Legislation earmarks end of COVID emergency framework

Legislation to end the emergency framework for managing COVID has been introduced to State Parliament.

Health Minister Yvette D’Ath said existing legislative emergency powers would lapse as planned on 31 October, to be replaced by a limited set of temporary and targeted measures to manage COVID-19.

“Queensland’s temporary emergency legislation framework has been pivotal to our success throughout the different phases of responding to COVID-19,” the Minister said.

“However, we are still in a global pandemic and COVID-19 remains unpredictable and may continue to present risks for some time yet.

“Though the use of powers under the existing legislation may no longer be required, there are likely to be ongoing risks to our community and health system.

“These risks require targeted and proportionate responses to avoid the uncontrollable spread of COVID-19 and to ensure its ongoing impacts can be effectively managed.

“The time-limited powers in this Bill are a significant step down from the broad powers and discretion exercised by the Chief Health Officer during the public health emergency phase.

“The legislation retains only those powers that are likely to be necessary to manage serious risks in the post-emergency environment and to maintain a nationally consistent approach to responding to COVID-19.” 

The Public Health and Other Legislation Amendment (COVID-19 Management) Amendment Bill 2022 limits the Chief Health Officer’s power to issue public health directions to the three key measures that are most likely to be needed over the next 12 months.

Specifically, the Bill will allow the Chief Health Officer to make directions about:

• mask-wearing in stated circumstances;
• isolation for positive COVID-19 cases and quarantine for close contacts with symptoms; and
• vaccinations for workers in certain settings.

The Bill also provides that the Chief Health Officer can only issue a public health direction if satisfied the direction is reasonably necessary to:

• prevent or respond to a serious risk to the public health system or the community as a result of COVID-19, or
• give effect to decisions of National Cabinet or advice from national advisory bodies relating to the public health response to COVID-19.

“These safeguards will ensure that directions continue to be used only when necessary and in line with the current public health response to COVID-19,” the Minister said.

The powers the Chief Health Officer under the Bill have a sunset clause of 31 October 2023.

Media contact: Martin Philip 0407 675 008