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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
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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.
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