Top QC says Dictator Dan's curfew is 'invalid' and Melburnians should ignore it - as bizarre reason Victorian government knocked back army help with hotel quarantine is revealed
- Michael Wyles QC says Melbourne's coronavirus 8pm to 5am curfew is 'invalid'
- Curfew was not imposed by public health officials to protect the public's safety
- Victorian Premier Daniel Andrews said the curfew was about law enforcement
- The top lawyer said this was not a valid reason to impose the emergency orders
- DHHS said it denied ADF help at quarantine hotels as troops were too 'daunting'
Michael Wyles said the 8pm to 5am curfew, brought in as part of Melbourne's Stage Four restrictions, had not been authorised under state law
A top QC has questioned the validity of the coronavirus curfew imposed on Melbourne by Victorian Premier Daniel Andrews.
Michael Wyles said the 8pm to 5am curfew, brought in as part of Melbourne's Stage Four restrictions, had not been authorised under state law.
'There is no legal basis for the curfew,' he told The Australian.
Legislation allows health officials to make emergency orders to protect the public but chief health officer Brett Sutton has revealed he did not seek the curfew.
Premier Andrews instead said the restriction had been 'about enforcement'.
Mr Andrews was asked if the measure had been requested by police and said this week that restrictions were decided on advice from a variety of authorities.
'Some of that's public health advice, some of its law enforcement advice,' he said.
A top QC has labelled the coronavirus curfew imposed on Melbourne by Victorian Premier Daniel Andrews (pictured) during Stage Four lockdown as 'invalid'
The curfew was brought in for 'enforcement' rather than for public health and is not seen as a valid reason to enact emergency orders (empty streets in Melbourne pictured on Friday)
Mr Wyles' pointed out the potential flaw in the curfew as assisting law enforcement was not a valid reason to enact emergency health orders.
'It is invalid and everyone can ignore it because the direction is not, according to what Sutton said yesterday, for the purpose of eliminating or reducing the risk of COVID,' Mr Wyles said.
Share this article
The revelation comes as the bizarre reason why the Victorian government turned down help from Australian Defence Force with hotel quarantine was revealed.
An inquiry into Melbourne's botched quarantine program heard ADF troops were not used as it would have been 'daunting' for arriving passengers.
The strict curfew ordered Melburnians (pictured wearing masks on a walk) to stay at home between 8pm and 5am. Residents must also stay within 5km of home for exercise
The DHHS revealed Australian Defence Force troops (pictured in Avalon on Friday) were not used in hotel quarantine hotels as it would have been 'daunting' for travellers
A Department of Health and Human Services director Pam Williams said she didn't know why the ADF hadn't been used for security, Herald Sun reported.
Ms Williams said many returned travellers had experienced difficult journeys to get back into Australia.
'An ADF presence upon their arrival at the hotels may have been a daunting experience, particularly for people from war-torn countries,' she said.
Finding out who decided to use private security rather than the ADF or police is a key issue for the inquiry.
Victoria has recorded just 43 new cases of coronavirus and nine more deaths on Friday (people exercise along the Tan track in Melbourne pictured)
Former chief commissioner of police Graham Ashton and his replacement, Shane Patton, are set to give evidence next week.
Emergency Management Commissioner Andrew Crisp and Mr Sutton will also face the board.
Victoria's deadly second wave of coronavirus was sparked when at least 29 of the private security guards caught COVID-19 from quarantine guests.
Victoria recorded 43 new coronavirus cases and nine deaths on Friday.
