Controversial proposed COVID detention powers should be scrapped

The Human Rights Law Centre has called on the Victorian Government to amend proposed legislation currently before the Victorian Parliament to remove controversial powers to detain people based on what they might do.

 

Executive Director, Hugh de Kretser said, “These proposed new powers are vague, prone to abuse and are simply not needed. There is an existing power to detain in the legislation. The proposed new powers would allow an authorised officer to detain someone based on what the officer thinks they might do. The Bill should be amended to remove these controversial new powers.”

“At the same time as trying give authorised officers these controversial detention powers, the Government is trying to expand who would be able to use these powers. We’re not talking about judges or police officers or even public servants. If this Bill passes, a member of the community could be appointed as an authorised officer with the power to detain.”

“We’re particularly worried about the use of these powers on vulnerable communities. The Government has specifically flagged their use against people with mental illness.”

“The proposed detention powers should be scrapped. If they remain in the Bill, there must be far stricter safeguards around their use, including a more explicit requirement that detention be a last resort, far greater limits on who can exercise the powers and explicit review rights”

The Public Health and Wellbeing Act already contains detention powers including emergency powers to detain someone for a period reasonably necessary to address a serious risk to public health. The emergency powers are currently being used to detain people who test positive or who are close contacts at their home or other suitable location. There are significant penalties for breaching these directions.

Under the COVID Omnibus Bill, these detention powers would be expanded to allow authorised officers to detain someone with COVID or a close contact if the officer reasonably believes the person will not comply with public health directions. The Bill would also allow people who are not public servants to be appointed as authorised officers.

“Governments have human rights obligations to protect life and health. These obligations must be balanced against other rights like the right not be locked up unfairly. This Bill does not strike the right balance and must be amended. We look forward to working with the Victorian Government and all the parties in the Parliament to get the balance right.”

Media contact:

Michelle Bennett, Communications Director, Human Rights Law Centre, 0419 100 519

MichelleBennettCovid19, Police, Prisoner Rights