The Victorian Upper House has passed the dreaded Omnibus Bill, with minor amendments and help of several crossbench members bought by the Labor Party, that gives Premier (dictator) Daniel Andrews additional powers to manage (mismanage) the Covid-19 crisis. The Bill lapses on April 26, 2021. With daily infection cases in Victoria below 10 and falling, people need to question the need for this Bill. Unless, of course, Daniel Andrews is not interested in restoring public freedom and get the state economy moving again, intent on holding onto his dictatorial power.
What was the big deal with the original Bill? Indefinite detention of any person by an authorized officer who is suspected to be a public health risk! The amended Bill has removed the ‘indefinite detention’ clause, but everything else is still there! ANYONE appointed by the Chief Health Officer or the government can walk into your house, arrest and detain you merely on suspicion that you might be a health risk! People need to be aware that their rights and freedoms have been severely compromised by this Bill, which states:
This Part applies despite anything to the contrary in—
(i) the Charter of Human Rights and Responsibilities;
(ii) the COVID-19 Omnibus (Emergency Measures) Act 2020;
(iii) the Constitution Act 1975, or any other law.
What does this mean? Everyone’s implied rights and freedoms – Australia does not have the equivalent of a Bill of Rights – are suspended! Dictator Dan can basically do whatever he wants. As the resigned Victorian Health Minister, Jenny Mikakos, said, Daniel Andrews is not interested in containing Covid-19, but eradication, which is impossible. He wants to totally destroy the Victorian economy and run up an enormous debt, that under the secret Belt and Road Initiative he signed with China, the Chinese Communist Party will control this state. He won’t care. He would have resigned, or happy to see the Labor Party out of office come the next election.
Read the Omnibus Bill yourself – Introduction print – Explanatory Memorandum.
TEXT EXTRACTS FROM THE BILL
Section 30(1) provides that the Secretary by instrument may appoint a person employed under Part 3 of the Public Administration Act 2004 to be an authorised officer for the purposes of the Public Health and Wellbeing Act 2008. New section 30(1A) provides that, in addition to the persons who may be appointed under section 30(1), the Secretary by instrument may appoint any of the following to be an authorised officer for the purposes of the Public Health and Wellbeing Act 2008.
- a person the Secretary considers appropriate for appointment based on the person’s skills, attributes, experience or otherwise;
- a person included in a prescribed class of person. This will expand the persons who may be appointed as authorised officers. It is intended to include additional public sector employees from Victoria as well as such employees from other Australian jurisdictions, and individuals with connection to particular communities to ensure that certain activities, such as contact tracing, can be conducted in a culturally safe manner.
Section 192(1) of the Public Health and Wellbeing Act 2008 provides that an authorised officer may be assisted by any person in exercising a public health risk power under an authorisation given by the Chief Health Officer under section 189 of the Public Health and Wellbeing Act 2008.
The emergency powers are—
- to detain any person or group of persons in an emergency area for the period reasonably necessary to eliminate or reduce a serious risk to public health;
- to restrict the movement of any person or group of persons within an emergency area;
- to prevent any person or group of persons from entering an emergency area;
- to give any other direction that the authorised officer considers is reasonably necessary to protect public health.
Section 200A(1) provides that a designated authorized officer may detain a person under section 200(1)(a) of the Public Health and Wellbeing Act 2008 if —
- a direction has been given in the exercise of an emergency power under section 200(1)(a), (b), (c) or (d);
- the designated authorised officer reasonably believes that a person who is required to comply with the direction is a high risk person and is likely to refuse or fail to comply with the direction.
Section 200(1)(a) of the Public Health and Wellbeing Act 2008 provides an emergency power to detain any person or group of persons in an emergency area for the period reasonably necessary to eliminate or reduce a serious risk to public health.
Section 200(6) of the Public Health and Wellbeing Act 2008 requires an authorised officer to review, at least once every 24 hours during the period that a person is subject to detention under section 200(1)(a), whether the continued detention of the person is reasonably necessary to eliminate or reduce a serious risk to public health.
Section 200A(3)(b) provides that the reference in section 200(6) to whether the continued detention of the person is reasonably necessary to eliminate a serious risk to public health is taken to be a reference to whether the continued detention of the person is reasonably necessary because a designated authorised officer reasonably believes that the person is a high risk person who is likely to refuse or fail to comply with the direction.
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