BYLAW COVID BUSINESS PACK
Businesses can end up paying penalties for not allowing entry because no business private or public can discriminate against anyone based on religion, race and any health reasons because it is illegal.
There is a distinct difference between an IMPERATIVE and a DIRECTIVE.
An imperative is an order – a “must.” A directive is a suggestion – a “should.”
The latest information from the QLD government about “checking the vaccination status of customers,” is careful not to use imperative words.
Business owners “should” take reasonable steps to enforce restrictions, business owners “can” display vaccination rules, ask for proof of vaccination and so on. There is no “must” here, there is no compulsion – this wording should be interpreted as no more than a suggestion from the government.
This is further evidenced by the absence of any repercussion or fine for businesses not complying. The only fine listed is for the individual entering – not the business allowing entry. And that’s because while the government can put in place mandates to restrict the movement of particular people (i.e the unvaccinated), they can’t compel businesses to discriminate under threat of fine.
The only “must” we see is when it comes to implementing the “COVID Safe Checklist: Restricted Businesses.” Restricted businesses “must” operate in accordance with the checklist. HOWEVER, there is not one mention of vaccination status on the checklist.
The QLD government wants you as a business owner to believe you don’t have a choice when it comes to refusing service to unvaccinated patrons. They want you to do the dirty work for them and put pressure on unvaccinated people to get the jab by excluding them – but nothing in writing would indicate that you are required to do so.
Read this document for guidance Bylaw Covid Business Pack
Mandates and Directions are Not Law!
Checking the vaccination status of customers: https://www.covid19.qld.gov.au/check-in-qld/im-a-business-owner/checking-the-vaccination-status-of-customers
COVID Safe Checklist: https://www.covid19.qld.gov.au/__data/assets/pdf_file/0021/175062/covid-safe-checklist-restricted-businesses.pdf?nocacheV1
Restricted Businesses Info page: https://www.covid19.qld.gov.au/government-actions/covid-safe-checklist-for-restricted-businesses