaccurate claim that the Australian Constitution contains a provision banning mandatory vaccination.

Show notes

[1:10] I discuss the New South Wales cases, involving multiple plaintiffs such as a construction worker, paramedic and teacher, against orders requiring them to be vaccinated to attend work.  The trial concluded this week and  the court is now preparing its judgment.

[4:10] In Victoria, a teacher and her husband have challenged the public health orders. That case is due for trial on 25 October 2021.   

[4:59] The extension of Victorian public health orders from healthcare, aged-care, construction and education to other workers was announced by the Premier but not released as orders yet.

[5:43] In Queensland, 7 police officers have launched a case against the Chief Commissioner of Police.

[6:17] There are claims circulating that mandatory vaccination is unconstitutional in Australia. This is based on a misunderstanding of section 51 (xxiiia) of the Constitution.

[8:12] That section of the Constitution was inserted to allow the Commonwealth government to implement the Pharmaceutical Benefits Scheme.

[9:13] The High Court interpreted the section to protect doctors from conscription, not the public.

[10:40] Fear is as bad as divisiveness. We all have a choice and we need to trust we will be able to deal with whatever comes our way.

For more, please visit the episode page on the New Earth lawyer website.