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Loielo v Giles [2020] VSC 722
JUDICIAL REVIEW, HUMAN RIGHTS
Supreme Court of Victoria
Division:
Common Law Division
Judge(s):
Ginnane J
Parties:
Loielo, Michelle v Giles, Associate Professor Michelle (in her capacity as Deputy Public Health Commander as authorised to exercise emergency powers by the Chief Health Officer under section 199(2)(a) of the Public Health and Wellbeing Act 2008 (Vic))
Judgment Date:
2 November 2020
Catchwords:
JUDICIAL REVIEW - COVID 19 Pandemic - State of emergency - Directions by authorised officer - Stay at Home Directions - Whether power to impose Curfew - Whether plaintiff had standing - Whether authorised officer acted at the direction or behest of the Premier - Whether Curfew decision unreasonable, irrational or illogical - Public Health and Wellbeing Act 2008 ss 4, 5, 6, 7, 8, 9, 10, 11, 111, 197, 198, 199, 200.
HUMAN RIGHTS - COVID-19 Pandemic - Stay at Home Restrictions - Curfew - Right of freedom of movement - Right to liberty - Whether restrictions on rights proportionate - Whether less restrictive means reasonably available - Whether act of imposing Curfew incompatible with human rights - Whether proper consideration given to human rights in making Curfew decision - Plaintiff's standing to bring Charter claims - Charter of Human Rights and Responsibilities Act 2006 ss 7(2), 12, 21, 38, 39.
Citation: