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I’m seeing justified concern about the COVID-19 Omnibus (Emergency Measures) etc Bill, but I fear some is misdirected. I’ll try to clear some of that up in this thread, to aid the discussion on how it should be amended. #SpringSt https://www.theguardian.com/australia-news/2020/oct/01/victorias-covid-omnibus-bill-unlikely-to-pass-upper-house-as-one-mp-slams-it-as-arrogant
Like most Omnibus bills it’s a varied menu of dubious items alongside necessary and uncontroversial measures which the Victorian government should split into another bill, rather than subjecting parliament to the “no dessert if you don’t eat your veggies” tactic. #SpringSt
The least palatable item on this menu would change the Public Health and Wellbeing Act (PHWA) in two respects. The first broadens who can become an “authorised officer” and give health directions, including using the power of detention. Currently they must be public servants.
Those public servants can call for police help if needed. But this bill would allow police or PSOs to become authorised officers, to determine a person is a high risk to public health and to detain them; to be judge and jailer. Apparently this change is so Victoria can…
… authorise expert staff from interstate or ethnic community leaders. That’s fine, but there’s too much evidence of heavy handed policing, over-policing of Sudanese and Aboriginal Victorians, videos of police violence toward mentally ill, for police to have this role.
And Victoria still lacks an adequate regime of police oversight. Most complaints are investigated by police. IBAC only has resources to take a very few. Hence #Greeens amendments to Omnibus bill would bar police, PSOs and security guards from this role. https://www.afr.com/politics/former-top-cops-blast-andrews-power-grab-20201001-p560z4
The second change to the PHWA allows auth officers to detain a “high risk person”, defined as a person with COVID-19 or a contact, who is unlikely to comply with directions to isolate etc. The PHWA already gives officers these powers in two other sections, why list them again?
We’re concerned it’s to allow police/PSOs to use them more frequently. We’re concerned this Vic govt is too ready to rely on enforcement and heavy fines, rather than bringing community with them. Too keen to use police, not enough mental health crisis teams for example.
If we merely remove these powers from the Omnibus bill, we would achieve little, as they already exist in the PHWA and potentially in the Commonwealth Biosecurity Act. We must not authorise police/PSOs/security guards to use them. https://www.timread.org.au/covid_19_omnibus_emergency_measures_and_other_acts_amendment_bill_20200918
We voted to send the bill to the upper house with amendments and we won’t support the bill unless our concerns are addressed. We look forward to discussions with all parties and crossbenchers to pass the necessary components of the bill.
Frenzied opposition to the bill from far right groups, interprets the bill very pessimistically, and deliberately undermines the public health response, a response that we broadly support, particularly now numbers are so low. But it should be led with care rather than force.
