Emergency rules ring alarm bells for Libs

SA MPs refuse to back their own party’s extension of Covid powers for fear it would give the state too much authority.

SA Attorney-General Vickie Chapman. Picture: Naomi Jellicoe

South Australian Liberal MPs are refusing to back their own party’s extension of coronavirus emergency powers for fear it would permanently give the state too much authority that could be misused in the future.

State Attorney-General Vickie Chapman wants to extend a number of pandemic-related arrangements and outlined proposed legislation to cabinet and then to the partyroom on Monday.

The Australian understands that at least two MPs said they would “reserve their rights” on supporting the bill, while others questioned whether the proposed changes meant the Police Commissioner would continue to wield special powers as State Emergency Co-ordinator for the remainder of 2021.

The current emergency declaration expires on May 31 and the government said last month that it was looking at laws that would allow for snap border closures and the use of QR codes under a post-emergency COVID-19 plan.

Some Liberals are concerned about how the new laws will work and worry either SA Police or the government itself could end up being afforded powers that exceed their remit.

While Ms Chapman’s office said she would not comment on matters before the partyroom, The Australian understands she is ­arguing that none of the changes are contentious and go to practical arrangements such as waiving statutory requirements for ­regional government and Indigenous organisations to have meetings in person, rather than online as they have been during the pandemic.

But other Liberal MPs say there is a broader question about any continued extension of the Police Commissioner’s emergency powers, which historically have been used during bushfires. The current emergency powers cover everything from restrictions on businesses and social activities to visitor numbers in homes, mandatory quarantine for ­returned travellers and border closures.

Liberal MPs who are concerned about the changes said that the discussion at the partyroom meeting was “courteous” and that Premier Steven Marshall led an open discussion.

“One of the key issues for us is this idea that we should all feel ­reassured that none of these powers would ever be misused by a government like ours because we would not want to extend into anything draconian,” one source said. “The issue is what would you do if you had a more authoritarian or dictatorial government that wanted to use emergency powers either through the Police Commissioner or as the government ­itself to shut down opposition scrutiny or to cancel or postpone an election? We just want to have a good look at it, but so far we have not been given any answers that give us comfort.”

Labor leader Peter Malinasukas said: “We have been bipartisan and constructive on all COVID legislation so Liberals breaking ranks doesn’t matter if Labor votes for any law change. But curiously as yet the opposition hasn’t even seen a copy of the bill, let alone be offered a briefing.”