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Victorian Bar responds to State of Emergency declaration

The behavioural changes over the last six weeks have been “downright prejudicial to civil liberties” but have inspired sacrifices for long-term social and economic stability.

user iconNaomi Neilson 27 April 2020 Big Law
Wendy Harris QC
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The Victorian and Commonwealth government’s directions over the past six weeks have been “extraordinary and unprecedented”, yet necessary to ensure Australians can survive the long-term devastating economic and health crisis, according to the Victorian Bar.

The State of Emergency has been extended to 11 May and to ensure directions that relate to the change of laws – including the Biosecurity Act 2015 and the Public Health and Wellbeing Act 2008 – president Wendy Harris QC launched a COVID-19 pandemic guide.

“The measures taken have had an immense impact on how Victorians live, work and play. The behavioural changes, cultural and industrial shifts have ranged from the mundane to inconvenient and, some would argue, are downright prejudicial to our civil liberties,” wrote Ms Harris. “Yet most of us understand these sacrifices are our best defence.”

The guide, written by Dr Michael Taylor, assists legal practitioners in understanding how law is protecting public health in the context of COVID-19 pandemic and the legislative foundations it is based on.

Most Australians are abiding by the measures, but legal authority has been granted by all governments for those reluctant to comply. The emergency powers exist for eventualities like the pandemic. As such, contingencies were in place in anticipation of a health crisis.

“To that end, the Commonwealth and Victorian governments have prepared for a situation by having in place legislation such as the Biosecurity Act 2015 and the Public Health and Wellbeing Act 2008 and its regulations, which give specific authorities powers to enforce measures to regulate our activity to combat infectious disease and threats to health,” she said.

Naomi Neilson

Naomi Neilson

Naomi Neilson is a senior journalist with a focus on court reporting for Lawyers Weekly. 

You can email Naomi at: This email address is being protected from spambots. You need JavaScript enabled to view it.

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