6. Emergencies

A.  Overview

The COVID-19 pandemic has been declared an emergency in all States and Territories. As a result, State and Territory Parliaments have enacted broad emergency measures and conferred emergency powers on the Executive to respond to the crisis. A list of emergency legislation is set out below.

B.  Legislation

​Commonwealth:
Coronavirus Economic Response Package Omnibus Act 2020 (Cth).
 
Coronavirus Economic Response Package Omnibus (Measures No. 2) Act 2020 (Cth).

Made under the Air Navigation Act 1920 (Cth): 

• Air Navigation (Exemption for Commercial Non-Scheduled Flights) Determination 2019, amended by the Air Navigation (Exemption for Commercial Non-Scheduled Flights) Amendment Determination 2020:  to remove exemptions for single charter flights carrying passengers where the seating capacity of the aircraft exceeds 80 persons, while the Biosecurity (Human Biosecurity Emergency) (Human Coronavirus with Pandemic Potential) Declaration 2020 remains in force.

Made under the Jervis Bay Territory Acceptance Act 1915 (Cth):

• ​Jervis Bay Territory Emergency Management Ordinance 2015
  • Declaration of State of Emergency (Jervis Bay Territory) (No. 5) 2020

Victoria:
Made under the Public Health and Wellbeing Act 2008 (Vic):

• Declaration of a State of Emergency
  • Extended on 12 April 2020, 11 May 2020 and 21 June 2020

 
COVID-19 Omnibus (Emergency Measures) Act 2020 (Vic).
 
New South Wales:
COVID-19 Legislation Amendment (Emergency Measures) Act 2020 (NSW).

COVID-19 Legislation Amendment (Emergency Measures—Miscellaneous) Act 2020 (NSW).

COVID-19 Legislation Amendment (Emergency Measures—Treasurer) Act 2020 (NSW).

COVID-19 Legislation Amendment (Emergency Measures--Attorney General) Act 2020 (NSW). 

Treasury Legislation Amendment (COVID-19) Act 2020 No 2 (NSW).

Queensland:
COVID-19 Emergency Response Act 2020 (Qld) amended by:

• Justice and Other Legislation (COVID-19 Emergency Response) Amendment Act 2020 (Qld): clarifying the operation of the provisions for the modification of statutory time limits across the statute book relating to COVID-19.

​ 
Public Health and Other Legislation (Public Health Emergency) Amendment Act 2020 (Qld).
 
Made under the Disaster Management Act 2003 (Qld):

• Notice of Declaration of Disaster Situation (p 301), as extended from time to time.
• Disaster Management Regulation 2014 amended by the Disaster Management (Local Disaster Management Group Interim Chairperson) Amendment Regulation 2020

Made under the Public Health Act 2005 (Qld):

• Public Health Emergency Order (p 97) as extended from time to time.
• Public Health Regulation 2018 amended by:
  • Public Health (COVID-19) and Other Legislation Amendment Regulation 2020
  • Public Health (Emergency Officers (General)) Amendment Regulation 2020

 
Tasmania:
COVID-19 Disease Emergency (Miscellaneous Provisions) Act 2020 (Tas).
 
COVID-19 Disease Emergency (Miscellaneous Provisions) Act (No. 2) 2020 (Tas).
 
Made under the Public Health Act 1997 (Tas):

• Declaration of Public Health Emergency – COVID-19 amended by the Amendment of Declaration of State of Emergency, as extended from time to time

 
Emergency Management Act 2006 (Tas) amended by the COVID-19 Disease Emergency (Miscellaneous Provisions) Act (No. 2) 2020 (Tas).
 
Made under Emergency Management Act 2006 (Tas):

• Declaration of State of Emergency amended by:
  • Amendment of Declaration of State of Emergency
• Authorisation of Emergency Powers (p 145)

• Authorisation under Section 40 and Exercise of Authorisation
• Authorisation of Authorised Officers
• Appointment of Deputy Municipal Emergency Management Coordinator (p 218)
• Emergency Management Regulations 2020

 
South Australia:
COVID-19 Emergency Response Act 2020 (SA) amended by the COVID-19 Emergency Response (Further Measures) Amendment Act 2020 (SA).

Made under the COVID-19 Emergency Response Act:

• COVID-19 Emergency Response (Schedule 1) Regulations 2020
• COVID-19 Emergency Response (Section 14) Regulations 2020: extends time limits arising under the Aged and Infirm Persons' Property Act 1940; Associations Incorporation Act 1985; Collections for Charitable Purposes Act 1939; Criminal Law (Forensic Procedures) Act 2007; Equal Opportunity Act 1984; and Lottery and Gaming Act 1936.
  • Varied by the COVID-19 Emergency Response (Section 14) (No 1) Variation Regulations 2020
• COVID-19 Emergency Response (Section 16) Regulations 2020
• COVID-19 Emergency Response (Section 17) Regulations 2020

Emergency Management Act 2004 (SA) amended by the COVID-19 Emergency Response Act 2020 (SA).
 
Made under the Emergency Management Act 2004 (SA):

• Declaration of a Major Emergency as extended from time to time
• Appointment of Assistant State Co-Ordinator
• Administrative Arrangements (Administration of COVID-19 Emergency Response Act) Proclamation 2020 (p699)

 
Local Government Act 1999 (SA) amended by the Local Government (Public Health Emergency) Amendment Act 2020 (SA).

Western Australia:
Made under the Emergency Management Act 2005 (WA):

• Declaration of State of Emergency, as extended from time to time.
• Emergency Management Regulations 2006 amended by:
  • Emergency Management Amendment Regulations 2020
  • Emergency Management Amendment Regulations (No. 2) 2020

 
Made under the Public Health Act 2016 (WA):

• Western Australia Declaration of Public Health State of Emergency (No 2) as extended from time to time.

Australian Capital Territory:
COVID-19 Emergency Response Act 2020 (ACT) amended by the COVID-19 Emergency Response Legislation Amendment Act 2020 (ACT).
 
Made under the Emergencies Act 2004 (ACT):

• Emergencies (Service Provider) Approval 2020 (No 3)
• Emergencies (Service Provider) Approval 2020 (No 4)
• Emergencies (Service Provider) Approval 2020 (No 5)

Made under the Public Health Act 1997 (ACT):

• Public Health (Emergency) Declaration 2020 (No 1) as extended from time to time.

Northern Territory:
Public and Environmental Health Act 2011 (NT) amended by:

• Emergency Legislation Amendment Act 2020 (NT)
• Public and Environmental Health Legislation Amendment Act 2020 (NT)

 
Information Act 2002 (NT) amended by the Emergency Legislation Amendment Act 2020 (NT).
 
C.  Case law

​This is an area of substantive law that is very likely to result in case law. In particular, we would expect challenges to be made to the breadth of the emergency powers conferred on the Executive. However, as of the last update, we are not aware of any relevant decision of a superior court in this area.

D.  Further resources

• Victorian Bar:  Guide to Pandemic Declaration, Directions and Determinations for Victoria

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