However, the Law Institute of Victoria stated that wearing a face covering during a pandemic does not violate human rights and argued that the direction to wear a face covering is not contrary to human rights.

LIV pointed to the Charter of Human Rights and Responsibilities Act 2006 (Vic) (“the charter”) which contains 20 rights that promote and protect the values of freedom, respect, equality and dignity, which continue to apply during a state of emergency. 

“These rights however are not absolute and may be limited,” noted LIV.

LIV said the charter also requires public authorities, including all staff who work in state government departments, agencies and local government, to give proper consideration to and act in a way that is compatible with human rights. 

This comes after a woman claimed it was her right not to wear a face mask at a Bunnings Warehouse in Melbourne which drew criticism from health and legal experts.

The woman was told she would need a medical certificate to be exempt from wearing a mask, while another staff member explained it was a condition of entry into the store.

Lawyers Weekly understands the woman, who did not seem to have a medical exemption, told Bunnings staff they had no right to question her or force her to wear a mask.

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“It is unlawful and it is discriminatory and it is illegal and I’m going to continue going in here and getting what I need because it is unlawful for you to do that,” she said in the video. 

“It is in breach of the 1948 charter of human rights to discriminate against men and women.

“It is my right as a living woman to do whatever I want.”

Associate Professor Luke Beck from the Faculty of Law at Monash University said that the woman in the video clearly broke the law.

“The requirement to wear a mask, that’s the law. There’s a legal obligation on all of us to wear a mask. The law says that unless those exceptions apply, you must wear a mask,” he told the media.

Exceptions include having a medical condition that impairs your ability to wear a face covering, such as asthma and a need to lip read, or an inability to do your job while wearing a mask. 

Children under 12 are not permitted to wear a mask and those under two must not wear one because they are at risk of choking and suffocating.

Associate Professor Beck said it was “perfectly acceptable” for a shop to ask its customers to wear a mask when they enter the premises if they had no medical exemption, and that managers have the right to ask them to leave if they refuse.

“Bunnings is not doing anything wrong at all,” he said.

“In fact, Bunnings potentially has a legal obligation to exclude people like her, not merely because she’s breaking the law herself, but by not wearing a mask she’s potentially putting other people in the shop – employees and other customers – at risk.

“There’s no good excuse for people like her to be doing that. She’s harming other people.”

The Victorian Human Rights and Equal Opportunity also confirmed that in a state of emergency, the [chief health officer] can make directions and has rejected claims that it’s a violation for retail staff or Victoria Police to ask you to wear a mask.

Dr Matt Collins QC told 3AW that there were no legal grounds either and that claims that their human rights have been violated cannot be substantiated. 

“In fact, human rights and legal experts say these peoples’ claims are laughable,” he said.

“No, there’s no human right entitling you not to wear a mask.

“You can be fined (for refusing to wear a mask), and if you refuse to give your name and address and details to enable the fine to be processed, you can then be arrested.”

LIV said that when the COVID‐19 Omnibus (Emergency Measures) Bill 2020 (“the bill”) was introduced to Parliament, it was accompanied by a “statement of compatibility”.

LIV noted that although the statement of compatibility for the bill did not directly address a requirement to wear a face covering, which is a subsequent measure, it is arguable that the same reasoning applies. 

“As noted by the United Nations Human Rights Committee, the duty to protect the right to life includes an obligation to adopt any appropriate laws or other measures, to protect life from all reasonable and foreseeable threats,” LIV stated.

The state of Victoria recorded 532 new COVID-19 cases with six new deaths on Monday.