(b) was unreasonable, illogical or irrational and (a) was made at the direction or behest of the Premier Ms Loielo contended the Curfew Direction: The Directions contained other restrictions in addition to the curfew, including the four reasons to leave home and the “ring of steel” between greater Melbourne and the rest of Victoria, but Ms Loielo only challenged the curfew (Curfew Direction). The Directions continued and modified a more restrictive curfew imposed by the Stay at Home Directions (Restricted Areas) (No 8) which had applied between 8pm and 5am from 5 August 2020. On 13 September 2020, Ms Giles signed the Stay at Home Directions (Restricted Areas) (No 15) (Directions) in her capacity as an authorised officer exercising emergency powers. The relevant emergency powers include detaining persons, restricting movement within Victoria, preventing persons from entering Victoria and giving any other direction reasonably necessary to protect public health.
On 11 September 2020, the Chief Health Officer authorised Ms Giles to exercise emergency powers. On 9 September 2020, Ms Giles was appointed as a Deputy Public Health Commander. On 15 March 2020, the Health Minister declared a state of emergency under section 198(1) of the Public Health Act on the advice of the Chief Health Officer in relation to the whole of Victoria. The Chief Health Officer is empowered under section 199(2)(a) of the Public Health and Wellbeing Act 2008 (Vic) (Public Health Act) to authorise officers to exercise emergency powers if a state of emergency exists and the Chief Health Officer considers the authorisation necessary to eliminate or reduce a serious risk to public health. Ms Loielo commenced the proceeding against Associate Professor Michelle Giles, a Deputy Public Health Commander at the time of the relevant events, seeking a declaration that the curfew was unlawful and invalid. Justice Ginnane accepted that Ms Loielo had a special interest and therefore had standing to bring her claims. Ms Loielo was financially impacted by reduced patronage to her business during the lockdown. The proceeding was commenced by Michelle Loielo, the owner of a restaurant in Rosebud West on the Mornington Peninsula. Justice Ginnane held that the curfew imposed between 9pm and 5am in greater Melbourne from 13 to 28 September 2020 ( Curfew) was a lawful and proportionate measure in response to mounting cases of COVID-19 in Victoria. On 2 November 2020, the Supreme Court of Victoria dismissed the first substantive legal challenge to the validity of greater Melbourne’s lockdown laws.
0 kommentar(er)
