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Dictator Dan has shown his true colours with the Pandemic Management Bill

By Andrea Tokaji - posted Tuesday, 2 November 2021


Part 8A of the Bill, which deals with the Protection of life and public health during pandemics also outlines an intention to preempt pandemics and act in accordance to this 'potential', without the required evidence to support the fact that there is an actual pandemic.

Section 165A(1)(a) states: "The objective of this Part is to protect public health and wellbeing in Victoria by establishing a regulatory framework for preventing and managing the serious risk to life, public health and wellbeing presented by the outbreak or spread of pandemics and diseases of pandemic potential".

Further to this, section 165AB(3)(a) and (b) states: "The Premier may make a pandemic declaration whether or not, at the time the declaration is made; the pandemic disease is present in Victoria; or the disease is a disease of pandemic potential that is occurring or has occurred in Victoria".

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Section 165AE(8)(b) which deals with Variation, extension and revocation of a pandemic declarations specifies that the Premier may vary or extend the pandemic declaration based on the fact that the'disease' was "a disease of pandemic potential at that time". A pandemic potential.

This board definition of 'pandemic potential' raises the legal issues of proportionality, inconsistency and unconstitutionality.

Whenever I swim at the ocean, there is a real potential I will be eaten by a shark - especially in Perth! Should we therefore mandate a ban on swimming at the beach?

Whenever I get into my car to drive from A to B, there is always a potential for a car accident - given the amount of idiots on the road! How do we legislate against this potential?

The Bill includes an Independent Pandemic Management Advisory Committee established under section 165CE(1) of the Bill, which will apparently include public health and human rights experts to review public health orders.

Given that Victoria already has a Charter of Human Rights and Responsibilities Act 2006, and we have seen a lack of acknowledgement of the rights of Victorians in the last 20 months - what is this apparent Committee to review Orders for 'potential pandemics' going to change?

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Rights and freedoms, explicitly outlined in the Victorian Human Rights Charter applicable to all Victorians such as the freedom to privacy (s13); freedom of movement (s12); freedom of expression (s15); peaceful assembly and freedom of association (s16); the right to liberty and security of person (s21); taking part in public life (s18); and the recognition and equality before the law (s8) have all been overlooked and ignored during the "state of emergency".

Inalienable human rights such as the right to life, the right to work, freedom fo conscience, speech, movement and association and the freedom of religion are endowed upon us by God, as recognised by Elanor Roosevelt, a drafter of the Universal Declaration of Human Rights in 1946, and therefore cannot be taken away from anyone by any other person or by law.

A further problem with this proposed Bill is that the State Government had waited until 6pm the night before the Bill was due to be introduced into parliament to brief Ministers on the laws that affect every Victorian. This is a common political strategy to ensure a lack of parliamentary debate and negotiation in relation to the specific sections of the Bill.

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About the Author

Andrea Tokaji is a lecturer in Business and Law at Sheridan, Perth, and is a trained international human rights lawyer.

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