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Public Health and Wellbeing Amendment (State of Emergency Extension and Other Matters) Bill 2020 Introduction Print EXPLANATORY MEMORANDUM Clause Notes Part 1--Preliminary Clause 1 sets out the main purposes of the Public Health and Wellbeing Amendment (State of Emergency Extension and Other Matters) Bill 2020 (the Bill). The main purposes of the Bill are to amend the Public Health and Wellbeing Act 2008-- • to lengthen the total period for which a state of emergency declaration may continue in force in respect of the COVID-19 pandemic from 6 to 12 months; and • to alter the circumstances in which the Chief Health Officer may authorise authorised officers to exercise certain powers; and • to clarify the power of the Chief Health Officer in respect of directions; and • to clarify the application of the definition of serious risk to public health for purposes relating to emergency declarations and the exercise of certain powers; and • to enhance reporting requirements when a state of emergency declaration in respect of the COVID-19 pandemic is extended beyond 6 months. 591226 1 BILL LC INTRODUCTION 31/8/2020 Clause 2 is the commencement provision. It provides that the Act will come into operation on the day after the day on which it receives Royal Assent. As all clauses will commence on that day, no forced commencement date is required. Part 2--Amendment of the Public Health and Wellbeing Act 2008 Clause 3 inserts a new definition and clarifies the application of another definition in section 3(1) of the Public Health and Wellbeing Act 2008. Subclause (1) inserts a new definition of community transmission into section 3(1) of the Public Health and Wellbeing Act 2008. It is necessary to include this new definition to define the circumstances in which a serious risk to public health may arise in new subsection (4). Subclause (2) inserts a new subsection (4) into section 3 of the Public Health and Wellbeing Act 2008 to specify circumstances that may give rise to a serious risk to public health for the purpose of determining when a state of emergency may be declared and when public health risk powers and emergency powers may be exercised under Division 3 of Part 10 with respect to COVID-19. Subsection (4) has the effect that in circumstances where the rate of community transmission of COVID-19 in Victoria is low or there are no new cases of COVID-19 for a period of time, COVID-19 may pose a material risk of substantial injury or prejudice to the health of human beings and may give rise to a serious risk to public health. In these circumstances, a state of emergency may be declared by the Minister, and, for the period of a declared state of emergency, the exercise of public health risk powers and emergency powers may be authorised by the Chief Health Officer. Clause 4 inserts new section 20A into the Public Health and Wellbeing Act 2008 to clarify that the Chief Health Officer may personally exercise public health risk powers and emergency powers if the Chief Health Officer is an authorised officer appointed by the Secretary. This clarifies that both authorised officers and the Chief Health Officer may exercise these powers. Clause 5 amends section 198(7)(c) of the Public Health and Wellbeing Act 2008 to extend the period that a state of emergency declaration relating to the COVID-19 pandemic may continue in force from 6 months to 12 months. This extension is necessary to 2 allow the Chief Health Officer to authorise the exercise of public health risk powers and emergency powers under section 199 during the extended period that the state of emergency declaration is in force. Clause 5 also amends section 198 of the Public Health and Wellbeing Act 2008 to include new subsections (8A) and (8B). The new subsections provide for enhanced reporting requirements if a state of emergency declaration relating to the COVID-19 pandemic is extended. Specifically, the report must include a copy of the advice of the Chief Health Officer in respect of the extension. The report must be tabled in each House of the Parliament within a day of making if Parliament is sitting or within 3 days of making otherwise. Clause 6 amends section 199(1)(b) of the Public Health and Wellbeing Act 2008 to reduce the threshold required for the Chief Health Officer to be able to authorise authorised officers to exercise public health risk powers and emergency powers to eliminate or reduce a serious risk to public health from a belief that it is "necessary" to a belief that it is "reasonably necessary" to do so. Clause 7 inserts a new section 200(10) into the Public Health and Wellbeing Act 2008 to provide that if the Chief Health Officer directs the detention of a person under section 200(1)(a), the Chief Health Officer must provide to the Minister the same notice that an authorised officer would be required to provide to the Chief Health Officer under section 200(7). This amendment ensures that the Minister receives the same written notice of persons subject to detention whether it is the Chief Health Officer or an authorised officer who directed the detention. This amendment is consequential to the amendment made by clause 4 of the Bill. Part 3--Repeal of this Act Clause 8 provides that the Public Health and Wellbeing Amendment (State of Emergency Extension and Other Matters) Act 2020 is repealed on the first anniversary of commencement. 3