I am posting this here as a I have been doing the research in preparation for when I need to bounce my current employer. I am lucky to be working remotely in vic, but the time will come when I will have to confront this. This data has a lot of federal law in it, but I am also throwing in VIC law at the bottom as that is what also applies to me.
The goal of this data is not to beat your employer, it is to delay them. When they ask you for your vax status, you ask them what legal frame work they are using to break several general and health privacy laws. If they say you must be vaxxed, you place the onus on them by making them liable for damages. DO NOT send this entire document to your employer at once. Make them answer each question one by one and as slowly as possible, you need to drag it out. Nothing the state government has done is legal and many of the minor political parties are working very hard to highlight how retarded they are and its actually been interesting to see the ripples it is making in the government and there is signs of progress.
First, the most important part. You can overwrite state laws.
Australian constitution 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.
Second, the federal biosecurity act that has most of the relevant federal law in it, enforces this and says its an offence:
Biosecurity Act 2015 section 8, 3.
(3) Without limiting subsection (1), this Act does not exclude or limit the concurrent operation of a law of a State or Territory to the extent that:
(a) the law makes an act or omission:
(i) an offence; or
(ii) subject to a civil penalty; and
(b) that (or any similar) act or omission is also:
(i) an offence against a provision of this Act; or
(ii) subject to a civil penalty under this Act.
Any health "order" must be directed to an individual. It is important to note that here in vic they are throwing the terms authorised worker (no such legal entity), order and direction around without realising what they each mean. I will touch on that later, but first; who CAN be forced to wear a face mask, self isolate or do anything due to health problems.
Start with who can actually give you the command. If any health instruction does not come form the right people, it is not valid. This denies employers doing anything that breaks any health law.
Biosecurity Act 2015 section 60 states only biosecurity control officers can impart an order onto an INDIVIDUAL and ONLY if they show signs of a disease.
Imposing a human biosecurity control order on an individual
(1) The following officers may impose a human biosecurity control order on an individual:
(a) a chief human biosecurity officer;
(b) a human biosecurity officer;
(c) a biosecurity officer.
(2) A human biosecurity control order may be imposed on an individual only if the officer is satisfied that:
(a) the individual has one or more signs or symptoms of a listed human disease; or
(b) the individual has been exposed to:
(i) a listed human disease; or
(ii) another individual who has one or more signs or symptoms of a listed human disease; or
Biosecurity Act 2015 section 61 states an order can only be applied to an individual and it MUST BE VERY SPECIFIC.
Contents of a human biosecurity control order
(1) A human biosecurity control order that is in force in relation to an individual must specify the following:
(a) the ground in subsection 60(2) under which the order is imposed on the individual;
(b) the listed human disease in relation to which the order is imposed on the individual;
(c) any signs or symptoms of the listed human disease;
(d) the prescribed contact information provided by the individual under section 69 or 70 (as the case requires);
(e) a unique identifier for the order;
(f) each biosecurity measure (specified in Subdivision B of Division 3) with which the individual must comply, and an explanation of:
(i) why each biosecurity measure is required; and
(ii) in relation to a biosecurity measure included under section 89 (decontamination), 90 (examination), 91 (body samples) or 92 (vaccination or treatment)—how the biosecurity measure is to be undertaken;
(g) any information required to be included in the order by Subdivision B of Division 3;
(h) the period during which the order is in force, which must not be more than 3 months;
Biosecurity Act 2015 section 34 actually specifies the ground work for all of this and essentially says the same things.
Biosecurity Act 2015 section 69 only lists one provision of communication. It states that contact information can be ordered, but it is only between the officer and the individual. Contact tracing as it is implemented is not between the officer and the individual and not legal.
Providing contact information
(1) An officer who intends to impose a human biosecurity control order on an individual may require the individual to provide the officer with prescribed contact information for the individual.
Biosecurity Act 2015 section 87. Self isolation orders can only be applied to individuals and only if you have signs you are sick. Also the order still has to come from a biosecurity officer.
Restricting behaviour
(1) An individual may be required by a human biosecurity control order to go to, and remain at, the individual’s intended place of residence for a specified period.
(2) Without limiting subsection (1), if an individual does not reside in Australian territory, the individual’s intended place of residence includes a place at which the individual intends to stay while in Australian territory.
(3) An individual may be required by a human biosecurity control order not to do either or both of the following for a specified period:
(a) visit a specified place, or class of place, where there is an increased risk of contagion of the listed human disease;
(b) come into close proximity with a specified class of individuals, where there is an increased risk that the individuals in that class might contract the listed human disease.
Biosecurity Act 2015 section 88. Masks also follow the specific individual order / bio security officer requirements and they are more specific.
Risk minimisation interventions
(1) An individual may be required by a human biosecurity control order to wear either or both specified clothing and equipment that is designed to prevent a disease from emerging, establishing itself or spreading.
(2) The order must specify the following:
(a) the circumstances in which the individual is required to wear the clothing and equipment;
(b) the period during which, or the times at which, the individual is required to wear the clothing and equipment;
(c) instructions for wearing the clothing and equipment.
Biosecurity Act 2015 section 90 and 91. You can only be forced to take tests if you are issued with a biosecurity order, by a biosecurity officer.
90 Undergoing an examination
An individual may be required by a human biosecurity control order to undergo, at a specified medical facility, a specified kind of examination relating to determining the presence in the individual of:
(a) the listed human disease specified in the order; and
(b) any other listed human disease.
91 Requiring body samples for diagnosis
(1) This section applies if an individual has undergone an examination under section 90.
(2) The individual may be required by a human biosecurity control order to provide, at a specified medical facility, specified body samples for the purpose of determining the presence in the individual of:
(a) the listed human disease specified in the order; and
(b) any other listed human disease.
Biosecurity Act 2015 section 95. FORCE IS NOT ALLOWED TO BE USED.
No use of force to require compliance with certain biosecurity measures
Force must not be used against an individual to require the individual to comply with a biosecurity measure imposed under any of sections 85 to 93.
For VIC I also found these:
VIC Public Health and Wellbeing Act 2008 117
(3) A public health order must—
(a) be in writing;
(b) identify the person to whom the order applies;
Broad category ORDERS are not legal. They must specific a PERSON.
In the definitions of the act:
Person: includes a body or association (corporate or unincorporate) and a partnership and, in Division 2 of Part 7, also includes a firm;
Individual is not listed. Individual is the standard legal term for, well, individuals. There is no legal grounds for orders being issued to individuals.
DIRECTIONS is a harder one to put on paper. Almost all DIRECTIONS can only be issued to an AUTHORISED officer. But first, you must be made an authorised officer. There are several sections that relate to appointing of authorised officers but they all must come from someone very high up and only to INDIVIDUALS. For the purpose of covid they rewrote the law (yeah, what good is law when they can just change it on the fly) to give the Secretary additional powers in the event of an emergency to appoint authorised officers. This is done so they can do it on mass.
VIC Public Health and Wellbeing Act 2008 250
(1A) In addition to the persons who may be appointed under subsection (1), the Secretary by instrument may appoint any of the following to be an authorised officer for the purposes of this Act—
(a) a person the Secretary considers appropriate for appointment based on the person's skills, attributes or experience;
(b) a police officer;
(c) a protective services officer;
(d) a Worksafe inspector;
(e) an employee in the public sector of a State other than Victoria, or a territory;
(f) a health service provider.".
The subsection 1 mentioned is in section 30. This section states that the secretary must also issue specific instructions and powers and a special ID card. So each cop that says we can do X because its an emergency, must provide the written authorisation given to him and the powers that he has been given. There is no blanket authorised officer. As mentioned almost all the DIRECTION law must be between the government high ups and the authorised officers. So, what about issuing directions to the public?
They are running off one provision:
VIC Public Health and Wellbeing Act 2008 200, 1, D
Emergency powers
(1) The emergency powers are—
(d) give any other direction that the authorised officer considers is reasonably necessary to protect public health.
Section 200 is a long and contains a LOT of detail in regards to what authorised officers must do when they use their power. I'm not going to get into this as its long and it not entirely relevant. The point is, your boss, ceo or manager, is not an authorised officer and therefore, can not issue you any DIRECTIONS on behalf of the government. If they claim that they are because the DIRECTIONS currently issued list their industry, ask them for the written letter and the powers issued to the individual or an agent of the company that allows them to do what they are asking, despite it being illegal. They will not have this. The government will not sanction authorised officers for every single business and even if they do, there are many provisions that say they must be qualified.
If you can't get through this and they are still threatening you, pull this one:
VIC Public Health and Wellbeing Act 2008 227
Protection of person giving certain information
The giving of information that is authorised or required to be given under this Act in accordance with this Act—
(a) does not for any purpose constitute unprofessional conduct or a breach of professional ethics on the part of the person by whom it is given; or
(b) does not make the person by whom it is given subject to any liability in respect of it; or
(c) does not constitute a contravention of any other Act or law (including common law).
If the information you give, incriminates you, breaks professional ethics (by allowing your employer to break laws), breaks your professional ethics (you now breaking law), or breaks any other ACT (biosecurity 2015), then you do not have to answer the question, are you vaxxed?
If that all fails, move onto vax liability.
VIC Occupational Health and Safety Act 2004, 20
(2) To avoid doubt, for the purposes of this Part and the regulations, regard must be had to the following matters in determining what is (or was at a particular time) reasonably practicable in relation to ensuring health and safety—
(a) the likelihood of the hazard or risk concerned eventuating;
(b) the degree of harm that would result if the hazard or risk eventuated;
(c) what the person concerned knows, or ought reasonably to know, about the hazard or risk and any ways of eliminating or reducing the hazard or risk;
(d) the availability and suitability of ways to eliminate or reduce the hazard or risk;
The vic OHS act says that employers are responsible for health risks that they make their employees go through.
An exceptional letter to give to your employer that explains the legality and details of what is being asked here:
https://constitutionwatch.com.au/is-your-employer-threatening-you-with-economic-duress/This letter however should be a final letter in the event you are not after a stall tactic.
I got this letter from
https://www.knowyourrightsgroup.com.au/vaccinations/ and modified it. Very good group, but a bit stingy. Do note that the discrimination at the bottom is not legal, as there is no grounds for illegal discrimination here, but it is still ethical discrimination. You will find that your company will not be able to answer all of these questions.
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I write with regard to the matter of potential covid vaccine and my desire to be fully-informed and appraised of ALL facts before going ahead.
I'd be most grateful if you could please provide the following information:
1. Can you please advise me of the approved legal status of any vaccine and if it is experimental?
2. Can you please provide details and assurances that the vaccine has been fully, independently and rigorously tested against control groups and the subsequent outcomes of those tests?
3. Can you please advise of the full list of contents of the vaccine I am to receive and if any are toxic to the body?
4. Can you please fully advise of all the adverse reactions associated with this vaccine since it's introduction?
5. Can you please confirm that the vaccine you are advocating is NOT 'experimental mRNA gene altering therapy'?
6. Can you please confirm that I will not be under any duress from yourselves as my employers, in compliance with the Nuremberg Code?
7. Can you please advise me of the likely risk of fatality, should I be unfortunate to contract Covid 19 and the likelihood of recovery? With and without the vaccine.
Once I have received the above information in full and I am satisfied that there is NO threat to my health, I will be happy to comply and receive the vaccine, but with certain conditions - namely that:
1. You confirm that I will suffer no harm.
2. Following acceptance of this, the offer must be signed by a fully qualified doctor who will take full legal and financial responsibility for any injuries occurring to myself, and/or from any interactions by authorised personnel regarding these procedures.
3. In the event that I should have to decline the instruction to receive the vaccination, please confirm that it will not compromise my position and that I will not suffer prejudice and discrimination as a result?
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Some further things from the VIC human rights act. Remember, access to clean drinking water is a human right, so when people say it doesn't count, just compare it to that.
VIC Charter of Human Rights and Responsibilities Act 2006 - You should check this one out in full and then realise how bad vic police and co have broken it. I'm only listing employee related stuff.
9 Right to life
Every person has the right to life and has the right not to be arbitrarily deprived of life. (Just mentioning it because I mentioned water)
10 Protection from torture and cruel, inhuman or degrading treatment
A person must not be—
(a) subjected to torture; or
(b) treated or punished in a cruel, inhuman or degrading way; or
(c) subjected to medical or scientific experimentation or treatment without his or her full, free and informed consent.
There are no long term tests for the safety of the vaccine. Due to this anyone taking the vaccine now are essentially test subjects.
13 Privacy and reputation
A person has the right—
(a) not to have his or her privacy, family, home or correspondence unlawfully or arbitrarily interfered with; and
(b) not to have his or her reputation unlawfully attacked.
17 Protection of families and children
(1) Families are the fundamental group unit of society and are entitled to be protected by society and the State.
(2) Every child has the right, without discrimination, to such protection as is in his or her best interests and is needed by him or her by reason of being a child.
Pull this one if you have a family and they are threatening to fire you.
VIC Charter of Human Rights and Responsibilities Act 2006 SECTION THREE - relates to the use of laws and such.
28 Statements of compatibility (of new bills into parliament)
(3) A statement of compatibility must state—
(a) whether, in the member's opinion, the Bill is compatible with human rights and, if so, how it is compatible; and
(b) if, in the member's opinion, any part of the Bill is incompatible with human rights, the nature and extent of the incompatibility.
No one has done this to date.
