Legal concerns about the emergency powers exercised under COVID-19

As a refugee child from a Communist Dictatorship Regime, a lawyer, law lecturer, human rights advocate and lobbyist, I've had some legal concerns in relation to the current lock-downs.

I would like you to consider the following legal questions and use them as a point of research and information you can use in your own conversations, lobbying endeavours and human rights advocacy in your own communities.

Here are some of my human rights legal concerns:

1. Our Constitutional Democratic Rights

Given my rights as a Citizen of Australia, a constitutional democracy, our parliamentarian's job is to represent my views in parliament according to jurisdictional delegation of section 51 to section 60 of the Australian Constitution. This means that I have the right to consider any and all legislation before Parliament and give them my opinion on these laws.

I have concerns about how the Emergency Powers are being used here in WA.

2.Constitutional Right to Free Trade and Commerce

Section 92 of the Constitution is clear: trade, commerce and intercourse between the States shall not be restricted - on any grounds. Equal consideration needs to be given to Section 104 of the Australian Constitution here. Restricting trade and commerce between the states within Australia is a violation of our right to freedom of movement within the ICCPR and as per the international legal principle of state sovereignty. For far too long now, small and family businesses have been economically affected by lock-downs.

Of course, if the High Court would have been willing to hear his matter, we may now have a case law precedent on the matter.

Section 122 of the Australian Constitutiondisallows a conflict between State laws and Federal laws. Therefore, Federal law takes precedent over state-based laws.

What will you do to ensure these lock-downs no longer occur in violation of our Constitution, and no longer cripple our small and family businesses?

3. The Biosecurity Act

Section 60 and 61 of the Biosecurity Act 2015states that "authorised officers" cannot detain or force persons to undertake COVID testing or be forced to be vaccinated, or be quarantined or enforced to socially distance or wear a mask unless and until the person receives a Biosecurity Order by the Court on the grounds of infection or a known tested infectious disease; evidenced scientifically and medically.

Has anyone you know been issued a Court Order to do so? If not, how can it be 'mandated'?

4. The Use of 'Mandatory'

Furthermore, the COVID App and the 'mandatory' use of force of the app within our communities as we go about our every-day lives is in direct breach of section 94H the Privacy Act 1988.

There are no laws 'mandating' the use of the COVID app. The 'mandate' to use the COVID app is not legal, but a mere policy measure, a suggestion of use, and is entered into voluntarily by its users. Legal academics have made it clear thatthe use of contact tracing surveillance on citizens en masseis illegal and in violation of our international human rights.

In fact, businesses cannot refuse customers on their refusal to use the COVID app based on the legal principles of discrimination, clearly laid out in ouranti discrimination laws federally.

The 'COVID safe App' has also been reported to have been used by Police officers for criminal investigative purposes in violation of s94F of the Privacy Act 1988.

5. The Extension of the Emergency Powers

The State Governments, including their Premiers or Chief Ministers, the Chief Health Medical Officers and the Ministers for Emergency Services in each state and territory in Australia have not provided conclusive, transparent legitimate(backed up by scientific evidence) and legally justifiable evidence to satisfy the legal provisions of section 52 of the Emergency Management Act 2005 (WA) , which deals with the extension of the state-based Emergency powers every 14 days since March 2020 up until now.

This section of the Emergency Act deals with the "Extension of Emergency Situation Declaration"when an "emergency" is defined in the legislation as: "the occurrence or imminent occurrence of a hazard which is of such a nature or magnitude that it requires a significant and coordinated response".

Emergency Services Ministers in each State overseeing this portfolio should be providing the adequate scientific, medical and legal evidence to satisfy the extension of these powers every 14 days.

These provisions exist in the Act to ensure that the restrictions are for a proper purpose, that they are proportionate to the imminent threat, and that they are for a restricted timeframe, based on the evidence required to be provided. They are there to basically protect us from tyrannical rule.

These legal measures are also there to ensure that there is not an over-reach of state powers.

I will be asking my elected representatives: could you please provide the scientific, medical and legal evidence that our State has had "the occurrence or imminent occurrence of a hazard which is of such a nature or magnitude that it requires a significant and coordinated response"?

Indeed, this is their duty and responsibility in their role as the Emergency Services Minister, as they have signed off on the extension of these extra-ordinary powers.

6. Given that the Therapeutic Goods Administration states one death of COVID in the last 6 months, true recorded cases of COVID do not seem to be severe enough to justify a State of Emergency.

On the other hand, in the week of 28 June - 4 July 2021,1,646 adverse health reactions from the COVID vaccineswere received by the TGA, with a total of 36,387reported adverse health reactions from the COVID vaccine to date.

The current health-threat of the COVID vaccines far-outweighs the current threat of COVID.

COVID vaccinations of any kind cannot be legally mandated to any group or cohort in Australia, as it will be found unconstitutional.

Section 51 (xxiiiA) of the AustralianConstitutionclearly states that no form of civil conscription can be made in relation to medical services:"the provision of maternity allowances, widows' pensions, child endowment, unemployment, pharmaceutical, sickness and hospital benefits, medical and dental services (but not so as to authorise any form of civil conscription), benefits to students and family allowances"

Mandated vaccines are therefore unconstitutional and in violation of the highest law in the land.

The directives given by State Premieres, Chief Health Medical Officers and the extension to emergency powers by Emergency Services Ministers may therefore be in violation of legal and parliamentary principles such as due process, transparency, representative government and the inalienable rights and freedoms of citizens, as recognised by international law, such as the International Covenant on Civil and Political Rights.

Lock downs, mandatory mask-wearing, COVID app compliance directions which we are receiving from our Premiers are in fact in direct contravention of the Commonwealth Biosecurity Act of 2015 and unjustifiable without proper evidence under the Emergency Act 2005 (WA).

This over-reach of state-based powers over constituents is a violation of our rights to freedom of movement, freedom of association, freedom of speech and religion under the International Covenant on Civil and Political Rights, which have all been compromised during these restrictions.

As State-based emergency powers in each State and Territory have been extended without proper evidence, without due process or transparency in Parliament as well as a lack of accountability before its constituents, state governments and their premiers, and chief ministers in ACT and NT, do not have the authority to act under such powers legally, especially in consideration of section 107 of the Australian Constitution.

We must not allow our fears of COVID to totally undermine our inalienable God-given freedoms and rights, toviolate the principles of rule of law, and to abolish parliamentary due process and other legal principles that ensures the separation of powers, and a balance of those same powers.

My elected representative is there to provide the scientific, medical and legal evidence that the Emergency Powers requires from which they are operating currently, to show legitimacy and legality through proper process as per section 52 of the Emergency Management Act 2005 (WA) .

I, for one, would like to see this medical, scientific and legal evidence clearly laid out to us as a matter of urgency and in the national interest of our economy, sovereignty and our future as a nation.

On a side note, understanding how Communism operates form a first-hand experience, I think Australia also needs to be vigilant of the true stealth enemy that seeks to divide Australians, to destroy our economy and instil fear into its citizens.

We know for a fact that the World Health Organisation (WHO) and China have acted deceitfully thus far. WHO has not accurately represented the threat of COVID in a timely manner, and they have been accused of acting as China's accomplicein initially suppressing information about the coronavirus. Beijing hid information about the virus's origins, infectiousness, spread, and deadliness for more than a month when it was first released in December 2019.

Parliaments here in Australia have withheld crucial information from their people and engaged in the equivalent therefore of espionage and treason, while the CCP seeks to infiltrate our economy, freedoms and way of life. As a refugee child from a Communist country - I cannot stand idly by and allow this to occur to my country - which I love so dearly.

Make no mistake: Australia is in the middle of a Biochemical Warfare with China, and we have fallen asleep at the wheel.

It is up to us to protect and preserve our God-given inalienable freedoms and rights - will you stand with me on the right side of history, and against tyranny and oppression?