AUSTRALIAN LEGAL RIGHTS DURING CV
You have more rights than you think!
Just know, mandates and directives are NOT law. State and federal mandates and directives can often contradict each other too.
The below information has been collaborated by several awesome people and made available here on APOV.
APOV – RED OR BLUE?
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APOV – RED OR BLUE?
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HOW ARE HUMAN RIGHTS PROTECTED IN AUSTRALIAN LAW?
Unlike most similar liberal democracies, Australia does not have a Bill of Rights. Instead, protections for human rights may be found in the Constitution and in legislation passed by the Commonwealth Parliament or State or Territory Parliaments.
There are five explicit individual rights in the Constitution. These are:
1/ the right to vote (Section 41)
2/ protection against acquisition of property on unjust terms (Section 51 (xxxi))
3/ the right to a trial by jury (Section 80)
4/ freedom of religion (Section 116)
5/ prohibition of discrimination on the basis of State of residency (Section 117).
Australia’s COMMON LAW was inherited from the United Kingdom. Common law is often called ‘judge-made’ law. This distinguishes it from laws made in Parliament. As well as common law, United Kingdom law includes the Magna Carta of 1215 which was probably the first human rights treaty. Student and teacher resources about the Magna Carta are available here: Magna Carta – the story of our freedom. 800th Anniversary (2015).
PRIVACY & BIOSECURITY ACTS – PDF & QR CODES
IF THE QR CODES DON’T WORK ABOVE USE THIS LINKS BELOW
MANDATORY QR CODES
1. Businesses have been told that the QR check-in is ‘mandatory’, however, this is NOT a legal mandate. It is actually illegal to enforce people to check in with a QR code or to refuse service to a person who doesn’t scan the QR code (Amendment to Section 94H of the Federal Government Privacy Act 1988). The penalty for enforcing QR scanning or service can be a 5-year jail term or 300 penalty units (PRIVACY ACT 1988 SEC 94 H).
www5.austlii.edu.au/au/legis/cth/consol_act/pa1988108/s94h.html
STATE VS FEDERAL LAWS
2. As state and federal laws can contradict each other, it’s good to know that federal laws override and invalidate conflicting state laws and business directives, including the ones demanding the “COVIDSafe” QR check in (Section 109 of the Commonwealth Constitution).
https://constitutionwatch.com.au/section-109-notes/
BUSINESSES REFUSING CUSTOMERS WITHOUT MASK
3. You can be fined $5000, for refusing goods or services to people NOT wearing a mask. This is because customers may have a lawful exemption such as a medical condition. As a business owner, you are not lawfully able to ask customers for PROOF of their medical exemption, as that information is protected under the Privacy Act. However, you can ask if they have a medical exemption, be aware under the Privacy Act that they are not required to respond (Disability Discrimination Act 1992 sec 24,25,26).
www.legislation.gov.au/Details/C2018C00125
PERSON DOES NOT HAVE TO PROVIDE PERSONAL INFORMATION
4. It is actually unlawful to discriminate against someone who is not wearing a mask or refuses to supply their personal information if you are allowing other members of the public to enter your premises (The Charter of Human Rights and Responsibilities Act – Part 2 Section 8). Under this Act, we are all equal before the law without discrimination and has the right to protection against discrimination.
www.legislation.gov.au/Details/C2017C00143
HUMAN RIGHTS ACT 2019
4. It is actually unlawful to discriminate against someone who is not wearing a mask or refuses to supply their personal information if you are allowing other members of the public to enter your premises (The Charter of Human Rights and Responsibilities Act – Part 2 Section 8). Under this Act, we are all equal before the law without discrimination and has the right to protection against discrimination.
www.legislation.gov.au/Details/C2017C00143
MASKS – QLD CHIEF HEALTH OFFICER DR. JEANETTE YOUNG
Queensland Health Minister Dr Jeanette Young making it clear that Mask exemptions are up to the individual. Common sense applies for each person to make up their own mind.
Most important quotes written in adjacent image.
FIGHT THE FINES!
Every single day we’re hearing stories of law-abiding citizens — families, really — who are being ticketed and fined by overzealous police.
Enough is enough!
Rebel News Australia has decided to crowdfund lawyers for Australians who want to fight back against their outrageous tickets.
HUGE OUT OF COURT SETTLEMENT
CV PDF BUSINESS GUIDE
Detailed document outlining what businesses need to know to protect themselves during these trying times.
HOLD THE LINE
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This simple website has be designed with the curious person in mind. The person that is not easily led by 'conspiracy theories' and takes what the mainstream media say with a grain of salt. For people that research subjects on both sides of the fence, then use logic and critical thinking to form an educated opinion.