On a proper and comprehensive statutory interpretation of health legislation in Australia, the Minister for Health (who himself has a Masters in law) is misinterpreting, or perhaps misusing, the Public Health Act 2010 NSW (the PHA) to make ‘Public Health Orders’ which have no force at law, because they are inconsistent with the Biosecurity Act 2015 Cth (the BSA). So, blanket ‘Public Health Orders’ mandating vaccination, testing, or even mask wearing are, I believe, invalid.
This article explains my reasoning.
This article will be broken into four parts:
- The Biosecurity Act overrides the Public Health Act (the inconsistency argument);
- Other arguments for the Public Health Orders’ invalidity (and problems with their enforcement);
- Why challenges in Court have failed so far (the constitutional argument)
And what about the citizens of NSW? Are they complying with these ‘Public Health Orders’ due to the illusion of legality, rather than legality itself? Can fines actually stand when there is no proper legislative basis for them? I don’t know one person who doesn’t feel that at least some of these rules, to at least some extent, are arbitrary and nonsensical, and that they are becoming increasingly so. What are the implications if they are also unlawful?
When the dust settles on all of this, maybe one of the lessons should be that there’s a reason why laws are made by parliament, and not by politicians. No one man should have all that power.