August 2020

The extension of State of Emergency in the other five states does not need legislation, unlike Victoria. Here's information on the relevant laws for comparison, plus actions taken under similar legislation for COVID-19 in states outside Victoria. We have also now received a Report to Parliament on States of emergency - jurisdictional comparison, which shows clearly what the Victorian Premier is up against.

WA s56 Emergency Management Act 2005

2) The Minister must not make a declaration under this section unless the Minister —

(a) has considered the advice of the State Emergency Coordinator; and

(b) is satisfied that an emergency has occurred, is occurring or is imminent; and

(c) is satisfied that extraordinary measures are required to prevent or minimise —

(i) loss of life, prejudice to the safety, or harm to the health, of persons or animals; or

(ii) destruction of, or damage to, property; or

(iii) destruction of, or damage to, any part of the environment.

(4) The making of a state of emergency declaration does not prevent the making of further state of emergency declarations in relation to the same or a different emergency.

South Australia Public Health Act 2011

87—Public health emergencies

(1) If it appears to the Chief Executive that an emergency has occurred, is occurring or is about to occur, the Chief Executive may, with the approval of the Minister, declare the emergency to be a public health emergency (whether or not the emergency has previously been declared to be a public health incident under section 86). (

2) A declaration under this section— (a) must be in writing and published in a manner and form determined by the Minister; and (b) remains in force for a period specified in the declaration (which must not exceed 14 days) and for such further periods (which may be of any length) as may be approved by the Governor. (3) The Chief Executive may, at any time, revoke a declaration under this section.

TASMANIA: Emergency Management Act 2006

s42

(3) A declaration of a state of emergency may not be made so as to have effect –

(a) for a period exceeding 12 weeks in the case of an emergency relating to disease in humans or animals; or

(b) for a period exceeding 2 weeks in any other case.

(4) The Premier may extend a declaration of a state of emergency for one or more further periods, each of which does not exceed the relevant period specified in subsection (3) , if satisfied that there are reasonable grounds to do so.

(5) The Premier may amend or revoke a declaration of a state of emergency at any time.

Different states use different terminology

WA

On 20 August the State of Emergency was extended to September 3

SA

On 22 August, the State of Emergency was extended for 28 days

NSW - Public Health Emergency in Place

To deal with the public health risk of COVID-19 and its possible consequences, the Minister for Health and Medical Research has made a number of Orders, under section 7 of the Public Health Act 2010.

The Public Health (COVID-19 Restrictions on Gathering and Movement) Order (No 4) 2020 contains directions on gatherings, the use of non-residential and residential premises and community sporting activities. The Order lists premises requiring a COVID-19 safety plan . Generally the number of people allowed on premises will be determined by the ‘one person per 4 square metre rule’. Limits apply to weddings and funerals on residential premises.

People can participate in outdoor public gatherings of not more than 20 people. There is a 20 person limit on visitors to a home. The Order directs employers to allow employees to work from home if this is reasonably practical. The Order commenced on 1 July 2020.

TAS

On 8th of July the State of Emergency was extended to 31 August

QLD

Public Health Emergency extended to 2 October - The Public Health Act 2005 (Qld) does not provide for the declaration of a state of emergency in response to a public health emergency, however emergency measures may be enacted following a public health emergency declaration.