Sir. Limbrick said the government used the mandate to reduce the number of MPs likely to vote against a forthcoming bill on emergency power that would give it the legal option to enforce many public health rules.
“I think this is one of the most undemocratic things I have ever seen,” he said.
“If the proposal is adopted, which I suspect it will, we will not comply. We will not disclose details … to participate in public life.
“Basically, what they are doing is removing the opposition to their pandemic legislation.”
The motion, to be discussed next week, would result in non-compliant MEPs having their security access cards revoked.
Treasurer Tim Pallas urged the two Liberal Democrats to “just throw the ideology a moment” and said elected officials had a responsibility to be an example to their community.
“It simply came to our notice then [not complying] may be an expression of their freedom, but it is also an existential threat to those they interact with if they cannot prove they have been vaccinated, ”Pallas said.
He added that the state constitution prevented MPs from voting outside parliament.
Those who refused to show their vaccination status would be treated as if they had violated an order from the house and would have their access to the area revoked until the second meeting day next year. The suspension would be lifted if the MP got their jab.
The Prime Minister’s Office said on Thursday that all Labor MPs had received at least one COVID-19 vaccine dose, while the Liberal Party said that all but one of its MPs had been vaccinated.
While most MPs have been vaccinated, the mandate is likely to provoke an ethical and legal debate over whether it is fair to deny some voters a vote in parliament because their elected representatives do not want to be vaccinated or feel uncomfortable declaring their status.
The proposal would also block upper house MPs from attending their offices if they were not vaccinated.
The mandate of MEPs is in line with public health orders requiring authorized workers – including politicians – to be vaccinated. However, it would go further by making it a rule in the Houses of Parliament that Members of Parliament, without medical exemption, be vaccinated.
The proposal states that Members of Parliament must not share the vaccine status of Members of Parliament and that they should destroy the information provided by Members of Parliament when appropriate to do so.
Public health directives, which enshrined Victoria’s mandate in law Thursday, revealed that licensed workers who refused to be vaccinated could be fined $ 21,720 while businesses could be pulled to nearly $ 110,000. In addition, any person caught giving false or misleading information about their vaccination status can be fined nearly $ 10,860 and companies $ 54,300.
The instructions also detailed that judges and magistrates would no longer be forced to get the sting to continue in their jobs.
Pallas confirmed that the state received advice that it could not legally bind people working in litigation due to an issue of “separation of powers”. However, the Supreme Court’s Supreme Court judge, Anne Ferguson, said the vaccination rate among judicial officials was “extremely high” nonetheless.
No other parliament in Australia has a mandate for vaccines, but NSW’s Health Minister Brad Hazzard said last month that his state’s spokesman was examining the idea.
“My personal view is that all MPs should be vaccinated,” Hazzard said.
One of Australia’s leading researchers in constitutional law, Anne Twomey, said the Houses of Parliament had the authority to lay down rules for the conduct of their business through firm orders under the state constitution, but flawed problems could arise with parts of the proposed vaccination mandate. .
Professor Twomey, from the University of Sydney, said “the chamber is likely to have the right to protect the health and safety of its members”.
“It is unlikely that its powers will extend beyond the chamber and premises set aside for its members,” she said, but added that there are other laws that give parliamentary officials the power to stop people from gaining access. to the area.
Members of Parliament also have various immunities and privileges that can give them access to Parliament.
“It could potentially give rise to a legal controversy,” Professor Twomey said.
She also warned that a standing order on the House would probably not include imposing restrictions on a Member of Parliament who has access to their constituency, but noted that the law in this area is very complex and such a provision could be supported by other legislation. .
Simon Longstaff, CEO of The Ethics Center, said the proposal was “quite remarkable, but that’s not to say it’s wrong”.
He said it was up for debate whether a Member’s right to participate in Parliament was absolute or whether it was conditional.
To illustrate the point, Dr. Longstaff that it would be fair to prevent MPs from entering Parliament if they suffered from an infectious disease.
He said, however, that the government would ideally exhaust all reasonable alternatives to make Parliament a safe environment with unvaccinated MPs. This may include the use of rapid tests at entrances or the use of committee rooms to house unvaccinated MPs.
The federal government has urged eligible Australians to get their COVID-19 jab, but has so far refrained from generally mandated vaccines. However, it supported the state’s efforts to make vaccines mandatory for elderly carers based on health advice.
Veteran of Victorian Federal Liberal MP Russell Broadbent announced last week that he would not receive a coronavirus vaccination.
Several Liberal sources confirmed that a proposal was made before the Warragul party questioned how he could remain the federal MP for Monash given his “public refusal to vaccinate against COVID-19”, but it was voted down.
“People here are furious and that’s a huge concern,” a local liberal source said Aging. “He can not go to Canberra, and Parliament will not let him.”
Aging have spoken to several party officials who confirmed that Broadbent would apply for a pair. If approved, it would mean that the government’s margin in the House of Representatives would not be affected.
Federal opposition leader Anthony Albanese and the federal Greens have taken a similar stance as the federal government, although former opposition leader Bill Shorten supports mandatory shocks for MPs.
Staff working in the Federal Assembly are offered Pfizer vaccines at a clinic in the building on Monday ahead of a meeting every four weeks later in the month, but there has been no indication from either the ACT authorities or the government that jabs will be a condition of entry.
Several federal lawmakers have not been vaccinated, including Broadbent and One Nation leader Pauline Hanson.
With Tammy Mills
The Morning Edition newsletter is our guide to today’s most important and interesting stories, analyzes and insights. sign up here.