Health Sciences

Study of Cross-Jurisdictional Issues in Relation to Public Health Emergency Powers

Researchers: Dr Chris Reynolds, Genevieve Howse, and Dr Penelope Weller

Funded by: The National Public Health Partnership

Summary

Australia is governed under a federal system which means that citizens are subject to two parallel sets of laws. The sources of all powers under the system are the Constitutions of the Commonwealth and the States. These State, Territory and Commonwealth laws form the legislative infrastructure supporting government in Australia.

In the drafting of the Constitution, the only specific power granted to the Commonwealth to legislate with respect to public health was the quarantine power. As the States hold all residual power, legislation in public health has historically been almost entirely the province of the States.

Some recent events have caused legislators, policy makers and communicable disease experts to consider how a response might be mounted to the outbreak of a communicable disease of national or international significance. Such a response would need to move fast, be multidisciplinary and could be expected to test all current disaster response systems. An important part of the disaster preparedness and response is the legislative infrastructure which will affect the activities of the many experts and officials who must play their part in preparation, response and evaluation.

The legislative infrastructure sets out the rights and responsibilities of Government officials and others who will manage the outbreak. This Report maps the health and other emergency powers legislation in each Australian jurisdiction, including the Commonwealth and identifies differences and gaps. It looks at legal preparedness for an outbreak of communicable disease of national or international significance and suggests a number of options to facilitate and more cooperative, uniform and coordinated approach.

 

Status of project: Current

Research Outputs to date:

Conference Presentations

Publications

Unpublished Reports

Emergency Powers and Cross-Jurisdictional Issues Regarding Outbreaks of Communicable Diseases (Report).