Victoria Abandons COVID-19 Hotel Quarantine Charges
Evidence provided by health department employees was deemed inadmissible in court due to its prior use in another hearing.
Charges related to COVID-19 hotel quarantine against the Victorian Department of Health have been discarded due to a significant legal loophole.
The charges were dropped by Victorian prosecutors after the testimony of 10 crucial health department witnesses was ruled as inadmissible.
During Victoria’s second wave of COVID-19, which led to over 800 fatalities, 99 percent of cases were linked back to employees at quarantine hotels.
WorkSafe Victoria expressed profound disappointment regarding the decision to halt criminal proceedings against the Department of Health.
The independent regulator had charged the health department with 58 alleged breaches of the Occupational Health and Safety Act in connection with the COVID-19 hotel quarantine program in 2021.
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These charges followed a 15-month investigation involving the review of tens of thousands of documents, including evidence presented in the hotel quarantine inquiry.
Subsequently, in March 2023, a magistrate concluded that there was sufficient evidence to “support a conviction,” leading to the Department of Health being committed to stand trial, according to WorkSafe.
However, after this committal, the health department sought a ruling on the admissibility of evidence based on a reading of the Inquiries Act 1980.
Court Ruling In Favor of Department of Health
On April 9, the county court ruled in favor of the Department of Health to exclude relevant evidence under Section 80 of the Inquiries Act, which states that evidence generated in a board of inquiry cannot be used in other proceedings.
As a result, the statements provided by 10 key witnesses were deemed invalid.
The Victorian Office of Public Prosecutions (OPP) did not challenge this court ruling.
“WorkSafe is deeply disappointed by the decision to discontinue criminal proceedings against the Department of Health in relation to the Victorian hotel quarantine program,” a spokesman for WorkSafe told The Epoch Times.
‘Noone is Going to be Held Accountable’: Opposition
Australia implemented strict border closures in response to the COVID-19 pandemic, requiring returning travelers to undergo 14 days of quarantine in facilities, including in Victoria.
Melbourne, Australia’s second largest state, experienced one of the world’s lengthiest lockdowns under then Premier Daniel Andrews.
Opposition leader John Pesutto expressed concerns that there will be no accountability for the loss of 800 lives in hotel quarantine.
“Victorians will never forget the loss of life on such a significant scale at that time and they would certainly expect a solid basis for this decision,” he continued.
Mr. Pesutto expressed his inability to understand the reasoning behind the decision and called for transparency in revealing any other reasons that led to it.
He highlighted that many Victorians will question why no one will be held accountable for “one of the worst disasters” in Victoria’s recent history.
“I think this will be profoundly disappointing for Victorians. What they want is fair and reasonable accountability. Someone has to be responsible, someone has to be answerable, and it just seems that under this government, no one is held accountable for anything,” he remarked.
Mr. Pesutto emphasized that Victorians seek fairness and consistency in accountability, regardless of individuals involved.
“So whether it’s the COVID inquiry with no accountability, or the current abandonment of a criminal proceeding with no accountability, no one is being held responsible,” he said.
“Is this really how things are managed in Victoria? I believe people will be very disappointed with this outcome.”
Meanwhile, U.S. pilot Aisling Salisbury, a Victorian who traveled between the U.S. and Australia during the pandemic, expressed little surprise at the news.
In her opinion, hotel quarantine was unnecessary, and authorities should have simply allowed the state to reopen initially.
“The lack of accountability in the public service doesn’t shock me,” Ms. Salisbury remarked.
A spokesperson for the OPP, cited by The Age, mentioned that the inadmissible evidence of the 10 witnesses “substantially weakened” the prosecution’s case.
The Victorian government endorsed all recommendations of the COVID-19 Hotel Quarantine Inquiry and undertook actions to implement those recommendations.
The Epoch Times has reached out to the Victorian OPP for comment.
