Enough is enough. It's time to tell the State and Commonwealth Governments NO WAY to the no jab no job laws that have been introduced. We must also stand up to the beauracracy and say NO to any mandatory COVID-19 vaccination. The State and Commonwealth Governments have introduced legislation which compel people to have flu vaccinations. Soon enough they will try and force and or coerce people to have a COVID-19 vaccination. Scomo announced on 19 August 2020 that he intends to make it mandatory for all Australians to have the COVID-19 vaccination to be made available by the end of 2020 / early 2021. This is in breach of various provisions of the Disability Discrimination Act 1992 (Cth) and section 51(xxiiiA) of the Commonwealth of Australia Constitution Act. Section 51(xxiiiA) was introduced into the Constitution to provide that whilst the Commonwealth Parliament can validly make laws with respect to the provision of benefits and for medical services, it is not authorised to make laws providing for the complete control of medical services rendered by any person to any other person. Nor does the Commonwealth legislature have the power to control the practice of the medical profession completely or to such less extent as Parliament might think proper. The High Court considered this way back in 1949. The then Chief Justice Latham was concerned with the power of the Commonwealth to control and conscript physicians' services through economic conscription. He defined 'civil conscription' in the following way: "The term 'civil conscription' is wider than industrial conscription. It is applicable in the case of any civilian service, i.e. non-military, work or service. It could properly be applied to any compulsion of law requiring that men should engage in a particular occupation, perform particular work, or perform work in a particular way." He also alluded to European history before and during World War II saying: "There could in my opinion be no more effective means of compulsion than is to be found in a legal provision that unless a person acts in a particular way he shall not be allowed to earn his living in the way, and possibly in the only way, in which he is qualified to earn a living." Latham CJ stressed the importance of this and said that any service to which the limitation applied should be completely voluntary and not procured by compulsion of law. The constitutional objective was to safeguard the right to be free from governmental interference in making choices about one's health care. This is a fundamental civil right. This means that the State and Commonwealth Governments are unable to introduce any laws that compel individuals to have a flu shot or any mandatory COVID-19 vaccination. Any laws that try to do that are unlawful and should be struck out. It also means that the Governments are unable to enforce any laws that purport to say that a person is unable to be employed or work in a particular industry or refrain from entering into a particular premises for failing to have a flu shot or COVID-19 vaccination. If you have been fired from your job for not having a flu shot or COVID-19 vaccination, refused entry into an aged care facility for not providing proof that you have had a flu shot or COVID-19 vaccination, refused access to premises or the provision of goods and services for not having a flu shot or COVID-19 vaccination, then this fundraiser is there to protect your civil rights. All funds raised will go towards the legal battle ahead. Nathan Buckley, the promoter of this campaign is a lawyer and Partner of G&B Lawyers, a Sydney city based law firm who believes in the protection of fundamental freedoms for all Australians. Nathan is an experienced litigator and is admitted to the roll of practitioners on the High Court of Australia. The contributions that people put forward will support your fellow Australians who choose not to have a flu vaccination or COVID-19 vaccination, to gain justice, help those Australians to get on with their lives and return to normal as quickly as possible. It will protect all Australians' fundamental right to choose whether or not to have a flu vaccination or COVID-19 vaccination. Like all Australians, I will forever be grateful to all contributors who free Australia from the draconian and unlawful laws that have been introduced by State and Commonwealth Governments in recent months. The target is large so as to cover any costs order against us if we are unsuccessful. As we now have a number of matters in the Fair Work Commission jurisdiction that may result in test cases specifically within the scope of this campaign, all donations will be used to pay legal costs and disbursements towards any such matter which may become a test case in either the Federal Circuit Court or the Federal Court. Accordingly, there is no functionality to issue any refunds. Updates on the progress of each test case will be provided as the matters progress.
- vanessa jones
- Xochitl Quintanar