Victoria’s proposed pandemic laws could see rulebreakers fined $90,000, jailed for two years

Proposed pandemic laws wielded by Victorian Premier Daniel Andrews could have major ramifications for those who break the rules.

The Victorian Premier has been accused of a power grab after introducing new pandemic laws that would give him unprecedented powers and leave rulebreakers facing steep fines and the prospect of jail time.

Legislation tabled on Tuesday morning — the Public Health and Wellbeing Amendment (Pandemic Management) Bill 2021 — would give Mr Andrews the ability to declare a pandemic and give Health Minister Martin Foley the authority to introduce public health orders.

The proposed laws have been labelled an “extreme abuse of power” by the Victorian Opposition but the Premier says the bill provides exactly what those opposite have been asking for — greater transparency.

The government would need to consult heavily with an independent committee of public health, human rights and other experts and show the health advice behind pandemic decisions.

Premier Daniel Andrews removes his mask to speak during Question Time in parliament on October 26, 2021 in Melbourne, Australia. Picture: Darrian Traynor/Getty Images

Under the proposed laws, which will be debated in both houses of Parliament this week and could replace the state of emergency power due to expire on December 15, individuals and businesses in breach of public health orders could face $90,000 and $450,000 fines respectively.

Individuals could also be jailed for two years if deemed to have breached an order designed to keep the public safe, The Age reports.

Victorian opposition leader Matthew Guy claimed the laws were being rammed through parliament without consultation.

“This is the most extreme law of its kind anywhere in Australia. Placing so much power in the hands of one person, not the Cabinet, not the parliament, but in the hands of the Premier alone would be unprecedented,” Mr Guy said.

The Premier has been accused of failing to consult with crossbench MPs about the proposed legislation. Picture: Darrian Traynor/Getty Images

“Declaring and classifying individuals, citizens in our state, denying them their freedoms at will if empowered by this legislation if unprecedented – that is not democracy.”

Speaking to reporters on Tuesday, Premier Daniel Andrews rejected the assertion he was being given too much power.

“Some people have been playing politics with this everyday the last 21 months,” he said.

“But that does not work against the virus nor does it repair the damage done to us. I won’t be engaging in those political games now.”

Health Minister Martin Foley told reporters the new laws were about openness.

“We have learned over the course of the past 21 months that these powers impact on all sorts of aspects of our community and our wellbeing and our economy and our mental health and business and community,” he said.

“It will be the intention of this bill to make sure that all of those devices are heard and are transparent.”

This pandemic legislation is terrifying.
This is an attempted coup on the people of Victoria by Daniel Andrews.
It’s extreme legislation that will be opposed by every sinew the Liberal Party has in it. https://t.co/mL670wWtZU

— Tim Smith MP (@TimSmithMP) October 25, 2021

He said the laws were modelled on “New Zealand and NSW equivalent legislation” but go further and “cement this public health response as the most accountable, transparent and public health focused system in the Commonwealth”.

The new laws would exclude chief health officer Brett Sutton from signing off on any pandemic orders, which he has had the power to do since the beginning of the pandemic.

Professor Sutton on Tuesday rejected assertions he was given more power than a government bureaucrat should have and said he was “happy” to work under any framework he was given.

“It’s been a burden, a heavy burden, but somebody needs to make that decision,” he said.

“I will continue to provide my public health advice essential to the responses.”

Originally published as Victoria’s proposed pandemic laws could see rulebreakers fined $90,000, jailed for two years