Page 4038 - Week 13 - Thursday, 2 December 2021
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If a COVID-19 management declaration is in force, the Chief Health Officer, minister or executive may make directions to reduce the public health risk of COVID-19, based on the Chief Health Officer’s advice, for up to 90 days. The executive, minister or Chief Health Officer may extend the period for which a direction is in force on one or more occasions, for a period of no longer than 90 days on each occasion.
The bill proposes to realign direction-making powers outside a public health emergency declaration, providing some powers to the executive and the minister rather than the Chief Health Officer. This change recognises that the impact of public health and social measures or vaccination requirements can be broad and can significantly engage and limit human rights across society—although equally such measures may promote human rights.
Throughout the pandemic we have listened to the public health advice, and it is important to note that the Chief Health Officer’s advice must be sought and considered in the making of any direction by the minister or executive. Under the bill, requirements relating to public health social measures and TTIQ would be implemented through ministerial and Chief Health Officer directions respectively as notifiable instruments.
It is the government’s view that disallowance of a minister or Chief Health Officer direction could risk the effectiveness of public health measures while a COVID-19 management declaration is in place. However, the bill includes a range of safeguards to ensure that such directions are proportionate to address the risk of COVID-19 and that there is strong oversight and transparency.
Ministerial directions may be made by the Minister for Health in relation to one or more of the following matters: preventing or limiting entry to an area or into the ACT; regulating gatherings, whether public or private; requiring the use of personal protective equipment; regulating the carrying on of activities, businesses or undertakings; and requiring the provision of information, including information about the identity of a person, or the production or keeping of documents.
The extent of a direction made in relation to a business or gathering would not include prohibition, lockdown or curfew but may include targeted restrictions to capacity or density limits, particularly in higher risk settings, with the aim of reducing the risk of super-spreading events.
Chief Health Officer directions may be made in relation to one or more of the following matters: a requirement for the provision of information, including information about the identity of a person, or the production or keeping of documents; a requirement for the medical examination or testing of a person; and the segregation or isolation of people.
An example of a Chief Health Officer direction would be a direction for someone who is identified as a close contact of someone who has tested positive for COVID-19 to quarantine for a required period to reduce the risk of infecting others, but not for longer than 14 days, unless in exceptional circumstances.
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