Reject Victoria’s Permanent Extension

Important: Scroll right down this page, there are many examples

8 Nov 2021:

Signatures are needed:

https://chng.it/X9792yR8Lb

https://www.rebelnews.com/kill_dans_bill

https://www.noconfidence.com.au/


Update 6 Nov 2021:

Copy and Paste the below email addresses to send the emails. Ideally send and address individually

[email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected] [email protected]; [email protected] [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]

Send the below email

Make it personal. Template emails get deleted straight away. Even if you use text that has been used in a template, make sure the first paragraph and subject is unique to you.

Subject: Strong Opposition to the Public Health and Wellbeing Amendment (Pandemic Management bill)

Dear Parliamentarian

I am strongly opposed to the Public Health and Wellbeing Amendment (Pandemic Management) Bill 2021.

In this regard, I am supported by many eminent individuals, including over 20 barristers and QCs who have penned an open letter expressing their deep concerns with this Bill (see: https://origin.go.theaustralian.com.au/wp-content/uploads/2021/10/211028-Open-Letter-re-PHW-APM-Bill-2021-Vic-FINAL-1-1.pdf

I consider this Bill will enable the Premier and his Health Minister to effectively rule by decree, with unlimited and practically unreviewable power.  This should be concerning to all Victorians, irrespective of their attributes, their political leanings or views and irrespective of their vaccination status.  The pandemic powers extend beyond COVID-19 and can apply to any ‘pandemic’ as determined by the Premier.  He could simply use these power to declare the flu to be a pandemic authorising the use of these powers and there does not even need to be any community transmission or cases to justify the use of these powers.

I also consider that this Bill is ultra vires the power of the Victorian Parliament to pass such legislation, being incompatible with the Australian Constitution as well as the Magna Carta.  It is also a violation of the Charter on Human Rights and Responsibilities Act 2006 (“the Charter”) and I reject that the Statement of Compatibility is accurate in its assessment that “any potential limits on human rights under the Minister’s powers and powers of authorised officers are reasonable under section 7(2) of the Charter”.

Among the many reasons identified by the barristers in their open letter for their concerns over this Bill, I also consider the following to be reasons for opposing this proposed legislation:

The Bill gives the power to the Minister/Chief Health Officer detain a class of persons indefinitely and without any apparent judicial oversight.  This is a clear violation of section 12 of the Charter which allows every person lawfully within Victoria (such as a resident or citizen of Australia) the right to move freely within Victoria and to enter and leave it and has the freedom to choose where to live as well as a violation of section 10 (being the right to protection from cruel, inhuman or degrading treatment).  Moreover, the ability to detain such persons without due process and without access to judicial review is a violation of section 24 of the Charter which allows a person charged with a criminal offence or a party to a civil proceeding having the right to have the charge or proceeding decided by a competent, independent and impartial court or tribunal. 

The use of these powers cannot be ‘demonstrably justified’ to limit human rights in accordance with section 7(2) of the Charter where these powers are used in circumstances where there is no actual community transmission of a deadly disease, but the Bill nevertheless allows for this.  Therefore, there is an inherent inconsistency between the Charter and this Bill; this Bill authorises the limitation of rights in circumstances which are completely unjustifiable.  The Statement of Compatibility simply maintains that powers under the Bill are justifiable under section 7(2); it does not actually require any particular science or data to be applied nor any objective standard of reasonableness to be used as the benchmark for any particular order.

While the Premier touts this Bill as providing for greater transparency, it is clear that any failure to provide disclosure to Parliament of reports does not have any impact on the validity of the orders.  Far from ensuring transparency, the lack of any consequence arising from a failure to provide information, means that there will be even less incentive for the Premier, the Minister and the Chief Health Officer to disclose their reasons and justifications for the orders that they make.  This should concern every single Victorian.

Whilst Individuals and corporates can be fined substantial sums of money with individuals even sent to prison in circumstances where they fail to comply with a decree made under wide powers vested in the Minister and the Chief Health Officer, the Chief Health Officer and any authorised officer or delegate are granted complete immunity for any exercise of their powers even if the orders given are objectively unreasonable and unjustifiable.  There is no accountability and no independent oversight over the exercise of these powers. This ability to exercise such power with complete immunity is a fundamental violation of the Magna Carta.  The Magna Carta confirmed the rule of law – the principle that nobody, not even the monarch is above the law and, among other freedoms, laid the basis for establishing trial by jury and outlawing arbitrary detention: https://www.aph.gov.au/Visit_Parliament/Art/Top_5_Treasures/Magna_Carta

Parliamentarians can only challenge an order made pursuant to the powers conferred in this Bill on the recommendation of the Scrutiny of Acts and Regulations Committee and the order will only be revoked if passed by resolution in Parliament.  This gives essentially very few powers to Parliament itself to challenge or revoke an oppressive order.  It is also possible that the very orders made by the Minister and Chief Health Officer could apply to Parliamentarians or the Committee members (as a class of persons), which would, thereby, make it impossible for these orders to be challenged.

The oversight provisions are inadequate. The Independent Pandemic Management Advisory Committee is established to provide advice in relation to managing the pandemic disease or disease of pandemic potential.  Committee members are appointed by the Minister, after consultation with the Chief Health Officer, and their advice can be simply ignored. There is no consequence for any failure to follow this advice.  In any event, this Committee cannot be viewed as independent when it is appointed by the Minister and the Chief Health Officer.

In essence, if this Bill is passed, it makes the entirety of the Victorian Parliament completely irrelevant; we only need the Premier and the Health Minister to essentially run the State with the assistance of the civil service, as the Premier can simply make a pandemic declaration whenever he wants.

For all other senators, whether you are in the Labour party or not, your voting for this Bill will essentially ensure your redundancy, given that you will be essentially nothing more than window-dressing.  You will be voting yourselves out of power and out of a job. 

Indeed, the powers that you confer on the Premier and the Minister under this Bill could be used to classify you as a class of persons to whom the orders apply and subject to you and your own families to indefinite detention.

It is not hyperbole or hysteria to maintain that, with the passage of this Bill, we can no longer pretend to be a liberal democracy that values and respects human rights and our standing in the world will be diminished.  I trust that you  Legislative Councillors will understand the gravity of this situation and urge you to vote against this Bill.

Yours sincerely


Update 27 Oct 2021:

Credit: Reignite Democracy Australia

Premier Daniel Andrews is seeking to extend his powers over the state of Victoria to be able to lock us down permanently in the proposed Public Health and Wellbeing (Pandemic Management) Bill 2021.

Read here for a summary of the intended legislation

Contact politicians – starting with the crossbenchers.

Email / Send letters to these crossbenchers in connection with this issue as a matter of priority.

  • Adem Somyurek – Priority
  • Samantha Ratnam
  • Fiona Patten
  • Andy Meddick

Click here to email ALL Victorian MPs at once

Crossbenchers (from left) Andy Meddick, Samantha Ratnam and Fiona Patten have been negotiating with the state government.
Crossbenchers (from left) Andy Meddick, Samantha Ratnam and Fiona Patten have been negotiating with the state government. CREDIT: THE AGE

DRAFT LETTER

Make it personal. Template emails get deleted straight away. Even if you use text that has been used in a template, make sure the first paragraph and subject is unique to you.

Dear Member of the Legislative Council,

[Introduce yourself and insert your experience of lockdowns/government overreach here and how they have impacted your life and livelihoods. Any financial and emotional losses and how hard these Government decisions have been on you and your family]

[Express your view that you DO NOT Support this bill and want a complete STOP put to this outrageous government overeach]

[Your Name]

Public Health and Wellbeing (Pandemic Management) Bill 2021


Older:

EMERGENCY POWERS SAFEGUARDS LEGISLATION AMENDMENT BILL 2021

Put things back to perspective. This bill requires the government to seek approval from the parliament before declaring a state of emergency or issuing a health order – except in situations where it’s not possible to do so.

https://www.legislation.vic.gov.au/bills/emergency-powers-safeguards-legislation-amendment-bill-2021

TAKING ACTION – CONTACT CROSS-BENCHERS

Contact all members of the Legislative Council you can find the full list here


Follow the instructions below and write to the Governor so the Public Health and Wellbeing Amendment (State of Emergency Extension) Bill 2021 is repealed

UPDATE 22 March 2021:

The Governor of Victoria as a representative of the Queen, Her Majesty is the head of State of Victoria has given assent to this bill on the 10 March 2021. This bill has been passed by the two Houses of Parliament. We still have valid reasons for them to not continue to be law of the State as there is some constitutional impediment to them as identified here.

You can still write to “Her Excellency the Honourable Linda Dessau AC” and oppose this law.

https://www.legislation.vic.gov.au/bills/public-health-and-wellbeing-amendment-state-emergency-extension-bill-2021

Instructions:

STEP 1. Copy email addresses below

STEP 2. Copy & Edit what to write below

STEP 3. Send the emails to the Honourable Linda Dessau AC and Cc… Parliament crossbenchers

STEP 4. Share this page

*IT IS ADVISED THAT YOU SEND THE EMAILS FIRST THING IN THE EARLY MORNING. THIS IS BECAUSE EMAILS SENT EARLY IN THE MORNING HAVE A GREATER CHANCE OF BEING SEEN*

Legal Dictionary Definition of emergency:

n. a sudden, unforeseen happening which requires action to correct or to protect lives and/or property.

https://legal-dictionary.thefreedictionary.com/emergency

Category: Case Law

Case Law Emergency Event Law and Legal Definition:

An emergency event is a sudden, urgent, usually unexpected incident or occurrence that requires an immediate reaction or assistance for emergency situations faced by the recipients of public assistance. The main purpose of such assistance is to bring the situation under control and to restore normality. It usually poses a threat to the health or safety of those involved, responders, and people in the surrounding area. In Glass v. Board of Common Council, 262 Ky. 471 (Ky. 1936), the court observed that “An emergency is any event or occasional combination of circumstances that calls for immediate action or remedy; pressing necessity; exigency; a sudden or unexpected happening; an unforeseen occurrence or condition. Existing and continuing conditions are never considered emergencies.”

https://casetext.com/case/glass-v-bd-of-com-coun-of-city-of-frankfort

Latest update on legislation and bills is available here:

https://www.parliament.vic.gov.au/legislation/343-legislation-and-bills/articles

STEP 1 – >Who to email (copy & paste this)

To:

[email protected]

Cc:

[email protected];
[email protected];
[email protected];
[email protected];
[email protected];
[email protected];
[email protected];
[email protected];
[email protected];
[email protected];
[email protected];
 

STEP 2 -> What to write (copy & paste this)

Dear Her Excellency, the Honourable Linda Dessau, Governor of Victoria,

I am writing again to you to repeal the Royal Assent that you have given to the Public Health and Wellbeing Amendment (State of Emergency Extension) Bill 2021. Everyone knows this will only serve to continue to trample over Victorian’s human rights and freedoms without any accountability or transparency.  

The reasons why the state of emergency is limited in duration is because emergencies, by their definition, should not extend for long periods of time.  Once an issue becomes chronic, as is the case with an infection (of which we have had many in the past), it ceases to be an ‘emergency’ and should be dealt with appropriately and with due consideration of the advantages and disadvantages of a course of action. In Glass v. Board of Common Council, 262 Ky. 471 (Ky. 1936), the court observed that “An emergency is any event or occasional combination of circumstances that calls for immediate action or remedy; pressing necessity; exigency; a sudden or unexpected happening; an unforeseen occurrence or condition. Existing and continuing conditions are never considered emergencies.”

I implore you to make the right decision for your constituents and all Victorians and repeal this Act.

Yours sincerely