Pandemic power play: ‘Nasty’ or necessary?

The opposition says Victorians should be worried about the Premier’s “nasty” emergency powers plan but the Andrews camp says the measures will help “steer us through” the next phase.

The pandemic declaration will replace the state of emergency. Picture: David Geraghty

The Premier is asking parliament for powers that would enable him to rule by decree throughout 2022.

Victorians know that Covid is here to stay. Community transmission of Covid will provide Andrews with the trigger to declare a pandemic. These provisions are virtually identical powers that enabled the government to lock us down for 263 days during the current state of emergency declaration.

The pandemic declaration replaces the state of emergency and will give Andrews, personally, after consulting with Brett Sutton and the Health Minister, the power to lock Victorians down, impose curfews and ongoing restrictions at the flick of his pen for three months in duration without parliamentary approval.

To get a further three months, no vote of parliament is required. He can continue with restrictions throughout 2022, by simply renewing his pandemic declaration.

The government has argued there won’t be any lockdowns when we reach over ninety per cent fully vaccinated. The government has argued that when Victoria reaches ninety per cent the only restrictions they will enforce will be to lockout unvaccinated Victorians from virtually the entire economy, and for the purposes of managing quarantine for returning unvaccinated Australians and non-Australian residents.

MP Tim Smith.

Why then doesn’t this pandemic legislation only relate to quarantine and vaccination status, if it’s not the government’s intention to enforce further restrictions on Victorians next year? I don’t agree with locking unvaccinated Victorians out of the economy for next year, the distinction is important for the moment, but certainly not next year. But why is Andrews attempting to give himself virtually permanent emergency powers if his attention isn’t to enforce lockdowns, and ongoing restrictions in 2022?

There are some very nasty aspects to this legislation. The government is explicitly asking parliament to give itself the power to target ‘specified classes’ and ‘specified persons’ with pandemic orders.

These orders may be applied to an individual’s participation or presence at an event, undertaking an activity, but most worrying of all, their attributes, characteristics or circumstances.

Under the Equal Opportunity Act these attributes include age, gender, race, religious belief, sexual orientation, political belief or physical features. Inadvertent breaches of pandemic orders could result in an individual being fined $22,000 or a corporation being fined $108,000. This is extreme.

Do Victorians want this sort of extreme power at Mr Andrews’s fingertips? Given Mr Andrews ongoing tussle with the truth and his government’s propensity to cover up, obfuscate and be less than accountable, I find this power grab particularly worrying.

The Liberal Nationals will oppose this draconian pandemic legislation because it’s wrong and the Premier can’t be trusted with these extreme powers. We have introduced an amendment to the Victorian Constitution that would stop the government giving itself ongoing emergency powers. The amendment limits the ability of the Victorian Government to declare an emergency or pandemic for no more than 30 days unless it secures a special majority vote in both Houses of Parliament.

Tim Smith is Shadow Attorney-General

PANDEMICS POSE ‘ONGOING THREAT’

Over the past 19 months, Victorians have done an incredible job – making sacrifices we wouldn’t have been able to contemplate in 2019 – all to keep each other safe.

This pandemic has been a learning curve for the community and for every government and jurisdiction. No one has had to do this before.

That’s why we’re taking the lessons we’ve learnt over the last two years and putting them into a better, clearer framework to help us manage the next phase of this pandemic, and whatever other pandemics may come.

The legislation we’ve introduced this week makes elected politicians, not public servants, more accountable and responsible.

It keeps public health advice central to decisions. It incorporates best practice public health

administration from other jurisdictions like New Zealand. It introduces greater transparency and accountability in decision-making.

Most importantly, this new framework recognises pandemics can pose an ongoing threat over a period of months or years – and it will ensure a broader scope to consider economic and social factors.

Health Minister Martin Foley.

It will ensure Victoria can continue its effective management of this pandemic but also that it has fit-for-purpose legislation to implement crucial public health measures for future ones.

It will also establish the most accountable and transparent public health decision-making process in the country, with measures including the requirement to publish a statement of reasons for the decision to make pandemic orders, the CHO’s advice and how each order affects human rights.

An independent advisory committee made up of experts and community representatives will be established to advise on the pandemic response and management powers – their advice will also be tabled in Parliament.

Privacy protections that go further than any other Australian jurisdiction will also be introduced making it an offence to use information obtained through contact tracing for non-public health purposes.

In designing this new framework, we’ve engaged extensively with some of the most trusted leaders in public health, human rights, law and policy making as well as culturally and linguistically diverse community groups, and the community services sector.

We’ve also delivered what the Opposition and the Crossbench have been asking for, with pandemic-specific laws that make Ministers more accountable to the people they represent.

A lot has been learned over the past two years and we are applying those lessons to manage

pandemics in the future – while maintaining our ability to rapidly respond to this current one.

Martin Foley is the Victorian Health Minister