Police were not consulted on curfew rules, Brett Sutton says he did not recommend measure
Chief Commissioner Shane Patton says police did not request a curfew and were not consulted before the strict restriction was announced. The curfew’s validity is being questioned after Victorian Chief Health Officer Brett Sutton admitted he did not recommend the measure.
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Police were not consulted on Melbourne’s curfew and were only told about it hours before the strict stage four restriction was introduced.
Chief Commissioner Shane Patton told Neil Mitchell on 3AW: “We never requested a curfew.
“I’ve made inquiries to determine if anyone in the organisation was briefed on the matter and as best I can work out our policy area was provided a copy of the proposed guidelines for information a couple of hours before they were signed off.
“We support the directions and enforce the directions of the Chief Health Officer and use discretion where appropriate.
“Its not unreasonable for us to accept that they are the directions of the CHO because they are, they’re legally enforceable.
“On that basis, we make the presumption that the Chief Health Officer has endorsed them.
“We didn’t have discussions over the curfew.”
His comments are at odds with Premier Daniel Andrews who on Wednesday told a press conference police said a curfew would make enforcing restrictions easier.
Later appearing on ABC radio, Commissioner Patton denied the curfew was at the request of the police.
“It was something that was never provided to me in consultation at all or asked about,” he said.
“I’ve since been made aware that our policy area received a copy of these guidelines and couple of hours before they were to be brought in.”
When quizzed further on who did request the curfew Mr Patton said: “As far as I know the chief health officer’s.
“That’s the person who endorses these guidelines. It’s for us to try and support those guidelines. And as far as I’m concerned, that’s what we’re doing.”
Asked about Prof Sutton’s claim, Commissioner Patton said it was “not for me to comment on what the chief health officer says”.
He also said it was up to public health authorities to decide whether the restrictions was still needed.
“It has certainly helped with other crime issues,” he said.
“Crime is generally down as a result of it but that’s not the purpose of the CHO guideline.
“We’re very mindful of the significance of these powers.
“It can be a fragile confidence the community has … We have to have the public’s confidence to be able to do our job.”
Meanwhile, pressure is mounting on Premier Daniel Andrews to lift the curfew after he admitted on Wednesday it was his call to implement the policy.
The curfew’s validity is being questioned after Victorian Chief Health Officer Brett Sutton admitted he did not recommend the measure.
Mr Andrews said on Wednesday he did not know “exactly which person at what moment” suggested the curfew.
He said it was ultimately his call to force Victorians inside.
“Every time we make rules, police will give us feedback on how hard or easy they will be to properly enforce,” he said.
“These are decisions ultimately made by me.”
It comes as Victoria’s controversial curfew raked in more than $6.32 million in fines amid growing calls to dump the “draconian” measure.
The Herald Sun can reveal that police have dished out 3831 fines for breaching the 8pm-5am curfew — an average of $162,000 worth a night.
In many cases people said they were simply leaving home to get food.
Victorians have been forced to stay inside their houses after dark since August 2 when the Premier signed the order.
Victorian Liberal senator Sarah Henderson, who chairs the Parliamentary Joint Committee on Human Rights, slammed the “draconian” rule.
“The Victorian government’s nightly curfew, which effectively places Melburnians in home detention, constitutes in my view a serious violation of human rights,” Senator Henderson said.
“The Premier’s justification for the curfew — that it assists Victoria Police to enforce a distilled set of lockdown laws — does not stack up.”
Opposition Leader Michael O’Brien said the curfew “should go”.
“This is an extraordinary infringement on the rights of the people of the state, and for the Premier to do it without any medical advice, without any scientific advice, to make a captain’s call, shows you that the power has gone to this bloke’s head,” Mr O’Brien said.
The curfew is due to move from 8pm to 9pm from September 14.
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