Law in the time of COVID-19

Does a government have to pass a law to make something compulsory, or can businesses make it a must-have anyway?

Australia’s latest emissions data, released this week, contained one particularly startling, and unjustifiable, fact. Against all odds, in a year when emissions fell in almost every sector, Australia’s export gas industry still managed to do more climate damage.

Several COVID-19 vaccines are in late-stage clinical trials. So discussion is turning to who should receive these vaccines first, should they be approved for use. Today, we discuss two options. One is to prioritise the elderly. This article looks at the benefits of vaccinating children first.

Failures in Victoria’s hotel quarantine have highlighted concern that outsourcing is hollowing out government. So when is contracting out appropriate and when isn’t it?

The interim report of Victoria’s COVID-19 Hotel Quarantine Inquiry outlines the future operations of the program – but the failure of contracting-out services sits behind some of the key recommendations

While restrictions are being eased in Victoria and life in Australia is approaching some sense of ‘COVID-normal’, many of the changes necessitated by the pandemic have left a lasting impact on the way we live and work – and the legal profession is no exception.

New research explores the gap between regulation and practice in healthcare devices, particularly for type 1 diabetes, that are part of the Internet of Things

The Victorian Government’s Social Procurement Framework can help stimulate the local economy and combat the harsh socio-economic effects of COVID-19

In the post below, a group of experts in this area question some more fundamental aspects of our response to addressing the mental health toll of COVID-19 on the Australian community.

Victoria’s COVID-19 Omnibus Bill highlights the central challenge of mobilising and managing the right workforce needed during a public health emergency.

Two years ago, the government legislated tax cuts for delivery more than five years into the future. The tax cuts were legislated on the expectation of a surplus, not a $95 billion deficit.

Managing COVID-19 has divided Victorians with some believing that their human rights are at risk, particularly when it comes to curfews

Saturday’s resignation of health minister Jenny Mikakos, described by Premier Daniel Andrews as "appropriate", is a demonstration of the idea that in the event of failure in matters belonging to their portfolio, ministers show their responsibility to the electorate by resigning from office.

Daniel Andrews’ Sunday announcement of some modest steps out of lockdown will bring both relief and reassurance to many Victorians, but frustration to those who think he should move faster.

Ahead of Premier Daniel Andrews' appearance tomorrow at the inquiry into Victoria's ill-fated hotel quarantine program, two ministers have pointed the finger at the state's Health department.

In April, I made three predictions about a post-COVID-19 legal world – there would be deeper relationships between staff and clients, less paper and more flexible work arrangements.

History will judge “terribly” any country which finds a COVID-19 vaccine but does not share it, says Prime Minister Scott Morrison. How do we ensure this doesn’t happen?

The vast majority of COVID-19 cases in Victoria’s second wave of the pandemic are traceable to breaches of hotel quarantine. What went so horribly wrong? A judicial inquiry is trying to find out.

Given the implications for potential take-up of a COVID-19 vaccine, it’s important to unpack religious as well as the general ethical concerns from using human cell lines

Cricket Australia faces a summer of discontent. The disruption caused by the COVID-19 pandemic has exposed financial and governance tensions and mistrust involving its players’ and state associations.

Indonesia is still struggling to manage the COVID-19 pandemic. Its fatalities are the worst in Southeast Asia, but so far the most dire predictions have not come true.

The sidelining of parliaments across Australia during the COVID-19 pandemic, and the dominance of the new National Cabinet, has concerned experts but not the public. Why?

The COVID-19 pandemic has thrown into sharp relief the vice-like grip of insecure work (work that does not have adequate labour security especially in terms of employment and income).

Melbourne anti-maskers are claiming that Victoria’s mask requirement is unlawful. Associate Professor Jonathan Liberman explains why this isn't the case.

Scrutinising Australia’s National COVID-19 Coordination Commission

A new Australian institution – the National Cabinet – emerged at a time of crisis, but its success depends on how it works in practice, once the COVID-19 pandemic passes.

Surveillance technology deployed to combat COVID-19 can quickly be used against civil freedoms

How has COVID-19 impacted privacy, jobs and democracy? Watch the complete Germs and Justice three-part series featuring Jon Faine and leading MLS experts discussing these important issues.

Has the pandemic killed the free world? Jon Faine hosts a panel discussion with MLS scholars, broadcast on ABC Radio National’s ‘Big Ideas’ and via ABC Radio Melbourne on Facebook Live.

While the idea that the World Health Organization could investigate disease in countries like weapons inspectors is interesting, there are clear problem

Who will survive the axe? And what rights will be lost? Jon Faine hosts a panel discussion with MLS scholars, broadcast on ABC Radio National’s ‘Big Ideas’ and via ABC Radio Melbourne on Facebook Live.

The global pandemic has evidently had a dramatic impact on democratic practices worldwide. An unprecedented number of states have derogated en masse from international human rights treaties and are simultaneously under a state of emergency (or emergency measures without a formal emergency declaration e.g. Ireland, Poland).

As the Indonesian government’s coronavirus response has shifted from deep denial to broad action, some of its key directives are meeting with public resistance.

During the COVID-19 restrictions, I have been working from home with the rest of my family. I have been thankful for our relatively comfortable working environment and reasonably functional internet.

Is Big Brother on your phone? Jon Faine hosts a panel discussion with MLS scholars, broadcast on ABC Radio National’s ‘Big Ideas’ and via ABC Radio Melbourne on Facebook Live.

Covid-19 is a test for all nations. Around the world, governments have dramatically increased their powers to deal with the crisis.

The economic downturn is exposing trust beneficiaries to a series of risks, but the trust structure can still help those in financial distress

The Australian economy has been through the ringer thanks to the COVID-19 shutdown. But Australian citizens who have lost work at least have access to welfare payments when they hit dire straits.

Digital virtual assistants make life more convenient but we are trading off our privacy. Here are some simple steps to keeping the AI where you want it.

Australia's COVIDSafe app has been out for three weeks now but despite the government's draft legislation stating the data cannot be accessed outside of coronavirus tracing purposes, some of its vague wording is causing legal experts concern over potential misuse.

The COVID-19 pandemic isn’t just a physical health crisis—it’s also a mental one. But online resources for mental health come with privacy risks.

The slippery concept of corporate guilt too often allows companies off the hook. The law needs reforming

Dr James Parker examines how the efficacy of the Australian government’s tracking app COVIDSafe will be measured, along with the mission creep it is sure to entail.

With more women facing unemployment than men due to the coronavirus, experts fear those affected will be facing financial hardship for decades to come.

MLS Senior Fellow Joel Barolsky asks: is your law firm getting the most of out of your existing technology, or looking at shiny new toys?

Last week, a panel of experts from across The University of Melbourne, came together to discuss “Life Beyond Coronavirus: What will it take to end isolation?”. MLS Professor Adrienne Stone was there to give insights from a legal perspective. Here are some of the highlights…

Australia’s massive economic support package to help the community through COVID-19 has left out many of the most vulnerable people

Associate Professor Anna Arstein-Kerslake discusses the impact that COVID-19 is having on people with disabilities.

Melbourne Law School's Professor John Sharkey AO discusses whether Australia's construction contracts will stand up to scrutiny in the face of COVID-19

Many Australians are facing potential unemployment, but the reality is some people are more likely to face discrimination and inequality in the workplace during COVID-19

Conflict between the federal and state governments broke into the open yesterday when education minister Dan Tehan attacked, and later apologised to, a premier over a sensitive element of the coronavirus pandemic’s management: school education.

Consumer rights have become a major topic of concern for hundreds of travellers forced to cancel holidays due to the coronavirus pandemic

Privacy and transparency should be central to the use of a COVID-19 tracking app, but there are other ways to track infections, and an app may not work anyway.

Jakarta, Indonesia - With a coronavirus infection rate that has nearly quadrupled since the start of the month, and one of the world's highest mortality rates, Indonesia's response to the pandemic has led to doomsday predictions by infectious disease experts, epidemiologists and data handlers abroad.

The COVID-19 crisis has seen extraordinary powers conferred upon individual Ministers. Under the Biosecurity Act, the Health Minister has emergency powers to issue requirements to prevent and control the spread of COVID-19.

MLS water law expert Dr Erin O'Donnell discusses how sewage could be a surprising new ally in the fight against COVID-19.

A chronically ill refugee who is being held in detention in Melbourne has taken action in the High Court against Minister Peter Dutton and the Department of Home Affairs alleging they have breached their duty of care to protect him from contracting COVID-19.

When Queensland closed its borders on April 3, former foreign minister and high commissioner to the United Kingdom Alexander Downer took to Twitter, questioning the constitutional validity of the move.

At the start of 2020, not a day would go by where a story of ‘wage theft’ did not appear in the major news outlets. There were multiple government inquiries on foot at both state and federal levels.

Why clarifying the distinction between ’therapeutic’ and ‘cosmetic’ hand sanitisers could be critical in the fight against COVID-19.

Psychiatrists, doctors and human rights groups say Australia should follow the example of other Western countries in releasing inmates from immigration detention centres, which are potential COVID-19 hotspots.

Australia has a legal and humanitarian obligation to protect people in immigration detention during the COVID-19 crisis, which should trigger a rethink of our policies.

Professor Belinda Fehlberg discusses how COVID-19 restrictions, job losses and social isolation is impacting victims of domestic and family violence.

Air travel in Australia is as good as grounded as we fight to fight back against the coronavirus spread.

Can President Jokowi make up for lost time to prevent a catastrophic outcome for Indonesia in the face of COVID-19?

Professor Miranda Stewart discusses how Australia's tax and transfer systems will need to change because of the current COVID-19 crisis.

COVID-19 has resulted in unprecedented actions from the government with limited parliamentary scrutiny. Professor Adrienne Stone takes a closer look at what this means for democracy in Australia.

Associate Professor Jonathan Liberman provides his perspective on COVID-19, the immediate health crisis and the values that will guide us through the difficult times ahead.

Professor John Howe discusses what the future might hold for employment policy and regulation after COVID-19.

The COVID-19 pandemic has resulted in the establishment of a National Cabinet. Professor Cheryl Saunders examines the role of the National Cabinet, and how it might affect state and national governance.

Melbourne Law School Professor Jack Anderson discusses the possible impact on sports player contracts in the wake of the COVID-19 pandemic.

Should democracy be deferred in the COVID-19 pandemic? An unmistakable trend in this crisis has been to highly centralised, expert-driven government decision-making, with less space for democratic deliberation.

As nations prioritise tracking over privacy. The University of Melbourne has launched a new Centre for Artificial Intelligence and Digital Ethics (CAIDE) to tackle the ethical, policy and legal challenges posed by new technologies.

With governments bringing in strict measures to control the spread of COVID-19, there’s a growing sense that the new post-emergency ‘normal’ may be very different from what we have known.

Almost no one thinks Indonesia is handling the COVID-19 pandemic well.

The centerpiece of the Commonwealth government’s COVID-19 economic stimulus program is JobKeeper. Priced at A$130 billion, it will pay eligible employers $1,500 per fortnight for each eligible employee for up to six months.

Mass digital surveillance is increasingly being used around the world to control COVID-19. But once the pandemic fades, will the surveillance stay?

Many temporary Australian residents will be excluded from the JobSeeker Payment and Coronavirus Supplement to be provided to permanent residents. In this open letter to the prime minister, 40 leading Australian experts on public policy argue this is in no-one’s interests.

At some point later this year or early next we will move into a post-coronavirus world. What might that look like from a law firm perspective? On my reckoning, it will involve deeper relationships, less paper and more flexibility.

The government is temporarily increasing its size by half. But what is the best way of channelling this aid to the people who need it?

My recent work has focused on digital mental health technologies, including online counselling and telehealth options, as well as apps for wellbeing, social connection and other aspects of health.

There is a collective sense of shock at how quickly COVID-19 is spreading both around the globe and within individual countries, and the suddenness with which new regulatory measures have been announced and implemented.

G20 leaders have pledged to do “whatever it takes” to minimise the impacts of COVID-19. A simple solution is a universal basic income – a regular payment to every adult, no questions asked.

Social distancing and self-isolation has already made us even more reliant on gig-workers. As we go out less, and businesses begin to close public areas, there may still be many delivery riders out on our streets bringing us our food.

Society has moved far more aggressively to address the coronavirus than it has the climate crisis. But some experts wonder if the unprecedented global mobilisation to slow the pandemic might help pave the way for more dramatic climate action.

Tokyo will now have to wait for most likely a year to join this exclusive club, however, after finally giving in to international pressure and deciding to postpone the games due to the coronavirus pandemic.

It is too early to predict how the COVID-19 pandemic will unfold and over what period of time. But we should expect that, much like September 11, the world afterwards will be very different to the world before.

More than 360 justice and health advocates have signed an open letter urgently calling on Australian governments to reduce the risk of transmission of COVID-19 in the Australian criminal justice system, especially prisons and youth detention centres.

In the Western world, doctors are gearing up for an explosion of cases of COVID-19 and with a massive shortage of medical resources, including life-saving ventilators, they are likely to be presented with dilemmas of exactly this kind.

If there is a silver lining to the COVID-19 pandemic, it is what it might mean for the climate crisis.

As many parts of the world move to self-isolation, the International Olympic Committee remains isolated in its resolve to hold what would be the biggest sporting event of 2020, the Tokyo Olympics.

The novel coronavirus outbreak has shut down cities and closed borders, but online, there is no limit to how the crisis can be exploited for clicks and cash.