Victoria's top barristers have called for Daniel Andrews to delay and wind back 'extreme' proposed laws that would give him sweeping powers to manage pandemics.
The laws, which have passed Victoria's lower house and will be debated in the upper house next week, would give the premier the power to declare a pandemic for an unlimited period of time even if there are no cases of a virus.
The move would let the health minister make 'any order' he deems reasonably necessary' which could include lockdowns, vaccine mandates, enforced mask-wearing and much more.
Protesters march against the new laws through the streets of Melbourne on Tuesday
The laws would give broad powers to the health minister to make orders and the police (pictured last month in Melbourne) to enforce them
Victorian Bar president Christopher Blanden QC previously called the proposed laws 'extreme' and said the Stasi, the secret police in communist East Germany from 1950 to 1990, would be happy with the powers.
On Wednesday the Bar - made up of hundreds of top barristers - published a submission to the Department of Health which listed several problems with the laws and demanded changes.
It came as Mr Andrews was forced to cancel a press conference outside Bendigo TAFE on Wednesday on police advice because angry protesters unhappy with the laws were gathered outside.
In its submission, the Bar said it wants a definition of a 'pandemic disease' to be spelled out and the health minister's power to be limited to specific actions.
The lawyers want the minister to have to consider the 'harm and inconvenience' his orders may cause before he makes them.
The Bar said the law gives 'breathtakingly broad' powers to public officials who would be able to 'take any action or give any direction' - except detain someone - to enforce pandemic orders and wants these powers to have a time limit.
The laws would also allow the health minister to order someone be detained. The lawyers want the reasons for possible detention spelled out and an independent review process to oversee this.
The Bar has also raised concerns the laws allow orders such as lockdowns to be applied to people based on attributes protected by the Equal Opportunity Act such as race, gender and political association.
'The Victorian Bar is particularly concerned about the inclusion of an express power to make pandemic orders that apply to a person by reference to their political belief, industrial activity or personal association with others,' the submissions said.
'The Victorian Bar recommends that the Bill be amended to exclude differentiation based on attributes that are of no obvious relevance to a person's health risk profile.'
The lawyers said 'serious concerns' had been raised and want the Bill to be delayed.
Mr Andrews relies on three crossbenchers to get the laws through. Reason Party MP Fiona Patten has said 'there will be amendments' after listening to concerns of lawyers and human rights advocates.
Mr Andrews (pictured) relies on three crossbenchers to get the laws through parliament
The new laws state a person can be fined up to $21,909 for breaching a pandemic order.
This could include not wearing a mask, breaking a movement limit, attending an illegal protest or a gathering, refusing to get tested or failing to show ID.
Businesses can be fined up to $109,044 for breaking rules which may include failing to make sure customers check-in or show proof of vaccine status.
The new law will allow the health minister to make 'any order' he deems 'reasonably necessary' including lockdowns, vaccine mandates and enforced mask-wearing. Pictured: Melbourne in lockdown in October
In addition, there is a new aggravated offence for breaches that 'cause a serious risk to the health of another individual'.
These can be punished with a $90,870 fine and two years in jail. An example given in the bill is someone going to work when they are infectious and should be isolating.
Businesses can also be guilty of an aggravated offence, with a maximum fine of $454,350 if, for example, they refuse to obey a lockdown and encourage customers to also flout the rules.
Power to the premierUnder the new laws the premier would be able to declare a pandemic for three months an unlimited number of times.
The current state of emergency laws require a parliamentary vote to extend them every 12 months - but the new laws have no time limit.
The health minister will be able to sign off on public health orders instead of the Chief Health Officer, a role currently held by Brett Sutton.
This gives the health minister the power to enforce lockdowns, shut down businesses, restrict movement, require masks, ban
