Clock ticking on Victoria’s state of emergency

The state government is facing a major legal headache when the current state of emergency – which cannot be extended – expires in December.

The state government could have just two weeks to reach agreement with concerned crossbench MPs in order to force through what is expected to be a hugely revamped pandemic management Bill.

If the Bill is defeated, deadlocked or delayed on Thursday, the government will face a ticking clock before the current state of emergency – which cannot be extended – expires on December 15.

There is only one sitting week scheduled, November 30 to December 2, before that date. But in order to get the Bill through, the government will likely need to make major concessions, such as allowing tougher oversight powers.

Protesters have made their feelings on the pandemic bill clear. Picture: Jake Nowakowski

If the government cannot compromise and the state of emergency expires, it will be unable to enforce Covid measures beyond mid-December.

Attorney-General Jaclyn Symes has this week acknowledged that could have “significant effects”, including on mandatory vaccination rules.

“Mask requirements, particularly in high-risk settings such as public transport and healthcare settings, will be put at risk,” she said.

In order to pass the Bill, the government needs the support of four of the upper house’s 12 crossbench MPs.

While it has won the support of three, nine have said they vehemently oppose the passage of the Bill.

The Victorian government may not be able to enforce mandatory vaccinations if it the state of emergency isn’t extended. Picture: Getty Images

Sustainable Australia Party MP Clifford Hayes said the government would have to redraft the entire Bill to convince him to vote for it.

“The government has drafted this Bill in secret with three crossbenchers, and it appears that they will be working with the government to steamroll this Bill through, but it is a dangerous Bill, and it urgently needs to go back to the drawing board,” he said.

Transport Matters Party MP Rodney Barton said he was unconvinced the Bill was needed “right now” while Shooters, Fishers and Farmers Party MP Jeff Bourman urged the upper house to “gut the whole Bill”.