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.

http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/HCA/1991/49.html?stem=0&synonyms=0&query=WATERS%20v.%20PUBLIC%20TRANSPORT%20CORPORATION

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.

Your right to choose kind of meter and how to defend it.

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.

Choice

One of the main differences between totalitarian and democratic countries is the right to choose.

It is a shame Victorian electricity distributors and Energy and Water Ombudsman are not aware of it.

 

 

1. By law, Australians are allowed to have a choice of whether to keep their ‘old analogue’ electrical meter.

ELECTRICITY CUSTOMER METERING CODE:

6. INSTALLATION
6.1 Obligation to provide

(aa) This clause 6.1 is subject to the minimum standard of metering equipment being smart meter following the initial installation of smart meter at a customer’s premises.

So if you got Smart meter you can change it for... ANOTHER Smart meter.
But, clauses (b) and (d) make it very clear that you can request a different type of meter to that quoted in 6.1 and 6.2!

(b) Subject to clauses 6.1(c) and 6.2, if a customer requests a distributor or a retailer to install a type of metering equipment which is different from the type the distributor or the retailer (whichever is responsible for providing the metering services) otherwise would install in accordance with the NER or the Metrology Procedure, the customer must bear any costs incurred by the distributor or the retailer (as the case may be) installing that new metering equipment in excess of those which the distributor or the retailer would have incurred in installing the other type of new metering equipment.

(d) Where a customer requests a distributor or a retailer (whichever is responsible for providing the metering services) to install interval metering equipment in accordance with the NER or the Metrology Procedure, the distributor or the retailer (as the case may be) must use its reasonable endeavours to install that type of metering equipment within 20 business days of receiving a written request to do so from the customer.

It sounds for me you are allowed to have ANY time of electrical meter as long as it can do the job.

2. If you are told that Smart meters are mandated/standard/compulsory please read my post with heading "Terms mandated, compulsory, standard – do all they have the same meaning?".

 

3. My home - my castle strategy.

 

You locked your meter box, installed sign «No Smart meter», "no trespassing". You already sent away contractor from distributor and told him loud and clear "I do NOT want Smart meter". You phoned and sent letter to your distributor with same information.

 

What does it mean from point of view law?

 

Summary Offences Act 1966 Victoria No. 7405 of 1966 Version incorporating amendments as at 16 July 2012 Section 9:
(a) the person enters that place after having been previously warned not to enter (you already send away contractor previously) by the owner or  occupier or a person authorised to give such a warning on behalf of the owner or occupier; or
(c) the person enters that place in breach of a prominently displayed sign erected at that place by the owner or occupier or a person authorised to erect such a sign on behalf of the owner or occupier stating that—
(ii) persons engaging in that place in the type of activity in which the person concerned is proposing to engage in that place are prohibited from entering that place (No Smart Meter sign) —and the person has no other lawful excuse for entering that place.

 

 

Other hand there is also ELECTRICITY DISTRIBUTION CODE 2011 which tells about Distributor right to trespass:

3.3.2 Provided official identification is produced by the distributor’s representatives on request, a customer must provide to the distributor’s representatives at all times convenient and unhindered access:
(a) to the distributor’s equipment for any purposes associated with the supply, metering or billing of electricity; and
(b) to the customer’s electrical installation...

Does it mean contractor allowed install Smart meter against your wishes? Does "the best endeavours" enough strong term to allow commit crime of trespassing?

 

This issue is waiting for court challenge. I do not have any information about any cases about this topic or their results.

 

 

 CHARTER OF HUMAN RIGHTS AND RESPONSIBILITIES ACT 2006 - SECT 32
Interpretation
(1)  So far as it is possible to do so consistently with their purpose, all statutory provisions must be interpreted in a way that is compatible with human rights.

Because installation Smart meters has a lot of to do with Equal Opportunity Act and Charter of Human Rights there is a chance that court may rule in favour of owner of the property and distributor/contractor will be punished for trespassing.

If you go to court Charter of Human Rights Victoria may be handy:1 Purpose and citation
(1) This Act may be referred to as the Charter of Human Rights and Responsibilities and is so referred to in this Act.
(2) The main purpose of this Charter is to protect and promote human rights by—
(a) setting out the human rights that Parliament specifically seeks to protect and promote; and
(b) ensuring that all statutory provisions, whenever enacted, are interpreted so far as is possible in a way that is compatible with human rights; (it never happened with any Advanced Metering Infrastructure document).

 

4. One day you found the lock cut off and Smart meter installed?

You should contact the police ASAP. The crime happened: your property was deliberatly destroied, someone trespassed your land.

And not to be shy, contact local mass-media, sent message to me, post on http://stopsmartmeters.com.au/forum/

You will find support and people who did it will have problems.

 

Not allow police or court drop this matter.

 

 

5. Punishment for trespassing: http://www.activistrights.org.au/handbook/ch02s08s02.php

 

It is a State offence to wilfully trespass in any place and neglect or refuse to leave that place after being warned to do so by the owner, occupier or a person authorised by the owner or occupier (section 9(1)(d)  Summary Offences Act  1966 (Vic) ). The maximum penalty is $2500 or six months' jail, although the penalty is usually a small fine. However, every case is different so you should seek legal advice about the penalty you may face.

If you enter onto another person's land without their permission, you will be trespassing. If you deliberately or carelessly do something that directly causes interference with someone else's land, a trespass is committed. Trespass is a civil wrong, and you can be sued for doing it. The most common example of trespassing is when you go onto someone's land without their permission.