Thursday, April 30, 2020

Nathan Cleary not fined, but the five women were fined.

I thought it was interesting to read that Nathan Cleary was not fined recently for a gathering at his home, whereas the five women concerned were fined.

https://www.news.com.au/sport/nrl/nrl-investigating-after-new-videos-of-nathan-cleary-emerge-phil-gould-reacts/news-story/96b4fee28b60e79a243e8db5a136a2b1

The reason given by police was that house belonged to Nathan Cleary. The legislation in Victoria, if I read it correctly, would have meant Nathan Cleary would have been fined if this occurred in Victoria. I decided to read the legislation to see how the legislation in NSW and Victoria differ.

You can find NSW's legislation at the following location.

Public Health (COVID-19 Restrictions on Gathering and Movement) Order 2020

You can find Victoria's legislation as the following location.

Stay at Home Directions (No 4)

Where the legislation differs for this situation is the legislation for Victoria clearly puts the responsibility for not letting people into their home on the resident, whereas for NSW, there's no such restriction. You can find the relevant section in the Stay at Home Directions (No 4) in Part 4, Section 11, Point 3. "During the stay at home period, a person must not permit another person to enter the premises as which they ordinarily reside, unless:", and the activity Nathan Clearly participated in wouldn't have come under the list of exemptions.

I find the differences between the laws interesting as I would not have thought that would be the case. Yes differences for some localisation, but not in overall principle. This really does show that if you're gaining information from the media, you need to pay particular attention to which state the story is about.

Kelvin Eldridge
www.Mapz.com.au/coronavirusvictoria/

NOTE: This post is not legal advice. It is simply my observation as a non-legal person reading the information provided by the government.

No comments:

Post a Comment