Reply To: Does Section 51 xxiii A of the Constitution override the State of Emergency

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#11656
Jane Adams
Participant

Hi there, section 51(xxiii) politicians are trying to say is the Constitutional clause doesn’t ban vaccine mandates in Australia. What they are saying is it prevents the forcing of medical practitioners to provide services such as covid vaccines. It does not apply to the people. Therefore Luke Beck, an associate professor of constitutional law at Monash University, told AAP FactCheck this section was added to the constitution in 1946 to allow the commonwealth to fund service etc through Centrelink but stated it was “pseudo-legal nonsense” and only prevents government from forcing people to work as doctors and dentists it did not grant people individual rights.

The High Court in 2009 dealt with the clause and ruled that requiring doctors were to comply with professional standards in order to receive Medicare Payments.

There is nothing in the constitution that would prevent making Covid vaccination mandatory. They have had mandatory vaccination in some professions for a long time. They said if taken to court it would be highly unlikely to be accepted by the court.

So now we need to look into the Constitution and find another area which states no forced medical treatments which are not in conflict with the states saying they have a duty of care to protect the health of all people.

My personal opinion is that how can they mandate and experimental injection. They say in Australia it has been approved but it hasn’t it has provisional approval and this provisional approval is also the stated with the CDC. So how how they going to pull this off.

I am currently looking under 1945 51 (ix) skip through and down to “But the Parliament could not pass a law requiring citizens of the states to keep their premises clean or to submit to vaccination and immunization.

That is where I’m at, any thoughts? Cheers