Reply To: Health & Wellbeing Act 2008

Welcome Forums Fines Health & Wellbeing Act 2008 Reply To: Health & Wellbeing Act 2008

#6829
Jeff Davidson
Participant

In my opinion giving your name and address would not incriminate you UNLESS they were
seeking someone who had a licence, permit or directive issued under the act to that
name and address and that person was in breach of the associated requirements of that
licence, permit or directive.

Under Section 190 Public health risk powers 1 (e) they can require a person to provide
their name and address for the purpose of investigating, eliminating or reducing the
risk to public health.

I think the key to fighting fines for disobeying an instruction would be asking for
proof that a directive had been served on you.

Was a signed order handed to you? Mailed to your name and address?? Given orally to
you in person??

Have a look at Section 221 Service of notices, orders and other documents:

(1) Any notice, order or other document under this Act or the regulations required
or authorised to be given or served to or upon any person may be served by—

(a) giving it or serving it personally on the person; or

(b) sending it by post or electronic communication to the person at that person’s usual or last known place of residence or business; or

(c) leaving it at that person’s usual or last known place of residence with a person on the premises who is apparently at least 16 years old; or

(d) leaving it at that person’s usual or last known place of business with a person who is apparently employed at the premises and who is apparently at least 16 years old.

Seems to me that most fines are issued for not complying with Health Officer stay at home
directions that they published on the DHHS website and in the Govt Gazette, but look what the
act says in subsection 4 must be done if the name and address of the persons are unknown

(4) If a notice, order or other document is required to be given to or served on a person whose name and address are unknown, the notice, order or other document may be served by publishing the notice, order or other document in—
(a) the Government Gazette; and
(b) a newspaper generally circulating in Victoria 3 times at intervals of not less than one week between any 2 publications

Has anyone seen an advertisement in the paper giving a formal signed notice under the act?

In my opinion speeches by the Premier, Minister or a health officer on TV or reported in the
newspapers or an advertisement summarizing what they want you to do are NOT legal service of such a notice!