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If you have a Criminal case in a lower Court as low down as the Magistrates Court (VCAT,NCAT, QCAT etc do not apply) AND you raise a Constitutional Matter AND the AG’s either fail to reply or reply in the negative for intervention (thinking your case is too trivial or lacks merit) THEN not only can the Magistrates Court decide the matter but the Prosecution CAN NOT APPEAL it unless granted Special Leave by the High Court.

This paper examines the legality and enforceability of the new Australian Government “No Jab, No Pay/Play” Legislation with the view of potential aspects to challenge the validity of this new law.

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