The ACT Government is looking to maintain several public health emergency powers for 18 months after the immediate coronavirus threat has ceased.

They are seeking to maintain their capacity to mandate vaccines in “certain circumstances” and implement test, trace, isolate and quarantine measures once the public health emergency is declared over.

The bill is COVID-19 specific and contains a sunset clause giving it an 18-month lifespan.

The Public Health Emergency, which has been in effect since 16 March 2020, provides the Chief Health Officer with additional powers to “do whatever is necessary” to contain the spread of COVID-19.

The ACT Government today introduced the legislation in question, Public Health Amendment Bill 2021 (No 2), in the Legislative Assembly yesterday.

“It’s essential that we maintain the ability in the short to medium term to respond quickly to changing circumstances, such as fresh outbreaks or any emerging variants of concern,” Chief Minister Andrew Barr said.

The Bill doesn’t give Government the power to impose lockdowns or curfews as part of the proposed public health directions. It also wouldn’t allow the ACT Government to prohibit businesses, events or activities from running.

A declared state of emergency would need to be in place for these restrictions to be re-introduced.

Minister for Health Rachel Stephen-Smith said the Government has worked closely with the Human Rights Commission during the drafting of the Bill and is confident the “safeguards are in place” to satisfy community expectations.

“This Bill will enable us to move out of the public health emergency that was declared in March 2020, and safely and cautiously move toward living in a COVID-normal world,” the health minister said.

Included in the Bill is the capacity for citizens to seek an internal review if they are unhappy with decisions about their exemption applications, and introduces external review of decisions around quarantining, isolating or entry into the ACT for health or compassionate reasons.

The Bill has been referred to the Standing Committee on Health and Community Wellbeing to inquire into the provisions and seek public feedback into ongoing pandemic management.

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