This Forum is migrated to another Host provider (Apr 2023)
QuoteDear Sir/Madam,
I've recently been fired for refusing to sign a consent form which asked me to give "completely voluntary" consent to vaccines. It's my understanding that informed consent requires a voluntary decision free from coercive influence. I believe my right to free and informed consent has been violated and that such coercive measures make a mockery of what it means to give informed consent.
My employer referred to SA's emergency management act relating to aged care facilities. My employer is of the opinion that I failed to comply with a reasonable and lawful directive.
I have a problem with the concept of consent under clearly coercive forces. I've maintained that I don't believe it possible to give valid consent under the circumstances and therefore can't comply with the demand of my employer.
I'm curious as to whether such emergency directives are legally valid. Section 51 (xxiiiA) of the Australian Constitution forbids "any form of civil conscription" in respect to medical and dental services. Justice Kirby (Wong vs Commonwealth of Australia) states:
"However, the prohibition on "any form of civil conscription" is designed to protect patients from having the supply of "medical and dental services", otherwise than by private contract, forced upon them without their consent." (127)
"A rare constitutional guarantee: Because of its character as a guarantee or protection, both for the healthcare professionals identified and for the patients affected by the provision of their services, the exclusion of any form of "civil conscription" must be seen as one of the rare instances of an individual guarantee and protection spelt out in the Australian Constitution" (128)
If civil conscription extends to myself, the Constitution supersedes state directives.
I have issue with the implications of such demands in respect also to my privacy rights under the Privacy Act 1998. I also question the validity of such directives considering the Biosecurity Act.
I have limited time to launch a claim with FairWork. I wish to challenge my termination.
Regards,
Thomas Webb