In September 2020, when we launched our action to push WorkSafe Victoria to prosecute the Victorian government over the hotel quarantine disaster, we said this would be a long campaign.
Well, finally, we have our first court action. This is in the Supreme Court of Victoria, tomorrow Tuesday 21st June 10.30 am EST. It’s taken a lot of work to arrive at this point. Our legal team is great. And again, heaps of thanks to everyone who ‘put in’ to enable us to fund the campaign. But this is just the first of many steps—so lots more to happen.
This is what’s happening:
- WorkSafe Victoria says it doesn’t have to prosecute (or investigate) any individual or government entity other than the Department of Health.
- For a lay understanding, WorkSafe says that that word ‘matter’ in the legislation is singular, not plural, and that therefore it only has to prosecute one entity. We say that’s nonsense.
- Tomorrow’s Supreme Court hearing is to consider whether WorkSafe’s question (singular or plural) should be considered. It’s a question about a ‘Separate Question Application’ by WorkSafe.
Yes, the law moves slowly, but at least we have movement.
We’ve put together a 3-page summary of the legal play at this point. We’ve tried to keep it as clear for the lay person as possible but also legally accurate.
But to give you an overview, our (SEA’s) assessment—based on WorkSafe’s Separate Question Application and the content of WorkSafe’s submissions—is that WorkSafe is very concerned about SEA’s mandamus application. Further, that WorkSafe is seeking to avoid revealing the substance of its investigations into the Hotel Quarantine Program and having its investigations considered and assessed by the Court in an open and public hearing.
If you’re interested, you can observe tomorrow’s proceedings online.
The Supreme Court has provided the following information/rules for online viewing:
“Observers may follow the proceedings remotely via the following Zoom Link:
https://supcourt-vic.zoom.us/j/68458935011?pwd=MTd1YXBURWhLelBYWlR4RVBPdkRrUT09
Meeting ID: 684 5893 5011
Password: 107095
All those observing are to remain on mute at all times. Hearings must not be rebroadcast or transmitted (including by taking a photograph, screenshot, audio and/or visual recording) unless authorised to do so. This includes posting on social media.”
Remember, the 3-page summary should give you a good understanding of the state of play. We’ll keep you informed as events unfold.
Leave a Reply