Page 744 - Week 03 - Thursday, 2 April 2020
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the end of that five-day period, I have extended the declaration every two days, as prescribed under subsection 119(4). This is clearly not a sensible way to proceed in the context of an emergency that will last for months.
This bill therefore proposes to amend the act to allow extensions of a declared public health emergency to remain in force for a period of up to 90 days when it relates to a declaration made because of the COVID-19 public health emergency, which is defined in the bill. This amendment will give the ACT community greater certainty about the anticipated need for the public health emergency declaration to continue in the context of the COVID-19 emergency.
The use of a longer extension period, rather than a longer period for initial declaration, reflects the fact that the COVID-19 emergency has already been declared. Remaking it would require reissuing directions, which creates the potential for errors and confusion.
To ensure that the extraordinary powers associated with a declared emergency are managed in an appropriate manner, the bill includes a requirement for the minister to revoke a COVID-19 declaration that has been extended or further extended if the minister decides, after taking into account any advice of the Chief Health Officer, that the declaration is no longer justified. The bill also adds a requirement for the Chief Health Officer to advise the minister at least every 30 days about the status of the COVID-19 emergency and whether the Chief Health Officer considers that the declaration is still justified.
These changes will ensure that the Chief Health Officer and her staff are able to focus on protecting the community, not on needless bureaucracy. The bill also aligns with recent amendments in other jurisdictions to extend emergency declarations for 90 days.
As a protection from abuse and in recognition that there has not been time for public consultation, these changes are specific to the COVID-19 emergency and there is a sunset clause, with the act reverting to the current arrangements for a declaration of a public health emergency at the end of a 12-month period during which no COVID-19 emergency declaration has been in force.
The bill also adds a specific authority, not currently articulated within the Chief Health Officer’s broad powers during a public health emergency, to issue directions requiring the occupier of a property to place the property under the control or at the disposal of the Chief Health Officer. This mirrors an existing power of an emergency controller in the Emergencies Act 2004.
This bill has been designed to balance the extraordinary challenges that COVID-19 presents with consideration of the human rights of Canberrans. The explanatory statement for the bill highlights that a range of rights are likely to be limited during a public health emergency. It is important to recognise that the Chief Health Officer has a responsibility under the Human Rights Act 2004 to consider the human rights implications of each direction issued.
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