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Legal concerns about the emergency powers exercised under COVID-19

By Andrea Tokaji - posted Wednesday, 11 August 2021


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'

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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.

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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.

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About the Author

Andrea Tokaji is a lecturer in Business and Law at Sheridan, Perth, and is a trained international human rights lawyer.

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