Politicians and bureaucrats could face five-years imprisonment for misusing emergency powers if a bill put forward by Member for Northern Victoria Tim Quilty passes through both houses of Victoria's parliament.
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During the bill's second reading in the legislative council yesterday, Mr Quilty said the government 'overreacted' during the early days of the COVID-19 pandemic.
He said the powers invoked when a state of emergency was declared on March 16, 2020, should have been a short-term solution and only used until legislation could be passed and parliament convened.
"Emergencies are, by definition, short term," he said.
"They are serious, unexpected and dangerous situations that require immediate action. No emergency lasts 21 months. No emergency lasts even six months."
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Mr Quilty said the handling of the pandemic should be a democratic process, and not solely decided by the premier and chief health officer.
"There is no reason and no cause to effectively suspend democracy," he said.
Should the bill pass into law, anyone who 'recklessly or knowingly issues an unlawful authorisation under the emergency provision' would face five years in jail.
"These consequences also prevent the chief health officer from being used as a puppet or figurehead," he said.
Earlier this year, parliament voted to extend the state of emergency until December.
At the time Premier Daniel Andrews said the powers provide the legal framework for public health measure like hotel quarantine, isolation and mask-wearing.