Question – State of Emergency Extensions
Questions asked by the Hon Ms Webb MLC on 12 June 2020 and answered by the Premier, Hon Peter Gutwein MP on 15 Sept 2020.
Regarding the recently announced extensions to both the formal Public Health Emergency declared under section 14 of the Public Health Act 1997, and the State of Emergency declared under section 42 of the Emergency Management Act 2006 due to the presence of COVID-19 within the State, please detail the following:
Question 1. When was the government first advised by the Director of Public Health of intentions to extend the public health emergency declaration beyond the initial 12-week period?
Answer 1. As required by the Public Health Act I 997, the State Commander was advised by the Director of Public Health of his intention to declare an extension of the (Public Health) Emergency Declaration on 6 June 2020.
Question 2. When did the government decide to extend the State of Emergency declaration beyond its initial expiry date of 11 June, and what advice was that decision based upon?
Answer 2. The Premier issued an extension to the initial State of Emergency in response to the presence of COVID-19 in Tasmania on I I June 2020. The Premier’s declaration of the extension followed advice from the State Controller that there were reasonable grounds to extend the State of Emergency for a period of four weeks.
On 6 June 2020, the Director of Public Health had extended the initial public health emergency for a further period of 12 weeks. The rationale for the extension was that there was an ongoing need for restrictions to be in place to continue to effectively manage the risk of COVID-19 to the Tasmanian population.
At that point in time, the Tasmanian Government was beginning to ease restrictions. To ensure a cautious response and responsible management of the pandemic situation, there was a need to build in time to monitor and evaluate the impacts of the easing of restrictions between the different stages.
Although there were few confirmed active COVID-19 cases remaining in Tasmania at the time, with the easing of restrictions and increased mixing of people, it was anticipated that the State Controller may have been required to exercise the special emergency powers, which can only be exercised during a State of Emergency, to respond to another outbreak or cluster of cases.
As the restrictions imposed by the Directions issued by the Director of Public Health under the Public Health Act 1997 were eased, it was anticipated that some form of restrictions would continue to be necessary into the coming months. At that time, decisions were under consideration for Stage Three of easing restrictions, which was due to begin at the end of June 2020. Given the significant increase in the number of people permitted to gather, an increase from a maximum of 80 both indoors and outdoors, to 250 indoors and 500 outdoors, the State Controller advised that an extension to the State of Emergency, was necessary to manage the risk of COVID-19.
Public Health Services provided its support to extend the State of Emergency for a period of four weeks, to ensure effective management and ongoing review of the border restrictions.
Since the initial extension on I I June 2020 for a period of four weeks, the Premier announced the extension of the State of Emergency on 8 July 2020, until 3I August 2020.
Question 3. What advice was received by government, either from the Director of Public Health or any other source, that an extension of the State’s Public Health Emergency declaration, under the Public Health Act 1997, also required an extension to the State of Emergency declaration?
Answer 3. The Public Health Act 1997 requires the Director of Public Health to revoke an Emergency Declaration as soon as practicable after they are satisfied that the situation no longer requires it to be in force. The available national and international evidence indicates that to protect Tasmanians it is likely a Public Health Emergency declaration and appropriate Directions for the circumstances may be required for at least the next 6 months.
Question 4. Why does the Section 15 Extension of Emergency Declaration signed by the Director of Public Health on 6th June 2020, stipulate the extended emergency declaration commencing on 8th June as for a “further period of 12 weeks”, when the Extension of Declaration of State of Emergency signed by the Premier on the 11th of June is “for a period of 4 weeks”?
Answer 4. The Public Health Act 1997 requires the Director of Public Health to advise the State Controller of their intention to declare an extension of the (Public Health) Emergency Declaration. The State Controller may take this into consideration during their independent consideration of the appropriateness of the extension of a State of Emergency.
Question 5. Notwithstanding subsections 42 (4) and (5) of the Emergency Management Act 2006 (the Act), did the State Emergency Management Committee provide any advice, or undertake any role, in the process which determined to amend the initial State of Emergency declaration by extension, as provided for under subsection 42 (8) of the Act, and if not why not?
Answer 5. The SEMC is not a decision-making body, and as such, did not formally consider the question of whether a State of Emergency should be declared or whether it should be amended or extended. The extensions of the State of Emergency were recommendations by the State Controller to the Premier and took into account the advice from the Director of Public Health, information provided at the meetings listed above and guidance from the COVID-19 State Emergency Co-ordination Centre (SECC) which was subsequently expanded to the full State Control Centre (SCC).
Question 6. What advice, reports and recommendations have been received by the State Emergency Management Committee since the March 19 State of Emergency declaration pursuant to subsection 42 (8) (a) of the Act, and what advice reports and recommendations have subsequently been provided by the State Emergency Management Committee under subsection 42 (8)(b)?
Answer 6. In addition to the SEMC meetings, members of the SEMC have been provided advice and reports on the COVID 19 response from the State Control Centre (SCC) through a variety of forums.
Question 7. What is the membership of the State Emergency Management Committee since the March 19 declaration?
Answer 7. SEMC members are listed below.
- Chair: State Emergency Management Controller (Commissioner of Police and Head of Agency, Department of Police, Fire and Emergency Management (DPFEM)) is appointed per sections 8 (4) and IO (I) of the Act and is responsible for directing the conduct of SEMC functions and
- Executive Officer: Director, State Emergency Service (DPFEM), appointed as per the Emergency Management Act 2006 to provide administrative and secretariat
Members:
- Deputy Commissioner of Police (DPFEM) (Deputy Chair)
- Secretary, Department of Premier and Cabinet (DPAC)
- Secretary, Department of Health (DoH)
- Secretary Department of Primary Industries, Parks, Water and Environment (DPIPWE)
- Secretary, Department of State Growth (State Growth)
- Secretary Department of Justice (DoJ)
- Secretary, Department of Education (DoE)
- Secretary, Department of Treasury and Finance (Treasury)
- Secretary, Department of Communities Tasmania (Communities Tasmania)
- Deputy Secretary, DPAC (State Recovery Advisor)
- Chief Officer, Tasmania Fire Service (TFS) (DPFEM)
- Director of Public Health (DoH)
- Chief Executive, Ambulance Tasmania (DoH)
- Director, State Emergency Service (DPFEM)
- Chief Executive Officer, Local Government Association of Tasmania (LGAT)
- Regional Emergency Management Controllers
- Chairs of SEMC Sub-Committees
- any other person holding a position or office determined by the State Controller; andany other persons the State Emergency Management Controller considers appropriate (such persons are to be appointed in writing by the State Emergency Management Controller for the period specified in the instrument of appointment).
Question 8. What authorisations of emergency powers have been granted by the State Controller under section 40 of the Act, relating to COVID-19, including recipients, nature and purpose of any such authorisations; and
a) The duration and expiry date of each authorisation; and
b) Any authorisations extended beyond their respective original expiry date, and reasons for that extension?
Answer 8. The State Controller has issued a number of authorisations of the exercise of the emergency powers under Section 40 of the Emergency Management Act 2006 (the Act), including to himself, to Biosecurity Tasmania Officers and to Tasmania Police Officers.
The reasons for extending these authorisations beyond their original expiry dates is to ensure operational continuity. For example, an extension of the authorisation of the emergency powers to declare all Biosecurity Tasmania as authorised officers for the purpose of the Act was essential to ensure they can continue to perform key functions at Tasmania’s borders to manage the risks associated with the arrival of people into the State.
The details of these authorisations and any extensions are outlined in the attached table.
