Battle to reveal secret government data that decided curfew
Government data that was used to impose Melbourne’s curfew could potentially remain a secret to the public despite a Supreme Court legal battle.
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Secret government data relied on to impose Melbourne’s curfew should be released in full to determine the legality of the harsh measure, a court has heard.
Lawyers challenging the 9pm to 5am curfew in the Supreme Court have argued the data and other still undisclosed government information is central to the case which has now been set down for trial next week.
Deputy Public Health Commander Michelle Giles, who signed off on the current lockdown, has told the court she acted without any influence from Daniel Andrews or his office.
An infectious diseases expert, Prof Giles had spent nine days in the role when she signed off on the curfew.
She said she relied on government data that proved “a clear and direct correlation” between stage 4 restrictions and a reduction in case numbers.
But the data has not been tendered in court, with lawyers representing the state government flagging they would resist the production of the data on public interest immunity grounds.
Vanessa Plain, representing Michelle Loielo who is challenging the curfew, said in circumstances where that data has informed a decision to sign a direction imposing a curfew, it should be made public.
Ms Plain said the decision could not be tested without that data being put before the court.
“It is critical that data be produced and is before the court so we may test the way in which Dr Giles reached the conclusion the orders were rational,” she said.
Prof Giles could be called to be cross examined when the trial gets underway next week.
In an affidavit before the court she has maintained the curfew was justified from a public health perspective.
While Daniel Andrews has defended it as an important tool to assist law enforcement, Prof Giles said they played no part in her consideration.
“At the time of making the Directions, I considered that we were at a pivotal turning point in the trajectory of the virus in Victoria. I consider this is still true now,” she said.
“In reaching this conclusion, I was not influenced in any way by the comments attributed to the Premier in the media. I did not feel restricted, inhibited or hampered by those comments.”
Victoria’s curfew was put in place on August 2 to run from 8pm to 5am.
From September 13 it was loosened by Prof Giles to 9pm to 5am and was due to expire on October 11.
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