Reply To: Breaching Covid restrictions

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Jeff Davidson

Do the 3 step letter process by modifying the appropriate section of ‘general notice of objection letter’ like this:

I request that you, ———, now provide certified PROOF that I am guilty of some offence – by way of a sworn affidavit and supporting documentation that substantiates your claim that (whatever act they charged you under) is lawfully part of a current, legal and valid law/Act in the State of Victoria. I will require certification that this law has in fact been legally enacted by the Parliament of Victoria in the Queen’s name, as it is required to be subject to the Commonwealth of Australia Constitution Act 1900(UK) which was approved again as a result of the 1999 Referendum.

If the 2 step process does not work, elect to take it to court. The case will probably never be heard but if it is ask the prosecutions witness if they can prove to the court that you were served with a directive to (whatever they say you failed to comply with) and that the directive was given following proper due process as specified in the Public Health and Wellbeing Act 2008

i.e. must be given verbally in person by an authorised officer (police are not authorised officers) or sent in writing to your name and address or, if given to a person or persons whose name and address are not known then issued as per Section 221 (4) which 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.

Depending on the circumstances, one or more of these questions should be asked of the witness

When was I given the direction that I had to comply with?

Who gave me the direction?

I have never met that person, so how did I receive that direction?

IT was on TV, in the papers, etc.

Was I named in the direction?

Was a public notice published as required by Section 221 (4) ?

How did it apply to me then?

I never saw it, so how can I comply with a direction not given to me?