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Government ordered to release legal advice on extension of Melbourne’s curfew

It can be revealed that it took just two emails to convince Deputy Public Health Commander Michelle Giles that Melbourne’s curfew was necessary. It comes as lawyers for the government were ordered to release the legal advice relied on to extend the lockdown measure.

Victoria police were not consulted and did not ask for a curfew

Secret government data relied on to extend Melbourne’s curfew was contained in just two daily emails, it has been revealed.

In a Supreme Court case challenging the curfew, Deputy Public Health Commander Michelle Giles has testified that the two daily emails convinced her the curfew was necessary.

Prof Giles has told the court she relied on government data that proved “a clear and direct correlation” between stage 4 restrictions and a reduction in case numbers.

The government has claimed public interest immunity in a bid to keep the data secret.

But in an affidavit filed on Thursday Prof Giles said the data she relied on was contained in two emails: a daily Outbreak Summaries Report and a separate COVID-19 Intelligence Report.

She said the Outbreak Summaries Report contained details about all new outbreaks and complex cases.

The intelligence report, prepared by an expert inside the Department of Health and Human Services, contained statistics on the number of confirmed cases and number of cases with no known source.

The report also detailed whether new cases were linked to outbreaks, how many of those cases were under investigation, and demographic details, such as age.

Almost all of that information is made available by Daniel Andrews at his daily press conferences.

Unica Cucina e Caffe restaurant owner Michelle Loielo is taking the Victorian government to court. Picture: Jake Nowakowski
Unica Cucina e Caffe restaurant owner Michelle Loielo is taking the Victorian government to court. Picture: Jake Nowakowski

“The two daily documents that I have described above are the ones that contain the primary data that I was referring to,” Prof Giles said.

Lawyers representing Michelle Loielo, a Liberal Party member challenging the curfew, will fight for the release of the emails, which are estimated to run to almost 2000 pages, on Monday.

On Thursday, lawyers for the government were ordered to release the legal advice relied on to extend the curfew.

Supreme Court justice Tim Ginnane ruled it was to be made available by 5pm.

Prof Giles said she relied on the advice to ensure the curfew complied with the Charter of Human Rights and Responsibilities.

It included 10 individual assessments by the Legal Services Branch of the Department of Health and Human Services.

However nine of those assessments have not been produced by the government amid a claim of legal privilege.

Justice Ginnane said lawyers challenging the curfew had the right to inspect the documents.

He said because Prof Giles said they factored in her consideration, the contents of those legal assessments or advices was in issue.

Prof Giles, who had spent nine days as the state’s Deputy Public Health Commander, said she relied on the data that proved “a clear and direct correlation” between stage 4 restrictions and a reduction in case numbers.

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.

Asked on Thursday whether the curfew could be scrapped with an easing of restrictions on Sunday Daniel Andrews said he had no announcements to make.

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shannon.deery@news.com.au

Original URL: https://www.heraldsun.com.au/coronavirus/government-ordered-to-release-legal-advice-on-extension-of-melbournes-curfew/news-story/144128fae30ccc296716322dc4f8b792