Saturday, 26 July 2014

Equal Opportunity Act and Human Rights.

Avoiding Smart Meter’s in Victoria
(A Manual of facts to help you)
The aim of this web page is to provide you with some little known facts to assist you in your fight to protect your health, privacy and democratic right to say ‘NO’. It has been compiled from personal experience and many hours of research.
If you complain that your smart meter radiation is making you sick and you get the answer that “everything is within ASPANSA limits". Technically, this answer is correct. It is not the job of distributors to check out faults in standards. ARPANSA RPS3 (the standards) have some issues, I spoke about it in another post.

But the distributors do have other obligations. For example they have to obey 
Equal Opportunity Act.
Sections 44 and 45:

«Discrimination in the provision of goods and services», 
(b) in the terms on which goods or services are provided to the other person

It sounds as though distributor must supply you with electricity regardless of what kind of electrical meter you have.
 Section 15: Duty to eliminate discrimination...
(1) This section applies to a person who has a duty under Part 4, 6 or 7 not to engage in discrimination...
(2) A person must take reasonable and proportionate measures to eliminate that discrimination... as far as possible.
So if you have medical condition (EHS) your distributor must make some adjustments. For example remove Smart meter from your house.
And also distributors in Victoria should have policies and procedures how to deal with people who suffer from EHS. But I never heard about miracle like this.
As far as I concern mostly they just bully people into moving interstate.
 
 
And there is section 45: Service provider must make reasonable adjustments for person with a disability
 
According to this, a Distributor should use another meter, which does not emit radiation. It is NOT your problem which meter they will use and what written about it in THEIR rules. You have rights! If they do not want to know about your rights because they too much concern about their profits - bring them to court!
Human rights division of VCAT is FREE for Applicant. How much money will be spent by distributor - it is THEIR problem. Applicant is not responsible for expenses of Defendant.
You just want to keep your Manually Read Meter, which was used (and still is) around the world for a century. No way it can be treated as "un-reasonable" adjustment.
 
The distributors try to cover-up their bulling tactics by this:
PART 5—GENERAL EXCEPTIONS TO AND EXEMPTIONS FROM THE PROHIBITION OF DISCRIMINATION
Section 75 Things done with statutory authority

(1) A person may discriminate if the discrimination is necessary to comply with, or is authorised by, a provision of—
(a) an Act, other than this Act; or
(b) an enactment, other than an enactment under this Act.

Yes, they have orders to install Smart meters. But "the best endeavours" never made them compulsory. And "the best endeavours" do not allow them to make people suffer from EHS.
 
So usage section 75 as a defence is very questionable in this case.

More, there was "Waters v Public Transport Corporation" case which may be a good precedent in case of class action.

And there is a Charter of Human Rights and Responsibilities Act 2006
1 Purpose and citation
(c) imposing an obligation on all public authorities to act in a way that is compatible with human rights;
So there is a fare chance VCAT will interpret section 75 in your favour.
(d) requiring statements of compatibility with human rights to be prepared in respect of all Bills introduced into Parliament and enabling the Scrutiny of Acts and Regulations Committee to report on such compatibility
And it NEVER happened with any document related to Smart meter rollout!
 
But unless you go to court you will not know for sure. You may suffer for rest of your life from radiation or get rid of Smart meter if you take action.
The choice is your.
Write me if you have any questions.

No comments:

Post a comment