Are Australian ‘No Jab, No Job’ Orders Constitutional?

Are Australian ‘No Jab, No Job’ Orders Constitutional?
Victorian Premier Daniel Andrews speaks to the media at a COVID-19 update press conference in Melbourne, Australia, on Oct. 26, 2021. Darrian Traynor/Getty Images
Augusto Zimmermann
Gabriël Moens
Updated:
Commentary
The Victorian state Labor government, led by Premier Daniel Andrews, adopted a tough “no jab, no job” health order to facilitate the re-opening of the state. This order, which is one of the strictest in the world, is not only controversial, but also suspect from a legal point of view.
Augusto Zimmermann, PhD, LLD, is a professor and head of law at Sheridan Institute of Higher Education in Perth. He is also president of the Western Australian Legal Theory Association and served as a commissioner with the Law Reform Commission of Western Australia from 2012 to 2017. Mr. Zimmermann has authored numerous books, including “Western Legal Theory: History, Concepts and Perspectives" and “Foundations of the Australian Legal System: History, Theory, and Practice.”
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