Modern Australian
The Times

why is the Victorian government extending the state of emergency, and is it justified?

  • Written by Eric Windholz, Senior Lecturer and Associate, Monash Centre for Commercial Law and Regulatory Studies, Monash University

The Victorian government has announced its intention to amend the Public Health and Wellbeing Act to give it the power to extend Victoria’s state of emergency for up to another 12 months. The need for an extension is self-evident. The length and nature of the extension is not.

Victoria’s state of emergency was first declared on March 16 2020. Since then, it has been extended every four weeks.

The last of these extensions is due to expire on September 13 2020, at the end of the stage 4 restrictions to deal with the latest COVID-19 outbreak. That will take the total period of the state of emergency to six months – the maximum allowed under the law.

Read more: Explainer: what is a 'state of disaster' and what powers does it confer?

However, as the daily numbers of new infections and fatalities remind us, the pandemic is not over, and nor is the government’s need to issue public health emergency directions to control its spread. This is why the Andrews government needs to amend the legislation to enable it to continue the state of emergency and its emergency powers.

Extending the maximum period for which a state of emergency can be declared by 12 months does not mean Victoria will remain in lockdown for another 12 months. The two should not be conflated. The government would still have to declare a continuation of the state of emergency every four weeks.

The more pertinent question is whether the government needs to extend the power for another 12 months, and whether it should be subject to any conditions or changes.

Victoria’s public health emergency powers vest extensive legislative and executive decision-making authority in the hands of a select few. Specifically, unelected public health officials are given extraordinary power. They have declared severe restrictions on our freedom of movement, association and livelihoods. These include directions requiring people to stay at home, restricting their activities outside of home, and compelling them to wear a mask.

When parliament enacted the Public Health and Wellbeing Act, it saw fit to grant these powers for a maximum of six months. After that, it required the government to return to parliament to seek an extension. Premier Daniel Andrews now wants to increase that period to 12 months. The justification for the longer period is not strong.

That the pandemic may continue for another 12 months is an insufficient reason to freeze parliament out of the process. The impact of the public health measures on the economy, and on our social and civil liberties, is dramatic.

Whether the right balance is being struck should be debated. Requiring the government to return to parliament periodically (say, every three or six months) if it wishes to extend its powers will facilitate that debate.

A 12-month extension also risks locking in the emergency power regime. Presently, a Victorian parliamentary committee is inquiring into the government’s response to the COVID-19 pandemic. Some of its findings can then be debated in the parliament if the government is required to request a further extension.

Read more: Can Australian businesses force customers to wear a mask? Here's what the law says

The opportunity for parliament to be engaged (and to perform its role as the arm of government primarily responsible for debating and making the law) is all the more important where the nature of the emergency and the role public health experts play have combined to marginalise alternative views and solutions, freeze deliberation and lock in certain policy directions.

Whether the government’s emergency powers should be extended – and, if yes, for how long and subject to what conditions – is the very debate that should take place in a democratic society. This is especially so under (dare I say it) unprecedented restrictions on people’s economic, social and civil liberties.

Authors: Eric Windholz, Senior Lecturer and Associate, Monash Centre for Commercial Law and Regulatory Studies, Monash University

Read more https://theconversation.com/explainer-why-is-the-victorian-government-extending-the-state-of-emergency-and-is-it-justified-145020

Nearly 1,300 NSW Hospital Beds Are Occupied By People Who Are Ready To Go Home

1,276 people in NSW hospitals have been medically cleared for discharge but remain in hospital because they're still waiting for NDIS or aged care sup...

National Survey Launched to Measure Operational Impacts of Federal NDIS Policy Reforms

The effects of recent NDIS reforms are beginning to move beyond policy papers and into day to day service delivery. A new national survey is asking ...

Beyond the Nappy Cake: Baby Shower Gifts That Get Used

What new Australian parents unwrap, keep, and quietly thank you for months later. Six weeks after my daughter was born, I did an audit of the baby sh...

Parent-Advocates Are Reshaping Frontline Disability Service Delivery

Parents have always been part of the disability sector. They advocate, coordinate services, challenge decisions and often become the person holding ev...

Vista Cruises Enters "Two-Flagship Era" as Vista Aurora Completes Inaugural Voyage

Vista Aurora Sets Sail along the Yangtze. (Photo courtesy of the company)YICHANG, China — August 5, 2026 — Vista Aurora, a high-end interprovinc...

A Digital Preparation Checklist For International Medical Conferences

An international medical conference compresses many responsibilities into a few days. A delegate may need to present research, move between venues, ...

The Growing Popularity of Lab Grown Diamonds in Sydney and Hong Kong

The diamond industry has changed significantly in recent years as more buyers seek ethical, affordable, and sustainable alternatives to mined diamon...

Modern AI SEO Agency vs Traditional SEO: What’s the Difference

Search engine optimisation has changed dramatically over the past few years. Search engines have become smarter, user behaviour has evolved, and bus...

Caravan Travel for Modern Australian Getaways: Plan a Comfortable Holiday

A family road trip is one of the best ways to explore Australia together. And, travelling by caravan gives you the freedom to take your time, stop a...

Mini Excavator and Trailer Package for Sale: What I Buy as One Deal in 2026

The first client who asked me for a mini excavator and trailer package for sale wasn’t trying to save a few hundred dollars on shipping. They we...

Make Dad a Guest in His Own Home This Father’s Day

Father’s Day can accidentally turn Dad into the unpaid event manager of his own celebration. He lights the barbecue, finds extra chairs, checks wh...

Where to Enjoy Your Off-Road Caravan on the Gold Coast

With a caravan, you can travel anywhere and everywhere without battling the rush of the peak holiday season or last-minute reservations. While the r...

How Osteopathy Supports Recovery from Sciatica and Nerve Pain

Sciatica isn't just annoying. It's genuinely painful. It sits deep in your glute and shoots straight down the back of your leg. It turns something as...

The Winter Jewellery Edit: Five Pieces You'll Wear All Season

As wardrobes shift to cosy knits, tailored coats and rich seasonal textures, jewellery becomes the finishing touch that pulls every winter outfit to...

7 Signs It's Time to Upgrade Your Piston Air Compressor

If you run a workshop, panel shop, or fabrication business anywhere around Perth, you already know what heat and dust do to equipment over a few sum...

How Long Do Bathroom Renovations Melbourne Take? Step-by-Step Process Explained

Planning a bathroom renovation is exciting, but one of the biggest questions homeowners ask is, "How long will it take?" While every project is uniq...

Why Your Skin Breaks Out: The Science of Acne Explained

Acne is the most common skin condition in the world. An estimated 85% of people experience it at some point between the ages of 12 and 24, and a gro...

10 Swimwear Trends Australian Women Are Wearing This Summer

Every Australian summer brings a fresh wave of swimwear trends, but some styles have much greater staying power than others. While fashion constantly ...