By Katherine Whitworth and David Wong -
Snapshot
- The NSW Ombudsman recently tabled a special report in Parliament which examined the Government’s responses to COVID-19 from the perspective of complaints received by the Ombudsman.
- The report reflected on the expedited processes used to respond to the rapidly changing landscape of the pandemic, as a result of which the distinction between hard and soft laws, or rules and guidance, became blurred.
- The experiences of the pandemic underscored the importance of external oversight in ensuring the legality, probity and effectiveness of government actions.
In September 2022, the NSW Ombudsman tabled a special report in Parliament – COVID-19 pandemic: second report. This second report, which followed a March 2021 report on the first 12 months of the pandemic, examined the Government’s responses from the perspective of complaints received by the Ombudsman.
This article summarises the report’s reflections on the expedited law making processes used to respond to the rapidly changing landscape of the pandemic, and the important role external oversight bodies perform in maintaining accountability during crises such as the pandemic.
The impact on the ‘rule of law’
The way in which rules were made, the speed at which they were prepared and implemented, the frequency with which they were changed, and the manner in which they were enforced during the pandemic differed in some important respects from expected and acceptable practices during ordinary times. The Ombudsman’s report observed that, at times, some of those differences rubbed against what might ordinarily be considered essential elements for a system of democratic government based on the ‘rule of law’. That is, laws should be made by or with the authority of Parliament, they should be clear and known by the public and enforced consistently.
