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'Collateral Damage' Report Into Australia's COVID-19 Pandemic Response

Rights and Freedoms
Three people wearing N95 respirator masks stand next to the title of the report 'Collateral Damage'

Overview 

This report by the Australian Human Rights Commission tells the stories of Australians who were impacted by Australia’s COVID-19 pandemic response measures and asks how human rights can be better safeguarded during future emergencies. It followed consistent public requests to examine infringements on human rights that arose from the pandemic and ensuing emergency response. 

The findings are intended to inform the Commission’s advocacy for the human rights of all Australians to be considered in planning for future emergency and disaster responses. 

This report summarises extensive engagement undertaken by the Commission between 2024 and 2025. Beginning with a desktop review of relevant literature (including academic articles, reports, Commission materials, relevant inquiry reports and newspaper articles), this project was a multi-phase study which engaged thousands of Australians from around the country.  

This project undertook:  

  • A quantitative survey of 3,032 Australians from every state and territory aged over 18. Surveys were conducted from 24 May to 7 June 2024. 
  • An online story submission portal, known as the Your Story Portal, which as open from 16 May to 30 June 2024. It received more than 2,300 story submissions from people over the age of 18. 
  • 56 targeted stakeholder interviews/workshops with impacted groups, advocates and subject matter experts.   

This report’s findings highlight the need for a human rights-centred approach to ensure equitable, effective, and compassionate emergency responses in the future. It recommends the creation of an Emergency Response Framework developed with seven guiding principles. 

Background 

Understanding and assessing the human rights impacts of government policies and decisions is a key component of the Commission’s work.  

On 18 March 2020, COVID-19 was declared a human biosecurity emergency in Australia, remaining in effect until 11 April 2022. During that period, federal, state and territory governments introduced measures such as border closures, travel restrictions, lockdowns, vaccine mandates and school closures.  

These measures were often executed with little notice to those affected, as authorities rushed to prevent the spread of COVID-19 and slow rising numbers of COVID-19 infections and deaths. While this emergency has since passed and measures lifted, for many Australians the harms they experienced have not faded, nor have they been addressed.  

Human rights matter for all people and at all times, including in an emergency. The measure of a country’s human rights protections is seen during a crisis such as the COVID-19 pandemic. When it is found lacking, it is a country’s responsibility to actively listen and learn to be better prepared when the next emergency arises.  

Lessons Learnt

While Australia’s government responses during the COVID-19 pandemic helped save lives, this report found that human rights impacts were not always considered or protected. Many people and communities we engaged with said they felt they were overlooked or left isolated due to blanket and inflexible policies that failed to consider local realities. 

The findings outline the human impact of pandemic response measures, including international and domestic border closures, lockdowns, school disruptions, quarantine, and healthcare restrictions.  

Among the more disproportionate impacts on people include:  

  • Failures in compassionate exemption pathways, leaving many unable to visit dying family members or return home in their time of need.  
  • The 2021 Melbourne tower lockdowns: deemed a severe response that violated Victorian human rights laws.  
  • Barriers faced by First Nations communities, migrant communities and people with disability in accessing essential information and services.  

Recommendations 

The report recommends all levels of government in Australia adopt an Emergency Response Framework, anchored by seven key principles:  

  1. Human rights as a priority, embedded in decision-making from the outset.  
  2. Meaningful consultation with all communities, especially vulnerable groups, as a one-size-fits-all approach is ineffective.  
  3. Proportionate responses that are constantly reviewed and adapted.  
  4. Balancing risk with compassion, ensuring timely and accessible exemptions.  
  5. Tailored communication, addressing diverse needs and combating misinformation.  
  6. Empowering and supporting local communities to help create more effective and targeted plans.  
  7. Planning beyond the crisis to avoid abrupt withdrawal of critical supports.  

Downloads 

Video 

Commissioner Finlay and her team spoke to and heard from more than 5000 Australians about how COVID-19 pandemic response measures affected them. She recorded a video to report the findings, and to thank those who bravely shared their stories. 

Additional reading 

Tags Civil and Political Rights