The COVID-19 Public Health Response Act, enacted on the 13th May 2020, allows for forced vaccination. Here’s why.
Section 11 of the COVID Act states:
11 Orders that can be made under this Act
The Minister or Director-General may in accordance with section 9 or 10 (as the case may be) make an order under this section for 1 or more of the following purposes:
to require persons to refrain from taking any specified actions that contribute or are likely to contribute to the risk of the outbreak or spread of COVID-19, or require persons to take any specified actions, or comply with any specified measures, that contribute or are likely to contribute to preventing the risk of the outbreak or spread of COVID-19
The Act allows the Government to REQUIRE persons to take ANY specified actions… that contribute… to preventing the risk of outbreak or spread of COVID-19. Many people believe that this does not include forced vaccinations as they believe we are protected under Section 11 of the Bill of Rights.
Section 11 of Bill of Rights Act states:
However, Section 4 of the Bill of Rights Act states:
No court shall, in relation to any enactment (whether passed or made before or after the commencement of this Bill of Rights),—(a)hold any provision of the enactment to be impliedly repealed or revoked, or to be in any way invalid or ineffective; or(b)decline to apply any provision of the enactment—by reason only that the provision is inconsistent with any provision of this Bill of Rights
And Section 5 of the Bill of Rights Act states:
Subject to section 4, the rights and freedoms contained in this Bill of Rights may be subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.
While it is established case law that any such enactment must specifically provide for breach of the right, and an enactment must be given an interpretation that is consistent with protecting the right if at all possible, this was not followed in the case of fluoridation, ruled on by the Supreme Court in 2018. Only Chief Justice Sean Elias, now retired, applied this correctly. Of the three judges who also ruled that fluoridation was a breach of section 11 of the BORA, two held it was a justifiable breach (based on incomplete and outdated information).
This being the case for water fluoridation, it is extremely unlikely the Bill of Rights would protect against forced vaccinations that the Government would argue are needed to prevent the spread of COVID-19 and is within the scope prescribed in the COVID-19 Public Health Response Act.