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Legal concerns about the emergency powers exercised under COVID-19

By Andrea Tokaji - posted Wednesday, 11 August 2021


These legal measures are also there to ensure that there is not an over-reach of state powers.

I will be asking my elected representatives: could you please provide the scientific, medical and legal evidence that our State has had "the occurrence or imminent occurrence of a hazard which is of such a nature or magnitude that it requires a significant and coordinated response"?

Indeed, this is their duty and responsibility in their role as the Emergency Services Minister, as they have signed off on the extension of these extra-ordinary powers.

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6. Given that the Therapeutic Goods Administration states one death of COVID in the last 6 months, true recorded cases of COVID do not seem to be severe enough to justify a State of Emergency.

On the other hand, in the week of 28 June - 4 July 2021,1,646 adverse health reactions from the COVID vaccineswere received by the TGA, with a total of 36,387reported adverse health reactions from the COVID vaccine to date.

The current health-threat of the COVID vaccines far-outweighs the current threat of COVID.

COVID vaccinations of any kind cannot be legally mandated to any group or cohort in Australia, as it will be found unconstitutional.

Section 51 (xxiiiA) of the AustralianConstitutionclearly states that no form of civil conscription can be made in relation to medical services:"the provision of maternity allowances, widows' pensions, child endowment, unemployment, pharmaceutical, sickness and hospital benefits, medical and dental services (but not so as to authorise any form of civil conscription), benefits to students and family allowances"

Mandated vaccines are therefore unconstitutional and in violation of the highest law in the land.

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The directives given by State Premieres, Chief Health Medical Officers and the extension to emergency powers by Emergency Services Ministers may therefore be in violation of legal and parliamentary principles such as due process, transparency, representative government and the inalienable rights and freedoms of citizens, as recognised by international law, such as the International Covenant on Civil and Political Rights.

Lock downs, mandatory mask-wearing, COVID app compliance directions which we are receiving from our Premiers are in fact in direct contravention of the Commonwealth Biosecurity Act of 2015 and unjustifiable without proper evidence under the Emergency Act 2005 (WA).

This over-reach of state-based powers over constituents is a violation of our rights to freedom of movement, freedom of association, freedom of speech and religion under the International Covenant on Civil and Political Rights, which have all been compromised during these restrictions.

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About the Author

Andrea Tokaji is a lecturer in Business and Law at Sheridan, Perth, and is a trained international human rights lawyer.

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