Court battle to release medical advice on lockdowns

The Andrews government refuses to hand over material central to lockdown decisions, but a court battle supported by the Jim’s Mowing founder could bring it to light.

A fight for access to the advice behind Melbourne’s world record lockdown is developing in a legal test case against the Victorian government.

Jim’s Mowing founder Jim Penman is backing a claim for lockdown compensation, brought by one of his franchisees, and said the government was refusing to hand over critical material central to lockdown decisions.

Mr Penman, speaking exclusively to the Herald Sun, said he hoped the case would set a precedent for future lockdowns.

“We’ve got to learn how to do this better. We’ve got to learn how to slow the virus without unnecessarily smashing tens of thousands of workers,” he said.

“The damage this kind of stuff causes is enormous. So yes, if there’s genuine reasons for lockdowns let’s do it. But if they're not its just cruel, brutal and unnecessary.”

Mr Penman is challenging lockdown rules from Victoria’s second wave that stopped sole traders working, even if they worked outside, alone and didn’t come into contact with anyone else.

Jim’s Mowing founder Jim Penman is backing a claim for lockdown compensation. Picture: Jason Edwards

“What we want to do is set a precedent that says when you shut people out of work you need to have a reason for it,” he said.

“You need to be able to actually say, by doing this, we’re saving lives.

“It’s obvious that not going to churches, and you know massive football crowds, no question at all that will save lives.

“There’s good evidence for that, yes of course, lets support the government.

“But when you’re going to do something which has no effect at all, and they can’t even produce one skerrick of evidence, and we’ve asked for it, we’ve demanded it again and again.

“This has implications for all of Victoria. If we can show that there was no valid reason for it, the next time they try to shut down people without reason, well here’s the precedent.”

Small Business Australia executive director Bill Lang said a lack of transparency around lockdowns had been one of the great frustrations of business owners.

“We have heard day after day from the Premier and the chief health officer that they are following the ‘health advice’ … without ever revealing to the public what that health advice actually said,” he said.

Victorian chief health officer Brett Sutton. Picture: Getty Images

“These decisions that have been made have ripped billions from the Victorian economy and destroyed the life savings of small business families who have been unable to earn an income, not to mention the devastating mental health impacts of isolation and financial stress, yet the public have no idea of what the options available were or the choices that the Victorian government and their health bureaucrats had to decide between.

“At Small Business Australia we are supportive of any and all efforts to end this reign of secrecy that has ruled through this government, we always believe that sunshine is the best disinfectant and urge the Victorian government to release the health advice – so we can see why you chose the path you did and whether there was another way suggested that did not involve destroying the financial future of hundreds of thousands of your citizens.”

The state opposition has repeatedly called for the government to release the advice underpinning its lockdown decisions.

The case, before the Victorian Civil and Administrative Tribunal, continues.