Where do I stand with the law

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Allunga

Member
27 January 2021
2
0
1
I am a regular swimmer at an enclosed public pool in NSW and have refused to sign in to the Covid19 app. or write my name on their book. I believe it is illegal to demand my details (Privacy Act 1988 94H). The manager of the public pool asked me to get out of the pool to sign in correctly (even though I have a membership card where they have all my details). He said if I didn't get out of the pool now he would call the police. I told him that after I'd finished my swim I would go and sign in, but not until I had finished swimming. He did ring the police. When the 2 police arrived they told me due to Covid I had to sign in....I stated the Privacy Act 1988 and then they said that they would arrest me for trespassing. I told them that I would finish my swim first, even though they'd told me they'd drag me out.

I finished my swim and went to the change rooms I realised the police were no longer there. When I left the building the manager chased after me to tell me not to come back unless I complied to the signing in rule.

What I need to know is can they issue me with a 'Banning Notice'? I am a local and pay council rates. Where do I stand with the law?
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
4,913
820
2,894
Sydney
I believe it is illegal to demand my details (Privacy Act 1988 94H).
You are mistaken.
It can be a condition of entry that you provide your details.
That's a question of WHS, rather than a matter of privacy law.
What I need to know is can they issue me with a 'Banning Notice'?
"They" being the Council/ Pool operator? Yes.
I am a local and pay council rates.
That is irrelevant.
Where do I stand with the law?
You're in the wrong about being able to refuse and yet still gain access.
You were lucky not to be arrested at the time.
You've had your banning notice - in words, which is enough.
 

Docupedia

Well-Known Member
7 October 2020
378
54
794
Section 94H doesn't apply to the circumstances you're talking about. It relates to forcing someone to use the government's COVIDSafe application - not the collection information obtained and reported by particular venues.

As much as it is an impost, or an 'infringement on your civil rights', or whatever: too bad. Yes these are exceptional measures, but these are exceptional times. Look at the reason why the measures are in place. No one cares what time and date you get your exercise in. But let's say someone who did have COVID was there at the time and may have passed it on to you. Without your log in details the time taken to track you down would be longer or they might not be able to at all. The extra time taken could lead to more infections, which them may balloon out. Speed is an important factor.

Your comment about them having your membership details is important to note, as well. Yes, they do. But they cannot share the information from the membership database with the COVID register. This helps preserve your privacy.