Justice Webb
By fines of deprivations of practice, doctors could be controlled to any
extent as to their movement and time.
"When service is made compulsory by a fine or loss of practice to avoid a fine, it becomes a form of civil conscription."
"When parliament comes between patient and doctor, and makes the lawful continuance of their relationship as such depend on a condition enforceable by a fine,
it creates a situation that amounts to a form of civil conscription."
The caveat
"but not so as to authorize any form of civil conscription"
Applies to the patient as well as the doctor due to ANY FORM of conscription being imposed
If you are being compelled to undergo a medical service to keep your job,
This is a form of civil conscription, the government cannot interfere with the doctor patient relationship which is protected under s51(xxiiiA).
Government cannot provide a legal or practical compulsion to interfere with the voluntary nature of the doctor patient relationship.
If you are being compelled to undergo a medical service to keep your job,
This is a form of civil conscription.
If you are compelled by threat of job loss to engage in a medical service the Doctor must not provide the service as it is a form of civil conscription, If the service fails to be voluntary and consensual and based on a legal compulsion the doctor patient relationship has been infringed.