The First Confirmed COVID-19 Case in Australia - Law Assignment Help

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Question 1: The first confirmed COVID-19 case in Australia was on the 25th January 2020. At this time there was clear scientific information that established the nature of infection: its severity, its pattern of spread and means of control. In particular, it was known that the only mechanism to reduce the spread of the virus was to break the chain of infection and this could only be achieved by considerably limiting human contact, using hand sanitiser, and wearing masks. On the 18th February 2020 Prue began her annual vacation at a yoga and meditation retreat at Yoga Palace Pty Ltd (Yoga Palace) in Sydney. The retreats were run once each month.

Yoga Palace was famous for these retreats, called “NAMESTE HOTWAY”. Prue was one of 150 devoted yogis who sat closely together, without movement, in a closed and airless room for 10 hours a day for 20 days. No talking or communicating with the outside world was allowed. The room was heated to very high temperatures. All participants had to undergo a heart and cholesterol check before taking part in the retreat. Prue had been given a package of information about the retreat stating that physical distancing was not possible. Hand sanitiser and masks were not mentioned. The information package included a consent form which Prue signed. The consent stated that ‘Hot Yoga is dangerous. Yoga Palace will not be held liable for any physical or mental or economic harm caused by participating in the NAMASTE HOTWAY retreat.’ Yoga Palace had on the 30th January mandated COVID-19 testing for all employees. Yoga Palace had also mailed and emailed the cohort of yogis who had attended the NAMASTE HOTWAY retreat at the Yoga Palace in January 2020 with a form. The form asked the yogi whether or not they had experienced flu like symptoms. One of the forms received by return mail to Yoga Palace by a yogi from the January retreat stated that they had tested positive for COVID-19. While the form had been mailed by the infected yogi on the 2nd of February Yoga Palace did not find the form until the 25th February.

This was 7 days after Prue had started the course. None of the 150 participants, including Prue were told by Yoga Palace during their course that one devotee from the previous meditation retreat exhibited virus symptoms. Teaching materials and exam resources provided to you at UTS are protected by copyright. Students are reminded that copying or sharing of these materials can constitute misconduct. Page 3 of 4 Yoga Palace has since apologised to all yogis at Prue’s February retreat. They identified the reason why the February retreat of yogis were not informed before their retreat began of the presence of coronavirus at the January retreat to be due to a ‘mail room error’. The error occurred due to the carelessness of Kris, a high school student, who was on voluntary work experience with Yoga Palace. Kris had little understanding of mail rooms – not being trained in mail room protocols - and had mistakenly muddled up the mail with homework and taken it home unopened. It stayed that way until her school exams – when she found the mail on the 25th of February and handed it to Yoga Palace. Prue tells you that if she had known of this positive case she never would have attended the February retreat and she would have left immediately upon being told of it.

Question 2. Jane is a professional football player. Jane also works a few hours a week helping out the South Sydney Horses (SHS, a local football club). She works on their grounds and uses their equipment. Jane coaches 15 players for 6 hours per week – 6-9pm on a Tuesday and Thursday night. She is paid an hourly rate for her coaching and while coaching wears a brightly coloured SHS ‘Football Coach’ jacket. These arrangements are governed by a short standard form contract which Jane signs each season setting out the hours she will work and the teams she will coach as well as the hourly rate of pay. Jane can coach anyway she chooses but is directed by SHS as to time, duration, and the names and numbers of players.

On the SHS grounds a large and state of the art 3D football training complex is being built. It is almost complete.

This is of incredible interest to Jane and the football team she coaches. The security company which is contracted to patrol the site is ACME Pty Ltd. Without asking anyone at SHS Jane arranges with Margaret, who works for ACME Pty Ltd as the Security Guard for the building site, to allow the team onto the building site for a ‘look around’ after training.

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