We live in shitty times, when the cops can hassle you for being out of the house or not wearing a mask, BUT here’s the legal tea:

❊ if cop believes you’ve broken the law, even just a bit, they can ask for your name+address
❊ if you refuse to give it, you can be arrested. https://twitter.com/sexenheimer/status/1287213963101405190
❊ Usually, the police don't arrest people who are believed to be committing minor offences - they give you a fine instead.
❊ If you've been tricked by #QAnon to think you can refuse to give your name, you risk getting arrested, handcuffed and taken to the cop shop. For a fine.
❊ The cops will keep you in custody until they are satisfied as to your identity. This could be hours or more.
❊ If you get a fine, you have options. Speak with a lawyer or call 0434 136 501 for free legal advice+info, 9-5 Mon-Fri.
❊ If you've been watching YouTube videos or reading Facebook posts that say there are magic spells or legal tricks you can use to prove the law is illegitimate, know this:

Others have tried that stuff before you. Every single one of them has lost. It's a scam.
I’m going to (sigh) try to address the legal issues that the person in these videos raises. Unless someone stops me (hint: stop me).
1. CAN BUNNINGS FORCE YOU TO WEAR A MASK?
No! They have no right to. BUT every Bunnings store is private property, and they decide who comes into their store, and can set conditions. If they ask you to put on a mask or leave, and you don't leave, that's the crime of trespass.
2. IS IT DISCRIMINATION TO DEMAND YOU WEAR A MASK?
Discrimination in Victoria means treating someone unfavourably because of a protected attribute, such as their sex/gender, age or disability. The woman in the video claims that Bunnings are discriminating against her on the >
< basis of sex. But that would only be true if Bunnings refused entry to all women, or to all women if they weren't wearing a mask (but other genders weren’t subject to the same rule). Discrimination is when you treat all members of a group differently, because they are members >
< of that group. And no, ‘people (or women) who don't want to wear masks' isn't a protected group for that purpose. The scope of the discrimination law is set out in statute.
(It's great that the woman in the video knows about discrimination. Maybe she might like to know about the fact that Indigenous people are ROUTINELY challenged and hassled when they go into shops, and not because they aren't wearing a mask).
3. ‘YOU CAN BE SUED PERSONALLY’ FOR DISCRIMINATION
STOP threatening ordinary workers/their managers for acting on their employers' instructions. Every one of us is going through this pandemic – folks working in Bunnings OR ANYWHERE shouldn't be the target of your misplaced anger.
(In almost every case, liability for a civil lawsuit vs someone acting in the course of their employment falls on the employer, because of the doctrine of vicarious liability. AGAIN stop making folks earning minimum wage the focus of your dyed-blonde, white-hot, misplaced anger.)
4. YOU CAN BE SUED UNDER THE 1948 CHARTER OF HUMAN RIGHTS
There is no such document and you cannot be 'sued' under either it (q.e.d.) or under the Universal Declaration of Human Rights (1948), because (insofar as it binds anybody) it binds countries, not individuals.
(The UDHR is one of the most important supra-national documents ever created, and many parts of it are incorporated into federal and state laws in Australia. But that's the limit of it, it's not something you can use to sue someone.)
(Australia is pretty much the only democratic country without a Bill of Rights. Only Vic, Qld and ACT have #HumanRights charters, and they have limitations. We need a constitutionally-entrenched #BillOfRights.)
5. I AM NOT GOING TO STOP RECORDING YOU, IT IS MY RIGHT
No, you don't have any ‘right' to record Dan the Bunnings Manager without his consent, in a private place. Bunnings decides what’s allowed in their stores. Dan, we are sorry you have to put up with this hyper-entitled shit.
(The question of whether a Bunnings store, or any shop or venue open to the public, is a ‘public place' is, well, complex. It depends on the context, the time, the law you're interpreting…)
6. IT IS MY RIGHT A LIVING WOMAN TO DO WHATEVER I WANT
Oh FFS get over yourself Karen.
(I wanted to end this thread by addressing, as best I could, the pseudolegal claims of the SovCit/Freemen of the Land/red-constitution-blue-constitution crowd, but now's not the time or place. I will do that another time.)
Usual disclaimer: not legal advice. The law is complicated (people study it for years, and not by watching bullshit conspiracy theory vids on YouTube) and you need personalised advice before making any important decision.
You can follow @paulkidd.
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