No jab, no job, NO WAY

Enough is enough. It's time to tell the Government NO WAY to the no jab no job laws that have been introduced.

The State and Federal Governments have introduced legislation which compel people to have flu vaccinations.

This legislation is in breach of section 51(xxiiiA) of the Commonwealth of Australia Constitution Act.

That section 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. 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.

If you have been fired from your job for not having a flu shot, or refused entry into an aged care facility for not providing proof that you have had a flu shot, 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, 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.

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 Parliaments in recent months.

The target is large so as to cover any costs order against us if we are unsuccessful.

If we do not raise a sufficient enough amount to commence a High Court challenge, all funds will be refunded to you or donated to a charity at your direction.

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Organizer

Nathan Buckley 
Organizer
Sydney, Australia
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