About the Proposed Pandemic Laws

Learn what the proposed laws include – and why Victorians need to stand up against them.

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The priority is to sway the cross-benchers below, but we recommend emailing every Member of Parliament.

Daniel Andrews – Premier of Victoria: daniel.andrews@parliament.vic.gov.au
Cross-Benchers:
Andy Meddick — Animal Justice Party: andy.meddick@parliament.vic.gov.au
Dr Samantha Ratnam – Victorian Greens: samantha.ratnam@parliament.vic.gov.au
Fiona Patten – The Reason Party: fiona.patten@parliament.vic.gov.au
Adem Somyurek — Independent: adem.somyurek@parliament.vic.gov.au

jacinta.allan@parliament.vic.gov.au, bruce.atkinson@parliament.vic.gov.au, steve.dimopoulos@parliament.vic.gov.au, ros.spence@parliament.vic.gov.au, mary-anne.thomas@parliament.vic.gov.au, lizzie.blandthorn@parliament.vic.gov.au, david.davis@parliament.vic.gov.au, emma.kealy@parliament.vic.gov.au, danny.pearson@parliament.vic.gov.au, suzanna.sheed@parliament.vic.gov.au, christine.couzens@parliament.vic.gov.au, luke.donnellan@parliament.vic.gov.au, tim.smith@parliament.vic.gov.au, steph.ryan@parliament.vic.gov.au, gordon.rich-phillips@parliament.vic.gov.au, mark.gepp@parliament.vic.gov.au, harriet.shing@parliament.vic.gov.au, kim.wells@parliament.vic.gov.au, richard.wynne@parliament.vic.gov.au, daniel.andrews@parliament.vic.gov.au, lily.dambrosio@parliament.vic.gov.au, john.eren@parliament.vic.gov.au, danielle.green@parliament.vic.gov.au, james.merlino@parliament.vic.gov.au, lisa.neville@parliament.vic.gov.au, wendy.lovell@parliament.vic.gov.au, peter.walsh@parliament.vic.gov.au, Edward.ODonohue@parliament.vic.gov.au, neale.burgess@parliament.vic.gov.au, matthew.guy@parliament.vic.gov.au, bernie.finn@parliament.vic.gov.au, gary.blackwood@parliament.vic.gov.au, tim.pallas@parliament.vic.gov.au, martin.pakula@parliament.vic.gov.au, jaala.pulford@parliament.vic.gov.au, robin.scott@parliament.vic.gov.au, gayle.tierney@parliament.vic.gov.au, shaun.leane@parliament.vic.gov.au, nazih.elasmar@parliament.vic.gov.au, samantha.ratnam@parliament.vic.gov.au, david.hodgett@parliament.vic.gov.au, bronwyn.halfpenny@parliament.vic.gov.au, nick.wakeling@parliament.vic.gov.au, maree.edwards@parliament.vic.gov.au, jane.garrett@parliament.vic.gov.au, david.morris@parliament.vic.gov.au, michael.obrien@parliament.vic.gov.au, ryan.smith@parliament.vic.gov.au, colin.brooks@parliament.vic.gov.au, bill.tilley@parliament.vic.gov.au, sonya.kilkenny@parliament.vic.gov.au, brad.battin@parliament.vic.gov.au, russell.northe@parliament.vic.gov.au, martin.foley@parliament.vic.gov.au, marlene.kairouz@parliament.vic.gov.au, jill.hennessy@parliament.vic.gov.au, tim.bull@parliament.vic.gov.au, david.southwick@parliament.vic.gov.au, neil.angus@parliament.vic.gov.au, tim.mccurdy@parliament.vic.gov.au, cindy.mcleish@parliament.vic.gov.au, anthony.carbines@parliament.vic.gov.au, tim.richardson@Parliament.vic.gov.au, nick.staikos@parliament.vic.gov.au, paul.edbrooke@parliament.vic.gov.au, craig.ondarchie@parliament.vic.gov.au, georgie.crozier@parliament.vic.gov.au, vicki.ward@parliament.vic.gov.au, frank.mcguire@parliament.vic.gov.au, josh.bull@parliament.vic.gov.au, ben.carroll@parliament.vic.gov.au, cesar.melhem@parliament.vic.gov.au, danny.obrien@parliament.vic.gov.au, jeff.bourman@parliament.vic.gov.au, natalie.suleyman@parliament.vic.gov.au, jaclyn.symes@parliament.vic.gov.au, fiona.patten@parliament.vic.gov.au, melina.bath@parliament.vic.gov.au, roma.britnell@parliament.vic.gov.au, richard.riordan@parliament.vic.gov.au, lee.tarlamis@parliament.vic.gov.au, MengHeang.Tak@parliament.vic.gov.au, Katie.Hall@parliament.vic.gov.au, Sarah.Connolly@parliament.vic.gov.au, Melissa.Horne@parliament.vic.gov.au, Pauline.Richards@parliament.vic.gov.au, James.Newbury@parliament.vic.gov.au, Kat.Theophanous@parliament.vic.gov.au, Chris.Brayne@parliament.vic.gov.au, Will.Fowles@parliament.vic.gov.au, Bridget.Vallence@parliament.vic.gov.au, Brad.Rowswell@parliament.vic.gov.au, Matt.Fregon@parliament.vic.gov.au, Paul.Hamer@parliament.vic.gov.au, John.Kennedy@parliament.vic.gov.au, Dustin.Halse@parliament.vic.gov.au, Michaela.Settle@parliament.vic.gov.au, Juliana.Addison@parliament.vic.gov.au, Jordan.Crugnale@parliament.vic.gov.au, Jackson.Taylor@parliament.vic.gov.au, Gary.Maas@parliament.vic.gov.au, Stephen.McGhie@parliament.vic.gov.au, Ali.Cupper@parliament.vic.gov.au, Darren.Cheeseman@parliament.vic.gov.au, Stuart.Grimley@parliament.vic.gov.au, Tania.Maxwell@parliament.vic.gov.au, Tien.Kieu@parliament.vic.gov.au, Ingrid.Stitt@parliament.vic.gov.au, Catherine.Cumming@parliament.vic.gov.au, Sonja.Terpstra@parliament.vic.gov.au, Kaushaliya.Vaghela@parliament.vic.gov.au, Rod.Barton@parliament.vic.gov.au, Tim.Quilty@parliament.vic.gov.au, David.Limbrick@parliament.vic.gov.au, Nina.Taylor@parliament.vic.gov.au, Clifford.Hayes@parliament.vic.gov.au, Beverley.McArthur@parliament.vic.gov.au, Andy.Meddick@parliament.vic.gov.au, enver.erdogan@parliament.vic.gov.au, matthew.bach@parliament.vic.gov.au, sheena.watt@parliament.vic.gov.au, emailbsman@gmail.com, adem.somyurek@parliament.vic.gov.au, natalie.hutchins@parliament.vic.gov.au, gabrielle.williams@parliament.vic.gov.au, louise.staley@parliament.vic.gov.au, ellen.sandell@parliament.vic.gov.au, sam.hibbins@parliament.vic.gov.au, Tim.Read@parliament.vic.gov.au

Use our pre-written email or write your own...

E-mail Subject:
I strongly oppose the proposed “Pandemic Bill”

I am writing to respectfully demand that you DO NOT SUPPORT any proposed ‘Pandemic Bill’ or legislation that gives this, or any government, additional, unchallenged powers before a full analysis can be conducted of the government’s use of emergency powers in response to Covid-19.

Melbourne is the most locked-down city on the planet. Despite claiming to “follow the science”, there is a reluctance for the government and it’s health advisors to consider any data that either differs to or contradicts their chosen approach.

In fact, most of the health directives we’ve experienced in Victoria are explicitly in contradiction to the Victorian health management plan for pandemic influenza – October 2014.

In that plan, it explicitly states:

Reactive school closures: NOT RECOMMENDED

Workplace closures: NOT RECOMMENDED

Cancellation of mass gatherings: NOT GENERALLY RECOMMENDED

Yet, the Victorian Government has decided to unilaterally change every aspect of our lives – from work and employment, to school and education, to our rights of freedom of movement and freedom of speech – yet the decisions have been made with very little accountability and consultation, nor analysis.

This is not a healthy or right way to lead a free and open democratic society, let alone live, thrive or merely exist in one.

Further, not many of the government’s directives seem supported by science.

For example, Vitamin D is essential for good health outcomes with Covid, yet we’ve been locked inside our homes 23 hours a day, despite the data showing that outdoor transmission of the virus is virtually non-existent (less than 1%, according to this study: https://academic.oup.com/jid/advance-article/doi/10.1093/infdis/jiab298/6291889 )

Merely considering the above, and your own moral compass, I respectfully demand that you oppose any pandemic legislation before conducting a full and thorough analysis of the effect of the extended emergency powers.

Victorians would be much better served by protecting citizens’ rights through legislation that limits the Victorian Government’s unelected officials and health czars to take any more of our basic rights away.

Stop the Pandemic Laws.

We need you to stand up for us, and with us. Please.

Regards,

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This Saturday 20 November
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What's in this new legislation?

Public Health and Wellbeing Amendment (Pandemic Management) Bill 2021

The Andrews Government is attempting to secure unprecedented authoritarian control over Victorians.  Placing so much power in the hands of one person, not the Cabinet, not the Parliament, but in the hands of the Premier alone would be unprecedented and dangerous.

The new legislation includes:

  • Fines of up to $22K for individuals & $450K for businesses, up to 2 year jail terms
  • The Premier is given unilateral power to declare a pandemic with zero cases without oversight.
  • Health orders can be extended for 3 months, with no overall time limit.
  • Health orders can discriminate between any class of people on the basis of any characteristics (including but not limited to race, religion, medical status, gender or political affiliation)

From ruleoflaw.org.au: Victorian Pandemic Management bill

The Victorian government’s latest pandemic legislation, the Public Health and Wellbeing Amendment (Pandemic Management) Bill 2021 has been the subject of some serious concern within the legal profession.  In an open letter signed by some of Victoria’s leading silks it states:

The overriding concern is that the Bill, if passed, may allow the Victorian government effectively to rule the State of Victoria by decree for the foreseeable future, without proper Parliamentary oversight or the usual checks and balances on executive power.

The Rule of Law Education Centred interviewed Mr Chris Blanden QC, President of the Victorian Bar Association regarding this Pandemic Bill.  The video can be accessed below:

 

We’ve always viewed this as a rule of law issue not as a political issue .. there are no real checks and balances in the legislation, there’s no oversight at all by Parliament

 

Human rights review needed

The Federal Human Rights Commission needs to openly review the Pandemic Bill  and in the meantime withdraw it (if necessary with a short extension of the current State of Emergency).

 The passing of the Victorian Pandemic Bill kills human rights in Victoria.

This is not a matter of politics but about human rights recognised by a Labour Government in the original Charter of Human Rights and in the International Bill of Rights.

This killing is carried out under the subterfuge of the Minister of Health making pandemic orders; s165AI.  But the Health Minister is not independent and is a disguise for the Premier of the day, presently Dan Andrews, and pandemic orders may have little to do with a pandemic.

Pandemic orders are effectively unlimited and unreviewable.

 Unlimited, in that an order can require detention of persons, restricting movement, regulating public or private gathering, requiring provision of information and requiring testing and medical examination of persons; s165AI.  And can differ between or vary by reference to any attribute, including their beliefs on political beliefs; s165AK.  All on the view that the Premier believes in his effective absolute discretion that is reasonably necessary to protect public health.

 The Bill transfers power to legislate from Parliament to the effective non-reviewable discretion of one man, the Premier.

 
 

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Q&A on the Proposed Pandemic Bill

Will lockdowns continue in this new Bill?

The Premier and Health Minister will have absolute, unreviewable power to indefinitely keep Victorians in lockdown.

This can be done even if there are zero cases in Victoria and can be for an indefinite period of time.

The good news is, the Premier will give you the reasons as to why he believes it is an emergency- but sadly you (or anyone else in Parliament) cannot disagree with his reasoning as long as he is satisfied there is a serious risk to public health from the (potential) pandemic.

Will there still be rules limiting what I can and cannot do?

The Health Minister can make rules (called Pandemic Orders) to protect everyone from the (potential) pandemic. The primary consideration in making the rule will be whether they are reasonably necessary to protect public health.  The Chief Health Officer will provide advice and this advice will be made available to the public.

The rules have not been limited in any way and will continue to be broad reaching and can restrict movement, require masks, or require persons to be subject to detention or quarantine requirements.

If I have a disability, can I be discriminated against?

A Pandemic Order can be directed to specific groups or class of persons. This means it can discriminate against those at most risk of getting the virus such as those in aged card facilities, people in detention facilities, Aboriginal and Torres Strait Islander people and people with a disability and can specifically cancel or restrict their rights in order to protect the health of the wider community.

Who else will have new powers?

The new rules also allow Authorised Officers such as police officers, Worksafe inspectors and health service providers to take actions and give directions that they believe are reasonably necessary to protect public health.

This will give an individual Authorised Officer the power to restrict movement, detain a person for a period, provide information or even shut down a political protest- so long as they believe it is reasonably necessary to protect public health.

Individuals must provide information to an Authorised Officer, regardless of whether it would implicate them in a wrongdoing.

Their power is unreviewable.

Who will check the rules (Pandemic Orders) are fair and reasonable?

When Pandemic Orders are made, the Health Minister will provide a statement of reasons as to why human rights such as right to movement, right to privacy, right to peaceful assembly and been limited.

Rather than the usual cross party parliamentary committee (ie MP’s from different political parties) to oversee and provide parliamentary oversight of the Pandemic Orders, there will also be an internal government body, controlled by the Premier, that will review the Pandemic Orders, recommend disallowance on narrow grounds, and make recommendations regarding any human rights that are unduly impacted.

A second body, called an Independent Pandemic Management Advisory Committee, made up of human rights, public health and community representatives will also consider the impact of the pandemic orders and table a report in parliament.  The committee can only make recommendations.

What if I get caught breaking a Pandemic Order?

Maximum fines: $21,909 (previously $1,817) for an individual breaking Pandemic Order, $109,044 (previously $10,904) for a business

However if you are caught deliberately breaching a quarantine order that has the potential to result in serious risk to health, then you could be fined up to $90,500 or two years imprisonment. Businesses could be fined up to $452,500 .

If I am unhappy with a Pandemic Order how can I complain?

Pandemic Orders will be lawful so long as the Health Minister believes they are reasonably necessary to protect public health.  It will be very difficult to prove in a court case that the Pandemic Orders are unlawful so long as the Minster believes they are reasonably necessary to protect public health.

Petitions and letters to MP’s will have some value but as the decisions of the Premier and Health Minister are not open to debate or scrutiny, your voice may not be heard.

Protests have not been expressly disallowed but can still be stopped by the Health Minister or Authorised Officer if they believe it is reasonably necessary to protect public health.

Why is this bill needed?

Under the current law, the state of emergency cannot be extended beyond 15 December 2021.  To continue to protect the public health of Victorians a new bill is required.

It is questionable why a bill with such broad reaching powers for an unknown threat in the future is needed right now, when a new specific bill could be introduced that reasonably and proportionally deals with the current pandemic based on the lessons learnt in the last 18 months.  If in the future, new powers are needed for a new threat, a new law with backing from both house of parliament can be made to provide appropriate powers relevant to the threat.

 
 

From Victorian Rule of Law

How could the bill be improved?

Suggestions by Victorian Bar President

In our interview with Mr Chris Blanden QC, President of the Victorian Bar Association he stated that the bill could be fixed by deleting the executive panel and including a cross-party parliamentary committee.  He also highlighted the need to be able to disqualify proclamations if you failed to provide reasons or advice within the relevant time frames.  The power of the Authorised Officers should also be reviewed- especially their power to detain people.

Suggestions by Victorian QC’s in their open letter

In the open letter signed by Victoria’s top silks it stated:

The Bill should give the Minister specific powers to do specific things (such as border closures, lockdowns, mask and vaccination mandates, etc), subject to specific and prescriptive requirements listed in the Bill, and subject to unconditional Parliamentary disallowance (i.e. without requiring any SARC recommendation). If these powers prove inadequate, the Minister can come back to Parliament and seek additional powers. This is how a Parliamentary democracy is meant to work.

If there is a need for a general power to make orders in the case of some new unforeseen development requiring urgent action before Parliament has a chance to consider the proposed measures, such power should be restricted to orders that lapse after a very brief period unless confirmed by both Houses of Parliament. At the very least, the power to make general pandemic orders must be subject to unconditional disallowance by Parliament (i.e. without requiring any SARC recommendation).

The letter highlighted the following specific areas of concern:

  • Pandemic Orders will be ongoing in the foreseeable future
  • Pandemic Orders are very broad
  • Pandemic Orders can target persons based on political beliefs
  • Limited ways the Pandemic Orders can be disallowed
  • Lack of parliamentary checks on Minister’s powers 
  • Extraordinary powers of Authorised Officers
  • Removal of right to silence/priviledge against self incrimination
  • Lack of review of Authorised Officers powers

The Human Rights Law Centre

The Human Rights Law Centre outlined, before the Bill was released, elements that should be included in pandemic legislation to ensure strong human rights and democractic safeguards.  The first element, Parliamentary Scrutiny of Government’s pandemic response, was not included in the Bill:

Parliamentary scrutiny of government’s pandemic response: Dedicated cross-party parliamentary oversight committees, across Australia and internationally, have provided much needed scrutiny and accountability of governments’ pandemic responses and their use of emergency powers. Committee processes have given business, civil society and individuals a meaningful opportunity to provide information and feedback to help inform government decision-making. A dedicated parliamentary oversight committee should be established whenever pandemic powers are enlivened.

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Resources and Links

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Skip Australia

Parent led Organisation to promote / lobby for freedom of choice in regards to Covid Vaccines for children without discrimination: through the collaboration of members to support each other with research, advocacy, information sharing and networking.

Kids First Parent Resource Pack

Our Kids First Parent Pack is loaded with research and well-being information to support you in making informed decisions for your family.

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