Victoria is declaring a State of Emergency come 12 noon today (16 March 2020). This is a good thing, because we all have the moral responsibility to flatten the curve. We are here to answer your questions in relation to the State of Emergency and what that means.
1. What is the state of emergency?
It is a status declared by a government allowing it to access certain emergency powers in these exceptional circumstances. It is governed by the Public Health and Wellbeing Act 2008 (Vic) "the Act".
2. How long will it last?
Currently, it is in place for four weeks, although there is a possibility of an extension.
3. What are the relevant sections of the Act?
Section 200 details the emergency powers and Section 203 details the consequences of failing to comply with the orders given. Section 30 details what an authorised officer is.
4. Who is an authorised officer?
An authorised officer is someone who has peen appointed by the Chief Health Officer under the Act.
5. What are the emergency powers?
- Detain any person or group in an emergency are for the period reasonably necessary to eliminate or reduce a serious risk to public health
- Restrict the movement of any person or group of persons within the emergency area;
- Prevent any person or group of persons from entering the emergency area;
- give any other direction that the authorised officer considers is reasonably necessary to protect public health.
6. What does it mean?
It means that Victorian's may not be able to travel, leave isolation, or enter a designated emergency area. Realistically, it would be the way that Victoria could shut down interstate travel. It is important to monitor the current directives in place.
7. What are the current directives (16 March 2020)?
Victorians are advised to avoid mass gathering of more than 500 people, with some exceptions. If you were running an event of more than 500 people, your event would be in breach of the above directive and you should immediately seek legal advice.
8. What if I do not comply?
Penalties are imposed for both individuals and corporations who do not comply with the directive. For individuals, that is $20,000 and up to a penalty of $100,000 for a corporation.
What next?
Wash your hands, self isolate, and call us if you need legal advice.
Leila Chalk is the principal solicitor of Forty Four Degrees Lawyers and Consultants.