Karp, P. (2020) 'Clive Palmer-backed court challenge to Queensland Covid-19 border closure dropped', The Guardian, 23 July. [footnote 235] On 8 July, the ACT also implemented a travel ban on Victorians entering the ACT, with some exemptions. [footnote 103] On 14 May, the 'human biosecurity emergency period' was extended until 17 September 2020. [footnote 141], The COVID-19 Pandemic Plan for the Victorian Health Sector instructed, 'local councils should now implement existing pandemic plans including adapting plans for COVID-19, including business continuity plans'. Twomey, A. s 297, p. 25. Directions from the Police Commissioner under the Emergency Management Act introduced on-the-spot fines of $1,000 for individuals failing to self-isolate and $5,000 for businesses failing to follow laws relating to the pandemic. cit., p. 38. 1-855-856-1247 (toll-free) Telephone Device for the Deaf (TTY) (202) 514-0716. [footnote 2]Department of Prime Minister and Cabinet (2020) 'Whole-of-Government Submission', Inquiry into the Australian Government's response to the COVID-19 pandemic, Canberra, The Committee, p. 3. Chief Hawley serves on the Governor’s Novel Coronavirus Task Force. 647–654. ">State of disaster: Premier invoked powers for first time amid bushfire crisis', The Age, 2 January. [footnote 63] K. Elphick (2020) Australian pandemic response planning: a quick guide, Canberra, Australian Parliamentary Library. States are shutting their borders to stop coronavirus. 4 July. S 135 Thursday 19 March 2020, Sections 200(1)(b) and 200(1)(d) of the Public Health and Wellbeing Act 2008, Special Gazette No. Huf, B. and H. Mclean (2020) 'Epidemics and pandemics in Victoria: Historical perspectives', Research Paper, no. [footnote 28] By diffusing emergency powers throughout a group of responsible public officers and bureaucratic structures, lawmakers have sought to make it difficult for one or a small group of political officers (Ministers) to concentrate power and weaken democratic processes. In consultation with the EMC, it may also request the activation of the State Control Centre (SCC) to provide support to the State Controller who leads the emergency response. of Health (2019) Australian Health Management Plan for Pandemic Influenza, Canberra, Commonwealth of Australia, p. 65. On 31 July, Victoria confirmed 723 new cases and 13 deaths, Australia's highest daily totals since the start of the pandemic. ABC News, 23April. On 23 March 2020, the Australian Parliament passed the Coronavirus Economic Response Package Omnibus Act 2020 (Omnibus Act). It was overseen by a flawed security industry', The Conversation, 8 July. [footnote 340] LASA (2020) Call for health system coordination to protect older Australians, media release, 23 June; ACSA (2020) Aged care COVID-19 outbreak response must not discriminate or ration hospital care, media release, 22 June. Shimwell, M. (2020) 'Compulsory isolation in the fight against coronavirus: a clash of human rights and public health' The Conversation, 3 March. In that time, Australian scholars and legal experts have shown increasing interest in a range of constitutional, human rights and administrative issues that such powers and frameworks may pose to Australia's federal system. These postcodes were designated 'restricted areas'. [footnote 321] Premier of Victoria (2020) Judicial inquiry in hotel quarantine program, media release, 2 July. [footnote 253] Even without this provision, section 109 of the Australian Constitution ensures Commonwealth law prevails where there are inconsistencies with state law. [footnote 190], Nine public housing estates in Flemington and North Melbourne were placed into a 'hard lockdown' (a media term), following the detection of 23 cases across 12 families living in some of these estates. [footnote 29], In addition to emergency management legislation, states, territories and the Commonwealth Government have also enacted laws that provide special powers to address specific types of emergencies. International Health Regulations (IHR) were first adopted by the World Health Assembly in 1969, covering six 'quarantinable diseases'. Premier of Victoria (2020) Working Together To Protect Our Aged Care Residents, media release, 28 July. 342–43. Not only do emergency powers enable the state to act outside the constitutional norms that give force to the legislation providing such powers, but to act outside constitutional norms that ground the very legitimacy of the state. [footnote 64] Commonwealth Department of Health (2019) Australian Health Management Plan for Pandemic Influenza, Canberra, Government of Australia. [footnote 83] Quarantine Act 1908(Cth) s 4. [footnote 69], COAG met in Sydney, agreeing 'to commission real-time, transparent protocols, underpinned by advice from the AHPPC and working through the National Coordination mechanism'. [footnote 335] On 25 June, following the Newmarch House outbreaks and in consultation with the Commonwealth Department of Health, New South Wales Health released guidelines for the transfer of infected residents to hospitals. Once these special powers are triggered, the executive government is typically authorised to make regulations with respect to anything deemed necessary to respond to that emergency, often free from normal processes of parliamentary scrutiny. Mikakos, J. Russo, P. (2020) 'Nine Melbourne tower blocks put into 'hard lockdown' – what does it mean, and will it work?' [footnote 2] This outbreak, together with the WHO's declarations, set off a chain reaction as Australia's federal, state and territory governments implemented emergency plans to combat the spread of the virus. For a discussion on the tension between the public health and security aims of the Act, see, C. Chen (2018) 'Less is more: regulating the weaponization of disease under the National Health Security Act 2007 (Cth)', Journal of Law and Medicine, 25(3), pp. cit., p. 3. [footnote 232], Early in the pandemic, commentators believed it was highly unlikely New South Wales would close its border with Victoria, as it did in 1919. § clarification that State and Territory health authorities are captured by data use restrictions. Grattan, M. (2020) 'View from The Hill: Morrison government accepts Victorian closure but won't budge on High Court border challenge', The Conversation, 6 July. [footnote 157] D. Andrews (Minister for Health) (2008) 'Statement of Compatibility: Public Health and Wellbeing Bill' , Debates, Victoria, Legislative Assembly, 8 May, p. 1709. On 11 February, the WHO announced the novel coronavirus had been classified as SARS-CoV-2, causing the disease COVID-19. Directions made by the Minister for Health under the Biosecurity (Human Biosecurity Emergency) (Human Coronavirus with Pandemic Potential) Declaration 2020, The biosecurity emergency powers were first exercised, prohibiting international cruise ships from entering Australian ports until 15 April 2020. [footnote 19] In Australia, as elsewhere, this legislative activity has raised repeated concerns about the potential imbalances between public safety and the rule of law. By late July, 683 of the 4,500 active cases in Australia were linked to aged care facilities, including at least 500 in Victoria. [footnote 152] The powers, which are similar to the Commonwealth Government's Biosecurity Control Orders, include the ability to: close premises; direct a person to enter or not enter premises; enter premises without a warrant to search and seize anything necessary; require information; inspect any premises; require cleaning or disinfection of premises; require the destruction or disposal of anything necessary; and direct the owner of premises or any other persons to take any action necessary. § The third list outlines that food production, waste collection and supply chain logistics industries are permitted to operate, but under significantly different conditions. Victorian Bushfires Royal Commission (2010) Final Report. Tobin, G. and A. McDonald (2020) 'Coronavirus quarantine guards in Melbourne hotels were recruited via WhatsApp, then "told to bring their own masks"', ABC News, 22 July. All states and territories have now passed similarly titled Emergency Management Acts. 1; Z. [footnote 281], In contrast to expressions of support for the emergency powers under Victoria's Public Health and Wellbeing Act 2008, the Commonwealth Government's exercise of special powers under the Biosecurity Act has attracted wider scrutiny. Laschz, A. and M. Hurley (2020) 'Joint Submission: OPCAT, places of detention and COVID-19', Inquiry into the Australian Government's response to the COVID-19 pandemic, Canberra, The Committee. The Public and Environmental Health Amendment Regulations 2020 (NT) introduced on-the-spot fines of $1,099 for individuals and $5,459 for bodies corporate for failing to comply with emergency declarations and directions. Fired, not hired, or demoted for reasons unrelated to job performance or qualifications, Retaliated against for reporting discrimination, Inappropriately asked to provide immigration documentation, Denied reemployment or fired based on military service.
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