Question
In early June 2021, Draco was exhausted from his busy routine as a nurse at Westmead Hospital in Sydney. He was really looking forward to
In early June 2021, Draco was exhausted from his busy routine as a nurse at Westmead Hospital in Sydney. He was really looking forward to his family camping holiday at the Swamp Dog Caravan Park in Broken Hill, a country town located in the far west of New South Wales ('NSW'). He and his partner, Boris, a paramedic, had worked long hours during the COVID pandemic of 2020, and had planned the holiday for some time. They were planning to go away with their two adult daughters, Aman and Cecile. Aman lived in Byron Bay, on the New South Wales far north coast, and had really missed her family during 2020. Cecile lived with her parents in Parramatta and was also looking forward to enjoying what the great outdoors of Broken Hill had to offer. Unfortunately, on 5 June 2021, Draco and Boris had an argument. Draco decided that he would leave for the holiday early, to give Boris a chance to get over their fight. He left their home on 5 June and drove to Broken Hill, arriving on 6 June 2021. He used the time away from his family to sit by the campfire and think about life. Draco and Boris did not speak to each other until 20 June 2021. By that time, they were both regretting their argument, and wanted to see each other. Draco phoned Boris and told him to 'drop everything' and come to Broken Hill to be with him. Boris left Parramatta on 22 June 2021, and drove to Broken Hill, arriving on 23 June 2021. Cecile stayed at home because she was busy with work. The family agreed that Aman would pick Cecile up on 27 June 2021, and they would travel together to Broken Hill for the family holiday. On the morning of 26 June 2021, Aman saw announcements on social media that said that the NSW Government was about to 'shut down' Sydney. She called Cecile and said, 'I'm picking you up tonight. Be ready to go. We have to get you out before they shut the place down!' Aman drove south from her house to Sydney, arriving in Sydney by 11.30pm that night. She stayed in the car in the driveway of the family home at Parramatta, and Cecile came out and jumped in the car. On the way to Broken Hill, the sisters were hungry, so they stopped in Penrith to eat at the Tired Eyes all night caf. They were glad that the caf was still open and serving customers, so they could sit at a table outside and eat their food. They took photos of themselves and posted them on social media with the caption '#sistersroadtrip'. After an all-night drive, the sisters arrived at the Broken Hill campsite on 27 June 2021. After chatting for a while, the family decided that they needed some food. Boris drove his car into town to do some grocery shopping, while Draco, Aman and Cecile took Aman's car and drove to the local hotel, the Lazy Arms, for lunch. The Lazy Arms owner was furious that the family did not wear masks at any time while they were in the hotel, and he knew they were not from Broken Hill. He called the local police, saying, 'I think there's some people in my pub who have escaped from Sydney. Come an arrest them NOW!' The police arrived at the Lazy Arms and issued fines to Draco, Aman and Cecile under s 10 of the Public Health Act 2010 (NSW), for breaching the Public Health (COVID-19 Temporary Movement and Gathering Restrictions) Order 2021 (NSW). When the police escorted Draco, Aman and Cecile back to their campsite, they saw Boris returning from the grocery shopping. They asked him if he was also from Sydney. When he told them that he was, they issued him with a fine under s 10 of the Public Health Act 2010 (NSW), for breaching the Public Health (COVID-19 Temporary Movement and Gathering Restrictions) Order 2021 (NSW). The family have decided to challenge their fines in Court. The Court date is fast approaching, so they have sought your advice about their legal position. All students must answer questions 1-4 1. Has Draco committed an offence under s 10 of the Public Health Act 2010 (NSW)? 2. Has Boris committed an offence under s 10 of the Public Health Act 2010 (NSW)? 3. Has Aman committed an offence under s 10 of the Public Health Act 2010 (NSW)? 4. Has Cecile committed an offence under s 10 of the Public Health Act 2010 (NSW)?
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