Government Refuses to Say When Covid Powers End

On 31 March 2022, the Queensland Parliament passed the extension of the covid emergency powers until the 31st of October, without providing any statement of the criteria the government would consider justifies the powers coming to an end.

On the 24th of August 2021, the Commonwealth Parliament had passed the Counter-Terrorism Legislation Amendment (Sunsetting Review and Other Measures) Bill 2021, which extended for the 4th time emergency powers which had been introduced in 2002 to deal with the then terrorist threats following September 11

“It is because of examples like this that the Council is not prepared to wistfully accept the assurances of the government that the current emergency will come to an end when the powers are no longer necessary” says Michael Cope, Council President.

The government’s stated justification for the extension of the emergency powers is that it is necessary in a highly vaccinated community with highly effective treatments and prophylactics for the immune compromised, that government has the flexibility to deal with new waves or new variants or a combination of covid and the flu.

“If the government’s argument for extending the powers does justify the extension, it would justify an extension of those powers for so long as the virus is circulating in our community which given the current state of our medicine will be forever.”

“When the powers were last renewed the government was able to be quite specific- it said the emergency powers would no longer be needed when everyone was offered the chance to be vaccinated. In stark contrast this time the government basically says, we're good people trust us.”

We accept the government is well intentioned. In fact, we accept that most people in public life are well intentioned.

“However, we are supposed to live in a society ruled by law. Under the rule of law liberty is not meant to depend on the virtue of the rulers. It is meant to depend on a system of laws” says Mr Cope

The Chief Health Officer’s directions are immune from challenge on the ground that the factual basis for his determinations is wrong, so long as he holds his opinions in good faith[1].

Unlike others, the QCCL in 2020 agreed that there was a justification for some emergency powers. In our view there is no longer any justification.

“The government keeps on telling us that the powers will come to an end one day, but it will not tell us in advance in what circumstances it says it will no longer need the powers. This is not the approach of an open and accountable government.”

For further information contact Michael Cope President QCCL on 07 3223 5939 during office hours and at all times on 0432 847 154 1 April 2022

[1] See Minister for Immigration and Multicultural Affairs V Eshetu 162 ALR 577 at paras 130-7 per Gummow J