The Victorian Government's attempt to keep a state of emergency in place for up to 18 months appears destined to fail, after the Opposition and a majority of crossbench MPs rejected the plan.
Key points:
- The state of emergency will expire on September 13 unless it is extended
- Some crossbenchers have indicated they will support a shorter extension if Parliament sits more frequently
- The Opposition is open to considering extensions every four weeks
Under current laws, a state of emergency must be renewed each month and can last for a maximum of six consecutive months.
The State Government wants to extend that cap to 18 months, in case some measures to control the spread of coronavirus need to stay in place beyond the current state of emergency's deadline of September 13.
"This is very much like an insurance policy. We certainly hope that we don't have to draw down on it," Premier Daniel Andrews said.
But without a majority in the Upper House, the Government will have to compromise.
Many crossbenchers have indicated they will support a shorter extension on the proviso that Parliament sits more frequently.
"I really don't think that we've passed this virus [crisis] in any sense when we've got daily figures still over 100, still got dozens of people dying every day," Derryn Hinch's Justice Party MP Stuart Grimley told the ABC.
"And for it to end in September I just think is just too soon. So, if we're looking at a time period, anything between one to three months, I think is reasonable."
It's a view shared by many other crossbench MPs, who say they understand the need for the powers but are against the lengthy extension without oversight.
Coronavirus risk to regional MPs complicates Parliament plans
Yesterday, Opposition Leader Michael O'Brien was open to the idea of granting extensions to the state of emergency in four-week blocks, as long as the case was made to Parliament.
"Why shouldn't the Premier have to justify the extension of these powers month-by-month and explain to us if they're necessary, why they're necessary?" he said.
"And why shouldn't Victorians be able to test whether the Premier's being straight with them?"
A cross-party committee had also been looking at how Parliament could function, given Chief Health Officer Brett Sutton advised regional MPs to stay away — mainly due to the risk of taking the virus back to their communities.
A plan for some MPs to participate online had been discussed. But the ABC understands there are questions over the legal validity of virtual voting, and it is likely many regional MPs will have to come to Parliament.
Expert says debate needed but sees 'storm in a teacup'
State of emergency powers allow the Government to enforce restrictions recommended by the Chief Health Officer, as well as measures like hotel quarantine for incoming travellers.
Monash University law expert Patrick Emerton, who has written a book about emergency powers, said Victoria was unlike Queensland or NSW in that it had a "hard cap" on how long a state of emergency could last.
"We have a tighter framework, which has now turned out to be a bit of a problem because it's going to hit that wall on September 13 and then there won't be that framework to manage the crisis," Dr Emerton told ABC Radio Melbourne.
Without a state of emergency, restrictions would need to be legislated. Dr Emerton said returning to Parliament every four weeks to enact legislation as needed "might be a bit impractical".
"I think the debate is important in terms of maintaining scrutiny, but I think there's one 'storm a teacup' aspect which is that most debates around state of emergency and dictatorships and so on are really focussed more on political emergencies and political crises," he said.
"The state of emergency we're talking about here is quite different — it's on a public health ground, and its powers are public health-based.
"If someone takes a view that the Government is going off on a frolic beyond its public health foundations, they can go to the Supreme Court and seek judicial review."
https://news.google.com/__i/rss/rd/articles/CBMicGh0dHBzOi8vd3d3LmFiYy5uZXQuYXUvbmV3cy8yMDIwLTA4LTI2L2Nvcm9uYXZpcnVzLXN0YXRlLW9mLWVtZXJnZW5jeS1leHRlbnNpb24tdmljdG9yaWEtZGFuaWVsLWFuZHJld3MvMTI1OTQ3MTTSASdodHRwczovL2FtcC5hYmMubmV0LmF1L2FydGljbGUvMTI1OTQ3MTQ?oc=5
2020-08-25 19:58:00Z
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