Covid-19: Scott Morrison blasts Daniel Andrews' 'extreme' laws

Covid-19: Scott Morrison blasts Daniel Andrews' 'extreme' laws
Covid-19: Scott Morrison blasts Daniel Andrews' 'extreme' laws

Daniel Andrews and Scott Morrison are pictured in Melbourne on Thursday

Daniel Andrews and Scott Morrison are pictured in Melbourne on Thursday 

Scott Morrison has criticised Daniel Andrews' proposed laws that would give him sweeping new 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, with fines of up to $454,350 for rule-breakers.

The Prime Minister said Premier's bid to secure more power was 'confusing' when Australia is finally opening up after 18 months of Covid-19 restrictions - and said Aussies want governments to stop interfering in their lives. 

'Victorians have gone through the worst of the pandemic... I can understand their frustration where governments are seeking to have more involvement in their lives,' he told radio 3AW on Friday.

'We're going in the opposite direction... Australians have had enough of governments telling them what to do. 

'That's been necessary for a couple of years but we're coming out of that now and I think the timing of this is confusing.' 

Protesters march against the new laws through the streets of Melbourne on Tuesday

Protesters march against the new laws through the streets of Melbourne on Tuesday

But Mr Morrison refused to criticise any harder, saying he would leave that job to the Victorian Opposition. 

'Well, look, I'm always respectful of the Federation, and I am respectful. I don't give lectures to through this pandemic. I respect the Federation,' he said.

'I work with all the premiers and chief ministers but the key message about this is it's your call, your responsibility and don't expect the federal government to go and argue your case when it's not a policy that we have.'

It comes after Victoria's top barristers called for Mr Andrews to delay and wind back the proposed laws.

The laws would give broad powers to the health minister to make orders and the police (pictured last month in Melbourne) to enforce them

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.  

What are the main concerns with the Bill? 

No definition of a pandemic

Broad powers to the Health Minister to make 'any order'

Reasons for detaining someone not defined

'Breathtakingly broad' powers to public officials to enforce laws

Allows orders such as lockdowns to apply to people based on political views or association

Health advice does not have to be published until 14 days after decision

Rules that breach human rights laws may not be invalidated and overturned

Source: Victorian Bar    

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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

Mr Andrews (pictured) relies on three crossbenchers to get the laws through parliament

Huge fines and jail

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

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.

What are the fines in Daniel Andrews' new law? 

 $21,909: This fine is for breaching a pandemic order such as not wearing a mask, breaking a movement limit, attending an illegal protest or a gathering, refusing to get tested or failing to show ID.

$90,870: This fine is for an aggravated offence for breaches that 'cause a serious risk to the health of another individual' such as going to work when  infectious.

$109,044: This fine is for businesses breaking rules which may include failing to make sure customers check-in or show proof of vaccine status.

$454,350: This fine is

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