A COVID-19 curfew imposed as part of a package of emergency public health restrictions under s 200(1)(d) of the Public Health and Wellbeing Act 2008 (Vic) engages the right to freedom of movement under s 12 of the Charter but not the right to liberty under s 21, and the limitation may be demonstrably justified under s 7(2) where the package of restrictions has been followed by a reduction in infections and no less restrictive means are reasonably available. A statutory decision-maker does not act under the direction of another merely because a political leader has publicly announced the decision before the decision-maker formally makes it, provided the decision-maker in fact exercises independent judgment. Both limbs of s 38(1) of the Charter — the substantive and procedural limbs — apply to decisions to make emergency directions.
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