australianvoice

COVID-19 LEGAL STUDIES: How forced masks, vaccinations, QR codes and vaccine passports are illegal

This post looks at a topic which gets absolutely no discussion by the media or governments. They are completely focused on the Covid-19 Medical Emergency, as if this is our only problem. In fact they ignore a much bigger problem, the Covid-19 Legal Emergency. All the mandates they put in place are illegal. The Federal government is publicly advocating that the States deliberately order people to do things, or not do things, which are contrary to Federal law.  

It doesn't matter whether you think these mandates are justified or not. They are illegal. When you enforce them, you are acting contrary to Australian law, just as much as if you did not pay your taxes or burnt down your neighbor's house. The same is true for the Police. The Police have no more legal right to enforce these mandates than you do.  

The only way to understand this is to realize that the Federal and State governments are forced to make these demands in order to introduce the New World Order. These demands are very dangerous because all the plans of the NWO are also illegal. 

We must expose how these mandates are completely changing our society. They remove all rights and freedoms essential to our personal lives and our ability to earn a living. When your government says "Don't talk to your neighbour" its time to talk to your neighbour!

In what follows I will show how these mandates are contrary to different Australian laws, but first I would like to explain why nobody should follow them or enforce them. Australia has a Constitution and a process by which laws can be created. These laws are like the air we breathe. We may not think about our supply of oxygen every minute, but we certainly notice when we are no longer able to breathe fresh air. Fresh air sustains all of us.  The State and Federal laws of Australia are the same. They protect all of us. It is illegal for someone to physically attack you. It is illegal for people to destroy your property or steal from you. Laws provide the invisible structure of our society we rely on every day.  

You may wish to seek legal advice on my claim that the mandates are illegal under Australian Federal law. Note that according to the Australian Constitution, if there is a conflict between State and Federal legislation, the State legislation is always seen as invalid and unenforceable.  Ignoring our laws and Constitution is more dangerous than any medical emergency. You may think that a vaccine will protect your health, but what will protect you from the actions of Police and governments who have absolutely no regard for our laws or our Constitution?


MASKS

It is possible under the Australian Biosecurity Act 2015 to require someone to wear a mask anywhere or in some specific locations. However there are several clearly defined legal conditions under which such a direction can be issued to anyone. It is most unlikely than any employee in any Australian business can legally force a person to wear a mask under the Biosecurity Act. The same is true for Police. Here are some of the conditions needed to legally force a person to wear a mask:

60 Only the following people may impose a biosecurity control order on an person: (a) a chief human biosecurity officer; (b) a human biosecurity officer; (c) a biosecurity officer. (Notice these orders apply to individual people, not all people in any given location.)

63 An officer who imposes a human biosecurity control order on a person must give them a copy of the order and make sure the contents of the order are read out to them.

88 The Act states that an person may be required by a human biosecurity control order to wear specified equipment designed to prevent a disease from emerging, establishing itself or spreading.  


NO JAB, NO JOB.

Making someone wear a mask is illegal and may seem trivial, but some of the other mandates involve more serious breaches of the law. The “No jab, no job.” policy is being applied across the country. Under Australian law, it is illegal to perform any medical procedure on a person who has not given informed consent. This is how all medical procedures have been carried out for decades in Australia, using a policy based on the Nuremberg Code of 1947. Thus “No jab, No job.” is clearly illegal coercion, forcing people to accept an injection without informed consent. Here are two passages from "Informed consent to medical treatment":

10.47 At common law, all competent adults can consent to and refuse medical treatment. If consent is not established, there may be legal consequences for health professionals. Under the law of trespass, patients have a right not be subjected to an invasive procedure without consent or other lawful justification, such as an emergency or necessity. 

10.48 ‘Informed consent’ refers to consent to medical treatment and the requirement to warn of material risk prior to treatment. As part of their duty of care, health professionals must provide such information as is necessary for the patient to give consent to treatment, including information on all material risks of the proposed treatment. Failure to do so may lead to civil liability for an adverse outcome, even if the treatment itself was not negligent.

Notice the Covid-19 Emergency is not law. It must be renewed regularly. Under the Bioscecurity Act, a person can be ordered to have a vaccination. (Section 92, Receiving a vaccination or treatment, page 95) However this can only be done if there is a biosecurity control order for that person.


QR CODES

The Australian Privacy Act 1988 has very clear directions about the use of QR codes to track our movements. Such a system is legal however it is illegal to force a person to use a QR code or to deny them entry or services without it. What follows is a summary of relevant parts of section 94H:

94H 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.  

(2) A person commits an offence if the person:  

(c) refuses to allow another person to enter:  

(i) premises that are otherwise accessible to the public; or  

(ii) premises that the other person has a right to enter; or

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


VACCINE PASSPORTS

The legal position of vaccine passports is like that of QR codes. As such they are legal, however the Privacy Act states quite clearly in Division 2, Australian Privacy Principles, that there are only very limited conditions under which an organisation is permitted to collect, use or disclose your health information.  What follows is a copy of part (1) of section 16B:

16B Permitted health situations in relation to the collection, use or disclosure of health information  

(1) A permitted health situation exists in relation to the collection by an organisation of health information about a person if:  

(a) the information is necessary to provide a health service to the person; and  

(b) either:  

(i) the collection is required or authorised by or under an Australian law (other than this Act); or  

(ii) the information is collected in accordance with rules established by health or medical bodies.


ARE YOU CONFUSED? LET ME SUGGEST AN EXPLANATION

It is easy to understand the legal confusion created by mandates once you realize that Australia, like the UK, has a Common Law legal tradition. I am not a lawyer but I have see it explained as follows: In the Continental legal tradition found in France or Germany, an action is illegal unless it is allowed by law. In the Common Law tradition, and action is allowed unless it is forbidden. These mandates come from the Continental tradition, where law must define what is allowed. They cannot be laws in the Common Law tradition where laws define what you can't do. Everything required in the Covid Emergency is illegal according to the letter of the law and contrary to the spirit of Common Law rights and freedoms. They are completely alien to centuries of English-speaking legal tradition.


SOURCES:

Biosecurity Act 2015  (Pages 72, 74-75, 93-94)

https://www.legislation.gov.au/Details/C2021C00196 

Informed consent to medical treatment: Australian Law Reform Commission (20.05.2014)

https://www.alrc.gov.au/publication/equality-capacity-and-disability-in-commonwealth-laws-dp-81/10-review-of-state-and-territory-legislation/informed-consent-to-medical-treatment/

Privacy Act 1988 (Pages 85, 303-304)

https://www.legislation.gov.au/Details/C2021C00139

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