The Cairns Post

Truth is locked down

Jim’s boss battles on

- SHANNON DEERY

JIM’S Mowing founder Jim Penman is taking a fight for access to the advice behind Melbourne’s world record pandemic lockdown to the Supreme Court.

Mr Penman is backing a claim for lockdown compensati­on, brought by one of his franchisee­s, and has slammed government secrecy in the fight.

Access to documents – including drafts, advice, emails, texts and file notes – that he believes were central to lockdown decisions was this week refused by the Victorian Civil and Administra­tive Tribunal.

But Mr Penman, who believes there was never any reason to ban independen­t sole operators, such as gardeners, from working, said he would appeal the decision to the Supreme Court.

“It’s absolutely outrageous. It’s an extraordin­ary decision,” he said.

“What they’re basically saying is, ‘We’ve thrown hundreds of thousands of Victorians out of work, we had very good reason for it, but we don’t have to tell you what it was.’

“It’s outrageous. It means they can do anything they like and they don’t need a good reason.”

Mr Penman said he wanted to know why independen­t sole operators like lawn mowing contractor­s, working alone, were banned from working.

He believes there was never a justificat­ion for the move.

“The misery that it caused was appalling. It really was,” he said.

“These decisions have terrible consequenc­es, when there’s no valid reason for them in health terms.

“I’m a big supporter of the government when it comes to reasonable things like vaccinatio­ns, we’ve run a campaign to support vaccinatio­n.

“We’re in favour of that. We’re really, really strongly in favour of controllin­g the epidemic.

“But for the government to act outrageous­ly, just on the personal whim of the Premier, is just extraordin­ary.”

VCAT had been asked to overturn a decision of the secretary of the Department of Health to refuse compensati­on of $24,000 a week to a single franchisee who was prevented from operating his business during the lockdowns.

The department refused to produce copies of documents created in the process of preparing 31 specified directions between July 31 and October 27, 2020.

The documents sought include all drafts of any of the 31 directions, memorandum­s, instructio­ns, advice and similar documents received from chief health officer Professor Brett Sutton or the Department of Health.

But VCAT member Jonathan Smithers refused the request, saying “the documents sought are not relevant to the review of the secretary’s decision of September 28, 2020”.

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