The Victorian government is refusing to apologise after it was found to have breached human rights laws by suddenly locking down Melbourne public housing residents with no notice.
Ombudsman Deborah Glass has ruled the timing of the hard lockdown of 3000 residents at nine North Melbourne and Flemington public housing towers in early July was not based on direct health advice.
In the report tabled in Victorian parliament on Thursday, the ombudsman said senior health officials agreed on July 4 that the towers should be locked down to control a COVID-19 cluster.
When leaving the 11am meeting, the Department of Health and Human Services leaders expected it would be another 36 hours before it would come into effect.
But Premier Daniel Andrews announced it would start immediately at a 4pm press conference, with many residents unaware of the order until police arrived outside
The long-running investigation traced the decision to a crisis cabinet meeting just over two hours earlier, although Ms Glass was denied access to documents under privilege.
The timing was not specifically endorsed by acting Chief Health Officer Annaliese van Diemen, who was given less than 15 minutes to review the directions and their human rights implications.
"She was 'not entirely' comfortable with the process observed on the occasion," the report said.
"Later ... the deputy CHO told the investigation she was not convinced delaying the lockdown by a day would have made a 'hugely significant' difference to containing the outbreak."
While restrictions were wound back for eight of the towers after five days, residents of Alfred Street in North Melbourne were prevented from leaving the site for a full fortnight.
Nearly 150 complaints were received about the treatment of those residents, who were the focus of the probe.
Among a raft of criticisms, Ms Glass reserved her harshest condemnation for their exposure to a "degrading and inhumane" temporary fence erected to allow them to get fresh air and exercise for the first time in a week.
"These residents likened the area to a cage or prison exercise space and said they felt 'surrounded' by Victoria Police personnel," the report said.
The ombudsman also found DHHS did not notify almost half of Alfred Street households of its detention directions and were unable to produce any records demonstrating the decision was formally reviewed each day, if at all.
The findings were not a criticism of Victorian health officials, Ms Glass said, but proper consideration of human rights pre-lockdown would have put health front and centre.
"We may be tempted, during a crisis, to view human rights as expendable in the pursuit of saving human lives," she wrote.
"This thinking can lead to dangerous territory."
Ms Glass has called on the state government to apologise for the "harm or distress" the immediate lockdown caused as, like the virus, it "risked the health and wellbeing of many people".
Housing Minister Richard Wynne acknowledged the "distress" locked-down residents felt at the time.
But he stopped short of apologising, insisting the government had to act as the vicious virus raged through the towers.
"The human rights of people are not secondary," he told reporters.
"We absolutely have conformed with all of our legal obligations. We make no apology for saving people's lives."
In addition, Ms Glass recommends the government amend laws to allow detainees to be able to apply for a review of the decision to the chief health officer and Victorian Civil and Administrative Tribunal.
They should also be briefed on the availability of relevant exemptions, any rights of complaint or review and be provided with regular and meaningful access to fresh air and outdoor exercise where practicable.
