Public Health and Wellbeing Amendment (Pandemic Management) Bill 2021

30 November 2021

Victoria’s State of Emergency laws were never designed for a long-term pandemic. The Public Health and Wellbeing Amendment (Pandemic Management) Bill 2021 is intended to be fit-for-purpose legislation to respond to the ongoing COVID19 pandemic, and any new pandemics that may arise in the future, and significantly improves upon the current State of Emergency laws.

Throughout this pandemic the Commission has recognised that introducing public health measures designed to safeguard human life while upholding human rights is a delicate balancing act. To this end, we have advocated that the Government’s response should be based on six key principles:

• Any limitations on rights should be necessary and proportionate, and the justification for those limitations should be backed by evidence
• Pandemic specific laws that allow rights to be restricted should be time-bound
• The Charter of Human Rights should continue to apply throughout the exercise of pandemic-specific powers.
• The exercise of pandemic specific powers should be transparent and provide accessible, timely, clear and comprehensive information about limitations on human rights in a manner the public can understand
• There must be appropriate scrutiny of pandemic responses, including the decision to engage pandemic-specific powers and the exercise of them. Scrutiny ought to come from a range of sources, including parliament and the courts
• There should be additional safeguards and supports built in to minimise the limitation on human rights, prevent the abuse of power and mitigate the risk of entrenching inequality.

The proposed amendments to the Government’s Pandemic Management Bill positively reflect these principles.

Importantly, the proposed Bill makes clear that the Charter of Human Rights and Responsibilities will continue to apply when pandemic-specific powers are being exercised.

The proposed Bill will increase transparency and accountability for Government decision-making by requiring that the medical advice underpinning pandemic orders be made public, along with the statements about how pandemic orders comply with human rights.

It safeguards private information obtained through contract tracing (including QR code data), making it an offence to use or disclose the information other than in very limited circumstances.

Proposed amendments will also ensure that Government decision-making will be open to increased parliamentary scrutiny through the joint parliamentary Pandemic Declaration Accountability and Oversight Committee, the Chair of which will be independent of government.

The Minister will also have the benefit of advice from the Independent Pandemic Management Advisory Committee, which will comprise members with a broad range of expertise, including public health, human rights, and the interests and needs of Aboriginal Victorians and communities who experience disadvantage.

The Commission has appreciated the opportunity to work closely with Government and other Members of Parliament on the proposed Bill’s interaction with the Charter of Human Rights, and are pleased that human rights will remain at the forefront of Government decision making when managing this and any future pandemics.