Wednesday, 15 September 2021

 Mr DAVIS (Southern Metropolitan—Leader of the Opposition) (11:09): My question is for the Attorney-General. Attorney, earlier this week the chief commissioner told 10 News:

We are establishing two commands … and one is the COVID Response Command, which is the day-to-day operation.

From a Victorian Police perspective, it’s here to stay for the foreseeable future. We’ve set these commands up as a minimum until the end of 2022.

As Victoria Police is planning to enforce restrictions and lockdowns until, at the very least, the end of next year, can the Attorney-General rule out lockdowns at the end of 2022 with the associated human rights and charter issues?

 Ms SYMES (Northern Victoria—Leader of the Government, Attorney-General, Minister for Emergency Services) (11:10): What we have here today is members of the opposition attempting to make topics that do not fall within my portfolio loosely fall within my portfolio. You have started your question, Mr Davis, as a question in relation to the chief commissioner’s comments in relation to operational matters in dealing with enforcing the health orders. That is a police minister matter and a health minister matter. And you have now asked me in my capacity as Attorney-General to rule something out that is not my responsibility either, so it is a little difficult to answer your question as put.

Mr Davis: On a point of order, President, it is actually very clear, given the charter matters and the human rights matters, which are undoubtedly the case, that the minister would have some purview over these matters, and certainly you would hope that she has some involvement in these matters. She can certainly answer and say, ‘I don’t control the pen that does the orders and I don’t control the police’, but there are clear, relevant impacts on her area.

The PRESIDENT: Mr Davis, Minister Symes has made it clear to you what is her responsibility and where it is involved, and I think up to this stage I cannot direct her any further.

 Mr DAVIS (Southern Metropolitan—Leader of the Opposition) (11:12): In that circumstance I ask the Attorney to advise the house what steps she will take to ensure that the lockdowns that go to next year will take proper account of the human rights and charter issues that will arise.

 Ms SYMES (Northern Victoria—Leader of the Government, Attorney-General, Minister for Emergency Services) (11:12): Any lockdown and any health order that imposes restrictions on the lives of Victorians is balanced against the rights afforded to Victorians under the human rights charter. The right to life in the positions that this government takes, based on health advice, to protect the health, safety and the ongoing wellbeing of Victorians is paramount. We do not want people to die in this pandemic. That is why we have imposed restrictions to slow the spread of this virus, and undoubtedly the steps we have taken have saved lives. In relation to any health orders, in relation to anything that the government does in legislation, it always undergoes an assessment in conjunction with how the human rights charter does apply, and I give you a commitment that every decision that the government makes always considers the human rights charter. That is what it is there for.