Victorians can locked down for an unlimited period of time even if there are no cases of a virus under Daniel Andrews’ sweeping new pandemic laws.
They can also face huge fines of up to $90,870 for breaking the rules by taking off their masks or leaving home for a non-authorised reason, while businesses can be fined up to $454,350 for serious breaches.
Under the news laws, which are expected to pass the state Parliament later this month, the premier will be able to declare a pandemic and extend the declaration every three months with no vote required.
Victorians can be locked down for an unlimited period of time even if there are no cases of a virus under Daniel Andrews’ (pictured) sweeping new pandemic laws
This will allow the health minister to make ‘any order’ he deems ‘reasonably necessary’ including lockdowns, vaccine mandates and enforced mask-wearing.
On Friday more than 20 top barristers penned an open letter warning the laws give Mr Andrews ‘a blank cheque to rule by decree’.
The lawyers said this new reality will kick in as soon as the laws are passed.
‘Given the low threshold for the making of this declaration and the fact that Covid-19 is unlikely to be going away any time soon, we can expect a pandemic declaration to be in force for the foreseeable future,’ the lawyers wrote.
Businesses can be fined up to $454,350 for serious breaches of health rules. Pictured: Bar staff at Melbourne’s Public House Bar earlier this month
‘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 Opposition has labelled the laws an ‘assault on democracy’ and branded Mr Andrews a ‘dictator’ – but they are very likely to pass with the help of three crossbench politicians who made a deal with the Labor Government.
So what will life look like for Victorians under the new laws?
Huge fines and jail
The new laws state a person can be fined up to $21,909 for breaching a pandemic order.
This could include not wearing a mask, breaking a movement limit, attending an illegal protest or a gathering, refusing to get tested or failing to show ID.
Businesses can be fined up to $109,044 for breaking rules which may include failing to make sure customers check-in or show proof of vaccine status.
The new law will allow the health minister to make ‘any order’ he deems ‘reasonably necessary’ including lockdowns, vaccine mandates and enforced mask-wearing. Pictured: Melbourne in lockdown earlier this month
In addition, there is a new aggravated offence for breaches that ’cause a serious risk to the health of another individual’.
These can be punished with a $90,870 fine and two years in jail. An example given in the bill is someone going to work when they are infectious and should be isolating.
Businesses can also be guilty of an aggravated offence, with a maximum fine of $454,350 if, for example, they refuse to obey a lockdown and encourage customers to also flout the rules.
Power to the premier
Under the new laws the premier would be able to declare a pandemic for three months an unlimited number of times.
The current state of emergency laws require a parliamentary vote to extend them every 12 months – but the new laws have no time limit.
The health minister will be able to sign off on public health orders instead of the Chief Health Officer, a role currently held by Brett Sutton.
This gives the health minister the power to enforce lockdowns, shut down businesses, restrict movement, require masks, ban public gatherings, and enforce quarantine and isolation – powers currently held by the unelected CHO.
These powers can be implemented regardless of the number of disease cases or severity.
The bill will also extend the mandatory payment for hotel quarantine beyond 31 December.
Vaccine mandates and lockdowns for anti-vaxxers
The bill states that a pandemic order such as a lockdown or a vaccine mandate ‘may apply to, differentiate between or vary in its application to persons or classes of person’.
This allows the Government to select who it wants to apply the order to, including people who have been at a certain event, who live in a certain area or who have a certain type of job.
The Government can discriminate based on ‘presence in a pandemic management area; participation at an event; an activity they have undertaken; their characteristics, attributes or circumstances,’ the bill says.
It also allows the Government to lockdown unvaccinated people only.
Under the new laws the premier would be able to shut down businesses, restrict movement and ban public gatherings even if there were no disease cases in Victoria. Pictured: A protester is arrested by police at a protest in St Kilda earlier this month
The bill says the Government can discriminate based on attributes defined in the Equal Opportunity Act 2010 which include race, religion, sexual orientation, marital status and political views.
The group of lawyers against the bill warned a future health minister could target people based on their ‘political beliefs or activities that involve questioning or opposing the government public health measures.’
But Health Minister Martin Foley said those factors would not be taken into account.
‘Any suggestion that those other considerations of the public health processes, that is just really mischief making. These are recommendations that come forward on clinical and epidemiological grounds. Not those kinds of characteristics,’ he said.
Professor Brett Sutton said attributes and characteristics could refer to ‘intimate partners having the opportunity to see other individuals… people normally resident in regional Victoria… children under 16 years of age because they haven’t had a vaccination opportunity… vaccinated or unvaccinated individuals in a vaccinated economy.
‘You need the agility to spread to those characteristics and attributes that might exclude someone from a public health order and that might be directed at someone,’ he said.
Victorian Liberal MP crashes car while drink driving
One of Daniel Andrews’ biggest critics – Liberal MP Tim Smith – has resigned from shadow cabinet after drink driving.
Shocking photos have emerged of the former Shadow Attorney-General’s wrecked car after he ploughed his car into another vehicle and a fence while driving three times over the legal drinking limit.
The Liberal MP resigned from his senior post with the Victorian state opposition on Sunday, marking a major setback in his party’s fight to seize power from the Andrews’ government.
The Liberal MP’s white Jaguar was left crumpled after it collided with a fence and another car on Power Street in Hawthorn
According to Victoria Police, Mr Smith’s vehicle collided with another before smashing into a fence on Power Street in Hawthorn, in Melbourne’s inner east, about 8.55pm on Saturday.
Witnesses say the 38-year-old was ‘acting erratically’ in the moments after the crash as he desperately tried to reverse out of the fence.
Photos taken by at the scene show the front of Mr Smith’s white Jaguar embedded inside the metal panel, as debris collected when the car mounted the kerb laid strewn across the pavement.
Another image taken a short time later shows the crumpled car being towed away on the back of a truck, its bonnet completely crushed during the crash.
Mr Smith was taken to the police station where he blew a 0.131 alcohol reading – far higher than the 0.05 legal limit.
Photos have emerged of Shadow Attorney-General Tim Smith’s car embedded in a metal fence after he crashed in Melbourne’s inner east on Saturday night while drink driving
Tiered fines system
In a small win for disadvantaged people, the bill will allow disadvantaged people to apply for a ‘concessional’ fine.
Greens leader Samantha Ratnam negotiated this in discussions with the Government.
She said: ‘I’m pleased that the Greens have been able to make sure these new laws have more transparency and are fairer for all Victorians, especially those facing disadvantage.’
Barista Maelys is seen at work at Cafe Chez Mademoiselle in Prahran, Melbourne, last week
Make health advice public
The Victorian Government has faced constant criticism for not releasing the health advice that its lockdown decisions are based on.
The bill will require the publication of the reasons for the Chief Health Officer recommending a pandemic order.
It will also establish an Independent Pandemic Management Advisory Committee to scrutinise Government decisions and health advice.
Under the new laws the premier would be able to declare a pandemic for an unlimited time, with an extension required every three months. Pictured: Victoria Police earlier this month
QR safeguards
The new laws will ensure stronger safeguards to stop unlawful access to QR code check-in or contact tracing data, with a new offence in place.
It means police can only get hold of the data if there is an ‘imminent threat’ to someone’s life.
Officers must acquire a Supreme Court order to access the data.
This comes after it was revealed in June that police failed three times to get access to QR code data.
Reaction to the law
Opposition leader Matthew Guy said he would throw out the laws if he won the November 2022 election.
‘I’ve never seen such an attack on Australian democracy as rules like this’ where ‘one man can rule by decree,’ he said.
The existing power of Chief Health Officer Brett Sutton (left) to make special public health orders would be passed over to health minister Martin Foley (right) under the new laws
The Opposition will propose a 60 per cent majority in both houses of parliament be required before a pandemic or an extended state of emergency can be declared.
Under the proposed alternative, the state of emergency powers and the need for them would have to be re-examined and voted on every 30 days.
But Greens leader Samantha Ratnam backs the laws because she says they are better than the current state of emergency powers.
‘I’m pleased that the Greens have been able to make sure these new laws have more transparency and are fairer for all Victorians, especially those facing disadvantage,’ she said.
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