Barrister, Solicitor, 1 Warren Street
Public Notary
Gawler, S.A. 5118
0417 862201
26 June 2021 [email protected].
To the State Co-ordinator appointed under the Emergency Management Act 2004 for the State of South Australia
Dear Sir
I request an exemption from the direction that I have been given by one of your delegates at the Adelaide Airport on Thursday 24th June 2021 at about 6.30 p.m.
I submit that neither you nor your delegate could have formed the opinion pursuant to Section 25 of the Emergency Management Act 2004 that it was necessary to direct me to remain isolated from other persons by not leaving my home for a period of 14 days except to attend for a Covid 19 test and that such direction is not reasonable.
I submit that either you or your delegate should, and should have, have taken my personal travelling facts, as stated by me at the said time and place to your delegate, more reasonably into account before giving me the said directions.
I request that you review the direction to me and amend it.
To the best of my recollection I used my travel noted diary and informed your delegate that:
- I intended to comply with all directions. But:
- I had been vaccinated against Covid 19
- I had travelled by plane from Adelaide to Canberra on 19 June 2021
- I had driven from Canberra alone directly to the snow fields in the Kosciuszko national park stopping only at Cooma on the way.
- I had used the NSW Government smart phone tracing app for premises I entered in NSW
- Entry to the snow fields to me and everyone was dependent on not having been in any Covid hotspot.
- On 23rd June 2021 I departed the ski fields alone by car and drove directly to Canberra stopping only at service stations.
- I stayed in Canberra overnight and used the ACT Govt. smart phone trading app for premises I entered in ACT
- I travelled by plane from ACT, via Melbourne where I did not leave the airport lounge arriving in Adelaide.
- I logged my arrival in Adelaide on the SA Govt. smart phone tracing app.
- I logged my arrival with the Police pre-permission to return email procedure.
- I provided my ET number to your delegate.
I asked if I could appeal to him to be released from the direction so that I could collect my dog from the boarding kennel and to exercise outside of my home with my dog.
He said no. I formed the opinion that he did not really know if there was any method of appeal and he said that I should try the Health Department, or words to that effect.
I request that you modify the direction to me to the extent that I be permitted twice per day, once a.m. and once p.m. to leave my home, at 1 Warren Street,(on the junction with Union Street) Gawler East, SA 5118, together with my dog on foot to travel north on Union Street by the nearest practical route to Clonlea Park for a period of no more that 45 minutes on each occasion and return by the same route.
This letter to be produced on this issue in any hearing appeal to Court or Tribunal or the Ombudsman and on the issue of costs.
Yours Sincerely
John Bolton
Barrister, Solicitor, Public Notary.
An Act to establish strategies and systems for the management of emergencies in the State; and for other purposes.
Division 4—Powers that may be exercised in relation to declared emergencies
25—Powers of State Co-ordinator and authorised officers
(1) …
(2) Without limiting or derogating from the operation of subsection (1), but subject to the regulations, the State Co-ordinator or an authorised officer may, if of the opinion that it is necessary to do so, do or cause to be done all or any of the following things:
(a) …
(fb) direct a person to remain isolated or segregated from other persons or to take other measures to prevent the transmission of a disease or condition to other persons;
Part 5—Offences
28—Failure to comply with directions
(1) A person must not, without reasonable excuse, refuse or fail to comply with a requirement or direction of the State Co-ordinator or of an authorised officer given in accordance with this Act during a declared identified major incident, major emergency or disaster.
Maximum penalty:
(a) if the offender is a body corporate—$75 000;
(b) if the offender is a natural person—$20 000 or imprisonment for 2 years.