Public Health and Wellbeing Act, Victoria By Ian Wilson LL. B

     Readers have asked about where the power of the Victorian government comes from for the Covid-19 restrictions, some of the toughest in the world. Well, power comes from the Public Health and Wellbeing Act 2008, and not out of thin air as many protesters are telling police, in needless aggressive confrontations. Still, here are some sections from the Act that may question whether the present policies are appropriate and adapted to the purposes of the Act:

“Division 1—Principles applying to the management and control of infectious diseases 111 Principles The following principles apply to the management and control of infectious diseases— (a) the spread of an infectious disease should be prevented or minimised with the minimum restriction on the rights of any person; (b) a person at risk of contracting an infectious disease should take all reasonable precautions to avoid contracting the infectious disease … Division 2—Examination and testing orders and public health orders 112 Least restrictive measure to be chosen. If in giving effect to this Division alternative measures are available which are equally effective in minimising the risk that a person poses to public health, the measure which is the least restrictive of the rights of the person should be chosen.” 

     This strikes me as reasonable law, unlike most of the claims on the internet by critics. The real question is whether the Victorian government is acting in accordance with sections 111 and 112, say by restricting outside exercise, and other extremes which critics argue are violations of human rights. As I see it, this can only be tested in the Victorian Supreme Court, and then the High Court of Australia,  and it would be better for people to get together a legal challenge, then going out and giving the police a hard time. Some people are so annoying that it is not unreasonable for the average police office to want to strangle them, or sit on them, or, all of the above. So, Victorians, be warned, do not be deleted about the scope of your so-called “freedom”!