This is a summary of relevant legislation which states your rights in relation to current covid directives, laws and mandates.

Note – All text in italics is a direct extract from the reference legislation.

Information Sources
Covid Mandates – Legal Status

(Commonwealth) The Australian Constitution (Document)

  • Section 51 – The Parliament shall, subject to this Constitution, have power12to make laws for the peace, order, and good government of the Commonwealth with respect to:
    • Refer to constitution for more detail.
  • Section 109 – Inconsistency of laws – When a law of a State is inconsistent with a law of the Commonwealth, the latter shall prevail, and the former shall, to the extent of the inconsistency, be invalid.

(Commonwealth) The Biosecurity Act 2015 (Document) – Definitions

  • human biosecurity control ordermeans an order imposed on an individual under section 60.
  • human biosecurity emergencymeans a human biosecurity emergency that is declared to exist under subsection 475(1).
  • human biosecurity emergency declarationmeans a declaration made under subsection 475(1).
  • human biosecurity emergency periodmeans the period specified under paragraph 475(3)(c) in a human biosecurity emergency declaration as the period during which the declaration is in force.
  • human biosecurity officermeans a person who is authorised under section 563 to be a human biosecurity officer under this Act.

Sections

  • Section 8 – Concurrent operation of State and Territory Laws
    • Does not limit the operation of a State or Territory law, except in subsections 445(4), 446(4), 477(5) and `478(4) (biosecurity emergencies and human biosecurity emergencies)
  • Section 475 – Governor‑General may declare that a human biosecurity emergency exists
  • Section 477 – Health Minister may determine emergency requirements during human biosecurity emergency period
  • Section 60 – Imposing a human biosecurity control order on an individual
    • The following officers may impose a human biosecurity control order on an individual: a chief human biosecurity officer; a human biosecurity officer; a biosecurity officer.
    • A human biosecurity control order may be imposed on an individual only if the officer is satisfied that: the individual has one or more signs or symptoms of a listed human disease; or the individual has been exposed to: a listed human disease; or another individual who has one or more signs or symptoms of a listed human disease; or the individual has failed to comply with an entry requirement in subsection 44(6) in relation to a listed human disease.
  • Section 61 – Contents of a human biosecurity control order
  • Section 62 – Form of a human biosecurity control order
    • A human biosecurity control order must be in the form approved, in writing, by the Director of Human Biosecurity.
    • A human biosecurity control order is not a legislative instrument.
  • Section 63 – Giving a human biosecurity control order to an individual
  • Section 93 – Receiving medication
  • Section 94 – Appropriate medical or other standards to be applied
  • Section 95 – No use of force to require compliance with certain biosecurity measures

(Victoria) Public Health and Mental Wellbeing Act 2008 – A Victorian State Act that, align with The Biosecurity Act 2015 once a biosecurity emergency has been declared, under section8 of the act and section 109 of the Constitution.

  • To be confirmed
  • Section 200 (detainment) – Has not been changed since 2008.
  • Section 117 and 123 have been changed recently to be in line with the Bio Security Act.
  • The Victorian Government is relying heavily on section 200 is isolation to implement restrictions. It must be read as a whole document in a suite of legislation and laws.
Mandatory PCR Tests, Masks, Vaccinations or Other Medical Procedures

(International) Nuremberg Code (1947) – The judgement by the war crimes tribunal at Nuremberg laid down 10 standards to which physicians must conform when carrying out experiments on human subjects in a new code that is now accepted worldwide. This judgment established a new standard of ethical medical behaviour for the post World War II human rights era.

  • 1 – The voluntary consent of the human subject is absolutely essential. This means that the person involved should have legal capacity to give consent; should be so situated as to be able to exercise free power of choice, without the intervention of any element of force, fraud, deceit, duress, overreaching, or other ulterior form of constraint or coercion; and should have sufficient knowledge and comprehension of the elements of the subject matter involved as to enable him to make an understanding and enlightened decision
  • 4 – The experiment should be so conducted as to avoid all unnecessary physical and mental suffering and injury.
  • 6 – The degree of risk to be taken should never exceed that determined by the humanitarian importance of the problem to be solved by the experiment.
  • 10 – During the course of the experiment the scientist in charge must be prepared to terminate the experiment at any stage, if he has probable cause to believe, in the exercise of the good faith, superior skill and careful judgment required of him, that a continuation of the experiment is likely to result in injury, disability, or death to the experimental subject.

(Commonwealth)  The Disability Discrimination Act 1992 – Prohibits services to anyone on the grounds of medical disability.

  • Section 6 – Indirect disability discrimination
  • Section 24 – Goods, services and facilities

(Commonwealth) Privacy Act 1988

  • To be confirmed

If an employer demands you obtain a Medical Procedure

  • To be confirmed
Directives: Face Masks

Video (June 29) – Jeanette Young, Queensland Chief Health Officer (CHO) stating people do not have to wear maskshttps://www.facebook.com/100044404811790/videos/348208066927735

 

(Directives, NOT law or legislation)  updated mask directives are here – https://www.dhhs.vic.gov.au/face-masks-vic-covid-19

Scroll down to “Exceptions for not wearing a face mask”

  • People who have a medical conditions/, do NOT have to wear a mask.
  • You do NOT need a medical certificate saying that you do not need to wear a mask.
  • Employees who are medically exempt cannot be forced to wear a mask.
  • Business owners are NOT responsible for people who cannot wear masks.
  • Medically exempt conditions include: Asthma, Emphysema, Epilepsy, ADHD, PTSD, Anxiety, Panic Disorders, Vertigo, Hearing Problems, Breathing Difficulties, Allergies as such and MANY more.
  • No one is required to tell you, or disclose their personal medical information to anyone.
  • Signs saying “No Mask, No Entry” or similar, are breach of sections 6 and 24 of the Commonwealth Disability Discrimination Act 1992 (and other laws) and should either be removed from premises or state “except with lawful medical exemptions” or similar disclaimer.
  • Harassment, coercion, intimidation, deceit, aggressiveness or bullying are NOT lawful means of imposing your personal beliefs or opinions about masks upon others.
  • Many people are medically exempt from wearing masks including the majority of Senior Citizens, even though they may not currently be aware of their exemption.
Mandatory Vaccinations

From a  post by G&B Lawyers, July 2nd 2021

  • Any law that purports to make it mandatory for a person to submit to a COVID-19 vaccination is invalid.
  • In 1945, the then Chief Justice Latham held that quarantine laws “may be regarded in most, if not all, of its aspects as a form of public health legislation”.
  • The Commonwealth has the power under section 51(ix) of the Constitution to make laws with respect to ‘quarantine’. This is a power granted to the Commonwealth. Not the States.
  • At [257] of the decision, Latham CJ held that the Commonwealth “could not pass a law requiring citizens of the States… to submit to vaccination or immunization”.

So there are several important things that flow from this High Court decision.

  • Vaccinations and immunizations are matters that fall within the category of ‘quarantine’.
  • Only the Commonwealth has the power to make laws with respect to ‘quarantine’ under section 51(ix) of the Constitution.
  • The Commonwealth is prohibited from passing laws requiring citizens to submit to vaccination or immunization (which are quarantine matters).
  • The States have no power to make laws with respect to quarantine, including matters dealing with vaccinations and immunizations (as Latham CJ held that these things are ‘quarantine’ matters).
  • The States are unable to do something that the Commonwealth is prohibited from doing under the exercise of the quarantine power.
  • Therefore the States cannot pass any law that requires citizens to submit to vaccination or immunization.
  • Part 3B of the Public Health (COVID-19 Air Transportation Quarantine) Order (No 2) (NSW) 2021 is invalid.

All workers who have been identified under the ‘NSW Airport and Quarantine Workers’ Vaccination Program’ should consider the above before making any decision as to whether to have a COVID-19 vaccination.

 

Mandatory QR Codes

General

  • Chief Health Officer directives are directives, not laws. No business can force directives on you.
  • Businesses cannot ask you to look at their phone – there is no legislation that allows this.
  • There is no legislation that empowers businesses to refuse you service if you do not show them your phone.
  • Police do not have the right to look at your phone or ask to see it.
  • (Victoria) Providing your details to police:
    • DPP versus Hamilton – not required to speak to police unless you are under arrest
    • There is no requirement for you to carry identification on you – you have 24 hours to provide this to a police station

(Commonwealth) The Australian Constitution (Document)

  • Section 109 – Inconsistency of laws – When a law of a State is inconsistent with a law of the Commonwealth, the latter shall prevail, and the former shall, to the extent of the inconsistency, be invalid.
  • The States cannot enforce any legislation that relates to telecommunications devices (phones) as this is federal jurisdiction

(Commonwealth) Privacy Act 1988

(Commonwealth) Privacy Amendment (Public Health Contact Information) Act 2020 –This relates to the Commonwealth Covid Safe Act. The intention of the act is top stop businesses forcing someone to upload to their app.

~~ Section 94H  Requiring the use of COVIDSafe

  • A person commits an offence if the person requires another person to:
    • download COVIDSafe to a communication device; or
    • have COVIDSafe in operation on a communication device; or
    • consent to uploading COVID app data from a communication device to the National COVIDSafe Data Store.

Penalty:  Imprisonment for 5 years or 300 penalty units, or both.

  • A person commits an offence if the person:
    • refuses to enter into, or continue, a contract or arrangement with another person (including a contract of employment); or
    • takes adverse action (within the meaning of the Fair Work Act 2009) against another person; or
    • refuses to allow another person to enter:
      • premises that are otherwise accessible to the public; or
      • premises that the other person has a right to enter; or
    • refuses to allow another person to participate in an activity; or
    • refuses to receive goods or services from another person, or insists on providing less monetary consideration for the goods or services; or
    • refuses to provide goods or services to another person, or insists on receiving more monetary consideration for the goods or services;
    • on the ground that, or on grounds that include the ground that, the other person:
    • has not downloaded COVIDSafe to a communication device; or
    • does not have COVIDSafe in operation on a communication device; or
    • has not consented to uploading COVID app data from a communication device to the National COVIDSafe Data Store.

Penalty:  Imprisonment for 5 years or 300 penalty units, or both.

IT NEWS ARTICLEhttps://www.itnews.com.au/news/wa-police-refused-request-to-stop-accessing-covid-check-in-app-data-566033

  • WA police have accessed QR code data to investigate a crime.
  • Police refused a request from the government to stop accessing QR code data.
  • The police do not work for the government – they are a private law enforcement agency
  • Government trying to negotiate with police regarding unlawful access of data (via a loophole).
  • Why are the government trying to negotiate with police, if the police work for them? If police don’t work for the government, who do they work for?
Freedom Of Movement – Border Passes and Travel Restrictions

(Commonwealth) The Australian Constitution (Document)

  • Section 92 – Trade within the Commonwealth to be free
    • On the imposition of uniform duties of customs, trade, commerce, and intercourse among the States, whether by means of internal carriage or ocean navigation, shall be absolutely free.
  • “Trade and commerce” and “intercourse” are two separate concepts, as noted in Cole v Whitfield:
    • …The notions of absolutely free trade and commerce and absolutely free intercourse are quite distinct and neither the history of the clause nor the ordinary meaning of its words require that the content of the guarantee of freedom of trade and commerce be seen as governing or governed by the content of the guarantee of freedom of intercourse.[4]
    • In that regard:
    • “trade and commerce” includes “the mutual communings, the negotiations, verbal and by correspondence, the bargain, the transport and the delivery”,[12]
    • “intercourse” is the ability “to pass to and fro among the States without burden, hindrance or restriction”,[13]

Attorney-Generals Department – Freedom of movement

  • Freedom of movement – The right to freedom of movement includes the right to move freely within a country for those who are lawfully within the country, the right to leave any country and the right to enter a country of which you are a citizen. The right may be restricted in certain circumstances.
  • Human Right Treaties – Australia is a party to seven core international human rights treaties.

(Human Rights Treaty) International Covenant on Civil and Political Rights (ICCPR). – The right to freedom of movement is contained in articles 12 and 13.

  • Article 12 – Freedom of movement – https://humanrights.gov.au/our-work/rights-and-freedoms/freedom-movement
    • Everyone lawfully within the territory of a State shall, within that territory, have the right to liberty of movement and freedom to choose his residence.
    • Everyone shall be free to leave any country, including his own.
    • The above-mentioned rights shall not be subject to any restrictions except those which are provided by law, are necessary to protect national security, public order (ordre public), public health or morals or the rights and freedoms of others, and are consistent with the other rights recognized in the present Covenant.
    • No one shall be arbitrarily deprived of the right to enter his own country.
  • Article 13 – An alien lawfully in the territory of a State Party to the present Covenant may be expelled therefrom only in pursuance of a decision reached in accordance with law and shall, except where compelling reasons of national security otherwise require, be allowed to submit the reasons against his expulsion and to have his case reviewed by, and be represented for the purpose before, the competent authority or a person or persons especially designated by the competent authority.

Office of the High Commissioner For Human Rights – CCPR General Comment No. 27 Article12 (Freedom of Movement)

  • Paragraph 16 – States have often failed to show that the application of their laws restricting the rights enshrined in article 12, paragraphs 1 and 2, are in conformity with all requirements referred to in article 12, paragraph 3. The application of restrictions in any individual case must be based on clear legal grounds and meet the test of necessity and the requirements of proportionality.
  • Note
    • If an individual were prevented from travelling internally without a permit
    • Governments have admitted that human rights cannot be overridden

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