Victorian Ombudsman reveals ‘serious gap’ in pandemic powers - Sky News Australia

The Victorian government watchdog has revealed what she thinks is a “serious gap” in the controversial pandemic powers.

Victorian Ombudsman Deborah Glass has criticised the lack of independent oversight in the Andrews government’s pandemic powers bill.

Premier Daniel Andrews unveiled a series of amendments to the bill on Tuesday before it was rushed through the upper house where it is likely to pass on Thursday.

Some of the amendments to the Pandemic Management Bill, agreed by the government and three upper house crossbenchers, were supported by the Victorian Ombudsman who said the changes were an “improvement”.

“It certainly improves transparency. The fact that public health orders will need to be published is something that we haven’t seen yet, and human rights are further embedded in this legislation, that’s also a good thing,” Ms Glass told Sky News Australia on Wednesday.

“Where the serious gap for me is the lack of independent oversight.

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“The bill is merely referring to a parliamentary committee and while they have a very important place, in my view it’s not enough.”

The legislation includes the establishment of an independent Pandemic Management Advisory Committee which will table advice on public health orders to parliament.

However, the committee – which would be appointed by the Health Minister who will be given the scope to enforce wide-ranging public health orders – will not be able to rescind or amend the government’s decisions.

Ms Glass said the existing pandemic parameters gives the Ombudsman the ability to review any such orders made by the Chief Health Officer, but once the powers are transferred to the Premier and Health Minister, her office will have no jurisdiction over the public health decisions.

The Victorian Ombudsman reviewed the Andrews government’s decision to lockdown nine public housing towers in Melbourne’s north in June last year over human rights concerns.

“That would not be reviewable by my office (under the new legislation) because… I don’t have the power to review - generally speaking - decisions by a minister of state,” she said.

“I don’t think it’s a bad thing that a decision as significant as a lockdown, a public health order should be taken appropriately by a senior minister of state.

“But that does obviously raise the gap, that if not me, if not my office who’s going to do this.”

The Ombudsman also raised the issue around the lack of consultation before the bill was tabled to Parliament, and said the first details were revealed only when the legislation had passed the lower house.

It comes as thousands have taken to the steps of the Victorian Parliament to protest the bill’s passage.

“If there had been a deeper more wide-ranging consultation with a wider group of legal experts, human rights experts, we may not be seeing some of the scenes we are seeing,” Ms Glass said.

“People may feel a little less disenfranchised by the process.”

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2021-11-17 06:35:02Z
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