- Bill would give the premier and health minister the power to declare a pandemic
- Andrews government minister says bill needs to pass to keep Victorians safe
- Mr Andrews has secured independent MP’s vote to get the bill over the line
- All international arrivals into Victoria have to isolate for 72 hours due to Omicron
By Charlie Coë For Daily Mail Australia and Benita Kolovos For Australian Associated Press
Published: 07:55 AEDT, 30 November 2021 | Updated: 08:48 AEDT, 30 November 2021
Victorian Premier Daniel Andrews is one step closer to passing his controversial pandemic bill after securing the crucial vote of an independent MP.
Transport Matters MP Rod Barton will vote in favour of the Pandemic Management Bill as long as Mr Andrews agrees to have his public health orders reviewed by a parliamentary committee.
The pair agreed the committee will need to be chaired by a crossbench or Opposition MP to make sure it is independent from the state’s ruling party.
The bill would give the premier the right to declare a pandemic and enforce lockdown restrictions – powers that so far only lie with the chief health officer.
Transport Infrastructure Minister Jacinta Allan on Monday said the emergence of the new hyper-contagious Omicron strain justified the need for the new legislation.
Protesters march against the controversial bill in Melbourne on November 9. Transport Matters MP Rod Barton will vote in favour of the Pandemic Management Bill as long as Mr Andrews agrees to have his new powers reviewed by a committee
‘Negotiations are continuing and are likely to continue for the next couple of days,’ Ms Allan said.
‘What we’ve seen over the last 24 to 48 hours with the emergence of the Omicron strain of the virus is that more than ever, we need this modern pandemic framework to keep Victorians safe.’
Overnight, the state government agreed to six amendments after securing a vote on the bill from Mr Barton.
The amendments include the creation of a cross-parliamentary committee as soon as practicable after a pandemic declaration is made, with the committee given the power to recommend the disallowance of pandemic orders.
Parliament will also be able to disallow pandemic orders by an absolute majority in a joint sitting of both houses, under the changes.
Additionally, a two-year review, carried out by independent legal and health experts, will commence within 18 months of a pandemic declaration.
A new independent merits review scheme for detention orders will replace the current Detention Review Officer Panel, and the amendments will remove the aggravated offence clause.
The changes will also clarify that complaints about detention can be made to the Victorian Ombudsman and parliament or a committee can refer a matter for investigation.
A government spokeswoman said the negotiations were “rigorous” and thanked Mr Barton for coming to the table “in good faith”.
“The emergence of the Omicron variant highlights that the pandemic isn’t over, and that Victoria needs the powers that all other jurisdictions across Australia have to keep our community safe,” she said.
“Over the past fortnight, we offered negotiations to the entire crossbench, giving them the opportunity to work with us on changes to this bill that would ensure Victoria has such a framework in place.
“If this bill passes, we will have strengthened parliamentary oversight, with an independent joint investigatory committee and the ability for the parliament to revoke pandemic orders.”
The other key crossbencher, Mr Hayes, told reporters at parliament on Tuesday he would not be supporting the amended bill.
The bill had been expected to pass parliament in the previous sitting week with the support of three crossbench MPs, but former Labor minister Adem Somyurek announced he would return from a self-imposed absence to vote against it in its current form.
His return meant the government needed the support of one additional crossbencher to pass the legislation. 
Victorian Transport Minister Jacinta Allan says negotiations between the government and crossbench MPs on a controversial bill are continuing in good faith
At the weekend, the Victorian government announced all international arrivals into the state will have to isolate for 72 hours, while those who have visited one of nine southern African countries of concern will have to undergo 14 days of hotel quarantine.
Ms Allan said the government would not have been able to impose the new rules were it not for the state of emergency currently in place.
‘All of this is going to be an important framework for some time to come,’ she said. ‘Because the pandemic isn’t over. We would like it to be over but it isn’t.’
Opposition Leader Matthew Guy described the Omicron variant as the ‘fourteenth strain of the coronavirus in 18 months’ and accused the government of ‘dabbling in the politics of fear’.
‘The government constantly talking about states of emergency, pandemic bills, that is a thing of the past, that should not be the way we approach a Covid future,’ he said.
Mr Guy has vowed to repeal the pandemic legislation if elected in November 2022.
The bill was expected to pass parliament last sitting week with the support of three crossbenchers in the upper house but former Labor minister Adem Somyurek announced he would return from a self-imposed absence to vote against it in its current form.
Mr Somyurek’s return means the government needs the support of one additional crossbencher to pass the legislation before the state of emergency expires.
What are the fines in Daniel Andrews’ new law?
$21,909: This fine is for breaching a pandemic order such as not wearing a mask, breaking a movement limit, attending an illegal protest or a gathering, refusing to get tested or failing to show ID.
$90,870: This fine is for an aggravated offence for breaches that ’cause a serious risk to the health of another individual’ such as going to work when infectious.
$109,044: This fine is for businesses breaking rules which may include failing to make sure customers check-in or show proof of vaccine status.
$454,350: This fine is for an ‘aggravated’ offence by a business such as encouraging customers to flout lockdown rules .
Below are Mp’s that are voting in favour of the Pandemic Bill.
Contact details below if you wish to express your concerns regarding the bill.
Rodney Barton
Party: Transport Matters Party
Contact Details or Rod Bartons Website Here
Jacinta Allan
Party: Australian Labor Party
Andy Meddick
Party: Animal Justice Party
Fiona Patten
Party: Fiona Patten’s Reason Party
Samantha Ratnam
Party: Victorian Greens