Yes, Premier Andrews has outdone himself, which is difficult to believe given his tirades about murderous sunsets and deadly playgrounds.

Yet here we are.

In outdoing himself, Daniel Andrews announced that all authorized workers must be fully vaccinated against COVID19 by the end of November. At first blush this sounds a bit immoderate. Once you look up the definition of Authorized Worker, it becomes clear that the policy is totally outrageous.

Why?

Well, in the glorious socialist state of Victoria an authorized worker includes, amongst other things, journalists, judges, state and federal parliamentarians, road maintenance workers, faith leaders, farmers, domestic and commercial waste workers, interpreters, commonwealth agency workers, pool and spa maintenance workers, and forestry workers. Basically, it’s a list of pretty much everyone, including many occupations where people work on their own or outside.

Up to this point we have only seen the vaccination mandated in certain industries where there is a need to protect the vulnerable. Most states have mandated vaccination for health care workers and the Federal government has mandated the vaccine for aged care workers. I still think an industry-wide ban is a bit excessive – because someone working in payroll at head office for an aged care provider is no greater risk to the vulnerable than someone working in payroll at head office for a marking firm – but at least in the instances of aged care and health, the mandate is contained and rationalized.

In the case of Victoria, what possible danger do many of those working in the above-mentioned fields pose to vulnerable groups? Very little, if any. It’s a blunt-force policy which is unlikely to materially downgrade the level of public risk. In fact, overkill and coercion are likely to put people offside and cause them to dig in their heels. It’s a good thing we don’t have a labour shortage and those people can be stood down and replaced with new staff.

Oh, wait…

Anyway, the critical point is that vaccination should not be mandated wholesale simply to increase the overall vaccination rate. It should be a precision instrument to protect the vulnerable. Andrews says that the broader mandate for the vaccine is required so that in the event of a spike in COVID-19 cases, Victorian hospitals are not overwhelmed. Actually, instead of imposing this requirement on citizens, the Victorian government could’ve just done its job and spent the last 18 months getting the hospitals ready so that they could handle an outbreak.

Four thousand ICU beds, anyone?

While Daniel Andrews might think this is some policy stroke of genius which will save him from his latest COVID-19 related pickle, this public health order, followed by his usual belittling and gaslighting commentary, might not be enough to get him over the line.

Firstly, there is this little peculiarity of our parliamentary democracy called the separation of powers. As the name suggests, the executive, the legislature and the judiciary operate separately, and as such, the executive tail can’t wag the judicial dog. Insofar as this relates to this latest policy brain fart, it means the Andrews government cannot interfere with the judiciary; it can’t fire judges or their staff or prevent them from undertaking their function. He may also want to flick through Chapter III of the federal Constitution before picking a fight that would likely wind up in the High Court.

Similarly, query the extent to which state government laws can mandate the working conditions for a federal member of parliament or a federal public servant. This rub has wound up in the courts a few times and I don’t think Andrew’s going to like where the precedent resides.

Ultimately, good public policy means using the smallest possible tool to create the best possible public outcome. This, like much of Andrews’ other policy frolics, is a sledgehammer which produces little public benefit.

The notice of motion – distributed to upper house MPs late Thursday night – would see parliamentarians barred from entering the chamber and their security access passes revoked if by October 15 they fail to show proof of their first dose or of an appointment within a week.

Politicians and staffers will have to be fully vaccinated by November 26.

Liberal Democrats upper house members David Limbrick and Tim Quilty have already flagged they will oppose the motion and will refuse to hand over their medical records, despite both being fully vaccinated.

We think this a step too far, this is basically denying elected members of parliament the ability to represent people based on their medical status,” he said.

Mr Limbrick said the notice of motion could be the first ever to prohibit members from parliament based on their medical status.

The Australian approached Victorian Attorney-General Jaclyn Symes for comment.

The move comes after the state government last week mandated vaccines for all authorised workers.

From October 15, unvaccinated essential workers will be forbidden from working onsite unless they had received their first shot and are required to be double-dosed by November 26.