Reply To: Mandatory wearing of masks

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#7185
Jeff Davidson
Participant

Under the Public Health and Wellbeing Act 2008, Section 190 (1) (e) an Authorised Officer can “require a person to provide their name and address for the purpose of investigating, eliminating or reducing the risk to public health;”

Police/PSOs are not authorised officers under the act because section 30 says|

” (1) The Secretary by instrument may appoint a person employed under Part 3 of the Public Administration Act 2004 to be an authorised officer for the purposes of this Act.
(2) The Secretary must not appoint a person to be an authorised officer under this section unless the Secretary is satisfied that the person is suitably qualified or trained to be an authorised officer for the purposes of this Act. ”

BUT police /psos are NOT employed under Part 3 of the Public Administration Act 2004 so they don’t qualify! They can assist an authorised officer but he would have to be the one asking you for your details.

Many Police/PSOs will claim to be authorised officers but that is an offence under section 184 which says
“A person who is not an authorised officer must not, in any way, hold himself or herself out to be an authorised officer. Penalty: 60 penalty units.”

You should inform any other officer present to arrest the fake authorised officer and if he refuses to do so then do a citizens arrest on both of them and ask for a peace officer to attend.

What better informed Police rely on to obtain your details is Section 458 Section 1 of the Crimes Act 1958 which says

“Any person, whether a police officer or not, may at any time without warrant apprehend and take before a bail justice or the Magistrates’ Court to be dealt with according to law or deliver to a police officer to be so taken, any person—
(a) he finds committing any offence (whether an indictable offence or an offence punishable on summary conviction
where he believes on reasonable grounds that the apprehension of the person is necessary for any one or more of the following reasons, namely—

(iii) to prevent the continuation or repetition of the offence or the commission of a further offence; or
(iv) for the safety or welfare of members of the public or of the offender;

Now police can demand name and address of a person under arrest but what offence have you been arrested for?

Yes, it is an offence to breach a health directive issued by an authorised officer, but what evidence do they have that you were served with a directive?
Who issued it to you,? Was it sent to your name and address at home or work?
Was is given to you orally in person?

If given to “person or persons whose name and address are unknown, was proper due process followed?

Section 221 (4) of the Public Health and Welfare Act says:

“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.”

Was an official signed directive published in full in the papers in either Public Notices or as a paid advertisement?

I have not yet seen one, has anyone?

Also, it would be a good idea to ask whose name and address are they asking for?
The living, breathing man, a subject of the Queen or the legal fiction a citizen of Australia?

Seems to me there is plenty of scope here to challenge in court any infrngement they issue!