Victorian Bills Explanatory Memoranda

[Index] [Search] [Download] [Bill] [Help]


Public Health and Wellbeing Amendment (State of Emergency Extension and Other Matters) Bill 2020

     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


 


[Index] [Search] [Download] [Bill] [Help]