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  • Subject Name : Constitutional Law

Australian Constitutional Law - Part A

Issues

Whether Boris is liable to pay the fine charged by the NSW police for not wearing the mask while exercising in the park or not?

Facts

Boris is a citizen of Australia, and lives in NSW also is very fond of exercising for which he goes to the public park next to his house every day. As in this crucial period of pandemic across the world it has been made mandatory by the government of every state to wear a mask while stepping out of the houses and should also main the social distance from staying prevented of the disease. On June 13th Boris is following his daily routine and exercising in the park but has removed his mask as he believes that squats cannot be done while wearing a mask and shall be a resistance while exercising. The NSW police stops him for the same and charges fine for not wearing a mask as made mandatory.

Rules

Public Place Health Amendment Act 2020 (NSW)

  • Section 1

Commonwealth Act

  • Section 1 (Amended)
  • Section 2

Application

In the light of the present facts and circumstances of the case, Boris has been charged for not wearing a mask and violating the rules on June 13th made for the time of the crises not only in the particular state but in the entire world, according to section 1 of the Public Place Health Amendment Act 2020 (NSW) it is mentioned that any individual in a public place or anywhere in NSW who is found violating the rules made for the benefits of the society and also violates the norms of social distancing, not wearing a mask, and not taking the safety precautions by covering their face, mouth, nose, hands with a mask or cloth covering for face shall be entitled to face the penalty of $10,000 or imprisonment for 12 months, or both. In the present case Boris removed his mask for the purpose of exercising as per his belief wearing a mask while exercising can create resistance and may cause him difficulty while practicing the same.

As per the section 1 (Amended) wearing a mask can also lead to the rise in the terrorist activities which might be again a major issue for the nation to deal with, moreover while exercising there was no other person practicing the same and so Boris removed the mask as it is a bit difficult to breath in the mask while exercising and shall cause harm to lungs. Section 2 provides that it shall be unlawful for any person to wear any mask or face covering for the purpose of evading recognition or identification by the police while in a public place, it can also be possible that Boris saw the officers and so he removed the mask as per the section and rules mentioned in the Act. Therefore, Boris is not given the chance to speak for himself, and clear the doubts and reasons for removing his mask in the public place. This shall also amount to the violation of its fundamental rights and duties of justifying the subject matter and the situation.

Furthermore, it has been held in few cases that wearing a mask shall not only save their lives but of other also, not wearing or removing of mask in the public area shall amount to the violation and causing risk to the other people’s life as well. The case of a person eating Kebab on the bench among 50 people was fined by the NSW police for violating the rules of social distancing and not wearing the mask and also violating the coronavirus laws, it is also said that sweeping new laws and introduction to the society to the slow number of the people infected with the virus have reshaped Australia with the impact of the virus, as the government laws and police agency says the laws made are for the people and are necessary for all to follow. As per the law Boris is liable to pay the fine and under go the process of the charges and mentioned provision under the Public Places Public Health Amendment Act 2020 (NSW).

Conclusion

As per the abovementioned facts and circumstances of the matter it has been understood and cleared about the fact and seriousness of the disease all across the world, therefore not wearing the mask or not following the rules and regulations made for the society from the prevention of COVID-19 shall be taken as a major issue, in the matter of Boris while exercising wearing a mask shall cause difficulty in breathing and may also affect in lungs so the removal of mask in the public place while exercising can not be the reason for the charging of fine or any punishment. Therefore, Boris is not liable for paying and fine under the Act as there has been no violation caused due to him against the society or has not violated the law in every sense.

Australian Constitutional Law - Part B

Issues

  • Whether Vladimir is liable to pay fine or not?
  • What were the grounds of arrest of Vladimir?

Facts

Vladimir is a very law-abiding citizen and follows all the rules and regulations made by the authorities, also is a nurse at the Hospital. Vladimir is provided with the mask of N95 grade for wearing it at the hospital when on the duty, as nurse Vladimir wears the mask whenever he goes out and goes anywhere with the intention to stay safe and protected from the effects of COVID-19, also do not wants to get exposed to the patients of COVID-19. On June 18 Vladimir attends a friend’s court hearing who has been charged under the law for not wearing mask in the public place and affecting the laws against Coronavirus, but was quickly arrested by the Federal police and was presented before the HESC for committing breach of the Commonwealth Act. Vladimir was found guilty by the HESC for violating section 2(2) and section 3 of the Act and was even fined $10,000 for section 2(2) and $1000 was section 3. Vladimir refuses to pay and is now in goal.

Rules

Commonwealth Act

  • Section 2(2)
  • Section 3
  • Section 1(amended)

Applications

In the light of the present facts and circumstances, Vladimir is charged for wearing mask while attending the hearing of his friend in the court. Under section 2(2) and section 3 of the Commonwealth Act, and held guilty by the HESC and fined $10,000 for the breach of section 2(2) and $1000 for the breach of section 3. Section 2(2) says without limiting subsection (1), it is mentioned that any individual entering into any state or Commonwealth government building, court house, banking establishment , public library, university, TAFE, school, museum or Art Gallery, and the Sydney Opera House, must remove any mask or face covering tat obscures the mouth, and nose, maximum punishment and penalty is $10,000 or 12 months imprisonment. Section 3 states that it shall be unlawful for any person who is not suffering from a medical condition or is not a health care worker, to wear a mask in public that is graded N95 or higher unless they have been requires to do so by a medical practitioner. Maximum penalty and punishment are $1000 or 6 months or both.

As per Vladimir wearing mask is the mandatory thing and precaution one can take from prevention against the crises across the world. Being nurse at the hospital it is the prior duty to follow the rules of wearing mask and taking actual precautions from staying safe from the disease. According to section 1 of the Act it is mandatory to wear a mask while entering out of the houses and visiting any public place either cover face by a cloth covering or by wearing a mask. Every individual shall use a mask or cloth face covering when using the service od any taxi, car, ride-sharing or similar service or means of mass public transport including by train, bus, ferry or light rail, or while within any semi-enclosed transit stop or waiting area. Nothing in subsection (1) or (2) shall require the use of mask or cloth face-covering by anyone for whom doing so would be contrary to his or her health or safety because of a medical condition. Maximum penalty shall be of $1000 or imprisonment for 12 months or both. In the present case Vladimir has maintained the safety in the place which is expected to be full with people and which may also affect the rules of social distancing and maintaining the safety in public as per the rules, it shall be unlawful to wear a mask in public that is graded N95 or higher unless they have been required to do so by a medical practitioner, therefore, Vladimir is a medical practitioner at a hospital and is allowed to wear such mask.

Conclusion

As per the abovementioned situations and circumstances, Vladimir is not liable to pay any penalty or face any punishment as he himself is a medical practitioner is have the rights to wear N95 or higher mask, for the prevention from disease.

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