Section 198 prescribes that it is the Health Minister, under advice of the Chief Health Officer (CHO), declares a State of Emergency. Section 199 says the "Chief Health Officer may authorise exercise of certain powers", as described in Section 190 "Public health risk powers".
This was confirmed in response to a Freedom of Information request:
If we read the Public health risk powers carefully, we spot that the powers apply to "person" which is defined in the Act as:
"person" includes a body or association (corporate or unincorporate) and a partnership and, in Division 2 of Part 7, also includes a firm;
Hmm, interesting - these are all legal entities, not human beings. Could it be that the Chief Health Officer's extent of powers do not, in fact, extend to men and women?
The Constitution of the Commonwealth of Australia Act is the highest law of the land here in Australia, and all State laws, rules, regulations and directives must be congruent with the Constitution, otherwise they are void. The Constitution is clear that the men and women of the Commonwealth are "Subjects of the Queen" - section 117:
117. Rights of residents in StatesA subject of the Queen, resident in any State, shall not be subject in any other State to any disability or discriminationwhich would not be equally applicable to him if he were a subject of the Queen resident in such other State.
Here we see the Hierarchy of Laws that "Sovereign" men and women are above "Corporation" (e.g. State of Victoria, ABN 57 505 521 939) and any officer thereof.
So does the Chief Health Officer of the corporation State of Victoria have any jurisdiction over a Subject of the Queen, to which the Queen has sworn to protect and that the Constitution empowers? Let's ask the question, shall we.
FOI request:
FOI response:
Well what do you know! "On the basis of your request, it has been determined that no documents can be located."
So, to the State of Victoria Corporation, and all it's officers, I say this - as a Subject of the Queen, I decline your offer to comply to your COVID restrictions and requirements. Furthermore I declare that I do not consent to comply with any directives or orders. Any compliance with such directives or orders will be under threat, duress and coercion. All rights reserved.
Personal responsibility and community
These are challenging times for everyone and we need to be looking out for the best interests of everyone in the community. Just because we don't need government overlords imposing their will onto us, we still need to be respectful of the needs of others.
Wash your hands. Be respectful of the personal space of others. If you're feeling unwell then stay at home. Don't cough on others. Treat others as you'd want to be treated yourself.
But also recognise the humanity in us all. Take care of yourself and each other. Recognise the stresses and anxieties that your actions may create in others. Show love and respect, not fear, anger and distrust.
Make a badge
To make it clear to those around me, I'll be wearing this badge whenever I'm out and about, just so everyone is clear that I, as a Subject of the Queen, am not bound by these rules.
