Tom Barnett – Travel and PCR/quarantine Parts 1 & 2 – What to do – Live Stream 11 April 2021, written by
Mary-Jane
www.thedailyq.co / www.mary-jane.co / www.mjarts.net / www.syrianarabic.com / www.zeeno.net
NOTE: This is not a verbatim transcription of the video. This summary highlights the main points, and includes sample conversations/phrases and key legal concepts/terms. Some points have been moved (see time stamp) to help the flow of information. In due course, we will compile the topics and terms covered over several related videos to provide you with one simple reference document. Thank you for your patience.
Please DO NOT use these sample conversations exactly as written. These are Tom’s way of communicating the key points
- holding your position
- source of authority
- coming to an agreement
What is your way? Understand these points and find your own way to use them to get the result you’d like.
(14:00) MIND SET
No matter what you’re faced with, rather than focusing on ‘getting out’ of something, focus your mind/energy on ‘getting where you’d like to go.’ This starts by focusing your state of being. Being calm, knowledgeable and assured (without being cocky).
(36:00) Adjust your approach to the person in front of you as an actual human being. Be 100 per cent present with them. Focus on what you’d like to get out of the interaction and use your brain and your creativity to get them to help you make that happen.
(33:30) PLAY WHERE YOU’RE AT
If you don’t know everything about everything yet, then start with what you do know and can do. Everyone is at a different level of awareness, knowledge and skill. Don’t worry, just take the first step forward and keep moving in the direction YOU’D like to go.
(1:00) BEFORE YOU TRAVEL
Check whether the airline requires you to prepay for quarantine before you take an international flight. If so, you can
- accept it, fly, and sort it out on return (see 24:00 QUARANTINE onwards), or
- set the airline up and take action against them later.
Option two will take a bit of work and you’ll need the motivation to do it. If there are enough people in the same situation you could consider a class action. You could use someone like Serene Teffaha, Advocate Me, who has put together a number of class actions. https://www.advocateme.com.au
(2:15) PAYING FOR QUARANTINE PRIOR TO TICKET ISSUE
When you sign and/or pay for anything official, preface your signature with
- UNDER DURESS or
- ALL RIGHTS RESERVED or
- UCC 1-308 (Uniform Commercial Code 1-308 aka “WITHOUT PREJUDICE” means that a person can receive the privileges without penalties) or
- anything that clearly indicates you have not willingly accepted ALL the terms & conditions
Why is this important? When you pay for something you unconditionally accept ALL the terms and conditions of the seller.
This means that afterwards, or even during the process, you don’t have to agree to everything that was in the attached T&Cs.
If you don’t do this, there is not much you can do to change this once you’ve paid/signed. You need to have explicitly reserved your rights using one of the above methods PRIOR to paying/signing.
(44:00) WHY SIGN ALL RIGHTS RESERVED/UNDER DURESS?
If you don’t sign all rights reserved when buying your ticket to leave Australia, you are fully accepting the terms and conditions, and you are likely to be agreeing to accepting quarantine upon return.
This means that you will not be able to use the information below to avoid quarantine/PCR testing/whatever else is in the T&Cs, as you have agreed to them. See sample conversation ENTERING AUSTRALIA below.
(47:17) If you don’t object, you accept. But don’t make a fuss about it, or draw attention to it, as this risks the airline refusing to sell you the ticket.
(3:50) KEEP A COPY OF SIGNING ALL RIGHTS RESERVED/UNDER DURESS
Be aware that if you buy a ticket online, you might not be able to tailor your signature; in fact, you may not even be asked to sign anything. This means you will be unreservedly agreeing to all the T&Cs.
So, ideally, go to a travel agent or airline where you can physically sign your ALL RIGHTS RESERVED signature on a paper copy of the T&Cs. Video yourself doing this to back up any paper trail.
Paper trails are becoming less common and so if there is no physical record of your signature, use and VIDEO RECORD this sample conversation.
(45:00) All companies will have a written version of their T&Cs, even if it’s digital, so make sure you ask for and keep a copy.
SAMPLE CONVERSATION AT THE AIRLINE COUNTER
AC: You know you have to pre-pay for the quarantine before you fly?
You: I see. Can I ask, if I were to NOT agree to that, would you give me a ticket?
AC: No.
You: Oh. So let me get this right. You’re telling me that I don’t have the right to travel unless I agree to your terms and conditions. Is that what you’re saying?
AC: Yes.
You: It appears to me that you’re putting me under duress and making me make a decision against my will so that I can get onto this flight to get home. So I’ll accept that under duress.
Then go ahead and buy the ticket. It does not matter whether they understand what you’re talking about. Once you are doing something under duress you are not subject to their T&Cs.
(9:30) WHEN TO SIGN ALL RIGHTS RESERVED?
When you’re doing anything in agreement in a public capacity for example a driver’s licence, passport.
(25:50) PAYING IN ADVANCE BECOMING MORE COMMON
More people are learning how to discharge liabilities for debts. When you receive an invoice, you can turn it into a Bill of Exchange or a Promissory Note etc, in which case you discharge the liability for the debt and it goes away without using your own cash.
[You need to know what you’re doing to do this. We will upload a detailed course on this on the website soon; in the meantime information is available at Solutions Empowerment, Know Your Rights Group and others]
(5:30) TRAVELLING WITHOUT RESTRICTION TO AND FROM AUSTRALIA
You may have heard of people like Prof Dolores Cahill and others, who appear to successfully travel around their parts of the world without restriction. The are knowledgable, experienced and hold their position.
Not all parts of the world operate the same. The following information relates to travelling in and out of Australia and does not constitute advice.
The key is to know how to, and be comfortable with holding your position when TALKING to people.
(7:45) WHAT YOU NEED TO UNDERSTAND
Two important things to understand are: your passport and the Biosecurity Act 2015.
(7:50) PASSPORT – In the front cover of your passport it states
“The Government-General of the Commonwealth of Australia being the representative in Australia of Her Majesty Queen Elizabeth the Second, requests all those whom it may concern to allow the bearer, an Australian Citizen, to pass freely without let or hindrance and to afford him or her every assistance and protection of which he or she may stand in need.”
All those whom it may concern: includes all Australian officials — customs, boarder patrol, immigration, quarantine, police among others
To pass freely (travel) without let or hindrance: means they can’t tell you you can’t get into the country or get in your way
(8:30) BIOSECURITY ACT 2015 – https://www.legislation.gov.au/Details/C2021C00145
This ACT states that you do not need to quarantine unless
- you are showing symptoms
- and have been directed by the Federal Chief Health Officer
This means that nobody else, including airport, airline owners or employees have more jurisdiction than Australian Federal laws.
SAMPLE CONVERSATION ON ENTERING AUSTRALIA
Official: You’re coming into Australia so you have to quarantine.
You: Oh. Really. Hmm. Doesn’t the Biosecurity Act 2015 not state that somebody has to be showing symptoms to be asked to quarantine? So are you asking me to quarantine, based on you? Or is the Chief Health Officer asking me to quarantine? Because my understanding that only the Federal CHO can ask me to quarantine. Or you have to be something signed by them specifically giving directions asking me to quarantine. Now if you don’t have that, and I don’t have any symptoms, why are you asking me to quarantine? Because if you are asking me to quarantine then best case scenario is that you might lose your job, and worst case, well let’s not worry you about that at this stage…”
(13:30) If you are not knowledgable about this, stop there and focus on HOLDING YOUR POSITION.
(45:00) SAMPLE CONVERSATION ENTERING AUSTRALIA – PREPAID QUARANTINE
Official: You paid for quarantine when you bought your ticket, so you’ve already agreed to it.
You: Actually I did pay for it, but UNDER DURESS. Is there any form of contract that is valid when someone has gone into it under duress?
Offical: Huh? [Don’t wait for the answer, keep talking]
You: The answer is there is none. Here’s my signature clearly showing I have reserved all might rights/that I signed under duress [flash your evidence]. So let’s get back to my question. [RETURN TO HOLDING YOUR POSITION]
(15:00) PCR TESTING
According to the Biosecurity Act 2015, you cannot be asked to test without showing symptoms. By all means carry a digital copy of the Act, read through it, even memorise the specific chapters relating to quarantine and testing.
Be aware, it is NOT YOUR JOB to know this level of detail. However, any official asking you to do something based on this Act SHOULD KNOW THIS AS PART OF THEIR JOB what their actions are based on. If they don’t then they are incriminating themselves.
SAMPLE CONVERSATION (options to use following on from above)
Official: Biosecurity Act? I don’t know anything about.
You: Really? Aren’t you working in a public capacity right now? Is it not your job to actually know this? How is it that you can hold this position and be telling me and making false claims? Do you know I can hold that against you? Do you know I can hold you liable for that?I might have to serve a notice of liability on your right now. What’s your name? I need to write that down.
Official: [tries to interrupt, tell you you’re wrong etc]
You: [HOLD YOUR POSITION – keep talking and asking questions] No, no no, I don’t want to hear anything like that. You can take it back, but at the moment what you’ve done is you’ve made an assertion and claimed against me and apparently you don’t even know what the Biosecurity Act is. And that is gross incompetence and I need to take your name. What’s your name? You haven’t told me your name”
SAMPLE CONVERSATION (options to use following on from above)
You: Doesn’t the Biosecurity Act 2015 state that somebody has to be showing symptoms to be asked to get tested or quarantine?
Official: What Section is that? Where does it say that exactly?
You: No, no, no. It’s not my job. I’m asking you doesn’t it say that?
HOLD YOUR POSITION. Whatever they say that’s not answering your question, ignore it return to your question.
SAMPLE CONVERSATION (options to use following on from above)
You: No. that’s not the answer to my question. I asked you that does not the Biosecurity Act states that somebody has to be showing symptoms to be asked to get tested or quarantine?
Official: What are you talking about?I don’t know what you’re talking about.
You: That’s not my question. I don’t care about what you do or don’t know. I’m asking you for the third and final time, does not the Biosecurity Act states that somebody has to be showing symptoms to be asked to get tested or quarantine?
[Either they’ll agree that it says that, in which case you can walk out freely, or they’ll disagree. If they disagree, you can say]
You: Really? It’s my understanding that it says this, so have you got evidence that it doesn’t state that anywhere? Remembering that if you make a false claim here I’m going to hold that against you, so you maybe you’ll need to get a supervisor if this is above your pay grade.
Ask them by SETTING UP QUESTIONS. So rather than being too precise and sounding like a fancy lawyer, you only have to get them to admit that it IS, or say that it ISN’T (in which case they’re lying).
(18:30) PCR TEST OPTIONS
You can take the hard route (above) using the Biosecurity Act if you’d like, but if you prefer an easier route, accept getting the test and USE YOUR OWN GENERIC TEST KIT available at most chemists. Check it is not coated in Ethylene Oxide.
When it comes time to get the test, DON’T MAKE ANY CLAIMS; don’t agree or disagree. Rather ASK THEM QUESTIONS.
SAMPLE CONVERSATION WITH PCR TESTER
You: This [hand them your generic test] is what you’re going to use and you can test that. I’m not going to be using your test kit.
Tester: Why not?
You: Because I’m not comfortable with what might be in it and … [provide whatever info you want, but don’t expect them to read it or take it on board]
Tester: [no matter how they respond]
You: Hey listen, that may or may not be true. But it’s not an excuse to say that you’re not aware of anything like this. So by me noticing you, that’s notice to your superiors, your company [whatever organisation you’re dealing with], and the liability is not going to be on the company [whatever organisation you’re dealing with], it’s going to be on YOU. Not to the government department or any other organisation. It’s going to be on YOU. So you want to make sure you’re telling me the right things here otherwise I’m going to be giving you a notice of liability.
(21:00) MEDICAL EXEMPTION FOR PCR TESTING
Another option is to get a medical exemption. Doctors won’t give you an exemption if you simply ask for it. But if you give them enough reasons to warrant it, and they don’t give you an exemption, it will go against them.
What could warrant an exemption? Previous history of a broken nose, deviated septum, sinus issues, asthma, anything that affect the nasal area that would be aggravated by putting something up your nose.
Do they need previous medical history? No. Create a relationship where the doctor is on your side. You can say
SAMPLE CONVERSTATION WITH A DOCTOR RE PCR TEST EXEMPTION
You: I’ve got a real concern. I really want to do the right thing here. I want to do the test to make sure I’m not carrying anything. I want to keep others safe too. The problem is I’m getting really anxious, severe anxiety, because [insert your medical history]. It’s giving me real stress thinking about having to get this test.
I want you to write me a not that says I’m ok to get tested by I want a cheek swab or something else, but anything other than getting something up my nose.
I’d rather not talk about it because there was a lot of trauma and I’d rather not talk about it. But I’ve had severe issues.
The less you say the better. As you as you say ‘anxiety’ or ‘distress’ the doctor is under an obligation to not give you more anxiety or distress.
(48:00) AIRLINE DEMANDING PRC TEST BEFORE BOARDING
Some countries are demanding you take a PCR test before getting on a plane. Use all the techniques outlined above to
- get an exemption
- use your own swab test kit
- hold your position
You can also hold your position regarding them preventing you travelling, as per your passport (see 7:50 above). Be aware that you may end up not being allowed to get on the plane. Work out what YOU want to achieve and use this material to create that with ease.
SAMPLE CONVERSATION GETTING ON A PLANE
Airline rep: You need to have a PCR test to get on this plane.
You: Really? What compels me to take a PCR test? What’s your source of authority? Are you trying to prevent me from travelling? My passport right here says that I can travel freely without being hindered. What’s going on ? It seems to me that you’re breaking several laws.
Airline rep: We’re a private company and we can make our own rules.
You: Can you? Because you’re asking me to get a medical procedure. I don’t know of any private company that can ask me to take a medical procedure? What’s your job exactly? Are you a [police/airline employee/etc] What is your medical background and qualifications that allows you to demand I take a medical procedure? Because it sounds like you’re breaking the law. [HOLD YOUR POSITION, COME TO AN AGREEMENT, see below]
(24:00) QUARANTINE OPTIONS
Option 1 (worse case). ACCEPT IT but make it a GOOD/USEFUL thing. Set your mind right. Make it a POSTIVE that you’ve got two weeks to do what you want in a hotel/at home.
Option 2. COMING TO AN AGREEMENT Once you have reached the point in the conversation with the official (see above) that under the Biosecurity Act 2015 unless you are showing symptoms and they are not providing you with a source of authority to quarantine (ie a written request to quarantine with your name on it from the Federal Chief Health Officer), then quarantine is not required, and they continue to refuse to let you through, move to the next stage.
SAMPLE CONVERSATION COMING TO AN AGREEMENT RE QUARANTINE
You: Look, before we go any further, do we have agreement that I’m a man/woman?
Official: What?
You: Do we have agreement that I’m a man/woman?
Official: What are you talking about?
You: No, that’s not an answer to my question. It’s a simple question. Yes or no?
Official: Oh I’m not answering that.
You: Look you can do whatever you want, but for the third and final time, do we have agreement that I am a man? Am I a fridge, a banana, a fruitcake, or a man/woman? A simple answer will do. Yes or no. Or if you don’t have to answer, I’ll answer for you.
Official: [grumble grumble, blah blah, or they’ll agree]
You: OK we have agreement that I’m a man.
Official: So what? What does that mean?
You: Don’t worry about that. In order for you to tell me that I can’t walk out of here and that I have to quarantine, you have to have a SOURCE OF AUTHORITY to be able to ask that, right? I mean, I can’t just walk up to anyone, anywhere and ask them to sit in a hole for five hours, can I? So you must have a source of authority. What is your source of authority? You’re obliged as a public official to provide that to me if asked.
Official: Well, under the blah blah blah blah [Aviation Security/Police Powers/Omnibus Act blah blah etc]
You: Yeah, ok. So what you’re referring to as legislation, is that a law? [HOLD YOUR POSITION – NOTES ON LAW vs LEGISLATION at the end] Great, so it’s not a law, is it? So what is compelling me to go ahead with this, against my consent, because I don’t consent to it if I haven’t said that to you already. I don’t consent to this, and now you’re telling me you have authority over me to make me do this. What’s your source of authority?
Official: [blah blah blah Act blah blah – gently interrupt them if they’re trying to undermine your POSITION]
You: Look excuse me, can we get back to my point? We’ve agreed that I”m a man/woman, ok? So if your source of authority is an Act, what Act applies to a man/woman?
Official: Huh? What are you talking about?
You: No that’s not the answer to my question. Look I’ve read through hundreds of Acts and I can’t find any that apply to a man or woman. So what Act are you referring to that applies to me?
We’ve already agreed that I’m a man/woman, so how is it that you have authority over me? I’m really confused about this? I’ve told you I don’t consent to quarantine. You haven’t been able to provide a valid source of authority to make me do anything.
So where do we stand on this? Because at the moment you’re looking like a fool and I’m going to hold that against you. You’re in a public capacity and you’re not providing me anything I’m asking for. You’re giving me gibberish. Firstly I can bill you for my time (my time is not free by the way), and second you’re really getting yourself into trouble. The best case scenario you might lose your job and get a fine. Worse case scenario I’ll get a lot of money out of you and you’ll probably go to jail.
At this point they’re likely to be confused and doubting, so offer them an easy way out. Remember, you are not doing this to make them wrong; you are doing this to get the result you’d like.
SAMPLE CONVERSATION COMING TO AN AGREEMENT RE QUARANTINE CONT.
You: So I think we can come to an arrangement here. Now, are you worried about people’s health? ‘Cause I am too. So what I’m going to suggest is that you don’t have to worry about me, I’m clearly showing no symptoms, so what I’m going to do, for YOUR peace of mind, I’m going to quarantine at my residence.
I’m going to a place, where I’ll hang out for a few weeks/month to write a script/start a business/whatever and my plan is to have some downtime.
I’m not even going to leave that place. I’ve organised people to bring me food. So I’m happy to quarantine there for a few weeks. For your peace of mind that’s what’s happening anyway. It’s just that I’m not going to that hotel under duress without my consent.
This is holding your position about not consenting to quarantine. The conversation above is probably more detailed than you’ll need. The basic points are:
- You don’t consent
- Question the source of authority (it won’t exist)
- Come to an agreement
(31:30) PUT YOURSELF IN THEIR SHOES – CONFIDENTIALITY AGREEMENT
Don’t shoot yourself in the foot by causing a scene. The official will likely not want other people to see them let you through without going to the quarantine line. So suggest you talk somewhere else, for example
“Shall we go and talk about this over there?”
“We’re not having this conversation here, let’s go over there”
You might be talking to their superiors now. Say something like
You: It’s pretty clear this is optional. If you haven’t provided me a valid source of authority and I haven’t consented then you can’t force me. I’m happy to sign a confidentiality agreement. I know you’re between a rock and a hard place. And you might not even personally agree with what you’re being asked to do. So I’m happy to sign a confidentiality agreement so no one will ever know.
(35:00) GOT MONEY? BUY YOUR WAY OUT
All the rich people and celebrities buy their way out. That’s an option if you have the money.
(39:00) WORST CASE SCENARIO
Sometimes, no matter what you say or do, things might go wrong from the beginning and they call the police.
If the worst happens, do not resist, do not fight, remember these key words
- I’LL COMPLY
- UNDER DURESS
Comply and consent are very different things. Using the words “I’LL COMPLY UNDER DURESS” sets you up to take legal action against them later.
SAMPLE CONVERSATION WORST CASE 1
Official: You have to come with me.
You: Hang on, did you just say I have to come? Did I hear that right? So you’re saying I have to come with you? Sorry, what source of authority is compelling me to come with you? What law is that? You just said I have to come with you? What’s your source of authority.
REPEAT YOUR QUESTIONS – HOLD YOUR POSITION But, if the WORSE happens.
SAMPLE CONVERSATION WORST CASE 2
You: I’ll comply under duress. You’ve got me surrounded, you’re armed, I’m outnumbered, I’m not going to put up a fight here. I’ll go along I’ll come with you but this is only UNDER DURESS and I’m noticing you right now that you’re breaching my civil rights, you’re assaulting me and I am going to be reporting you for this and I am going to be holding you liable as soon as I can. I’ll be on to your superiors as soon as I get to the phone and I’m not getting off the phone until I’ve got someone taking me out and to take you away to a disciplinary hearing and to review your position and I’m going to make sure you’re fired.
(42:30) SAMPLE CONVERSATION WORST CASE 3 RELAXED OFFER
You: Here’s what’s going to happen if you don’t let me go right now. I understand you’re just doing your job. I understand that. I feel like I’m being put out. I can charge you for my time, but in order to keep the peace and let you feed your family and let me feed mine, I’ll sign a confidentially agreement so no one knows what transpired here. I’ll go my way and you go yours. And then it’s done and dusted.
(43:30) SAMPLE CONVERSATION WORST CASE 4 FOLLOWING UP
You: “I’ll comply under duress. I’m noticing you that I will be taking this up with your superiors and I will be reporting you and I will be filing charges afterwards”
Official: “What charges?
You: “You don’t have to worry about that. I’ll look after that. You’ll get a letter in the mail. [or you can add] Breach of the peace. Assault. Threatening me. Putting your hands on me. That’s assault right there.”
Officials are getting away with abusing our rights because people are not making them liable for their abuse. If we don’t make people liable for and take action against people who abuse us, then the abuse will continue.
***
NOTES: What is LAW?
Many people assume that law=legislation=Act=legal. They are not.
LAW is a binding custom or practice of a living community designed to keep the peace, do not harm or cause loss, and as a community-agreed framework for punishing those who do harm and cause loss, as agreed by the living community.
LEGISLATION is made by parliaments, also known as statue law, statues, or Acts of Parliament. This means that parliaments can make any legislation they like even if it is contrary to the binding customs or practice of a living community and against what most people would regard as their basic right.
LAWFUL relates to the substance of law, applies to the living.
LEGAL relates to the form and usages of law, applies to entities.
This is by no means an exhaustive discussion about LAW. Tom may delve into this in the future. If you would like to learn more about this now, please visit
knowyourrights.com.au
