Victorian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

PUBLIC HEALTH AND WELLBEING ACT 2008 - SECT 198

Declaration of a state of emergency

S. 198(1) amended by Nos 56/2011 s. 31, 73/2013 s. 102.

    (1)     The Minister may, on the advice of the Chief Health Officer and after consultation with the Minister and the Emergency Management Commissioner under the Emergency Management Act 2013 , declare a state of emergency arising out of any circumstances causing a serious risk to public health.

    (2)     Subject to subsection (3), the Minister may at any time revoke or vary a declaration under this section.

S. 198(3) amended by Nos 56/2011 s. 31, 73/2013 s. 102.

    (3)     The Minister must consult with the Minister and the Emergency Management Commissioner under the Emergency Management Act 2013 before varying a declaration under this section to extend the emergency area.

    (4)     Immediately upon the making, revocation or variation of a declaration under this section, a state of emergency exists, ceases to exist or exists as so varied for the purposes of this Part.

    (5)     As soon as practicable after the making, revocation or variation of a declaration under this section, the Minister must cause notice of the making, revocation or variation of the declaration to be—

        (a)     broadcast from a broadcasting station in Victoria; and

        (b)     in the case of the making or variation of a declaration, published with a copy of the declaration in the Government Gazette; and

        (c)     in the case of the revocation of a declaration, published in the Government Gazette.

    (6)     Production of a Government Gazette purporting to contain—

        (a)     notice of the making, revocation or variation of a declaration under this section is evidence of that making, revocation or variation; and

        (b)     a copy of the declaration under this section is evidence of the terms of the declaration.

    (7)     A declaration under this section—

        (a)     must specify the emergency area in which the state of emergency exists being throughout Victoria or in specified areas of Victoria;

        (b)     continues in force for the period not exceeding 4 weeks specified in the declaration;

S. 198(7)(c) amended by No. 24/2020 s. 5(1).

        (c)     may be extended by another declaration for further periods not exceeding 4 weeks but the total period that the declaration continues in force cannot exceed 6 months or, in the case of the emergency declaration in respect of the COVID-19 pandemic, 12 months.

S. 198(8) amended by No. 24/2020 s. 5(2).

    (8)     Subject to subsections (8A) and (8B), if a state of emergency is declared under this section, the Minister must report on the state of the emergency and the public health risk powers and emergency powers exercised to both Houses of Parliament—

        (a)     if Parliament is then sitting, as soon as practicable after the declaration is made or varied; and

        (b)     if Parliament is not then sitting, as soon as practicable after the next meeting of the Parliament.

S. 198(8A) inserted by No. 24/2020 s. 5(3).

    (8A)     If a state of emergency declaration is extended beyond 6 months in relation to the COVID-19 pandemic under subsection (7)(c) then, for the purposes of reporting as required by subsection (8) during the period of the extension, the Minister—

        (a)     must report on the reasons for the extension, and the public health risk powers and emergency powers exercised, and include in the report a copy of the advice of the Chief Health Officer in respect of the extension; and

        (b)     if either or both Houses of the Parliament are sitting on the day after the extension comes into force, must on that day cause the report to be laid before each House that is sitting; and

        (c)     if either or both Houses of the Parliament are not sitting on the day after the extension comes into force, must give a copy of the report to the Clerk of each House that is not sitting within 3 business days of the extension coming into force.

S. 198(8B) inserted by No. 24/2020 s. 5(3).

    (8B)         If the Clerk of either House is given a copy of a report under subsection (8A)(c), the Clerk must—

        (a)     give a copy of the report to each member of the House as soon as practicable after receiving it; and

        (b)     cause a copy of the report to be laid before the House on the next sitting day of the House.

    (9)     A declaration under this section does not derogate from or limit any provisions relating to the declaration of an emergency under any other Act.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback