Legislation

Privacy Act 1988
See section 94H 1(c)
“Requiring the use of COVIDSafe

             (1)  A person commits an offence if the person requires another person to:

                     (a)  download COVIDSafe to a communication device; or

                     (b)  have COVIDSafe in operation on a communication device; or

                     (c)  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 paper register will be required by the COVIDSafe “authorised” personnel if they deem a contact was in a store that you visited, and may have consented (or not) to adding your personal information to a register. That information will be added to the COVIDSafe database if requested from a business owner.

Biosecurity Act 2015
https://www.legislation.gov.au/Details/C2017C00303

See of note S59, 60 and 61.

“Part 3Managing risks to human health: human biosecurity control orders

Division 1Introduction

59  Simplified outline of this Part

Under Division 2, a human biosecurity control order can be imposed on an individual if the individual may have a listed human disease.

A human biosecurity control order that is in force in relation to an individual may require the individual to comply with certain biosecurity measures. Division 3 sets out what those measures are, and they include vaccination, restricting the individual’s behaviour and ordering the individual to remain isolated.

An individual may consent to a biosecurity measure included in a human biosecurity control order that is in force in relation to the individual.

An individual who refuses to consent to such a measure (other than an isolation measure or traveller movement measure) is not required to comply unless a direction has been given by the Director of Human Biosecurity requiring the individual to do so. (Emphasis added) An individual must comply with an isolation measure or a traveller movement measure for the first 72 hours while a direction from the Director of Human Biosecurity is being sought. After that time, the individual is required to comply with the measure only if a direction is given by the Director.

Biosecurity measures that are included in a human biosecurity control order are treated in one of 2 ways. For some biosecurity measures, an individual who is given a direction from the Director of Human Biosecurity to comply with the measure must do so immediately. For other biosecurity measures, an individual is given a period to apply for judicial review before being required to comply with the measure.”

 

60  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.

Note 1:       An officer who intends to impose a human biosecurity control order on an individual has certain powers under sections 68 and 69.

Note 2:       Before imposing a human biosecurity control order, an officer must be satisfied of the matters referred to in section 34 (the principles).

Note 3:       The Director of Human Biosecurity must be notified of the imposition of a human biosecurity control order (see section 67).

             (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

                     (c)  the individual has failed to comply with an entry requirement in subsection 44(6) in relation to a listed human disease.

             (3)  To avoid doubt, an individual may fail to comply with an entry requirement in subsection 44(6) even if the individual is not able to comply with the requirement.

             (4)  An officer may include one or more biosecurity measures specified in Subdivision B of Division 3 in a human biosecurity control order.

Note:          For the biosecurity measures that each kind of officer can impose, see section 82.

61  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;

                      (i)  the following:

                              (i)  the effect of section 70 (requirement to notify of changes to contact information);

                             (ii)  the effect of section 74 (when an individual is required to comply with a biosecurity measure);

                            (iii)  the rights of review in relation to the human biosecurity control order under this Act, the Administrative Appeals Tribunal Act 1975 and the Administrative Decisions (Judicial Review) Act 1977;

                            (iv)  the effect of section 107 (offence for failing to comply with an order);

                      (j)  details of a chief human biosecurity officer who can be contacted for information and support in relation to the order;

                     (k)  any other information that the officer imposing the order considers appropriate;

                      (l)  any other information required by the regulations.

Note:          Despite paragraph (1)(h), an individual might be required to comply with a biosecurity measure for a more limited period of time (see for example section 96 (traveller movement measure)).

             (2)  If a human biosecurity control order ceases to be in force, paragraph (1)(h) does not prevent another human biosecurity control order from being imposed on the same individual.

             (3)  To avoid doubt, a human biosecurity control order that is varied must comply with subsection (1).”

– End Biosecurity Act 2015 notes

 

Following sources from: https://www.greataustralianparty.com.au/letter-of-response-to-a-workplace-direction-to-vaccinate
Sources:

s 162(1) Public Health Act 2016 (WA)
s 203(2)
 Public Health and Wellbeing Act 2008 (VIC)
s 362D
 Public Health Act 2005 (QLD)
s 120(4)
 Public Health Act 1997 (ACT)
s 101(2)
 Emergency Management Act 2013 (NT)
s 81
 South Australian Public Health Act 2011 (SA)
s 10
 Public Health Act 2010 (NSW)
s 242(1)
 Work Health and Safety Act 2012 (TAS)
George v Rockett
 [1990] HCA 26; 170 CLR 104; 64 ALJR 384; 93 ALR 483; 48 A Crim R 246
High Court unanimously holds that Queensland Rail is a trading corporation within the
meaning of s 51(xx) of the Constitution
s2
 Constitution Act 1889 (WA)
Corporations (Commonwealth Powers) Act
 2001
s 118
 Commonwealth of Australia Constitution Act 1900 (UK)
Stay of the Emergency Temporary Standard Requiring Mandatory Vaccines or Testing for All Employers (US)
Emergency Temporary Standard Stayed
 by Fifth Circuit Court of Appeals (US)

Leave a Reply