Is the Victorian Travel Permit System in harmony with the Parliaments Human Rights Obligations?

Can a direction (Which is not a statutory provision) from a medical officer limit your freedom of movement? The ex-attorney general for Victoria clearly stated that the Human Rights and Responsibilities Act 2006 was in full force during the pandemic, section 12 provides the following:

CHARTER OF HUMAN RIGHTS AND RESPONSIBILITIES ACT 2006 –

SECT 12

Freedom of movement

Every person lawfully within Victoria has the right to move freely within Victoria and to enter and leave it and has the freedom to choose where to live.

CHARTER OF HUMAN RIGHTS AND RESPONSIBILITIES ACT 2006 –

SECT 38

Conduct of public authorities

(1)     Subject to this section, it is unlawful for a public authority to act in a way that is incompatible with a human right or, in making a decision, to fail to give proper consideration to a relevant human right.

(2)     Subsection (1) does not apply if, as a result of a statutory provision or a provision made by or under an Act of the Commonwealth or otherwise under law, the public authority could not reasonably have acted differently or made a different decision.

Example

Where the public authority is acting to give effect to a statutory provision that is incompatible with a human right.

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Victorian Travel Permit System – Overview

You need a permit to enter Victoria

You will need to apply for a permit to enter Victoria from anywhere in Australia.​

This helps protect Victoria from the spread of coronavirus and manage any outbreaks.​

Each adult needs their own permit.

The type of permit you need will depend on where you have been in the past two weeks. Click here for

.

​If you have been in:

  • a green zone, you will be able to apply for a permit and enter Victoria. Once in Victoria you should watch for symptoms and get tested should you feel unwell.​
  • an orange zone, you will be able to apply for a permit and will have to take a coronavirus (COVID-19) test within 3 days of your arrival in Victoria and isolate until you receive a negative test result.
  • a red zone, you will only be able to apply for a permit as a

    , or to transit through Victoria to another state or territory. You may also apply here for an

    . Exemptions are only granted in special cases. If you try to enter Victoria by road without a valid permit, exemption or exception you will be turned away. If you attempt to enter via an airport or seaport without a valid permit, exemption or exception you will be fined $4957. Victorians will be required to quarantine at home, and others will be sent back.

  • a NSW-Victorian cross-border community. If you are a resident, you will be able to enter Victoria without a permit, but you must carry photo ID and proof of your address.​
Your permit must  be valid at the time of travel
Conditions may change.

and check again before you travel.

You need to reapply if conditions change because your permit may no longer be valid.​

Exceptions
You may enter Victoria without a permit in certain, limited circumstances, such as to provide or receive emergency medical care.
Travelling through other zones
A green zone and orange zone permit allows you to pass through other zones if you agree to take
Protecting your privacy:
We’ll pass on the info you give us to DHHS for outbreak control and contact tracing use, or to assess your request for an exemption. We won’t use your info for any other purpose unless authorised by law.
For more information you can call the 24/7 coronavirus hotline

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