2021-12-20 10:17:03
Summary: On tabled Report to Parliament on the making of a pandemic declaration
What is it?
Section 165AB of the Public Health and Wellbeing Act 2008 (Vic), states that the Premier has the power to make a pandemic declaration if they are satisfied that there is a “reasonable risk to public health arising from a disease or a disease of pandemic potential.” In order to make a pandemic declaration the Premier must obtain advice from the Minister of Health and the Chief Health Officer.
The report tabled on 17 December 2021 details the reasons for the Premier’s decision and the advice obtained. The purpose of the report is to ensure transparency and accountability with decision-making. As such the report provides a number of reasons for the pandemic declaration.
However, we have found that some of reasons used to justify the pandemic declaration are contradictory and flawed.
The report’s justification for the pandemic declaration
In summary, the main reasons for the pandemic declaration include;
• The vaccine is only partially effective.
• The evolving strains of the virus;
• Victoria continues to report a higher rate of positive COVID-19 cases compared to other Australian jurisdictions.
• The impact and potential impact on hospitals and the healthcare system (this includes patients suffering from COVID and patients with unrelated illnesses who are not able to receive care).
• The number of transmissions are driven by the unvaccinated as well as the vulnerable and elderly.
• Community transmission remains high in under-vaccinated cohorts – such as children
Concerning elements of the report
Vaccines are not effectiveThe first point of contention is the report directly stating vaccines are not wholly effective. Through the renewal of the vaccine mandates via the new pandemic orders, it has been drilled into the public that vaccinations are ‘your ticket to freedom.’ Victorians without the double-vaccine status are restricted from earning an income, attending essential services such as face-to-face education, gym, hair and beauty facilities. Yet the report identifies that vaccines are only partially effective. This highlights the obvious contradiction - why there is such a divisive, harmful policy used to drive vaccination targets if they are not truly effective?
The Premier has been clear in emphasising that this is the ‘pandemic of the unvaccinated’, implying the unvaccinated are responsible for state-wide lockdowns not ending sooner. This has created a strong division within the community based on vaccination status. To now use the ineffectiveness of vaccines as a justification for a pandemic declaration and using unprecedented powers to enact further restrictions makes it clear that the report is not written to protect anyone other than the Victorian Government’s own failings.
Victoria continues to report higher case numbersThe report highlights that Victoria continues to report a higher rate of COVID-19 cases compared to other Australian jurisdictions (despite high vaccination rates). This highlights that the Victorian Government’s handling of the pandemic has failed. Instead, the Premier is using their history of repetitive mistakes to justify why it has declared a pandemic to allow use of unprecedented powers.
Furthermore, we must also take into account the inconsistencies implemented by the Victorian Government in comparison to other states such as NSW which have now taken a more liberal approach of ‘living with the virus’. It does not make sense from any health standpoint that all Victorians (irrespective of vaccine status) are allowed to shop in non-essential retail but cannot attend work, school or other essential services with COVIDSafe methods in place. For example, persons can shop in a retail store but cannot work in the same store without being double-jabbed. This does not signify appropriate measures based on scientific data. These orders are wholly punitive.
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