Revolt over Daniel Andrews’ coronavirus power grab

Daniel Andrews’ bid to extend Victoria’s emergency powers by a year faces defeat after a backlash from crossbench MPs and ALP figures.

Daniel Andrews is in talks with a dozen independent and minor party upper house MPs who are rebelling against his proposed extension of state-of-emergency powers. Picture: David Crosling

Daniel Andrews’ contentious bid to extend Victoria’s state-of-emergency powers by a year is facing defeat, as a growing revolt from civil rights and Labor figures, as well as crossbench MPs, looks set to force a backdown.

As former federal Labor leader Bill Shorten warned the proposed 12-month extension had Victor­ians “freaking out’’ and Treasurer Josh Frydenberg said the Victorian Premier had “a lot of questions to answer”, Mr Andrews was preparing to compromise with crossbenchers to curtail the ­extension of the powers.

Mr Andrews is in talks with a dozen independent and minor party upper house MPs who are rebelling against legislation that would enable the government to continue to impose stay-at-home orders, business restrictions, limits on public and private gatherings, and on-the-spot fines for a further 12 months.

Rule of Law Institute of Australia president Robin Speed said there had not been proper checks and balances applied to lockdown measures, such as the curfew and 5km travel limit in Melbourne.

He said health advice should have been released to justify the steps and there should have been debate in parliament.

“Who says 5km is reasonable?” he said. “Where is the evidence? If you had to debate the matter in parliament, you would expect someone to stand up and say we think it’s necessary for health reasons, this is what our expert says and 5km is good, not 6km or 7km.”

Mr Speed said he did not believe the time limit on emergency powers should be extended to 18 months and to do so would be a breach of the Victorian Charter of Human Rights and Responsibilities, which require any restriction on rights, such as free movement, to be reasonable and justified.

Bill Shorten warned the proposed 12-month extension of state-of-emergency powers had Victor­ians ‘freaking out’’. Picture: Sarah Matray

Constitutional law expert Cheryl Saunders said once the crisis had eased, an examination was needed of the balance between enabling governments to respond swiftly and accountability.

Concern among crossbenchers about a lack of transparency over decision-making throughout the coronavirus pandemic — particularly throughout the second wave that resulted from a mishandling of hotel quarantine — is understood to be behind the ­pushback.

In what is shaping as a rare political defeat for the Andrews government, key upper house crossbenchers either publicly stated or indicated on Tuesday that they would not support such a lengthy extension of a state of emergency, which has been in place since March.

“I can’t see him getting the numbers,” said Reason Party leader Fiona Patton. “It’s a very extreme legislation; to suggest that a state of emergency could last for 18 months. It’s giving the government unfettered power.”

The Australian understands the Labor leader is preparing to compromise by seeking a three- or six-month state of emergency extension to win over enough support. Three crossbenchers would need to vote in favour of the bill, which is due to be put to state parliament next week.

“We haven’t ruled a line through the year yet, but we wouldn’t be surprised if we end up with a compromise around the time,” one source said.

Mr Frydenberg and Mr Shorten both took aim at the Premier’s proposal on Tuesday, warning that it had fuelled alarm across the state. Mr Frydenberg said 400,000 Victorians would end up “effectively unemployed” as they either lost their jobs or had their hours reduced to zero as a result of the second-wave lockdowns.

“I understand why Victorians are now very concerned by the Victorian government announcing yesterday that it wants to extend the emergency powers. I share those concerns,” he said.

Josh Frydenberg said 400,000 Victorians would end up ‘effectively unemployed’ under the Andrews plan. Picture: Getty Images

Mr Shorten said the 12-month extension had Victorians “freaking out”. “I think the explanation is a lot more benign,” he told Nine Network. “But probably time for Dan the Man to put his explaining skills on display today and just calm the farm.”

Mr Andrews has sought to justify his proposed amendment to the Public Health and Wellbeing Act, describing it as an “insurance” policy.

He said it would provide a legal framework to continue to protect the community from the virus after September 13, when the state of emergency and current restrictions are due to expire, and the time when any vaccine was made available. Decisions on whether to declare a state of emergency, which enables public health directions including social distancing, limits on venue capacity and compulsory face masks, would occur on a monthly basis and on the ­advice from the state’s chief health officer, he said.

“This is not in relation to curfews,” Mr Andrews said. “These restrictions will not be in place for one day longer than they need to be.”

Asked whether he would “compromise” on the bill, Mr Andrews said he would negotiate in good faith with the crossbenchers in order to get a “sensible result”.

The push for an extension comes as active cases of the virus across the state continue to fall. Victoria reported 148 new COVID-19 cases of coronavirus on Tuesday and eight deaths. It was the second day running new cases came in under 150.

However, Chief Health Officer Brett Sutton said it was too early to unveil details of any planned easing of restrictions.

ADDITIONAL REPORTING: RICHARD FERGUSON