Emergency Powers and Vaccination Mandates in the Context of Australia’s Constitutional Law and Principles – A report on the speech by Dr Augusto Zimmermann on 14 August 2021

On the 14th August 2021, former law reform commissioner and WALTA President, Dr Augusto Zimmermann PhD, held a public conference at All Nations Presbyterian Church to present legal research regarding the constitutional invalidity of vaccination mandates.

Several hundreds of people attended the packed-out venue, far exceeding registration numbers. Moderating the event and introducing the speaker was Professor John Hartnett PhD.

Dr Zimmermann addresses the crowd

Dr Zimmermann spoke on section 51xxiiiA of the Australian Constitution and emphasised the intent of the original drafters to protect citizens from coercive or mandated medical procedures where consent cannot freely be given.

Although it is not feasible to predict what the High Court might do were it called upon to consider the constitutionality of vaccination orders, Dr Zimmermann explained that it is possible to indicate what it should do.

Dr Zimmermann stated:

“The Australian Constitution must always be interpreted in a manner that promotes its purposes, values and principles, advancing the rule of law and the fundamental rights and freedoms of the citizen. As a consequence, any legislation that requires compulsory vaccination, either directly or indirectly, constitutes a form of civil conscription that is constitutionally invalid. On this view, unvaccinated Australians remain decent members of society and must not be treated as lower class citizens”.

Cases such as the British Medical Association v The Commonwealth were referenced in support of his argument that no citizen shall be in any way coerced into any medical treatment whatsoever, including vaccination.

Also, several members of the High Court in the past, such as Justice Dean and Justice Toohey, have acknowledged the democratic principle of equality before the law, that according to these judges underpins the entire constitutional framework.

Dr Zimmermann also highlighted the unfortunate reality of ‘emergency powers’ being used for the purposes of gaining otherwise unjustified arbitrary control over the citizen.

When these meta-constitutional powers are declared, legislators have the proclivity to slip into arbitrary and tyrannical territory using the wide ambit of powers conferred to them during such ‘emergencies.’

The presentation was extremely well received by the public, which can be testified by the standing ovation received by Dr Zimmermann at the end of his presentation.

Dr Zimmermann and Dr Hartnett

The public also asked several questions during ‘question time’ which were answered articulately and concisely by the renowned professor. The session ended with another standing ovation, followed by an opportunity to network.

The audience included political candidates from various parties, lawyers, scholars, doctors and several professions currently suffering under government mandates.