Report to Parliament on the Declaration of a State of Emergency · 2020. 3. 16. · Emergency...

Report to Parliament on the Declaration of a State of Emergency

Report under section 198(8) of the Public Health and

Wellbeing Act 2008

Contents

Purpose of the report ................................................................................................................................. 3

Summary of the State of Emergency ........................................................................................................ 4

State of Emergency Declaration ............................................................................................................... 5

Prohibiting non-essential mass gatherings ............................................................................................. 6

Returning from overseas travel ................................................................................................................ 8

1. Time of key decisions in support of declaration of a State of Emergency ................................ 9

A state of emergency is in effect from 12:00PM on Monday 16 March 2020 for four weeks ....................... 9

2. Summary of powers exercised under the Public Health and Wellbeing Act 2008 ..................10

Exercise of emergency powers under section 198 of the Public Health and Wellbeing Act 2008 .............10

Purpose of the report

This report is provided to Parliament pursuant to section 198(8) of the Public Health and Wellbeing Act

2008 on the State of Emergency and the powers exercised as described below.


Summary of the State of Emergency

Towards the end of 2019 through to March 2020, the Novel Coronavirus or COVID-19 (formally known

as 2019-nCov) has spread globally and now poses a significant risk to public health in Victoria.

COVID-19 had not been seen in humans previously. It is transmitted in people in an early stage of illness

where symptoms may be negligible or unnoticed, and it is estimated that one person can infect two to

four other people, which increases the potential number of persons likely to be affected.

Victorians who are infected with COVID-19 may suffer mild respiratory through to serve illness and death

with elderly people and those with co-existing medical conditions especially at risk of becoming unwell.

The entire population of Victoria is susceptible to infection from COVID-19.

Since the discovery of COVID-19 in late 2019, the key developments for the progress of COVID-19

include:

– In late 2019, a Novel Coronavirus, now referred to as COVID-19, was identified in the city of

Wuhan in the Hubei province of mainland China.

– On 21 January 2020, Australia declared COVID-19 a communicable disease incident of national

significance.

– On 30 January 2020, the World Health Organisation declared COVID-19 a public health

emergency of significant concern.

– On 27 February, the Commonwealth Government announced that Australia is treating the

COVID-19 as a pandemic and activated an Australian Health Sector Emergency Response Plan.

– On 11 March 2020, the World Health Organisation announced their assessment that COVID-19

should be characterised as a pandemic.

– On 13 March 2020, The Hon Scott Morrison MP, Prime Minister, announced the establishment of

a National Cabinet and advised the National Cabinet had adopted new Guidelines that required

non-essential mass-gatherings of 500 people or more to cease from Monday 16 March 2020.

– On 15 March 2020, The Hon Scott Morrison MP, Prime Minister, announced a requirement that

overseas travellers arriving in Australia self-isolate for a period of 14 days.


State of Emergency Declaration

The Minister for Health may, on the advice of the Chief Health Officer and after consultation with the

Minister for Police and Emergency Services and Emergency Management Commissioner under the

Emergency Management Act 2013, declare a state of emergency arising out of any circumstances

causing a serious risk to public health under section 198 of the Public Health and Wellbeing Act 2008.

On 15 March 2020, the Chief Health Officer provided advice to the Minister for Health that there was a

serious, and potentially catastrophic, risk to public health arising from COVID-19 in the State of Victoria.

Consultation also occurred, as required by the Public Health and Wellbeing Act 2008, with the Minister

for Police and Emergency Services and the Emergency Management Commissioner.

Accordingly, the Minister for Health declared a state of emergency under the Public Health and

Wellbeing Act 2008 throughout Victoria to take effect immediately as of Monday 16 March 2020 for a

period of four weeks.

This decision was based on key factors consistent with the principles in the Public Health and Wellbeing

Act 2008 and the urgent need to take steps to eliminate or reduce the serious risk to public health:

– the nature, scale and effect of the harm, illness or injury that may develop – the morbidity

and mortality rate of COVID-19 is a serious threat to the community, especially the elderly,

chronically ill and vulnerable, and may place a significant burden on Victoria’s health system.

Internationally, the fatality rate has ranged from 0.8% in South Korea through to 6.6% in Italy, with

the World Health Organisation (WHO) estimating the global mortality rate between 2.2% and

4.3%.

– availability and effectiveness of precaution, safeguard, treatment or other measures to

elimination or reduce the risk to the health of human beings – there are currently no

vaccinations and no widely used pharmaceutical countermeasures for COVID-19. Early evidence

suggests that measures such as quarantine, contact tracing and infection prevention will control

spread, and minimise morbidity and mortality. Effectively isolating cases and reducing infection

with social distancing, targeted closures of events or premises and timely sharing of information

are vital to control the spread of COVID-19.

– location immediacy and seriousness of threat – strong evidence suggests sustained human

transmission of COVID-19 has impacted the healthcare system of several countries, which poses

a threat to the entire Victorian population and healthcare system.

Another critical consideration is the emergency powers available in conjunction to the public health risk

powers under the Public Health and Wellbeing Act when a state of emergency is declared, in particular:

– their availability only when a state of emergency has been declared;

– the breadth of the actions available under those powers (such as restricting the movement of

people); and

– that the powers may be exercised more broadly.


Prohibiting non-essential mass gatherings

Under section 199 of the Public Health and Wellbeing Act 2008, if a state of emergency exists, the Chief

Health Officer may authorise an authorised officer to exercise emergency powers or public health risk

powers for the purposes of eliminating or reducing the serious risk to public health.

Under section 200 of the Public Health and Wellbeing Act 2008, the emergency powers include the

ability to:

– detain any person or group of persons in an emergency area;

– restrict the movement of any person or group of persons within the emergency area;

– prevent any person or group of persons from entering an emergency area;

– give any other directions that the authorised officer considers is reasonably necessary to protect

public health.

An emergency area is an area described in the state of emergency declaration.

Consistent with announcement of the Hon Scott Morrison MP, Prime Minister, on Friday 13 March 2020

to cease non-essential mass-gatherings of 500 people or more from Monday 16 March 2020, the Chief

Health Officer has exercised these emergency powers to make a direction in relation to these types of

gatherings to eliminate or reduce the serious risk to public health posed by COVID-19.

The Chief Health Officer’s direction notes that:

– a number of Victorians have been identified as infected with COVID-19, more individuals are

suspected of being infected with COVID-19 and significantly more cases of COVID-19 are

expected;

– that without the exercise of the emergency powers in conjunction with existing public health risk

powers, the spread of COVID-19 will continue, and there is a material risk that substantial injury or

prejudice to the health of human beings will occur as a result of further infections.

Accordingly, pursuant to section 200(1)(b) and 200(1)(d) of the Public Health and Wellbeing Act 2008,

the Chief Health Officer has directed that:

1. A person who owns, controls or operates premises in the State of Victoria must not allow a

mass gathering to occur on the premises between noon on 16 March 2020 and midnight on

13 April 2020.

2. A person must not organise a mass gathering on premises in the State of Victoria between noon

on 16 March 2020 and midnight on 13 April 2020.

3. A person must not attend a mass gathering on premises in the State of Victoria between noon on

16 March 2020 and midnight on 13 April 2020.

4. A mass gathering is any gathering of five hundred (500) or more persons in a single undivided

space at the same time, whether in an indoor or outdoor space, but does not include a

gathering:

a. at an airport that is necessary for the normal business of the airport;

b. for the purposes of or related to public transportation, including in vehicles or at public

transportation facilities such as stations, platforms and stops;

c. at a medical or health service facility that is necessary for the normal business of the


facilities;

d. for the purposes of emergency services;

e. at a disability or aged care facility that is necessary for the normal business of the

facility;

f. at a prison, correctional facility, youth justice centre or other place of custody;

g. at a court or tribunal;

h. at Parliament for the purpose of its normal operations;

i. at a food market, supermarket, grocery store, retail store, shopping centre that is

necessary for the normal business of those premises;

j. at an office building, factory or construction site that is necessary for the normal

operation of those premises;

k. at a school, university, educational institution or childcare facility that is necessary for the

normal business of the facility;

l. at a hotel or motel that is necessary for the normal operation of accommodation

services;

m. at a place where five hundred (500) or more persons may be present for the purposes of

transiting through the place; or

Example: Federation Square or Bourke Street Mall.

n. specified as exempt from this direction by the Chief Health Officer in writing or delivered

by an operator who has a social distancing policy approved in writing by the Chief Health

Officer.

5. For the purposes of paragraph 5(k), a school event that involves members of the community in

addition to staff and students is deemed not necessary for the normal business of the facility.

Note: The intended effect of paragraph 5 is that a school event that involves members of the

community in addition to staff and students will be a mass gathering if it involves a gathering

of five hundred (500) or more persons in a single undivided space at the same time. School

events include assemblies, sporting events or parent-teacher events.

6. A person must not refuse or fail to comply with a direction given to the person, or a requirement

made of the person, in the exercise of an emergency power or else they are guilty of an offence.


Returning from overseas travel

Consistent with the announcement of the Hon Scott Morrison MP, Prime Minister, on 15 March 2020 that

the National Cabinet had adopted a recommendation that international travellers should self-isolate for a

period of 14 days, the Chief Health Officer has made a direction in relation to arriving international

travellers to eliminate or reduce the serious risk to public health posed by COVID-19.

Accordingly, pursuant to section 200(1)(b) and 200(1)(d) of the Public Health and Wellbeing Act 2008,

the Chief Health Officer has directed that:

• Except in those circumstances identified in the paragraph below, a person who arrives at an airport

in Victoria on a flight that originated from a place outside Australia, or on a connecting flight from a

flight that originated from a place outside Australia:

o must travel from the airport to a premises that is suitable for the person to reside in for a

period of 14 days;

o except in exceptional circumstances, must reside in that premises for the period beginning

on the day of arrival and ending at midnight on the fourteenth (14th) day after arrival;

o must not leave the premises, except:

i. for the purposes of obtaining medical care or medical supplies;

ii. in any other emergency situation;

iii. in circumstances where it is possible to avoid close contact with other persons; and

o must not permit any other person to enter the premises unless that other person usually lives

at the premises, or the other person is also complying with this direction for the same 14 day

period, or for medical or emergency purposes.

• A person is not required to comply with the direction in the paragraph above if the person is:

o a member of the flight crew;

o a citizen or permanent resident of a Pacific Island; or

o a person intending to live indefinitely on a Pacific Island and who is travelling through an

airport in Victoria in transit to the Pacific Island.

A person must not refuse or fail to comply with a direction given to the person, or a requirement made of

the person, in the exercise of an emergency power or else they are guilty of an offence.


1. Time of key decisions in support of declaration of a State of Emergency

A state of emergency is in effect from 12:00PM on Monday 16 March 2020 for four weeks

Date Summary of decision Rationale for decision Reference document

16 March 2020 On the advice of the Chief Health Officer and after consultation

with the Minister for Police and Emergency Services and the

Emergency Management Commission under the Emergency

Management Act 1986, the Minister for Health declared a state

of emergency throughout the State of Victoria arising out of the

serious risk to public health in Victoria from COVID-19 under

section 198(1) of the Public Health and Wellbeing Act 2008.

This declaration took effect immediately and operates for a

period of 4 weeks from the date of this declaration, 16 March

2020 to 13 April 2020.

On 15 March 2020, the Chief Health Officer advised the Minister

for Health that there is a serious, and potentially catastrophic,

risk to public health arising from 2019-nCoV throughout the

State of Victoria.

The advice considered the current evidence of the projected

numbers of people impacted, seriousness of the threat, how

widespread the threat is throughout Victoria, whether action is

required now, the likely outcome to human health from not taking

action, and how many people would be impacted from not taking

action. This included the certain categories of the population

impact our most vulnerable, and what effective measures may

be put in place to effectively manage the health threats

identified.

Particular consideration was given to the emergency powers

available under the Public Health and Wellbeing Act 2008 once

a state of emergency is declared, in particular the ability to

impose restrictions on the movement of people and that they can

be exercised in relation to the whole of the emergency area.

Declaration of state of

emergency under the

Public Health and

Wellbeing Act 2008

(Attachment A)


2. Summary of powers exercised under the Public Health and Wellbeing Act 2008

Exercise of emergency powers under section 198 of the Public Health and Wellbeing Act 2008

Date Summary of exercise of power Reasons for the exercise of power Document

16 March 2020 Under section 200(1)(b) and section 200(1)(d) of the Public

Health and Wellbeing Act 2008, the Chief Health Officer

exercised an emergency power to direct:

1. A person who owns, controls or operates premises in

the State of Victoria must not allow a mass gathering

to occur on the premises between noon on 16 March

2020 and midnight on 13 April 2020.

2. A person must not organise a mass gathering on

premises in the State of Victoria between noon on 16

March 2020 and midnight on 13 April 2020.

3. A person must not attend a mass gathering on

premises in the State of Victoria between noon on 16

March 2020 and midnight on 13 April 2020.

4. A mass gathering is any gathering of five hundred

(500) or more persons in a single undivided space at

the same time, whether in an indoor or outdoor space,

but does not include a gathering:

a. at an airport that is necessary for the normal

business of the airport;

b. for the purposes of or related to public

transportation, including in vehicles or at public

transportation facilities such as stations,

platforms and stops;

c. at a medical or health service facility that is

The exercise of the emergency power to impose a restriction on mass gatherings was necessary because a number of individuals have been identified throughout Victoria who have been infected with COVID-19, more individuals are suspected to be infected with COVID-19 and significantly more cases are expected.

Without the exercise of these powers, in conjunction with the

existing public health risk powers, the spread of COVID-19 is

likely to continue, and there is a material risk that substantial

injury or prejudice to the health of human beings will occur as a

result of further infections.

Direction from Chief Health Officer in accordance with emergency powers arising from declared state of emergency (Attachment B)



necessary for the normal business of the

facilities;

d. for the purposes of emergency services;

e. at a disability or aged care facility that is

necessary for the normal business of the

facility;

f. at a prison, correctional facility, youth justice

centre or other place of custody;

g. at a court or tribunal;

h. at Parliament for the purpose of its normal

operations;

i. at a food market, supermarket, grocery store,

retail store, shopping centre that is necessary

for the normal business of those premises;

j. at an office building, factory or construction

site that is necessary for the normal operation

of those premises;

k. at a school, university, educational institution

or childcare facility that is necessary for the

normal business of the facility;

l. at a hotel or motel that is necessary for the

normal operation of accommodation services;

m. at a place where five hundred (500) or more

persons may be present for the purposes of

transiting through the place; or

Example: Federation Square or Bourke Street

Mall.

n. specified as exempt from this direction by the

Chief Health Officer in writing or delivered by

an operator who has a social distancing policy

approved in writing by the Chief Health Officer.



5. For the purposes of paragraph 5(k), a school event

that involves members of the community in addition to

staff and students is deemed not necessary for the

normal business of the facility.

Note: The intended effect of paragraph 5 is that a

school event that involves members of the

community in addition to staff and students will be

a mass gathering if it involves a gathering of five

hundred (500) or more persons in a single

undivided space at the same time. School events

include assemblies, sporting events or parent-

teacher events.

16 March 2020 Under section 200(1)(b) and section 200(1)(d) of the Public

Health and Wellbeing Act 2008, the Chief Health Officer

exercised an emergency power to direct:

• Except in those circumstances identified in the paragraph

below, a person who arrives at an airport in Victoria on a

flight that originated from a place outside Australia, or on a

connecting flight from a flight that originated from a place

outside Australia:

o must travel from the airport to a premises that is

suitable for the person to reside in for a period of

14 days;

o except in exceptional circumstances, must reside

in that premises for the period beginning on the

day of arrival and ending at midnight on the

fourteenth (14th) day after arrival;

o must not leave the premises, except:

i. for the purposes of obtaining medical care or

medical supplies;

ii. in any other emergency situation;

The exercise of the emergency power to impose a requirement that overseas travellers must self-quarantine in a suitable premises is necessary because of the risk of infected people with COVID-19 entering Victoria.

Without the exercise of these powers, in conjunction with the existing public health risk powers, the spread of COVID-19 is likely to continue, and there is a material risk that substantial injury or prejudice to the health of human being swill occur as a result of further infections.

Direction from Chief Health Officer in accordance with emergency powers arising from declared state of emergency (Attachment B)



iii. in circumstances where it is possible to avoid

close contact with other persons; and

o must not permit any other person to enter the

premises unless that other person usually lives at

the premises, or the other person is also

complying with this direction for the same 14 day

period, or for medical or emergency purposes.

• A person is not required to comply with the direction in the

paragraph above if the person is:

o a member of the flight crew;

o a citizen or permanent resident of a Pacific Island;

or

o a person intending to live indefinitely on a Pacific

Island and who is travelling through an airport in

Victoria in transit to the Pacific Island.

Attachment A

Attachment B

Report to Parliament on the Declaration of a State of Emergency · 2020. 3. 16. · Emergency...

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