Case 89: Victorian Government abandons proposal to give health officers the power to detain people based on what they might do

In response to the ongoing COVID-19 pandemic, the Victorian Government introduced legislation into Parliament which, if passed, would have allowed officers, authorised under public health legislation, to detain people based on the officer’s belief about what the person might do. At the same time, the Government sought to expand the type of people who could be authorised as officers; under the proposal, a member of the public could have been appointed as an authorised officer and given the power to detain people. The Government specifically flagged the use of the controversial powers against people with mental illness. A range of bodies raised human rights concerns with the legislation. A Victorian Parliamentary committee, which reviews proposed legislation for compatibility with Victoria’s Charter, also raised human rights questions about the proposal. The Government agreed to amend the legislation and did not proceed with the proposed detention powers.

Source: Human Rights Law Centre 2021, Parliament of Victoria Scrutiny of Acts and Regulations Committee Alert Digest No.9 of 2020