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#4994
Shane
Participant

Hi There Boon – This is from the WIGS:

PUBLIC HEALTH ACT 2010 – SECT 112
Power of authorised officers to direct name and address to be provided
112 Power of authorised officers to direct name and address to be provided
(1) An authorised officer may direct a person whom the authorised officer suspects to have contravened or to be contravening any provision of this Act or the regulations, or who is apparently in charge of premises where such a contravention is occurring or evidently has occurred, to state his or her full name and residential address and (if the person is not the occupier of the premises) the name of the occupier of the premises.(2) In this section,
“authorised officer” includes a police officer.(3) Subsection (2) and this subsection are repealed on the day that is 12 months after the commencement of subsection (2).

Do I have to answer police questions about why I am outside my home?
NO. A person is not legally required to answer any question other than to provide their name and address in the circumstances discussed above.
This has been pointed out as the most obvious flaw in the drafting of the Order. That is because, unless the legislation particularly indicates, at all times it is for the police to prove that a person is guilty and not a for a person to prove they are innocent.

Can the police issue me with a move on direction just because they want to?
The answer is NO, they cannot.
In New South Wales, if a person is not intoxicated, the police can only issue a “move on direction” in 5 circumstances as set out in Section 197 of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW). Those circumstance are if a person’s conduct:
(a) is obstructing another person or persons or traffic, or
(b) constitutes harassment or intimidation of another person or persons, or
(c) is causing or likely to cause fear to another person or persons, so long as the relevant conduct would be such as to cause fear to a person of reasonable firmness, or
(d) is for the purpose of unlawfully supplying, or intending to unlawfully supply, or soliciting another person or persons to unlawfully supply, any prohibited drug, or
(e) is for the purpose of obtaining, procuring or purchasing any prohibited drug that it would be unlawful for the person to possess.
If none of those circumstances apply, a person cannot be given a “move on direction”. However, if a person is in breach of the Order and the person refuses to stop breaching the Order, they can be arrested. We discuss this in more detail below.

Who does the “1.5-meter rule” apply to during the coronavirus lockdown?

There is no general 1.5-meter rule in the coronavirus lockdown Order.

This is only a government recommendation at this stage.

The restriction in Clause 8 of the Order requires that the size of the premises must be sufficient to ensure that there is 4 square metres of space for each person on the premises. It doesn’t mean that each person needs to stand that far from each other if they did not want to.