After more than two years, the ACT Government is lifting the COVID-19 public health emergency declaration, replacing it with the power to make a “COVID-19 management declaration” that includes regulating businesses and mandating vaccination requirements.
The Public Health Amendment Bill 2021 (No 2) passed the Legislative Assembly today, which ACT Government says will enable it to make easier changes to public health directions in the future.
ACT Minister for Health Rachel Stephen-Smith said the change is part of Canberra’s transition to living with COVID-19.
“The ACT has been under a public health emergency declaration since March 2020. 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.
“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.
“This declaration can be made for up to 90 days at a time and the Chief Health Officer will provide regular reports on whether the declaration is justified. The Act contains a sunset clause, meaning these measures will expire 18 months from when the legislation starts.”
When a COVID-19 management declaration is in effect, three types of public health directions can be made:
- The Minister for Health may make directions on public health and social measures, including regulating gatherings, undertakings and businesses, as well as mandating face masks in certain settings and the use of the check-in and record keeping requirements.
- The Chief Health Officer may make directions to limit the spread of COVID-19, including for the testing or isolation of individuals who test positive or who have been exposed to another person with COVID-19.
- The Executive, which is made up of two Ministers, may make a direction to mandate vaccination requirements in high-risk settings, such as healthcare, disability or aged care, to protect vulnerable people.
“While these directions are similar to those made under the current public health emergency declaration, there is a greater degree of transparency and scrutiny,” Minister 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.
“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.
“These safeguards will give the community confidence that directions are proportionate to the risks and that there is strong oversight and transparency in how we continue to protect the community,” Minister Stephen-Smith said.
The current public health emergency declaration is due to be reviewed by 11 August 2022.
For more information visit covid19.act.gov.au.
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