Stunning development as Victoria's hotel quarantine inquiry REOPENS after receiving new phone logs from Daniel Andrews

  • Inquiry into Melbourne's botched hotel quarantine scheme is to be reopened 
  • The inquiry finished on September 28 and a final report is due on November 6 
  • The sensational development was sparked by new phone logs and documents 
  • Previously unscheduled sitting will be held at 2pm Tuesday by Board of Inquiry 

By BRETT LACKEY, NEWS REPORTER, AUSTRALIA

Published: | Updated:

The inquiry into Victoria's bungled hotel quarantine program, the source of the state's second wave of COVID-19, is set to be reopened. 

On Friday, the Board of Inquiry, chaired by retired judge Jennifer Coate, announced it would hold an extraordinary sitting at 2pm on Tuesday. 

The board has reportedly received new phone logs from Premier Daniel Andrews and his staff and previously unseen documents from the Department of Health and Human Services that warranted reopening the inquiry. 

The inquiry into Melbourne's hotel quarantine scheme is set to be reopened after the board received new phone logs from Premier Daniel Andrews (pictured) and his staff and previously unseen documents from the Department of Health and Human Services

The inquiry into Melbourne's hotel quarantine scheme is set to be reopened after the board received new phone logs from Premier Daniel Andrews (pictured) and his staff and previously unseen documents from the Department of Health and Human Services 

Pictured: Returned travellers are put into hotel quarantine during the coronavirus pandemic

Pictured: Returned travellers are put into hotel quarantine during the coronavirus pandemic 

Private security guards were pulled from a Melbourne quarantine hotel and replaced by police in September. Pictured: cleaning staff at a Melbourne CBD quarantine hotel

Private security guards were pulled from a Melbourne quarantine hotel and replaced by police in September. Pictured: cleaning staff at a Melbourne CBD quarantine hotel 

The inquiry had wrapped up on September 28 after hearing from 63 witnesses, including Mr Andrews, senior government ministers and public servants.

It is due to hand down its final report on November 6.

Health Minister Jenny Mikakos and Department of Premier and Cabinet (DPC) secretary Chris Eccles both resigned after appearing before the inquiry.

Mr Eccles resignation came on Monday, after his phone records were handed to the inquiry at the weekend.

In a statement, Mr Eccles conceded the records show he spoke to former Victoria Police Chief Commissioner Graham Ashton at 1.17pm on March 27, the day it was decided private security guards would staff quarantine hotels.

'The telephone records do not in any way demonstrate that I, or indeed anyone else in DPC made a decision that private security be used in the hotel quarantine program,' Mr Eccles said.

The board has reportedly received new phone logs from Premier Daniel Andrews and his staff and previously unseen documents from the Department of Health and Human Services that warranted reopening the inquiry (pictured: hotel staff in Melbourne)

The board has reportedly received new phone logs from Premier Daniel Andrews and his staff and previously unseen documents from the Department of Health and Human Services that warranted reopening the inquiry (pictured: hotel staff in Melbourne) 

Guards employed by services company Spotless were sent home from the Novotel (pictured) in Southbank half way through their shift in September

Guards employed by services company Spotless were sent home from the Novotel (pictured) in Southbank half way through their shift in September 

'I am absolutely certain I did not convey to Mr Ashton any decision regarding the use of private security as I was unaware any such decision had been made, and I most certainly had not made such a decision myself.'

The two-minute phone call between Mr Ashton and Mr Eccles occurred in a critical six-minute window when, according to the former police chief's messages tendered to the inquiry, the decision to use guards was made.

Ms Mikakos' resignation came the day after the premier appeared at the inquiry.

In her response to closing submissions, Ms Mikakos said Mr Andrews' evidence about private security should be 'treated with caution'.

She said it was 'implausible' to suggest no one made the decision to use private security guards in the botched program.

Pictured: The Pan Pacific hotel in Melbourne, which was used during Victoria's bungled hotel quarantine program

Pictured: The Pan Pacific hotel in Melbourne, which was used during Victoria's bungled hotel quarantine program

Lawyers assisting the inquiry had previously argued the decision wasn't made by one person or government department.

Instead, it was a 'creeping assumption that became a reality' following a 4:30pm meeting at the state control centre on March 27.

'Such a submission has insufficient regard to the realities of governmental operation and decision-making,' Ms Mikakos' submission reads.

'The board ought to treat with caution the premier's evidence where he sought to explain the reference to the use of private security in the hotel quarantine program.'

Meanwhile, The Age on Friday revealed the Department of Health and Human Services had been asked to supply documents to the inquiry relating to questions over the accuracy of testimony provided by Chief Health Officer Brett Sutton.

Victoria's second wave of coronavirus, which resulted in more than 18,000 new infections and more than 750 deaths, can be traced back to outbreaks at two Melbourne hotels used in the quarantine program.

Police and Protective Services Officers are seen in the foyer of the Novotel Melbourne South Wharf hotel in Melbourne in September

Police and Protective Services Officers are seen in the foyer of the Novotel Melbourne South Wharf hotel in Melbourne in September 

Suggested findings for Victorian quarantine hotels inquiry 

Lawyers Tony Neal QC, Rachel Ellyard and Ben Ihle submitted their suggested findings to Victoria's hotel quarantine inquiry. They are as follows: 

GOVERNMENT HAD NO PLAN

* Public servants were given just 36 hours to set up the program.

* There was no suggestion those who set up the program worked other than with 'the best of intentions and to the best of their ability'.

* 'Bad faith or corruption is not what the evidence shows.'

DHHS WAS IN CONTROL

* The Department of Jobs, Precincts and Regions played a substantial role but the Department of Health and Human Services was the control agency responsible for the program.

BRETT SUTTON SHOULD'VE BEEN IN CHARGE

* It was wrong to appoint people without public health expertise as the state controllers of the pandemic in February as it 'influenced the way in which DHHS subsequently understood and acted on its responsibilities'.

* 'Had the chief health officer or another person with public health expertise been appointed state controller ... they would have had direct oversight of the hotel quarantine program and been able to directly influence the model of that program.'

NO ONE PERSON MADE THE DECISION TO USE SECURITY GUARDS

* 'It can be best understood ... as a creeping assumption or default consensus reached in the state control centre after the preference of Victoria Police was known.'

POLICE HAD PREFERENCE FOR GUARDS

* 'It was not Victoria Police's decision, but Victoria Police's clear position that security would be preferable was a substantial contributing factor to the consensus.'

PREMIER SHOULD HAVE BEEN TOLD ABOUT ADF OFFER

* Department of Premier and Cabinet secretary Chris Eccles should have told Premier Daniel Andrews his federal counterpart had offered Australian Defence Force support in an April 8 email exchange.

* But the initial decision not to have ADF boots on the ground was 'reasonable and open - and no criticism should be directed to those who made those operational decisions'.

CONTRACTS WERE INAPPROPRIATE

* 'There was insufficient supervision of those contracts to ensure compliance with the contractual terms, including as to subcontracting.'

* 'The contracts with hotels and security companies should not have placed responsibility for PPE and infection control education on those contractors.'

HOTEL QUARANTINE RESPONSIBLE FOR SECOND WAVE

* Ninety per cent of second wave COVID-19 cases are attributable to the Rydges on Swanston outbreak in mid-May. Just under 10 per cent were attributable to the outbreak at the Stamford Hotel in mid-June.

* 'The hotel quarantine program in Victoria failed to achieve its primary objective. The program that was intended to contain the disease was instead a seeding ground for the spread of COVID-19 into the broader community.'

* 'The failure by the hotel quarantine program to contain this virus is, as at today's date, responsible for the deaths of 768 people and the infection of some 18,418 others.'

PEOPLE IN QUARANTINE NOT LOOKED AFTER

* 'The program did not always operate so as to meet the needs of those who were detained, in particular, those who had specific needs or vulnerabilities.'

* 'Very early on, better consideration ought to have been given to the likely psychosocial impact of detention and expert advice should have been sought.'

* 'Exemptions could and likely should have been granted in more situations.'

LACK OF TRANSPARENCY

* 'There were significant issues which should have been brought to the respective ministers' attention. The departmental secretaries were obliged to ensure that they discharged those obligations.'

* 'They likely contributed to a loss in opportunities to identify and address issues which may have prompted better, fuller and more timely action.'

The submissions may form the recommendations of the inquiry's chair, retired judge Jennifer Coate. She is due to deliver her final report to Victorian Governor Linda Dessau by November 6.

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