Victorian law makes anti-maskers’ threats to sue laughable
As their bizarre rants and empty legal threats to shop assistants and social media followers grow louder, coronavirus conspiracy theorists have been warned: the law of the land is not on your side. Here’s why.
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Anti-maskers and coronavirus conspiracy theorists be warned — the law is not on your side.
On Monday, Victoria’s peak human rights body rejected growing conspiracy theorists’ online rants to reject COVID-19 restrictions, declaring the government’s actions are lawful.
The Victorian Equal Opportunity and Human Rights Commission has also backed the State Government on compulsory mask wearing.
“The requirement for residents to wear a face mask or covering when leaving the house is a lawful directive that does not violate any rights set out under Victoria’s Charter of Human Rights and Responsibilities or any international human rights instruments,’’ a statement said.
The body further states that the Victorian Charter requires public authorities – such as Victoria Police or the Department for Health and Human Services – to take proactive steps to safeguard rights, which includes the right to health.
Exceptions to wearing a mask include medical reasons, communicating with someone who is hearing-impaired, or exercising.
Eve Black, also known as Eve Limberiou, became the poster girl for recalcitrant Australians after she recorded herself passing though a Melbourne checkpoint – sans mask – where she refused to answer police questions.
Victoria Police are investigating the incident and could fine Ms Black $1600 for the breach.
She has shared a Supreme Court judgment to bolster her position that she was within her rights to refuse to co-operate, or speak with, police.
But top barrister Paul Holdenson QC said police are mandated to sanction those refusing to wear a mask or roaming without a valid reason.
“If people wish to adopt a carefree attitude as to where they go and whether or not they wear a mask, then they are exposing themselves to arrest,” he said.
“If they wish to exercise their common law right to refuse to speak to a police officer when approached, they do so at their own peril.”
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