The first question is whether the Federal government has the power to force people to take the vaccine. The Biosecurity Act (Cth) allows the government to manage biosecurity threats to plant, animal and human health. A human biosecurity emergency declaration can be made under the Act giving the Health Minister expansive powers to combat the COVID-19 outbreak.
One such power can be the issuing of a human biosecurity control order forcing people to be vaccinated if they refuse, restricting their movements or behaviour and isolating them from the community. Criminal charges, imprisonment and heavy fines can also result from a failure to comply. But would the exercise of such a power be politically popular?
The second question is whether people can be “encouraged” through various means to take a jab. The airline industry has recently indicated that soon a certificate of vaccination will be required to fly overseas and will probably be the case domestically as well. Vaccination may also become a pre-condition to receive government-funded services such as welfare, education, child care, aged care and public hospitals. The private sector may also make proof of vaccination a condition of entry to premises especially in the case of sporting events and concerts.
The third question is whether employers can force employees to be vaccinated. An employer has the right to give an employee a lawful and reasonable direction depending on the circumstances. For instance, if an employee works with the elderly or children or the ill, a direction to take the vaccine may well be lawful and reasonable. But there may be cases where an employee will challenge an employer’s direction to vaccinate as unreasonable in all the circumstances.
As you can see, even if there is no government mandate about vaccination many of us will be forced to take it by default. Of course, there will be many others who will get the jab anyway either out of civic duty or for their own protection.
February 2021