Covid: Victorians face two-years jail for ‘egregious breaches’ of health laws, under proposed legislation

Under proposed laws, Victorians who commit aggravated breaches of health directions face fines of $90,870 as well as prison time.

Victorian Premier Daniel Andrews. Picture: NCA NewsWire / Andrew Henshaw

Victorians would face up to two-years jail for “egregious and deliberate” breaches of public health orders that expose others to serious risk under laws before the state parliament.

The revamped legislation, which has been branded a power grab by the Victorian opposition, looks set to become law after key crossbenchers flagged their support on Tuesday.

Under the proposed laws, individuals found to have committed aggravated breaches of health directions face fines of $90,870 as well as two years in jail. Corporations would face a $454,350 penalty.

Victorian Health Minister Martin Foley said each case would be assessed by a judicial officer and aggravated offending would apply to individuals and corporations that deliberately flouted public health orders.

“It’s for the most egregious and deliberate of offences that cause significant public harm,” he said.

The new laws will also transfer pandemic powers from the Victorian chief health officer to the state health minister, with the Victorian Premier to declare state of emergencies in three-month blocks.

Victorian Opposition leader Matthew Guy said the state coalition would oppose the laws, which he said would see the Victorian Premier usurp the roles of cabinet and parliament.

“This is the most extreme law of its kind anywhere in Australia,” he said.

“This line that this is somehow the same as NSW is completely untrue [and] placing so much power in the hands of one person … in the hands of the Premier alone would be unprecedented.”

Victorian Premier Daniel Andrews dismissed Mr Guy’s comments as political games and said there would be enhanced oversight under the new legislation,

“There is already parliamentary oversight now [and] there‘s going to be further parliamentary oversight under the framework we’re putting into the parliament,” he said.

As well as tabling health advice, the Victorian government would require an independent committee to scrutinise government decisions and stronger safeguards to withhold QR code check-in data from police.

Currently, CHO Brett Sutton has the power to order restrictions over people and industry if a state of emergency has been declared.

Professor Sutton on Tuesday said he supported the proposed legislation and said public health advice would remain central to any order now signed off by the health minister, saying the responsibility had been a heavy burden.

“There are expectations that the elected representatives of parliament, the minister in particular and the Premier- should have accountability for the final form that public health directions take,” he said.

“My advice will be my advice, and where there might be a divergence between my advice and ultimately, the public health directions that are signed off by the Minister, then there‘ll be an explanation for that.”

Victoria recorded 1510 locally-acquired cases of coronavirus and four Covid-related deaths, with more than 75 per cent of the state now fully vaccinated.

Key crossbenchers Reason Party leader Fiona Patten, Animal Justice Party leader Andy Meddick and Greens leader Samantha Ratnam have all indicated their support for the bill.

The new legislation is intended to replace the current state of emergency when it expires on ­December 15.