2021-12-03 23:16:34
Updated Pandemic Bill (Overview)On Thursday 02 December, the highly controversial
Public Health and Wellbeing Amendment (Pandemic Management) Bill 2021 (
the Bill) passed through Parliament. Victoria now stands as the first state in the country to have pandemic-specified laws and with the State of Emergency powers expiring on the 15 December, the big question is how does this impact the Victorian public?
Victorians should feel immensely proud of their efforts to rally together to ‘kill the bill.’ Although it can be argued that the initial Bill was an ambit-claim made by the Government, the amendments provide some significant changes that would not have happened without the public’s unified response.
The amendmentsIn summary, the amendments include (but are not limited to);
• Public health orders will be reviewed by a Parliamentary Joint Special Committee (this will be made up of government members, opposition members and crossbenchers).
• Health directions can be reversed by a majority of both houses of Parliament.
• The Minister must table any advice they rely upon when making a pandemic order.
• All pandemic orders must adhere to the Victorian Charter of Human Rights. An explanation by the Minister must be published as to whether these orders limit any human rights set out in the Charter.
• A pandemic order can no longer be made based on certain characteristics and attributes (such as religion, sexual orientation, political views and gender). However, pandemic orders can still be made based on vaccination status, age and location in relation to public health risks.
• There is no longer a right to detain a person for a breach of pandemic orders without review. An Independent Panel will be responsible for reviewing detention orders.
• An Independent Pandemic Management Advisory Committee will be established to provide advice to the Minister in relation to the exercise of powers.
• The Independent Pandemic Management Advisory Committee will also have the power to refer matters to the Ombudsman.
• The Ombudsman has the power to investigate complaints made.
• The fines issued to individuals and businesses regarding a breach of public health orders have been significantly reduced. There is also no longer an imprisonment penalty for a breach of these orders.
Ongoing concernsDespite these amendments, there are still a number of concerns in relation to this legislation. Firstly, the Joint Special Committee who are responsible for reviewing public health orders will typically be made up of the Government in power. Therefore, orders may not go through a thorough examination as necessary due to potential bias.
In addition, there is still the right to make pandemic orders based on a person’s location, vaccine status and age. This is particularly significant as this legislation allows the vaccine mandates and area-specific lockdowns to continue for the foreseeable future. The legislation also allows for orders to be made against specified age groups. This is already a contentious issue and there are many parents/care-givers who are deeply concerned about the welfare of their children and what this clause may signify for their future (such as the ability to attend school and crucial social activities).
Furthermore, the legislation also falls short of its requirement to adhere to the separation of powers. For example, rather than referring any detention orders through the Court system (whose fundamental responsibility is to provide a ‘check’ on the Government), they are instead being referred to an Independent Committee for review. This is still a Government-appointed Court and there are serious concerns regarding its partiality.
What’s next?Victorians have suffered under the most severe restrictions and longest lockdown in the world. As expected, there are many concerns regarding the implementation of this new legislation. The highly controversial vaccinate mandates will need to be reissued under this new legislation (which is set to come into effect on 16 December) upon the expiry of the State of Emergency powers.
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