Re: Pandemic Management bill. Health and well-being Act 2021.
Reply #8 –
Bear in mind that the Bill has now been substantially re-written to gain the support of the crossbench. Apparently, it now has their support and will be passed in the Legislative Council - democracy at work
The major changes to the Bill are:
- Significant reductions in fines for breaching public health orders.
- A stronger threshold for declaring a pandemic (I thought that a WHO declaration would be the trigger but weren't they slow in responding to COVID?).
- Strengthened human right protections.
- The right to protest to be enshrined in regulation.
- Guaranteed resourcing for an independent oversight committee.
- Faster publication of public health advice (within seven days of a pandemic order being made, down from 14).
- Clarifying that pandemic orders targeted on the basis of personal attributes must be relevant to the public health risk.
Reactions to those changes are mixed:
- Ombudsman, Deborah Glass, wants a budget increase so that she can effectively scrutinise the operation of the Act (if passed).
- The Victorian Bar and Law Institute remain concerned about effective oversight and control.
- The Australian Industry Group is concerned by the powers vested in authorised officers, or bureaucrats.
- The Human Rights Legal Centre backed the amendments as "the sorts of safeguards that ultimately help government make better decisions and also help build and maintain public trust in those decisions."
Finally, public law specialist, Prof William Partlett from the University of Melbourne, said:
It seems to me that the Bill is a much-needed improvement over the current out-dated Act but lacks necessary safeguards. Prof Partlett and other eminent public law specialists have called for the creation of a specialised cross-party parliamentary committee that would immediately start operating when a pandemic declaration is put into effect. This appears to be emerging global best practice and already exists at Federal level with the Senate Select Committee on COVID-19. New Zealand has a cross-party Epidemic Response Committee.
To me, this is where our Federal system fails us. Surely National Cabinet should be able to develop parameters for consistent legislation when national issues like pandemics are concerned. I get that the States and Territories are different and may require nuanced responses to suit their particular circumstances, but it shouldn't be too hard to come up with a set of minimum requirements to apply in all jurisdictions.
This is good to read, and a relief. I was tempted to remove my post but stand by the perception that it is incredulous that the original bill could have even been proposed. An indictment and concerning attitude from Dan. The people of this nation, and Vic and NSW in particular, deserve hope and some semblance of normality.