This Act seeks to ensure that Australia is able to respond to the threat posed by pandemics in a coherent, effective and considered manner. To this end it supports

 The development of a predictable, evidence-based approach to public health measures;

1. The commitment to ensuring that all public health measures are, so far as is possible, implemented in a manner consistent with underlying principles of constitutional, common law and fundamental human rights.

Part II: Pandemic Control Framework

 

Declaration of 'Pandemic Zone of Concern'

 

In accordance with this Act, and the provisions set out below, the Health Minister may declare any area in Australia a 'Pandemic Zone of Concern' where there potential threat to public health posed by the presence of Notified Pandemic Vector in that area.

 

1. Before such declaration is made, the Minister must consult with the relevant State or Territory leaders and health officials.
2. The Minster must designate the area as falling within one of the following regulatory band of increasing seriousness:

 

1. Level 1 - Area of Moderate Concern
2. Level 2 - Area of Significant Concern
3. Level 3 - Area of Urgent Concern
4. Level 4 - Area of Pandemic Emergency

 

Public Health Regulations 

 

1. The Minister may make Public Health Regulations for the purposes of implementing their responsibilities under this Act, and in furthering the objectives of the Act. These regulations may relate to:
2.  
3. Public Health Measures: The imposition of public health measures of a severity commensurate with the Level of the relevant Zone of Concern designation
4. Vaccine Directives: The imposition of restrictions of public and employment participation of individuals on the basis of their vaccination status (as set out in sections 23-24)
5. Public Health Infrastructure: The development, and protection, of infrastructure to support the delivery of vaccines to the public 
6. Rights of Political Communication: The imposition of conditions and other temporary restrictions regarding public protest against any of the above measures (as set out in sections 25-27). 
7.  
8. Before any Regulations are enacted pursuant to this Act, the Minister must consult with relevant State Governments whose territory will be affected by the Regulation. 

Part II: Public Health Measures

 

[the Act sets out a range of processes and consequences related to the Public Health Regulations]

1.  
2. It is a summary offence to violate obligations placed upon an individual by operation of the Public Health Regulations.

Maximum Penalty: 10 Penalty Units

Vaccine Directives

Pandemic Preparedness (Public Health Measures) Act 2023 (Cth)

 

Objectives of the Act

 

 

1. The Minister may make Health Directives imposing restrictions of public and employment participation of individuals on the basis of their vaccination status ('Vaccine Directives').
2.  
3. Such Vaccine Directives may only come into effect where Pandemic Zones of Concern is designated at Level 2 - Area of Significant Concern or above;
4. Any Vaccine Directive must operate in a manner, and for a purpose, so as to incentivize people to get vaccinated against the Notified Pandemic Vector.
5.  
6. The Minister may set out, by regulation, the consequence of the Vaccine Directive, including:
   1. The circumstances in which it will be lawful to discriminate against someone on the basis of their unvaccinated status in accordance with the provisions of that Directive. 
   2. The processes and conditions under which a person may apply to the Public Health Official for a personal exemption that avoids or alters the application of a Health Directive to them.

 

Public Protest and Political Actions

 

1. The Public Health Official may make a Political Action Directives restricting the circumstances where individuals can participate in public protest or demonstrations.
2.  
3. A Political Action Directive may only be made where Pandemic Zones of Concern is designated at Level 2 - Area of Significant Concern or above.

 

1. It is a summary offence to participate in a public protest or demonstration that violates a Political Action Directive.

Maximum Penalty: 10 Penalty Units

 

1. It is an offence to organise a public protest or demonstration that violates a Political Action Directive.

 

 

 

 

Public Health Regulation (Public Health Infrastructure) 2023 (CT)

 

12.  The Minister may declare any place as a site of national significance in the development and delivery of the vaccine. 

 

13.  No person may interfere with the lawful operation and business practices of a site so designated with the intention of disrupting the development and delivery of the vaccine. 

 

 

In light of the protests held on the 3^rd of June, and in particular the protests outside the SAMRI Building in Adelaide, the Minister also promulgated the Public Health Regulation (Political Action Directives) 2023 (Cth), which contained the following provisions:

 

 

Public Health Regulation (Political Action Directives) 2023 (Cth)

 

7.     No protest or political activity can be conducted within a 200-metre exclusion zone surrounding any place declared a site of national significance pursuant to r12 of the Public Health Regulation (Public Health Infrastructure) 2023 (Cth) 

 

8.     Any protest or political activity conducted within a 500-metre permit zone surrounding any place declared a site of national significance pursuant to r12 of the Public Health Regulation (Public Health Infrastructure) 2023 (Cth) can only occur with the prior written permission of the Health Minister

1.  

a.     An application made pursuant to the above section must be made 2 days prior to the proposed protest or political activity

b.     Any application must be made in the prescribed manner and form set out by the minister

 

9.     If the Minister is of the view that the protest or political activity cannot be conducted in a manner that is consistent with any Public Health Regulation, the Minister may refuse to grant permission. 

1.  

10.  If the Minister grants permission, the Minister may impose any reasonable requirement on protesters necessary to protect the health and safety of both protesters and the general public. 

 

11.  A person must only participate or engage in protest or political activity within the above zones in accordance with these directives and conditions. 

Jane Dollit owns a property directly across from Hindmarsh Park. The protest on the 17^th of June occurred on the verge and footpath in front of her house. Jane is highly sympathetic to the position of the protesters, and indeed supplied them with drinks and refreshments during that protest. However, she does not want a repeat of the protest.

 

Jane has recently commenced a law degree at Unisa, and decides that the best course of action is to try and challenge the validity of the Public Health Regulations. She has received leaked information that the Health Minister only contacted her State counterparts 2 hours before promulgating the regulations, and that the sum total of communications amounted to a number of short SMS exchanges. Jane is also concerned, as her neighbor works at Smyth, and was gossiping that Minister Goodhart's cousin is married to the Chief Financial Officer at Smyth. Jane is convinced that the designation of the Smyth site as a site of national significance was merely a device to increase the market capitalization of that business. 

 

Jane has contacted you to seek an opinion as to whether any arguments may exist to allow the Public Health Regulations be challenged.

 

• Please advise Jane as to the appropriate methods of review available to her, and the prospects of success of any application.