Page 1202 - Week 05 - Thursday, 4 June 2020
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This element of the amendment is an important safeguard which responds to feedback from the opposition that sought to clarify whether compensation would be available to those whose property is used by the territory to support the Chief Health Officer’s response to the COVID-19 public health emergency.
The amendment is taken to have commenced on 16 March 2020, when the public health emergency in relation to COVID-19 was declared. The amendment addresses a substantial and pressing concern to protect the ongoing financial viability and sustainability of the territory and to allow the ACT government to deliver essential services and address specific needs in the Canberra community.
Since the start of the COVID-19 public health emergency, the ACT government has provided significant financial support to the community to deal with the impacts of COVID-19, and these measures have so far seen the ACT government commit to investment of more than $350 million. The commonwealth government has also provided significant financial support to individuals and businesses, including through JobSeeker and JobKeeper payments.
The financial support packages announced by the ACT government to date have funded initiatives targeted to help small businesses, such as waiving various licence fees, allowing an interest-free deferral of payroll tax and providing commercial rates relief and electricity rebates. The government has also introduced employment-related measures to keep the local economy moving and has extended financial support to the non-government sector and to individuals and families through the COVID-19 community support package.
It is prudent to ensure that the ACT government are able to continue to direct our support and resources to those in the community who need it, through our sizable fiscal stimulus and community support initiatives. The bill recognises that there is a need for support across the whole economy and community, including supporting those affected by the broader pandemic response, rather than only considering those impacts that are specifically related to the Chief Health Officer’s directions.
Other jurisdictions have taken swift action to ensure sensible amendment of their compensation provisions. This bill is consistent with the approach taken in other jurisdictions such as Queensland, Tasmania and South Australia. Section 366 of Queensland’s Public Health Act 2005 was amended to provide that a person is not entitled to be paid any compensation for loss or damage if a power was exercised in relation to the COVID-19 emergency.
In Tasmania, section 26 of the COVID-19 Disease Emergency (Miscellaneous Provisions) Act 2020 provides that the compensation provision in the Tasmanian public health legislation does not apply when loss or damage is suffered as a result of certain public health actions taken as a result of COVID-19.
In South Australia, section 103A was recently inserted into the South Australian Public Health Act 2011 to expressly provide that no liability attaches to the Crown in relation to any acts or omissions in connection with the exercise of functions under
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