Presumption under the Biosecurity Act 2015 is that you are healthy until you are proven sick.
- Scientifically you need to identify the risk and only when you are a risk then measures can be taken.
- I have not been proven or determined to be a risk under the Biosecurity Act 2015
- Action can only be taken by an authorised officer.
- Am I a risk, has a medical practitioner assessed my infectious risk status? Have you issued me a biosecurity control order specifying the reasons for this action? (Otherwise its just a recommendatrion)
- You can only recommend it and cannot require me to comply.
- Has my employer been authorised? If not, you don’t have the right t make that as policy
- Policy has to be lawful and based on the law.
- It is scientifically proven that the PCR tests are NOT confirmation of a diagnosis.
- No person other than a biosecurity officer under the authority of a biosecurity control order can force you to submit to biosecurity measures, such as: Forced Vaccination, Coerced or forced PCR tests, Quarantine, including social distancing, mask wearing.
There are strict conditons under which a biosecurity control order may be issued. including:
- The grounds under which it can be issued and by whom.
- The listed human disease.
- The symptoms (you must be symptomatic).
- The history of your contact with the infected people etc.
- All enforcements have rights of review.
Each of the following human diseases is a listed human disease:
(a) human influenza with pandemic potential;
(b) Middle East respiratory syndrome;
(d) severe acute respiratory syndrome (SARS);
(f) viral haemorrhagic fevers;
(g) yellow fever;
(h) human coronavirus with pandemic potential.
Requiring the use of COVIDSafe
(1) A person commits an offence if the person requires another person to:
(2) A person commits an offence if the person:
(a) refuses to enter into, or continue, a contract or arrangement with another person (including a contract of employment); or
(b) takes adverse action (within the meaning of the Fair Work Act 2009 ) against another person; or
(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
(d) refuses to allow another person to participate in an activity; or
(e) refuses to receive goods or services from another person, or insists on providing less monetary consideration for the goods or services; or
(f) refuses to provide goods or services to another person, or insists on receiving more monetary consideration for the goods or services;
on the ground that, or on grounds that include the ground that, the other person:
(3) To avoid doubt:
(a) subsection (2) is a workplace law for the purposes of the Fair Work Act 2009 ; and
(b) the benefit that the other person derives because of an obligation of the person under subsection (2) is a workplace right within the meaning of Part 3-1 of that Act.
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. 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.
Division 2—Imposing human biosecurity control orders on individuals
Subdivision A—Imposing, varying and revoking human biosecurity control orders
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.
(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).
- No one can ask you to provide medical information. For example, an employer, or anyone asking if you are vaccinated. They are not allowed to know anything about your personal health status.
- No onecan track your movements, for example signing into a cafe or restaurant, shop etc. Being required to have a tracking app.
- You cannot be refused entry to a business open to the public.