Law is law is law. You can not bark orders and arrest people because suits you! You must abide by the law that parliament voted on and passed. The Bio Security Act 2015! States must line up with that Federal Act. Simple as that. So what the hell is Daniel Andrews up to? Here is an Australian lawyer who colourfully explains the basics.
Public Health Framework
Bio Security Act of 2015 is on the top of the Framework and is priority over all over Acts of any other state.
Specifies that it is BOSS!
- Interacts with other states concurrently
- Must be consistent with all states in its enforcement
Emergency direction and power and when it can be enacted – it is on top of all states
Governor General declares a state of emergency – example 18/03/20
States can but as above
Requirements – Human Bio Security Federal Health Minister can decide.
Subsection 3 – covers movement of persons
Restrictions cannot be done on an individual with requirement being done such as
- Body sample
- Clothing – mask
- Contact tracing
Assessment of Health Risks
-only when proven to be exposed and showing symptoms can a person “authorised” to give a specifica set of requirements. Does not allow isolation and detainment.
60 What you need to do-
BioSecurity Control Order
- By someone authorised when shown
- Signs and symptoms
- Or exposed to some showing signs and symptoms and having been issued the same order
- Only if you are sick and only by an authorised officer
What must be shown! Healthy are not required to do anything. Healthy until proven sick.
If an individual is a risk and does not apply to a group of people.
Note: not dogma but ACT is based on the law and science.
Employer CANNOT unless authorised and a Bio sec control order
- MD diagnosed
Bio Security Control order
- The disease
- Prescribed contacts and who they were specifically not guessed
- Unique identifier number of each order
- Each measure and why
- Examination details
- Max 3 months
Subject to review – these rights to review are built in and do not go away – balanced approach – presumed healthy until proven ill
- To give contacts of someone who has been given a control order
- Health status
- Clothing and equipment
- Section 88 – clothing
- Section 90/91
- Examination – 91
- Decontamination 90
- Samples – 90
- Vaccination 90/91
- Bio security control order.
- Section 93 – medication
- Section 94 no use of force!!!!