Andrews government’s pandemic Bill under fire from human rights watchdog

Former federal adviser Nick Coatsworth has blamed Victoria’s “heavy-handed” approach for dividing the state and sparking protests.

Leader of the opposition in the upper house, David Davis. Picture: Ian Currie

A former federal health officer has blamed the Victorian government’s “heavy-handed” approach for recent protests, as demonstrators continued to gather outside parliament on Monday morning.

Dr Nick Coatsworth told the Today Show that Victoria had become “in many ways a divided state”.

“Some of that has to be due to some of the more heavy-handed approaches of government, people pushing back against that,” Australia’s former deputy medical officer said.

“You don’t see it anywhere else in Australia and you have to ask yourself why.

“I mean we’re all Australians; why are Victorians taking the position that they feel the need to protest?

“I think that the government needs to have a long, hard look at itself as to why that might be.”

Dr Coatsworth, who helped oversee the Commonwealth’s Covid response between March and October 2020, made the comments after demonstrators gathered to oppose Victoria’s proposed pandemic Bill.

Dr Nick Coatsworth was Australia’s deputy chief medical officer during the pandemic’s initial months. Picture: Getty Images

A small group of protesters assembled on the steps of Victoria’s parliament on Monday, having vowed to “occupy Spring St” until the Bill is dismissed.

Some reportedly slept there overnight, and they were encouraging more people to join during the day, posting on social media and messaging in encrypted chats.

A police spokeswoman said they were aware of the demonstration.

“Police and Protective Service Officers would continue to monitor the peaceful protest to ensure that public safety is maintained,” she said.

These are some of the protestors who have vowed to camp out at the steps of Parliament in protest against proposed new pandemic laws. One man tells us he’ll be here all week. #[e-mail]/jEdirCpjZR

— Mitch Clarke (@96mitchclarke) November 15, 2021

It capped off a much larger demonstration on the weekend, with thousands taking to the streets on Saturday and chanting “Kill the Bill” as they marched through Melbourne’s CBD.

While the protest was peaceful – unlike the violence seen at previous anti-lockdown demonstrations — critics have expressed concern over violent placards and symbols carried by some members of the crowd.

One demonstrator was photographed holding three nooses at the rally, while a leading Jewish group slammed posters depicting Premier Daniel Andrews as Adolf Hitler.

A gallows with nooses is seen during a rally against the state government’s proposed pandemic laws, in Melbourne. Picture: Daniel Pockett

Andrews government minister Danny Pearson on Monday said Victorians had every right to protest against the controversial legislation.

But he urged protesters to do so in a respectful manner.

“I would just encourage people to think about their actions. People need to be very careful about their conduct and behaviour and I just don’t think those images do justice to who we are as a state,” Mr Pearson said.

“There is absolutely no place for violence, or threats to violence, in a tolerant and pluralist society like Victoria.”

Mr Pearson said he felt “very confident” that the government had reached the right conclusion with their draft pandemic laws.

Minister for Creative Industries Danny Pearson. Picture: David Geraghty

“We’ve gone out, we’ve consulted and we’ve listened,” he said.

“This legislation has been drafted based on what we’ve learnt over the course of this pandemic.

“I think on any legislation, you’re going to have a diversity of opinions. People will feel different ways on any Bill on any given day. From the government’s perspective, we passed the Bill, it’s before the parliament, and we’ll work our way through that over the course of the week.

“These are extraordinary times. We will wait and watch with interest.”

Mr Pearson said he wasn’t privy to ongoing discussions about potential amendments to the legislation, but he said: “Those discussions would be ongoing this week”.

Speaking about the protesters’ pledge to camp out on the steps of parliament for at least the next four days while the Bill was debated, Mr Pearson said: “They absolutely have the right to demonstrate, and if they choose to spend the next three or four days on the steps of state parliament, that is entirely a matter for them and it’s in their rights to do so”.

When asked if he supported calls from the crossbench to implement personal security for all MPs where required, he said more advice was needed.

“Everyone, no matter what their job is, have a right to feel safe in their workplace,” he said.

Protesters on the steps of Parliament House on Monday. Picture: Andrew Henshaw

A small crowd gathers at Parliament House. Picture: Andrew Henshaw

BILL RAISES HUMAN RIGHTS CONCERNS

The group’s vow to keep protesting comes as the Premier seeks to push the Bill through the upper house this week.

Victoria’s human rights watchdog has raised serious concerns about the Andrews government’s controversial Bill.

The Herald Sun can reveal Victorian Equal Opportunity and Human Rights Commissioner Ro Allen raised the concerns with Attorney-General Jaclyn Symes, including a controversial clause that would allow the government to make targeted pandemic orders based on specific attributes, including a person’s age, gender or marital status.

They could also be made based on political beliefs, industrial activity or religion.

“A clause like this only enhances the need for certainty that any pandemic orders made will be compatible with the Charter of Human rights,” a VEOHRC spokesman said.

“It is the Commission’s view that the Bill should require pandemic orders to be compatible with human rights in the Charter.

“While the proposed Bill makes clear that the Charter of Human Rights and Responsibilities will continue to apply when pandemic-specific powers are being exercised, we think that exactly how the Charter applies should be further clarified.”

The protest against the Pandemic Bill on Saturday. Picture: Alex Coppel

Protesters gather in their thousands and threaten to continue their campaign. Picture: Alex Coppel

The commission also recommended that the pandemic measures be “time-bound” and that safeguards be put in place to ensure people who may struggle to comply with the orders, such as those with a mental illness or disability, are not adversely affected by increased penalties.

The Public Health and Wellbeing Amendment (Pandemic Management) Bill 2021 has already passed the lower house and will be introduced to the upper house this week.

Under the legislation, the Premier would have the power to make a pandemic declaration following consultation with the chief health officer, and extend it in three-month blocks for as long as considered necessary.

The state’s chief health officer would be stripped of the ability to make special orders, with that power instead transferred to the health minister.

It would give the government virtually unlimited capacity to restrict movement, ban public gatherings, close businesses or order quarantine requirements. The power to declare a pandemic would exist even if there had been no cases of a specific disease in Victoria for some time.

MPs have been advised parliament could sit an extra day to ensure the Bill passes.

It will require the support of three key crossbenchers – the Greens’ Samantha Ratnam, Animal Justice Party’s Andy Meddick and Reason Party leader Fiona Patten, who have all indicated their support, subject to some amendments.

Assistant Treasurer Danny Pearson refused to specify on Sunday what amendments the government was considering.

The state opposition will attempt to move more than a dozen amendments, likely to include:

• POWERS for either houses of parliament to reject orders made under the legislation;

• PARLIAMENTARY oversight to debate every month whether the pandemic status should be continued;

• ANY rollovers to require a special majority of three-fifths of the chamber;

• AN oversight committee, with a non-government majority, created to control the legislation;

• THE release of all health briefs since the start of the pandemic, with any new orders to be tabled in parliament within 24 hours; and

• THE removal of the attributes clause.

Matthew Guy answering questions on Sunday. Picture: Luis Enrique Ascui

David Davis at a Pandemic Legislation Forum on Sunday. Picture: Luis Enrique Ascui

Leader of the opposition in the upper house David Davis, who on Saturday controversially addressed protesters, some of whom carried nooses and called for crossbench MPs to be hanged, denied his presence at the rallies incited violence towards politicians.

“There are so many parts of this legislation that are flawed, it’s impossible to repair or to fix the deep problems with a few amendments,” he said.

Opposition Leader Matthew Guy said on Sunday that the laws would be “the first thing we rip up” if elected next year.

More than 60 of the state’s most senior barristers, the Law Institute of Victoria and the Victorian Bar have all raised serious concerns about the Bill.

Human Rights Law Centre legal director Daniel Webb said that while the Bill was an improvement on current laws, improvements were needed.

“In particular, the health minister should have to act compatibly with Victoria’s Human Rights Charter when making pandemic orders,” Mr Webb said.