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The Forum > General Discussion > Should Covid Vaccination Be Made Compulsory?

Should Covid Vaccination Be Made Compulsory?

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In the interest of public health. Joe Biden is now saying it is becoming the pandemic of the unvaccinated. In the United States, with plenty of vaccine, the radical anti-vaxxers and Trumpsters, along with conservative state governments such as Florida, are hampering efforts to get people vaccinated. Both hospital admissions, and deaths from the virus are clearly showing, Covid is indeed becoming the pandemic of the unvaccinated.

The shambolic response to control measures in New South Wales from the pair of conservative nongs, Berejiklian and Hazzard, coupled with the shambolic vaccination program by the inept Morrison government makes compulsory vaccination almost mandatory.
Posted by Paul1405, Friday, 20 August 2021 9:39:53 AM
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By whom? Some employers would like to do it, but it is likely end up in the courts.

Government CANNOT do it. Don't worry about the US.

The Constitution was amended in a referendum in 1946 to include section 51(xxiiiA). This provision determines that the Commonwealth parliament, among others, can make laws with respect to: “the provision of … 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.”

Hence, if the medical profession were directed by the Federal Government to mandatorily vaccinate people, such direction would constitute unconstitutional civil conscription.

“When Parliament comes between patient and doctor and makes the lawful continuance of their relationship as such depend upon a condition, enforceable by fine, that the doctor shall render the patient a special service, unless that service is waived by the patient, it creates a situation that amounts to a form of civil conscription.”. Justice Webb.

Accordingly, any legislation that requires medical practitioners to prescribe government-mandated medical services, such as vaccinations, constitutes a form of civil conscription that is constitutionally invalid.

The the Commonwealth parliament is not constitutionally authorised to force or compel any individual to accept vaccination or a medical procedure against his or her own will.  

The Australian Constitution explicitly prohibits any form of compulsion upon the citizens to take any form of medical or pharmaceutical service, including vaccination.
Posted by ttbn, Saturday, 21 August 2021 11:26:21 AM
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I tend to think that compulsory vaccination is/will be desirable.
That the Governments cannot make it compulsory is a given but there would seem to be no law against making vaccination a condition of employment and travel etc.
Governments could make it so onerous not to be vaccinated that life would be, if not worth living, then very, very tedious.
Posted by Is Mise, Saturday, 21 August 2021 11:39:40 AM
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"Governments could make it so onerous not to be vaccinated that life would be, if not worth living, then very, very tedious."
(Posted by Is Mise)

Yes. If we were governed by the Taliban. I'm fully vaccinated because I want to be. I would find that sort of government intolerable, and one to be overthrown by any means.
Posted by ttbn, Saturday, 21 August 2021 11:53:14 AM
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I take the same approach as the Victorian Government
did with it's "No jab, no play!" for its child-care
centres when they made immunisations compulsory for
all children in child-care. They did the right thing.

Now that the pandemic is reaching so many people -
not being immunised should not be an option. People's
lives are at risk. And not to have the jab - you're
contributing to the spread of the disease and behaving
like a parasite. It should be mandatory. A choice is
no longer an option - especially in NSW.

And please let's not make this political.
Posted by Foxy, Saturday, 21 August 2021 1:45:32 PM
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Get yourselves vaccinated, or not, and stop whining about what other people do. We will all die when our time comes. Around 170,000 Australians die in a year, an increase of about 30,000 over 5 years due to the population increase. The numbers will continue to rise - very few will die from Covid.
Posted by ttbn, Saturday, 21 August 2021 1:57:26 PM
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