There is no current legislation or law that a person must provide a medical certificate for their mask exemption. In fact, pursuant to the Australian Privacy Principles, it is unlawful for businesses to require the provision of more information than is reasonably necessary for them to perform their operations. The statement that a person is unable to wear a mask is sufficient information.
Research on Mask wearing and long term use is not complete yet, but we do know what breathing in your own CO2 does.
The right to not be discriminated against for any disability or medical issue rests with the Disability Discrimination Act 1992. Under this Act, discrimination is when someone is treated unfairly due to a protected attribute.
There is NOTHING in these directions from the Chief Medical Officer that says that businesses can or are advised to make signs that say NO MASK, NO ENTRY. In fact, they do say that when you make these signs you are actually guilty of DISCRIMINATION.
DISABILITY DISCRIMINATION ACT 1992 – SECT 6
Indirect disability discrimination
(a) the discriminator requires, or proposes to require, the aggrieved person to comply with a requirement or condition; and
(b) because of the disability, the aggrieved person does not or would not comply, or is not able or would not be able to comply, with the requirement or condition; and
(c) the requirement or condition has, or is likely to have, the effect of disadvantaging persons with the disability.
Disability Discrimination Act 1992 is a Commonwealth Law that is active all-around Australia, and all businesses are required to adhere to this law. This Law must be folded into any company OHS policies that may be apparent. Further – Company Policies need to be updated regularly to reflect the current and changing State masking Guidelines.
As this set of guidelines has been set down by the government, they are the ones that we are all expected to operate under. It would appear, from reading these guidelines, that your Australian Meat Emporium Mask Policy goes far beyond the guidelines as set down by the government and the CHO.
Using discriminating, bullying and threatening language and behaviours, or allowing others to do the same on your property, and failing to serve customers who are exercising their rights under Commonwealth Law to not wear a face covering, as described in the Guidelines and in the Disability Discrimination Act 1992, constitutes the act of Breaching Commonwealth Law, and can carry fines and penalties for both the individuals involved, and companies alike.
Cease and Desist
1) In order to avoid this matter going any further and the imposition of the prescribed penalties and fines applicable for breaching Commonwealth Legislation, and State Guidelines, we request you remove the discriminatory signage and that your staff and organisation please adhere to the law and cease and desist from any further discriminatory behaviour, statements, or application of policy that is inconsistent with Commonwealth Law.
2) Your customer and our client further requests…
The lanyards have the Federal Australian law on the back and an I am Exempt on the front.
Australia has federal legislation regarding Covid that overrides state legislation.
Section 109 of the Constitution of the Commonwealth of Australia – “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”
The federal Biosecurity Act 2015 was written for dealing with things like Covid.
Biosecurity Act – Section 3 – “This Act is about managing diseases and pests that may cause harm to human, animal or plant health or the environment.”
Before ANY restriction can be placed on you, you must be individually assessed and deemed a risk.
Biosecurity Act – Section 60 (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;”
If you are a risk, any and all restrictions/mandates will be in the form of a “control order”.
Biosecurity Act – Section 3 – “The main method of managing risks to human health is by imposing a human biosecurity control order on an individual who may have a listed human disease.”
Only a ‘biosecurity officer” can impose a control order on you.
Biosecurity Act – Section 60 (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.”
A control order may require you to wear a mask.
Biosecurity Act – Section 88 – “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.
You cannot be forced to wear a mask.
Biosecurity Act – Section 95 – “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”
Because state laws/directives regarding masks are general in nature and apply to everyone, they are inconsistent with the federal legislation, thus making them invalid. Full Biosecurity Act online: https://www.legislation.gov.au/Details/C2021C00265 – sections 3, 4, 8, 60, 61, 62, 63, 87, 88 & 95.
Unless you have been given a “control order” you do NOT have to wear a mask.