Page 4037 - Week 13 - Thursday, 2 December 2021
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legislation will enable the ACT government to continue managing the risk of COVID-19 without the need for an ongoing public health emergency declaration.
The bill provides for three types of public health directions to be made by the executive, the Minister for Health and the Chief Health Officer. Public health directions will continue to be made under the Public Health Act 1997. However, provisions in the bill will change the way this occurs, setting up a new regime under what will be known as a COVID-19 management declaration.
The new part 6C of the bill, to be inserted into the act, includes a set of public health measures related specifically to the management of COVID-19. This is not a general pandemic or infectious diseases bill. The objects clause of this part seeks to establish a regulatory framework for protecting the public from risks to public health presented by COVID-19, which may not present a public health emergency. The objects also seek to ensure that decisions made or actions taken under the new part recognise and respect the rights, inherent dignity and needs of people affected by the decisions or actions, and that they are consistent with human rights and subject only to reasonable limits that are demonstrably justified in accordance with section 28 of the Human Rights Act 2004.
To enliven powers to make public health directions under new part 6C of the act, if the executive has reasonable grounds for believing that COVID-19 presents a serious risk to public health, the executive may make a COVID-19 management declaration for up to six months. This declaration would allow for the government to respond to the ongoing risk of COVID-19 in our community through the implementation of targeted public health directions. Any making or extension of a COVID-19 management declaration will be a disallowable instrument to provide the highest level of scrutiny of the decision.
Section 118Q of the bill outlines the consultation and public notice requirements for a declaration to be made. Specifically, the executive must ask for advice from the Chief Health Officer about the proposed declaration or extension and take into account any advice given and, within seven days after notification of the COVID-19 management declaration, give public notice of any advice provided by the Chief Health Officer. These same requirements apply for a ministerial or executive direction made under a COVID-19 management declaration.
The executive would have the ability to extend the COVID-19 management declaration on one or more occasions for a period not longer than six months on each occasion. However, the bill contains a sunset clause of 18 months, meaning that these measures overall are time limited.
When a COVID-19 management declaration is in force, the Chief Health Officer would be required to advise the minister about the status of the risk presented by COVID-19 at least every 60 days. This advice will inform the need for the declaration to continue or to conclude, similar to the current reporting requirements for the Chief Health Officer under a public health emergency, and the revocation of the declaration will be a decision for the executive based on this advice.
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