Action – Read & Share: Andrews’ Pandemic Powers Bill
Is this the most dangerous legislation ever proposed in Australia?

Summary

• As most of you will be aware, since March 2020 the Victorian Government has been implementing its various coronavirus measures pursuant to powers created under the Public Health and Wellbeing Act and a State of Emergency (SOE) declared pursuant to that Act. The Act has been amended twice to extend the SOE beyond the 6 month limitation prescribed by the Act.  The last enacted extension is due to expire on 16 December 2021.
• On Tuesday, 26 October the Andrews Government introduced into Parliament the Public Health and Wellbeing Amendment (Pandemic Management) Bill.  This Bill gives the Premier and his Health Minister what is “in a practical sense, an effectively unlimited power to rule the State by decree, for an effectively indefinite period, and without effective judicial or parliamentary oversight”. (Blanden, 2021)
• The most disturbing aspects of these proposed new pandemic laws are as follows:
  • the Premier can declare a pandemic, even if there is not one in in the State, or even in the country, for an indefinite period of time;
  • during a pandemic, the Premier has broad ranging powers to make “any order” that he “believes is necessary to protect public health”;
  • fines of up to $90,000 or 2 years jail can be imposed for breaching any of these pandemic orders;
  • the orders are expressly permitted to discriminate based on race, religion, political beliefs and gender;
  • the committee that the legislation establishes to provide some oversight on the Premier’s powers under these laws is in fact appointed by the Premier; and
  • the practical ability to challenge these orders in court is extremely limited because of the very broad discretion the legislation confers on the Premier to act based on his subjective belief that an order is “reasonably necessary”.
• The only thing more alarming than this Bill is the suspicious manner in which it has been introduced into Parliament.  It was introduced on Tuesday and only made public on Wednesday.  The Opposition saw it for the first time on the day it was introduced. The Government claims that it consulted with a number of external stakeholders but one of these named stakeholders, the Victorian Bar Association, has issued a statement denying that it was consulted on the Bill and expressing their concerns about both its contents and the speed at which it is being rushed through Parliament. There have been no opportunities for public debate about the Bill or any apparent scrutiny by parliamentary committees. This is unprecedented for any legislation but particularly concerning given the draconian content of the Bill.
• On Thursday the Bill passed through the Lower House uncontested, as Labor holds the majority of seats in the Lower House.
• When the Bill goes to the Upper House on 16 November, Labor holds 17 of the 40 seats/votes.  There are 12 crossbench seats in the Upper House made up of members from minor parties.  The majority of the cross benchers have indicated that they will oppose permanent pandemic legislation.  However, there are 3 crossbenchers with whom the Government appears to have done a deal to get the legislation through the Upper House.  These are the same cross benchers who voted with the Government to allow the extension of the SOE, namely:
  • Fiona Patten, The Reason Party;
  • Andy Meddick, Animal Justice Party; and
  • Samantha Ratnam, Victorian Greens.

What can we do?

• The draconian nature of this Bill and the undemocratic way in which the Andrews Government is seeking to implement it should be of concern to all.  Even if you support the Andrews Government bear in mind that, once these laws are enacted, they can be implemented down the track by any Government in power. So what can we do?
• Skip Australia believes that it is well and truly time for these powers to be removed from those who have inflicted a tremendous amount of pain, distress and disruption on the youngest members of our community. We do not believe it is for the government to dictate how we look after the health and wellbeing of our children. 
• As parents, grandparents and carers for the next generation, we need to all work together to ensure that Australia remains a free and democratic country.
• Skip members and supporters are asked to:
  • contact Fiona Patten, Andy Meddick and Samantha Ratnam and let them know that you do not support the pandemic legislation and that if they vote in favour of the Bill we will all be banding together to vote them out at the next election; and
  • contact Labor member Adem Somyurek (currently absent but still a sitting member of Parliament) and request that he return to Parliament to vote against the Bill. 
• The contact details for these MPs are as follows should you wish to send them a personal email or call them, otherwise you can follow the steps set out below to send them a copy of this Bulletin so that they know the parents of Victoria are in solidarity. If this legislation passes, Skip Australia and our affiliates and other like-minded groups will knock on every door in electorates of these cross benchers if necessary to ensure that their political careers are ended at next election.

Enough is enough.

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Our recommended contact list contains State and Federal MP’s, Premiers, Chief Health Officers, TGA, Australian Medical Association and Australian Nursing and Midwifery Association.

We also request that you forward this Bulletin to as many people as possible so that they can do the same. We understand that these topics are highly emotive, but we request that you remain civil in all correspondence.

References

Email from President: Christoper Blanden QC – to members of the Victorian Bar on 27.10.21
https://www.vicbar.com.au/news-events/public-health-and-wellbeing-pandemic-management-bill-2021

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