Tuesday, 2 August 2022

Pandemic Declaration Accountability and Oversight Committee

Review of pandemic orders

The Clerk: Pursuant to section 35(2) of the Parliamentary Committees Act 2003 and following transmission of the reports on 22 July 2022, I lay on the table a copy of the Pandemic Declaration Accountability and Oversight Committee’s report Review of the Pandemic (Visitors to Hospitals and Care Facilities) Orders and the Pandemic Declaration Accountability and Oversight Committee’s report Review of the Pandemic (Quarantine, Isolation and Testing) Orders.

Mr ERDOGAN (Southern Metropolitan) (11:58): I move:

That the transcripts of evidence lie on the table and the reports be published.

Motion agreed to.

Mr ERDOGAN: I move:

That the Council take note of the reports.

I am pleased to present the transcripts of evidence for the Pandemic Declaration Accountability and Oversight Committee’s review of thePandemic (Quarantine, Isolation and Testing) Orders and of the Pandemic (Visitors to Hospitals and Care Facilities) Orders. The Pandemic Declaration Accountability and Oversight Committee has the function of reviewing the pandemic orders and other instruments made by the Minister for Health under the pandemic management framework of the Public Health and Wellbeing Act 2008. It was established following passage of the Public Health and Wellbeing Amendment (Pandemic Management) Act 2021 on 2 December 2021 in this chamber. This is the committee’s first report in its ongoing review of pandemic orders issued by the Minister for Health. In doing so the committee examined the orders to ensure compliance with the Public Health and Wellbeing Act, including any retrospective effects; taxes, fees, fines and penalties; shifting of the legal burden of proof to a person accused of an offence; or subdelegation of any powers that have already been delegated by the act. The committee also reviews the orders to ensure that they are compatible with human rights set out in the Charter of Human Rights and Responsibilities Act 2006.

The global COVID-19 pandemic represents a profound and unprecedented public health threat. Here in Victoria the pandemic remains an evolving challenge. In light of this I am pleased to report that the joint investigatory committee found that the orders were compliant with the requirements of the Public Health and Wellbeing Act 2008. Further, the committee was satisfied that the pandemic orders do not limit the right to privacy under the Charter of Human Rights and Responsibilities Act 2006. Throughout this review the committee considered all variations of the orders that had been introduced to the date the reports were adopted with a view to making an assessment as to whether the government’s approach to issuing pandemic orders struck the right balance between protecting public health and reducing the burden placed on Victorians.

Across the two reports the committee has made a total of 11 findings and three recommendations. The committee held 33 public hearings over eight days involving 66 individual witnesses. We heard from a wide range of stakeholders, including government ministers and officials, healthcare providers, community groups, advocacy groups, unions, mental health professionals and providers, and schools.

I would like to join with my committee colleagues in expressing my sincere thanks to all of those who contributed to this inquiry. The committee has held over 25 meetings since 21 December 2021. I would like to thank my parliamentary colleagues for their outstanding commitment to this committee: the chair, Ms Sheed in the other place; the deputy chair, Mr Bourman; Ms Shing; Ms Crozier; and members in the other place—Mr Carbines, Mr Bull, Ms Kealy, Ms Ward and Mr Wells. I also thank the committee secretariat for their fantastic support—in particular, executive officer Matt Newington, who managed the large volume of work diligently; research officer Caitlin Connally; and the administrative team—Larissa Volpe, Ebony Cousins, Liz Stankovic and Michelle Summerhill. In conclusion, in tabling these transcripts I commend the report to the house.

Ms CROZIER (Southern Metropolitan) (12:02): I would also like to make some remarks in relation to the tabling of the reports Review of the Pandemic (Visitors to Hospitals and Care Facilities)Orders and Review of the Pandemic (Quarantine, Isolation and Testing) Orders. I was part of the committee and would have liked to have had more committee meetings and more hearings, as Mr Erdogan outlined in his contribution about what work the committee has done, because as we know we have still got a pandemic declaration in place, and what this committee found was that the orders were very confusing for so many—for aged care facilities, for general healthcare facilities and importantly for the general community. The orders were, as I said, difficult to interpret, and that is what the committee found.

The committee also found that there were significant issues around the mental health impacts on Victorians. We heard evidence from a number of representatives from this sector who all said there was an increase in demand, and that increase in demand was profound through the ongoing lockdowns. Of course Victoria has had the harshest restrictions with the worst outcomes—more deaths than anywhere else in Australia—and those mental health impacts for so many Victorians, especially young people, are still very, very significant. They will run for years to come.

We made a series of recommendations in our minority report—the Liberals and Nationals minority report—which found that the mental health impacts were very significant and that the restrictions and lockdowns have led to significant delays in elective surgery. We know the elective surgery waitlist here in Victoria is around 90 000. The government will not release those numbers; they are growing by the day, and the lockdowns, the code brown—all of these restrictions put in place—are impacting Victorians every single day. Unfortunately I do not have more time to speak on this, but I will in reports. I commend the report.

Motion agreed to.

The PRESIDENT: Members, we have special guests in the President’s gallery from BAPS. I would like to welcome the delegation led by Bhadreshdas Swami. Welcome to the Victorian Parliament. I would like to thank Mr Ondarchie for assisting with that visit. Thank you very much.