Categories
Civil Liberties Daniel Andrews Emergency Powers

Victorians Can Be Detained Indefinitely Without a Trial Under Proposed COVID Powers

Jill Hennessy Australian Labor Party member for Altona and the Attorney General of Victoria introduced the COVID-19 Omnibus Emergency Measures and Other Acts Amendment Bill 2020 into the Victorian Legislative Assembly on Thursday, 17th September 2020.

Jill Hennessy (ALP)

The bill came after the following media release published on Tuesday, 15th September 2020.

The bill contains provisions that allow authorised officers such as Victoria Police to detain Victorians and keep them detained without a trial indefinitely even if they do not have COVID-19.

According to the bill, a person can be detained if they considered by authorities to be “high risk person” which means that the individual allegedly has COVID-19 or allegedly has had close contact with someone with COVID-19.

There are no provisions for appealing this detention, there will be no trial before you get detained and there is no maximum time a Victorian can be held for under this legislation.

Check out this great video from Discernable Official describing the COVID-19 Omnibus Amendments Bill in detail.

Coverage from the Press

https://www.theage.com.au/national/victoria/people-who-refuse-to-self-isolate-could-be-detained-under-proposed-victorian-law-20200914-p55vm0.html

https://www.news.com.au/lifestyle/health/health-problems/victoria-fights-for-power-to-detain-highrisk-covid19-spreaders/news-story/33249f1a2311506b14c071c8399eb4b1

https://www.michaelsmithnews.com/2020/09/victorias-thought-police-laws.html

EXCLUSIVE: Daniel Andrews’ plan for indefinite detention – and more
Daniel Andrews’ indefinite detention plans – and yet more questions

https://www.theaustralian.com.au/nation/coronavirus-judges-qcs-call-on-daniel-andrews-to-drop-covid19-omnibus-bill/news-story/ed5d1771d7800d15ca5f96a14f2cc306

https://www.theage.com.au/national/victoria/unconstrained-powers-top-legal-minds-warn-andrews-government-bill-enables-arbitrary-detention-20200922-p55y6f.html

https://www.afr.com/politics/former-top-cops-blast-andrews-power-grab-20201001-p560z4

Notable Lack of Coverage by Tax Payer Funded Broadcaster ABC

18 September 2020 Debates in the Victorian Legislative Assembly

Concerns expressed from the Liberal Party

Tim Smith (Liberal Party)

David Morris (Liberal Party)

Concerns expressed from the Greens

Tim Read (Greens Party)

Tim Read ended up voting for the bill to pass the Legislative Assembly.

Bill Passed in the Legislative Assembly

Australian Labor Party and Greens voted for the bill to pass in the Legislative Assembly.

The bill passed in the Victorian Legislative Assembly on 18/09/2020

See the votes recorded in the Hansard below.

Hansard – https://parliament.vic.gov.au/images/stories/daily-hansard/Assembly_2020/Legislative_Assembly_2020-09-18.pdf

For information on how a law is made in the Victorian Parliament check out the video embedded below.

Concerns Raised by QCs and Retired Judges in Victoria

Concerns Raised by Liberty Victoria

Concerns have been raised by the civil liberties organisation Libery Victoria on their website.

Concerns Raised By IPA

Concerns Raised by Victorian Aboriginal Legal Service Co-operative Limited (VALS)

https://www.vals.org.au/vals-strongly-opposes-preventative-detention-forming-part-of-the-covid-19-response/

Concerns Raised by Human Rights Watch

https://www.hrw.org/news/2020/09/24/australia-harsh-police-response-during-covid-19

Concerns Raised by Victorian Equal Opportunity and Human Rights Commission

https://www.humanrights.vic.gov.au/news/statement-the-omnibus-amendment-bill-and-human-rights/

Commentary from Members of the Victorian Parliament Upper House

David Limbrick (Liberal Democrats)

David Limbrick voted against the 6 month State of Emergency extension in Victoria

Fiona Patten (Reason Party)

Reason Party won’t support controversial omnibus bill in ‘current form’

Fiona Patten was one of the 3 Victorian Parliament Upper House members that voted for the 6 month State of Emergency extension in Victoria

Fiona Patten claims that this will not be voted on in the Victorian Legislative Council until October 14th, 2020.

What can Victorians do to stop this bill from passing?

Contacting Members of the Victorian Legislative Council

We need to contact members of the Victorian Legislative Council (Victoria’s Upper House of Parliament) to convince them to vote against this bill.

Reignited Democracy Australia have kicked off a campaign to contact members of Victorian Parliament about this bill.

Follow the link above to get involved if you are concerned about the implications to the civil liberties of Victorians from this bill.

Make sure to also share the link to the campaign with your family and friends that would also be interested in this.

Make a Submission to SARC

The Scrutiny of Acts and Regulations Committee (SARC) advised they will take public submissions regarding this COVID-19 Omnibus bill. The deadline is 5pm, Wednesday, 7 October 2020.

If you are concerned about the bill, you can write a submission via email. The address is: sarc@parliament.vic.gov.au

Anyone in Australia can make a submission, it is not limited to Victorians.

Check out the YouTube video I created on my submission to SARC on the COVID-19 Omnibus Bill.

Get access to the submission document at the link below.

https://docs.google.com/document/d/1nTzpFIeh9vn7uCh7MKFDKivBf2zYdzXkWohnjklLJts/edit?usp=sharing

Categories
Daniel Andrews Emergency Powers

Who is Responsible for the 6 Month State of Emergency Extension in Victoria?

Daniel Andrew’s Labor and three upper house cross benchers voted to extend the State of Emergency in Victoria an addition 6 months bringing it to a total length of 12 months.

The three cross bench members from the Victorian Legislative Council that supported the extension are:

  • Andy Meddick from the Animal Justice Party
  • Fiona Patten from the Reason Party
  • Samantha Ratnam from the Greens Party

What is the current composition of the Parliament of Victoria?

The Parliament of Victoria contains a lower house and upper house and has a total of 128 members across the entire parliament.

The lower house of the Parliament of Victoria is the Victorian Legislative Assembly and has 88 members.

The upper house of the Parliament of Victoria is the Victorian Legislative Council and has 40 members.

Composition of the Victorian Legislative Assembly

PartySeats Held
Labor55
Liberal21
National6
Greens3
Independent3
Total 88

Composition of the Victorian Legislative Council

PartySeats Held
Labor18
Liberal10
National1
Justice2
Liberal Democratic2
Animal Justice1
Greens1
Reason1
Shooters, Fishers, Farmers1
Sustainable Australia1
Transport Matters1
Independent1
Total 40

Who Voted For the State of Emergency 6 Month Extension?

Fiona Patten (Reason Party)

Andy Meddick (Animal Justice Party)

Who Voted Against the State of Emergency 6 Month Extension?

Liberal Democrats

Categories
Civil Liberties Emergency Powers

What Powers Does a State of Emergency Grant in Victoria?

The State of Emergency powers in Victoria are documented under the Public Health and Wellbeing Act 2008. In this post, I will go through some of the concerning powers authorised under the emergency powers legislation.

The Power to Detain People

200 Emergency powers (1) The emergency powers are – (a) subject to this section, detain any person or group of persons in the emergency area for the period reasonably necessary to eliminate or reduce a serious risk to public health;

Section 200 (1)(a), Public Health and Wellbeing Act 2008

The Power to Restrict People’s Movement within an Emergency Area

200 Emergency powers (1) The emergency powers are – (b) restrict the movement of any person or group of persons within the emergency area;

Section 200 (1)(b), Public Health and Wellbeing Act 2008

The Power to Restrict People’s From Entering an Emergency Area

200 Emergency powers (1) The emergency powers are – (c) prevent any person or group of persons from entering the emergency area;

Section 200 (1)(b), Public Health and Wellbeing Act 2008

The Power to Enter, Search and Seize Property From People’s Homes Without a Warrant

190 Public health risk powers (1) The public health risk powers are— (c) subject to subsection (7), without a warrant, enter any premises and search for and seize any thing that is necessary for the purpose of investigating, eliminating or reducing the risk to public health;

Section 190 (1)(c), Public Health and Wellbeing Act 2008
Categories
Chinese Influence Victoria Police

Chinese Communist Flag Raised at Box Hill Police Station

On October 1, 2019, a ceremony was held where the Chinese communist flag was raised at Box Hill Police Station.

Below is video footage taken from this event.

Who was present at the Box Hill Police State Chinese Flag raising ceremony?

Gladys Liu (Liberal Party, MP for Chisholm)

Gladys Liu, MP for Chisholm, Liberal Party at the Box Hill Police Station Chinese Flag Raising Ceremony

Paul Hamer (ALP Member for Box Hill)

“I represent a strong multicultural electorate and will always be proud of the contribution Chinese Australians have made and continue to make to my community and our State. I attended this event alongside Victoria Police, the local council and opposition.”

Paul Hamer, Source: The Australian
Paul Hamer, Member for Box Hill, ALP raising the Chinese Flag at Box Hill Police Station
Paul Hamer dining with Premier of Victoria, Daniel Andrews, ALP
Paul Hamer

Bill Bennett (Mayor of the City of Whitehorse)

Bill Bennett, Mayor of the City of Whitehorse raising the Chinese Flag at Box Hill Police Station

Neil Angus (Liberal Party, Member for Forest Hill)

Neil Angus, Member for Forest Hill, Liberal Party at the Box Hill Police Station Chinese Flag Raising Ceremony

Commentary by Victoria Police Chief Commissioner Graham Ashton

“I haven’t heard about the anthem. I don’t know whether that was played. But certainly the flag was flown, and it’s been the last few years, I think, at the local station,”

“They’ve got a good relationship with the local Chinese business community and they’ve been working in collaboration with the local council about the build-up for Chinese New Year and the kick-off for celebrations, and then the Chinese national day.”

“Box Hill has a very high population of Chinese residents and businesses, particularly Chinese-owned businesses, and I think the previous years we haven’t sort of heard ‘boo’ about it, but I think with the heightened awareness around the Hong Kong situation and what we know about some of the other more active situations at the moment, it’s probably something that the local station will have a think about for next year, I guess,”

Graham Ashton, Source: ABC radio

Reporting by ABC

Tax payer funded news media ABC refuses to cover in English that the Chinese communist flag was raised at the Box Hill Police Station. They did cover it, but it was only written in Chinese.

Categories
Daniel Andrews Emergency Powers

Daniel Andrews to Extend State of Emergency in Victoria by 12 Months

Categories
Victoria Police

Questionable Use of Force By Victoria Police During COVID19 Restrictions

This post has been created to document events involving questionable use of force by Victoria Police while policing various COVID19 restrictions across Melbourne and throughout Victoria.

May 10 2020, Melbourne CBD Anti Lock-Down Protests

The arrest of Fanos Panayides by Victoria Police while he is giving a speech during the protest.

Also during the protest, a man is standing with a pram with a child inside it when Victoria Police forcibly separate the two while issuing bystanders move on orders.

Arrest of a Woman Demonstrating in Hoppers Crossing

August 10 2020, Arrest of a Woman for not Wearing a Mask in Collingwood

Victoria Police Demand the Address and Evidence of an Exemption for not Wearing a Mask

Man that Puts Out Bins During Curfew Threatened by Victoria Police

Victoria Police enter the property without a warrant.

Victoria Police Swarm Melbourne Residents Going for a Walk in Dandenong

A Victoria Police officer threatens multiple individuals walking in Dandenong with pepper spray.

Victoria Police Question a Woman at Home Over Facebook Posts in Relation to Dandenong Walks

Pregnant Woman Arrested by Victoria Police for Incitement over a Lockdown Protest Facebook Post

Victoria Police Break Down a Door to Arrest James Bartolo for Incitement

Categories
Civil Liberties

What does a State of Disaster mean in Victoria?

A State of Disaster was declared by the Premier of Victoria, Daniel Andrews for the second time in 2020 on Sunday, 2nd August 2020 in response to the spread of widespread cases of COVID19 throughout the Victorian community.

Declaration of a State of Disaster by Daniel Andrews, 2nd August 2020 in the Victoria Government Gazette – Source

The last time a State of Disaster was declared in Victoria was also by Daniel Andrews which occurred on January 2nd 2020 in response time widespread bushfires that occurred across rural Victoria.

Declaration of a State of Disaster by Daniel Andrews, 2nd January 2020 in the Victoria Government Gazette – Source

Powers and Duties available under the Emergency Management Act 1986

The law that describes what a state of disaster means in Victoria is the Emergency Management Act 1986 [pdf]. Section 24 of the Act describes the powers available under the Emergency Management Act 1986.

Some of these powers are quite concerning and practically push the state of Victoria into a dictatorship given the number of freedoms that are being stripped from citizens by the state government.

Access to infinite government resources

According to section 24(1) of the legislation the minister has access to infinite government resources to use for responding to the disaster. This includes the use of all government agencies and financial resources from the government.

In a state of disaster, the Minister is responsible for directing and co-ordinating the activities of all government agencies, and the allocation of all available resources of the Government, which the Minister considers necessary or desirable for responding to the disaster.

Section 24(1) Emergency Management Act 1986

Control the actions committed by any government agency

Under section 24(2)(1)(a) of the legislation, the minister can control the actions by any government agency in Victoria by either preventing them from doing an action or forcing them to carry out an action.

(2) In addition to and without in any way limiting the generality of subsection (1), in a state of disaster the Minister may—
(a) direct any government agency to do or refrain from doing any act, or to exercise or perform or refrain from exercising or performing any function, power, duty or responsibility; and

Section 24(2)(1)(a) Emergency Management Act 1986

Suspend any active laws in Victoria

Under section 24(2)(1)(b) of the legislation, the minister can partially or fully suspend any active laws in Victoria if they inhibit a response or recovery from the disaster.

(2) In addition to and without in any way limiting the generality of subsection (1), in a state of disaster the Minister may—
(b) if it appears to the Minister that compliance by a government agency with an Act or subordinate instrument, which prescribes the functions powers duties and responsibilities of that agency, would inhibit response to or recovery from the disaster, declare that the operation of the whole or any part of that Act or subordinate instrument is suspended; and

Section 24(2)(1)(b) Emergency Management Act 1986

Confiscate anyone’s property

Under section 24(2)(1)(c) and section 24(5) of the legislation, the minister can confiscate anyone’s property if it is needed or desirable for responding to the disaster. There is no requirement to pay market rates or any compensation for this property that has been confiscated. The law under section 24(5) only states that the person that had their property stolen may receive compensation if the minister permits it.

(2) In addition to and without in any way limiting the generality of subsection (1), in a state of disaster the Minister may—
(c) take possession and make use of any person’s property as the Minister considers necessary or desirable for responding to the disaster; and

Section 24(2)(1)(c) Emergency Management Act 1986

(5) If the property of a person is taken or used under subsection (2)(c) that person may receive such compensation as is determined by the Minister

Section 24(5) Emergency Management Act 1986

Control your movements

According to section 24(2)(1)(d) of the legislation, the minister has the power to stop you from entering or prevent you from leaving any location within the disaster area or any part of the disaster area.

(2) In addition to and without in any way limiting the generality of subsection (1), in a state of disaster the Minister may—
(d) control and restrict entry into, movement within and departure from the disaster area or any part of it; and

Section 24(2)(1)(d) Emergency Management Act 1986

In addition to preventing you from entering or leaving a location, the minister can also force you to leave a location under section 24(2)(1)(e) of the legislation.

(2) In addition to and without in any way limiting the generality of subsection (1), in a state of disaster the Minister may—
(e) compel the evacuation of any or all persons from the disaster area or any part of it.

Section 24(2)(1)(e) Emergency Management Act 1986

There are some limits to the power of the minister forcing people to evacuate an area only if the person has a “pecuniary interest” in the land, building, or it’s contents.

(7) The power of the Minister under subsection (2)(e) may not be exercised so as to compel the evacuation of a person from any land or building if the person has a pecuniary interest in the land or building or in any goods or valuables on the land or in the building.

Section 24(7) Emergency Management Act 1986