The masking issue is complicated and these are the scenarios people have been confronted with:
- compulsory masking as part of your employment;
- compulsory masking to gain entry or access to services as a customer;
- compulsory masking at schools, university, training courses, work experience placements;
- compulsory masking in taxis, flights, ambulances;
- compulsory masking at hospitals, doctor, dentist, health care setting;
- compulsory masking on public transport.
In general, if you were denied access to a shop because you are not wearing a mask and have a medical reason which would fulfill the exemption requirements, you can email the CEO or the shop Manager later to make a complaint. This minimises arguments and escalation of issues in-store at the time and creates a paper trail.
There are alternative grounds of argument, but we have found the discrimination and equal opportunity angle to be useful. For many people who are suffering from a mental health condition or an associated medical that prevents them from wearing a mask, whether or not you have obtained proof of your medical exemption is not important if you are dealing with a business as a customer or speaking to a police officer who is querying you regarding the exemption.
Under both circumstances, you don’t need to provide proof of your medical condition, you just need to state clearly that you have a legal exemption by way of a medical reason. This is sufficient and you should be left alone. If you are pushed, you can choose to briefly state what the medical reason is such as mental health reasons, skin condition, claustrophobia, asthma etc., but you don’t need to provide any more information than that.
Unfortunately, in a bold and what we classify as, unlawful, move in South Australia and New South Wales, the Government has amended the mandates to compel the provision of medical evidence to a police officer when requested, including the provision of your name and address. That medical evidence initially anticipated a medical exemption letter from a registered medical practitioner, however, this now includes a statutory declaration that you can prepare yourself which names the medical condition and then clearly articulates how this medical condition may impact on your condition. For this reason, we have linked below links to where you need to go to get a copy of the statutory declaration:
- For NSW please go to: https://www.jp.nsw.gov.au/Pages/justices-of-the-peace/nsw-statutory-declaration.aspx
- For SA please go to: https://www.agd.sa.gov.au/sites/default/files/south_australian_statutory_declaration_form.pd
In terms of how to write the content of the statutory declaration, please refer to an example we specify below. In relation to when you have a mental health condition due to rape and/or sexual abuse, there is absolutely no compulsion to expose or explain this in your mask exemption. It is sufficient to state clearly that you have a mental health condition due to Post Traumatic Stress Disorder and this does not allow you to wear the mask as this will lead to feelings of aggravation and claustrophobia.
As part of the statutory declaration process you will need to take this form and have it sworn i.e. witnessed by a justice of the peace or your local pharmacist.
The above information was sourced from Advocateme.com.au, one of the leading sources for covid related templates that you can download for free. Please visit their site and view their important community campaigns.
