"Don’t want to take a COVID test, wear a mask or get vaccinated? It’s pretty
easy to find advice telling you you’re legally entitled to say no.
Unfortunately, this advice is very bad.
The COVID-conspiracy ginger group Reignite Democracy Australia, for example,
claims to have “been working with lawyers” to provide template letters “you can
use in situations where your personal rights are being encroached on”.
These letters state it is illegal for an employer or business to ask you to get
tested, wear a mask or show proof of vaccination under the Australian
Constitution and the Commonwealth Biosecurity Act 2015.
They suggest you cite Section 60, Subsection (2) of the Act and demand your
employer provide a “human biosecurity control order”. They even suggest
threatening legal action using the following words:
If you take any action to terminate or otherwise restrict my employment, you
will be in breach of my employment contract and I reserve my rights to take
legal action against you for your unlawful termination.
Similar advice is being spread on Facebook, Telegram and other social media
channels. Other grounds cited for an employee or customer refusing to comply
with COVID-related rules include the Federal Privacy Act 1988, human rights
charters, anti-discrimination acts, the Nuremberg Code, statements by
Australia’s Fair Work Ombudsman, and even “common law”.
All these arguments are flawed. They are what is known as “pseudolaw” – a
mixture of real and fantasy legal ideas. Relying on them is most likely to make
a situation worse. They might be enough to overwhelm or confuse a shop
assistant, but they won’t stand up in court.
The consequences may include losing your job, putting yourself in a position
where you may be arrested, spending money on fruitless legal cases, and
incurring thousands of dollars in fines."
Via Cass M, who wrote "Really good article on how a little information can be
twisted into social disruption."
*** Xanni ***
Chief Scientist, Xanadu
Partner, Glass Wings
Manager, Serious Cybernetics