OPINION
a group of three people having a walk in the park being told by police that are breaching a law that carries an on the spot fine of $1000 - and up to six months in prison or an $11,000 fine if the matter goes to court - as is the case in NSW, when such laws were summarily imposed the previous night. The Government will still have access to some of these powers after the COVID-19 crisis is over. South Australia has recently amended its Public Health Act, expediting Government access to broad powers to quarantine and detain people suspected of being exposed to an infectious disease. This law will remain after the pandemic passes. The extent to which the public trusts the government to protect them will be in part determined by the manner in which police enforce the directives. If an inflexible and heavy-handed approach is taken, or people don’t accept the rationale behind the restrictions, resentment may build and suspicion of authority could undermine efforts to rally the public to act
for the common good. While desperate times call for desperate measures, it should not mean the State should expect to exercise its extraordinary powers without scrutiny. It is appropriate that a COVID-19 Response Committee has been established in the South Australian Parliament. It will have an important role to play in the monitoring and scrutinising of actions and decisions which may impact upon rights and liberties during COVID-19. The COVID-19 pandemic has enlivened incredibly broad and coercive powers never seen before and inevitably create a tension between public health measures and individual rights and freedoms. As the COVID-19 situation evolves, the Committee has an important role to ensure that emergency measures are necessary, reasonable and proportionate in the circumstances, and whether alternative, less intrusive measures (such as broader testing) are reasonable as the threat slowly subsides. Accountability is key. So far, it seems South Australia’s
approach has been firm but fair. There have not been the reports of over-zealous police as has been the case in other jurisdictions, nor have SA’s restrictions followed the lockdown scenarios of some of the other States, thanks in large part to the community’s attentiveness to the Government’s social distancing advice and by virtue of not being an international tourist epicentre like some of the other States. The intrusive directives to stay at home unless necessary to go out have prevented the hospitals being overwhelmed with patients. We are doing the right thing. But stopping the spread comes at an inevitable cost. The financial burden alone is colossal. On a personal level, I have felt stifled, anxious, stressed and at times lonely, despite being one of the lucky ones who has the luxury of a loving family to isolate with. Living like this for months on end is a daunting prospect, and reinforces how important it is to protect our civil liberties. One thing is for sure, I will never take my freedom for granted again. B
New Court of Appeal welcomes Justice Bleby
T
he Society congratulates Dr Chris Bleby SC on his appointment to the newly established South Australian Court of Appeal. The Solicitor General will sit on the Supreme Court, beginning on 4 May, until the Court of Appeal commences in January. Dr Bleby gained an Honours Arts degree, then a first-class Honours Law degree before being admitted to legal practice in South Australia in 1995 and working as judge’s associate in the Supreme Court. In 2000 he was awarded a doctorate in Laws from the University of Cambridge where he also worked as a Supervisor in Public Law for a year. He has published extensively on legal topics has built up experience in legal practice in administrative, constitutional,
commercial, criminal, industrial, taxation and succession law. In 2000, Dr Bleby joined the South Australian Bar and took silk in 2012. He joined the Crown Solicitor’s Office in 2014 and became Solicitor General in 2016. Attorney General Vickie Chapman said: “I’m confident he will serve the new Court with distinction.” “This appointment will help alleviate existing workloads within the Supreme Court while also ensuring the Court has flexibility to continue hearing matters.” Law Society President Tim White said: “Dr Bleby’s appointment is a fantastic one and he will no doubt serve the role with the integrity, commitment and intellectual rigour he has always demonstrated.” Crown Solicitor Mike Wait SC will take over the position of Solicitor-General on 3 August 2020. B May 2020 THE BULLETIN
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