Prominent Victorians must take a stand against Daniel Andrews’ COVID-19 omnibus legislation

The 18th century Irish statesman and philosopher Edmund Burke is famous for saying that that “the only thing necessary for evil to triumph is for good men to do nothing”.

What makes me optimistic about Australia is that when Victorian government proposed legislation that set the state on a course that endangered democracy in the nation, 18 good men and women – all QCs , with a former High Court Judge and two former Federal Court judges – refused to do nothing.

The QCs, realising swift action was required quickly, came together to warn of the dangers posed by the unprecedented legislation proposed by the Victorian government as soon as they read details of that legislation in my commentary on Monday.

In short, the bill, among many other weapons, empowered the government to recruit an unlimited number of “designated authorised officers” with widely defined “appropriate” skills and to give them the power to arrest and jail citizens if they were ”likely” to commit an offence.

Justice Peter Heerey has warned against the legislation.

The Hon. Michael McHugh AC QC

When I was looking at the legislation over the weekend I kept re-reading the incredible words in the bill. Surely no one would enact such a power? I wondered whether I would be exaggerating to claim that it threatened our democracy but the QCs response to the commentary confirmed my judgment.

And again I thank the 1000-plus readers for their contribution via comments and feedback- what a wonderful medium for communication we have.

One of the congratulatory emails I received was from a former top lawyer and old friend. I think it reflects everyone’s fears. My reference to Edmund Burke comes from that email. (Burke was a controversial character but the words above have universal application)

I want to emphasise that no one is suggesting that Daniel Andrews ranks with the despots and dictators named in the email but he sets his state and the nation on a path that, in other countries, has had shocking consequences. Here are extracts from the email received:

“What has moved me to ‘pick up my pen’ is your excellent piece in The Australian this morning on the COVID-19 Omnibus (Emergency Measures) and other Acts Amendment Bill 2020.

“Many of us in my generation have been wondering how we have found ourselves in this position.

“We used to wonder how could the ‘good Germans’ have allowed the rise of Hitler and allowed him the powers he assumed?

“More recently, how could the Turks allow Erdogan to trample their rights and become a despot?

“And now we begin to understand. With apparent popular support, Andrews extends his power incrementally.

“The ability to protest has been physically shut down, using the police force that he controls.

“The fines for objecting are crippling – and now summary arrest and indefinite detention, over riding the Magna Carta given right of Habeas Corpus, is upon us.

“A version of the Stasi (East German secret police organisation) is within sight.

“Parliament has been shut down – ostensibly for health reasons but can be brought back to sit when it suits the dictator – to enable him to extend his power.

“The necessary number of cross benchers have been stood over or bribed to become compliant.

“The press seems largely compliant also – little hard questioning or criticism.

“Edmund Burke said that ‘the only thing necessary for evil to triumph is for good men to do nothing’

“I have been a lawyer, a farmer and a soldier with active service in Vietnam.

“I think that I have some intestinal fortitude but for the first time in my life I feel powerless to stop what seems to be an awful march to totalitarianism.

“Diverted by the virus we hear little or nothing from Canberra on this subject.

“We tell each other that this could not happen here in Australia – but the canary is coughing in the coal mine!

“I hope that I am being melodramatic but I fear not.

“Those of you who have a platform and can express our concerns – do please continue….”

Do we have other “good” men and women who like the QCs will stand up to what is clearly a wrong? I am an optimist. I knew some ALP members of the Victorian Parliament with whom I might not always agree but they are good men and women.

And Steve Bracks was one of the best Premiers Victoria’s history and has been great leader in other areas since retiring as premier. He is a good man. I hope he will stand up, even if it’s done in private.

And as for the crossbenchers who have done grubby deeds to allow this legislation to pass I hope voters remember.

Meanwhile on the virus front, thankfully Daniel Andrews is now starting take the steps that I set out earlier this month to control the virus out of lockdown: widespread testing covering people without infection as well as those with infections. A big proportion of those who contract COVID-19 – particularly younger people – do not have symptoms but unknowingly pass the infection on to others. The results of testing must be conveyed fast and there must be an efficient contact tracing and isolation systems.