New SA Covid laws threaten jail time for serious breaches

Serious breaches of health rules could soon result in jail time after the Premier secured a surprise deal to get new laws through parliament.

New Covid-19 laws that threaten jail for serious breaches will pass state parliament after Peter Malinauskas secured a surprise deal.

In a decision that caught the opposition off guard, the Premier revealed changes to public health legislation would pass the upper house this week with the support from the Greens and SA Best.

But the opposition rejected the idea of jailing people for Covid breaches.

Under the laws – which will allow the emergency declaration to be scrapped by June 30 – a maximum penalty for pandemic breaches is two years’ jail or a $75,000 fine for business and $20,000 for an individual.

The Public Health Act will enforce Covid isolation, vaccination mandates and mask use in high-risk settings, such as hospitals or nursing homes.

MLC Connie Bonaros with Premier Peter Malinauskas and Health Minister Chris Pictio

Under changes the Greens and SA Best sought in confidential talks, a parliamentary oversight committee will be formed and there will be an appeals process for people handed penalties. An opposition proposal to scrap jail terms and slash fines by a third – revealed in a leaked document – were ignored after Liberal MPs failed to produce critical draft legislation.

Mr Malinauskas said moves to strip penalties was a “red herring”. “We haven’t seen any evidence whatsoever of either a court or SA Police acting in a way that would be described as heavy handed,” he said.

Police Commissioner Grant Stevens will now consider when to scrap emergency powers. Breaches in NSW, Queensland and Tasmania are punishable by a fine and/or a maximum six months in jail. Victoria, NT and ACT laws only give fines.

Asked if he had outflanked the opposition, the Premier said: “Clearly, they’re going to have to ask themselves questions about their real preparedness to make … changes.”

Greens MLC Robert Simms hailed the “really important breakthrough”, while SA Best’s Connie Bonaros said the changes were important.

An opposition spokesman said: “Labor did a quick backroom deal because Peter Malinauskas is desperate to have the power to lock up (people) and dish out huge Covid-19 fines at the drop of a hat.”