Chief Medical Officer Paul Kelly conceded Australians could die overseas in a letter asking Health Minister Greg Hunt to implement a ban on travel from India.
Key points:
- Paul Kelly wrote to Greg Hunt asking for the travel ban and offences on Friday
- Legal experts have raised questions about the legality of some of the orders
- The travel ban, and related offences, will be in place until May 15
Critics have branded the decision to threaten would-be travellers from the COVID-ravaged country with jail time and fines of up to $66,000 as "immoral and un-Australian".
The ban was announced late on Friday night and applies until May 15, with health authorities and senior government ministers saying the pause is needed to allow quarantine facilities to process the high number of positive cases from India they are currently dealing with.
Mr Hunt's decision was based on medical advice provided by Professor Kelly in a letter sent to Mr Hunt on Friday.
But legal experts have raised questions about the legality of the decision, and what the rights are of citizens and residents who want to return to Australia.
In his letter, Professor Kelly asked for it to become an offence under the Biosecurity Act for anyone who had been in India in the last 14 days to come back to Australia.
In doing so, he acknowledged the move would set a precedent.
"I note that such a determination, if made, would be the first time that such a determination has been used to prevent Australian citizens and permanent residents entering Australia," Professor Kelly wrote.
But he also acknowledged the potential consequences of implementing the ban.
"I consider that these serious implications can be mitigated through having the restriction only temporarily in place, i.e. a pause, and by ensuring there are categories of exemptions."
Professor Kelly also laid out a number of exemptions to the travel ban, including for diplomats and their families, serving defence personnel and flight crews.
Hunt defends timing of announcement
Speaking on Monday, Mr Hunt said the late-night announcement of the travel ban was put out as soon as the decision was made.
Mr Hunt said he signed off on the order around 11:50pm "once we had worked through the evening".
"That is, sadly, what's required in a pandemic.
"But it's no less than Australians would expect of the government."
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How is such a move possible?
In March last year, the Governor-General declared a "human biosecurity emergency" in response to the emerging pandemic.
It gave the health minister the power to make emergency determinations to try to keep COVID-19 out of Australia.
As Professor Kelly outlined in his letter, any determination needs to meet certain conditions:
- That it will be effective or contribute to achieving its purpose
- That it is appropriate to the purpose
- That it is "no more restrictive or intrusive" than it needs to be, and that it is applied in that way
- That the determination is in place for only as long as it is necessary
"Due to the high proportion of positive cases arising from arrivals from India, I consider a pause until May 15, 2021, on arrivals from India to be an effective and proportionate measure to maintain the integrity of Australia's quarantine system," Professor Kelly wrote.
The penalties of jail time and fines are not decided on by either the Chief Medical Officer or the Health Minister.
Instead, the "penalty units" are written into the Biosecurity Act.
https://news.google.com/__i/rss/rd/articles/CBMib2h0dHBzOi8vd3d3LmFiYy5uZXQuYXUvbmV3cy8yMDIxLTA1LTAzL2luZGlhLWNvdmlkLXRyYXZlbC1iYW4tcmVxdWVzdC1wYXVsLWtlbGx5LWF1c3RyYWxpYS1qYWlsLWZpbmVzLzEwMDExMjUxMNIBKGh0dHBzOi8vYW1wLmFiYy5uZXQuYXUvYXJ0aWNsZS8xMDAxMTI1MTA?oc=5
2021-05-03 06:09:05Z
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