A discussion 🧵 on govt mandates, employees & business owners. Note that this is VIC specific.
First up, this is the published mandates, which are No.5.

Technically speaking the wider mandate for 'all authorised workers' is NOT currently in place. There is nothing signed off. This happened with construction, they only passed the mandate at the 11th hour (literally).
The fact it isn't in right place now leaves a big legal ? for any biz demanding vx status or firing employees with no legal mandate there. What most biz owners also aren't being told is even if there's a mandate, it may not protect them from federal law obligations to employees.
Business owners are being put, in simple terms, in a sh*t sandwich by the govts. There is no guarantee that a mandate protects them from other obligations by the employee, or even action via FairWork. All should be seeking legal advice (per FairWork) before firing any staff.
Also, if mandated & a negative reaction occurs - someone has to be liable. If VIC goes the same route as NSW, it'll likely be the business owner who's responsible. Only aware of one family that's discussed options with a lawyer so far, but this shouldn't be an unknown risk.
In short, if you're a business owner - legal advice may be a good idea. Don't think for a second any of these govts wouldn't hang you out to dry.
In reverse, if you're an employee getting threatened, legal advice/FairWork may be a good idea.

Lawyers always win in govt disasters.
On the Oct 21 date our SOE gets renewed by Sutton rolling monthly - no Parl needed. This can only continue until Dec. However they can only make the rules in the current active period so they only go up to the next renewal date. They can be made at any point up until then though.
The CHO has and will always renew it - even with zero cases, as all states use it to run quarantine - and there's nothing any member of Parl can do, until Dec . Any screengrabs or campaigns online claiming otherwise aren't accurate.
Now this is interesting. The first vx mandate signed off, No 1, was by Sutton. Every vx mandate since has been signed by an Acting CHO. If any of these get challenged in court it's the signatory who gets challenged, as we learnt with the curfew case. So Sutton stays safe. Hmm.
Following the NSW SC arguments today from the lawyer for the govt, I'm becoming more & more convinced these smash mandates are a bluff before he loses SOE.
I'll elaborate.
No SOE = no mandates.
Simple as that. If Dan gets the max % vxd before then, he looks like a winner.
Come Dec, the govt has issues. Very viable legal argument that 85%+ fully vxd isn't an emergency anymore. Means he needs new legislation to have any powers at all, which has to pass but it's essentially impossible to pass the current powers as they'd conflict with other elements.
Examples: VIC charter of human rights, privacy act, goods & services act etc. Could be wrong, but new ones can't conflict so big '?'.
Only one possibly viable is them attempting 'no jab, no school' for teens, which obviously got leaked by the HS. See this as the most likely risk.
The idea they'd get mandating a gardener (or something equally stupid) being vxd through Parl, just can't see it happening. Which means VIC may be real-time living through the NSW bluff of "it's only temporary". That new VIC court case is likely to help this process along nicely.
Nothing helps govts remove dumb rules like fresh litigation 🙂 sincerely hope to see more come out challenging legalities (in attempts to prevent this ever getting repeated) not just from employees but businesses sick of copping the brunt of the govts bs. Fun times ahead for VIC.

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More from @Voice4Victoria

6 Oct
@_davidlimbrick in his motion speech requesting the docs behind the vax mandate, particularly how the decision stacked up against our human rights charter.
Shing once again getting thrown in as the govts mouthpiece. Talks about how it isn't about what he asked for, but how he asked. Accuses him of trying to "mount a case against" the public health advice
Shing talks about their response needing to be "dexterous and nimble". Yes because a smashed widespread mandate just reeks of a "dexterous and nimble" approach.
Read 8 tweets
5 Oct
Final day of the NSW Supreme Court Case. Watch live here:
FYI they appear to be having technical issues with the livestream.
We are back and rolling. Commonwealth rep barrister Davidson now has the chance to respond (like Kirk did for NSW govt yesterday). King is the only case that's issued a Commonwealth challenge, so that's why she's only responding to his arguments.
Read 22 tweets
4 Oct
VIC SC directions hearing kicks off.
Watch live here: vimeo.com/event/1345835
Kicks off with the judge mentioning that her chamber received a letter from @VEOHRC this morning about if they should intervene on the basis of human rights. That's interesting.
Govt rep Fitzgerald corrects that the directions got updated, we're now at number 5 signed off by A/CHO Cowie, even though 5 is the same words as 4.. that's an interesting side note.
Docs will now be updated to include Cowie as a defendent to ensure they're accurate.
Read 14 tweets
4 Oct
Final day of the NSW Supreme Court case against the mandates starting now.

Watch live here:
From the judge this morning "rest assured I'm not going to write a judgement without mentioning the fact that the orders have been repealed". That's a yikes for the govt side.
Harkness & Clarke off to a nicely cohesive start, laying out which of them will address each of the arguments (there's 6 grounds total) put forward in their case and why.
Read 66 tweets
2 Oct
Group of protesters wandering around the city, @therealrukshan is now live. Unsure of location? Media contingent following them around & apparently cops trying to follow. Nice to see one of the attendees checking on Dowsley's head in the live haha
They're at the Tan, same location the impromptu Melbourne footy celebrations last week. Far less people there than at that event. Cops are starting to gather in large numbers now.
They're continually moving, where is unclear but from history that's probably the only way to avoid rubber bullets.
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1 Oct
We're back for day 2 in the NSW Supreme Court. Watch here:

Commentary thread to follow.
First up is questioning to Kathryn Boyd, who is the Deputy Secretary, General Counsel in the NSW Dept of Premier and Cabinet.
Peter King making me feel like I should have had a bigger coffee this morning..
Read 10 tweets

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