Mater’s Musings #33: Of course they are!

Cut and pasted from yesterdays CHO Direction:

COVID-19 Mandatory Vaccination (Workers) Directions

Ok, we kinda knew this was coming.

Many hoped that such overreach wouldn’t survive court proceedings. After all, self-interest might kick in and see commonsense bubble to the surface, surely? SURELY?

“Aha! We’ll thwart that self-interest angle”, says Dan and Brett.

Clearly, Covid has become aware and can now differentiate between Legal Eagles, Commonwealth Wonks and the average Bricklayer!

32 thoughts on “Mater’s Musings #33: Of course they are!”

  1. Interesting piece in The Spectator by Caroline Di Russo . . .

    https://www.spectator.com.au/2021/10/will-someone-please-explain-to-daniel-andrews-he-cant-sack-a-judge-who-isnt-double-jabbed/

    The first of October 2021 will go down in history as a belter of a day in Australian politics. The Prime Minister announced changes to the cabinet, Gladys Berejiklian resigned from parliament, the Senate elected a new president, Mark McGowan doubled down on poo-pooing international travel to and from the hermit kingdom, and Daniel Andrews became the world champion in shark-jumping.

    Yes, Premier Andrews has outdone himself, which is difficult to believe given his tirades about murderous sunsets and deadly playgrounds.

    Yet here we are.

    In outdoing himself, Daniel Andrews announced that all authorized workers must be fully vaccinated against COVID19 by the end of November. At first blush this sounds a bit immoderate. Once you look up the definition of Authorized Worker, it becomes clear that the policy is totally outrageous.

    Why?

    Well, in the glorious socialist state of Victoria an authorized worker includes, amongst other things, journalists, judges, state and federal parliamentarians, road maintenance workers, faith leaders, farmers, domestic and commercial waste workers, interpreters, commonwealth agency workers, pool and spa maintenance workers, and forestry workers. Basically, it’s a list of pretty much everyone, including many occupations where people work on their own or outside.

    Up to this point we have only seen the vaccination mandated in certain industries where there is a need to protect the vulnerable. Most states have mandated vaccination for health care workers and the Federal government has mandated the vaccine for aged care workers. I still think an industry-wide ban is a bit excessive – because someone working in payroll at head office for an aged care provider is no greater risk to the vulnerable than someone working in payroll at head office for a marking firm – but at least in the instances of aged care and health, the mandate is contained and rationalized.

    In the case of Victoria, what possible danger do many of those working in the above-mentioned fields pose to vulnerable groups? Very little, if any. It’s a blunt-force policy which is unlikely to materially downgrade the level of public risk. In fact, overkill and coercion are likely to put people offside and cause them to dig in their heels. It’s a good thing we don’t have a labour shortage and those people can be stood down and replaced with new staff.

    Oh, wait…

    Anyway, the critical point is that vaccination should not be mandated wholesale simply to increase the overall vaccination rate. It should be a precision instrument to protect the vulnerable. Andrews says that the broader mandate for the vaccine is required so that in the event of a spike in COVID-19 cases, Victorian hospitals are not overwhelmed. Actually, instead of imposing this requirement on citizens, the Victorian government could’ve just done its job and spent the last 18 months getting the hospitals ready so that they could handle an outbreak.

    Four thousand ICU beds, anyone?

    While Daniel Andrews might think this is some policy stroke of genius which will save him from his latest COVID-19 related pickle, this public health order, followed by his usual belittling and gaslighting commentary, might not be enough to get him over the line.

    Firstly, there is this little peculiarity of our parliamentary democracy called the separation of powers. As the name suggests, the executive, the legislature and the judiciary operate separately, and as such, the executive tail can’t wag the judicial dog. Insofar as this relates to this latest policy brain fart, it means the Andrews government cannot interfere with the judiciary; it can’t fire judges or their staff or prevent them from undertaking their function. He may also want to flick through Chapter III of the federal Constitution before picking a fight that would likely wind up in the High Court.

    Similarly, query the extent to which state government laws can mandate the working conditions for a federal member of parliament or a federal public servant. This rub has wound up in the courts a few times and I don’t think Andrew’s going to like where the precedent resides.

    Ultimately, good public policy means using the smallest possible tool to create the best possible public outcome. This, like much of Andrews’ other policy frolics, is a sledgehammer which produces little public benefit.

    And so, like much of the last 18 months, Victoria continues to represent the worst that big government has to offer.


    Report comment

    33
  2. We are way above base-camp now on Mt Stupid.

    What, are employers gonna physically constrain and/or restrain employees?

    Our Govs have lost their fucking minds


    Report comment

    13
  3. Another thought: if you are unvaxxed and get fired you could apply for a Commonwealth jerb. Then when they refuse you because unvaxxed you could sue them for discrimination using this very same legislation! It’d be fun! Especially the six-figure damages cheque.


    Report comment

    15
  4. Turn about is fair play – only hire the unvaxxed. That is where this is heading.
    At the very least I wouldn’t be hiring anyone who has been involved in pushing this vaccine (including any manager who has enforced these rules on their staff). During the hiring process I will be asking interview questions to weed those people out, not hire them and tell them why they are not hired.


    Report comment

    11
  5. So the City of Melbourne as of yesterday, has banned unvaxed from City of Melbourne services, facilities and events. And Dan has effectively banned their employment across the board except if you are a commonwealth employee, legal beagle or judge. I can see the streets of Melbourne littered with unemployed and the steps to the Town Hall covered in urine and excrement as said unemployed won’t be able to use toilets.
    These people making the rules are lunatics!


    Report comment

    21
  6. These exceptions will only make future legal proceedings less convincing on the government side. You will not be able to convincingly argue that court workers or Commonwealth employees are less dangerous while unvaccinated then other Authorized Workers on that list. In fact, these concessions indicate the precarious of their legal position in toto.


    Report comment

    19
  7. and are the urine and excrement cleaners going to submit to the vaxx coercion just to get paid $20 / hr to clean up all that urine and excrement… (although maybe that changes once they can start mass importing the 3rd world, i mean international ‘students’ again)


    Report comment

    8
  8. Ultimately, good public policy means using the smallest possible tool to create the best possible public outcome.
    This decision making check applies across the board, in my view, and is too often overlooked. Failing to keep regulation to the barest minimum can quickly lead to OCD like wasting of resources.


    Report comment

    4
  9. This is the point where you realise that the government has abandoned reasonable caution in relation to a public health issue and has adopted full-blown apartheid.

    This is evil. And those who enforce it are being evil – condoning it and fostering it.

    Victoria is now officially on a par with 60’s South Africa.


    Report comment

    25
  10. BHP are now onboard after testing the water at Mt Arthur. Guess I wont be on any BHP site in future. My vaccine status is my business, no one elses. About time others started minding their own.


    Report comment

    18
  11. I cannot appropriately express my disgust and loathing of the repulsive creatures who, in their insulated and air conditioned, paid for by the public, offices think that this repulsive abomination is in any way a good idea.


    Report comment

    16
  12. Coronavirus: Unvaccinated politicians and staffers set to banned from Victorian parliament

    The Victorian government is moving to prevent unvaccinated MPs and parliamentary staff from entering or voting in parliament, in a national first for Australia.

    The notice of motion – distributed to upper house MPs late Thursday night – would see parliamentarians barred from entering the chamber and their security access passes revoked if by October 15 they fail to show proof of their first dose or of an appointment within a week.

    Politicians and staffers will have to be fully vaccinated by November 26.

    Liberal Democrats upper house members David Limbrick and Tim Quilty have already flagged they will oppose the motion and will refuse to hand over their medical records, despite both being fully vaccinated.

    We think this a step too far, this is basically denying elected members of parliament the ability to represent people based on their medical status,” he said.

    Mr Limbrick said the notice of motion could be the first ever to prohibit members from parliament based on their medical status.

    The Australian approached Victorian Attorney-General Jaclyn Symes for comment.

    The move comes after the state government last week mandated vaccines for all authorised workers.

    From October 15, unvaccinated essential workers will be forbidden from working onsite unless they had received their first shot and are required to be double-dosed by November 26.

    Authorised workers carry permits allowing them to leave their homes in lockdown and operate in a wide range of industries including supermarkets and food, farmers, healthcare, transport, media, police and emergency services, faith leaders and retail workers operating click-and-collect services.


    Report comment

    11
  13. “Megansays:
    October 8, 2021 at 2:53 pm
    Looks like words have also failed Groundhog Guy, Cassie.”

    As expected.

    I really like and respect the current Victorian opposition – David Limbrick and Tim Quilty. Sad it’s just two.


    Report comment

    14
  14. Words fail me. Any word from Matthew Groundhog Guy and the Liberals about this?

    As they say in the classics: LOL!
    As a Victorian I despair of the future of this state.
    And the POS Morrison is no white knight coming to the rescue.


    Report comment

    11
  15. The missus wants to know, is an employee of Vic Stasi still an “Commonwealth Employee”

    In context, is it the The Australian Commonwealth, or the British Commonwealth?


    Report comment

    6
  16. For someone who was lambasted and accused by Andrews of associating with crime figures when last time opposition leader, Matthew Guy is very supportive of Dictator Dan on many of the most controversial topics.
    Does Andrews have something on him?


    Report comment

    5
  17. MT, south of the Murray, the POS tagline must now be de rigueur.

    DB’s point about the carve outs is the best news – if it’s unconstitutional for thee it must be the same for me.


    Report comment

    6
  18. The following from the Heiner Affair is referenced in Lysander’s post on Pell. It could so easily be a comment on this most recent one of Mater’s.

    A.V. Dicey [Introduction To The Study Of The Law Of The Constitution (10th Ed, 1959) At 202-203.] Gave This As The Primary Meaning About Government By The Rule Of Law-
    “…the absolute supremacy or predominance of regular law as opposed to the influence of arbitrary power… Englishmen are ruled by the law, and by the law alone; a man may with us be punished for a breach of law, but he can be punished for nothing else. It means, again, equality before the law or the equal subjection of all classes to the ordinary law of the land administered by the ordinary law courts; the ‘rule of law’ in this sense excludes the idea of any exemption of officials or others from the duty of obedience to the law which governs other citizens or from the jurisdiction of the ordinary tribunals”



    Report comment

    7
  19. The Victorian government is moving to prevent unvaccinated MPs and parliamentary staff from entering or voting in parliament, in a national first for Australia.

    So much for representative government. Not that we’ve had much of that lately.


    Report comment

    4

Leave a Reply

Your email address will not be published. Required fields are marked *