11.55pm EST23:55
The Law Institute of Victoria has released a statement on the amendments to the pandemic management bill. It says the changes go “some way” to addressing its concerns, but not far enough to be fit for purpose.
The institute released its position paper on the bill on 11 November, which outlined 32 recommendations in full, six of which have been included in the proposed amendments.
Law Institute of Victoria (Liv) president Tania Wolff said the amendments were moving in the right direction compared with the original bill:
The Liv is pleased to see these amendments … however, the Liv continues to have concerns over some aspects of the bill and urges members of parliament to continue working through amendments to the legislation to ensure it is fit for the purpose of protecting our democracy and safeguarding members of the community.
The most significant of our concerns are that:
- the use and exercise of the powers should require effective independent oversight and scrutiny, such as by the ombudsman
- there should be accessible external merits review of all decisions relating to detention and that Vcat be given jurisdiction
- the bill should not include terms of imprisonment, and
- there needs to be stricter controls on the use of information gathered for public health purposes to protect individual privacy.
If these recommendations … are not adopted, then at a minimum, we call for a sunset clause so that the new part would expire in 18-24 months from its commencement.
This allows the government to continue to meet the challenges of this current pandemic, but ensures an opportunity for further independent review so that the legislation is fit for purpose for any future pandemic.
Updated
at 12.04am EST
11.50pm EST23:50
The corporate regulator asked for its ability to decide claims under a compensation scheme to be restored in 2016 but was knocked back by Treasury, a parliamentary inquiry has heard.
Giving the Australian Securities and Investments Commission the power to decide claims under the Compensation for Detriment caused by Defective Administration scheme would have prevented a group of investors who are seeking $200m over a large corporate collapse from falling into a limbo where neither the watchdog nor Treasury will decide their claim.
Parliament’s joint committee on corporations and financial services has been looking into the plight of the investors, victims of the collapse of the Prime Retirement and Aged Care Property Trust, following Guardian Australia’s coverage of the issue.
https://www.theguardian.com/australia-news/2021/aug/22/stuck-in-limbo-investors-blame-asic-for-200m-loss-but-no-one-will-hear-their-claim
Under questioning from Labor MP Julian Hill, Treasury assistant secretary Mohita Zaheed said Asic previously held authorisation to make decisions under the CDDA scheme.
The authorisation lapsed when assistant treasurer Josh Frydenberg, who made the authorisation, left the post in September 2015.
Asic asked for it to be restored but, Zaheed said, treasury refused the request because it took the view doing so would conflict with section 12 of the Asic act, which prohibits the government of the day giving the regulator instructions “about a particular case”.
In letters to Treasury and the minister for financial services, Jane Hume, investors have said they do not accept this argument.
Hill said: “The whole thing looks like a protection racket to stop citizens or investors or anyone in Australia lodging a CDDA claim against the corporate regulator.”
Zaheed said investors had access to make a payment for an act of grace payment, which she said was a “very similar scheme”.
Hill also became frustrated after Treasury first assistant secretary Simon Writer batted away his questions about why the decision not to renew the authorisation was made.
“With respect, I know you’re an intelligent man, but you sound like a talking parrot and I’m pressing a button, saying the same thing without actually answering the question,” Hill said.
Updated
at 11.57pm EST
11.41pm EST23:41
Queensland cancels some applications for exemptions to enter state
Queensland health authorities have automatically cancelled some long-running applications for compassionate and medical exemptions to enter the state, including cases where people had waited more than five weeks with no formal response.
Last week, Queensland’s health directions exemption service wrote to hundreds of people who had been seeking to cross the state border, advising that their cases had taken so long to assess they would now be “closed”.
Updated
at 11.45pm EST
11.15pm EST23:15
In Victoria’s Legislative Council, the Liberal MP David Davis is up chatting all things pandemic bill, or pandemic bill adjacent:
We’ve got the terrible trifecta, the worst of all outcomes … the longest lockdowns of any jurisdiction in the world, that has amazingly negative consequences on our business and kids, at the same time in Australia, we had the worst death rate by far …
We have still never seen the evidence for the curfew, the extraordinary decision … to lock down the state with a sharp curfew … who ever came up with the curfew? It was Andrews in his office – in the bunker, that’s what they call his office.
The Labor MP Shaun Leane rises and asks why Davis’s points are relevant to debating the legislation. But the Reason party’s Fiona Patten rebukes him, saying “Mr Davis has an opportunity to go very broadly, which is what he is doing.”
Davis returns to the bunker.
Updated
at 11.22pm EST