Coronavirus Australia: Dominic Perrottet dumps NSW emergency power bill

Health Minister Brad Hazzard had been seeking to extend the state’s emergency powers until March 2023 but faced a bitter partyroom backlash.

NSW Health Minister Brad Hazzard speaks to the media. Picture: NCA NewsWire / Flavio Brancaleone

NSW Premier Dominic Perrottet has spectacularly dumped Health Minister Brad Hazzard’s bill seeking to expand the state’s Covid-19 emergency powers until 2023 following a bitter partyroom backlash.

Mr Hazzard had been seeking to extend the state’s emergency powers until March 2023 as part of a proposal approved by Cabinet. It was approved by cabinet but faced opposition during a meeting of the Coalition partyroom on Tuesday.

Mr Perrottet says he will rework the proposed legislation over summer. A senior minister told The Australian that many of the extraordinary powers being sought by Mr Hazzard would be removed from the bill, but sensible measures would be preserved.

“Only the health provisions that need to be extended will be extended. I will be carefully considering this matter over the summer break,” Mr Perrottet said.

NSW Premier Dominic Perrottet. Picture: NCA Newswire/Gaye Gerard

Earlier, the Perrottet government approved plans to extend the state’s extraordinary Covid-19 emergency powers until March 2023, prompting a heated backlash from the Coalition party room where MPs branded the decision an unacceptable overreach likely to be rejected by their communities.

The Australian revealed that Health Minister Brad Hazzard took the proposal to cabinet on Monday where it was approved ahead of Tuesday’s party room meeting. It is understood the proposal was based on a recommendation from NSW Chief Health Officer Dr Kerry Chant.

The state’s Covid-19 emergency powers allow the Health Minister to make sweeping Public Health Orders of the kind used throughout the pandemic to control the movement of people and other measures, including curfews, mask mandates and limits on mobility between local government areas.

An official familiar with the matter said the numerous MPs spoke against the proposal when it was floated by Mr Hazzard with backbench MPs, with several querying the need for the powers to remain in place for another 17 months.

According to an account provided to The Australian, Mr Hazzard told the party room that keeping the emergency powers in place would eliminate the need to pass legislation in parliament in the event that NSW experienced another significant outbreak of Covid-19.

He cited recurring outbreaks and challenges in overseas jurisdictions, including those with high vaccination rates similar to NSW, as examples of why the emergency powers might be necessary in the future.

The official who spoke to The Australian said keeping the powers in place until March 2023 would also prevent the need to legislate for them ahead of the 2023 election; doing so may be perceived as unpopular with the community, they said.

East Hills MP Wendy Lindsay and Riverstone MP Kevin Connolly both spoke against the proposal, as did Wollondilly MP Nat Smith and Vaucluse MP Gabrielle Upton, among others.

Deputy NSW Liberal leader Stuart Ayres at one point interrupted Mr Hazzard and asked him to reframe his argument due to the discomfort apparent in the room. The official said Premier Dominic Perrottet was visibly uncomfortable with the progress of the discussion.

Mr Hazzard has since called an emergency meeting for Tuesday afternoon with the MPs who raised the concerns. A spokeswoman declined to comment on the matter.

Mr Perrottet declined to comment. Dr Chant was approached for a response.

NSW One Nation leader Mark Latham said he would not be supporting any extension of Covid-19 legislation.

“The new premier promised a restoration of freedom and we will hold him to that promise,” Mr Latham tweeted.

Innes Willox, CEO of Ai Group, said the government’s proposal amounted to administrative overreach by health officials that would send the “wrong message to the community”.

“Emergency powers should be short lived and used sparingly. If the reason for the lengthy extension is to avoid having to go back to parliament in a shorter timeframe then that is not good enough justification,” he said.

“The NSW move, along with the Victorian emergency powers legislation, demonstrates that we run the risk of seeing state governments refusing to let go of or enhance powers longer than they need them.”