New and Amended Australian Capital Territory Laws
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Contents
1. Public Health Act 1997 (ACT)
1.1 Background
1.2 The Public Health (Emergencies) Amendment Act 2020 (ACT)
1.3 Directions under the Public Health Act 1997 (ACT)
1.4 Penalties
2. COVID-19 Emergency Response Act 2020 (ACT)
1. Public Health Act 1997 (ACT)
1.1 Background
The Public Health (Emergencies) Amendment Act 2020 (ACT) amended the Public Health Act 1997 (ACT).
A declaration of an emergency due to COVID-19 was made under the Public Health (Emergency) Declaration 2020 (No 1). The emergency declaration has been repeatedly extended.
Further, the COVID-19 Emergency Response Act 2020 (ACT) came into effect on 8 April 2020, amending a range of Acts, as summarised below.
1.2 The Public Health (Emergencies) Amendment Act 2020 (ACT)
This Act allows an emergency declaration to come into force immediately (previously it was ‘on the day’). A COVID-19 Declaration is added in the Act. The Act also provides for the power to extend a COVID-19 Declaration for up to 90 days. Other declarations remain only able to be extended for 2 days. A COVID-19 Declaration must be revoked if the Minister, on advice from the Chief Health Officer, decides that the declaration is no longer justified. After 30 days of an extension, the Chief Health Officer must advise the Minister every 30 days about the status of the emergency and whether the Declaration is justified.
Section 120(1)(f) was inserted into the Public Health Act 1997 (ACT) allowing the Chief Health Officer to direct the occupier of property to place the property under the control or disposal of the Chief Health Officer. This particular direction must be given in writing and takes effect immediately after it is given, unless otherwise directed.
Currently, an emergency declaration can only remain in force initially for 5 days and then be extended (and further extended) by up to 2 days each time. Section 120 allows the Chief Health Officer to take any action or give any direction (orally or in writing) they consider necessary or desirable to alleviate the emergency.
1.3 Directions under the Public Health Act 1997 (ACT)
The following Directions remain in force:
Public Health (Restricted Activities – Gatherings, Business or Undertakings) Emergency Direction 2020 (No 15): A person must not organise or attend a gathering that exceeds 1 person per 2 square metres or 500 people per usable outdoor space (whichever is the lesser).
Public Health (Emergency) Declaration Further Extension 2020 (No 12): Which extends the period during which the emergency declaration is in force for a period of 90 days.
Public Health (Returned Travellers) Emergency Direction 2020 (No 8): Which requires those who have arrived in the Australian Capital Territory following a flight from overseas to be subject to mandatory quarantine . A person is exempt from this requirement if they are a member of an international flight crew, ambulance or medevac crew (they are subject to self quarantine under Part 2) or a child who has travelled unaccompanied (Subject to home quarantine under Part 3).
Public Health (Residential Aged Care Facilities) Emergency Direction 2020 (No 3): Which prevents a person from entering or remaining on the premises a residential aged care facility unless they fall within the list of excepted persons. The exceptions include employees or contractors of the facility, providers of goods or services that are necessary for the effective operation of the facility, health care providers, care and support providers to residents of the facility, emergency management or law enforcement, or the person’s presence at the premises is in the person’s capacity as a prospective resident of the facility. Even where a person falls within one of the listed exceptions, they must not enter or remain on the premises of a residential aged care facility if: during the 14 days immediately preceding the entry, the person arrived in Australia from a place outside of Australia or had known contact with a person who has a confirmed case of COVID-19, or the person has a temperature higher than 37.5 degrees or symptoms of acute respiratory infection, or the person does not have an up to date vaccination against influenza. A person aged under 16 years is generally also not allowed. Persons must have an up to date vaccination against influenza to enter or remain at a residential aged care premises.
The Public Health (Self-Isolation) Emergency Direction 2020 (No 4): Which requires those diagnosed with COVID-19 to travel directly to a hospital for treatment or to a premises that is suitable for the person to reside in until they are given clearance by an authorised medical officer. They must not leave the premises except to obtain medical care or medical supplies, in an emergency situation or in limited outdoor circumstances where it is possible to avoid close contact with other persons and not to enter any other buildings. A diagnosed person must also communicate their diagnosis to any person to whom they come into contact with until being cleared by an authorised medical officer. They must also comply with any request by a police officer of member of the ambulance service to produce proof of identification.
Public Health (COVID-19 Interstate Travellers - South Australia) Emergency Direction 2020 (No 2): An affected person who wishes to travel into the Australian Capital Territory must complete an interstate traveller self - declaration form within the 24-hour period prior to travel and receive confirmation to travel before the affected person arrives in the ACT.
Each Direction expires at the time specified in the Direction, unless extended.
1.4 Penalties
Under section 120 of the Public Health Act 1997 (ACT), failing to comply with a direction without a reasonable excuse has a maximum penalty of $8,000 for individuals. In the case of a body corporate the maximum penalty is $40,500. In the case of a utility that is a body corporate the maximum penalty is $1,620,000.
Under section 121, an authorised person is the chief health officer, authorised public health officer, member of the ambulance service, a police officer or any person authorised by the chief health officer. These authorised persons have emergency powers to enter and use reasonable force to prevent harm to a person, prevent access to any place, close pedestrian or vehicle traffic and remove a person obstructing an authorised person.
2. COVID-19 Emergency Response Act 2020 (ACT)
The Act requires that, for each month that a COVID-19 declaration is in force, the responsible Minister for a COVID-19 measure must prepare a report for the Legislative Assembly on the application of the measure.
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