Latest / 360 with Katie Woolf / Shadow Minister for Health Bill Yan says the new legislation around CHO powers for Covid-19 management "waters down" the reporting requirements for decisions made
Transcript
- 0:00Speaker 1: The Minister for Health, Natasha Fhiles, has introduced the controversial
- 0:04Speaker 1: new laws in Parliament which would give the Chief Health
- 0:07Speaker 1: Officer extensive powers for two years. The government previously flagged
- 0:11Speaker 1: that once the pandemic State of Emergency declaration comes to
- 0:14Speaker 1: an end in May, it would legislate to provide doctor
- 0:17Speaker 1: q Hegey with these transitional powers. But under these amendments,
- 0:21Speaker 1: authorized officers of the Chief Health Officer would also retain
- 0:25Speaker 1: the ability to search home seize documents without needing a warrant.
- 0:28Speaker 1: It would also mean that doctor Hegey could continue to
- 0:31Speaker 1: enforce those check in apps, the mask mandates, vaccine mandates
- 0:35Speaker 1: and other health decisions now. When introducing this legislation in
- 0:39Speaker 1: Parliament on Wednesday, Natasha Philes said that the proposed changes
- 0:43Speaker 1: would provide the Chow with transitional powers.
- 0:46Speaker 2: Like I said, I.
- 0:47Speaker 1: Think the problem here is that there's no real reporting
- 0:51Speaker 1: back from the Chow to the Parliament. And we also
- 0:54Speaker 1: know that the Chow, no matter who is in that role,
- 0:57Speaker 1: is an unelected official. Look joining me on the line
- 1:01Speaker 1: right now to let us know a little bit more
- 1:02Speaker 1: about their perspective is the COLP the Shadow Minister for
- 1:06Speaker 1: Health Bill Yan Good morning, to you, Bill.
- 1:10Speaker 3: Good morning Katie, and good morning to your listeners.
- 1:11Speaker 1: Bill.
- 1:12Speaker 2: Why are these changes so concerning?
- 1:16Speaker 3: Well, at the face, Duk, this new legislation goes much
- 1:22Speaker 3: further than I think anyone ever expected, and it's certainly
- 1:26Speaker 3: a little bit more than transitional powers. And the powers
- 1:29Speaker 3: that are being given to the chain one of this
- 1:31Speaker 3: used legislation are expanded powers to the less oversight. The
- 1:36Speaker 3: previous legislation had government renewing it every ninety days, and
- 1:40Speaker 3: of course then they had to provide reasons for that
- 1:43Speaker 3: renewal and the public actually under that act got had
- 1:46Speaker 3: some say about what went on. The public could challenge
- 1:49Speaker 3: via applications of Supreme Court. Now these changes mean that
- 1:54Speaker 3: they're going to give these powers to the Chief Health
- 1:56Speaker 3: Officer for two years without that oversight. And of course
- 2:00Speaker 3: the most concerning thing I believe is there's no reporting
- 2:04Speaker 3: that they've actually watered down the reporter requirements for the show.
- 2:08Speaker 3: At the end of a health emergency, the show had
- 2:10Speaker 3: to provide a detailed report back to Parliament within three months,
- 2:14Speaker 3: and of course then that is provided to territories via
- 2:19Speaker 3: the public record. The changes now have the show only
- 2:25Speaker 3: providing a summary of his or her actions for the
- 2:29Speaker 3: period of the emergency, which is now two years and
- 2:32Speaker 3: also now at the end of the two year transitional period.
- 2:36Speaker 3: Again it's only a summary. It just it doesn't Washcadie.
- 2:39Speaker 3: It's it's less oversight and less transparency on the governor
- 2:44Speaker 3: and what they're actually doing.
- 2:46Speaker 1: Yeah, I think this is the thing that I've been
- 2:48Speaker 1: most surprised by, and I think that a lot of
- 2:49Speaker 1: our listeners are going to be quite surprised by as well,
- 2:52Speaker 1: is that it was really sold to territorians as being
- 2:55Speaker 1: these transitional powers. So these powers that would you know,
- 2:58Speaker 1: that would sort of see us ease our of any
- 3:00Speaker 1: COVID issues over the next two years. But the reality
- 3:04Speaker 1: from what I'm then seeing is that it's not going
- 3:07Speaker 1: to necessarily mean that the show has less powers or
- 3:11Speaker 1: more scrutiny. It's going to mean that things like mask bandates,
- 3:15Speaker 1: mandates in general, and lockdowns can be implemented as the
- 3:19Speaker 1: show sees fit. Still, is there going to be any
- 3:23Speaker 1: scrutiny on those decisions than being made Bill.
- 3:28Speaker 3: Well, and that's the thing, Katie, there's not You said
- 3:33Speaker 3: that there actually was like transitioning out of COVID, so
- 3:36Speaker 3: wine back of the powers and that control and overside reporting. Well,
- 3:43Speaker 3: this is absolutely the opposite. This is providing the same
- 3:47Speaker 3: or more powers to the Chief Health Officer and this
- 3:50Speaker 3: new legislation with less transparency, less reporting back through government.
- 3:56Speaker 3: It's just it's unbelievable to think that government would expand
- 4:03Speaker 3: the powers of the Chow over what they've currently got
- 4:06Speaker 3: under the current emergency health legislation. So it just certainly
- 4:11Speaker 3: doesn't make any sense. Okay, this is why the build
- 4:13Speaker 3: of the CORP introduced yesterday is so important. This is
- 4:17Speaker 3: about having the decisions of the show is making that
- 4:20Speaker 3: affect territories on a day to day basis being provided
- 4:24Speaker 3: in a written report back to Parliament, so territorians get
- 4:28Speaker 3: to see the decision making process around things that affect
- 4:31Speaker 3: them every day. It's actually quite.
- 4:34Speaker 1: Simple just going back to what the government has introduced, though,
- 4:37Speaker 1: is there going to be any ability here for scrutiny
- 4:41Speaker 1: from what you can gather, like when from the legislation
- 4:43Speaker 1: that's been introduced, when is the CHOE going to have
- 4:47Speaker 1: to provide any information to the Minister or to the Parliament.
- 4:54Speaker 3: Well, at the end of the health emergency, the CHOW
- 4:57Speaker 3: under the current legislation would have to provide a detailed
- 5:00Speaker 3: report back to Parliment. Now, the changes of the governor
- 5:03Speaker 3: introducing means the Show only has to provide a summary.
- 5:06Speaker 3: It's not a detailed report. It is just a summary
- 5:08Speaker 3: of the actions.
- 5:09Speaker 1: So hang on, just repeat that for me, Bill, So currently,
- 5:12Speaker 1: under the current legislation he has to provide a detailed report.
- 5:16Speaker 1: But under what's being proposed here, it doesn't need to
- 5:19Speaker 1: be a detailed report.
- 5:20Speaker 2: It just needs to be a summary.
- 5:22Speaker 3: That's correct. So under the current legislation as it stands
- 5:25Speaker 3: right now today, at the end of the public health emergency,
- 5:29Speaker 3: the Show is required to provide a detailed report on
- 5:32Speaker 3: the actions that they've taken and the outcomes of those
- 5:35Speaker 3: actions to Parliament. The changes mean the now only has
- 5:39Speaker 3: to provide a summary. It's not a detailed report. Furthermore
- 5:43Speaker 3: to that, Katie, is at the end of the two
- 5:45Speaker 3: you transitional period when you would be expecting at least
- 5:48Speaker 3: another detailed report about the actions that are taken and
- 5:53Speaker 3: the effects and the outcomes they've had on territories. Again,
- 5:56Speaker 3: it's only a summary. There is no reference to a
- 6:00Speaker 3: detailed report on the decisions and actually governmentary, what would.
- 6:03Speaker 2: That mean to you?
- 6:04Speaker 3: Interesting here Katie, What's the most interesting thing about this
- 6:08Speaker 3: is by the time the show has to provide that
- 6:11Speaker 3: report or now only a summary, it will be after
- 6:14Speaker 3: the twenty twenty four all this election.
- 6:18Speaker 1: Wow, I think a lot of people are going to
- 6:22Speaker 1: be quite surprised and dismayed to hear that bill. Look,
- 6:26Speaker 1: I know that there will be some people listening this
- 6:28Speaker 1: morning who will be thinking, you know, this is fair enough.
- 6:31Speaker 2: There is still issues.
- 6:33Speaker 1: With COVID, and we do still need the Chief Health
- 6:36Speaker 1: Officer to be able to make decisions quickly if required
- 6:40Speaker 1: if we do end up with a serious, more serious
- 6:43Speaker 1: strain of COVID in the community. I mean to play
- 6:48Speaker 1: Devil's advocate here. Do you accept that the chow does
- 6:50Speaker 1: still need to have some powers?
- 6:53Speaker 3: Well, certainly absolutely ca COVID is still here and we
- 6:56Speaker 3: don't know what bearing is going to pop up around
- 6:59Speaker 3: the corner. Hoping we always hope for the best of
- 7:02Speaker 3: plan for the worst. I suppose we hope that there's
- 7:05Speaker 3: no more new variants or worse variants or deadly variance
- 7:09Speaker 3: a COVID to pop up. And yes, the show needs
- 7:11Speaker 3: the ability to be able to make some of those decisions,
- 7:14Speaker 3: But whose decisions need to be done through our elected official,
- 7:17Speaker 3: through due process, with some accountability and transparency over why
- 7:22Speaker 3: those decisions are being made.
- 7:24Speaker 1: So Bell, can I just put this really bluntly, I
- 7:26Speaker 1: suppose for our listeners, are you saying that they have
- 7:29Speaker 1: watered down the chose reporting requirements or this new legislation
- 7:35Speaker 1: waters it down, but he's still going to be retaining
- 7:38Speaker 1: those powers no matter who's in that chow position.
- 7:42Speaker 3: Correct, doesn't matter who's in the chow position today. Tomorrow,
- 7:45Speaker 3: if doctor Heavy stands down and we have another joke,
- 7:48Speaker 3: they will have exactly the same powers. And the reporting
- 7:51Speaker 3: requirements in the new changes do not require the choke
- 7:55Speaker 3: to provide details with detailed reports back to Parliament, only
- 7:59Speaker 3: summaries their actions and communication back to Parliament, as the
- 8:06Speaker 3: Healthy Minister mentioned yesterday, doesn't even have to be in
- 8:09Speaker 3: writing and be a phone call. So where's the detailed
- 8:13Speaker 3: recording of the justifications for the decisions that the Chow
- 8:16Speaker 3: is making. It's not accountable, it's not transparent, and there
- 8:22Speaker 3: will be things being done which will be a very
- 8:25Speaker 3: very little record of and of course then there's no
- 8:27Speaker 3: information coming through the public of the territory as to
- 8:31Speaker 3: what those decisions are based on where is the science
- 8:36Speaker 3: around those decisions and so people don't get the ability
- 8:40Speaker 3: to understand what's taking place.
- 8:42Speaker 1: So Bell obviously, this legislation has been introduced into the
- 8:46Speaker 1: Parliament yesterday. What is the process now, how soon is
- 8:49Speaker 1: it going to pass? And do Territorians have any option
- 8:52Speaker 1: here to have their voices heard?
- 8:56Speaker 3: Well, terri Trians can make their voices heard in a
- 8:58Speaker 3: number of ways catie of living in a democracy. That's
- 9:01Speaker 3: for sure. The legislation will come up in May's parliamentary sittings.
- 9:08Speaker 3: We have requested a briefing, at detailed briefing on what
- 9:12Speaker 3: these changes are actually going to mean, and will go
- 9:15Speaker 3: through those line by line and certainly give it the
- 9:18Speaker 3: scrutiny that it deserves on face value. The new powers
- 9:23Speaker 3: that they're providing to the show, or sorry, the powers
- 9:26Speaker 3: that they're moving across to the show said provides. I
- 9:30Speaker 3: suppose a level of power that hasn't been seen given
- 9:37Speaker 3: to a public servant previous that I'm aware of. This
- 9:41Speaker 3: power normally sits with an elected official, and it sits
- 9:44Speaker 3: with a parliamentary and government cross. To give this level
- 9:47Speaker 3: of power to one particular public servant is certainly unheard of.
- 9:52Speaker 3: And I said, we need to scrutinize that and make
- 9:55Speaker 3: sure that the checks and balances are there to make
- 9:58Speaker 3: sure that Territorians not getting hoodwinked.
- 10:03Speaker 1: Bill. We are fast running out of time, but I
- 10:05Speaker 1: do want to ask you, very quickly a couple more questions.
- 10:08Speaker 1: One of those, do you have any idea if other
- 10:11Speaker 1: states and territories are doing the same thing. From what
- 10:14Speaker 1: I can see, it seems as though most other states
- 10:16Speaker 1: and territories are moving away from giving more power to
- 10:22Speaker 1: the chow or extending public health Emergency declaration and are
- 10:27Speaker 1: moving more towards that phasing back.
- 10:31Speaker 3: That's right, Katie, most other states and territories are moving
- 10:34Speaker 3: into the endemic stage, scaling back the powers that governed
- 10:39Speaker 3: are using to make those decisions. Of course, they still
- 10:42Speaker 3: sit there if they should need to enact them again.
- 10:45Speaker 3: But the only state that I'm aware of that's gone
- 10:47Speaker 3: down this path is Victoria. And the public backlash against
- 10:51Speaker 3: the Victorian government was absolutely huge, because it's like the
- 10:57Speaker 3: Victorian government overstepping their powers and control over the community.
- 11:03Speaker 3: So it'll be interest to see how the public reacted
- 11:06Speaker 3: to the announcement yesterday by the Health Minister and what
- 11:10Speaker 3: the new powers bestowed upon the show. Are going to
- 11:13Speaker 3: meet the territory now.
- 11:14Speaker 2: Before I let you go. Bill.
- 11:16Speaker 1: Parliament certainly got pretty fired up yesterday. The Opposition leader
- 11:21Speaker 1: thrown out twice. Why was she chucked out?
- 11:26Speaker 3: I'm still trying to figure that one out, Katie. I'm
- 11:28Speaker 3: sitting right behind Lena and listening and taking notice of
- 11:33Speaker 3: what was going on. I said the first one said
- 11:37Speaker 3: the Health Minister was on a rant criticizing the Cealpe Party,
- 11:44Speaker 3: our president stepping down at all sorts of bits of peace.
- 11:46Speaker 3: We actually asked a question about the Health miniss involvement
- 11:50Speaker 3: in the role case. And when Leah stood up just
- 11:54Speaker 3: to bring that point of order to say, this is
- 11:57Speaker 3: not about the celp's man management, It's about a question
- 12:01Speaker 3: provided to the minister, she was injected for an hour
- 12:05Speaker 3: or else. Quite taken aback. Leia was quite respectful in
- 12:11Speaker 3: her questioning and the way that she went about it,
- 12:13Speaker 3: but she was removed for now and then, and then
- 12:15Speaker 3: later when she asked another question later in the day,
- 12:19Speaker 3: she was removed again. I've started to feel a bit
- 12:22Speaker 3: left out, Katie. I haven't been training out yet.
- 12:23Speaker 1: Well, look, don't try and get yourself thrown out, Bill.
- 12:26Speaker 1: I think all anyone wants is for the opposition to
- 12:30Speaker 1: do their best to try and hold the government to account,
- 12:33Speaker 1: and I know that they certainly want the government to
- 12:36Speaker 1: you to be part of all of those debates and
- 12:38Speaker 1: to answer questions as well about issues which are important
- 12:41Speaker 1: to them. Bill.
- 12:42Speaker 2: Do you think that the government's got a problem with.
- 12:44Speaker 3: Scrutiny, Absolutely, Katie. It's been really evident this way you said,
- 12:49Speaker 3: we're going with asked very simple straightforward questions that territories
- 12:54Speaker 3: are coming to us with and they deserve very simple,
- 12:57Speaker 3: straightforward answers. But this government does everything that possibly can
- 13:01Speaker 3: not to answer those questions. Even to the point yesterday
- 13:04Speaker 3: we had our motion about crime and a public meeting
- 13:06Speaker 3: in Alo Springs. The government can't even have our emotions
- 13:11Speaker 3: on the table. They choose every time to change our emotions.
- 13:14Speaker 3: They take our motion and change it to something else
- 13:17Speaker 3: so they can stand up and pat themselves on the
- 13:20Speaker 3: back and tell the world all the great things that
- 13:23Speaker 3: they're seem to be not doing. Particularly for Central Australia.
- 13:26Speaker 3: It's really it's really quite embarrassing I think for government
- 13:30Speaker 3: are the fact that that they can't actually take criticism.
- 13:35Speaker 3: They don't like scrutiny. And I'll tell you what, Cadie,
- 13:38Speaker 3: the lab the Government are certainly transparent because we can
- 13:41Speaker 3: all see straight through them.
- 13:42Speaker 1: Well, I tell you what, Bill, I know that you know,
- 13:45Speaker 1: I had a crack at you guys last time parliament
- 13:47Speaker 1: sick sack, because I felt that you should have been
- 13:50Speaker 1: focusing on things that you know, that were important to Territorians.
- 13:54Speaker 1: So I'll have certainly happy to have a crack at
- 13:56Speaker 1: the government this time around because I do think that
- 13:59Speaker 1: they need to answer some of these questions that are
- 14:01Speaker 1: incredibly important to Territorians.
- 14:05Speaker 3: Yeah, that's for sure, Territorians. It's not as if we
- 14:08Speaker 3: sit around and we make these questions up. These are
- 14:10Speaker 3: questions coming to us from people on the ground, from business,
- 14:14Speaker 3: from everyday Territorians. So where they're representing them and the
- 14:18Speaker 3: government should be answering these very very simple, straightforward questions
- 14:21Speaker 3: because these are the questions that Territorians want the answers to.
- 14:26Speaker 3: The government do not want to provide those answers. They
- 14:28Speaker 3: want to dance and hide and avoid any reference to
- 14:34Speaker 3: anything that they may not be doing for Territorians, that's
- 14:37Speaker 3: for sure.
- 14:38Speaker 1: Well, Billyan, the Opposition spokesperson for Health We always appreciate
- 14:43Speaker 1: your time.
- 14:43Speaker 2: Thanks very much for speaking with us this
- 14:45Speaker 3: Morning, sarrisk do you have a great date