Australia – Face Mask Exemptions

Australia – Face Mask Exemptions

Face Masks are currently ‘mandatory’ in regions of Australia.   However, if you have a disability / medically exempt condition, then lawfully you do not need to wear a face mask AND you are not required to present evidence of your medical exemption.

Mask Exemption Badges
Please note I am not affiliated with this business in any way, just sharing link out of kindness
https://www.makebadges.com.au/covid-19-mask-exempt-badge-75mm-diameter/

 

 

 

Queensland

Qld Form – Updated 28 June 2021
Print on A4, fold in half to A5, then laminate double sided flyer

 

 

Qld Council for Civil Liberties

QCCL has always accepted that the public health emergency we face can justify restrictions on civil liberties. However, QCCL has always maintained that those restrictions need to respect basic rights and liberties. Therefore we have never accepted the proposition that the government should do whatever the Chief Health Officer says.

QCCL President Michael Cope said “When it comes to masks QCCL accepts the evidence that masks can, in appropriate circumstances, reduce the spread to the COVID19 virus and has no difficulty with governments urging the voluntary use of them. However, we oppose as a disproportionate restriction on civil liberties an order that mandates the wearing of masks at all times outside a person’s home.”

“It has been said that wearing a mask does not infringe any right and is no worse than mandatory seat belt laws. We don’t agree. Forcing someone to wear a seatbelt does not restrict any fundamental right or liberty. But wearing a mask interferes with the most basic human right, the right to communicate.”

That masks interfere with basic human communication is demonstrated eloquently by the fact that no one on TV wears a mask when they speak.  In addition to interfering with everyday communication, we must remember that one sixth of the population has hearing difficulties.

Whilst the mask mandate provides exemptions for communication with the deaf or hard of hearing, they are not very practical in everyday situations where the fact of hearing difficulty may not be known. This could be result in serious harm in an emergency. Nor do they address the general restriction on the capacity to communicate.

“It is said that these measures are justified by the precautionary principle. However, this principle does not sit well with individual liberty. It puts pressure on officials to take steps in the absence of clear evidence and gives permission for arbitrary decisions. Rather than balancing risk against liberty, the effect of this principle is that liberty is what you have left after all possible precautions have been taken. In effect it sets the value of liberty at naught before balancing commences.”

https://www.qccl.org.au/newsblog/statement-on-mask-mandates

 

 

Victoria

Thank you to Reignite Democracy Australia for the NSW & VIC Resources.

NSW

Thank you to Reignite Democracy Australia for the NSW & VIC Resources.

Update 22 July 2021:  New South Wales Health Minister Brad Hazzard says people who are unable to wear a mask due to medical or other reasons will soon be required to present evidence of their condition.   Mr Hazzard said he has “worked with Health” and instructed lawyers “to prepare an amendment to the orders”.  “If you don’t wear a mask for what you say is a medical reason, you will be required to have … a letter or other evidence from a registered medical practitioner explaining that that is actually a true situation,” he said.

I am unable at this point to determine the legality of the above statement, as Federal Laws (Privacy Act, Disability Act) override State Mandates.  When I know more, I will post an update here.

 

 

 

Biosecurity Act 2015

For the Government or a Business to mandate Masks, PCR tests or Vaccinations, they need to impose on you a Human Biosecurity Control Order (HBCO).  HBCO is also required to enforce lockdowns and isolations.

If anyone attempts to intimidate you to partake in the above actions, ask them for a Human Biosecurity Control Order . Without that, refuse to comply. If they do present one, at least you’re forcing them to take another step and if enough people ask for this, the administration of it might not be worth the hassle for them.

Biosecurity Act 2015
 https://www.legislation.gov.au/Details/C2020C00127

Biosecurity Act 2015 (Section 60 – Human Biosecurity Control Order)
http://classic.austlii.edu.au/au/legis/cth/consol_act/ba2015156/s60.html

Subsection (2)
A human biosecurity control order may be imposed on an individual only if the officer is satisfied that:
(a) the individual has one or more signs or symptoms of a listed human disease; or
(b) the individual has been exposed to:
        (i) a listed human disease; or
        (ii) another individual who has one or more signs or symptoms of a listed human disease; or
(c) the individual has failed to comply with an entry requirement in​ ​subsection​ 44(6)

 

Biosecurity Act 2015 (Section 88 – Masks)
http://classic.austlii.edu.au/au/legis/cth/consol_act/ba2015156/s88.html

An individual may be required by a human biosecurity control order to wear either or both specified clothing and equipment that is designed to prevent a disease from emerging, establishing itself or spreading.

 

Biosecurity Act 2015 (Section 90 – PCR Tests)
http://classic.austlii.edu.au/au/legis/cth/consol_act/ba2015156/s90.html

An individual may be required by a human biosecurity control order to undergo, at a specified medical facility, a specified kind of examination relating to determining the presence in the individual of:
(a) the listed human disease specified in the order; and
(b) any other listed human disease.

 

Biosecurity Act 2015 (Section 90 – Vaccinations)
http://classic.austlii.edu.au/au/legis/cth/consol_act/ba2015156/s92.html

An individual may be required by a human biosecurity control order to receive, at a specified medical facility: (a) a specified vaccination; or            
(b) a specified form of treatment;
in order to manage the listed human disease specified in the order, and any other listed human disease.

 

Thank you to Reignite Democracy Australia for the Biosecurity Act 2015 Resources.

Resources

Letter Templates to Download
If you need to download a Letter Template to give to your Employer, I highly recommend the Templates to download on the bottom of this page:
https://www.reignitedemocracyaustralia.com.au/legal-documents/

Legislation Links for your Reference
And here are links to relevant legislations for your reference.
Commonwealth Privacy Act 1968
Disability Discrimination Act 1992
Disability Discrimination Act 1992 – Section 6
Disability Discrimination Act 1992 – Section 24

Queensland – Qld.Gov.au
https://www.qld.gov.au/health/conditions/health-alerts/coronavirus-covid-19/protect-yourself-others/face-masks
(refer to ‘Questions about Facemasks’ dropdown menu at the bottom of the Qld Health page).

Victoria – dhhs.vic.gov.au
https://www.dhhs.vic.gov.au/face-masks-vic-covid-19

New South Wales – nsw.gov.au
https://www.nsw.gov.au/covid-19/face-masks

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