The pandemic raised significant questions about the intersection of public health powers and individual rights. Understanding the legal framework helps you make informed decisions.
Informed consent and medical treatment
Under Australian law, informed consent is a fundamental principle of medical treatment. This means you have the right to receive clear information about any proposed treatment — including its benefits, risks and alternatives — and to make a voluntary decision without coercion.
The principle of informed consent is reflected in common law, the Australian Immunisation Handbook, and various state health legislation.
Know which law or order applies to you
Not all mandates had the same legal basis. Identifying the specific order, direction or requirement — and the legislation it relies on — is the essential first step.
Workplace mandates and public health orders
During the pandemic, various state and territory governments issued public health orders, and some employers introduced vaccination requirements. The legal basis for these measures varied — some were grounded in emergency powers legislation, others in workplace health and safety obligations.
Understanding which legal instrument applies to your situation is critical to understanding your options. Public health orders, employer directions, and professional registration requirements each have different legal foundations and challenge pathways.
Questions to ask before taking action
What is informed consent? The right to receive full information about a medical treatment and to make a voluntary decision, free from pressure or coercion.
Is a public health order still in effect? Many emergency orders have expired or been revoked. Check the current status of any order that may affect you through your state health department.
Can your employer require vaccination? Employer directions must be lawful and reasonable. The answer depends on your industry, the specific direction, and the legal framework in your state.
What are your options if you disagree? Options may include formal review, exemption applications, workplace negotiation, or legal challenge — depending on the source of the requirement.
Free resource
Prepare with the Rights Checklist
Use our checklist to organise the facts and supporting documents before you write.
Disclaimer: The information provided by Know Your Rights Group is for educational purposes only and does not constitute legal advice. Always seek independent legal advice for your specific situation.