It is likely there will have to be some sort of incentive or compulsion by the government to ensure nationwide compliance, should a COVID-19 vaccine be found.
Prime Minister Scott Morrison took many people by surprise this week when he said a COVID-19 vaccine would be “as mandatory as you could possibly make it”.
should people be able to claim a non-medical exemption, such as a conscientious objection to vaccines or on religious grounds? However, there are exceptions to this under state and territory public health laws. For instance, sections 116 and 117 of the Victorian Public Health Act permit public health orders to compel people to undergo a medical examination, testing and treatment There may be a legal argument here that a vaccination is not “treatment”. But that could be dealt with via an amendment to the legislation.There is a strong case for requiring particular workers to be subject to mandatory vaccinations.
Similarly, businesses could require an immunisation card to be presented as a condition of entry. This could include airlines requiring proof of vaccination as evidence of “fitness to fly”. Despite differing rules around the country, all states and territories have fairly consistent rates for childhood vaccinations — with a nationwide coverage rate of 91 per cent. Whether the same rate could be reached for a COVID-19 vaccine remains to be seen.Would this infringe on people’s human rights?
If there are punitive measures for non-compliance, these may be deemed as disproportionate by a court — even if it could be argued compulsory vaccines are necessary and reasonable for public health reasons.China questioned over claims coronavirus vaccine was trialled on workers in Papua New Guinea
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