Your Rights Protected

In Australia, there are 3 levels of government that work together, they are federal parliament, state parliament and your local  councils. Federal Parliament makes laws for the whole of Australia.  Six state and two mainland territory parliaments make laws for their state or territory. Over 500 local councils make local laws (by-laws) for their region or district.

How are my rights protected under state laws and legislation?

 

The Australian Privacy Act 1988 Sect 94H

  • No one can ask you to provide medical information- for example, an employer or anyone asking if you have been vaccinated. They are not allowed to know anything about your personal health status.

  • No one can track your movements, for example, signing into a cafe, restaurant or pub. Being required to have a tracking app.

  • You cannot be refused entry to a business open to the public.

  • Breaches of this Act are punishable with 5 years imprisonment or a $63,000 fine (300 penalty units)

For more info on section 94H please click here

The Australian Privacy Act 1988 Section 16B

​Permitted health situations in relation to the collection, use or disclosure of health information. An employer, Organisation or person(s) can not ask you to disclose your health information unless:

  •  (a)  the information is necessary to provide a health service to the individual; 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 competent health or medical bodies that deal with obligations of professional confidentiality which bind the organisation.

  • For more information on section 16B please click here

The Australian Biosecurity Act 2015 Sec 60

No person other than a human 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 RT PCR tests.

  • Quarantine, including social distancing and mask-wearing.

For more information please click here

The Australian Biosecurity Act 2015 Sec 61

This section will tell you the very strict conditions under which a biosecurity control order may be issued including the following.

  • 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 infected people and more.

  • All enforcements have right of review

For more info on section 61 please click here

Public Health Act 2005 (QLD)

Sec 362B

Mask Exceptions

Paragraph 22 J

 A person who has a physical or mental health illness or condition, or disability, which makes wearing a face mask unsuitable; or

Examples – persons who have obstructed breathing, a serious skin condition on their face, an intellectual disability, a mental health illness, or who have experienced *trauma.

*What is trauma?

Trauma is the emotional, psychological and physiological residue leftover from heightened stress that accompanies experiences of threat, violence, and life-challenging events.

Traumatic experiences overwhelm your capacity to cope. That same capacity is influenced by hundreds of personal variables.

Queensland Goverment website

Who doesn't have to wear a facemask?

"anyone who has a medical condition or disability that may be made worse by wearing a mask, including problems with their breathing, a serious skin condition on their face, a mental health condition or experienced trauma."

"Anyone who has past experiences of trauma and is unable to wear a face mask due to psychological impacts."

Do I have to provide a medical certificate to prove I can't wear a mask due to my medical condition?

You do not need a medical certificate to prove you have a lawful reason for not wearing a face mask. ( click here for a full list of lawful reasons including the two above)

Please note; If a service provider, school or employer requires you to wear a mask when an exception applies, this may amount to unlawful discrimination.

Please click here for more about COVID-19 and your human rights.