Has miley committed an offence under s 10 of public health

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Reference no: EM133338731

Sam and Kate live in Parramatta. On Sundays, Sam assists his local church in Wentworthville with setting up for Mass. The couple has twin daughters, Miley and Samantha, who are 25 years old and do everything together. They live in their own home just around the corner from their parents. As the owner of her own business, Miley makes large specialty cakes for events such as weddings. Before March 2021, she baked all of the cakes at home but then moved the business to a shop called Cake Galore in Parramatta. Samantha, her twin sister, occasionally assists her with the cake shop on the weekends. About once a month the entire family travels together to their farm in Hazelgrove to take a break and do some maintenance on the property.

The family made plans to head to the farm on Friday 25 June 2021. Sam and Kate headed down to the farm on Friday afternoon. They set out early because it was about a three-hour drive. They planned to stay for the weekend and return home on Sunday. Miley and Samantha were also intending to travel to Hazelgrove on Friday. However, they did not travel as they had substantial cake orders to organise for that weekend.

On Saturday 26 June 2021, Miley and Samantha headed to Cake Galore to finalise orders for the next day. The shop not only sold specialty cakes but also had specialty sweets in the window that could be purchased with the option of coffee eat-in or takeaway. Saturday was a very busy trading day; both sisters were busy with customers throughout the day. They stayed at the shop during Saturday night and into the early hours of Sunday morning to organise orders for Sunday. On Sunday morning, Miley had a large wedding order that she had to deliver to a wedding venue located in Wentworthville. She told Samantha to wait at the shop and serve her customers. When Miley arrived outside the wedding venue and took the cake from her car, a police officer approached her and said, "What are you doing?" You know you are not allowed to be away from home, let alone working and delivering cakes for weddings when all weddings are cancelled, and all workplaces have been directed to close!" Miley replied, "I am only delivering the cake for the wedding and heading back to my shop". The police followed Miley back to Cake Galore and saw that Samantha was serving takeaway coffee and cake to customers. They issued both Miley and Samantha fines under s 10 of the Public Health Act 2010 (NSW), for failure to comply with the Public Health (COVID-19 Temporary Movement and Gathering Restrictions) Order 2021 ('the Order').

Sam and Kate spent Saturday 26 June 2021 doing maintenance on the farm at Hazelgrove. Sam was cooking a BBQ dinner at about 6 pm. Kate was playing games on her phone when she saw the public announcement about the lockdown in Greater Sydney. She said to Sam, "Look at this! Sydney is under lockdown tonight! We should go home now!" Sam replied, "I am sure it is fine, let's just stay here for a couple of days and have a holiday". Sam was tired from yard maintenance and went to sleep late in the afternoon of Sunday 27 June 2021. Kate was bored so she decided to leave and watch a movie at the Hazelgrove outdoor cinema. She was keen to watch the newly released Batman Begins film. When she arrived, she quickly got a spot at the back of the outdoor cinema. It was very cramped as the cinema was popular with local residents. There were around 100 people in attendance. The local police stopped and started checking people's drivers' licences to see if anyone there was from Sydney. The police officer said to Kate, "You are from Parramatta. You are not supposed to be here." They followed her back to the farm and the police issued both, Sam and Kate, a fine under s 10 of the Public Health Act 2010 (NSW), for violating the Order.

You may assume that Parramatta and Wentworthville are within the Greater Sydney Region and Hazelgrove is outside the Greater Sydney Region. Answer the below question using the IRAC method:

1. Has Miley committed an offence under s 10 of the Public Health Act 2010 (NSW)? Would your answer to this change if Miley was also a guest at the wedding on 27 June? If so, how?

Make reference to s10 of the Public Health Act 2010 (NSW) and the Public Health (COVID-19 Temporary Movement and Gathering Restrictions) Order 2021.

Reference no: EM133338731

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