[footnote 89] Beale et al. Mikakos, J. Mat rooms are not being used, except for exigent circumstances by moving training event indoors due to inclement weather.
[footnote 46] Diagram acronyms: WHO: GISRS: Global Influenza Surveillance and Response System; WHOCC: World Health Organization Collaborating Centre; WHO NIC: World Health Organization National Influenza Centres. note that any such 'attempt to extend emergency powers into intra-State emergencies, without the states' permission, would undermine the rationale for Australia's federalist system, by interfering with problems that state governments should be capable of solving'. [footnote 120] S. Meixner (2020) 'How many people have downloaded the COVIDSafe app and how central has it been to Australia's coronavirus response? ', Croakey, 1 June.
166–77. On 11 February, the WHO announced the novel coronavirus had been classified as SARS-CoV-2, causing the disease COVID-19.
These regulations were amended in 1973 and 1981, reducing the number of covered diseases from six to three, and to mark the global eradication of smallpox. A second direction was issued on 13 April, extending the enforcement until 11 May. (2020) 'Chief Medical Officer Brendan Murphy fronts Senate committee on Australia's coronavirus response', ABC News, 23 April. [footnote 231] E. Lachson and R. Trigger (2020) 'Coronavirus sees WA close its borders from midnight on Sunday to stop COVID-19 spread from eastern states', ABC News, 2 April. [footnote 74] The National Cabinet met for the first time on 15 March 2020. Judd, B. and C. Taylor (2020) 'Melbourne aged care is facing a coronavirus catastrophe. [footnote 210] L. Neville, Minister for Police and Emergency Services (2020) Police out in force to keep Victorians safe this Easter, media release, 9 April.
[footnote 304], Australian Medical Association President, Dr Tony Bartone, said the hotel quarantine breaches in Melbourne (
Mikakos, J. Public Health Act 2011 (SA) s 57, maximum penalty for individuals is $250,000, 5 years' imprisonment, or both. Premier of Victoria (2020) Statement from the Premier, media release, 4 July. Can it last, How hotel quarantine let COVID-19 out of the bag in Victoria. The existing Council on Federal Financial Relations (CFFR), consisting of Federal and state treasurers, will now report to the National Cabinet, as will a series of existing taskforces, including those working on domestic violence and Indigenous affairs. (2019) op. [footnote 43] At the time, state governments opposed this expansion of federal powers into the domain of state jurisdiction. 215–20. The Quarantine Act 1908 focused on preventing quarantinable diseases from breaching ports of entry into Australia. The Emergency Response Plan for Communicable Disease Incidents of National Significance (2016), or the CD Plan, coordinates health sector responses. [footnote 22] Public Safety Preservation Act 1923 (Vic), s 3.1, s 4(a). Premier of Victoria (2020) Enforced Quarantine For Returned Travellers To Combat Coronavirus, media release, 27 March.
[footnote 330] ibid. [footnote 33] These powers were used for the first time in January 2020 in response to the 2019–20 bushfires. [footnote 271]. [footnote 142] J. Mikakos (Minister for Health) (2020) COVID-19 Pandemic plan for the Victoria Health Sector, op. The CMO's determination also activated the National Medical Stockpile, the National Trauma Centre and the National Incident Room, which serves as Australia's National Focal Point to the WHO. [footnote 226] The emergency response to the COVID-19 pandemic, following on from the 2019–20 bushfire season, has brought many of these issues into sharper focus. Practical Law Australia (2020) 'COVID-19: Federal government powers and planning', website. See also M. Collett (2020) 'Coronavirus restrictions: Where you can and can't travel around Australia as borders reopen', ABC News, 2 July.
[footnote 190] Victorian Government (2020) Victoria Government Gazette, no. These issues have come to greater prominence following the 2019–20 bushfire season, and now COVID-19. [footnote 102] For example, M. Doran (2020) 'Australians could be detained or forced into treatment to prevent the spread of coronavirus. COVID-19 and Victoria's Charter of Human Rights.
s 200, p. 14. [footnote 223] Emergency Management Act 1986 (Vic), s 198(9). s 382, p. 14. The new Stay at Home Directionsand Stay Safe directions require that a person may only leave home if they 'wear a face mask at all times', unless an exception applies. 2), Diagnosed Persons and Close Contacts Directions (No. (2020) 'States under pressure to reopen borders closed in a bid to contain coronavirus', ABC News, 18 May.
[footnote 128] Emergency Management Victoria (2015) Victorian action plan for influenza pandemic, Melbourne, Victorian Government. [footnote 79], On 29 May 2020, the Prime Minister announced that the National Cabinet model would be made permanent and known as the National Federation Reform Council, thereby abolishing COAG. cit., p. 171. (2020) 'Prime Minister Scott Morrison to address state border closures and economic recovery at National Cabinet', Perth Now, 12 June. [footnote 214] The majority of these amendments will sunsetwithin six months of being made.
[footnote 86] Attorney-General (Vic) ex rel Dale v Commonwealth (1945) 71 CLR 237; cited in C. Pelkas (2010) 'State Interference with Liberty: The Scope and Accountability of Australian Powers to Detain During a Pandemic', Flinders Law Journal, 12(1), p. 53. 'The inability of these three agencies [footnote Border Force, Biosecurity Australia and NSW Health] to coordinate effectively at the time' of the Ruby Princess docking, 'showed a gap in existing arrangements'. [footnote 99], In early March 2020, following Australia's first confirmed cases of local transmission of COVID-19, the Attorney-General, the Hon. [footnote 331] For an overview of earlier responses, see: Grove (2020) op. Declaration of a State of National Emergency.
Doran, M. (2020) 'Australians could be detained or forced into treatment to prevent the spread of coronavirus. [footnote 37]. cit. The NSC agreed to a further extension of travel restriction,[footnote 110] the evacuation of Australian passengers from the Diamond Princess cruise ship in Japan,[footnote 111] and changes in the level of travel advice for certain countries. [footnote 87] A number of highly politicised incursions of exotic pests and diseases in the 1990s were followed by several major reviews—notably, the Nairn Report (1996) and the Beale Review (2008)—that recommended new risk analysis and compliance-monitoring programs. s 361, p. 55. While the National Cabinet made decisions designed to guide emergency responses to COVID-19, state and territory governments remained responsible for implementing these decisions using special powers available under their own emergency and public health legislation (see
Most modern democracies have a range of special powers available to respond to emergencies that threaten safety, property or the integrity of the state. [footnote 130] VHMPPI also provides a guide to local government areas to develop an influenza pandemic plan for their municipality. [footnote 197] Victorian Government, Victoria Government Gazette, no. Judge Darryl Rangiah told the parties the task was to determine whether the border closure was reasonably needed to contain the spread of coronavirus, and what the consequences of reopening it would be. [footnote 217] Emergency Management Victoria (2020) State of disaster extended for 48 hours, media release, 9 January. In Australia, special powers resemble the broad framework provided for by the Emergency Powers Act 1920 (UK). About 250 Guardsmen remain on standby ready to reengage with COVID-19 relief efforts if requested.
Dale, A.
[footnote 15] As discussed below, state laws will yield to those of the Commonwealth where an inconsistency arises under section 109 of the Australian Constitution. [footnote 54]. The numbers reported below include both self-reported COVID-19 test results and information received from the FastMed/LabCorp testing initiative. S 382, Friday 31 July 2020, Special Gazette No.
Smith, S. (2020) 'The Scope of a Nationhood Power to Respond to COVID-19: Unanswered Questions', Australian Public Law, 13 May. Declaration of a State of Emergency on 15 March, Emergency Management Act 2005 (WA). (2020) 'The super spreader' event behind Australia's epidemic' Australian Financial Review, 27 March.
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