​19. Public Health

A. Biosecurity / Public Health

i.  Legislation

Commonwealth:
Biosecurity Act 2015 (Cth) amended by the Coronavirus Economic Response Package Omnibus Act 2020 (Cth).  

As to the legislative power to enact those provisions, see Chapter 2.
 
Made under the Biosecurity Act 2015 (Cth):

• Biosecurity (Listed Human Diseases) Determination 2016, amended by:
  • Biosecurity (Listed Human Diseases) Amendment Determination 2020: adds human coronavirus with pandemic potential as a listed human disease.

• Biosecurity (Human Biosecurity Emergency) (Human Coronavirus with Pandemic Potential) Declaration 2020: declares that a human biosecurity emergency exists under the Biosecurity Act 2015 (Cth).
  • Extended to 17 September 2020 by the Biosecurity (Human Biosecurity Emergency) (Human Coronavirus with Pandemic Potential) Variation (Extension) Instrument 2020
• Biosecurity (Human Biosecurity Emergency) (Human Coronavirus with Pandemic Potential) (Emergency Requirements) Determination 2020 as amended from time to time.
• Biosecurity (Human Biosecurity Emergency) (Human Coronavirus with Pandemic Potential) (Overseas Travel Ban Emergency Requirements) Determination 2020: imposes an overseas travel ban for Australian citizens and permanent residents.
• Biosecurity (Human Biosecurity Emergency) (Human Coronavirus with Pandemic Potential) (Emergency Requirements for Remote Communities) Determination 2020 as amended from time to time.
• ​Biosecurity (Human Biosecurity Emergency) (Human Coronavirus with Pandemic Potential) (Emergency Requirements—Retail Outlets at International Airports) Determination 2020: determines the closure of most retail outlets operating within international terminals and international areas of joint domestic/international terminals at Australian international airports.
• Biosecurity (Human Biosecurity Emergency) (Human Coronavirus with Pandemic Potential) (Essential Goods) Determination 2020: imposes requirements to prohibit the practice of price gouging of prescribed essential goods, and ensures that those who breach the relevant restrictions surrender these goods to law enforcement (who will be required to redistribute the surrendered goods to the National Medical Stockpile, provided they are not deficient).
• Biosecurity (Exit Requirements) Determination 2020.
• Biosecurity (Human Biosecurity Emergency) (Human Coronavirus with Pandemic Potential) (Emergency Requirements—Public Health Contact Information) Determination 2020: provides privacy protections for data collected through a contact tracing app, providing that a person must not collect, use, disclose or otherwise deal with the data unless one of the exemptions listed in the instrument apply.

 
The following were repealed by the Biosecurity Repeal (Human Health Response Zones) Determination 2020 and are no longer in force:

• Biosecurity (Human Health Response Zone) (North West Point Immigration Detention Centre) Determination 2020.
• Biosecurity (Human Health Response Zone) (Royal Australian Air Force Base Learmonth) Determination 2020.
• Biosecurity (Human Health Response Zone) (Howard Springs Accommodation Village) Determination 2020.

 
The following is also no longer in force: Biosecurity (Human Health Response Zone) (Swissotel Sydney) Determination 2020.

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

• Public Health and Wellbeing Regulations 2019 amended by the Public Health and Wellbeing Amendment (Coronavirus) Regulations 2020

New South Wales:
Public Health Act 2010 (NSW) amended by:

• COVID-19 Legislation Amendment (Emergency Measures) Act 2020 (NSW); 
• Public Health Amendment (Scheduled Medical Conditions and Notifiable Diseases) Order (No 2) 2020; and
• COVID-19 Legislation Amendment (Emergency Measures—Miscellaneous) Act 2020 (NSW).

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Made under the Public Health Act 2010 (NSW):

• Public Health Regulation 2012 amended by Public Health Amendment (COVID-19 Spitting and Coughing) Regulation 2020.
• Public Health (COVID-19 Spitting and Coughing) Order 2020: directs that a person must not intentionally spit at or cough on public officials or other workers in a way that is reasonably likely to cause fear about the spread of COVID-19.

 
Queensland:
Public Health Act 2005 (Qld) amended by:

• Public Health and Other Legislation (Public Health Emergency) Amendment Act 2020 (Qld).
• Public Health (Declared Public Health Emergencies) Amendment Act 2020 (Qld).

 
Made under the Public Health Act 2005 (Qld):

• Public Health Regulation 2018 amended by:
  • Public Health (COVID-19) and Other Legislation Amendment Regulation 2020.
  • Public Health (Emergency Officers (General)) Amendment Regulation 2020.
• Protecting Public Officials and Workers (Spitting, Coughing and Sneezing) Direction (No. 3).

 
Justice and Other Legislation (COVID-19 Emergency Response) Amendment Act 2020 (Qld):

• Assisting Queensland’s health and disability sectors to operate safely and effectively through amendments to the:
  • Disability Services Act 2006 (Qld);
  • Forensic Disability Act 2011 (Qld);
  • Mental Health Act 2016 (Qld);
  • Private Health Facilities Act 1999 (Qld);
  • Public Health Act 2005 (Qld).
• Ensuring there is an ability for COVID-19 testing of persons suspected of committing particular offences through amendments to the Police Powers and Responsibilities Act 2000 (Qld).
  

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

• Direction under Section 16 (Mersey Community Hospital – No. 1) (pp 269-270).
  • Revoked by Revocation of Direction under Section 16 (Revocation of Mersey Community Hospital – No. 1) (p 270).
• Direction under Section 16 (Hospitals - No. 4).

 
COVID-19 Disease Emergency (Miscellaneous Provisions) Act (No. 2) 2020 (Tas):

• Part 3 – Functions of Tasmanian Health Service.

South Australia:
South Australian Public Health Act 2011 (SA) amended by:

• South Australian Public Health (Controlled Notifiable Conditions) Amendment Act 2020 (SA)
• COVID-19 Emergency Response Act 2020 (SA)

 
Made under the South Australian Public Health Act 2011 (SA):

• South Australian Public Health (Notifiable and Controlled Notifiable Conditions) Regulations 2012.
• Declaration of a Notifiable and a Controlled Notifiable Condition—Notice by the Minister (3 April 2020).
• Notice by the Minister (28 January 2020) (p 199).

Western Australia:
Made under the Public Health Act 2016 (WA):

• Public Health (Notifiable Infectious Diseases) Order 2020 (p 251).

Mandatory Testing (Infectious Diseases) Act 2014 (WA) amended by the Mandatory Testing (Infectious Diseases) Amendment (COVID-19 Response) Act 2020 (WA).

Made under the Mandatory Testing (Infectious Diseases) Act:

• Mandatory Testing (Infectious Diseases) Regulations 2020: COVID-19 is prescribed for the purposes of paragraph (d) of the definition of infectious disease in section 4 of the Act.

Australian Capital Territory:
Public Health Act 1997 (ACT) amended by Public Health (Emergencies) Amendment Act 2020 (ACT), in turn amended by the COVID-19 Emergency Response Legislation Amendment Act 2020 (ACT).
 
Made under the Public Health Act 1997 (ACT) (does not include repealed instruments):

• Public Health (‘COVID 19’ AKA ‘Novel Coronavirus’ – Temporary Notifiable Condition) Determination 2020 (No 1).
• 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).

 
Made under the Public and Environmental Health Act 2011 (NT):

• Public and Environmental Health Regulations 2014 amended by:
  • Public and Environmental Health Amendment Regulations 2020.
  • Public and Environmental Health Legislation Amendment Act 2020 (NT).
• Declaration of Public Health Emergency as extended from time to time.

Made under the Private Security Act 1995 (NT):

• Exemption for certain crowd controllers and security officers in relation to first aid requirements.

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ii.  Case law

​This is an area of substantive law that is very likely to result in case law. As of the last update, we are not aware of any relevant decision of a superior court in this area.

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