Can the Commonwealth legislate mandatory Vaccination?

 

 

 

The High Court has spoken on the subject of forced/mandatory vaccination. In 1945 the Court provided the following on the subject matter of vaccination & immunisation?

The Answer quite clearly from the High Court of Australia is NO.

 

Attorney-General (Vic); Ex rel Dale v Commonwealth (“Pharmaceutical Benefits case”) (1945) HCA 30;

 71 CLR 237 (19 November 1945)

HIGH COURT OF AUSTRALIA

p.257.

The Commonwealth can, in my view, authorize the expenditure of public money on inquiries, investigations, research and advocacy in relation to matters affecting public health. But the Parliament could not pass a law requiring citizens of the States to keep their premises clean or to submit to vaccination or immunization. The power to appropriate and expend money, however wide that power may be, does not enable the Commonwealth to extend its legislative powers beyond those marked out and defined by the Constitution, although (in my opinion) those powers include a general appropriation power.

 

 

 

Pharmaceutical Benefits case

 


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