They can order you to break the law? Force you to violate human rights? 

Well, here in Australia, I very rarely have good things to say about our politicians.

And quite frankly, that’s with good reason because there aren’t very many decent ones. But that’s not to say there are no decent ones. And we have a wonderful MP in South Australia who is fighting the good fight. I’m sorry to say, solo. Her name is Sarah Game. She stood alone against one of the most awful pieces of legislation that I’ve seen come through a state in Australia recently, and that is saying something. And Sarah Game MLC joins me now. Sarah, thank you so much for joining me on the Topher project.

[From video] Thanks so much for having me. [End video]

Uh, it is fair to say that you literally stood alone as the only MP in South Australia. We’re talking at a state level, of course, here, not not about the federal MPs from South Australia, but at a state level, you stood alone against an awful piece of legislation amending emergency powers in South Australia. Unfortunately, there would be a lot of people, even South Australians, who wouldn’t even be aware of this legislation. So, can you start by briefing us a little bit? What was this bill? What does it do? and why were you so opposed to it?

[From video]

Well, that’s right. Well, so to confirm uh what you already said, I absolutely was the lone person in the South Australian Parliament against this piece of legislation. And I have uh noticed a reoccurring theme with that, by the way, uh which is that when I am alone uh in the parliament, uh I’m actually definitely more with the people of South Australia. It’s always well uh received. So, the parliament’s definitely out of touch with the community. What I want to make really clear is that what’s happened uh in this last week in the South Australian Parliament is actually step two uh of a really significant power grab by the Labor government where they’re diminishing the rights of uh the South Australian people to stand up against any abuse of that power. [End video]

Well, I’m sorry to interrupt this interview with Sarah Game MLC. We will get back to her and what’s happening in South Australia in just a moment. But first, my name is Topher Field. This is the Topher project and this is what I do. I bring you stories that other people aren’t covering so that you can stay up to date with the world as it changes around you. Now, I am 100% viewer supported. So, if you appreciate this kind of Australian content by an Australian for Australians about Australia, then please get behind the Topher project by buying me a coffee via the button at topherfield.net and also checking out my books, DVDs, and merch. There’s Good People Break Bad Laws, which is all about civil disobedience in the modern age. There’s Good Christians Break Bad Laws about the theology of civil disobedience. There’s Battleground Melbourne, the DVD of what went down during Covid in Melbourne. And there’s a range of different merch designs in a whole bunch of different styles. Hoodies, long sleeve t-shirts, t-shirts, some designs on the back, some on the front. A range of different ones. Some designed to be funny, some designed to be provocative. All of them designed to start conversations. And everything you buy will help me to keep the Topher project going. So head over to goodpeoplebreakbadlaws.com and check out everything there. Thank you so much. Now, let’s get back to this interview with Sarah MLC.

[From video]

That first step happened by stealth uh largely back in 2022 uh when um the premier stood out on the steps with a couple of other politicians that had helped a piece of legislation passed to really announce hey look we have lifted the emergency declaration after 793 days and I just what really upset me about that announcement was how misleading it was to the South Australian public because they really celebrated for that you know Peter Malinowski and the other politicians, you know, well done you. You’ve lifted uh the emergency declaration 793 days. We are free. We’ve passed this piece of legislation uh public health co amendment bill or something like that. Um but what that bill actually did, and it’s important to look back at that because this is part two of that step. What that bill actually did, they did lift the emergency declaration, but what that bill did was say, “Hey, look, we’re going to lift it for now. Um but in future if we make another um emergency declaration, we can do everything we just did. We can act with low accountability. We can overreach. Um uh we can be uh have no transparency. We can have no accountability. Um but what we’re going to do is just make sure we strip you of more of your public liberty rights and safeguards so that it so that we’re less um we can be more heavy-handed and act without um such restriction. And so it was just that was actually the first piece of legislation that I’d ever dealt with. And it was really interesting to see uh what actually happened to the legislation, what actually happened to people’s rights and what was actually reported in the media. And when that went on social media, um there were so many people congratulating Peter for getting us out of that emergency declaration, but actually he’d stripped people of their um of their actual rights.

This is part two. So this is part two of that power grab. Um so they started the stripping back then. Um but part two basically says okay uh one now we can employ all those um powers but we don’t even have to have an emergency. You know we can just think an emergency might be coming. Now we don’t have to give any evidence as to why we think that. Um but emergency might be coming and so we’re going to declare a state of alert. All right. Um so that we can have all these emergency powers back and we’re going to broaden our powers just a little bit. So that’s basically what— [End video]

Well, the only thing I’m going to disagree with you there, Sarah, is the the just a little bit. I’m going to go through some of the specific clauses with our viewers here in a moment. I don’t think this is a small uh increase. But for context for all of my viewers, which are of course Australia-wide and indeed worldwide, I would liken this to the permanent pandemic powers that were passed in Victoria around about the same time actually as that step one that you’re talking about in South Australia where in the case of Victoria, the the government gave itself powers to invoke an emergency just because there was a potential for a pandemic. There didn’t have to be an actual emergency uh as is the case with this new legislation in South Australia as well. And they gave themselves tremendous power to violate human rights.

I want to come to a couple of specific clauses here. This is actual legislation which correct me if I’m wrong, Sarah, this is now in place in force in South Australia. Is that correct?

[From video]

Well, it’s certainly yes, it’s being passed and yes, it’s going to be enacted. That’s absolutely right. Uh and I’m just going to. Well, I might have to read out since I’ve got a small screen, but I can see um certain aspects of it. Class of persons. [End video]

Look, so sorry. I apologize. I put up the wrong one first. I wanted to start with this one. This is this is a sub clause under section 25 that says that the authorized officer may exercise or discharge any of these powers even if to do so would contravene another law of the state. This is essentially I mean to put it in James Bond’s terms doesn’t this constitute almost a license to kill?

[From video]

Well what they are doing is saying look we can break laws and we can get other people to break laws you know if we if we decide that we need to. But just to comment on what you said um a moment ago about whether it’s a small step or not. You’re right. I mean, it is a significant step, but I guess it relates back to um understanding what powers they actually gave themselves back in 2022. And I just do want to make sure that people do understand uh that the state coordinator is allowed or authorized officer can actually enter, break into land, building, structure, vehicle. They may remove or destroy any building, structure or vehicle, animal, or thing. that a person may be submitted to a decontamination procedure, remain isolated, segregated, directed to undergo medical observation or diagnostic procedures or treatments amongst other powers. So just to just to be clear how extreme it is, I mean that’s been in place back in 2022. Um and now they’re saying um we can do that and more and in more circumstances more broadly. [End video]

Yeah. Well, you’re not wrong. Those are extreme powers. So coming to that second part here um they can give a direction or a requirement um by an authorized officer under this section which may do any of the following and may apply to a person or a class of person. This flies in the face of so much anti-discrimination legislation that we have in this country where you cannot treat people according to their class or or certain attributes. U may require a person or class of person to act in contravention of another law and it may affect the lawful rights. So this even abrogates human rights explicitly saying an authorized person when there is a a potentially emergency that has been declared a state of alert I think is what what it’s referred to as in the legislation essentially you have no rights as a South Australian at that point. Am I taking that too far?

[From video]

I’m not sure what rights you’ve got to be honest. Uh you’ve certainly got incredibly limited rights. I mean I put up 10 amendments because I knew this piece of legislation would pass. Uh unfortunately and if if people were to know the sorts of things that were rejected and I just want to give a couple of comments but for example they’ve got the require the power to require information or documents. Now the legislation said things like power under this section must be exercised in accordance with any prescribed requirement. Now I just wanted to add in legislation like uh or wording like and in a manner that is reasonable in the circumstances. Now my parliamentary colleagues in the government wouldn’t even allow wording and in a manner that is reasonable in the circumstances. So I knew these powers were going to go ahead. I knew these authorized officers or state coordinator was going to be given these additional um powers um in these circumstances but they didn’t want to allow that language or actions that are appropriate in the circumstances. I mean those amendments were all shot down with one vote only which was obviously from myself. [End video]

Yeah, just incredible, Sarah. And I applaud you for standing in the way that you have. I want to draw attention to one last point on this. Um, at the very bottom there, subsection D, a directional requirement may be issued in the form of a written instrument or in any other form, including without limitation, orally, by SMS, or email. So, what they’re literally saying here is that your phone could buzz and you pick up your phone and you read an SMS that could be directing you to break the law, to violate your own or other people’s human rights. And now, if you fail to break the those laws or violate other people’s human rights, you are yourself in contravention of these new powers. This doesn’t even seem like it works at a practical level, Sarah.

[From video]

Well, I mean, the first thing that comes to my mind is how do we even know that message is legitimate, you know, from I mean, it’s it’s certainly open to abuse, isn’t it, from from people? And what are my parliamentary colleagues in the South Australian government predicting for South Australian people? You know, what what do they know that I don’t know that’s coming? Because they wanted to prepare for a very long uh complex emergencies. I mean, I thought by their very definition really emergency um was sort of something that happened for a short period of time. Um but clearly they’re planning for long complex state emergencies and that should concern everybody considering they’re stripping safeguarding legislation uh from the South Australian public. [End video]

Well Sarah, all I can say is more strength to your arm. How do South Australians that care about South Australia and that want to support you as as literally the lone voice against this terrible piece of legislation, how can they get behind you and support you in your fight on their behalf?

[From video]

Yes. Well, look, I want to draw uh to their attention, I guess, one that I’m in parliament. I mean, a lot of people don’t take an interest in politics, which is fair enough, but if you if you do or if you are now, um I’m in I’m in the parliament. I’m not up for election until 2030, but what I have done uh actually is for this coming election because I want to give people a choice and there isn’t any choice at the moment. I have started a Fair Go Party. I’ve got really good candidates. So certainly look up and be aware that this coming election there’s actually going to be a choice for you uh of similarly aligned people and we might be able to hold the balance power next election and actually make some difference. Other than that um certainly they can contact me uh through the game office at parliament.sa.gov.au uh email because I’m starting a petition on this um and I want some accountability. [End video]

Fantastic. So, I’ll put that email address into the description of this video and make sure that anyone who’s in South Australia who wants to participate in that petition or wants to get involved in politics, not necessarily as a candidate themselves, but to support those who are willing to do that can get in touch with you. Sarah, go well. Thank you for the work that you are doing. And thank you for coming on the Topher project.

[From video] Thank you so much for having me on. [End video]

That was Sarah MLC, a rare gem amongst a sea of mediocrity there in the South Australian Parliament. Please support the Topher project cuz my name’s Topher Field and that’s what this is, the Topher project, by buying me a coffee via the button at topherfield.net. And also, please head over to goodpeoplebreakbadlaws.com where you can check out my books, my DVDs, and my full range of merch, including hoodies, t-shirts, long-sleeve tees, and there’s some other stuff on the website as well goodpeoplebreakbadlaws.com.

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