The weaknesses in Australia’s multi-layered, highly bureaucratic, and often overlapping, system of federal governance have been revealed by the pandemic.
Protections for individual rights are lacking as are clear delineations of the responsibilities of local, state and federal governments.
Emergency powers have been used to create ‘temporary’ state fiefdoms exercising powers that rightly belong at the federal level. (According to the provisions of Australia’s 1901 Constitution.)
At the same time the current federal government has demonstrated striking levels of incompetence in organizing and coordinating nation level programs.
Constitutional reform is an urgent priority.
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Despite his victory in court yesterday, it’s been reported that Immigration Minister Alex Hawke is still considering whether to cancel the Serbian tennis star’s visa for a second time. #9News pic.twitter.com/JVmyEjLdq1
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Australia’s Human Rights Commission has been uneasy about developments of the last two years.
Limitations to human rights must be necessary and proportionate
Australian Human Rights Commission
COVID-19 is a very serious threat to public health, and to the human rights of people in the community (such as the rights to life, and the highest achievable standard of health). There is clearly a rational link between health responses to the pandemic and the risk faced by the community. However, under international human rights law, governments also have a responsibility to demonstrate that any limitations they put on rights are proportionate to the threat.
The Constitution Education Fund has also examined some of the issues that the pandemic has raised.
“During a pandemic, when lives are at risk, we want the Government to protect us, no matter what. This raises important public policy questions. Should we still strictly apply the law, or does an emergency justify a government acting outside the law? Should Parliaments continue to scrutinise government actions, or just let Ministers get on with dealing with the crisis? Can a “national cabinet” take over and make laws outside the constitutionally prescribed law-making institutions?
During this pandemic, the rule of law continues to apply in Australia
Constitution Education Fund
Governments around Australia are having to make tough decisions to protect the people, but the rule of law means that these governments cannot act outside their powers. Nobody is above the law and this includes ministers and parliamentarians. If a minister travels to their holiday house in breach of restrictions on unnecessary travel, then they can expect to be fined just as anyone else would be.
Aussie Arts & Letters 
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