Fines

Many people in the community are at odds with the public health directions that mandate vaccination as a condition of movement and/or employment. So in true community spirit, we have come together as a collective to support those who have chosen to uphold human rights and long-standing discrimination and privacy laws, that contradict or are inconsistent with these public health orders.

We understand that the Queensland government has declared a State of Emergency for a novel coronavirus, placing restrictions upon its people in the name of public health.

We also understand that any directive issued must be lawful and reasonable, yet the Queensland government is making public health orders that direct business owners to potentially contravene long established laws that protect Australians from discrimination, bullying, harassment and breach of privacy, in order to comply with these new directives. 

Despite the fact that most Queenslanders don't want to segregate members of our community, even more concerning are the potential legal implications that breaking these established laws may have. The government has failed to clarify and protect these long established laws, leaving business business owners exposed to potential personal legal liability.

This has created significant fear and confusion in the community and many have put these critical questions to the government and are still waiting answers, or guidance. 

While these legal questions remain unanswered and business owners attempt to maintain their operations without discriminating, they are being threatened, fined and in some cases prohibited from operating. 

When State legislation is inconsistent with Federal, valid Federal laws override inconsistent State laws, to the extent of the inconsistency. So in the absence of clarity from the State government, many have chosen to observe the laws of the Commonwealth.

While these Directives are lawful, the Doctrine of Regularity states they are only valid until proven to be invalid by the Courts. To this end, we choose to stand with those in the community who have been fined by defending any fines and charges through the legal system. We believe firmly in the Doctrine of Legality, in the absence of any express intent from the Parliament the Courts should uphold long held Common Law rights when interpreting legislation. 

We have enlisted the assistance of excellent lawyers who are willing and able to take on these cases and State of Clarity is leading this campaign in three ways:-

  • guidance of having a COVID Safe plan,

  • providing administrative services to those fined by receiving detailed submissions to subsequently initiate contact with the appropriate legal counsel; and 

  • raising funds to cover legal fees.

If our government will not respond to clarify these reasonable questions, we have no choice but to put them to the Courts in what we believe should return us to a real State of Clarity.

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