It is why people who post about or film protests in non-compliance with said Public Health Orders would never be found to be inciting the commission of an offence by any reasonable court of law…
This is the downside of parliamentary supremacy. The elected parliament can overrule the unelected court which in general is considered a good thing in a democracy… except for when the elected parliament pass laws that exclude the operation of long standing common law rights.
That is why politics in our system is so important, and was always intended to be. If we want our freedoms it is up to the polis to go get them back through petitions and votes.
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We absolutely should be keeping lists of all these laws that have come home to roost the last two years.
All the Public Health Act that take away freedom and don't even grant basic legal protections like rights against false-imprisonment and self-incrimination should be subject to repeal, or at least amendment.
The offence of incitement in Victoria that has seen pregnant women and documentary-makers handcuffed and led off by the police needs to go - or at least limited so that the penalty for incitement is not greater than the breach of law that one is accused of inciting - that is insane!
We should be telling our local Federal MP that there is no way we will vote for them if you pass the latest amendment to the Biosecurity Act (which is currently being debated in the Commonwealth Parliament) to grant additional quarantine powers - something they absolutely do not need more of and at any rate comes just at the moment NSW announces that it will stop quarantine.
Those who want their freedoms returned ASAP need to put pressure on the politicians because just as the flick of a pen (or rather printed pages of legislation) can take away our freedoms they can be returned in the same manner.
The law needs to change and the courts can't do that, only people can demand that that happen, and really it is the only way a democracy can function.
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