tag:theconversation.com,2011:/uk/topics/greg-hunt-6647/articlesGreg Hunt – The Conversation2022-08-15T10:13:35Ztag:theconversation.com,2011:article/1887472022-08-15T10:13:35Z2022-08-15T10:13:35ZView from The Hill: Morrison’s passion for control trashed conventions and accountability<p>The only credible explanation for Scott Morrison personally installing himself, as an undisclosed ministerial partner, in several portfolios is the former prime minister’s passion for control. </p>
<p>The fact he didn’t tell senior colleagues, let alone the public, of this strange arrangement reflects another of his passions – for secrecy. </p>
<p>The revelation of the arrangement has further tarnished Morrison’s already battered reputation after his humiliating election loss.</p>
<p>As of late Monday, Morrison had given no public explanation for his highly unorthodox and indefensible behaviour towards his ministers. </p>
<p>He texted Sky, which sought comment, that since leaving the prime ministership he had not “engaged in any day to day politics”. Sky quickly pointed out he’s still in parliament. </p>
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<p>Morrison’s odd conduct was revealed in a new book, Plagued, by Simon Benson and Geoff Chambers, journalists with The Australian. </p>
<p>They wrote that early in the pandemic Morrison “hatched a radical and until now secret plan […] He would swear himself in as health minister alongside [Greg] Hunt. </p>
<p>"Such a move was without precedent, let alone being done in secret, but the trio [which included attorney-general Christian Porter] saw it as an elegant solution to the problem they were trying to solve – safeguarding against any one minister having absolute power.</p>
<p>”‘I trust you, mate,’ Morrison told Hunt, ‘but I’m swearing myself in as health minister, too.’</p>
<p>“It would also be useful if one of them caught Covid and became incapacitated. Hunt not only accepted the measure but welcomed it. </p>
<p>"Considering the economic measures the government was taking, and the significant fiscal implications and debt that was being incurred, Morrison also swore himself in as finance minister alongside Mathias Cormann. He wanted to ensure there were two people who had their hands on the purse strings,” Benson and Chambers wrote.</p>
<p>This “elegant solution” was anything but. In allegedly protecting against a minister having too much power, it was just increasing the prime minister’s power. As for a minister becoming incapacitated: replacing them quickly is easy. </p>
<p>Unlike Hunt, Cormann didn’t even receive the courtesy of being told he had a silent ministerial partner. </p>
<p>Morrison did not exercise any powers as finance minister but it was another story in resources, as we have learned as more information comes out. </p>
<p>According to <a href="https://www.theaustralian.com.au/nation/politics/scott-morrison-appointed-by-gg-to-take-control-of-department-of-industry-science-energy-and-resources-11months-before-he-scuttled-offshore-gas-project/news-story/38338e07f09df91fa68409cde43e013c">The Australian</a>, in April 2021 Morrison was appointed minister for the portfolio industry, science, energy and resources. </p>
<p>Later that year, with the election approaching, the PM used his power to veto the permit for the PEP11 gas exploration off the NSW coast. This was a highly political move to try to save and win votes. The bid, however, was unsuccessful – all four backbenchers whose names were on the press release lost their seats. </p>
<p>Then resources minister Keith Pitt – who had another view on the exploration issue – has indicated he knew of the dual ministerial power some time before and wasn’t happy. </p>
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<a href="https://theconversation.com/explainer-scott-morrison-was-sworn-in-to-several-portfolios-other-than-prime-minister-during-the-pandemic-how-can-this-be-done-188718">Explainer: Scott Morrison was sworn in to several portfolios other than prime minister during the pandemic. How can this be done?</a>
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<p>Morrison at the time was asked about his earlier line that the ultimate decision on the drilling lay with Pitt. “I decided to take the decision as the prime minister, which I’m authorised to do,” he said. </p>
<p>In retrospect, his wording was precise, alluding to his own ministerial power.</p>
<p>The matter is now in court, where Morrison is named as “the responsible Commonwealth minister”.</p>
<p>Barnaby Joyce, Nationals leader before the election, knew of Pitt’s situation (as did Joyce’s predecessor, Michael McCormack) although he wasn’t aware of the other double ups. </p>
<p>David Littleproud, now Nationals leader, on Monday described Morrison’s behaviour as “pretty ordinary”. “If you have a cabinet government, you trust your cabinet.” </p>
<p>Opposition leader Peter Dutton was in the dark, saying, “Obviously the then prime minister had his reasons, his logic for it, but it was not a decision I was party to or was aware of. It was a decision-making process that he’s made.”</p>
<p>Anthony Albanese has sought advice from the Solicitor-General and was being briefed on Monday about the arrangement. </p>
<p>“This is extraordinary and unprecedented,” Albanese said. Morrison had been running “a shadow government that was operating in the shadows”. </p>
<p>It was “the sort of tin-pot activity that we would ridicule if it was in a non-democratic country”.</p>
<p>Governor-General David Hurley indicated in a statement from his office that the constitutional provisions had been satisfied. </p>
<p>“The Governor-General, following normal process and acting on the advice of the government of the day, appointed former prime minister Morrison to administer portfolios other than the Department of the Prime Minister and Cabinet,” the statement said.</p>
<p>“The appointments were made consistently with section 64 of the Constitution.</p>
<p>"It is not uncommon for ministers to be appointed to administer departments other than their portfolio responsibility. These appointments do not require a swearing-in ceremony – the Governor-General signs an administrative instrument on the advice of the prime minister.”</p>
<p>This highlights the different between what is legal and what is proper.</p>
<p>Morrison was savvy enough to ensure his arrangement did not flout the law. But it did flout the conventions of how cabinet government and ministerial accountability should work. </p>
<p>Morrison treated senior colleagues with disdain. </p>
<p>He treated the public as mugs, undeserving of the right to know. </p>
<p>But, though the voters had no idea of this strange and narcissistic arrangement, they knew him well enough to decide in May that he wasn’t the leader they wanted.</p><img src="https://counter.theconversation.com/content/188747/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Michelle Grattan does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>The only credible explanation for Scott Morrison personally installing himself, as an undisclosed ministerial partner, in several portfolios is the former prime minister’s passion for control.Michelle Grattan, Professorial Fellow, University of CanberraLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1760292022-01-31T07:00:57Z2022-01-31T07:00:57ZMorrison announces bonus of up to $800 to encourage workers to stay in highly stretched aged care system<p>With COVID deaths in aged care mounting and reports of neglect of residents due to acute workforce shortages, Scott Morrison on Monday announced bonus payments totalling up to $800 for staff.</p>
<p>Two payments of up to $400 each will be made on a pro rata basis, according to hours worked. The first payment will be provided next month, with a second by early May. The cost will be $209 million.</p>
<p>A main aim of the payment is to try to encourage qualified workers to stay in the system. </p>
<p>Both workers, who are low paid, and facilities have again been hit hard in recent weeks, as Omicron has raged. Aged care residents were early casualties of the pandemic, with many hundreds of deaths in Victoria in 2020. Now they are again in the frontline of casualties. In January some 447 people in residential aged care have died with COVID.</p>
<p>Staff shortages have been acute in the sector during Omicron with many workers having COVID or furloughed because of being close contacts. There have been reports of residents missing showers and meals being delayed, and many families are not able to visit when facilities have outbreaks.</p>
<p>On Monday NSW Premier Dominic Perrottet expressed concern about the significant number of aged care deaths. NSW Chief Health Officer Kerry Chant stressed the need for residents to receive their boosters and Perrottet offered state support to get the jabs finalised.</p>
<p>Aged care is a federal government responsibility.</p>
<p>Announcing the bonus, Morrison said none of Australia’s health outcomes “would be possible without the hard work, long hours and dedicated care offered by our frontline health and aged care workforce. </p>
<p>"Their resilience over the past two years has been inspiring.”</p>
<p>Morrison said the latest commitment built on the $393 million provided over three payments to 234,000 aged care workers earlier in the pandemic.</p>
<p>The payment will be for workers in government-subsidised home care and to aged care workers providing direct care, food or cleaning services in government-subsidised residential care.</p>
<p>Health Minister Greg Hunt said on Monday that about 99% of aged care facilities were expected to have had their boosters available by the end of the day, with the rest in “coming days”.</p>
<p>Hunt said 60% of the aged care deaths were people who were receiving palliative care.</p>
<p>He said there was a 99% vaccination rate among aged care staff (this means two shots).</p>
<p>Anthony Albanese said at the weekend the government should be supporting an increase in wages for age care workers in the case currently before the Fair Work Commission.</p><img src="https://counter.theconversation.com/content/176029/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Michelle Grattan does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>With COVID deaths in aged care mounting and reports of neglect of residents due to workforce shortages, Scott Morrison on Monday announced bonus payments totalling up to $800 for staff.Michelle Grattan, Professorial Fellow, University of CanberraLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1736742021-12-13T13:00:27Z2021-12-13T13:00:27ZNew facility to be built in Victoria to produce mRNA vaccines<p>A vaccine manufacturing facility will be built in Victoria to produce mRNA vaccines for future possible pandemics under an in-principle agreement between the federal government, the state government and global mRNA company Moderna.</p>
<p>This would increase Australia’s preparedness by providing priority access to vaccines, research and development, clinical trials and global supply chains. </p>
<p>Prime Minister Scott Morrison will announce the yet-to-be-finalised deal on Tuesday. The government says it means that in a pandemic 100 million mRNA vaccines could be produced in Australia annually, starting from 2024.</p>
<p>There would also be priority access to non-pandemic respiratory mRNA vaccines, including potential seasonal flu vaccines that would be produced at the facility.</p>
<p>mRNA technology is part of the next generation in advanced health care, and has been widely used in the COVID pandemic.</p>
<p>There has been competition between Victoria and NSW for the facility but Victoria put up the better proposition. The federal government had said it wanted to announce before the end of the year the capability to produce mRNA vaccines locally.</p>
<p>Health Minister Greg Hunt said the government looked forward to finalising the agreements with Moderna “as soon as possible”.</p>
<p>During the pandemic CSL manufactured the AstraZeneca vaccine, which uses older vaccine technology. However, only mRNA vaccines (Pfizer and Moderna) are being used for booster doses in Australia.</p>
<p>Morrison said mRNA technology would play an important and growing role in response to future health issues. He said having sovereign on-shore mRNA technology was critical.</p>
<p>“This investment will continue to secure Australia’s future economic prosperity while protecting lives by providing access to world-leading mRNA vaccines made on Australian soil,” he said..</p>
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<a href="https://theconversation.com/safety-side-effects-allergies-and-doses-the-covid-19-pfizer-vaccine-for-5-11-year-olds-explained-173323">Safety, side effects, allergies and doses. The COVID-19 Pfizer vaccine for 5-11 year olds explained</a>
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<p>He linked the vaccine production into the government’s manufacturing strategy.</p>
<p>“Medical manufacturing is at the heart of our modern manufacturing initiative, creating jobs and securing Australia’s economic recovery, with more than a million Australians back working in manufacturing, the highest level since Labor let it fall in 2009.”</p>
<p>Hunt said that ATAGI’s recent recommendation on Moderna’s booster dose was a further testament to their advances in mRNA.</p>
<p>“Ensuring Moderna has a manufacturing presence here will deliver Australia priority access to products manufactured here in Australia, by Australians, for Australians, using the most cutting edge vaccination science available in the world today,” Hunt said.</p>
<p>Finance Minister Simon Birmingham said: “This investment will mean world-leading clinical trials, a strong local workforce and creating opportunities through supply chain activities, helping to drive Australia’s economy forward.”</p>
<p>“This is a further endorsement of Australia’s capacity to be a world-leader in the fields of health and medical research.”</p>
<p>Industry Minister Angus Taylor said the government was ensuring Australia maximised the long-term value of any investment in mRNA.</p>
<p>“Our approach is all about ensuring we can have access to, and are able to develop, the next generation of medicines for Australians, and to make sure that Australia’s biopharmaceutical sector and community is at the forefront of that”.</p>
<p>To promote the development of an mRNA sector, the government will invest up to $25 million from 2022-23 in the 2021 mRNA Clinical Trials Enabling Infrastructure Grant Opportunity.</p>
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<a href="https://theconversation.com/omicron-might-evade-antibodies-but-that-doesnt-mean-you-dont-have-immunity-173488">Omicron might evade antibodies – but that doesn't mean you don't have immunity</a>
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<p>This will support medical research and innovation projects that leverage and enhance emerging technologies, platforms, equipment and infrastructure to conduct clinical trials of mRNA-based vaccines and therapeutics.</p>
<p>The vaccine announcement comes as the country takes further steps towards living with COVID, with the Queensland border opening on Monday, which saw people streaming into the state by road and air. </p>
<p>Also on Monday Western Australia premier Mark McGowan announced WA will open its border on February 5. </p>
<p>Both states, which have been relatively COVID-free, anticipate an influx of the disease once their borders are open. </p>
<p>Campaigning in Queensland is a priority for both Anthony Albanese and Morrison this week. </p>
<p>Meanwhile the federal government confirmed the opening of Australia’s international border to migrants and students will happen on Wednesday, after a fortnight’s delay while the nature and implications of the Omicron variant were studied.</p>
<p>Morrison said in a Monday night speech that Australia had “one of the lowest death rates in the world from COVID.</p>
<p>"Weighed against the OECD average performance, we’ve prevented the deaths of around 40,000 Australians,” he said.</p>
<p>Addressing the Sydney Institute, a conservative think tank, Morrison continued to hone his election pitch, appealing to voters to bank on experience.</p>
<p>“As 2021 recedes into the rear vision mirror, our government’s sights are set on the road ahead. We know it will take all the experience we have gained together through these past difficult years to secure Australia’s success,” he said.</p>
<p>“In the past 20 months, our operational tempo as a government has made us more experienced, more prepared and more resilient for the next set of challenges our nation faces,” Morrison said. </p>
<p>“And there will be many more in the years ahead.”</p>
<p>He admitted the government had not got everything right during the pandemic. “As a federal cabinet, we made the big calls, and by and large we got the balance right on those big calls.”</p>
<p>He also defended the national cabinet, which has often been fractious and much criticised. “The national cabinet is not perfect, but we have done better than almost any other federated system in the world.”</p>
<p>He said his message to “Team Australia is that we still have a job to do.</p>
<p>"Our goal should be to further develop and strengthen a spirit of partnership between government, the private sector and community sector as we face the challenges and opportunities of tomorrow.”</p>
<p>Morrison said the economy “is primed for growth. But securing our economic recovery in 2022 cannot be taken for granted.</p>
<p>"We must continue to get the fundamentals right – lower taxes, less regulation and sound public financial management.”</p>
<p>The next step in the government’s argument on its economic credentials will be when it presents the budget update on Thursday, which will show the bottom line much improved on what was anticipated when the budget was brought down.</p><img src="https://counter.theconversation.com/content/173674/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Michelle Grattan does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>A vaccine manufacturing facility will be built in Victoria to produce mRNA vaccines under an in-principle agreement between the federal government, the state government and global mRNA company ModernaMichelle Grattan, Professorial Fellow, University of CanberraLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1731412021-12-03T01:27:19Z2021-12-03T01:27:19ZVIDEO: Michelle Grattan on government scandal and Labor policy<p>University of Canberra Professorial Fellow Michelle Grattan and University of Canberra Vice-Chancellor Professor Paddy Nixon discuss the week in politics.</p>
<p>This week they discuss the new COVID variant that has arrived in Australia called Omicron. Because of this, the government as decided to delay opening the international border to skilled workers and international students for a fortnight. But Scott Morrison has stressed he wants Australia to keep moving to COVID normal and does not want any further lockdowns.</p>
<p>They also canvass the release of the highly anticipated Jenkins Report into the parliamentary workplace. The report exposed that one in three people have experienced some form of sexual harassment while working there. The release of the report didn’t stop politicians from acting badly though, with a Liberal Senator accused of barking at Independent Jacqui Lambi, and Greens Senator Lidia Thorpe making an offensive and sexist comment at Liberal Hollie Hughes. </p>
<p>The final sitting week for the year saw former Attorney-General Christian Porter and Health Minister Greg Hunt announcing they won’t contest the election. There were also new allegations against Education Minister Alan Tudge by his former staffer who accused the minster of acting violently towards her. Tudge has now stood aside pending an inquiry. </p>
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<p class="fine-print"><em><span>Michelle Grattan does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>Michelle Grattan discusses the political week that was with Vice-Chancellor Paddy Nixon.Michelle Grattan, Professorial Fellow, University of CanberraLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1730772021-12-02T11:43:38Z2021-12-02T11:43:38ZGrattan on Friday: Allegation against Alan Tudge hits Morrison government where it hurts<p>In a sensational end to a grotty final 2021 sitting week, former Liberal staffer Rachelle Miller’s claim a minister had acted violently towards her was carefully timed to underline Kate Jenkins’ scathing indictment of the parliamentary workplace.</p>
<p>Education Minister Alan Tudge was forced to stand aside after Miller – who returned to Parliament House to make her statement – accused him of kicking her out of bed when her phone rang at 4am.</p>
<p>She said it happened during a 2017 work trip, when she and Tudge were in a hotel in Kalgoorlie, where then-PM Malcolm Turnbull was also staying.</p>
<p>Miller was Tudge’s media adviser. The two had what Miller has described as a consensual affair, but now says was more complicated. “It was [an] emotionally and on one occasion, physically abusive relationship.”</p>
<p>It’s notable how different Scott Morrison’s reaction has been to this Miller allegation, compared with her earlier complaints about Tudge, made last year on the ABC’s Four Corners.</p>
<p>Morrison pushed those aside, dismissing them as history that had been dealt with. In this instance, he immediately referred the matter to an investigation, to be conducted by Vivienne Thom, former inspector-general of intelligence and security.</p>
<p>Admittedly Miller has now gone a step further in accusing Tudge – who flatly denies the claim – of violence.</p>
<p>But the political difference is the timing. Miller’s allegation follows all that has come out this year about bad behaviour in Parliament House, triggered by Brittany Higgins’ allegation she was raped in 2019, and now documented in the 452-page Jenkins report.</p>
<p>On issues relating to women, Morrison walks among landmines. Thursday’s Miller claim showed how dangerously and unexpectedly one can detonate.</p>
<p>It’s hard to know the extent to which Morrison’s so-called “women’s problem” will cost him votes at the election. But one seat where woman power might be significant is the <a href="https://www.afr.com/politics/federal/jillian-broadbent-and-the-battle-for-wentworth-20211201-p59ds2">Sydney marginal electorate of Wentworth</a>, where independent candidate Allegra Spender (the late Carla Zampatti’s daughter) is being backed by female corporate high-flyers including Christine Holgate, the former Australia Post boss. </p>
<p>Holgate accused Morrison of bullying with his extraordinary parliamentary attack on her over rewarding employees with Cartier watches. What goes around comes around. </p>
<p>The Sex Discrimination Commissioner’s description of a noxious political workplace was on show at every turn this week.</p>
<p>Immediately after Tuesday’s release of her report, opposition and government indulged in mutual sledging in question time.</p>
<p>In the Senate, Victorian Liberal David Van was accused of making dog noises when independent Jacqui Lambie was speaking. He apologised for interjecting but denied he’d made any animal sound.</p>
<p>On Wednesday Greens senator Lidia Thorpe made a particularly offensive remark to NSW Liberal Hollie Hughes, saying during an altercation, “at least I keep my legs shut”.</p>
<p>Hughes on Thursday said she took from this “that had I kept my legs shut, I wouldn’t have a child with autism”. Thorpe, who’d apologised, denied the suggestion she was referring to Hughes’ family.</p>
<p>Hughes told Sky: “Everyone – MPs, senators, staffers, everybody – needs to hold themselves to account. We’re adults. This is a professional working environment and people should behave that way.”</p>
<p>To which one might say, “If only.” And, more to the point, one might ask: “Well, why don’t they?”</p>
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<p>The Jenkins report has multiple recommendations, based on a forensic review of the culture of the parliamentary workplace.</p>
<p>Both government and opposition loudly lamented the situation she documented, but neither has committed to full implementation of what she has proposed.</p>
<p>Jenkins digs down to the many drivers and risk factors contributing to bullying and sexual harassment, which she identifies as including power imbalances, gender inequality, lack of accountability, bad leadership, confusion about standards, long hours, stress, alcohol, travel and a work-hard-play-hard mentality.</p>
<p>Miller’s account of the Kalgoorlie night appears to have involved a number of these.</p>
<p>But explanations are not excuses, and it’s hard to go beyond a very basic point.</p>
<p>While many parliamentarians – who are at the centre of the Parliament House “ecosystem” – behave well, too many simply don’t believe they need to follow the standards the community has the right to expect of them.</p>
<p>If they conducted themselves properly as well as setting high standards for their staff, Parliament House would be on its way to becoming a half-decent workplace.</p>
<p>One point that’s been made is that politicians, in taking on staff and running their offices, are their own small businesses, but they don’t have the skill set to run these businesses.</p>
<p>That task might be unfamiliar for them, but surely not that hard to get on top of. At least that might be the view of many small-business people around the country, who have to confront their own (albeit different and often more difficult) challenges.</p>
<p>And as for the bad conduct in the chambers, there is just no excuse. It shows massive disrespect to those who pay the parliamentarians’ salaries.</p>
<p>For Scott Morrison the past fortnight has been deeply frustrating, as well as politically risky.</p>
<p>Coalition rebels helped stymie the government’s legislate program, such as it was.</p>
<p>A House of Representatives vote on the Religious Discrimination Bill had to be put off to prevent a revolt by moderate Liberals. This bill will now face two inquiries over the summer.</p>
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Read more:
<a href="https://theconversation.com/view-from-the-hill-a-study-in-contrast-porter-and-hunt-to-leave-parliament-172969">View from The Hill: A study in contrast, Porter and Hunt to leave Parliament</a>
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<p>The government’s promise to introduce legislation for an integrity commission has been turned into a farce by the PM. On the back of the ICAC investigation of former NSW premier Gladys Berijiklian, Morrison has dug in behind the unrevised model, indicating he won’t bring in the legislation because Labor won’t agree to that model, which is widely criticised as flawed.</p>
<p>After everything that has happened this week, and what hasn’t been able to happen, you’d wonder why the government would want parliament to sit again before the election.</p>
<p>Sittings never work politically for this government, and unless it could get its two rebel senators and the two Hanson senators to lift their boycotts on government legislation – they are protesting against the refusal to override state vaccine mandates – and calm other rebels, legislation that was contested wouldn’t get through.</p>
<p>Queensland Liberal Gerard Rennick, asked on Thursday whether he would continue his boycott into next year, said it would depend on what the federal government did on the mandates between now and then. Hanson’s spokesman had a similar message.</p>
<p>The draft sitting calendar for 2022, issued this week, has parliament returning in February, and a March 29 budget. Morrison can always tear this up in favour of a March election but he’d obviously prefer a budget to set him up for a May poll.</p>
<p>But Health Minister Greg Hunt and former minister Christian Porter were taking no chances, this week both announcing they are not running again.</p>
<p>It might have been a momentous week – in a bad way – but the conversation will abruptly change on Friday, when Labor finally releases its much-awaited climate policy.</p>
<p>It’s stating the obvious to say this is a big day for the opposition, which has had an internal debate over whether to make the policy small target (only a little different from the government’s) or go for something bolder, to amp up the differentiation on the climate issue.</p>
<p>On Sunday Anthony Albanese will hold a rally, with a likely further policy announcement. </p>
<p>“We will make sure we are kicking with the wind in the fourth quarter,” Albanese likes to say. Between now and mid-December, when he is intending to go on holidays, the crowd will be watching how well the opposition leader connects boot and ball.</p><img src="https://counter.theconversation.com/content/173077/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Michelle Grattan does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>Education Minister Alan Tudge has been forced to stand aside as former staffer Rachelle Miller accuses him of acting violently towards her.Michelle Grattan, Professorial Fellow, University of CanberraLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1729692021-12-01T11:23:40Z2021-12-01T11:23:40ZView from The Hill: A study in contrast, Porter and Hunt to leave Parliament<p>One will depart from parliament a deeply disappointed man, dragged down by scandal, with hopes for a brilliant career dashed by an allegation surfacing from his youth.</p>
<p>The other will leave with a solid record of performance, despite some criticism and ambition for higher things unfulfilled.</p>
<p>Christian Porter, 51, on Wednesday announced he will not run again for his Western Australian seat of Pearce. It was a surprise to no one.
Health Minister Greg Hunt, 56, is also set to quit at next year’s poll, with his announcement due on Thursday.</p>
<p>Both had previously said they were recontesting their seats.</p>
<p>Porter – subject of a historical rape allegation (that he strongly denies) – had little practical alternative but to quit.</p>
<p>His political career was effectively over. His guilt or innocence could never be proven, because the woman is dead.</p>
<p>His statement on Wednesday contained a note of bitterness. “There are few, if any, constants left in modern politics.” he said. “Perhaps the only certainty now is that there appears no limit to what some will say or allege or do to gain an advantage over a perceived enemy.”</p>
<p>After a high-flying career in state politics, Porter entered federal parliament at the 2013 election, rising to the pinnacle of attorney-general, before the rape allegation began a fall that happened in slow motion.</p>
<p>First he was moved to another portfolio, while remaining in cabinet. Later he was forced to go to the backbench after refusing to disclose secret donors to his legal costs in his defamation action against the ABC.</p>
<p>In terms of his political fortunes, his decision to launch the defamation case was a massive misjudgement, all the stranger given his legal expertise. If he hadn’t done so, he’d likely still be in cabinet, because he would not have needed the money from the secret donors.</p>
<p>Porter was a competent attorney-general, much more qualified than his successor Michaelia Cash. He saw himself as a future prime minister, and many observers and colleagues regarded him as potentially competitive for the leadership.</p>
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<a href="https://theconversation.com/government-shuts-down-move-to-refer-christian-porters-secret-funds-to-privileges-inquiry-170300">Government shuts down move to refer Christian Porter's secret funds to privileges inquiry</a>
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<p>One wonders, if Porter had remained attorney-general, whether the government would have progressed further on an integrity commission. He prepared the original model, from which the prime minister now won’t budge. If Porter had still been in the job, he might have had the authority to persuade Morrison to accept some necessary changes. </p>
<p>Politically, Porter seemed to have it all, until he had nothing at all, and Liberal tacticians were weighing up whether he would be a liability in his electorate, which is on a 5.2% margin. The seat is a worry for the government but sources believe it will be easier with a fresh candidate.</p>
<p>In contrast Hunt, who might lack the lofty intellect of Porter, will have the legacy of his part (shared with others, including the states) in Australia’s strong health record in managing COVID, despite some negatives on the ledger.</p>
<p>Hunt has been indefatigable in a difficult pandemic world, where advice is necessarily always changing and the outlook often uncertain.</p>
<p>One of his tools of trade, in his public presentations, has been a command of numbers, which gush out in his press conferences and interviews. He’s the positive spinner. Mistakes are not admitted.</p>
<p>On the downside, however, were the missteps in vaccine ordering and the slow rollout that had the government on the back foot for months. Hunt’s health department came under increasing criticism and a military man was appointed roll-out surpremo.</p>
<p>Earlier, the nation had been shocked by the 2020 wave of deaths among aged care residents. Although multiple factors were involved, aged care is a federal responsibility, coming under the health department, and what happened showed the vulnerabilities and lack of preparedness in the sector.</p>
<p>The pandemic catapulted Hunt into the centre of federal government decision-making over the past two years. His prospects had looked very different when, in the leadership turmoil of 2018, he was trounced for the deputy Liberal leadership by his good friend Josh Frydenberg.</p>
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<a href="https://theconversation.com/grattan-on-friday-assertive-liberal-moderates-give-scott-morrison-curry-172617">Grattan on Friday: Assertive Liberal moderates give Scott Morrison curry</a>
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<p>That vote demonstrated he would rise no further in the Liberal hierarchy, and if it hadn’t been for COVID he’d have been in the ministerial background.</p>
<p>His decision to leave parliament has been rumoured for some time. His Victorian seat of Flinders is on 5.6% and the Liberals are not particularly worried about it. </p>
<p>Hunt came from a political family – his late father Alan was a Victorian government minister. Elected in 2001, Hunt became a parliamentary secretary in the Howard government.</p>
<p>In opposition, he was spokesman on climate change and environment, which involved some slick footwork when Malcolm Turnbull was replaced by Tony Abbott, given the two leaders’ totally different views on climate policy.</p>
<p>In government, as environment minister Hunt put into place the Coalition’s minimalist climate policy. After a brief time in the industry portfolio he was shifted to health in early 2017.</p>
<p>He’s been very attuned to the retail politics of the portfolio, often announcing drugs added to the pharmaceutical benefits list with a news conference, sometimes accompanied by a beneficiary.</p>
<p>In personal terms, Hunt is a volatile character, liable to blow up at people. His then departmental head, Martin Bowles, formally complained about him after one incident a few years ago. Bowles wasn’t the only senior bureaucrat to find him difficult to deal with.</p>
<p>Hunt, who in his youth had a plan for his life, will move on easily and seamlessly to the next stage, whatever it is. For Porter, who will return to the law, rebuilding will be a hard slog, and the thought of what might have been will never leave him.</p><img src="https://counter.theconversation.com/content/172969/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Michelle Grattan does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>In a shock to no one, former Attorney-General Christian Porter announces he will not run again for his seat of Pearce. Meanwhile Health Minister Greg Hunt is also set to quit at next year’s electionMichelle Grattan, Professorial Fellow, University of CanberraLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1676962021-09-10T03:06:21Z2021-09-10T03:06:21ZVIDEO: Michelle Grattan on the ‘roadmap to freedom’<p>Michelle Grattan discusses the week in politics with University of Canberra Associate Professor Caroline Fisher.</p>
<p>This week the pair discuss the National Summit on Women’s Safety, focusing on the prime minister’s opening address and the criticism it attracted. This criticism came at the same time that Scott Morrison attracted significant flack for travelling to Sydney from Canberra and back again over the weekend, to see his family on Father’s Day.</p>
<p>They also discuss the New South Wales roadmap to freedom, and revelations that Greg Hunt possibly could have secured more Pfizer in June of last year.</p>
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<p class="fine-print"><em><span>Michelle Grattan does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>University of Canberra Professorial Fellow Michelle Grattan and University of Canberra Associate Professor Caroline Fisher discuss the week in politics.Michelle Grattan, Professorial Fellow, University of CanberraLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1675572021-09-08T11:27:21Z2021-09-08T11:27:21ZHealth Minister Hunt failed to take up Pfizer’s June 2020 invitation to meet<p>Documents show Pfizer reached out in June 2020 for a meeting with federal Health Minister Greg Hunt, but he did not take up the invitation. </p>
<p>Labor obtained the documents under freedom of information and the opposition health spokesman Mark Butler said they showed the government “took a deliberate ‘wait and see’ approach to vaccine deals”, a claim Hunt rejected in a statement late Wednesday.</p>
<p>Inadequate supplies of Pfizer slowed the rollout, becoming an increasing problem after AstraZeneca was set back by health warnings for some age groups and resultant hesitancy among many people.</p>
<p>The government announced in November last year it had an agreement to obtain ten million Pfizer doses. More were subsequently purchased, but the supply timetable left persistent shortages.</p>
<p>The government scrambled to bring forward some of the Pfizer doses and recently Scott Morrison intervened with some vaccine diplomacy to get extra doses from Poland, Singapore and Britain. Efforts to get doses from the US failed.</p>
<p>The documents include a letter from the managing director of Pfizer Australia to Hunt dated June 30 2020 requesting “a meeting with you to open discussions regarding your planning for potential COVID-19 vaccination programs”.</p>
<p>“I would welcome an opportunity to discuss our candidate vaccine development in more detail, and open discussions on how we might work together to support planning for potential COVID-19 vaccinations in Australia and continue to build a strong partnership for the future.” </p>
<p>The letter said Pfizer would “be in touch to schedule a meeting. I look forward to meeting you and working with you into the future.”</p>
<p>It canvassed progress on developing a mRNA-based vaccine that, if approved, “could be deployed at unprecedented speed for the prevention of COVID-19 infection”.</p>
<p>The letter foreshadowed Pfizer had the potential to supply millions of vaccine doses by the end of 2020, subject to technical success and regulatory approvals and hundred of millions in 2021.</p>
<p>A covering email from a Pfizer representative noted a request for a formal engagement opportunity with members of the Vaccines Taskforce.</p>
<p>Senior members of Pfizer’s global leadership team would be available for this “particularly if the Minister and/or Departmental leadership can be involved,” it said.</p>
<p>“As the vaccine development landscape is moving swiftly, including through engagements with other nations, I am requesting this meeting occur at the earliest opportunity,” the email said.</p>
<p>On July 3 Lisa Schofield, first assistant secretary, health economics and research division, in the health department, wrote to say she was managing the whole of government work on COVID vaccine and would appreciate an opportunity to talk about Pfizer’s plans.</p>
<p>Pfizer wanted a confidentiality agreement for any detailed talks, which would include several senior global representatives. The alternative it put up was a more general exploratory session, with local Pfizer representatives, including the MD of Pfizer Australia.</p>
<p>Schofield said the confidentiality agreement was being considered, although it was not the government’s usual practice to sign such documents. She proposed the more general session adding “we can always line up subsequent ones as needed”.</p>
<p>On July 23 Pfizer drew Schofield’s attention to “recent news of Pfizer’s agreements with the UK and US on vaccine supply”.</p>
<p>Hunt said in a statement that “both Pfizer and the Health Department have consistently confirmed, including on the public record at Senate Estimates, that the Australian government entered into formal discussions on the purchase of vaccines, as soon as the company was in a position to do so, and were in discussions prior to this”.</p>
<p>“When formal discussions began, no country had a contract with Pfizer.”</p>
<p>Hunt said there had been regular discussions with the minister’s office and Pfizer, including a meeting on 26 June 2020, initiated by his office. This was referenced in an email in the documents, and was followed by the June 30 letter, he said. </p>
<p>“The Australian government moved immediately to formal negotiations with the first step being to agree and negotiate a Confidentiality Disclosure Agreement.”</p>
<p>Hunt said the reference to millions of doses was about global capacity, not to what was on offer to Australia.</p><img src="https://counter.theconversation.com/content/167557/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Michelle Grattan does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>Documents show Pfizer reached out in June 2020 for a personal meeting with federal Health Minister Greg Hunt, but instead the contact was left to a senior health department official.Michelle Grattan, Professorial Fellow, University of CanberraLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1672182021-09-02T12:02:35Z2021-09-02T12:02:35ZGrattan on Friday: The transition to living with ‘endemic’ COVID could be rough<p>In the Orwellian world of the pandemic, Victoria Premier Daniel Andrews’s raising of the white flag on “COVID zero” was greeted positively by the Morrison government and with relief by many among the public who are at the end of their tether.</p>
<p>We’ve now officially moved into a new stage. As federal Health Minister Greg Hunt said on Thursday, “the pandemic has become endemic”.</p>
<p>In accepting Victoria couldn’t get back near zero, Andrews was following NSW Premier Gladys Berejiklian, who lost control of the virus, with daily new cases in that state now running well above a thousand and rising.</p>
<p>Only weeks ago there were hopes of suppressing the outbreaks in both states. When it was becoming obvious NSW was failing, Berejiklian was criticised for not locking down early and hard enough. Andrews went hard immediately – and failed too.</p>
<p>“Living with COVID is a reality – it’s not an option,” Berejiklian said on Thursday, sending the blunt message to premiers still set on COVID-minimalism that they’d have to accept the Delta world.</p>
<p>As they will. But not for some time, if they can help it.</p>
<p>Watching Australia’s third wave escalate, the Labor states of Western Australia and Queensland are dug in, trenchantly and vociferously, behind their efforts to keep cases out. The brawling between them and the Morrison government took on an even sharper edge this week.</p>
<p>In contrast, Morrison praised the Liberal premiers of South Australia and Tasmania, who are also pursuing COVID zero, but keeping their heads down.</p>
<p>Australia’s federation is now more fractured than at any time during this crisis, in a toxic mix of policy differences and politics, exacerbated by the approaching federal election.</p>
<p>WA’s Mark McGowan must be concerned as to how he’ll eventually reintegrate his state into the rest of the country, which he accepts must happen at some point. With WA vaccination levels lagging, he’s not tying himself down but says he’ll set a date when “the time is right” (assuming he’s not mugged by a runaway outbreak). He wants to ensure vulnerable sections of the population are fully protected. The state’s isolation and insulation help him.</p>
<p>Economic imperatives for WA’s opening will strengthen, but McGowan can usually outplay the federal government on the politics.</p>
<p>Last year Scott Morrison had to make an embarrassing withdrawal from the Clive Palmer challenge (subsequently lost) to the WA border closure, after it became clear local public opinion was strongly on the state government’s side.</p>
<p>This week federal Attorney-General Michaelia Cash, who’s from WA, mused about how an action could be more successful in the changed circumstances of a vaccinated population (not that the federal government is planning to launch a case).</p>
<p>McGowan seized the baseball bat. “West Australians don’t want me to bring [the border] down now, to give in to this sort of crazy bullying by the federal government, and infect our population, lose jobs and shut down part of our economy, including the mining industry,” he said.</p>
<p>This highlights, incidentally, a point often overlooked in the heated political rows. Talk about “opening” WA and Queensland refers to opening borders. Internally, these states are “open” – unlike the shuttered NSW and Victoria.</p>
<p>McGowan is usually careful to avoid overreach. In contrast, Queensland Premier Annastacia Palaszczuk went over the top when she defended her closed border with an emotive claim about the danger to young children.</p>
<p>“You open up this state and you let the virus in here, and every child under 12 is vulnerable, every single child,” she told state parliament on Wednesday. These children were “vulnerable because they are the unvaccinated”.</p>
<p>The federal government, and other critics, retorted that while young children caught the virus, very few got a severe illness, and they’ve not so far been vaccinated in other countries (although vaccination is being trialled in the US).</p>
<p>In the border wars, it’s worth remembering the big border decisions – about reopening Australia to the world – rest with the federal government.</p>
<p>There are multiple fronts – not just Australians travelling abroad and returning home, but also the admission of foreign tourists, students, workers to fill serious skill shortages, and migrants. The relaxation won’t be done all at once; even so it will be challenging – for example, needing home quarantine arrangements as well as vaccination requirements.</p>
<p>The government’s COVID strategy is built around the national cabinet “plan”, underpinned by the Doherty Institute’s modelling, and buttressed with the catchword “hope” and the promise of a great Christmas.</p>
<p>But grim realities will accompany the transition.</p>
<p>NSW is likely to reach 3,000-4,000 daily new cases this month, while Victoria is expected to rise above 1,000 daily. In NSW, the state government is bracing for the month of October to be very bad, in hospitalisations and deaths.</p>
<p>More generally, the Australian Medical Association wrote to Morrison this week warning of a looming crisis in the public hospital system.</p>
<p>“As it stands, our hospital system is not ready to cope with an easing of restrictions, even with increased vaccination rates,” the letter from AMA president Omar Khorshid said. “To prepare we must develop a detailed understanding of our current hospital capacity and model the impact of ‘living with COVID-19’, with the associated caseload increase.”</p>
<p>The AMA suggested a vaccination rate of higher than 80% of the adult population was likely to be required, “given the existing constraints on hospital capacity and staffing”.</p>
<p>With Friday’s national cabinet receiving a report on the health system and its workforce, the government appears inclined to regard the AMA pitch as part of its periodic appeal for more hospital funding.</p>
<p>But from what we’ve seen in NSW, with some hospitals coming under acute pressure, and evidence the WA system is already inadequate, hospitals are clearly a potential weak point in our defences as COVID cases rise quickly after restrictions are eased in coming months.</p>
<p>We know the Morrison government is now totally focused on getting life back to some normality. It stresses this will be done “safely”.</p>
<p>In fact, it is less a matter of opening “safely” than minimising the risks inevitable in opening. That goes beyond the state of the health system to include issues such as sub-groups in the population who might not be adequately vaccinated when the general community levels of 70% and 80% are reached. Dealing with the risks will demand more nuance than “the plan” seems to provide.</p>
<p>The government is banking on the attention of people – who are now deeply frustrated if they live in NSW or Victoria – shifting decisively off the health issues once life is freer. That, however, will depend on effective management of an unpredictable transition.</p><img src="https://counter.theconversation.com/content/167218/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Michelle Grattan does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>Victoria Premier Daniel Andrews’s raising of the white flag on “COVID zero” was greeted positively by the Morrison government and with relief by many among the public who are at the end of their tether.Michelle Grattan, Professorial Fellow, University of CanberraLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1657442021-08-09T05:34:27Z2021-08-09T05:34:27ZThe federal government just made it even harder for Australians overseas to come home. Is this legal? Or reasonable?<figure><img src="https://images.theconversation.com/files/415095/original/file-20210808-19-yip913.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">
</span> <span class="attribution"><span class="source">Mick Tsikas/AAP</span></span></figcaption></figure><p>The COVID-19 pandemic has meant huge restrictions on Australians’ ability to travel both within Australia and overseas. But until now, Australian citizens ordinarily resident in other countries have been able to return to Australia and then leave without requiring additional permission. </p>
<p>However, last week, the federal government quietly <a href="https://www.theguardian.com/australia-news/2021/aug/06/australians-who-live-overseas-now-unable-to-leave-country-if-they-return-for-visit">removed that exemption</a>. This is designed to deter Australians from coming home in the first place, thereby reducing demand on quarantine places. It will come into effect on Wednesday August 11. </p>
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<a href="https://theconversation.com/theres-a-ban-on-leaving-australia-under-covid-19-who-can-get-an-exemption-to-go-overseas-and-how-145089">There's a ban on leaving Australia under COVID-19. Who can get an exemption to go overseas? And how?</a>
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<p>It follows <a href="https://www.news.com.au/finance/work/at-work/wa-premier-unleashes-frustration-with-fifo-workers-during-covid19-pandemic/news-story/528f8886a32c57990a956b101e770c9a">lobbying from state premiers</a> (who have to quarantine people) to limit the movement of fly-in fly-out workers.</p>
<p>This means Australians who live abroad and return to Australia (even if it is to see family) will not automatically be able to leave again unless they meet narrow grounds <a href="https://covid19.homeaffairs.gov.au/leaving-australia">for an exemption</a>. They will need to prove they have an “established and settled” home overseas, <a href="https://covid19.homeaffairs.gov.au/leaving-australia#toc-9">via documents</a> like a residency permit, tenancy agreement, letter from an employer or utility bills. This is not necessarily straightforward, particularly as lives, jobs and visas continued to be disrupted by the pandemic. </p>
<p>Is this latest move legal? Are there any grounds to challenge this?</p>
<h2>The Biosecurity Act</h2>
<p>The government’s power to ban people from leaving Australia comes from the <a href="http://classic.austlii.edu.au/au/legis/cth/consol_act/ba2015156/s477.html">Biosecurity Act</a>. In an emergency, section 477(1) gives the health minister sweeping powers to prevent and control the entry of diseases into Australia.</p>
<p>Since COVID began, Health Minister Greg Hunt has issued determinations to stop Australian citizens and residents from <a href="https://www.legislation.gov.au/Details/F2020L00306">leaving without permission</a>, to ban them from <a href="https://www.legislation.gov.au/Details/F2021L00456/Explanatory%20Statement/Text">travelling on</a> from the New Zealand “travel bubble” to another country, and to ban people from <a href="https://www.legislation.gov.au/Details/F2021L00533">returning to Australia from India</a> during the second wave. If people breach these rules, they can be subject to <a href="http://classic.austlii.edu.au/au/legis/cth/consol_act/ba2015156/s479.html">penalties</a> of up to five years’ imprisonment, a fine of up to $66,000, or both. </p>
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<img alt="Health minister Greg Hunt." src="https://images.theconversation.com/files/415096/original/file-20210808-25-1sym591.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/415096/original/file-20210808-25-1sym591.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=400&fit=crop&dpr=1 600w, https://images.theconversation.com/files/415096/original/file-20210808-25-1sym591.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=400&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/415096/original/file-20210808-25-1sym591.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=400&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/415096/original/file-20210808-25-1sym591.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=503&fit=crop&dpr=1 754w, https://images.theconversation.com/files/415096/original/file-20210808-25-1sym591.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=503&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/415096/original/file-20210808-25-1sym591.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=503&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px">
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<span class="caption">As health minister, Greg Hunt has sweeping powers under the Biosecurity Act.</span>
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<p>By contrast to other legislative instruments, these determinations by the health minister cannot be “<a href="https://www.aph.gov.au/About_Parliament/Senate/Powers_practice_n_procedures/Brief_Guides_to_Senate_Procedure/No_19">disallowed</a>” (or overturned) by federal parliament. </p>
<p>This means parliament can’t block the health minister’s decision to stop Australians who live abroad from leaving without permission.</p>
<h2>What about constitutional rights?</h2>
<p>Australia is one of the only liberal democracies in the world without a bill of rights. </p>
<p>In countries such as <a href="https://www.gesetze-bayern.de/Content/Document/Y-300-Z-BECKRS-B-2020-N-35808?hl=true">Germany</a>, <a href="https://verfassungsblog.de/slovenia-second-wave-of-challenges-to-constitutionalism/">Slovenia</a>, and <a href="https://www.smh.com.au/world/europe/spanish-court-rules-covid-19-home-confinement-was-unconstitutional-20210715-p589ug.html">Spain</a>, citizens and residents have been able to challenge COVID restrictions in courts by arguing <a href="https://verfassungsblog.de/verhaeltnismaessigkeit-mit-der-holzhammermethode/">they breach their constitutional rights</a>. Courts then consider whether a restriction is a <a href="https://theconversation.com/covid-19-risk-and-rights-the-wicked-balancing-act-for-governments-146014">proportionate</a> way of controlling the virus.</p>
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Read more:
<a href="https://theconversation.com/why-the-latest-travel-caps-look-like-an-arbitrary-restriction-on-australians-right-to-come-home-161882">Why the latest travel caps look like an arbitrary restriction on Australians’ right to come home</a>
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<p>There is a strong argument the new restriction for Australians is disproportionate. This is because its objective — managing the entry of COVID by deterring demand for quarantine places — is already achieved via caps on the number of people who can enter Australia. There are also other means of managing risk that would place a lesser burden on rights to leave and return to Australia, such as <a href="https://www.theguardian.com/commentisfree/2021/aug/02/australia-needs-a-covid-plan-b-that-gives-more-freedom-to-the-vaccinated">tailoring restrictions</a> to vaccination status.</p>
<p>Reducing demand for already regulated spaces, as the new restriction does, is really about reducing political pressure on government to expand quarantine systems.</p>
<h2>What does the India experience tell us?</h2>
<p>Because Australia doesn’t have a bill of rights, citizens can’t challenge the proportionality of Hunt’s determinations. </p>
<p>This was clear in the <a href="https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2021/2021fca0517">challenge to the ban</a> on citizens returning from India, where the Biosecurity Act was described by counsel for the Commonwealth as a “<a href="https://lsj.com.au/articles/australian-citizenship-lessons-from-the-india-travel-ban/">legislative bulldozer</a>” — knocking over any other statutory protections or common law rights that people might have. The ban was found to be legal.</p>
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Read more:
<a href="https://theconversation.com/the-crisis-in-india-is-a-terrifying-example-of-why-we-need-a-better-way-to-get-australians-home-159917">The crisis in India is a terrifying example of why we need a better way to get Australians home</a>
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<p>The minister does need to consider whether there are <a href="http://classic.austlii.edu.au/au/legis/cth/consol_act/ba2015156/s477.html">less intrusive</a> ways of controlling the entry of COVID when making a determination. But the challenge to the India ban shows courts will allow a great deal of discretion to the health minister in making that call. As long as there is a basis for the minister to make that call — such as health advice — courts will not look too deeply into the premises underlying that advice or its proportionality.</p>
<h2>Commonwealth power</h2>
<p>One argument against stopping Australians who ordinarily live abroad from leaving is the Commonwealth must have a power explicitly listed in the Constitution to make a law about this.</p>
<p>The federal government is likely relying on the Constitution’s <a href="https://www.aph.gov.au/About_Parliament/Senate/Powers_practice_n_procedures/Constitution/chapter1/Part_V_-_Powers_of_the_Parliament">quarantine power</a> to stop Australians from leaving. The <a href="https://www.legislation.gov.au/Details/F2021L01068/Explanatory%20Statement/Text">explanatory statement</a> tabled in parliament last Thursday makes clear the Commonwealth is removing the exemption on people who ordinarily live abroad to reduce demand on quarantine places. </p>
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<img alt="Passengers at Sydney airport line up to check package." src="https://images.theconversation.com/files/415129/original/file-20210809-13-1p8cw1o.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/415129/original/file-20210809-13-1p8cw1o.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=400&fit=crop&dpr=1 600w, https://images.theconversation.com/files/415129/original/file-20210809-13-1p8cw1o.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=400&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/415129/original/file-20210809-13-1p8cw1o.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=400&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/415129/original/file-20210809-13-1p8cw1o.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=503&fit=crop&dpr=1 754w, https://images.theconversation.com/files/415129/original/file-20210809-13-1p8cw1o.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=503&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/415129/original/file-20210809-13-1p8cw1o.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=503&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px">
<figcaption>
<span class="caption">Australians will find it even harder to travel overseas from August 11.</span>
<span class="attribution"><span class="source">Dan Himbrechts/AAP</span></span>
</figcaption>
</figure>
<p>There is <a href="https://www.theguardian.com/australia-news/2021/aug/06/australians-who-live-overseas-now-unable-to-leave-country-if-they-return-for-visit">an argument</a> stopping people from leaving doesn’t have enough of a connection to the Commonwealth’s power over quarantine. Given the <a href="https://eresources.hcourt.gov.au/showCase/2021/HCA/5">broad approach</a> courts have taken to emergency powers during the pandemic, a court may nonetheless find restrictions on people leaving is incidental to managing quarantine.</p>
<h2>International human rights law</h2>
<p>What about Australian citizens’ rights under international law?</p>
<p>Under international law, everyone must be free to leave any country, including their own. In exceptional and very limited circumstances, this right may be restricted – for instance, if it is necessary to protect public health. However, the restrictions must be clearly set out in domestic law, consistent with other human rights (including the right to family life), and “<a href="https://www.refworld.org/pdfid/45139c394.pdf">the least intrusive</a>” way of achieving the desired aim. </p>
<p>The United Nations Human Rights Committee has been <a href="https://www.refworld.org/pdfid/45139c394.pdf">very plain</a>.</p>
<blockquote>
<p>The application of restrictions in any individual case must be based on clear legal grounds and meet the test of necessity and the requirements of proportionality.</p>
</blockquote>
<p>In other words, a “one size fits all approach” will not cut it.</p>
<p>The current restrictions do not take into consideration vaccination status, nor the fact a cohort of Australian citizens have their permanent home abroad. </p>
<p>Particularly when considered in conjunction with the <a href="https://theconversation.com/why-the-latest-travel-caps-look-like-an-arbitrary-restriction-on-australians-right-to-come-home-161882">barriers</a> the government has already put in place that limit these Australians’ right to return home, this additional exit requirement truly seems like overreach.</p><img src="https://counter.theconversation.com/content/165744/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Liz Hicks receives funding from an Australian Commonwealth Government Research Training Program stipend. She is also a member of the Australian Greens Victoria, although her views do not reflect party policy.</span></em></p><p class="fine-print"><em><span>Jane McAdam receives funding from the Australian Research Council. </span></em></p><p class="fine-print"><em><span>Regina Jefferies is affiliated with the Kaldor Centre for International Refugee Law. </span></em></p>Australians who normally live overseas will face an even tougher time coming back to Australia, under new rules that start this week.Liz Hicks, PhD / Dr. iur. candidate, The University of MelbourneJane McAdam, Scientia Professor and Director of the Kaldor Centre for International Refugee Law, UNSW SydneyRegina Jefferies, Affiliate, Andrew and Renata Kaldor Centre for International Refugee Law, UNSW SydneyLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1619922021-06-03T13:09:03Z2021-06-03T13:09:03ZGrattan on Friday: Bringing Scott Morrison to heel<p>Scott Morrison operates on former Labor powerbroker Graham Richardson’s well-tried “whatever it takes” principle.</p>
<p>“What it takes” in the COVID era is never-ending public money and policy flexibility. We’ve seen both from the Morrison government.</p>
<p>It also takes highly competent implementation, of which we are not seeing enough at the moment.</p>
<p>This week Morrison tried to hold out on giving assistance to Victorians, hoping the state’s latest lockdown would last only seven days. He didn’t want to provide what he regards as encouragement for shuttering.</p>
<p>But with the extension of the closure in Melbourne, the prime minister had to capitulate. He went out of his way, however, to insert as much federal control as he could, with a “temporary COVID disaster payment” that will go to affected workers in a “hotspot” identified by the Chief Medical Officer under the Commonwealth definition.</p>
<p>This will apply in any state when lockdowns last beyond a single week. While there’s no dispute between the CMO and the Victorian government that Melbourne is at present a “hotspot”, if a federal-state difference arose in future, the federal rule would apply.</p>
<p>Morrison might be furious at Victoria’s caution in managing COVID, very different from NSW’s less restrictive but effective approach. But, as the PM has been reminded so often during this crisis, the premiers (or in Victoria’s case the acting premier) have the say. And it’s no good bitching about them, because the “quiet Australians” don’t like such fighting.</p>
<p>Meanwhile the government is dipping into the till to finalise a deal on a stand-alone quarantine facility near Melbourne. This is just weeks after senior cabinet minister Peter Dutton dismissed Victoria’s plan as “political smoke and mirrors”.</p>
<p>It will be some days before it’s clear whether Victoria is on top of the present outbreak (which originated in South Australia). A frightening development came when it started to touch nursing homes – so far, thankfully, exposure has been extremely limited.</p>
<p>But politically, the Morrison government this week has had maximum and very negative exposure on aged care, which is its responsibility.</p>
<p>Not only was parliament sitting but the Health Department had two days before a Senate estimates committee, occasions that leave most news conferences for dead when it comes to applying heat to feet.</p>
<p>Aged Care Services Minister Richard Colbeck received yet another doing over, as did Health Department Secretary Brendan Murphy. Colbeck couldn’t say how many aged care workers have been vaccinated. Murphy was quizzed (among much else) on Morrison using him as a shield for the PM’s unfortunate “it’s not a race” line.</p>
<p>In question time in the House, Health Minister Greg Hunt had to admit to getting a key number wrong.</p>
<p>The various interrogations added to the existing picture of a rollout that’s been, and continues to be, shambolic.</p>
<p>It was always going to be difficult. But among the many issues, there is no excuse for the aged care tardiness and other failures (and it’s worse in the disability sector). And why chemists haven’t been accelerated into the general rollout remains a mystery. Anyone who has a flu shot knows it’s quicker and easier to get it at a pharmacy than go to a doctor.</p>
<p>Although Morrison is very aware that in the pandemic it is never a good time to leave the country, he regards the G7 meeting, to which Australia has been invited, as a top priority, not least because it will enable his first face-to-face meeting with Joe Biden since he became president.</p>
<p>With fingers crossed, Morrison departs for Britain next week, travelling via Singapore and leaving Michael McCormack as acting PM, which carries the risk of a foot-in-mouth outbreak. The PM will miss part of the next parliamentary fortnight and be on remote (in quarantine) for the rest of it.</p>
<p>The government will endure a lot of political pain over the rollout for months to come. But by early next year the job surely will be more or less done, though a portion of the population will remain, for one reason or another, unvaccinated. Will what’s happening – or not happening – now be affecting Morrison’s fortunes then?</p>
<p>Assuming the virus does not in coming months erupt into a big new wave – and those cautious premiers are the best protection against that – Morrison may have shed much of today’s rollout baggage by then.</p>
<p>He told his party room again this week the election would be next year. We know from 2019 it’s unwise to predict results. But the underlying conditions at the moment set Morrison up well.</p>
<p>No state or territory leader has lost an election since the pandemic started. Apart from governments’ success in containing COVID, people are wary of change in these uncertain times.</p>
<p>This week’s national accounts reaffirmed the economy is recovering strongly (1.8% growth in the March quarter, 1.1% annual).</p>
<p>And, although its COVID attack is sharp and to the point, the opposition is weak at a more fundamental level. Anthony Albanese is still struggling to make his mark, and Labor has serious policy dilemmas, including on climate and energy and its stance on the 2024-25 legislated tax cuts.</p>
<p>For many voters, the opposition’s “story” is not, at least at this point, a compelling read. Nor is it obvious how it can make it so.</p>
<p>Despite the pressure he and his government are under on the rollout, Morrison has a united team behind him (with one notable qualification – he’s constrained on climate and energy policy, these days mostly by vocal Nationals outriders).</p>
<p>Given the extent of Morrison’s authority, the spectacle of him and senior ministers being cut down to size by Speaker Tony Smith in this parliamentary fortnight was all the more arresting.</p>
<p>Smith has been an impressive, fair-minded speaker, but the House’s question time has remained unruly, and ministers have babbled on rather than addressing the questions asked by the opposition.</p>
<p>Smith suddenly decided to up the ante, cracking down on the chaotic behaviour from both sides, and forcing discipline on ministers. The latter came as an unpleasant shock to Morrison, Hunt, Treasurer Josh Frydenberg and other frontbenchers.</p>
<p>Morrison was humiliated last week in an exchange after Smith insisted he be relevant to the question. “I’m happy to do that, Mr Speaker,” Morrison said, to which Smith snapped back, “I don’t care whether you’re happy or not.” </p>
<p>“Okay,” said a startled PM.</p>
<p>For an instant, Morrison found he wasn’t the most powerful person in the room. It was a character-building moment.</p>
<p>Smith told the House on Thursday: “Obviously in the course of the last week I’ve enforced the standing orders vigorously. I intend to keep doing that.” </p>
<p>The reason, he said, was “to get an improvement in parliamentary standards”.</p>
<p>Some old hands on the Liberal backbench have been stunned at the length to which Smith has been willing to go. They recalled the fate of the late Bob Halverson, who became speaker after the election of John Howard in 1996, only to be pushed out of the position two years later because the government thought he was too impartial.</p>
<p>Smith is not at any immediate risk of such a fate. But what about after the election if the government is returned?</p>
<p>Smith’s commendable courage suggests he thinks one of two things. He judges his position is secure as long as he wants it and the Coalition is in government. Or he believes the cause is important enough to say to hell with the consequences.</p><img src="https://counter.theconversation.com/content/161992/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Michelle Grattan does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>Scott Morrison operates on well-tried “whatever it takes” principle - “what it takes” in the COVID era is never-ending public money and policy flexibility, writes Michelle GrattanMichelle Grattan, Professorial Fellow, University of CanberraLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1619352021-06-01T13:25:02Z2021-06-01T13:25:02ZView from The Hill: New ‘expert’ advice is in – don’t say ‘it’s not a race’<p>The expert advice changes, not infrequently, during this pandemic. And that applies even when that “advice” comes in the form of a one-liner.</p>
<p>As criticism mounted over the slowness of the vaccine rollout, Scott Morrison and his ministers have been increasingly dogged by the PM’s claim, especially early on, that the vaccination rollout was “not a race”.</p>
<p>Despite it being very obvious it was indeed a race to get the job done, once the line was in the script, ministers parroted it or struggled with it.</p>
<p>And it has become a media favourite for “gotcha” questions, as we saw at the weekend.</p>
<p>On Sunday Deputy Prime Minister Michael McCormack said on Sky, “It’s not a race – it has to be systematic, it has to be rolled out in a way that Australians obviously need to know that they have to get the jab, but we can’t have everyone getting it at the same time.” </p>
<p>Trade Minister Dan Tehan, over on the ABC, ranged widely to explain the nature of “races”.</p>
<p>“The Melbourne Cup’s a race, the Stawell Gift’s a race. When it comes to vaccines, what we’re trying to do is make sure we get as many people vaccinated as quickly as we possibly can.”</p>
<p>In question time on Tuesday, Labor asked whether Morrison still said vaccinating all Australians, including aged care residents and workers, is “not a race”.</p>
<p>Morrison reached immediately for a human shield – an expert.</p>
<p>It was Brendan Murphy, the secretary of the health department, who first made the statement, the Prime Minister said. And his words – which he stood by – were based on Murphy’s “expert advice”.</p>
<p>Murphy, formerly chief medical officer, has become a well-known face during COVID-19 from all those news conference appearances with Morrison and Health Minister Greg Hunt.</p>
<p>Morrison said he “affirmed” Murphy’s remarks – “because all the way through this pandemic our government, the governments around the country […] have always been mindful of the expert advice informing the decisions we have taken”.</p>
<p>For good measure he tabled Murphy’s words.</p>
<p>By happenstance, Murphy was appearing before a Senate estimates hearing on Tuesday afternoon, so he was quickly interrogated by Labor about whether the PM had thrown him “under the bus”.</p>
<p>Murphy indicated his own language has now changed. (Not that it was his place to advise Morrison on language, he stressed; the PM “has his own advice on language”.) </p>
<p>“I think I did say it way back in January at a press conference, when there was this discussion about racing through the TGA [Therapeutic Goods Administration] approval process, and I think I did say it’s not a race at that time,” he said.</p>
<p>“It is a term that I did use, way back then.”</p>
<p>But “we’ve moved on”. </p>
<p>“It’s not a very helpful phrase now because we’re going, we’re in action, we’re fired up and we’re doing it as quickly as possible.”</p>
<p>The critics dispute strongly the extent of the firing up. And key details continue to be lacking, as was evident, to the government’s embarrassment, on Tuesday.</p>
<p>The Minister for Aged Care Services, Richard Colbeck could not say how many of the aged care workforce have been vaccinated.</p>
<p>Because these workers are getting their jabs in various places – including their work sites, GPs, hubs – total figures are not available. Another complication is they don’t have to inform their employer whether they have been vaccinated.</p>
<p>Belatedly, the government is making arrangements for more extensive data to be quickly collected.</p>
<p>“We’re asking the aged care providers who hold the data to report that information back to us,” Colbeck said. “We’ve asked them to report that alongside their flu vaccination data.”</p>
<p>On the latest figures, produced in Senate estimates after confusion, 39,874 doses have been administered to aged care workers nationally – 10,608 in Victoria. Some 32,833 people have been fully vaccinated, 8,027 of them in Victoria.</p>
<p>The aged care workforce is about 366,000 nationally. Of these 235,764 work in residential aged care, and the rest in home care.</p>
<p>Whatever the number actually vaccinated, Colbeck said he was “comfortable” with the pace of the rollout.</p>
<p>Hunt, who every day bombards the media with numbers, had to admit he had been wrong in his figures about the aged care facilities covered in the vaccination program.</p>
<p>He said on Monday that Australia-wide, six were still to get initial doses, On Tuesday he said he’d misread the advice and it was 20. “Nobody else’s fault but mine,” he said, offering a rare apology.</p>
<p>Tuesday night came an update saying only 14 facilities remained. All but one are scheduled to be done by June 8. None is in Victoria.</p>
<p>There were sighs of relief from federal and Victorian governments that the latest three COVID cases in Victoria had not involved aged care workers or residents.</p>
<p>The state government has announced a drive to get workers in aged care and disability vaccinated over the next few days, with special lanes at hubs so they avoid the queues.</p>
<p>“This is very much a call to arms for those workers on the frontline to come out,” the state Minister for Disability, Ageing and Carers, Luke Donnellan, said.</p>
<p>Very obviously a race.</p><img src="https://counter.theconversation.com/content/161935/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Michelle Grattan does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>The expert medical advice changes, not infrequently, during this pandemic. And that applies even when that “advice” comes in the form of a one-liner, writes Michelle GrattanMichelle Grattan, Professorial Fellow, University of CanberraLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1618542021-05-31T13:18:48Z2021-05-31T13:18:48ZGovernment asks health experts for advice on mandatory vaccination for aged care workers<p>National cabinet on Friday is expected to consider whether COVID vaccinations should be made mandatory for workers in aged care.</p>
<p>Health Minister Greg Hunt on Monday said Scott Morrison and he had asked the Australian Health Protection Principal Committee (AHPPC) to reconsider the matter.</p>
<p>The AHPPC looked at the question early in the year and did not advise compulsion for medical reasons.</p>
<p>While there would be considerable support in principle, compulsion could raise more complex issues in practice, such as creating staff shortages if some workers refused to take the jab.</p>
<p>The review comes as the Victorian COVID outbreak has affected two nursing homes in Melbourne and once again exposed weaknesses in the Commonwealth-controlled sector.</p>
<p>Two aged care workers from Arcare in Maidstone have tested positive, as well as the son of one of them. One worker had received a first vaccine, while the other was not vaccinated.</p>
<p>One of the carers was also working at BlueCross Western Gardens in Sunshine.</p>
<p>One Arcare resident has been infected – a 99-year-old woman who has been moved out of the facility. The woman had received one vaccination shot.</p>
<p>All facilities in Victoria have now received their vaccinations, but most residents only have had the first dose.</p>
<p>The arrangements for aged care workers are haphazard. If they were present when the nursing home was being done, and there were vaccines left over, they could get their jabs. Otherwise they have needed to access them from their doctor or the vaccination centres.</p>
<p>The federal government is also under criticism for failing to ban carers from working in more than one facility.</p>
<p>It has now reactivated its program to subsidise workers to keep them to one facility, but this is not compulsory. </p>
<p>The subsidy program is turned on and off according to when there are COVID cases in the community. Providers in hotspots become eligible for the subsidy. It has been activated four times in Victoria, most recently last Thursday.</p>
<p>Hunt said that in the greater Melbourne region only about 4.7% of staff had worked across different sites.</p>
<p>Victoria’s Chief Health Officer Brett Sutton said it was a risk to have carers working across sites.</p>
<p>The state government confines workers to single sites in the very small number of nursing homes it controls.</p>
<p>Acting Premier James Merlino told reporters that working across sites “is not happening in the public system, and as for [Commonwealth-controlled] private aged care, you should raise those questions with the federal government”.</p>
<p>Sutton said of the fight against the Victorian outbreak generally, “we are neck and neck with this virus and it is an absolute beast”. Merlino warned things could get worse before they got better.</p>
<p>There are now more than 50 active cases in Victoria.</p><img src="https://counter.theconversation.com/content/161854/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Michelle Grattan does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>National cabinet on Friday is expected to consider whether COVID vaccinations should be made mandatory for workers in aged care.Michelle Grattan, Professorial Fellow, University of CanberraLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1604722021-05-06T11:38:39Z2021-05-06T11:38:39ZGrattan on Friday: Unblocking the passage from India<figure><img src="https://images.theconversation.com/files/399211/original/file-20210506-17-6vnuey.jpg?ixlib=rb-1.1.0&rect=0%2C0%2C4500%2C3375&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">
</span> <span class="attribution"><a class="source" href="https://image.shutterstock.com/image-illustration/australia-india-high-resolution-sign-260nw-213174718.jpg">Shutterstock</a></span></figcaption></figure><p>It became clear this week repatriation flights for Australians stranded in India would have to resume ASAP after May 15, whatever the COVID situation in that country.</p>
<p>By going too far in its effort to stop individuals using a third-country “loophole” to get home, the Australian government made it impossible to keep shut the direct flight pipeline.</p>
<p>Cabinet’s national security committee on Thursday approved the resumption as the government finalised arrangements with the Northern Territory, site of the Howard Springs quarantine facility where the arrivals will go.</p>
<p>Meanwhile Chief Medical Officer <a href="https://theconversation.com/official-medical-advice-warned-of-health-risks-australians-stranded-in-india-face-160215">Paul Kelly was drawing up fresh advice</a>.</p>
<p>The government will give its reasons as to why arrivals from India have become more manageable (although the number will be modest). Notably, it will say the “pause” has provided time to reduce COVID overload in quarantine. By May 14 positive cases at Howard Springs are expected to number between 0 and 5, down from 55 on April 26.</p>
<p>A key reason, however, that won’t be included is that Scott Morrison needs to escape the branding of his government as a moral pariah.</p>
<p>The attack the prime minister has come under is justified, but its strength and breadth are still surprising.</p>
<p>The government would have anticipated criticism from the political left, human rights groups and the like. However, it’s those on the right of the spectrum who have been among the most ferocious, including commentators such as News Corp’s Andrew Bolt and Chris Kenny.</p>
<p>Morrison judged the “quiet Australians” were behind his action. Indeed, one Liberal MP says “80% of the public think the prime minister is a star”. After all, those premiers who closed their borders were heroes to their voters.</p>
<p>But objectively, circumstances are very different when we’re talking about the national border and excluded citizens who are in what amounts to a health war zone.</p>
<p>Even assuming the “quiet Australians” were with Morrison, he could not ignore the near-universal condemnation from a usually divided political class, and he would be disturbed by the sharp reaction from many in the local Australian-Indian community. Most voters will have long forgotten this issue by election time, but those Australians of Indian heritage – to whom Morrison has made a pitch via Facebook – will have longer memories.</p>
<p>It has been impossible to get details from the government about the Australians in India, beyond the basic numbers.</p>
<p>We do know from Australian High Commissioner Barry O'Farrell that the “vulnerable” among the 9,000 registered Australian citizens and permanent residents have increased from 650, the figure given last week, to 900.</p>
<p>We don’t know who the “vulnerable” are and the nature of their vulnerabilities. How many are ill or frail, how many are in financial strife, or homeless? O'Farrell has said they haven’t been asked if they have COVID-19. The Foreign Affairs Department is not answering questions about them.</p>
<p>After last week’s cancellation of all flights from India until May 15, the real trouble for the government came when it went a step further – by invoking the Biosecurity Act and pointing to the act’s penalties to prevent people coming via a third country.</p>
<p>The formal announcement was in a statement issued by Health Minister Greg Hunt, which hit inboxes in the early hours of Saturday morning.</p>
<p>In subsequent days, Morrison tried to row back on the question of penalties. He indicated no one would be sent to prison, and declared it was the media, rather than he or Hunt, that had highlighted jail. The fact the penalty was spelled out in Hunt’s media release was “simply a statement of what the Biosecurity Act does”, Morrison said.</p>
<p>But the government could have left the penalties out of the statement – and made it clear, to those who asked, that it was not on a punitive mission.</p>
<p>For a government so obsessive about controlling its messaging, it is very poor at injecting some subtlety into it.</p>
<p>Indeed, it let its ban appear even worse than it is.</p>
<p>That late-night statement said no one could arrive in Australia who had been in India in the preceding 14 days – meaning there is actually still an indirect long, slow way home (which would land someone here after May 15 if they had left India as soon as the ban came into effect).</p>
<p>Thus former Test cricketer Michael Slater – who has lambasted Morrison on Twitter – is in the Maldives serving out this period. Most of the Australian cricketers have followed him, after their tour was suspended.</p>
<p><div data-react-class="Tweet" data-react-props="{"tweetId":"1389147322425110541"}"></div></p>
<p>On the other hand, most people caught in India don’t have the resources of elite cricketers and their accompanying entourage, and so the option of 14 days in another country is a theoretical one only.</p>
<p>One interesting issue in the use of section 477 of the Biosecurity Act is how the political and the medical elements interacted.</p>
<p>As Kelly noted in his advice to the government, this would be “the first time that such a determination has been used to prevent Australian citizens and permanent residents entering Australia”.</p>
<p>Kelly told the ABC “we were requested to provide advice” on the use of the act, indicating the initiative came from the government.</p>
<p>“There is a particular section under the act which requires that the minister, before he makes a decision, is provided with advice in relation to several matters,” Kelly said.</p>
<p>These include that a ministerial decision must be proportionate, no more restrictive than required, and in place only as long as needed.</p>
<p>Kelly gave the necessary ticks.</p>
<p>But in his written advice Kelly went out of his way to spell out bluntly what could be the bad outcomes of the decision, while arguing they could be mitigated. He covered his back.</p>
<p>“I wish to note the potential consequences for Australian citizens and permanent residents as a result of this pause on flights and entry into Australia,” he wrote.</p>
<p>“These include the risk of serious illness without access to health care, the potential for Australians to be stranded in a transit country and, in a worst-case scenario, deaths.”</p>
<p>Kelly is due to appear before the Senate’s COVID committee late Friday; he can expect to be pushed on the circumstances surrounding his advice.</p>
<p>Apart from the political pressure, one reason the government is anxious to have a plan in place for some, albeit limited, repatriation from India is that the legal challenge against the government’s action is in court early next week.</p>
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Read more:
<a href="https://theconversation.com/is-australias-india-travel-ban-legal-a-citizenship-law-expert-explains-160178">Is Australia's India travel ban legal? A citizenship law expert explains</a>
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<p>Regardless of the legal action’s prospects, by outlining its intentions the government will defuse the case’s impact.</p>
<p>And given the agitation among crossbenchers and even some in his own ranks, Morrison also wants to cool this issue, which has flamed out of control, before the start of budget week.</p>
<h2>FRIDAY UPDATE: FIRST FLIGHT ON MAY 15</h2>
<p>The first post ban flight bringing Australians from India to Howard Springs will leave India on May 15, followed by one flight every seven to nine days, under an agreement between the federal and Northern Territory governments announced on Friday. </p>
<p>An estimated 1,000 people are expected to return by the end of June under these arrangements. Vulnerable people – of whom there are 950 – will be given priority. Evidence to a senate committee on Friday revealed there are 173 minors who are not part of a family group. </p>
<p>In addition to the flights destined for Howard Springs, NSW, Queensland and Victoria have each agreed to accept a facilitated flight in May.</p><img src="https://counter.theconversation.com/content/160472/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Michelle Grattan does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>It became clear this week that repatriation flights for Australians stranded in India would have to resume after May 15, whatever the COVID situation in that country.Michelle Grattan, Professorial Fellow, University of CanberraLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1601782021-05-04T04:01:55Z2021-05-04T04:01:55ZIs Australia’s India travel ban legal? A citizenship law expert explains<figure><img src="https://images.theconversation.com/files/398527/original/file-20210504-17-170l104.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">
</span> <span class="attribution"><span class="source">Luis Ascui/AAP</span></span></figcaption></figure><p>There is a growing public and political outcry over the federal government’s sudden decision to ban Australians from coming home from India. </p>
<p>But as everyone from Indian community leaders to <a href="https://www.hrlc.org.au/news/2021/5/3/the-morrison-government-should-help-australians-get-home-from-india">human rights leaders</a>, <a href="https://www.theguardian.com/sport/2021/may/04/former-cricketer-michael-slater-says-scott-morrison-has-blood-on-his-hands-over-india-travel-ban">famous cricketers</a> and Coalition MPs calls on the government to rethink the policy, is it legal? Is a High Court challenge an option? </p>
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<h2>What is citizenship?</h2>
<p>In terms of <a href="https://law.uq.edu.au/files/27798/Statute%20and%20Common%20Law%20%28Final%29.pdf">common law</a>, citizenship is a relationship between an individual and their nation, where each owes <a href="https://www.cambridge.org/core/journals/international-and-comparative-law-quarterly/article/twentyfirst-century-banishment-citizenship-stripping-in-common-law-nations/F9B6D2F963EC73BD522A5EEE22493816">fundamental obligations to the other</a>. In broad terms, the citizen’s job is to be loyal to the nation. The nation’s job is to protect its citizens. </p>
<p>Last year, a record number of people <a href="https://immi.homeaffairs.gov.au/citizenship/ceremony/what-is-the-pledge">pledged allegiance to Australia</a> and became citizens. The largest group of new citizens were Indian migrants, with over <a href="https://www.sbs.com.au/language/english/australian-citizenship-india-emerges-as-the-biggest-source-of-new-citizens-in-2019-20">38,000</a> becoming Australians in 2019-20.</p>
<p>Now, under the Australian government’s <a href="https://www.health.gov.au/ministers/the-hon-greg-hunt-mp/media/travel-arrangements-to-be-strengthened-for-people-who-have-been-in-india">tough new travel ban</a>, 9,000 Australians remain stranded in India, which is currently battling a <a href="https://www.smh.com.au/world/asia/india-s-daily-covid-19-cases-pass-400-000-as-second-wave-worsens-20210501-p57o2t.html">deadly COVID-19 second wave</a> and oxygen and vaccine shortages. </p>
<p>Some were granted permission to travel to India to <a href="https://7news.com.au/lifestyle/health-wellbeing/we-are-nothing-aussie-stranded-in-india-c-2732378">see dying relatives</a> or <a href="https://www.bbc.com/news/world-australia-56924188">attend funerals</a>. Others <a href="https://www.abc.net.au/news/2021-04-28/australians-stuck-in-india-fear-for-their-families-futures/100099416">travelled there pre-pandemic</a> and have since been unable to return to Australia. </p>
<p>Despite having done nothing wrong, these Australians have been left unprotected by a government that has failed to hold up its end of the citizenship bargain. </p>
<h2>How does the travel ban work?</h2>
<p>The <a href="https://theconversation.com/human-rights-commission-expresses-deep-concerns-at-ban-on-returnees-from-india-160166">ban makes it unlawful</a> for anyone, including Australian citizens, to enter Australia if they have been in India in the past 14 days. It was made under sweeping powers conferred on federal Health Minister Greg Hunt by the 2015 Biosecurity Act. </p>
<p><a href="http://classic.austlii.edu.au/au/legis/cth/consol_act/ba2015156/s477.html">Section 477</a> of the act allows Hunt to issue “determinations” imposing any “requirement” that he deems necessary to control the entry or spread of COVID-19. These determinations cannot be disallowed by parliament. Thanks to a provision aptly known as a <a href="https://www.ruleoflaw.org.au/wp-content/uploads/2012/08/Reports-and-Pres-4-11-Henry-VIII-Clauses-the-rule-of-law1.pdf">“Henry VIII clause”</a>, they also override any other federal, state or territory law. </p>
<figure class="align-center ">
<img alt="Prime Minister Scott Morrison with new citizens at an Australia Day ceremony in Canberra." src="https://images.theconversation.com/files/398533/original/file-20210504-23-12ojm5a.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/398533/original/file-20210504-23-12ojm5a.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=400&fit=crop&dpr=1 600w, https://images.theconversation.com/files/398533/original/file-20210504-23-12ojm5a.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=400&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/398533/original/file-20210504-23-12ojm5a.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=400&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/398533/original/file-20210504-23-12ojm5a.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=503&fit=crop&dpr=1 754w, https://images.theconversation.com/files/398533/original/file-20210504-23-12ojm5a.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=503&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/398533/original/file-20210504-23-12ojm5a.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=503&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px">
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<span class="caption">India is now Australia’s biggest source of new citizens.</span>
<span class="attribution"><span class="source">Mick Tsikas/AAP</span></span>
</figcaption>
</figure>
<p>If a person breaches the travel ban, for instance by <a href="https://www.news.com.au/travel/travel-updates/travel-loophole-lets-people-in-india-come-to-australia-despite-flight-ban/news-story/ae42addf69d4d1e68ee64b63d3972fd7">transiting through a third country</a>, the Biosecurity Act <a href="http://classic.austlii.edu.au/au/legis/cth/consol_act/ba2015156/s479.html">states</a> they may face criminal penalties of five years imprisonment, a $66,000 fine, or both (even if Prime Minister Scott Morrison says jail time <a href="https://twitter.com/annajhenderson/status/1389329497153888260?s=20">is unlikely</a>). </p>
<p>Hunt says the ban is a “<a href="https://7news.com.au/lifestyle/health-wellbeing/federal-government-announces-temporary-pause-on-travellers-who-have-been-in-india-threatens-jail-time-c-2729849">temporary pause</a>”. It will lapse on May 15. However, if he deems it necessary, he could use his broad powers to reintroduce it, or impose similar restrictions.</p>
<p>As political pressure builds to remove the ban early, the government says it is “constantly” reviewing it. </p>
<h2>Is the ban legal?</h2>
<p>Another basic principle of citizenship is citizens may freely return to their countries. Under common law, this stems from the <a href="https://constitutioncenter.org/learn/educational-resources/historical-documents/magna-carta">Magna Carta</a>. It is also an important principle of international law, enshrined in the <a href="https://www.un.org/en/about-us/universal-declaration-of-human-rights">Universal Declaration of Human Rights</a>, and the <a href="https://www.ohchr.org/en/professionalinterest/pages/ccpr.aspx">International Covenant on Civil and Political Rights</a>. </p>
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<p>In March, two Australians stranded in the United States took their case to the United Nations Human Rights Committee. They argued government policies blocking their return contravene international law. </p>
<p>The committee has not reached a decision, but in April it asked Australia to <a href="https://www.smh.com.au/national/bring-them-home-both-the-law-and-moral-duty-demand-we-don-t-leave-australians-stranded-in-india-20210428-p57n5e.html">ensure their prompt return</a>, noting they faced “<a href="https://www.sbs.com.au/news/un-requests-australian-government-ensure-the-prompt-return-of-two-stranded-citizens">irreparable harm</a>”.</p>
<h2>What about our domestic law?</h2>
<p>Whether the ban is legal under Australian domestic law is a different question. Although the <a href="https://immi.homeaffairs.gov.au/citizenship/what-does-it-mean">Department of Home Affairs says</a> Australian citizens can “apply for an Australian passport and re-enter Australia freely”, there is no codified right of return under Australian law. This sets us apart from many countries that have a bill of rights, and include this right. </p>
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Read more:
<a href="https://theconversation.com/the-crisis-in-india-is-a-terrifying-example-of-why-we-need-a-better-way-to-get-australians-home-159917">The crisis in India is a terrifying example of why we need a better way to get Australians home</a>
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<p>A High Court challenge is an option, but there is no clear path to success. </p>
<p>The High Court has said little on the subject. A <a href="http://www8.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/HCA/1908/63.html?stem=0&synonyms=0&query=title%28Potter%20and%20Minahan%20%29">1908 case</a> suggests citizens may have a common law right to return to Australia, provided this has not been taken away by parliamentary law. The Biosecurity Act of course thoroughly displaces any such right. </p>
<p>Due to the deep links between citizenship and the right of return, it has been suggested citizens may have an <a href="http://www6.austlii.edu.au/au/journals/SydLRev/2008/8.html">implied constitutional right</a> to enter Australia. There is no case law on this yet — just a single, vaguely worded sentence in a <a href="https://jade.io/article/67466">1988 High Court case</a> — and there are good reasons why it might be a difficult case to argue in Australia. </p>
<p>Implied rights must be derived from the <a href="https://jade.io/article/67991">text and structure</a> of Australia’s Constitution, which says nothing about Australian citizenship, and little about the relationship between the government and the people, besides providing for democratic elections. </p>
<h2>Does it breach the Biosecurity Act?</h2>
<p>Another argument might be the travel ban is unlawful on the grounds Hunt <a href="https://www.crikey.com.au/2021/05/03/australian-citizens-india-ban-legal/">failed to comply</a> with the conditions for making a determination under section 477 of the Biosecurity Act. </p>
<p>These conditions require him to be satisfied, before imposing the ban, that it was “likely to be effective” in stopping the spread of COVID-19, “appropriate and adapted” to this purpose, and “no more restrictive or intrusive” than the circumstances required. </p>
<figure class="align-center ">
<img alt="Australian-Indian Ramana Akula, with his wife and sons on a previous trip to the Grampians." src="https://images.theconversation.com/files/398545/original/file-20210504-19-j9u8fn.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/398545/original/file-20210504-19-j9u8fn.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=450&fit=crop&dpr=1 600w, https://images.theconversation.com/files/398545/original/file-20210504-19-j9u8fn.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=450&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/398545/original/file-20210504-19-j9u8fn.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=450&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/398545/original/file-20210504-19-j9u8fn.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=566&fit=crop&dpr=1 754w, https://images.theconversation.com/files/398545/original/file-20210504-19-j9u8fn.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=566&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/398545/original/file-20210504-19-j9u8fn.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=566&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px">
<figcaption>
<span class="caption">Ramana Akula, pictured here with his wife and sons, is currently stranded in India, unable to get home to Australia.</span>
<span class="attribution"><span class="source">Supplied/ AAP</span></span>
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</figure>
<p>Importantly, it is Hunt personally who must be satisfied of these conditions. This means if he reached that conclusion on reasonable grounds, he has not broken the law, even if a different approach might have been available. </p>
<p>Yesterday, Chief Medical Officer Paul Kelly’s <a href="https://t.co/lxLXJR76Ls">advice to Hunt</a> in advance of the travel ban was released. Kelly’s advice emphasises the significant risk quarantine leakage poses to the Australian community and says a travel ban on arrivals from India until 15 May would be effective, proportionate and limited to what is necessary. </p>
<p>In light of this, it seems likely that a court would see the determination as a reasonable exercise of Hunt’s power.</p>
<h2>Beyond the law, what about moral arguments?</h2>
<p>But, legality aside, let’s return to the idea that Australia has a fundamental responsibility to protect its citizens. In <a href="https://www.health.gov.au/ministers/the-hon-greg-hunt-mp/media/doorstop-interview-about-novel-coronavirus-in-canberra">February 2020</a>, Hunt acknowledged this, pointing to two related national priorities: to contain the virus and protect citizens at home, and protect and support Australians abroad. </p>
<p>There may be circumstances in which these priorities conflict with each other. But it is hard to see the conflict in this situation. Quarantine and effective contact tracing have seen those within Australia substantially protected against COVID-19. We have not needed <a href="https://www.theguardian.com/world/2021/apr/29/comparing-us-and-uk-case-numbers-suggests-australias-india-flight-ban-based-on-fear-factor">blanket bans</a> on returns from the US, the United Kingdom or other countries that have experienced virus surges. </p>
<hr>
<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/its-not-surprising-indian-australians-feel-singled-out-they-have-long-been-subjected-to-racism-160179">It's not surprising Indian-Australians feel singled out. They have long been subjected to racism</a>
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<p>Kelly’s advice points to potential strain on quarantine, and Morrison has said the ban ensures that “<a href="https://www.sbs.com.au/news/scott-morrison-has-denied-the-controversial-india-travel-ban-is-racist-amid-mounting-backlash">our quarantine system can remain strong</a>”. But the federal government could protect more people in Australia and abroad (not to mention ease pressure on countries experiencing COVID-19 strain), if it worked to bring citizens home while devoting more resources towards strengthening the quarantine system. </p>
<p>Yet the government has <a href="https://www.theguardian.com/australia-news/2021/apr/25/peter-dutton-hits-back-at-wa-premier-insisting-states-had-agreed-to-manage-hotel-quarantine">resisted</a> this, despite a <a href="https://www.abc.net.au/news/2021-01-19/who-is-responsible-for-quarantine-in-australia/13070108">clear constitutional power over quarantine</a>, the recommendations of <a href="https://www1.racgp.org.au/newsgp/clinical/is-it-time-for-a-national-approach-to-hotel-quaran">public health experts</a> and a <a href="https://www.health.gov.au/sites/default/files/documents/2020/10/national-review-of-hotel-quarantine.pdf">national review</a>.</p>
<p>Meanwhile, 9,000 Australians in India are anxiously waiting for a change to the law, which would at least legally permit them to try and return home.</p><img src="https://counter.theconversation.com/content/160178/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Sangeetha Pillai does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>Everyone from human rights experts to famous cricketers are expressing their disgust at the federal government’s India travel ban. Its legality depends on what laws you are looking at.Sangeetha Pillai, Senior Research Associate, Andrew & Renata Kaldor Centre for International Refugee Law, UNSW Law School, UNSW SydneyLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1597262021-04-26T09:30:27Z2021-04-26T09:30:27ZNew clampdown on arrivals from India expected<p>Arrivals from India are set to be cut further or flights suspended altogether by the federal cabinet’s national security committee when it meets on Tuesday.</p>
<p>It would be the second clampdown in less than a week on people coming from India, as the COVID crisis continues to escalate in that country, which on the latest figures is recording about 350,000 new cases a day.</p>
<p>Health Minister Greg Hunt on Monday said the national security committee would consider “whether the medical advice indicates that additional measures are required.</p>
<p>"And if those additional measures are recommended, we will take them with the heaviest of hearts but without any hesitation.”</p>
<p>Hunt said the meeting would also consider humanitarian support for India, including supplies of oxygen from the states.</p>
<p>“India is literally gasping for oxygen. And whilst we can assist with the national medical stockpile, their particular request is for […] the physical supply of oxygen.</p>
<p>"We are in a position to be able to supply non-invasive ventilators[…] We’ve reached out to the states who actually carry the supplies of oxygen,” he said.</p>
<p>The proportion of returnees from India among the COVID cases in quarantine rose sharply recently, prompting last week’s measures. A man who came back from India after getting married there was at the centre of the recent outbreak in Perth.</p>
<p>Last week national cabinet agreed to a 30% reduction in passenger numbers from India on government-facilitated flights during May, a delay of four of these flights from May to June, and a 30% cut in commercial flights direct from India.</p>
<p>But the worsening situation there and local pressure in Australia have forced a quick rethink.</p>
<p>Canada last week announced a ban on passenger flights from India and Pakistan.</p>
<p>Labor’s federal health spokesman Mark Butler said decisions “should be taken in accordance with public health advice”.</p>
<p>On Monday Western Australia Premier Mark McGowan announced the three-day lockdown ordered late last week would not be extended, although there will be transition restrictions.</p>
<p>In another round of the blame game McGowan – who has slashed the quota of overseas arrivals WA is willing to receive into quarantine – said at the weekend the states “have been shouldering all the load in hotels that were never built for this purpose now for 14 months.</p>
<p>"The simple reason the Commonwealth doesn’t want to do it is because it’s risk[…] and it’s work, and it’s hard.”</p>
<p>McGowan criticised the federal government for allowing too many people to travel overseas, and has also pressed for it to provide more quarantine facilities.</p>
<p>But Home Affairs Minister Karen Andrews said immigration detention centres and defence facilities were not fit for purpose for quarantine.</p>
<p>Andrews also pointed to the restrictions announced after national cabinet last week on travel to high risk countries.</p>
<p>NSW premier Gladys Berejiklian criticised McGowan, saying cutbacks in WA quarantine placed more pressure on her state.</p>
<p>Butler said there should be a national quarantine system. “This is clearly a Commonwealth responsibility,” he said.</p>
<p>“Our quarantine system is in a mess and Scott Morrison has got to stop pretending that it’s not his job to fix it,” Butler said.</p>
<p>Hunt said: “My view is we actually have the best quarantine system, or at the very least the equal of the best, of any in the world”.</p><img src="https://counter.theconversation.com/content/159726/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Michelle Grattan does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>Arrivals from India are set to be cut further or flights suspended altogether by the federal cabinet’s national security committee when it meets on Tuesday.Michelle Grattan, Professorial Fellow, University of CanberraLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1587202021-04-09T10:17:19Z2021-04-09T10:17:19ZView from The Hill: Voters could wreak vengeance if Scott Morrison can’t get rollout back on track<figure><img src="https://images.theconversation.com/files/394234/original/file-20210409-23-125ozhs.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">
</span> <span class="attribution"><span class="source">Mick Tsikas/AAP</span></span></figcaption></figure><p>Last week, people were falling over themselves to get vaccination appointments and had to be told, by their doctors and their government, to be patient. </p>
<p>Patience is still needed — indeed, more than ever — but now there’s rising vaccination hesitation and the message from the government is people should remain eager for the jab. </p>
<p>Conservative advice from the Australian Technical Advisory Group on Immunisation (ATAGI), recommending against the AstraZeneca vaccine <a href="https://theconversation.com/new-setback-for-vaccine-rollout-with-astrazeneca-not-advised-for-people-under-50-158661">for the under 50s</a> (because of the very small danger of blood clots), has alarmed many people. </p>
<p>The danger is the advice has a knock-on effect, spooking people to whom it doesn’t apply. </p>
<p>Apart from younger frontline workers in health and aged care, those with underlying health conditions, and certain others, under 50s are not presently being vaccinated. </p>
<p>But with changing messages, some of the over 70s — the cohort now at the head of the vaccination queue — might start to have second thoughts, despite being told they shouldn’t. </p>
<p>They may or may not be reassured by Prime Minister Scott Morrison on Friday declaring his mother is lining up for her AstraZeneca shot soon. Or Commonwealth Chief Medical Officer Paul Kelly sharing the fact he’s urging his 86-year-old father to do so.</p>
<p>Thursday’s unwelcome medical advice was just the <a href="https://theconversation.com/4-ways-australias-covid-vaccine-rollout-has-been-bungled-158225">latest setback</a> to the rollout and the Morrison government. </p>
<p>There have been the blocks and delays imposed on supplies from Europe and CSL production (of AstraZeneca) has been slower than anticipated.</p>
<p>The logistics haven’t all gone smoothly. Despite protestations to the contrary, the Commonwealth’s distribution has been sub-optimal. </p>
<p>Some doctors have complained of getting inadequate supplies; the arrangements for nursing homes have had glitches. </p>
<p>The whole program is running massively behind the original schedule. The government on Friday was celebrating passing one million doses administered, when we should have been well past four million. </p>
<p>We’re marching at a much slower pace than the United States or the United Kingdom. In the UK, incidentally, the authorities are being less conservative about AstraZeneca — it’s the under 30s who are being offered an alternative.</p>
<p>One can only imagine Morrison’s reaction when he was delivered the ATAGI advice, which of course he had to follow (even though some experts disagree with it). As he said, “You don’t get to choose the medical advice that’s provided by the medical experts”.</p>
<p>One guide to the prime ministerial mood is the fact he stresses it’s only <em>advice</em> to avoid AstraZeneca if you are under 50. The decision is up to you, and your doctor (though you will be signing a rigorous consent form if you ignore it). </p>
<p>But that line just contributes to the muddled messaging many people will feel they’re receiving.</p>
<p>With an already disorderly program thrown into further disarray by the medical advice, the government on Thursday night and Friday went into overdrive. </p>
<p>Another 20 million doses of the Pfizer vaccine — now the one for the under 50s — were instantly procured (this is on top of the 20 million already purchased). This is good news, if you are patient. They are not due to land until the last quarter of the year. </p>
<p>Health Minister Greg Hunt says Pfizer doses scheduled to arrive in coming days will ramp up, but details are sketchy. </p>
<p>The government is anxious to say the immediate stage of the vaccination schedule should not be much delayed. </p>
<p>The elderly who are being vaccinated now are good to get AstraZeneca. </p>
<p>As for the health and aged care workers? Determinedly looking on the bright side, Morrison noted many are over 50. Pfizer vaccines will have to be arranged for the younger ones, however, which could involve some scrambling. </p>
<p>But the rollout generally has to be recalibrated and delays are expected to hit in coming months when the program gets to the younger section of the general population. </p>
<p>For these people, vaccination is not as critical in health terms as it is for those older. But for the economy, vaccinating them as soon as can be done is vital. </p>
<p>At one level, Australia is being protected by our previous (and continued) success on the health front, which has left us with little or no community transmission. The rollout problems would be a disaster if we had COVID raging. </p>
<p>But we are riding on our luck. There are no guarantees against serious outbreaks. </p>
<p>Even without those, the longer the rollout drags on, the more we have the disruption of small lockdowns, and the slower the re-opening of Australia’s international border, with all the consequences that brings. </p>
<p>Morrison, who recently talked so confidently about everyone who was eligible and willing receiving one vaccine shot by October, now won’t commit to any date. </p>
<p>It would be a nightmare for him if the rollout wasn’t finished by year’s end, and the international border remained substantially shut. </p>
<p>He’d be only months from an election campaign, and Australians would probably be suffering a bad dose of cabin fever. </p>
<p>Politically, state and territory leaders have reaped rewards in elections from being seen to handle COVID well. A few months ago the pundits predicted Morrison would do the same. </p>
<p>But if they come to believe he has comprehensively mishandled the vaccine rollout, the voters could wreak vengeance.</p><img src="https://counter.theconversation.com/content/158720/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Michelle Grattan does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>This week’s unwelcome medical advice about the AstraZeneca vaccine is the latest setback to the rollout and the Morrison government.Michelle Grattan, Professorial Fellow, University of CanberraLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1585262021-04-07T07:29:23Z2021-04-07T07:29:23ZPolitics with Michelle Grattan: Stephen Duckett on what’s gone wrong with the rollout<p>As of Tuesday, only 920,334 doses of the coronavirus vaccine have been administered - a fraction of the four million doses the Morrison government had promised by end-March. </p>
<p>The rollout’s complications and failures have sparked a backlash from some GPs, pharmacists, and states. </p>
<p>The federal government says the problems are mainly supply issues – notably, the failure of millions of doses to arrive from overseas. Also, CSL has had trouble quickly ramping up its production. </p>
<p>At the same time, there have been glitches in the logistics of delivery to doctors and the states.</p>
<p>This week Stephen Duckett joins the podcast to critique the rollout. Currently director of the health and aged care programme at the Grattan Institute, he was formerly secretary of the federal health department and so has seen the health bureaucracy from the inside.</p>
<p>Duckett is highly critical of how the rollout has gone, with the government over-hyping expectations. </p>
<p>“The government hasn’t met a single one of its targets so far. They had targets about four million people by the end of March. They had a target, about more than 500,000 residential aged care workers and residents by mid-March. </p>
<p>"Now, sure, it’s the biggest logistic exercise we have ever seen, but the government has had eight months or so to prepare for it. </p>
<p>"I think the government should have set reasonable targets. It should have said, look, we know it’s really, really important to get the vaccine rollout started, but we are reliant on overseas.”</p>
<p>“The prime minister said he wanted to under promise and over deliver. He did the reverse.”</p>
<p>One issue Duckett identifies has been the politicisation of the process. </p>
<p>“There’s been a huge number of vaccine announcements. Every micro-possibility has been wrung out of every announcement. We’ve got photos of vaccines coming off planes. We’ve got announcements that we’re thinking about having a contract.”</p>
<p>“I think[…]the commonwealth initially thought it was all going to go very smoothly and they’d coast into the election very, very comfortably on the back of a successful vaccination rollout programme.</p>
<p>"So I think it had a political overlay from the start.” </p>
<p><a href="https://itunes.apple.com/au/podcast/politics-with-michelle-grattan/id703425900?mt=2"><img src="https://images.theconversation.com/files/233721/original/file-20180827-75984-1gfuvlr.png" alt="Listen on Apple Podcasts" width="268" height="68"></a> <a href="https://www.google.com/podcasts?feed=aHR0cHM6Ly90aGVjb252ZXJzYXRpb24uY29tL2F1L3BvZGNhc3RzL3BvbGl0aWNzLXdpdGgtbWljaGVsbGUtZ3JhdHRhbi5yc3M"><img src="https://images.theconversation.com/files/233720/original/file-20180827-75978-3mdxcf.png" alt="" width="268" height="68"></a></p>
<p><a href="https://www.stitcher.com/podcast/the-conversation-4/politics-with-michelle-grattan"><img src="https://images.theconversation.com/files/233716/original/file-20180827-75981-pdp50i.png" alt="Stitcher" width="300" height="88"></a> <a href="https://tunein.com/podcasts/News--Politics-Podcasts/Politics-with-Michelle-Grattan-p227852/"><img src="https://images.theconversation.com/files/233723/original/file-20180827-75984-f0y2gb.png" alt="Listen on TuneIn" width="318" height="125"></a></p>
<p><a href="https://radiopublic.com/politics-with-michelle-grattan-WRElBZ"><img class="alignnone size-medium wp-image-152" src="https://images.theconversation.com/files/233717/original/file-20180827-75990-86y5tg.png?ixlib=rb-1.1.0&q=45&auto=format&w=268&fit=clip" alt="Listen on RadioPublic" width="268" height="87"></a> <a href="https://open.spotify.com/show/5NkaSQoUERalaLBQAqUOcC"><img src="https://images.theconversation.com/files/237984/original/file-20180925-149976-1ks72uy.png?ixlib=rb-1.1.0&q=45&auto=format&w=268&fit=clip" width="268" height="82"></a> </p>
<h2>Additional audio</h2>
<p><a href="http://freemusicarchive.org/music/Lee_Rosevere/The_Big_Loop_-_FML_original_podcast_score/Lee_Rosevere_-_The_Big_Loop_-_FML_original_podcast_score_-_10_A_List_of_Ways_to_Die">A List of Ways to Die</a>, Lee Rosevere, from Free Music Archive.</p><img src="https://counter.theconversation.com/content/158526/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Michelle Grattan does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>Michelle Grattan discusses the vaccine rollout with Stephen Duckett.Michelle Grattan, Professorial Fellow, University of CanberraLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1523222020-12-18T05:40:08Z2020-12-18T05:40:08ZView from The Hill: aged care to cabinet, Tehan to trade in Morrison’s modest reshuffle<figure><img src="https://images.theconversation.com/files/375845/original/file-20201218-23-u7lsqk.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">
</span> <span class="attribution"><span class="source">Lukas Coch/AAP</span></span></figcaption></figure><p>The most important changes in Scott Morrison’s limited reshuffle are centred on two vital and controversial issues – aged care and trade – that will severely test the government in coming months.</p>
<p>Aged care has been elevated to cabinet and put in the safe hands of Health Minister Greg Hunt, who has performed strongly during the pandemic.</p>
<p>The current Aged Care Minister, Richard Colbeck, retains responsibility for aged care services, including delivery of residential and home care packages and the regulation of the sector.</p>
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Read more:
<a href="https://theconversation.com/grattan-on-friday-six-issues-on-scott-morrisons-mind-over-summer-152181">Grattan on Friday: Six issues on Scott Morrison's mind over summer</a>
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<p>With the <a href="https://www.abc.net.au/news/2020-10-23/aged-care-royal-commission-told-implementation-of-changes-patchy/12808910">royal commission</a> due to deliver its final report in February, Hunt will spearhead the policy response. Importantly, he will carry the government’s public case as it works through one of the most difficult policy challenges of early 2021.</p>
<p>The choice of Dan Tehan for trade is logical. He comes with an extensive background in the area before his parliamentary career, including serving in the Foreign Affairs and Trade Department, and as an adviser to a former trade minister, Mark Vaile.</p>
<p>Tehan arrives in the portfolio – shed by Simon Birmingham who is <a href="https://theconversation.com/simon-birmingham-to-become-finance-minister-and-senate-leader-as-australia-nominates-cormann-for-oecd-147742">now Finance Minister</a> – when trade tensions with China are an all-time high, and Australia is looking to negotiate trade agreements with Europe and the United Kingdom.</p>
<p>Tehan’s education portfolio goes to Alan Tudge, who will also have responsibility for youth (previously under Colbeck). The recent <a href="https://www.abc.net.au/news/2020-11-09/four-corners-investigation-christian-porter-alan-tudge/12862632">Four Corners expose</a> about Tudge’s private life hasn’t affected his ministerial career. Questioned at his news conference on Friday, Morrison said those matter related to years ago.</p>
<p>Morrison has also elevated some spear carriers of the right.</p>
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Read more:
<a href="https://theconversation.com/is-canberra-having-a-metoo-moment-it-will-take-more-than-reports-of-mps-behaving-badly-for-parliament-to-change-149819">Is Canberra having a #metoo moment? It will take more than reports of MPs behaving badly for parliament to change</a>
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<p>Queensland senator Amanda Stoker is promoted from the backbench to become Assistant Minister to the Attorney-General. ACT senator Zed Seselja moves from being an Assistant Minister to become Minister for International Development and the Pacific.</p>
<p>Rewarding the Liberal party right might be politically useful next year, if Morrison needs the conservatives’ forbearance for a shift on climate policy.</p>
<p>Andrew Hastie is also from the Liberals’ conservative wing, but his move up from the backbench will be seen through a foreign policy prism.</p>
<p>He has been an <a href="https://www.theguardian.com/world/2019/nov/17/china-calls-on-liberal-mps-to-repent-after-beijing-study-tour-ban">outspoken hawk on China</a> and the Chinese will be particularly noting his appointment as Assistant Minister for Defence.</p>
<p>Hastie has been well respected on both sides of politics as chair of parliament’s influential intelligence and security committee.</p>
<p>A former soldier in the SAS who served in Afghanistan, he will potentially be able to help manage the <a href="https://theconversation.com/allegations-of-murder-and-blooding-in-Brereton-report-now-face-many-obstacles-to-prosecution-145703">fallout from the Brereton report</a> on alleged Australian war crimes, which is proving difficult for the government.</p>
<p>The new Immigration Minister will be Alex Hawke, Morrison’s strong factional ally. This position has been in limbo for a year, in the hands of an acting minister, while David Coleman has been on <a href="https://www.sbs.com.au/news/immigration-minister-david-coleman-takes-indefinite-personal-leave-hands-over-duties">personal leave</a>.</p>
<p>Coleman is to become Assistant Minister to the Prime Minister for Mental Health and Suicide Prevention, an area Morrison has given high priority in the pandemic.</p>
<p>It is notable Ben Morton, who is very close to Morrison, has not been moved up to the junior ministry. He stays as Assistant Minister to the Prime Minister and Cabinet, where he can have a bird’s eye view on many matters, as distinct from the narrower focus demanded by a ministerial portfolio.</p>
<p>Morton formally takes over from Hunt to become Assistant Minister for the Public Service — a role he has had <a href="https://www.themandarin.com.au/129975-assistant-minister-ben-morton-put-in-charge-of-aps/">anyway</a> while Hunt has been preoccupied with the health crisis. A former Liberal party director in Western Australia, Morton will also have the politically-sensitive position of Assistant Minister for Electoral Matters.</p>
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Read more:
<a href="https://theconversation.com/grattan-on-friday-china-plays-reverse-poke-the-bear-151390">Grattan on Friday: China plays reverse 'poke the bear'</a>
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<p>Jane Hume moves up from assistant minister, with expanded responsibilities as Minister for Superannuation, Financial Services and the Digital Economy.</p>
<p>Communications Minister Paul Fletcher adds urban infrastructure and cities to his responsibilities, but loses cyber safety.</p>
<p>Morrison emphasised key portfolios relating to the economy and security remained unchanged, as did the positions held by the Nationals, and the number of women in cabinet.</p>
<p>He said the changes reflected a “very strong focus on stability in key portfolios, together with a commitment to bring forward some new talent”. </p>
<p><em>The new Morrison ministry list <a href="https://www.pmc.gov.au/sites/default/files/publications/ministry-list-proposed-20201218.pdf">can be found here</a>.</em></p><img src="https://counter.theconversation.com/content/152322/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Michelle Grattan does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>The most important changes in Scott Morrison’s limited reshuffle are centred on two vital and controversial issues that will severely test the government in coming months.Michelle Grattan, Professorial Fellow, University of CanberraLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1501442020-11-15T11:35:00Z2020-11-15T11:35:00ZMorrison government commits $1 billion over 12 years for new vaccine manufacturing supply<figure><img src="https://images.theconversation.com/files/369398/original/file-20201115-17-mdbmqm.jpg?ixlib=rb-1.1.0&rect=11%2C5%2C3822%2C2149&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">
</span> <span class="attribution"><span class="source">PMO</span>, <span class="license">Author provided</span></span></figcaption></figure><p>The federal government has concluded a $1 billion agreement, funded over 12 years, with Seqirus to secure supply from a new high-tech manufacturing facility in Melbourne which would produce pandemic influenza vaccines as well as antivenoms.</p>
<p>This would boost Australia’s sovereignty when the country was faced with a future pandemic, and make for quick responses.</p>
<p>Seqirus, a subsidiary of CSL Ltd, will invest $800 million in the facility, which will be built at Tullamarine, near Melbourne airport. It will replace Seqirus’ facility in the inner Melbourne suburb of Parkville which is more than 60 years old. The Victorian government has supported the procurement of the land for the new operation. </p>
<p>Seqirus says the complex will be the only cell-based influenza vaccine manufacturing facility in the southern hemisphere, producing seasonal and pandemic flu vaccines, Seqirus’ proprietary adjuvant MF59 ®, Australian antivenoms and Q-Fever vaccine.</p>
<p>Work on construction will begin next year; the project will provide some 520 construction jobs. The facility is due to be fully operating by 2026, with the contract for supply of its products running to 2036.</p>
<p>The present agreement between the federal government and Seqirus is due to end in 2024-25. </p>
<p>Seqirus is presently the only company making influenza and Q fever vaccine in Australia, and the only one in the world making life-saving antivenom products against 11 poisonous Australian creatures, including snakes, marine creatures and spiders. </p>
<p>Scott Morrison said that “while we are rightly focused on both the health and economic challenges of COVID-19, we must also guard against future threats.</p>
<p>"This agreement cements Australia’s long-term sovereign medical capabilities, giving us the ability to develop vaccines when we need them.</p>
<p>"Just as major defence equipment must be ordered well in advance, this is an investment in our national health security against future pandemics,” he said.</p>
<p>Stressing the importance of domestic production capability, the government says when there is a global pandemic, countries with onshore capabilities have priority access to vaccines.</p>
<p>Health minister Greg Hunt said: “This new facility will guarantee Australian health security against pandemic influenza for the next two decades”.</p>
<p>Seqirus General Manager Stephen Marlow said: “While the facility is located in Australia, it will have a truly global role. Demand for flu vaccines continues to grow each year, in recognition of the importance of influenza vaccination programs. This investment will boost our capacity to ensure as many people as possible – right across the world – can access flu vaccines in the future.”</p>
<p>To deal with the present pandemic, the government has earlier announced $3.2 billion to secure access to over 134.8 million doses of potential COVID-19 vaccine candidates developed by the University of Oxford-Astra Zeneca and the University of Queensland, Pfizer-BioNTech and Novavax.</p><img src="https://counter.theconversation.com/content/150144/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Michelle Grattan does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>The federal government has concluded a $1 billion agreement for a new high-tech manufacturing facility in Melbourne which would produce pandemic influenza vaccines as well as antivenoms.Michelle Grattan, Professorial Fellow, University of CanberraLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1456782020-09-06T12:31:49Z2020-09-06T12:31:49ZMorrison government secures two possible vaccine supplies with agreements worth $1.7 billion<p>The federal government has nailed down two possible vaccine sources with supply and production agreements with pharmaceutical companies worth $1.7 billion.</p>
<p>The agreements mean the University of Oxford/AstraZeneca and the University of Queensland/CSL would provide more than 84.8 million vaccine doses, almost entirely manufactured in Melbourne.</p>
<p>The success of either vaccine still has to be demonstrated, but trials are encouraging.</p>
<p>If all goes well, there would be access to 3.8 million doses of the University of Oxford vaccine in January and February.</p>
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Read more:
<a href="https://theconversation.com/the-oxford-deal-is-welcome-but-remember-the-vaccine-hasnt-been-proven-to-work-yet-144726">The Oxford deal is welcome, but remember the vaccine hasn't been proven to work yet</a>
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<p>The government promises a vaccine would be made available free.</p>
<p>Earlier it announced it had signed a letter of intent for the Oxford vaccine.</p>
<p>Scott Morrison said there were “no guarantees” these vaccines would prove successful. “However the agreement puts Australia at the top of the queue, if our medical experts give the vaccines the green light.”</p>
<p>“By securing the production and supply agreements, Australians will be among the first in the world to receive a safe and effective vaccine, should it pass late stage testing,” he said.</p>
<p>The government is also exploring other promising vaccines which are being developed and it may invest further. </p>
<p>If successful, the Oxford vaccines would be available from the start of next year, and the UQ ones from mid year. There would be 33.8 million doses of the Oxford vaccine and 51 million of the UQ one.</p>
<p>More than 95% of doses would be manufactured in Australia.</p>
<p>Each person would have a dose of one vaccine followed by a second dose of the same one within a few weeks. First to get the vaccine would be people most at risk of COVID and health workers. </p>
<p>The government said the agreements it had secured allowed for more orders to be negotiated and for doses to be donated or on-sold, without mark-ups, to other countries or international organisations. Morrison has stressed Australia wants to help Pacific countries and other regional neighbours get early access.</p>
<p>Late stage phase 3 trials are underway for the Oxford vaccine. Phase 1 clinical trials for the UQ vaccine began in mid-July in Brisbane. If this is successful, CSL will take responsibility for the Phase 2b/3 clinical trial, expected to begin late this year. </p>
<p>The government would run a strong campaign to encourage people to be vaccinated, but this would not be compulsory. </p>
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Read more:
<a href="https://theconversation.com/grattan-on-friday-scott-morrison-hypes-vaccine-hopes-but-there-is-a-long-road-ahead-144801">Grattan on Friday: Scott Morrison hypes vaccine hopes but there is a long road ahead</a>
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<img src="https://counter.theconversation.com/content/145678/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Michelle Grattan does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>The federal government has secured two possible vaccine sources with a $1.7 billion supply and production agreement with two pharmaceutical companies.Michelle Grattan, Professorial Fellow, University of CanberraLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1450892020-08-30T19:58:11Z2020-08-30T19:58:11ZThere’s a ban on leaving Australia under COVID-19. Who can get an exemption to go overseas? And how?<figure><img src="https://images.theconversation.com/files/355037/original/file-20200827-20-1jc3qft.jpg?ixlib=rb-1.1.0&rect=43%2C18%2C4046%2C2964&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">
</span> <span class="attribution"><span class="source">Darren England/AAP</span></span></figcaption></figure><p>Australians are all too aware of the restrictions on <a href="https://theconversation.com/federal-court-finds-border-closures-safest-way-to-protect-public-health-in-clive-palmer-case-145038">interstate travel</a> and <a href="https://www.abc.net.au/news/2020-05-08/international-travel-still-banned-coronavirus-restrictions/12229114">on who can currently enter Australia</a>. </p>
<p>But people may not realise there is also a <a href="https://covid19.homeaffairs.gov.au/leaving-australia">ban on overseas travel</a> for all Australian citizens and residents, subject to a limited number of exemptions. </p>
<p>Since March, about <a href="https://www.smh.com.au/lifestyle/life-and-relationships/definite-shift-in-border-force-approach-to-travel-ban-as-approvals-surge-20200828-p55qfu.html">one in three</a> requests to leave the country have been granted. This comes amid reports of Australians facing <a href="https://www.abc.net.au/news/2020-06-25/coronavirus-travel-ban-exemption-red-tape-criticised/12388946">huge hurdles</a> to see sick and dying relatives overseas. </p>
<p>So, what’s going on? Who can actually leave Australia at the moment? </p>
<h2>What is the ban?</h2>
<p>The <a href="https://www.legislation.gov.au/Details/F2020L00306/Html/Text?fbclid=IwAR3jB5wEVkCe4PSF8yLl-EtDOLGUXsWyP28ieG1IDw9_2q6dzBLq7EoSwas">ban on leaving</a> Australia was put in place by Health Minister Greg Hunt on March 25, as an “<a href="http://classic.austlii.edu.au/au/legis/cth/consol_act/ba2015156/s477.html">emergency requirement</a>” under the Biosecurity Act. It is the first time Australia has had such a ban, and it was made on the advice of the Australian Health Protection Principal Committee. </p>
<p>The <a href="https://www.legislation.gov.au/Details/F2020L00306/Html/Text?fbclid=IwAR3jB5wEVkCe4PSF8yLl-EtDOLGUXsWyP28ieG1IDw9_2q6dzBLq7EoSwas">determination</a> says plainly: </p>
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<p>An Australian citizen or permanent resident … must not leave Australian territory as a passenger on an outgoing aircraft or vessel. </p>
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<p>The accompanying statement explains,</p>
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<p>[This] is in response to the COVID-19 pandemic, which continues to represent a severe and immediate threat to human health in Australia and across the globe. </p>
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<h2>Is this legal?</h2>
<p>The government legally made the determination under the Biosecurity Act, which gives the health minister power to put in place “<a href="http://classic.austlii.edu.au/au/legis/cth/consol_act/ba2015156/s477.html">any requirement</a>” they believe is necessary to prevent or control the entry or spread of the virus into Australia. </p>
<p>International law <a href="https://www.kaldorcentre.unsw.edu.au/publication/covid-19-travel-bans-right-seek-asylum-when-you-cannot-leave-your-homeland">recognises</a> the right to leave any country, including your own, but there is no equivalent constitutional protection in Australia.</p>
<figure class="align-center ">
<img alt="Man pushing a baggage trolly past an empty airport carousel." src="https://images.theconversation.com/files/355038/original/file-20200827-16-1m1ekkj.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/355038/original/file-20200827-16-1m1ekkj.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=355&fit=crop&dpr=1 600w, https://images.theconversation.com/files/355038/original/file-20200827-16-1m1ekkj.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=355&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/355038/original/file-20200827-16-1m1ekkj.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=355&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/355038/original/file-20200827-16-1m1ekkj.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=447&fit=crop&dpr=1 754w, https://images.theconversation.com/files/355038/original/file-20200827-16-1m1ekkj.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=447&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/355038/original/file-20200827-16-1m1ekkj.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=447&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px">
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<span class="caption">There is a legal ban on Australians leaving Australia.</span>
<span class="attribution"><span class="source">Darren England/AAP</span></span>
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</figure>
<p>In other words, Australians don’t have a constitutional right to leave Australia. </p>
<p>Strict exit bans for citizens are generally associated with authoritarian states, like North Korea and the former USSR. But the Health Department <a href="https://www.smh.com.au/lifestyle/life-and-relationships/on-par-with-north-korea-three-out-of-four-requests-to-leave-australia-refused-20200814-p55luj.html">has said</a> the ban is needed because of the burden returning residents place on quarantine arrangements, the health system and testing regimes. </p>
<p>The government has also argued it is “<a href="https://www.legislation.gov.au/Details/F2020L00306/Replacement%20Explanatory%20Statement/Text">impossible</a>” to only ban travel to specific places, due to the fast-moving nature of the pandemic in different countries.</p>
<h2>Who can leave Australia at the moment?</h2>
<p>Anyone who isn’t a citizen or resident is allowed to leave Australia. </p>
<p>Some <a href="https://covid19.homeaffairs.gov.au/leaving-australia">Australians are</a> also still free to leave. This includes those who are “ordinarily resident in a country other than Australia”, airline and maritime crew, outbound freight workers, and essential workers at offshore facilities. </p>
<hr>
<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/australians-dont-have-a-right-to-travel-does-covid-mean-our-days-of-carefree-overseas-trips-are-over-144862">Australians don't have a 'right' to travel. Does COVID mean our days of carefree overseas trips are over?</a>
</strong>
</em>
</p>
<hr>
<p>All other citizens and residents must have an exemption if they want to leave. They need to <a href="https://covid19.homeaffairs.gov.au/leaving-australia#toc-2">apply online </a>(which is free) and then bring the approved exemption to the airport. </p>
<p>To be granted an exemption, you must have a “<a href="https://www.legislation.gov.au/Details/F2020L00306/Html/Text?fbclid=IwAR3jB5wEVkCe4PSF8yLl-EtDOLGUXsWyP28ieG1IDw9_2q6dzBLq7EoSwas">compelling reason</a>” for needing to leave Australian territory, and your travel must fall into one of the following categories:</p>
<ul>
<li>compassionate or humanitarian grounds </li>
<li>part of the response to the COVID-19 outbreak</li>
<li>essential for the conduct of critical industries and business </li>
<li>to receive urgent medical treatment unavailable in Australia</li>
<li>urgent and unavoidable personal business</li>
<li>in the national interest.</li>
</ul>
<h2>Most applications to leave are not successful</h2>
<p>Despite these exemptions, it is still difficult to get permission to leave. Only about one in three requests are being granted. </p>
<p>According to Border Force, between March and mid-August it received <a href="https://www.smh.com.au/national/nsw/sydney-businessman-given-travel-permit-to-pick-up-a-luxury-yacht-20200821-p55o8s.html">more than 104,000 requests</a> to leave Australia. About 34,300 exemptions have been granted.</p>
<p>Exemption applications are assessed by Border Force and applicants are advised to apply <a href="https://travel-exemptions.homeaffairs.gov.au/tep">at least two weeks</a> but not more than three months before departure. </p>
<p>Border Force adds: </p>
<blockquote>
<p>If you are travelling due to death or critical illness of a close family member, you can apply inside this timeframe and we will prioritise your application.</p>
</blockquote>
<p>However, timeframes haven’t been guaranteed and people have reported significant delays <a href="https://www.abc.net.au/news/2020-06-25/coronavirus-travel-ban-exemption-red-tape-criticised/12388946">even in emergency situations</a>. If a request is refused, an applicant can reapply. </p>
<p>Failing to comply with the ban is a <a href="https://www.legislation.gov.au/Details/F2020L00306/Replacement%20Explanatory%20Statement/Text">criminal offence</a>, punishable by up to five years’ prison, a $63,000 fine, or both. </p>
<h2>Are Victorians especially banned?</h2>
<p>There is nothing to exclude Victorians, currently under Stage 3 and 4 restrictions, from applying to leave Australia. </p>
<p>The Victorian government <a href="https://www.dhhs.vic.gov.au/information-overseas-travellers-coronavirus-disease-covid-19">directs</a> residents to federal government advice regarding overseas trips. </p>
<p>However, Victorians would also need to comply with or seek exemptions from state-based restrictions (including for travel to the airport, for example) where an exemption was granted. </p>
<h2>What are the problems with the ban?</h2>
<p>Usually when governments pass legislation, they provide definitions of key terms. However, no definitions for any exemptions are included in the <a href="https://www.legislation.gov.au/Details/F2020L00306/Html/Text?fbclid=IwAR3jB5wEVkCe4PSF8yLl-EtDOLGUXsWyP28ieG1IDw9_2q6dzBLq7EoSwas">travel ban determination</a>, which was made by Hunt and not reviewed by parliament. </p>
<p>What exemptions like “urgent and unavoidable personal business” cover is unclear, to say the least (<a href="https://www.smh.com.au/national/nsw/sydney-businessman-given-travel-permit-to-pick-up-a-luxury-yacht-20200821-p55o8s.html">luxury yacht</a>, anyone?). </p>
<figure class="align-center ">
<img alt="Grounded Qantas planes against Sydney skyline." src="https://images.theconversation.com/files/355255/original/file-20200828-19-tz05c3.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/355255/original/file-20200828-19-tz05c3.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=400&fit=crop&dpr=1 600w, https://images.theconversation.com/files/355255/original/file-20200828-19-tz05c3.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=400&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/355255/original/file-20200828-19-tz05c3.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=400&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/355255/original/file-20200828-19-tz05c3.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=503&fit=crop&dpr=1 754w, https://images.theconversation.com/files/355255/original/file-20200828-19-tz05c3.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=503&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/355255/original/file-20200828-19-tz05c3.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=503&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px">
<figcaption>
<span class="caption">The ban on overseas travel was introduced in March as the coronavirus crisis took hold in Australia.</span>
<span class="attribution"><span class="source">Biance De Marchi/AAP</span></span>
</figcaption>
</figure>
<p>There have been <a href="https://www.smh.com.au/lifestyle/life-and-relationships/on-par-with-north-korea-three-out-of-four-requests-to-leave-australia-refused-20200814-p55luj.html">repeated stories</a> of Australians having enormous difficulties getting permission to see family and loved ones overseas. Although <a href="https://www.smh.com.au/lifestyle/life-and-relationships/definite-shift-in-border-force-approach-to-travel-ban-as-approvals-surge-20200828-p55qfu.html">recent reports suggest</a> the process is becoming easier. </p>
<p>One woman <a href="https://www.theguardian.com/australia-news/2020/aug/09/i-was-helpless-the-australians-caught-up-in-a-dysfunctional-covid-travel-exemption-system">reported</a> difficulty meeting the “compassionate grounds” exemption because her dying step-parent was not in hospital, due to a choice to spend his last days at home. Another received <a href="https://www.theguardian.com/australia-news/2020/aug/09/i-was-helpless-the-australians-caught-up-in-a-dysfunctional-covid-travel-exemption-system">three different responses</a> to the same request. </p>
<hr>
<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/small-funerals-online-memorials-and-grieving-from-afar-the-coronavirus-is-changing-how-we-care-for-the-dead-134647">Small funerals, online memorials and grieving from afar: the coronavirus is changing how we care for the dead</a>
</strong>
</em>
</p>
<hr>
<p>Applicants must provide <a href="https://covid19.homeaffairs.gov.au/leaving-australia">sufficient documentation</a>, but it is also unclear what documents are required. People whose documents are not in English must have them officially translated as part of an application. Those in distressed or bereaved states must nonetheless <a href="https://www.smh.com.au/world/europe/i-am-on-prison-island-australia-s-travel-ban-tearing-families-apart-20200707-p559z4.html">gather complex documentary evidence</a>, which may include death certificates, or proof of an event or relationship. </p>
<p>Due to this lack of clarity, some people are seeking the advice of migration agents to help them leave Australia. </p>
<p>This adds to the <a href="https://www.smh.com.au/national/can-we-still-call-australia-home-the-refrain-of-expats-facing-shut-borders-and-20k-flights-20200819-p55n4i.html">ever-growing costs</a> of mobility during the pandemic, while creating the extraordinary circumstance where <a href="https://www.abc.net.au/news/2020-06-25/coronavirus-travel-ban-exemption-red-tape-criticised/12388946">legal advice is needed</a> to help residents and citizens depart their own country. </p>
<h2>When will the ban end?</h2>
<p>Australia’s complete travel ban has not been adopted in similar countries. In <a href="https://safetravel.govt.nz/covid-19-coronavirus">New Zealand</a>, <a href="https://travel.gc.ca/travelling/advisories">Canada </a>and <a href="https://www.gov.uk/foreign-travel-advice">Britain</a>, overseas travel is strongly advised against but not banned.</p>
<p>Other countries to have completely prohibited travel <a href="https://www.kaldorcentre.unsw.edu.au/publication/covid-19-travel-bans-right-seek-asylum-when-you-cannot-leave-your-homeland">include</a> Kazakhstan, Lithuania and Uzbekistan. </p>
<hr>
<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/how-covid-19-could-impact-travel-for-years-to-come-142971">How COVID-19 could impact travel for years to come</a>
</strong>
</em>
</p>
<hr>
<p>Australia’s ban will automatically cease when the “biosecurity emergency period” is declared over, unless revoked beforehand. </p>
<p>But while the the current period runs until <a href="https://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Scrutiny_of_Delegated_Legislation/Scrutiny_of_COVID-19_instruments">September 17</a>, it is likely to be extended. In June, Hunt warned borders will remained closed for a “<a href="https://www.sbs.com.au/news/australia-s-borders-will-be-closed-for-a-very-significant-amount-of-time-greg-hunt-says">very significant</a>” amount of time. </p>
<p>Although he also described Australia as an “<a href="https://www.sbs.com.au/news/australia-s-borders-will-be-closed-for-a-very-significant-amount-of-time-greg-hunt-says">island sanctuary</a>”, it’s unlikely the many people held on either side of its borders feel the same way.</p><img src="https://counter.theconversation.com/content/145089/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Anthea Vogl does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>Coronavirus means Australians are not allowed to travel overseas. Since March, only about third of the special requests to leave the country have been granted.Anthea Vogl, Senior lecturer, University of Technology SydneyLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1446022020-08-17T10:08:22Z2020-08-17T10:08:22ZView from The Hill: ‘Virtual’ participants and border restrictions will make for a bespoke parliamentary sitting<p>Federal parliament is set to make history with its first “hybrid” sitting in the fortnight starting next week, with some members connecting virtually.</p>
<p>But border closures and state government rules are causing a nightmare for many of those planning to attend in person.</p>
<p>Unless there is a last minute political hitch, a substantial number of MPs will speak, ask questions or respond to questions remotely.</p>
<p>Technology challenges aside, they’ll have the easier time of it than quite a lot of their colleagues.</p>
<p>Victorians who want to be physically present are now in a fortnight’s quarantine, in Canberra or at their homes, unable to leave their residences.</p>
<p>Treasurer Josh Frydenberg and Health Minister Greg Hunt are locked up in the national capital, as are the Speaker, Tony Smith and the Senate President, Scott Ryan. (Hunt has even installed an Australian government background for virtual news conferences.)</p>
<p>Under Queensland government rules, MPs who go to Canberra from that state will have to self-isolate for a fortnight when they return home.</p>
<p>If the Queensland rules are still in force in early December, those attending the final sitting ending December 10 can forget any pre-Christmas sprees – they’ll be isolating until Christmas Day.</p>
<p>Victorians who want to attend all the rest of the year’s scheduled sittings will only be able to have a fortnight home between now and December 10, given the quarantine rules.</p>
<p>Among those Victorians choosing not to make the journey next week is Richard Marles, deputy leader of the opposition. He said on Monday, “It is a difficult decision but I will be staying in my community as Victorians face this second wave.” Labor frontbencher Bill Shorten will also be missing from parliament house – he was on the ABC’s Insiders program in person on Sunday.</p>
<p>Tasmania is tightening its conditions for returning MPs, replacing an automatic exemption from quarantine with consideration on a case by case basis. </p>
<p>Ryan has flagged his concerns with the various restrictions imposed by indicating he will be making a statement to the senate about the issue when it resumes. </p>
<p>It would make sense for the government to consolidate the sittings after the October 6 budget, so the parliament could finish the year earlier, but there is no sign of that as yet.</p>
<p>Even in Canberra life will be tougher than usual for some of the parliamentarians. In a statement on Monday Smith and Ryan advised those from Sydney and Newcastle that while in the ACT they should “avoid visiting retail or hospitality venues,” which is bad news for the cash-strapped local eateries.</p>
<p>Moreover: “When attending Parliament House, parliamentarians and staff should avoid congregating in groups, and avoid face-to-face meetings with external visitors”.</p>
<p>Not that there will be many staff to congregate – the presiding officers say they should not go to Canberra “unless it is considered absolutely essential”. And external visitors will be as rare as hens’ teeth, under the presiding officers’ advice. </p>
<p>Scott Morrison has yet to tick off on MPs linking up virtually – Labor is keen – but it is hard to see him not agreeing.</p>
<p>This is formally done through Christian Porter, the leader of the House, who earlier expressed concerns about the technology and the application of parliamentary privilege.</p>
<p>Morrison has signalled general support for the sitting to have its virtual element. For the government not to embrace it would look out of touch at best and obstructionist at worst. Parliamentary committees have been operating remotely through the pandemic and for years before.</p>
<p>The government has the final say only in regard to the House of Representatives; the Senate, where the government is in a minority, is its own master.</p>
<p>This week rehearsals are underway for the virtual system, with MPs who won’t be in Canberra given trial runs. They will have to operate from their electorate offices, and use parliamentary equipment. Even the usual dress rules that apply to each chamber are expected to operate for the “virtuals”.</p>
<p>The pandemic produced a different atmosphere in the House of Representatives, with the macho aggression toned down, certainly initially. No doubt the hybrid parliament will have yet another distinctive vibe.</p><img src="https://counter.theconversation.com/content/144602/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Michelle Grattan does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>History will be made when the federal parliament commences its first “hybrid” sitting in the fortnight starting next week, with some members connecting virtually.Michelle Grattan, Professorial Fellow, University of CanberraLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1439902020-08-10T07:04:11Z2020-08-10T07:04:11ZWant to see a therapist but don’t know where to start? Here’s how to get a mental health plan<figure><img src="https://images.theconversation.com/files/351514/original/file-20200806-16-uzr9o6.jpg?ixlib=rb-1.1.0&rect=0%2C7%2C5296%2C3517&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">
</span> <span class="attribution"><span class="source">Shutterstock</span></span></figcaption></figure><p>Last week, the Australian government announced it will provide <a href="https://www.health.gov.au/ministers/the-hon-greg-hunt-mp/media/additional-covid-19-mental-health-support">ten extra</a> Medicare-subsidised psychological therapy sessions for Australians in lockdown areas due to COVID-19.</p>
<p>In such a stressful time, many people are <a href="https://theconversation.com/coronavirus-is-stressful-here-are-some-ways-to-cope-with-the-anxiety-133146">experiencing poorer mental health</a>, and some need additional support. However, our mental health system is <a href="https://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Former_Committees/mentalhealth/report/c02">complex and fragmented</a>, so it can be challenging to find the care you need.</p>
<p>Here’s how to start seeing a therapist if you never have before.</p>
<p><div data-react-class="Tweet" data-react-props="{"tweetId":"1290435571886825472"}"></div></p>
<h2>What is a mental health treatment plan?</h2>
<p>Under Medicare, you can already <a href="https://gpmhsc.org.au/info/detail/5d8b726e-e985-45ea-8bc5-00d1ec3cc5ca/mental-health-and-how-your-gp-can-help">access ten subsidised sessions</a> per calendar year with a registered psychologist, social worker or occupational therapist. Twenty sessions are now subsidised “for anybody who has used their initial ten services in a lockdown area under a public health order,” <a href="https://www.health.gov.au/ministers/the-hon-greg-hunt-mp/media/doorstop-interview-in-melbourne-on-2-august-2020">said</a> Federal Health Minister Greg Hunt. Currently this includes all of Victoria.</p>
<p>But to get access to these sessions, first you need to get a <a href="https://www1.health.gov.au/internet/main/publishing.nsf/Content/betteraccess_factsheet_for_patients">mental health treatment plan</a> from your GP. This involves an assessment of your physical and mental health, and a discussion of your particular needs. The GP then helps you decide what services you need. </p>
<p>All GPs who write mental health treatment plans have undergone <a href="https://theconversation.com/your-first-point-of-contact-and-your-partner-in-recovery-the-gps-role-in-mental-health-care-124083">additional training in mental health</a>. There are also plenty of <a href="https://www.blackdoginstitute.org.au/wp-content/uploads/2020/04/2-findingamentalhealthfriendlydoctor.pdf">GPs with further interest and expertise</a> in this area. It can be helpful to ask for recommendations from friends and family if you are unsure who to see. </p>
<p>Physical and mental health issues <a href="https://nswmentalhealthcommission.com.au/sites/default/files/publication-documents/Physical%20health%20and%20wellbeing%20-%20final%208%20Apr%202016%20WEB.pdf">frequently overlap</a>, so a visit to a GP is an opportunity to assess any physical issues that may impact mental health as well. The GP should explore a person’s strengths and vulnerabilities, before agreeing on a plan for care.</p>
<p>Generally, this process takes 30-40 minutes, so it’s important to book a longer consultation with your doctor. At the end of this consultation, you can have a copy of the plan, and it’s also sent to the therapist of your choice. Once the mental health plan is billed to Medicare, you can get subsidised sessions with your preferred therapist. You will need to make the appointment with the therapist, but GPs or practice nurses will often help make this appointment for patients who are feeling too unwell to manage this phone call. </p>
<h2>Using telehealth</h2>
<p>Telehealth enables you to get care from your GP by phone or video. The Medicare requirements of telehealth are changing rapidly, so check when you make your appointment to see if telehealth is available and to make sure you will be eligible for a Medicare rebate for this consultation. </p>
<p>At the moment, <a href="http://www.mbsonline.gov.au/internet/mbsonline/publishing.nsf/Content/Factsheet-TempBB">to get a Medicare rebate for telehealth</a>, you must have seen the GP in their practice face-to-face at some point in the past 12 months.</p>
<p>But this requirement doesn’t apply to:</p>
<ul>
<li><p>children under 12 months</p></li>
<li><p>people who are homeless</p></li>
<li><p>patients living in a COVID-19 impacted area</p></li>
<li><p>patients receiving an urgent after-hours service</p></li>
<li><p>patients of medical practitioners at an Aboriginal Medical Service or an Aboriginal Community Controlled Health Service.</p></li>
</ul>
<p>So if you live under the Victorian lockdowns, you can get a mental health care plan via telehealth, even if you have not seen the GP before. </p>
<p>Once you’ve got your care plan, you can do the therapy sessions via telehealth too. And you can now <a href="http://www.mbsonline.gov.au/internet/mbsonline/publishing.nsf/Content/Factsheet-TempBB">claim them under Medicare</a> (though this wasn’t the case before COVID-19).</p>
<hr>
<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/coronavirus-has-boosted-telehealth-care-in-mental-health-so-lets-keep-it-up-137381">Coronavirus has boosted telehealth care in mental health, so let's keep it up</a>
</strong>
</em>
</p>
<hr>
<figure class="align-center ">
<img alt="A patient and a doctor doing a consultation via video call" src="https://images.theconversation.com/files/351509/original/file-20200806-20-jtm8z9.jpg?ixlib=rb-1.1.0&rect=0%2C5%2C3936%2C2610&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/351509/original/file-20200806-20-jtm8z9.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=400&fit=crop&dpr=1 600w, https://images.theconversation.com/files/351509/original/file-20200806-20-jtm8z9.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=400&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/351509/original/file-20200806-20-jtm8z9.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=400&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/351509/original/file-20200806-20-jtm8z9.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=503&fit=crop&dpr=1 754w, https://images.theconversation.com/files/351509/original/file-20200806-20-jtm8z9.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=503&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/351509/original/file-20200806-20-jtm8z9.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=503&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px">
<figcaption>
<span class="caption">Many GP clinics and psychologists are now conducting sessions via phone or video call.</span>
<span class="attribution"><span class="source">Shutterstock</span></span>
</figcaption>
</figure>
<h2>Choosing a therapist</h2>
<p>Your GP can help you choose a therapist, but it’s important to think about what you need from a psychologist. Psychological care can range from coaching when life is particularly challenging, to deep and complex work helping people manage mental health disorders or trauma.</p>
<p>Also consider the sort of person you prefer to see. Some people prefer practitioners from a particular cultural group, gender or location. You may have a preference for a very structured, problem-solving style, or you may want someone with a more conversational style. You may also have a preference for the type of therapy you need. If your GP can’t recommend someone appropriate, or if you are having trouble finding someone who is available to meet your needs, the Australian Psychological Society has a <a href="https://www.psychology.org.au/Find-a-Psychologist">searchable database of therapists</a>.</p>
<p>Psychologists, occupational therapists and social workers must be registered under Medicare to provide these services, so it’s important to check this with the receptionist when you make your appointment. The Medicare rebate varies according to the qualifications of the practitioner, and a psychologist’s fees may be well above the rebate, so clarify your expected out-of-pocket expenses when you make an initial appointment.</p>
<p>A clinical psychologist has additional training, and will give you a rebate of around $128, whereas a general psychologist has a rebate of around $86. Remember that a psychologist may charge well above the rebate, so you may be out of pocket anywhere from nothing to over $200. </p>
<hr>
<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/5-ways-to-get-mental-health-help-without-having-to-talk-on-the-phone-143491">5 ways to get mental health help without having to talk on the phone</a>
</strong>
</em>
</p>
<hr>
<p>If you decide seeing a therapist under a mental health plan is not the right option for you, there are some alternatives. Some non-government organisations, like <a href="https://headspace.org.au">Headspace</a>, provide counselling services through Medicare for no additional cost, as do some <a href="https://www.psychology.org.au/for-the-public/about-psychology/What-does-a-psychologist-do/Psychologists-in-schools">schools</a>. Some workplaces also have psychological options like the <a href="https://www.eapaa.org.au/site/">Employee Assistance Program</a>.</p>
<p>Some people benefit from <a href="https://theconversation.com/5-ways-to-get-mental-health-help-without-having-to-talk-on-the-phone-143491">online programs</a> that teach psychological techniques. <a href="https://headtohealth.gov.au">Head to Health</a> also provides a searchable database of evidence-based sites to explore. Most are free or very low cost. </p>
<p>If you are very unwell, local mental health services attached to public hospitals can provide crisis support and referral. </p>
<p>These are difficult times.</p>
<p>It’s important to at least discuss your situation with someone you trust if you’re having difficulty sleeping, your mood is affecting you or your family, or you’re having frightening or worrying thoughts. Your GP is a good, confidential first port of call.</p>
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<p><em>If you or someone you know needs assistance, contact Kids Helpline on 1800 55 1800, Lifeline on 13 11 14, or Beyond Blue on 1300 22 4636.</em></p><img src="https://counter.theconversation.com/content/143990/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Louise Stone is a member of the federally funded General Practice Mental Health Standards Collaboration, which oversees the quality of GP mental health training in Australia. </span></em></p>It can be daunting trying to work out how to get help with your mental health.Louise Stone, General practitioner; Clinical Associate Professor, ANU Medical School, Australian National UniversityLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1435932020-07-29T04:06:49Z2020-07-29T04:06:49ZWhy is the government restricting Medicare funds for ECGs when expert advice says exactly the opposite?<figure><img src="https://images.theconversation.com/files/350087/original/file-20200729-19-3zeqde.jpg?ixlib=rb-1.1.0&rect=0%2C147%2C4108%2C2545&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">
</span> <span class="attribution"><span class="source">Shutterstock</span></span></figcaption></figure><p>From August 1, if the federal government has its way, Medicare will <a href="https://www.abc.net.au/news/2020-07-28/medicare-changes-to-heart-procedures-could-hamper-patient-care/12496894">stop paying</a> for GPs to interpret common heart tests called electrocardiograms, or ECGs.</p>
<p>Health Minister Greg Hunt says the decision is based on safety advice from a top-level medical expert panel convened by the government to review Medicare rebates. But a closer look at the advice reveals the panel suggested precisely the opposite.</p>
<p>And by treating ECG interpretation as a specialised task rather than an everyday part of a GP’s toolkit, the change risks making it harder and more expensive for patients to access these simple but potentially life-saving tests.</p>
<h2>What are ECGs?</h2>
<p><a href="https://www.healthdirect.gov.au/electrocardiogram-ecg">ECGs</a> are tracings of the heart’s electrical activity. If you’ve watched a medical drama on TV and seen a flat line on a screen bounce back to a healthy wobbly line as a patient is rescued from cardiac arrest, you’ve seen an example of an ECG – it’s that wobbly line.</p>
<p>In fact, ECGs in real life typically consist of 12 different wobbly lines (a so-called “12-lead ECG”), as the heart’s electrical activity is measured from different directions. If you’ve had one yourself, you may remember sticky patches being placed on your skin, and a tangle of wires connecting these patches to a special machine that prints out the ECG trace.</p>
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Read more:
<a href="https://theconversation.com/your-apple-watch-can-now-record-your-ecg-but-what-does-that-mean-and-can-you-trust-it-103430">Your Apple Watch can now record your ECG – but what does that mean and can you trust it?</a>
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<p>These tests are a common tool for many doctors, including GPs. All medical students are expected to learn to interpret an ECG – it is not a test reserved for cardiologists.</p>
<p>There are all sorts of situations in which a GP may need to use and interpret an ECG. One obvious example is when a patient is suffering chest pain that could be due to a <a href="https://theconversation.com/how-australians-die-cause-1-heart-diseases-and-stroke-57423">heart attack or angina</a>. Others include assessing unusual heart rhythms, such as <a href="https://theconversation.com/getting-to-the-heart-of-the-matter-on-stroke-7180">atrial fibrillation</a>, which is a common and important risk factor for stroke that <a href="https://www1.racgp.org.au/ajgp/2019/october/atrial-fibrillation">GPs are encouraged to detect and treat</a>.</p>
<p>ECGs are so fundamental that Australian general practices <a href="https://www.racgp.org.au/running-a-practice/practice-standards/standards-5th-edition/standards-for-general-practices-5th-ed">are required to demonstrate “timely access” to an ECG machine</a> as part of their accreditation.</p>
<h2>What is the government proposing?</h2>
<p>Medicare has for many years <a href="http://www9.health.gov.au/mbs/fullDisplay.cfm?type=item&q=11700&qt=item&criteria=11700">funded the tracing and reporting of ECGs</a> in general practice. The government <a href="https://www1.racgp.org.au/newsgp/professional/gps-call-out-ridiculous-changes-to-cardiac-imaging">is now proposing to remove funding</a> of the reporting of ECGs from GPs. Funding for interpretation or reporting of ECGs will be restricted to specialists.</p>
<p>Under the new plan, public funding for ECGs in general practice will be restricted to producing (rather than interpreting) the trace. This is a technical task rather than a medical one, and many GPs, who rightly feel qualified to interpret ECGs, <a href="https://www1.racgp.org.au/newsgp/professional/gps-call-out-ridiculous-changes-to-cardiac-imaging">find this insulting</a>.</p>
<p>More importantly, this loss of funding may harm patients. As shadow health minister Chris Bowen <a href="https://www.abc.net.au/news/2020-07-28/medicare-changes-to-heart-procedures-could-hamper-patient-care/12496894">has explained</a>, an increase in out-of-pocket costs to patients, or a reduction in funding to general practice, may limit availability of this important test to people who need it. There is <a href="https://theconversation.com/six-dollar-co-payment-to-see-a-doctor-a-gps-view-21915">good evidence</a> out-of-pocket costs limit access to health care.</p>
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Read more:
<a href="https://theconversation.com/six-dollar-co-payment-to-see-a-doctor-a-gps-view-21915">Six dollar co-payment to see a doctor: a GP's view </a>
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<p>While traces can be forwarded to a cardiologist for interpretation, this too may involve costs, and may be difficult in rural and remote areas.</p>
<h2>The health minister’s explanation doesn’t stack up</h2>
<p>Pressed to justify these proposals, health minister Greg Hunt this week <a href="https://www.theguardian.com/australia-news/live/2020/jul/28/coronavirus-australia-victoria-aged-care-outbreak-melbourne-sydney-nsw-qld-andrews-berejiklian-morrison-latest-updates?CMP=share_btn_tw&page=with:block-5f1f4d798f080665365e6caf#block-5f1f4d798f080665365e6caf">told the ABC</a>:</p>
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<p>This came from a medical expert panel. It came from what’s known as the Medicare taskforce, led by Prof Bruce Robinson. It’s the highest clinical advice and it was based on safety.</p>
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<p>A Department of Health spokesperson <a href="https://www.abc.net.au/news/2020-07-28/medicare-changes-to-heart-procedures-could-hamper-patient-care/12496894">offered a similar line</a> to the ABC in a news article this week.</p>
<p>The taskforce (formally called the <a href="https://www1.health.gov.au/internet/main/publishing.nsf/Content/MBSReviewTaskforce">Medicare Benefits Schedule Review Taskforce</a>) has been working to reform the Medicare schedule – that is, the list of medical services funded by Medicare. This is a fine initiative, which brings evidence and expertise to the task of modernising Medicare. Appropriately, it enjoys the bipartisan support of our major parties. It is laudable when the government follows such independent expert advice.</p>
<p>The problem here is that, contrary to Hunt’s claim, the MBS Review Taskforce did not recommend that Medicare stop paying for GPs to interpret ECGs. On the contrary, the taskforce explicitly recommended the opposite. </p>
<p>The <a href="https://www1.health.gov.au/internet/main/publishing.nsf/Content/F9DA276B6A541A82CA2581C2006F875C/$File/MBS%20Review%20Taskforce%20Recommendations%20-%20Cardiac%20Services%20Report%20PDF%20version.pdf">344-page final report of the taskforce’s Cardiac Services Clinical Committee</a> is pretty dry reading, but if you make it as far as page 200 you’ll find it acknowledges the importance of ECGs in general practice. In fact, the report explicitly proposes a new Medicare rebate to “allow all practitioners to take and interpret an ECG when clinically required”.</p>
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<a href="https://images.theconversation.com/files/350076/original/file-20200729-15-1moearw.png?ixlib=rb-1.1.0&q=45&auto=format&w=1000&fit=clip"><img alt="Screenshot of a section of the report" src="https://images.theconversation.com/files/350076/original/file-20200729-15-1moearw.png?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/350076/original/file-20200729-15-1moearw.png?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=171&fit=crop&dpr=1 600w, https://images.theconversation.com/files/350076/original/file-20200729-15-1moearw.png?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=171&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/350076/original/file-20200729-15-1moearw.png?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=171&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/350076/original/file-20200729-15-1moearw.png?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=215&fit=crop&dpr=1 754w, https://images.theconversation.com/files/350076/original/file-20200729-15-1moearw.png?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=215&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/350076/original/file-20200729-15-1moearw.png?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=215&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px"></a>
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<span class="caption">The taskforce’s heart committee recommended Medicare funding all practitioners to take and interpret ECGs.</span>
<span class="attribution"><a class="source" href="https://www1.health.gov.au/internet/main/publishing.nsf/Content/F9DA276B6A541A82CA2581C2006F875C/$File/MBS%20Review%20Taskforce%20Recommendations%20-%20Cardiac%20Services%20Report%20PDF%20version.pdf">Dept of Health</a></span>
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<p>Instead, the federal government has proposed an <a href="http://www.mbsonline.gov.au/internet/mbsonline/publishing.nsf/Content/17C7BC57C362E844CA258591000B2432/$File/Quick%20Reference%20Guide%20-%20Changes%20to%20cardiac%20ECG%2020620.pdf">array of new ECG rebates</a>, none of which would fund GPs to interpret ECGs.</p>
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Read more:
<a href="https://theconversation.com/explainer-what-is-medicare-and-how-does-it-work-22523">Explainer: what is Medicare and how does it work?</a>
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<p>Granted, health policy is a complex area, even when there isn’t a pandemic unfolding. Nevertheless, this seems to be a clear case of expert advice not being translated into policy.</p>
<p>I would urge Hunt and his department to heed the advice of their own expert taskforce, and the concerns raised on behalf of GPs and their patients, and reverse their plans to defund ECG interpretation in general practice – or at least offer a full explanation as to why they are proceeding with this policy.</p><img src="https://counter.theconversation.com/content/143593/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Brett Montgomery works as a general practitioner, mostly academically but also clinically. In his clinical role he and his patients benefit from Medicare funding of his interpretation of ECGs. He is affiliated with several organisations with health policy interests, including the Royal Australian College of General Practitioners, the Doctors Reform Society and the Australian Greens. However, he writes this article in a personal capacity.</span></em></p>Electrocardiograms are a common tool used by GPs to spot heart problems, and every medical student is trained to interpret one. Yet the government plans to remove Medicare funding for GPs to do this.Brett Montgomery, Senior Lecturer in General Practice, The University of Western AustraliaLicensed as Creative Commons – attribution, no derivatives.