Lisa Alexander dan repost
Re: WA jab ‘mandate’
I’m an WA ex-commercial lawyer who’s very concerned about this ‘mandate’. The following is just my thoughts & not legal advice but I’ll try to help as much as I can.
Has anyone actually seen the Public Health Order (PHO) that this ‘mandate’ is based off? My family member works in management at a WA port and has not seen an actual PHO yet…. I can’t find one on the net either. If you get a letter from your employer stating you need to be vaccinated ask them for the PHO & legal framework that the mandate is made under.
Employers & employees need to ask-
Under what legal frame work has this ‘mandate’ been created? The Vic State government has been using Public Health Orders (PHO) created under the legal framework of s7 of the Public Health Act to ‘mandate’ vaccinations. I have seen the Vic PHOs but where is the current one for WA that mandates these vaccinations? Even if there is a PHO does exist these PHO are not permitted under the Commonwealth Biosecurity Act, which takes precedent over the State’s Public Health Acts. Don’t be fooled by the illusion of being legal.
Plus I heard McGowen say that Employers are responsible for collecting information about proof of vaccine - can’t do that under s16(b) of the privacy act
The state of emergency declaration in Vic will once & for all expire 21months after the declaration was formed. This is around the 15-17 December 2021 and after this date there’s no legal framework to keep making the orders & ‘mandates’ that they’re making. The vic public health act was amended last September to include the ‘max 21 month’ provision. I’m currently looking at the WA act to see if the same amendment was made to the act. If it was made then I’d be taking some sort of leave for all of December (maybe even sick leave and get a dr note saying that you’re stressed & anxious…because that’s probably the truth…)
and get legal advice & show them this information.
And don’t forget the Fair Work Commission decision that was recently handed down. There’s a lot of gold in there- mainly in the last 3rd of the decision from part 113 onwards.
I’m sure many have already seen this but Here’s a link to decision:
https://www.fwc.gov.au/documents/decisionssigned/html/2021fwcfb6015.htm?fbclid=IwAR3Rbn6ZuHKhmpj1iLL3vfU8vLQPkxFmz20WDrUwjpKI2Yj3HIV7wgl1Xxs
I’ll start contacting a few of my old legal contacts and see what we can do interns if a class action
I’m an WA ex-commercial lawyer who’s very concerned about this ‘mandate’. The following is just my thoughts & not legal advice but I’ll try to help as much as I can.
Has anyone actually seen the Public Health Order (PHO) that this ‘mandate’ is based off? My family member works in management at a WA port and has not seen an actual PHO yet…. I can’t find one on the net either. If you get a letter from your employer stating you need to be vaccinated ask them for the PHO & legal framework that the mandate is made under.
Employers & employees need to ask-
Under what legal frame work has this ‘mandate’ been created? The Vic State government has been using Public Health Orders (PHO) created under the legal framework of s7 of the Public Health Act to ‘mandate’ vaccinations. I have seen the Vic PHOs but where is the current one for WA that mandates these vaccinations? Even if there is a PHO does exist these PHO are not permitted under the Commonwealth Biosecurity Act, which takes precedent over the State’s Public Health Acts. Don’t be fooled by the illusion of being legal.
Plus I heard McGowen say that Employers are responsible for collecting information about proof of vaccine - can’t do that under s16(b) of the privacy act
The state of emergency declaration in Vic will once & for all expire 21months after the declaration was formed. This is around the 15-17 December 2021 and after this date there’s no legal framework to keep making the orders & ‘mandates’ that they’re making. The vic public health act was amended last September to include the ‘max 21 month’ provision. I’m currently looking at the WA act to see if the same amendment was made to the act. If it was made then I’d be taking some sort of leave for all of December (maybe even sick leave and get a dr note saying that you’re stressed & anxious…because that’s probably the truth…)
and get legal advice & show them this information.
And don’t forget the Fair Work Commission decision that was recently handed down. There’s a lot of gold in there- mainly in the last 3rd of the decision from part 113 onwards.
I’m sure many have already seen this but Here’s a link to decision:
https://www.fwc.gov.au/documents/decisionssigned/html/2021fwcfb6015.htm?fbclid=IwAR3Rbn6ZuHKhmpj1iLL3vfU8vLQPkxFmz20WDrUwjpKI2Yj3HIV7wgl1Xxs
I’ll start contacting a few of my old legal contacts and see what we can do interns if a class action