Victorian government insists new mask advice in schools is ‘not a mandate’

A state government has defended health advice sent out regarding mask wearing and insists that it is “not a mandate”.

The Victorian government insists there is no mask mandate in the state’s school system after health advice was sent out asking students to wear masks indoors.

It comes after a letter signed by the heads of Victoria’s state, independent and Catholic education sectors was received by parents about the health advice.

“We are asking all students aged eight and over and all staff in all schools across Victoria to wear masks in class (except where removing a mask is necessary for clear communication) from now to the end of winter,” it read.

Masks have been encouraged indoors at Victorian schools. Picture: NCA NewsWire / Andrew Henshaw

Students will not be required or expected to wear masks outdoors though, with the government insisting that it is not a mandate or new health advice.

“Let’s be clear, it’s not a mandate,” Deputy Premier Jacinta Allan said on Tuesday.

“The advice that’s in the letter to school communities in the government, Catholic and independent systems is entirely consistent with the advice provided by the Health Minister last week to the broader Victorian community.

“We are continuing to experience some real challenges in our health systems around the country as a consequence of this really difficult and challenging winter period, and schools are doing their bit by reinforcing that message about the Health Minister’s advice.”

Deputy Premier Jacinta Allan said the health advice was ‘not a mandate’. Picture: NCA NewsWire / Nicki Connolly

But the state opposition and a leading lawyer have called it a “stealth” mandate.

Victorian Liberal leader Matthew Guy said he was “sick” of the government’s “smoke and mirror games” on health.

“It’s a mandate on kids by stealth, we all know that,” he said on Tuesday morning.

“I think we‘re all sick of these smoke and mirror games from the government. It’s not a mask mandate, but it is.

“If you want to have a masked mandate at least have the courage to go out and say it.”

Henderson and Ball Lawyers partner Justin Lawrence believed the letter was deliberately confusing because the government did not want to mandate the measure.

“I reckon this a mandate by stealth in a lot of ways,” he told 3AW on Tuesday.

“It doesn’t use legally mandatory language … instead they say ‘the department strongly recommends’ and ‘we are asking’. In other words, ‘This is what we want you to do, but we’re not going to impose it entirely on you like a compulsory mandate’.

State Opposition Leader Matthew Guy called the mask advice for school kids a ‘stealth’ mandate. Picture: NCA NewsWire / David Geraghty

“I think that’s where it’s nebulous and that’s where the confusion is coming from.

“I think what’s happened here is no one’s prepared to say, ‘This is the mandate, you must do this’.”

Victorian Health Minister Mary-Anne Thomas revealed last week that she rejected advice from acting chief health officer Ben Cowie recommending that masks be mandated in schools.

“The chief health officer has provided his advice and I have accepted his advice, except that I have chosen not to extend mandates for mask wearing in some of the settings that were recommended to me,” Ms Thomas said on Tuesday.

“The advice from the chief health officer was to mandate mask wearing in early childhood and school settings, and indeed in retail and in some hospitality settings for workers in those areas.

Victorian Health Minister Mary-Anne Thomas ignored advice from the acting chief health officer on mask mandates. Picture: AAP Image / Joel Carrett

“I made a decision based on the advice that I had received that further mandating masks was not the most effective way to get the message out about the importance of mask wearing.

“We need to empower Victorians to make their own decisions.”

Victoria’s approach mirrors what Queensland Premier Annastacia Palaszczuk pushed for after Saturday's national cabinet meeting, where she “strongly encouraged”, but did not mandate, mask wearing in schools.

“The other thing we’ll be doing too is making sure we’ve got extra (rapid antigen) tests going out to schools, making them more available to people as well,” she said.

Queensland Premier Annastacia Palaszczuk ‘strongly encouraged’ mask wearing at schools. Picture: David Clark

“I’m strongly encouraging when school goes back on Monday for children to be wearing masks in schools, as well as teachers, except where you, of course, can socially distance.”

NSW has followed a similar line where masks are strongly encouraged for all staff and students but not mandated.

Masks are only required to be worn by staff interacting with students at greater risk of serious illness if they contract Covid.

The state’s Department of Education will roll out a “four-week blitz” where increased rapid antigen tests, supplies, cleaning services and health messaging will be delivered at schools.

@nswhealth

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