Know Your Rights
Wearing Masks
People who have a medical condition DO NOT have to wear masks.
You DO NOT need a medical certificate stating you do not need to wear a mask.
Employees who are medically exempt cannot be forced to wear a mask.
Business owners are not responsible for people who cannot wear masks.
Medically exempt conditions include Asthma, Emphysema, Epilepsy, ADHD, PTSD, Anxiety, Panic Disorders, Vertigo, Hearing Problems, Breathing Difficulties, Allergies, as such many more.
No one is required to tell you, or disclose their personal medical information to anyone.
PRIVACY ACT 1988 http://www5.austlii.edu.au/au/legis/cth/consol_act/pa1988108/
The Disability Discrimination Act 1992 - https://www.legislation.gov.au/Details/C2018C00125
Signs saying ‘No Mask No Entry Are in breach of section 6 & 24 of the Commonwealth Discrimination Act 1992 (and other laws) and should either be removed from premises or state ‘EXCEPT THOSE WITH LAWFUL MEDICAL CONDITIONS’ or a similar disclaimer.
DISABILITY DISCRIMINATION ACT 1992 - SECT 6 http://www5.austlii.edu.au/au/legis/cth/consol_act/dda1992264/s6.html
DISABILITY DISCRIMINATION ACT 1992 - SECT 24
http://www5.austlii.edu.au/au/legis/cth/consol_act/dda1992264/s24.html
Harassment, intimidation, coercion, deceit, aggressiveness or bullying are NOT lawful means of imposing your personal beliefs or opinions about masks on upon others.
Many people medically exempt from wearing masks including the majority of senior citizens, even though they may not be currently aware of their exemption.
https://www.nsw.gov.au/covid-19/face-masks
Who should not wear a mask
Masks should not be worn by:
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toddlers under 2 years of age and babies, as they are a choking and suffocation
risk
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children under 12 years of age, as they do not need to wear a mask and may not
be able to handle it safely
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anyone who has trouble breathing wearing a mask
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anyone who is unable to remove the mask themselves without assistance
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people assisting people who are deaf or hard of hearing (and their contacts), as
for some people with hearing disabilities seeing the mouth is essential for communication.
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Some people in the community may also have issues with wearing masks due to other health conditions. Be respectful to others as reasons for not wearing a mask are not always obvious.
https://www.nsw.gov.au/covid-19/what-you-can-and-cant-do-under-rules/greater-sydney
Exemptions from wearing a mask
The public health order includes a number of excuses for not wearing or removing a mask under certain circumstances.
You are not required to wear a mask if you
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are a child aged 12 or under
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have a physical or mental health illness or condition, or disability, that makes
wearing a mask unsuitable (for example, a skin condition, an intellectual disability, autism or trauma).
You may remove your mask when you are
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eating or drinking
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communicating with another person who is deaf or hard of hearing
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at work and the nature of your work
-makes wearing a face mask a risk to your or another person’s health and safety
-means clear enunciation or visibility of your mouth is essential
• asked to remove your mask for identity purposes.
You may also remove your mask for the proper provision of goods or services, for example, if you are having a facial or beard trim.
Note: if you are not wearing a mask and are approached by authorities you ARE required to show your identification to them if requested, but you are NOT required to provide a medical certificate or any other details pertaining to your condition.
Employers Requesting Vaccination
It is ILLEGAL for any employer to pressure or coerce you into taking a vaccine or any medical treatment.
If you are being pressured you can download this declination of the Vaccine Letter Template. or we urge you to seek legal advice.
Covid Safe App & "Checking In"
Section 94H amendment of the Privacy Act 1988, clearly states you have the right to refuse to use the Covid Safe App.
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.
Penalty: Imprisonment for 5 years or 300 penalty units, or both.
(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:
(g) has not downloaded COVIDSafe to a communication device; or
(h) does not have COVIDSafe in operation on a communication device; or
(i) has not consented 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.
The Government are imposing businesses to enforce that people cannot enter their premises without logging in with the CoVID app through their Smartphone. That is an encroachment of Political Liberties according to the Australian Constitution.
Number one, it’s forcing you to carry a mobile phone, which is not Law.
Secondly, it’s asking the business to impose it on the customer, so it’s an over extension of the Government’s Laws. (see video below for more information)
Note: Increasingly, the law doesn't appear to be a barrier to politicians as they are bypassing the correct process using COVID as the excuse, but it IS still the law and if challenged in court...
Mandatory Vaccination is NOT legal in Australia
Read article and transcript: