We present the following information to bring better understanding of the very nature and purpose of the Public Health and Wellbeing Act 2008, specifically PART 8--MANAGEMENT AND CONTROL OF INFECTIOUS DISEASES, MICRO‑ORGANISMS AND MEDICAL CONDITIONS, and PART 10--PROTECTION AND ENFORCEMENT PROVISIONS.
When a Bill is presented to Parliament in Victoria it must have an explanatory memorandum and a Human Rights Compatibility Statement. A statement of compatibility must describe the rights raised by the Bill, whether it is compatible with the Charter and any part of the Bill that may be incompatible. Having this requirement makes Ministers and members of Parliament: consider human rights when it is developing new laws.
In the attached document we have exerts from the Hansard Parliamentary debates of the Public Health and Wellbeing Act, specifically the Compatibility Statement, we have specifically focussed on PART 8 & 10 as referenced above. Part 8 is a source of power to impose testing and vaccination on individuals but only on the following belief found in section 113 ~
Chief Health Officer may make examination and testing order relating to infectious disease
(1) The Chief Health Officer may make an examination and testing order if the Chief Health Officer believes that—
(a) a person has an infectious disease or has been exposed to an infectious disease in circumstances where a person is likely to contract the disease; and
(b) if infected with that infectious disease, the person is likely to transmit that disease;
This can only be done according to the following principals..
PUBLIC HEALTH AND WELLBEING ACT 2008 - SECT 111
Principles
The following principles apply to the management and control of infectious diseases—
(a) the spread of an infectious disease should be prevented or minimised with the minimum restriction on the rights of any person;
(d) a person who is at risk of contracting, has or suspects he or she may have, an infectious disease is entitled—
(i) to receive information about the infectious disease and any appropriate available treatment;
(ii) to have access to any appropriate available treatment.
Below is the Explanatory Memorandum given to members of parliament prior to debates, Clause 198, 199 & 200 are all relevant but we focus on Clause 200 (The provision the CHO directions are created under) specifically which appears to only be a source of power to detain and restrict ones freedom of movement in respect of an emergency area.
If one compares this to the compatibility statement found below the memorandum statement below you can clearly see Part 10 only limits Freedom of Movement, whereas Part 8 clearly is a source of power not only limit Freedom of Movement but also reasonably impose on the right not be be subjected medical treatment without his or her full free and informed consent. This is because the individual has or has been exposed to the infectious disease or likely to contract it.
PUBLIC HEALTH AND WELLBEING BILL 2008
Public Health and Wellbeing Bill 2008
Introduction Print
EXPLANATORY MEMORANDUM
See Public Health and Wellbeing Bill - Statement of compatibility:
Which can be shared from the following link:
https://drive.google.com/file/d/1F8bZkQFz8LQ1Q7r9X5yxeszl7pH_tBk3/view?usp=sharing
Source: https://constitutionwatch.com.au/the-true-power-behind-victorian-state-of-emergency-directions/
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