Andrews Government Offers $5 Million to Shut Down COVID-19 Lockdown Class Action

Former MP says Labor government will hope settlement can scuttle further actions

A general view of police and Ambulance services at the front of Flemington Public housing flats on July 05, 2020 in Melbourne, Australia. Asanka Ratnayake/Getty Images

The Victorian government is offering $5 million in compensation to end an ongoing class action against it in response to placing nine public housing towers under strict lockdowns in 2020.

Over 3,000 residents across nine public housing towers in North Melbourne and Flemington in Australia were detained—without notice—in their apartments from July 4 to either July 9 or 18 in, 2020.

The claim, filed (pdf) in 2021 in the Victorian Supreme Court, claimed that residents were deprived of access to fresh air, exercise, and activities during the lockdown. It also alleges that residents were left without medication and critical supplies and were served “spoiled” food.

Lead plaintiff Idris Hassan, who lives in a North Melbourne public housing tower with his wife and three children, claimed his family were supplied with four “partially defrosted” sausage rolls after receiving nothing for three days.

A man is seen seeking to deliver groceries to a family who live at the Flemington Public housing flats and speaks to police in an effort to get access in Melbourne, Australia, on July 5, 2020. Asanka Ratnayake/Getty Images

The sausage rolls were not “fit for human consumption” and did not take into account their religious dietary requirements.

Hassan’s nine-year-old son also suffered asthma attacks after running out of medication during the lockdown, with the family forced to live off “nuts and beans,” the action claimed.

The Victorian government has denied several of these claims, while last week, a notice of the settlement was placed on the Victorian Department of Health’s website.

“The plaintiffs and the State of Victoria have agreed to resolve this class action so that money is paid to eligible group members of the class action. This is called a settlement. The settlement will only take effect if it is approved by the Supreme Court,” the website said.

The legal fees incurred by the plaintiffs will not be deducted from the $5 million and will instead be paid by the state.

In response, Barry Berih, tower resident and community leader, said the plaintiffs would discuss the offer, but an apology would also be sought.

“I feel very disgusted in terms of this offer, but we have to actually work together as a community to move forward,” Berih told ABC radio.

Lines of Healthcare professionals are seen entering the North Melbourne Public Housing tower complex in Melbourne, Australia, on July 8, 2020. Darrian Traynor/Getty Images

A spokesperson for the Victorian government said it worked with public health experts to determine the response to the pandemic.

“As a part of the overall public health response to a once-in-a-100-year pandemic, measures were necessary to protect all Victorians and save lives, especially the most vulnerable in our community—particularly given the slow roll out of vaccines by the Morrison government,” the spokesperson said in comments obtained by AAP.

Labor Government Hopes This Will End Further Action, Former MP Says

Former Liberal Party MP Neil Angus said the sudden lockdown of the public housing towers was a “flagrant breach of human rights” by current Premier Daniel Andrews.

“There was no warning given to the residents before hundreds of uniformed police surrounded and cordoned off the area,” he told The Epoch Times in an email. “Residents were trapped in their homes, in some cases without basic requirements such as food and medicines.”

“The premier will be desperately hoping that the $5 million offer will finally silence the residents and stop any further legal action,” he said. “However, given the number of residents involved and the appalling treatment that was meted out, this is very unlikely,” he added.

“Small business owners, as well as vaccine-injured Victorians, could well be next.”

Angus also said despite the restrictions, Victoria still recorded the largest case numbers and highest death rate in the country.

The conclusion of the class action also comes as the “zeitgeist” around pandemic management continues to shift, with many authorities now recognising the weaknesses with hard lockdowns, mandates, and vaccine efficacy.

The federal government is currently dealing with its own class action over vaccine injuries, including around 500 claimants.

Questions Continue Over Premier Andrew’s Handling of the Pandemic

The Victorian Ombudsman, Deborah Glass, has previously found that the decision to detain public housing residents without notice was “contrary to the law” and has called on the state government to apologise to residents.

A stance the government is steering clear of.

Victorian Premier Daniel Andrews speaks to the media during a press conference in Melbourne, Australia, on March 7, 2023. AAP Image/Joel Carrett

“The government rejects the opinions or findings regarding the lawfulness or legitimacy of the emergency response. The government has at all times acted lawfully and within the applicable legislative framework,” the premier’s office said in late 2020.

“The alternative of seeing the virus spread further and endangering the lives of residents and the surrounding communities was simply not acceptable.”

Glass has maintained her criticism and frustration at the Andrews government on the issue.

“It was a lack of nuance that permeated the government’s response to the lockdown in the public housing towers in July 2020,” she said at a book launch in August 2020. “And it was the lack of nuance in discretionary decision-making that kept so many Victorians locked out of their home state in 2021.”

“We will never know the rationale for the actual decision because the Premier declined to release cabinet in confidence documents ... but what happened looked like a security operation, not a public health one,” Glass said in comments obtained by the Australian Financial Review.

State opposition Cabinet Secretary Evan Mulholland said the Labor government needed to apologise.

“These are the most vulnerable members of our community, and they were treated like prisoners by Andrews and Labor,” he said in a statement to The Epoch Times.

“The communities in Flemington and North Melbourne are home to many migrant families, who fled conflict overseas, only to have their most basic human rights taken from them by this Labor Government.”