It is against Australian federal law to not serve someone or to prevent them entering.
The new DHHS mask directives for NSW are now in force as of 03/01/2021
Many Business Personnel are unaware of the risks of discriminating against people with lawful medical exemptions* from wearing masks.
*Businesses, Organisations and Public Authorities and Officers are obliged to make themselves familiar with these medical exemptions.
You are in breach of the Chief Health Officers Covid directions when you refuse entry or service to a medically exempt person.
Such a refusal will also breach the Commonwealth Disability Discrimination act 1992 and you risk an unnecessary hefty lawsuit at a time when most businesses are already financially struggling.
Please familiarise yourself with the following points:
- People who have a medical condition, do NOT have to wear masks.
- You do NOT need a medical certificate stating that you do not need to wear a mask.
- Employees who are medically exempt cannot be forced to wear a mask.
- Business owners are NOT responsible for people who cannot wear masks.
- Medically exempt conditions include: Asthma, Emphysema, Epilepsy, ADHD, PTSD, Anxiety, Panic Disorders, Vertigo, Hearing Problems, Breathing Difficulties, Allergies and MANY more.
- 6.No one is required to tell you or disclose their personal medical information to anyone.
Ref: PRIVACY ACT 1988 http://www5.austlii.edu.au/au/legis/cth/consol_act/pa1988108/
- The Disability Discrimination ACT 1992https://www.legislation.gov.au/Details/C2018C00125
- Signs saying “No Masks, No Entry” are a breach of sections 6 & 24 of the Commonwealth Disability Discrimination ACT 1992 (and other laws) and should either be removed from premises or state “Except those with Lawful Medical Exemptions” or similar disclaimer.
- Harassment, intimidation, coercion, deceit, aggressiveness or bullying are NOT lawful means of imposing your personal beliefs or opinions about masks upon others.
- 10.Many people are medically exempt from wearing masks including the majority of Senior Citizens, even though they may not currently be aware of their exemption.