What you need to know about the pandemic Bill

Over the course of the week, the Andrews government will try push its controversial pandemic Bill through parliament - here’s what you need to know.

What is the legislation?

The Victorian government first declared a state of emergency, under the Public Health and Wellbeing Act, in March last year. A state of emergency has previously been used during natural disasters, such as fires. Following the world’s longest lockdown – also among the harshest – the government has been pushed to introduced pandemic-specific laws to support the ongoing management of Covid-19 and any future pandemics. It would give the Premier power to make a pandemic declaration on the advice of the chief health officer and Health Minister. The current state of emergency is set to expire on December 15.

Why is it being done?

Without the state of emergency the Chief Health Officer would be unable to force many of the restrictions that have been introduced to combat COVID-19, including limits on movement and mandatory mask rules.

When will it be debated and by whom?

Despite serious concerns about flaws in the legislation, the government used its numbers to push the Bill through parliament’s Labor-dominant lower house last week. It will now be introduced to the upper house today. The government will need the support of three crossbench MPs to pass the legislation. Those MPs, as well as the opposition, are expected to move amendments as the Bill is debated and voted on over the course of this week.

Why is the legislation controversial and who has raised concerns?

A string of legal figures and human rights bodies, including the Victorian Bar and Victorian Equal Opportunity and Human Rights Commission, as well as business figures, have raised concerns about the extraordinary powers of the Bill. Among key concerns is that it would give authorised officers the power to detain people if they are satisfied detention is “reasonably necessary” to reduce or eliminate risks to public health, and will introduce the harshest fines in the country for noncompliance. Victorian Bar president Christopher Blanden, QC, said the government’s attempt to rush it through parliament “doesn’t add up to good democracy in my book”. “It’s a disgrace,” he said.

Originally published as What you need to know about the pandemic Bill