I am really getting sick and tired of G&B Lawyers and it’s main mouth, Nathan Buckly (no relation to the ex Collingwood AFL coach).
This is the High Court decision he is talking about;
What Buckley doesn’t note, is that in 1946 the people voted in a referendum to effectively over rule this decision by approving the amending of the Constitution by adding Section 51 (xxiiiA). So as a result the points he puts are no longer correct;
1. Vaccinations and immunizations are matters that fall within the category of ‘quarantine’.G&B Lawyers Facebook page on July 1, 2021
As of the amendment, no it does not. It falls within the category of medical and dental services.
2. Only the Commonwealth has the power to make laws with respect to ‘quarantine’ under section 51(ix) of the Constitution.G&B Lawyers Facebook page on July 1, 2021
As of the insertion of the amendment, not true.
3. The Commonwealth is prohibited from passing laws requiring citizens to submit to vaccination or immunization (which are quarantine matters).G&B Lawyers Facebook page on July 1, 2021
There are NO laws that REQUIRE vaccination. There are laws that provide for a penalty for not vaccinating. The choice still exists. And it is empowered by Section 48 of the Disability Discrimination Act at a federal level. In Victoria (my home state) the empowerment lies loosely in Section 86 of the Equal Opportunity Act.
4. The States have no power to make laws with respect to quarantine, including matters dealing with vaccinations and immunizations (as Latham CJ held that these things are ‘quarantine’ matters).G&B Lawyers Facebook page on July 1, 2021
As of the insertion of the amendment, not so.
5. The States are unable to do something that the Commonwealth is prohibited from doing under the exercise of the quarantine power.G&B Lawyers Facebook page on July 1, 2021
Whilst this might be true, as of the amendment it is now irrelevant.
6. Therefore the States cannot pass any law that requires citizens to submit to vaccination or immunization.G&B Lawyers Facebook page on July 1, 2021
See what I said in point 3 above.
7. Part 3B of the Public Health (COVID-19 Air Transportation Quarantine) Order (No 2) (NSW) 2021 is invalid.G&B Lawyers Facebook page on July 1, 2021
I looked this up, and no it’s not. This order forms part of the responsibilities in quarantine (this has nothing to do with anything mentioned above by the way) that were returned to the States by the Commonwealth by agreement on March 27, 2020 in order to establish and maintain hotel quarantine. The last amendment to this order was a direct result of patient zero in the current Sydney outbreak and consequent lockdown. He was unvaccinated. The fact that this is about the international border makes that fact very important, on top of the fact that the ability to provide a penalty for the wrong choice still does not take away said choice.
Buckley – get out of this. You have already proven that you don’t care about community health. You are putting civil rights first, and COVID will trample all over that attitude. It already has in Sydney because that idiot driver has the same attitude and if the Premier hadn’t locked Greater Sydney and the surrounds down the number of infections would be at the same levels it was in Victoria nearly twelve months ago and increasing.
Keep this up, and it will be a case of three strikes and you’re out – courtesy of the OLSCNSW via NCAT!