The immediacy of the hard lockdown of nine public housing towers in Melbourne was not based on direct health advice and violated state human rights laws, the Victorian Ombudsman has found.
The Ombudsman's report, tabled in parliament on Thursday, said the "rushed lockdown" of the towers in North Melbourne and Flemington on 4 July amid spiralling coronavirus infections was "not compatible with the residents' human rights", an allegation disputed by the state government.
Following an outbreak of COVID-19 cases linked to the buildings, about 3,000 residents across nine towers were prevented from leaving their apartments for any reason for at least five days, in restrictions that were significantly more onerous than the wider Melbourne lockdown.
Ombudsman Deborah Glass called on the Victorian government to apologise to the residents of the towers for failing to give sufficient warning of the incoming lockdowns, describing it as an important step in "restoring community trust".
"The government need not apologise for taking necessary and difficult action to keep us all safe in the face of this pandemic," she told reporters on Thursday.
"But the rushed decision to detain 3,000 people immediately did not appear to have been taken on such health advice."
Ms Glass said her investigation into the detention and treatment of public housing residents found senior health officials agreed the towers should be locked down to control a COVID-19 outbreak on the morning of 4 July.
She said they anticipated the lockdown would start the following day to allow planning for food supplies and other logistics, but Premier Daniel Andrews announced it at a media conference that afternoon.
According to Ms Glass, the immediate start appeared to be traced back to a Crisis Council of Cabinet meeting at 1:45pm on 4 July. She said requests for documents from the Cabinet meeting, which are subject to privilege, were denied.
While the temporary lockdown was found to be warranted - and worked to successfully contain the virus outbreak - its immediacy was not based on direct public health advice, the investigation found.
"Many residents knew nothing of the lockdown or the reason for it when large numbers of police appeared on their estate that afternoon," Ms Glass said.
"The investigation heard that the early days of the lockdown were chaotic, some people were without food and medications.
"At the tower at 33 Alfred Street, the focus of the investigation, residents waited more than a week to be allowed outside under supervision for fresh air.”
At the time, a number of residents told SBS News they had been unable to access essential supplies - including medicine, nappies and milk - and were in some cases living with more than eight people in the small apartment.
Police are seen enforcing a lockdown at public housing towers on Racecourse Road in Flemington, Melbourne. Source: AAP
"I don't think I can handle it anymore ... I am frustrated and angry. I wasn't prepared at all," . "We are in two bedrooms with eight of us ... I can't keep them fed anymore."
Tenants , with many reporting ongoing distress and fear. Calls for help to mental health organisations in the days after the lockdown began.
Ms Glass said while the lockdown was lifted at eight of the nine towers after five days, residents at 33 Alfred Street - where infection rates were highest - were detained for another nine days.
The investigation heard Victoria's Acting Chief Health Officer had about 15 minutes to consider and sign directions for the lockdown prior to the media conference on 4 July, including "potential human rights impacts", and that the "immediacy of the lockdown was not on her advice".
In its response to the report, the Ombudsman said the Victorian government did not agree that the detention may have been contrary to law or that any human rights were breached.
Victoria's Housing Minister Richard Wynne on Thursday disputed that the decision to immediately lock down the towers was not based on health advice and reiterated that the government had complied with all of their legal obligations.
"I think the call that was made was absolutely the right call to ensure the safety of the residents," he said. "We make no apology for saving people's lives."
Ms Glass said her findings were not a criticism of Victorian health officials "who worked tirelessly to support residents and respond to the public health emergency".
"But proper consideration of human rights before the lockdown began would have put health, not security, front and centre," she said.
"In a just society, human rights are not a convention to be ignored during a crisis, but a framework for how we will treat and be treated as the crisis unfolds."
