Australian States have the legal and moral authority to coerce people to take experimental Covid vaccines
Or do they?
THEY ARE LEGAL MANDATES, BUT ARE THEY LEGAL?
The State Governments in Australia have overreached their Constitutional powers. The State Government of Western Australia still has mandates in place that restrict health professionals, teachers, workers on construction sites, truck drivers, people who work in hospitality, and many other professions, from working if they are not vaccinated.
However these mandates are completely illegal.
THE CONSTITUTION SAYS NO.
The Constitution of Australia overrides all State and Federal laws, mandates, and every other law and legal decision; in this case, the State mandates infringe our rights according to the Constitution, so therefore they are invalid laws and ought not to be obeyed. Section 51 (xxiiiA) of the Australian Constitution makes it completely clear that the government may offer medical services but cannot make them compulsory:
Section 51 (xxiiiA) the provision of maternity allowances, widows' pensions, child endowment, unemployment, pharmaceutical, sickness and hospital benefits, medical and dental services (but not so as to authorize any form of civil conscription), benefits to students and family allowances;
The 95 page High Court ruling on the meaning of this section, British Medical Association v Commonwealth [1949] HCA 44; (1949) 79 CLR 201 (7 October 1949) page 293 makes it abundantly clear that indirect or direct means of medical coercion are illegal:
If Parliament cannot lawfully do this directly by legal means it cannot lawfully do it indirectly by creating a situation, as distinct from merely taking advantage of one, in which the individual is left no real choice but compliance. (at p293)
In the Nuremberg trials, it was made clear that “I was just following orders” is not an excuse for putting into practice unjust laws that infringe other people’s human rights, and since these mandates also infringe the Humans Rights Commission Act 1986, numerous international human rights agreements that Australia has signed, and the Nuremberg Code, an internationally recognised moral code relating to medical ethics and coercion, any employer or public servant who is putting these mandates into practice is offending against the human rights of the people they are coercing. This is not a matter of feeling or sentiment or wishful thinking, but a legal fact.
Furthermore, it could be argued that the right of any Government to quarantine people (in other words, to impose restrictions on their freedom of movement) only extends to people who are symptomatic of transmissible diseases - no Government has the right to quarantine healthy people who are no danger to others. The justness of this principle is seen in the ancient Jewish Torah, Leviticus Chapter 13, which is arguably the basis of all quarantine law throughout Western Civilization, and on the basis of natural justice, the State Government of Western Australia have no right to deny anyone the right to work.