Daniel Andrews strikes deal with crosbenchers on pandemic laws

The Andrews government has reached a late-night deal with crossbenchers to amend controversial aspects of its pandemic legislation.

Victorian Premier, Daniel Andrews. Picture: Ian Currie

The Andrews government has reached a late-night agreement with three key crossbenchers to amend the most controversial aspects of its pandemic legislation, ahead of the bill being debated in the upper house from Tuesday.

Health Minister Martin Foley issued a statement late on Monday night, indicating a deal had been done with Animal Justice Party MP Andy Meddick, Reason Party MP Fiona Patten and Greens Leader Samantha Ratnam to make seven amendments to the bill.

The amendments include:

● Requiring the Premier to be “satisfied on reasonable grounds” that it is necessary to declare a pandemic. This follows legal and human rights groups expressing concern that the omission of an express requirement of reasonableness could lead to unreasonable pandemic declarations and extensions;

● Reducing the reporting period for documents associated with pandemic orders from 14 days to seven days for publishing and from six sitting days to four sitting days for tabling in parliament;

● Enabling the Scrutiny of Acts and Regulations Committee to consider any pandemic order when it is made, not only once it is tabled in parliament;

● Halving the maximum financial penalties for not complying with a pandemic order from 120 to 60 penalty units for individuals ($21,809 to $10,904) and from 600 to 300 penalty units for businesses ($109,044 to $54,522), and reducing the maximum penalty for aggravated offences from 500 to 250 penalty units for individuals ($90,870 to $45,435) and from 2500 to 500 penalty units for businesses ($454,350 to $90,870);

● Clarifying that the application of pandemic orders based on characteristics, attributes or circumstances of persons must be relevant to the public health risk;

● Clarifying the application of the Charter of Human Rights and Responsibilities, to confirm the role it has in decisions made under the legislation;

● Removing references to the Equal Opportunity Act in this section and insert examples of how a pandemic order may differentiate between classes of persons;

The final three changes responded to concerns that the bill as drafted enabled the government to make orders specific to groups of people based on characteristics such political activity, sexuality, religion or age.

Mr Foley said the powers in the bill were “no broader than those available in other jurisdictions and countries around the world”.

“The bill will be the most accountable and transparent public health law in the commonwealth,” he said.

In a joint statement, Mr Meddick, Ms Patten and Dr Ratnam said they had negotiated the amendments to strengthen the bill “with further transparency and accountability measures”.

They noted the right to protest would be protected and enshrined in the bill, and resources would be guaranteed for the Scrutiny of Acts and Regulations Committee.

“The changes mean that the community will now have access to real-time advice behind public-health decisions, and ultimate accountability will rest with the Premier and Health Minister,” the crossbenchers said.

Mr Meddick said he had listened to the advice and feedback of a range of legal experts, community advocacy groups and human rights organisations.

“This consultative process has made a good bill even better,” he said.

Ms Patten said Covid would not be the last pandemic Victorians experience.

“Pandemics need special laws. They are not like floods or fires,” she said.

“We started the development of this legislation in March and these amendments find the delicate balance between protecting human rights and protecting the health of the community.”

Dr Ratnam said the pandemic was ongoing, and associated public health measures therefore still necessary.

“That’s why we’ve been negotiating with the government to secure further improvements to these laws, which are much fairer and more transparent, but also necessary while the virus is still in the community,” she said.