Rita Panahi: How our human rights charter rules out mandatory virus tests
The Andrews Government’s mishandling of coronavirus has condemned Victorians to be second-class citizens in their own country. But while it’s the height of selfishness it appears those flouting tests have the human rights charter on their side, writes Rita Panahi.
Rita Panahi
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Incompetence has consequences. And so does a human rights charter that inhibits authorities from imposing mandatory testing on returned travellers and other at-risk groups. More on that later.
The Daniel Andrews Government’s mishandling of the coronavirus crisis has condemned Victorians to be second-class citizens in their own country.
We are the only state whose residents are banned from travelling to Queensland when that state’s borders reopen on July 10. And leaders in other states have also made it clear Victorians are not welcome.
It’s one thing to be the laughing stock of the nation with jokes mocking the state’s failures (have you heard the one about what Australia has in common with the Spice Girls? Both tried their best but were let down by Victoria) but another to be openly discriminated against due to your postcode.
NSW health minister Brad Hazzard is threatening those from coronavirus hot spots with jail if they dare cross the border.
“Victorians right now from those hot spots are not welcome in NSW,” he said. “If you come to NSW you will be exposed to the possibility of six months’ jail and $11,000 fines.”
South Australian Premier Steve Marshall has joked about building a wall and making Victorians pay for it. Meanwhile, SA is blaming Victoria for delaying the decision to fully reopen its borders, which was slated for July 20 but has now been scrapped.
If you’ve got Victorian number plates you can expect a hostile reception from your fellow Australians even if you are nowhere near the 10 postcodes ordered back into stage three lockdown.
Victorians from country towns that have not suffered a single case of coronavirus are entitled to be irate about being lumped in with areas experiencing a spike in infections with another 77 cases recorded on Thursday.
It’s somewhat ironic that the state with the most stringent, logic-defying restrictions has a “second wave” sparked by inept practices in hotel quarantine.
While the State Government was laser-focused on imposing harsh controls on citizens, fining people visiting cemeteries, playing golf or fishing, it was overseeing the most dangerously lax system for returned travellers.
In recent days Premier Andrews has blamed families, Millennials and even the sharing of cigarette lighters for the latest round of infections instead of blaming his maladroit government.
There will be an inquiry into the gross malfeasance that saw untrained security guards entrusted with monitoring overseas arrivals who are the highest risk category
for coronavirus infection, making up 60 per cent of all cases in Australia. Poorly trained guards including subcontractors, some with as little as “five minutes of training”, have breached infection control protocols including reports of sexual relations with hotel guests.
Compare the lunacy of Victoria’s hotel quarantine system with NSW, where the police together with the military oversee the program, including escorting passengers from the airport to the hotel and ensuring they abide by quarantine conditions.
NSW has had thousands more pass thorough hotel quarantine than Victoria but has not had a single outbreak.
To add insult to injury about one in three Melbourne guests in hotel quarantine has refused coronavirus tests compared to just 2 per cent in NSW. And yet, Victoria’s Deputy Chief Health Officer Annaliese van Diemen was satisfied with the 30 per cent rejection rate.
Dr van Diemen, who in April compared the coronavirus pandemic to Captain Cook charting the east coast of Australia, called the uptake rate for tests “very good”. Most Australians would call it appalling. The only reason a person, whether in quarantine or in a high-risk zone, would refuse a test is to avoid further restrictions.
The test is a swab that takes a matter of seconds to complete.
Andrews put out a press release on Sunday with the headline “mandatory testing for returned travellers” but that is a half-truth wrapped in a lie. There is no mandatory testing. Those in hotel quarantine who refuse a test will simply be required to spend a further 10 days in the hotel paid for by taxpayers.
One factor impeding compulsory tests is Victoria’s Charter of Human Rights, which imposes all sorts of restriction and obligations on public authorities. Under the charter, no medical or scientific treatment can be given without full, free and informed consent.
“The Charter requirements mean that consent must be voluntary” and thus no individual can be compelled to take a test.
We’ve seen in recent days more than 900 tests refused in Broadmeadows and Keilor
Downs alone. Again, what possible motivation can someone have for refusing a free test other than the fear that they are positive and would be subjected to 14 days of quarantine?
It is the height of selfishness but it appears those flouting coronavirus tests have the law on their side.