I answer a recent question asked of me - what do I do if I am required to get vaccinated? 

I explain the legal considerations around vaccine mandates in Australia: government mandates; employment mandates and conditions for service imposed by businesses. 

Show notes:

[1:30] There are no general mandates issued in Australia requiring people to get vaccinated, without conditions. 

[1:57] Public health is an issue for State parliaments in our Federal system. At State and Territory level, public health legislation grants broad powers to senior health officials. 

[3:08] The Federal Parliament has passed a Biosecurity Act which gives the Federal Health Minister powers to act in a public health emergency. 

[4:33] Factors to consider as to the legality of a general mandate requiring vaccines include reasonableness,  acting within powers, and constitutionality. 

[5:53] When it comes to employment mandates, the main considerations are whether it's an inherent requirement of the job to be vaccinated, or whether it's a lawful and reasonable direction to be vaccinated, and whether the employee has a valid reason to refuse to be vaccinated. 

[9:06] There aren't any cases yet to go on that deal with COVID vaccinations although there are a handful of flu vaccination cases that offer guidance as to when dismissal of an employee who refuses to be vaccinated is going to be lawful. 

[9:50] Generally speaking, businesses may impose certain terms of service on their customers that may include vaccination. A person might be able to challenge that on the grounds of discrimination and this will depend on the reasonableness of the circumstances of refusal of service. 

[11:06] The real choice for us here is how we conduct ourselves in exercising choices and making decisions. Are we acting out of anger and fear, or with courage, trust and love? This particular issue can divide us if we let it when we should be choosing unity.

For more information, please visit the New Earth lawyer website.