00:41
Opposition whip Bernie Finn in the legislative council is up critiquing the Victorian government’s pandemic bill and commending the protesters who camped outside parliament house yesterday evening.
Finn attended a rally on Saturday which he said was attended by “the most massive crowd” he’d seen in decades.
Those people in the streets aren’t going to wear what this premier is trying to pull. You’ve got people prepared to sleep on the streets of this parliament as a vigil, such is their commitment. Daniel Andrews has given people a reason to be interested in politics, every cloud has a silver lining … I wish them well, I hope it doesn’t rain, I commend them for taking a stand for freedom in this state.
The people are marching in the street not because they’re some kind of left-wing or right-wing neo nazi or white supremacist, they’re people who have been ignored by Daniel Andrews for far too long … they’ve been pushed to breaking point.
I’m not sure there are self-described “left-wing neo nazis”, and it’s worth reminding that nooses and placards calling for violence against politicians were pictured among the crowds of protestors over the weekend, but anyway.
Earlier, Finn dismissed a picture he posted of the premier depicted as Hitler as “a joke” because he replaced the swastika with an ABC logo.
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00:36
The Morrison government has been accused of neglecting to assess the impact of the pandemic on young children, with current policies labelled “a series of crisis responses”.
Jay Weatherill, the former Labor premier of South Australia and chief executive of Minderoo Foundation’s Thrive by Five initiative, made the comments at the Senate’s Covid-19 inquiry on Tuesday.
00:31
Reason Party’s Fiona Patten has just confirmed the Victorian government’s pandemic legislation, if it passes, will be reviewed within two years.
This was one of the key recommendations the Law Institute of Victoria called for in its response to the amendments.
Patten says it is a “delicate balance” protecting human rights and protecting health:
Doing nothing seems to be what we’re saying … let the disease run wild, let’s do nothing. It’s not acceptable here, it’s not acceptable in Australia, it’s not acceptable anywhere in the world. The ultimate human right is to protect life, and that is what we are doing … I would not have accepted another extension of the state of emergency.
I said in March, we needed pandemic specific legislation because otherwise we’re dealing with legislation designed to deal with floods … fires … not global pandemics … we should not let the perfect get in the way of the good and I support this legislation.
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23:55
The Law Institute of Victoria has released a statement on the amendments to the pandemic management bill. It says the changes go “some way” to addressing its concerns, but not far enough to be fit for purpose.
The institute released its position paper on the bill on 11 November, which outlined 32 recommendations in full, six of which have been included in the proposed amendments.
Law Institute of Victoria (Liv) president Tania Wolff said the amendments were moving in the right direction compared with the original bill:
The Liv is pleased to see these amendments … however, the Liv continues to have concerns over some aspects of the bill and urges members of parliament to continue working through amendments to the legislation to ensure it is fit for the purpose of protecting our democracy and safeguarding members of the community.
The most significant of our concerns are that:
- the use and exercise of the powers should require effective independent oversight and scrutiny, such as by the ombudsman
- there should be accessible external merits review of all decisions relating to detention and that Vcat be given jurisdiction
- the bill should not include terms of imprisonment, and
- there needs to be stricter controls on the use of information gathered for public health purposes to protect individual privacy.
If these recommendations … are not adopted, then at a minimum, we call for a sunset clause so that the new part would expire in 18-24 months from its commencement.
This allows the government to continue to meet the challenges of this current pandemic, but ensures an opportunity for further independent review so that the legislation is fit for purpose for any future pandemic.
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23:50
The corporate regulator asked for its ability to decide claims under a compensation scheme to be restored in 2016 but was knocked back by Treasury, a parliamentary inquiry has heard.
Giving the Australian Securities and Investments Commission the power to decide claims under the Compensation for Detriment caused by Defective Administration scheme would have prevented a group of investors who are seeking $200m over a large corporate collapse from falling into a limbo where neither the watchdog nor Treasury will decide their claim.
Parliament’s joint committee on corporations and financial services has been looking into the plight of the investors, victims of the collapse of the Prime Retirement and Aged Care Property Trust, following Guardian Australia’s coverage of the issue.
https://www.theguardian.com/australia-news/2021/aug/22/stuck-in-limbo-investors-blame-asic-for-200m-loss-but-no-one-will-hear-their-claim
Under questioning from Labor MP Julian Hill, Treasury assistant secretary Mohita Zaheed said Asic previously held authorisation to make decisions under the CDDA scheme.
The authorisation lapsed when assistant treasurer Josh Frydenberg, who made the authorisation, left the post in September 2015.
Asic asked for it to be restored but, Zaheed said, treasury refused the request because it took the view doing so would conflict with section 12 of the Asic act, which prohibits the government of the day giving the regulator instructions “about a particular case”.
In letters to Treasury and the minister for financial services, Jane Hume, investors have said they do not accept this argument.
Hill said: “The whole thing looks like a protection racket to stop citizens or investors or anyone in Australia lodging a CDDA claim against the corporate regulator.”
Zaheed said investors had access to make a payment for an act of grace payment, which she said was a “very similar scheme”.
Hill also became frustrated after Treasury first assistant secretary Simon Writer batted away his questions about why the decision not to renew the authorisation was made.
“With respect, I know you’re an intelligent man, but you sound like a talking parrot and I’m pressing a button, saying the same thing without actually answering the question,” Hill said.
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