Scripts

This page provides specific scripts for a range of situations, so that you can have confidence in what to say. The legal basis is also explained along with key documents to have with you.

Important points to remember are that `mandatory' does not mean `lawful' and that federal legislation always overrides state legislation. Specifically, section 109 of the Australian constitution provides that: When a law of a state is inconsistent with a law of the Commonwealth, the latter shall prevail, and the former shall, to the extent of the inconsistency, be invalid.

QR Codes
Simply walk past QR code registrations if you wish, as you are not legally required to fill them in.

However, if you are questioned the situation can escalate, and so you need to know what to say at each stage, while remaining polite and cooperative at all times.

Level 1: Specifically asked by a Covid marshal to check-in
A: No thank you, I don't have to.

Level 2: Insistence that its mandatory,
A: Mandatory does not mean its law. Federal law states that you need my consent for you to track and trace me, and I do not give my consent. This is detailed in the Surveillance Devices Act 2016. The Act reads: "use or maintain a data surveillance device to access, track, monitor ... without the express or implied consent of the owner."

Level 3: Refusal of entry
If the Covid marshal states that its the company policy/the law, so that entry will not be allowed unless the QR code is completed.

A: According to the federal Privacy Act 1988, as amended 2020, Section 94H, you cannot refuse me entry into a public place, or you can be fined 300 penalty points or face 5 years jail. The legislation 94H, part 2(c) reads: "refuses to allow another person to enter: (i)  premises that are otherwise accessible to the public;...".

Please have with you printouts of the legislation, see links below.

Masks in Shops
Q: Where is your mask?

A: I have an exemption.

Q: What is your exemption?

A: You cannot lawfully ask me that under the federal Privacy Act 1988 and the Disability Discrimination Act 1992 (It is unlawful to discriminate against people because of their disability, print out a copy below and have it with you).

Police asking about your mask
Q: Where is your mask?

A: I have an exemption.

Q: What is your exemption?

A: I have ....... (you an use the following list of lawful reasons to not wear a mask: 1. List of exemptions for wearing a mask on medical conditions and a 2. list of exemptions from wearing a face covering in specific situations)

Q: Can I see your exemption.

Ans 1: I do not carry it with me. (Not a legal requirement to carry it)

Ans 2: Am I obliged to show you that?

NO: Say goodbye

YES: Quote the Privacy Act 1988 and the Disability Discrimination Act 1992.

Masks at airports
This is the same as for Police asking you to wear a Mask, however airport security may nevertheless insist on citing your exemption to permit entry. In this case, it may be preferable to simply show some sort of exemption from your doctor.

Roadside stop
Q: What is your name/ can I see your drivers license?

A: Has a crime been committed, am I being detained or am I under arrest? Has the peace been disturbed?

Should say `No'....A: Ok, then I am free to go.

Documents to print and carry with you
Please carry either set of legislation with you:

1.File:AlishasArmaments.pdf Kathleen legal portfolio

2. : Shelley's legal portfolio

This one page precis of the key Privacy, Disability, Bio Security and Surveillance Acts can be helpful:

The key section 94H, Federal Privacy Act, Amendment 2020