Legislation has passed in the Legislative Assembly to replace the Territory’s public health emergency rules, empowering the Minister for Health to make COVID-19 management declarations.
The Minister, Rachel Stephen-Smith said the Public Health Amendment Bill 2021 (No 2) would enable an ongoing proportionate and transparent public health response to COVID-19.
Ms Stephen-Smith said the ACT had been under a public health emergency declaration since March 2020 and was due to expire by 11 August.
“This has been critical for the ACT Government’s response to the pandemic, protecting the community through a range of necessary public health declarations,” Ms Stephen-Smith said.
“Now we are transitioning to living with COVID‑19 where public health emergency powers may no longer be needed, but the ACT Government must continue to have the ability to respond to the impacts of the pandemic,” she said.
“The Government will now be able to make a COVID-19 management declaration if there are reasonable grounds for believing that COVID-19 presents a serious risk to public health.”
Ms Stephen-Smith said the declaration could be made for up to 90 days at a time and the Chief Health Officer would provide regular reports on whether the declaration was justified.
The Minister said the Act contained a sunset clause, meaning these measures would expire 18 months from when the legislation started.
She said three types of public health directions could be made under a COVID-19 management declaration, including directions on public health and social measures, to limit the spread of COVID-19, and to mandate vaccination requirements in high-risk settings.
“While these directions are similar to those made under the current public health emergency declaration, there is a greater degree of transparency and scrutiny,” Ms Stephen-Smith said.
“Directions made by the Minister for Health and the Executive must seek and consider advice from the Chief Health Officer, and all directions will require consultation with the Human Rights Commissioner,” she said.
“The Legislative Assembly can scrutinise any vaccine mandate or COVID-19 management declaration to ensure it is reasonable in the circumstances, while other directions will be referred to the Justice and Community Safety Committee to consider their human rights implications as part of the Committee’s scrutiny role.”
