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Contents
1. Public Health Act 2016 (WA)
1.1 Background
1.2 Emergency powers under the Public Health Act 2016 (WA)
2. Emergency Management Act 2005 (WA)
2.1 Background
2.2 Directions under the Emergency Management Act 2005 (WA)
2.3 Penalties
2.4 New powers under the Emergency Management Act 2005 (WA)
1. Public Health Act 2016 (WA)
1.1 Background
On 16 March 2020, the Minister for Health in Western Australia declared a Public Health State of Emergency under section 167 of Public Health Act 2016 (WA) (the Act), Directions were able to be made under section 174(2) of the Act.
Once a public health state of emergency is declared, appointed emergency officers may also exercise the emergency powers listed in Part 12 of the Act.
The public health state of emergency was initially declared for 14 days from 23 March 2020, but has been extended. The current Public Health State of Emergency Declaration has been extended to expire on 18 December 2020.
1.2 Emergency powers under the Public Health Act 2016 (WA)
Emergency officers have the following powers under the Public Health Act 2016 (WA) when a public health state of emergency is in effect:
- To obtain identifying particulars of a person (i.e. their name and address) where reasonably required for emergency management purposes;
- To move and evacuate persons, animals and vehicles in, out or around the emergency area;
- To use any vehicle, or to control or use premises or property of any person for emergency management purposes, subject to certain restrictions;
- To exercise and enforce powers in relation to quarantine, such as directing a person to remain in a specified area or to undergo quarantine or decontamination; and
- Other emergency powers prescribed by the Act.
2. Emergency Management Act 2005 (WA)
2.1 Background
On 15 March 2020, the Minister for Emergency Services in Western Australia declared a state of emergency under section 56 of the Emergency Management Act 2005 (WA). The State of Emergency has been extended, and currently is set expire at 12am on 24 December 2020.
The Emergency Management Act 2005 (WA) provides for the coordinated organisation of emergency management in Western Australia. Under the Act, Directions can be made by the Chief Health Officer to respond to emergencies.
2.2 Directions under the Emergency Management Act 2005 (WA)
The following Directions have been made by the Chief Health Officer:
Isolation (Diagnosed) Directions (No 2): these directions affect people who have been informed they have tested positive for or otherwise been diagnosed with COVID-19. Such persons must isolate until they are informed they are no longer required to isolate. They must do so irrespective of whether they are no longer required to isolate based on other directions. They must truthfully answer questions about their health, follow appropriate infection control measures and comply with instructions and directions given by a relevant officer.
Quarantine and Isolation (Undiagnosed) Directions (No 2): these directions affect three categories of people: people that are a close contact of a person with COVID-19; persons tested for COVID-19 who are awaiting their result; and those who develop COVID-19 symptoms while in quarantine. These people must isolate in accordance with these directions.
Controlled Border for Western Australia Directions: these directions provide the requirement that all persons entering WA are subject to the State's Controlled Border obligations. Under these directions, all persons proposing to enter WA must truthfully and accurately complete a G2G Pass Declaration, present a valid G2G Pass QR Code at their point of entry into WA and complete a health screen. These directions also provide that all international arrivals, and arrivals that, in the 14 days prior to entering WA, have been to South Australia; or New Zealand and any other Australian State or Territory; or have been knowingly been in direct contact with the person who has been to these places, must comply with self-quarantine requirements unless an exception applies.
Closure and Restriction (Limit the Spread) Directions (No 9): these directions prohibit certain gatherings and activities to prevent, control and abate the risks associated with COVID-19 by limiting its spread. All owners of a 'formerly affected place' must not open their premises to the public unless they have satisfied the re-opening requirements including completion or updating of a safety plan, and the display of a safety plan certificate in a prominent place visible to members of the public. Formerly affected places include businesses selling food or drink, gyms and fitness centres, swimming pools, cinemas, casinos, places of worship, amusement parks or arcades, and hotels or accomodation services. These directions commence from 5 December 2020, and also require occupiers or persons in charge of a Schedule 1 places to request contact information from persons entering that place. Schedule 1 places include businesses selling food or drink, gyms and fitness centres, swimming pools, cinemas, casinos, places of worship, amusement parks or arcades, and hotels or accomodation services.
2.3 Penalties
- A person who does not comply with a Direction of the Chief Health Officer or emergency officer can be punished with imprisonment for up to 12 months, or liable to pay a fine of up to $50,000.
- A corporation that does not comply with a Direction of the Chief Health Officer or emergency officer can be liable to pay a fine of up to $250,000.
2.4 New powers under the Emergency Management Act 2005 (WA)
The amendments introduced in the Emergency Management Amendment (COVID-19 Response) Bill 2020 (WA) introduce the following powers:
- The State Emergency Coordinator may direct that a person who is in quarantine be subject to an approved electronic monitoring device if it is satisfied that this is necessary to monitor the person’s location during the quarantine period, which is either to be worn on their person, installed in their house, or implemented in any other reasonable way.
- An authorised officer may enter a place where an approved electronic monitoring device has been installed to retrieve the device at any time.
A failure to comply with a direction relating to an electronic monitoring device, or an attempt to obstruct an authorised officer or to remove or impede the functioning of an electronic monitoring device, may result in a penalty consisting of 12 months imprisonment or a fine of $12,000.
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