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O'Brien-O'Donohue - Curfew challenge set for the Supreme Court

Tuesday, 15 September 2020

Wednesday 16 September 2020

Curfew challenge set for the Supreme Court

The Liberal Nationals welcome the legal action brought in the Supreme Court of Victoria by Ms Michelle Loielo against the Andrews Labor Government’s curfew.

Never before have 5 million Victorians been locked in their homes under government edict.

Ms Loielo said the curfew has had a dramatic impact on her, her business and her family.

“If this curfew continues for much longer, I have grave fears for both my business and my ability to provide for my three children,” she said.

No public health justification has been made for the curfew, despite it being imposed under public health legislation.

Both the Chief Health Officer and the Chief Commissioner of Police have called out Daniel Andrews by stating the curfew was not their idea.

The legal team representing Ms Loielo is NOH Legal. Its director, Omar EL-Hissi, said the case would challenge the validity of the curfew that has been imposed on all Melburnians.

“Ms Loielo claims that her human rights of liberty and freedom of movement have been impacted by this arbitrary decision,” Mr El-Hissi said.

“She seeks to overturn the curfew so that she, her three young children can gain some of their life back.”

Daniel Andrews has confirmed that the curfew was his decision – the ultimate captain’s call – despite no request from public health or law enforcement.

Many Victorians, including Ms Loielo, have had their lives adversely impacted by the curfew and the severe restriction on personal movement.

The legal action will test this extraordinary coercive power that Daniel Andrews has imposed on Victorians.

Daniel Andrews’ curfew is an unwarranted restriction of Victorians’ freedoms and liberties.

Comments attributable to the Leader of the Opposition, Michael O’Brien:

“The curfew is wrong, has no public health basis and is a massive imposition on the basic rights of Victorians.

“The prospect that the Labor Government acted unlawfully in imposing this curfew should send a chill down the spine of every Victorian.

“It is in the public interest for the lawfulness of Labor’s curfew to be tested given how many Victorians are affected by it.

“More than five million Melbournians are subject to Daniel Andrews’ curfew, despite the Chief Health Officer and Chief Commissioner of Police never requesting it.”

Comments attributable to the Shadow Attorney-General, Edward O’Donohue:

“This vital public interest legal action will examine the power that Daniel Andrews has purported to exercise to impose the curfew.

“The time will soon come for Daniel Andrews to come clean; Victorians deserve the truth.”