Is the 25km rule in Victoria a valid statutory provision?

The Attorney General of Victoria stated the Human Rights and Responsibilities act is in full force throughout the pandemic, section 12 states the following ~

 

 

CHARTER OF HUMAN RIGHTS AND RESPONSIBILITIES ACT 2006 – SECT 12

Freedom of movement
Every person lawfully within Victoria has the right to move freely within Victoria and to enter and leave it

 

 

Then section 38 goes on to say ~

CHARTER OF HUMAN RIGHTS AND RESPONSIBILITIES ACT 2006 – SECT 38

Conduct of public authorities
(1) Subject to this section, it is unlawful for a public authority to act in a way that is incompatible with a human right or, in making a decision, to fail to give proper consideration to a relevant human right.

(2) Subsection (1) does not apply if, as a result of a statutory provision or a provision made by or under an Act of the Commonwealth or otherwise under law, the public authority could not reasonably have acted differently or made a different decision.

 

 

Now to condense it and deliver it to your adversary ~

Is it not so section 12 of the human rights act provides me freedom of movement? And does s38 of the Act state you have an obligation not to make a decision incompatible with that Right considering it can only be done in relation to a statutory provision…

Then ask them for the statutory provision that lawfully revokes the Right…

 

 

There isn’t one…

The directions are not statutory provisions, they dont even qualify as a subordinate instrument.

Please seek any legal advise from a Legal practitioner, (But dont forget to see your Bank Manager first;)…

 

For your information, I used the above information to leave the state of Victoria without an Exit Permit.


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