Public Health and Wellbeing Amendment (Pandemic Management) Bill 2021

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Passed and Assented to

Public Health and Wellbeing Amendment

(Pandemic Management) Act 2021

No. of 2021

TABLE OF PROVISIONS

Clause Page

Part 1—Preliminary 1

1 Purposes 1 2 Commencement 2 3 Principal Act 3

Part 2—Amendments relating to pandemic declarations 4

4 Definitions 4 5 Delegation by Secretary 7 6 Chief Health Officer's exercise of certain powers 7 7 Functions and powers of the Chief Health Officer 7 8 Power of delegation 8 9 Special powers of Secretary in a state of emergency 8 10 Secretary may appoint authorised officers 8 10A Detention Appeals Officers and Registrar 8 11 Application of Division 12 12 New Part 8A inserted 13 13 Powers in the case of a risk to public health 83 14 Chief Health Officer may authorise exercise of certain

powers 83 14A Information to be given to detained persons 84 14B Applications may be made for review of certain decisions in

relation to a person subject to detention 84 14C New section 200BA inserted 84 14D Detention Review Officer must decide applications 85 14E Review referred back to Chief Health Officer 87 15 New section 212A inserted 87 17 New Division 4A of Part 11 inserted 88 18 New Division 5A of Part 11 inserted 90 19 Insertion of new section 248C 93

Part 2A—Establishment of the Pandemic Declaration

Accountability and Oversight Committee 95

19A Definitions 95 19B Establishment of Joint House Committees 95 19C New section 14A inserted 95

Clause Page

19D Membership of Joint Investigatory Committees 96 19E New section 21A inserted 96 19F Election of chairperson and deputy chairperson 97 19G Sittings 97

Part 3—Amendments relating to concessional infringement

scheme 98

20 Definitions 98 21 New Part 8B inserted 99

Part 4—Consequential amendments relating to Parts 2 and 3 106

Division 1—Consequential amendments relating to Part 2 106

22 Approval of service as a youth control order planning meeting program 106

23 Isolation for detection, prevention or mitigation of COVID- 19 or other infectious disease 106

24 Entitlements of person placed in isolation under section 600M 106

25 Matters to which regard may be had in exercise of powers 107 26 Temporary measures in response to COVID-19 pandemic 107 27 Definitions 108 28 Power to issue prohibition notice 108 29 Power to give directions 109 30 Repeal of Part 109 32 Exception to compliance with certain inspection

requirements when an emergency declaration is in force 109 33 Declaration of emergency situation 110 34 Powers of public sector body Heads in emergency situations 110 35 Duties and powers of protective services officers 110

Division 2—Consequential amendment that commences on 16

December 2021 111

36 Declaration of a state of emergency 111

Division 3—Consequential amendments relating to Part 3 111

37 Definitions 111 38 Functions and powers of the Director 111 39 Delegation 112 40 Extended period for registration 112 41 Offence to give false information 112

Part 5—Amendments relating to quarantine detention fees during

the COVID-19 pandemic 113

Division 1—Certain requirements disapplied 113

42 Section 238D substituted 113

Clause Page

iii

Division 2—Other matters 113

43 Waiver of fees payable in relation to quarantine detention 113 44 Section 238E repealed 113 45 New sections 248A and 248B inserted 114 46 Definitions 114 47 Meaning of quarantined person 115 48 Liability to pay quarantine detention fees 116 49 COVID-19 Quarantine Victoria to invoice quarantined

persons for fees relating to detention 116 50 New section 258A inserted 117 51 Waiver of fees 118 52 New sections 260A to 260D inserted 118 53 Payment of fees 123 54 Section 264 repealed 123

Part 6—Amendment of Infringements Act 2006 and Fines Reform

Act 2014 124

Division 1—Amendment of Infringements Act 2006 124

55 Definitions 124 56 New section 3A inserted 124

Division 2—Amendment of Fines Reform Act 2014 126

57 FVS application 126

Part 7—Repeal of this Act 127

58 Repeal of this Act 127 ═════════════

Endnotes 128

1 General information 128

Public Health and Wellbeing

Amendment (Pandemic Management)

Act 2021†

No. of 2021

[Assented to ]

The Parliament of Victoria enacts:

Part 1—Preliminary

1 Purposes

The purposes of this Act are—

(a) to amend the Public Health and Wellbeing

Act 2008 in relation to the effective

management of pandemics; and

Part 1—Preliminary

Public Health and Wellbeing Amendment (Pandemic Management) Act 2021

No. of 2021

(b) to amend the Public Health and Wellbeing

Act 2008 in relation to fees for detention of

persons in quarantine during the COVID-19

pandemic; and

broaden the scope of what constitutes special

circumstances in that Act and the Fines

Reform Act 2014 and to make consequential

amendments to those Acts for the purposes

of the concessional infringement scheme in

the Public Health and Wellbeing Act 2008;

and

(d) to make consequential amendments to other

Acts.

2 Commencement

(1) Subject to subsections (2), (3) and (4), this Act

comes into operation on the day after the day on

which it receives the Royal Assent.

(2) The following provisions come into operation on a

day or days to be proclaimed—

(a) Part 3;

(b) Division 3 of Part 4;

(d) Part 6.

(3) Division 2 of Part 4 comes into operation on

16 December 2021.

(4) If a provision mentioned in subsection (2) does

not come into operation before the day that is

12 months after the day on which this Act receives

the Royal Assent, it comes into operation on that

day.

Part 1—Preliminary

Public Health and Wellbeing Amendment (Pandemic Management) Act 2021

No. of 2021

3 Principal Act

In this Act, the Public Health and Wellbeing

Act 2008 is called the Principal Act.

Part 2—Amendments relating to pandemic declarations

Public Health and Wellbeing Amendment (Pandemic Management) Act 2021

No. of 2021

Part 2—Amendments relating to pandemic

declarations

4 Definitions

(1) In section 3(1) of the Principal Act insert the

following definitions—

"compliance and enforcement policy means a

policy issued under section 231A;

contact tracing information has the meaning

given by section 165CB(1);

contact tracing purposes—see section 165CB(2);

designated health service provider has the same

meaning health service provider has in the

Health Practitioner Regulation National

Law;

Detention Appeals Officer means a person

appointed to be a Detention Appeals Officer

under section 32A(1);

Detention Appeals Registrar means the person

appointed to be the Detention Appeals

Registrar under section 32F(1);

disease of pandemic potential see subsection (6);

disease vector means an animal other than a

human being, including a bird or insect, that

is capable of carrying a pathogen that—

(a) is transmissible to human beings; and

(b) is capable of causing disease in human

beings;

health information has the same meaning as it

has in the Health Records Act 2001;

Independent Pandemic Management Advisory

Committee means a committee established

under section 165CE(1);

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pandemic declaration has the meaning given by

section 165AB(1);

pandemic disease—see subsection (5);

pandemic information determination has the

meaning given by section 165BT(1);

pandemic management area means an area

specified in a pandemic declaration to be an

area to which the declaration applies;

pandemic management general power means a

power under 165BA(1)(a) or (b);

pandemic management order power means a

power under section 165B(1)(a) or (b);

pandemic management power means a pandemic

management general power or a pandemic

management order power;

pandemic order has the meaning given by

section 165AI(1);

Pandemic Order Register means the register

established under section 165CS;

personal information has the same meaning as it

has in the Privacy and Data Protection

Act 2014;

personal protective equipment includes, but is not

limited to, face coverings;

protective services officer has the same meaning

as in the Victoria Police Act 2013;

public authority has the same meaning as it has in

the Charter of Human Rights and

Responsibilities;

Worksafe inspector means an inspector within the

meaning of the Occupational Health and

Safety Act 2004;".

Part 2—Amendments relating to pandemic declarations

Public Health and Wellbeing Amendment (Pandemic Management) Act 2021

No. of 2021

(2) In section 3(1) of the Principal Act, in the

definition of community transmission, for

"COVID-19, means transmission of COVID-19"

substitute "a pandemic disease or a disease of

pandemic potential means transmission of the

disease".

(2A) In section 3(1) of the Principal Act, the definition

of Detention Review Officer is repealed.

(3) In section 3(1) of the Principal Act, in the

definition of prescribed senior officer, after

"that Act" insert "or is an employee of a health

service".

(4) In section 3(1) of the Principal Act, in the

definition of serious risk to public health, for

"has or may occur" insert "has occurred or may

occur".

(5) For section 3(4) of the Principal Act substitute—

"(4) Without limiting the definition of serious

risk to public health in subsection (1), for

the purposes of this Act, a pandemic disease

or a disease of pandemic potential may pose

a material risk of substantial injury or

prejudice to the health of human beings,

even when—

(a) the rate of community transmission of

the disease in Victoria is low; or

(b) there have been no cases of the disease

in Victoria for a period of time.".

(6) After section 3(4) of the Principal Act insert—

"(5) For the purposes of this Act, an infectious

disease is a pandemic disease at a particular

time if, at that time, there is a pandemic

outbreak of that infectious disease.

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(6) For the purposes of this Act, an infectious

disease is a disease of pandemic potential at

a particular time if—

(a) at that time, the infectious disease has

the potential to give rise to a pandemic,

but is not yet a pandemic disease; or

(b) all of the following apply—

(i) before that time, the infectious

disease was a pandemic disease;

(ii) at that time, the infectious disease

is no longer a pandemic disease;

(iii) at that time, the infectious disease

has the ongoing potential to give

rise to a pandemic.".

5 Delegation by Secretary

(1) After section 19(1)(a) of the Principal Act

insert—

"(ab) any prescribed senior officer; or".

(2) In section 19(5) of the Principal Act, for "The"

substitute "Despite subsection (1), the".

6 Chief Health Officer's exercise of certain powers

Before section 20A(a) of the Principal Act

insert—

"(aa) any of the public health risk powers and the

pandemic management powers under section

165AW(2)(a); or".

7 Functions and powers of the Chief Health Officer

In section 21(b) of the Principal Act, after

"advice to" insert "the Premier,".

Part 2—Amendments relating to pandemic declarations

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No. of 2021

8 Power of delegation

(1) After section 22(1) of the Principal Act insert—

"(1A) The Chief Health Officer by instrument may

delegate any power, duty or function of the

Chief Health Officer under section 165AW,

189, or 199 to—

(a) an executive within the meaning of

section 4(1) of the Public

Administration Act 2004; or

(b) a prescribed senior officer.".

(2) In section 22(2) of the Principal Act, after "(1)"

insert "or (1A)".

9 Special powers of Secretary in a state of emergency

(1) In the heading to section 28 of the Principal Act,

after "emergency" insert "or a pandemic".

(2) In section 28 of the Principal Act for "If there is a

state of emergency," substitute "At any time

when there is a state of emergency or when a

pandemic declaration is in force,".

10 Secretary may appoint authorised officers

In section 30(1) of the Principal Act, after "2004"

insert ", or an employee of a health service".

10A Detention Appeals Officers and Registrar

For section 32A of the Principal Act substitute—

"32A Governor in Council may appoint

Detention Appeals Officers

(1) Subject to subsection (2), the Governor in

Council, on the recommendation of the

Minister, may by instrument appoint a

person as a Detention Appeals Officer at any

time when a pandemic declaration or a

declaration of a state of emergency is in

force.

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(2) A person appointed as a Detention Appeals

Officer must be an Australian lawyer of at

least 10 years' experience.

32B Remuneration and allowances

A person appointed as a Detention Appeals

Officer is entitled to the remuneration and

allowances determined from time to time by

the Governor in Council.

32C Terms and conditions of appointment

(1) A Detention Appeals Officer —

(a) holds office for the period specified in

the instrument of appointment, which

must not end after the time when the

pandemic declaration or declaration of

a state of emergency referred to in

section 32A(1) ceases to be in force;

and

(b) is eligible to be reappointed; and

determined by the Governor in Council.

(2) A Detention Appeals Officer is not, in

respect of the office of Detention Appeals

Officer, subject to the Public

Administration Act 2004.

32D Independence of Detention Appeals

Officers

A Detention Appeals Officer —

(a) must act independently, impartially and

in the public interest in the performance

of their functions and duties and the

exercise of their powers; and

(b) is not subject to the direction or control

of the Secretary or the Minister in

relation to the performance of their

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functions or duties or the exercise of

their powers under this Act or the

regulations.

32E Detention Review Officers taken to be

Detention Appeals Officers

(1) A person who, immediately before the

commencement day, held office as a

Detention Review Officer under the old Act

is taken to have been appointed as a

Detention Appeals Officer under section

32A(1) on and from the commencement day.

(2) The Governor in Council is taken to have

determined the same terms and conditions as

applied under the old Act, in respect of a

person taken to be appointed as a Detention

Appeals Officer because of the operation of

subsection (1), to the extent that those terms

and conditions are consistent with sections

32A, 32B, 32C and 32D, with the following

modifications—

(a) the Governor in Council may terminate

the appointment of the person and the

Secretary may not terminate the

appointment of the person;

(b) the terms and conditions on which the

person holds office, including in

relation to remuneration and

allowances, may be later amended by

the Governor in Council and not by the

Secretary;

appointment to a Detention Review

Officer is taken to include a reference

to a Detention Appeals Officer;

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(d) a reference in the original instrument of

appointment to a state of emergency

ceasing to exist or be in force is taken

to include a reference to a pandemic

declaration ceasing to be in force;

(e) a reference in the original instrument of

appointment to the functions, duties and

powers of a Detention Review Officer

is taken to include a reference to the

functions, duties and powers of a

Detention Appeals Officer under

section 200C and Part 8A of this Act;

(f) a reference in the original instrument of

appointment to the detention under

section 200 is taken to include a

reference to detention under section

165B(1)(b) or section 165BA(1)(b).

(3) In this section—

commencement day means the day on which

this section came into operation;

Detention Review Officer has the meaning

given by the old Act;

old Act means this Act, and regulations and

instruments made under this Act, as in

force immediately before the

commencement day;

original instrument of appointment means

the instrument of appointment of a

person as a Detention Review Officer

under the old Act.

32F Secretary may appoint Detention Appeals

Registrar

(1) The Secretary by instrument may appoint a

person to be the Detention Appeals Registrar

for the purposes of this Act.

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(2) An instrument of appointment of a person as

the Detention Appeals Registrar may—

(a) specify the functions, duties or powers

under this Act or the regulations to

which the appointment relates; and

(b) be made subject to any conditions that

the Secretary considers to be

appropriate.

(3) A person appointed as the Detention Appeals

Registrar is employed under Part 3 of the

Public Administration Act 2004.

(4) The Secretary must ensure that the Detention

Appeals Registrar has access to such

information as may reasonably be required

for the performance of the functions and

duties and the exercise of the powers of the

Detention Appeals Registrar under this Act

or the regulations.

(5) The Secretary may employ persons under

Part 3 of the Public Administration

Act 2004 to assist the Detention Appeals

Registrar in the performance of the functions

and duties and the exercise of the powers of

the Detention Appeals Registrar under this

Act or the regulations.".

11 Application of Division

In section 54(b) of the Principal Act, after

"paragraph (a)" insert "other than Divisions 7

and 8 of Part 8A (which deals with contact tracing

information)".

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12 New Part 8A inserted

After Part 8 of the Principal Act insert—

"Part 8A—Protection of life and

public health during pandemics

Division 1—Objective and

interpretation

165A Objective of Part

(1) The objective of this Part is to protect public

health and wellbeing in Victoria by

establishing a regulatory framework for—

(a) preventing and managing the serious

risk to life, public health and wellbeing

presented by the outbreak or spread of

pandemics and diseases of pandemic

potential; and

(b) supporting proactive and responsive

decision-making for the purposes of

preventing and managing the outbreak

or spread of pandemics and diseases of

pandemic potential; and

actions taken under this Part are

informed by public health advice and

other relevant information including,

but not limited to, advice given by the

Chief Health Officer; and

(d) promoting transparency and

accountability in relation to decisions

made and actions taken under this Part;

and

(e) safeguarding contact tracing

information that is collected when a

pandemic declaration is in force.

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(2) The Parliament—

(a) recognises the importance of protecting

human rights in managing the serious

risk to life, public health and wellbeing

presented by the outbreak or spread of

pandemics and diseases of pandemic

potential; and

(b) intends that nothing in this Part

displaces the operation of the Charter of

Human Rights and Responsibilities;

and

Rights and Responsibilities therefore

applies to the following—

(i) the interpretation of this Part and

subordinate instruments made

under this Part;

(ii) acts done, and decisions made,

under this Part by public

authorities.

Division 2—Pandemic declarations

165AB Premier may make a pandemic

declaration

(1) The Premier may make a declaration under

this subsection (a pandemic declaration) if

the Premier is satisfied on reasonable

grounds that there is a serious risk to public

health arising from—

(a) a pandemic disease; or

(b) a disease of pandemic potential.

(2) The Premier must consult with, and consider

the advice of, the Minister and the Chief

Health Officer before making a pandemic

declaration.

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(3) The Premier may make a pandemic

declaration whether or not, at the time the

declaration is made—

(a) the pandemic disease is present in

Victoria; or

(b) the disease is a disease of pandemic

potential that is present in Victoria—

as the case requires.

(4) The validity of a pandemic declaration is not

affected by either of the following—

(a) the pandemic declaration being made

on the basis that the Premier was

satisfied on reasonable grounds, at the

time of making the declaration, that

there was a serious risk to public health

arising from a disease of pandemic

potential, but the disease was a

pandemic disease at that time;

(b) the pandemic declaration being made

on the basis that the Premier was

satisfied on reasonable grounds, at the

time of making the declaration, that

there was a serious risk to public health

arising from a pandemic disease, but

the disease was a disease of pandemic

potential at that time.

165AC Form and content of a pandemic

declaration

(1) A pandemic declaration must be in writing

and must specify the following—

(a) the area or areas to which the

declaration applies, being throughout

Victoria or in one or more specified

areas of Victoria;

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(b) the pandemic disease, or the disease of

pandemic potential, to which the

declaration relates;

continues in force, which must not

exceed a period of 4 weeks but may be

extended under section 165AE.

(2) If, on the coming into force of a pandemic

declaration, a declaration of a state of

emergency will cease to be in force under

section 165CH(3), the pandemic declaration

must include a statement to that effect.

(3) A failure to comply with subsection (2) does

not affect the validity of a pandemic

declaration.

165AD When a pandemic declaration comes into

force and ceases to be in force

(1) A pandemic declaration comes into force—

(a) on the day specified in the declaration

and, if a time is also specified, at that

time on that day; or

(b) if no day is specified in the declaration,

immediately upon its making.

(2) A pandemic declaration continues in force

until—

(a) the end of the period specified in the

declaration under section 165AC(1)(c)

or, if the declaration is extended under

section 165AE(1), the end of the period

as extended; or

(b) if the declaration is revoked before it

ceases to be in force under paragraph

(a), upon its revocation.

Part 2—Amendments relating to pandemic declarations

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No. of 2021

165AE Variation, extension and revocation of a

pandemic declaration

(1) The Premier may vary or extend a pandemic

declaration if the Premier is satisfied on

reasonable grounds that there continues to be

a serious risk to public health arising from—

(a) a pandemic disease, including a disease

that was a disease of pandemic

potential when the pandemic

declaration first came into force but is a

pandemic disease at the time of the

variation or extension; or

(b) a disease of pandemic potential,

including a disease that was a pandemic

disease when the pandemic declaration

first came into force but is a disease of

pandemic potential at the time of the

variation or extension.

(2) Subsection (1) applies whether or not, at the

time of the variation or extension, the disease

is present in Victoria.

(3) The Premier—

(a) must revoke a pandemic declaration if

the Premier is satisfied on reasonable

grounds that there is no longer a serious

risk to public health arising from a

pandemic disease or a disease of

pandemic potential; and

(b) may at any other time revoke a

pandemic declaration if the Premier

considers it appropriate to do so.

(4) The Premier must consult with, and consider

the advice of, the Minister and the Chief

Health Officer before varying, extending or

revoking a pandemic declaration.

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No. of 2021

(5) There is no limit on the number of times a

pandemic declaration may be extended under

subsection (1), but the period of each

extension must not be longer than 3 months.

(6) Without limiting subsection (1), a variation

of a pandemic declaration may modify any

pandemic management area specified in the

declaration, including by extending the

pandemic management area.

(7) A variation, extension or revocation of a

pandemic declaration must be by written

instrument.

(8) The validity of a variation or extension of a

pandemic declaration is not affected by

either of the following—

(a) the variation or extension being made

on the basis that the Premier was

satisfied on reasonable grounds, at the

time of the variation or extension, that

there was a serious risk to public health

arising from a disease of pandemic

potential, but the disease was a

pandemic disease at that time;

(b) the variation or extension being made

on the basis that the Premier was

satisfied on reasonable grounds, at the

time of the variation or extension, that

there was a serious risk to public health

arising from a pandemic disease, but

the disease was a disease of pandemic

potential at that time.

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No. of 2021

165AF Notification of the making, variation,

extension or revocation of a pandemic

declaration

(1) As soon as practicable after the making,

variation, extension or revocation of a

pandemic declaration, the Premier must

cause notice of the making, variation,

extension or revocation to be—

(a) broadcast from a broadcasting station in

Victoria; and

(b) in the case of the making, variation or

extension of a declaration, published

with a copy of the declaration as made,

varied or extended in the Government

Gazette; and

declaration, published in the

Government Gazette.

(2) Production of a Government Gazette

purporting to contain—

(a) notice of the making, variation

extension or revocation of a declaration

under this section is evidence of that

making, variation, extension or

revocation; and

(b) a copy of the declaration is evidence of

the terms of the declaration.

165AG Reporting to Parliament in relation to a

pandemic declaration

(1) If a pandemic declaration is made, varied,

extended or revoked, the Premier must

prepare a report in accordance with this

section on the making, variation, extension

or revocation, which must include the

following—

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(a) a statement of the reasons for the

making, variation, extension or

revocation;

(b) a copy of the advice of the Minister and

the Chief Health Officer in respect of

the making, variation, extension or

revocation;

(4), if applicable.

(2) Subject to subsection (3), if a House of the

Parliament is sitting on the day after the

coming into force of the pandemic

declaration or the variation, extension or

revocation, the Premier must cause the report

to be laid before that House on that day.

(3) If—

(a) a House of the Parliament is not sitting

on the day after the coming into force

of the pandemic declaration or the

variation, extension or revocation; or

(b) for another reason it is not reasonably

practicable for the report to be laid

before that House on that day—

the Premier must, within 3 business days of

the coming into force of the pandemic

declaration or the variation, extension or

revocation, give a copy of the report to the

Clerk of that House.

(4) A report under subsection (1) in relation to a

variation, extension or revocation of a

pandemic declaration must also include a

summary of the pandemic orders made, the

public health risk powers and the pandemic

management powers exercised and the

reasons for the exercise of those powers

during the period—

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(a) beginning when the pandemic

declaration that is extended, varied or

revoked first came into force; and

(b) ending when the variation, extension or

revocation came into force.

(5) If the Clerk of either House is given a copy

of the report, 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.

(6) A failure to comply with the requirements of

this section in relation to a report in respect

of the making, variation, extension or

revocation of a pandemic declaration does

not affect the validity of the declaration or

the variation, extension or revocation, as the

case requires.

165AH Reports tabled when Parliament is not

sitting

(1) A report that is given to a Clerk of either

House under section 165AG(3) is taken to

have been published by order under the

authority of the Parliament.

(2) The publication of a report under section

165AG(3) is absolutely privileged and the

provisions of sections 73 and 74 of the

Constitution Act 1975, and of any other

enactment or rule of law relating to the

publication of the proceedings of the

Parliament, apply to and in relation to the

publication of that report as if—

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(a) it were a report to which those sections

applied; and

(b) it had been published by the

Government Printer under the authority

of the Parliament.

Division 3—Pandemic orders

165AI Minister may make a pandemic order

(1) The Minister may, at any time on or after the

making of a pandemic declaration, make any

order (a pandemic order) that the Minister

believes is reasonably necessary to protect

public health.

(2) Without limiting subsection (1), a pandemic

order may include, but is not limited to, an

order—

(a) that requires persons to be detained in a

pandemic management area for the

period specified in the order—

(i) if the conditions specified in the

order are satisfied; or

(ii) in the circumstances specified in

the order; or

(b) that requires that the detention of

persons in a pandemic management

area be extended for the period

specified in the order—

(i) if the conditions specified in the

order are satisfied; or

(ii) in the circumstances specified in

the order; or

management area; or

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(d) that requires movement in, into or from

a pandemic management area; or

(e) that prevents or limits entry to a

pandemic management area; or

(f) that prohibits or regulates gatherings

whether public or private in a pandemic

management area; or

(g) that requires the use of personal

protective equipment in a pandemic

management area; or

(h) that prohibits or regulates the carrying

on of activities, businesses or

undertakings in a pandemic

management area; or

(i) that requires the provision of

information (including information

about the identity of any person), the

production of documents or the keeping

of records; or

(j) that requires the medical examination

or testing of persons in a pandemic

management area or as a condition of

entry to a pandemic management area;

(j) that requires the quarantining,

destruction or other management of

disease vectors in a pandemic

management area.

Note

A person can be detained in the exercise of a

pandemic management power: see sections

165B(1)(b) and 165BA(1)(b). Special protections

apply to detention under this Part, including the right

of a detained person to apply for review by a

Detention Appeals Officer of the detention: see

Division 6.

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(3) A period of detention specified in a

pandemic order must not exceed the period

that the Minister believes is reasonably

necessary to eliminate or reduce a serious

risk to public health.

(4) Without limiting subsection (2)(b), the

reasons for making a pandemic order that

requires the extension of a period for which

persons are detained may relate to a refusal

or failure to comply with a requirement to

undergo a medical examination or a medical

test.

165AJ Pandemic order prevails over other

subordinate instruments

A pandemic order has effect despite anything

to the contrary in any subordinate

instrument, other than a subordinate

instrument made under the Charter of

Human Rights and Responsibilities.

165AK To whom a pandemic order may apply

(1) A pandemic order may be expressed to apply

to the following—

(a) all persons;

(b) specified classes of person;

(2) A pandemic order must not be expressed to

apply to a single named individual.

(3) Without limiting subsection (1), a pandemic

order may apply to, differentiate between or

vary in its application to persons or classes

of person identified by one or more of the

following, if such application, differentiation

or variation is relevant to the serious risk to

public health posed by the disease specified

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in the pandemic declaration to which the

pandemic order relates—

(a) their presence in a pandemic

management area or in a particular

location in a pandemic management

area;

(b) their participation in or presence at an

event;

are undertaking;

(d) their characteristics, attributes or

circumstances.

Examples

A pandemic order might—

(a) differentiate between persons or classes of

person on the basis of their vaccination status

in relation to a pandemic disease or a disease

of pandemic potential, by restricting persons

who are unvaccinated from engaging in

specified activities unless they are exempt

from vaccination;

(b) differentiate between persons or classes of

person on the basis of age, if age is relevant

to the risks to health posed by a pandemic

disease or a disease of pandemic potential.

For example, a pandemic order might limit

the ability of persons or classes of person to

receive visitors at, or to move within,

residential care facilities.

Note

The Minister may only make a pandemic order that

the Minister believes is reasonably necessary to

protect public health—see section 165AI.

Further, the Charter of Human Rights and

Responsibilities applies to subordinate instruments

under this Part. Section 165AP(2)(c) and (d) have the

effect that when the Minister makes, varies or extends

a pandemic order that applies to, differentiates

between or varies in its application to persons or

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classes of person identified by reference to a matter

specified in this subsection, the Minister must publish

an explanation of whether, in the Minister's opinion,

the order does, or does not, limit any human right set

out in the Charter of Human Rights and

Responsibilities, and an explanation of any limitations

identified.

165AL Minister must consult before making a

pandemic order

(1) Before making a pandemic order, the

Minister must request the advice of the Chief

Health Officer in relation to—

(a) the serious risk to public health posed

by the disease specified in the

pandemic declaration to which the

proposed pandemic order relates; and

(b) the public health measures that the

Chief Health Officer considers are

necessary or appropriate to address this

risk.

(2) In making a pandemic order, the Minister—

(a) must have regard to the advice of the

Chief Health Officer (which may be

given orally or in writing) about the

matters referred to in subsections (1)(a)

and (b); and

(b) may have regard to any other matter the

Minister considers relevant including,

but not limited to, social and economic

matters.

(3) The Minister may consult any other person

the Minister considers appropriate before

making a pandemic order.

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165AM Additional matters relating to a pandemic

order

(1) A pandemic order must be in writing and

must specify the following—

(a) the day on which, and time when, it

comes into force, which must not be

before the time when the pandemic

declaration to which it relates comes

into force;

(b) the period for which it continues in

force;

the order without a reasonable excuse is

an offence.

(2) A pandemic order may be expressed to apply

in, or in relation to, the whole or a specified

part of a pandemic management area.

(3) A pandemic order—

(a) may be of general or of specially

limited application; and

(b) may differ according to differences in

time, place or circumstance; and

from time to time determined, applied,

dispensed with or regulated by a

specified person or specified class of

persons; and

(d) may provide in a specified case or class

of case for the exemption of persons or

things from any of the provisions of the

pandemic order, whether

unconditionally or on specified

conditions, and either wholly or to such

extent as is specified; and

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(e) may apply, adopt or incorporate, with

or without modification, any matter

contained in any document, code,

standard, rule, specification or method

formulated, issued, prescribed or

published by any person—

(i) wholly or partially or as amended

by the pandemic order; or

(ii) as formulated, issued, prescribed

or published at the time the

pandemic order is made or at any

time before then; or

(iii) as formulated, issued, prescribed

or published from time to time;

and

(f) may confer powers or impose duties in

connection with the pandemic order on

any specified person or specified class

of persons; and

(g) may make provision for and in relation

to requiring a specified person or

specified class of persons to obtain a

permit (however described) including,

but not limited to, in respect of an

activity, a business, an undertaking, a

gathering, or movement within or entry

into an area; and

(h) may make provision for and in relation

to matters relating to permits (however

described) including but not limited to

eligibility, applications, conditions,

variations and cancellation; and

(i) may make provision for and in relation

to matters of a transitional or saving

nature including but not limited to in

relation to the transition from a state of

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emergency after a pandemic declaration

comes into force; and

(j) may provide for any matter or thing

incidental to the making of a pandemic

order.

165AN When a pandemic order comes into force

and ceases to be in force

(1) A pandemic order comes into force on the

day and at the time specified in the order.

(2) A pandemic order ceases to be in force—

(a) at the end of the period specified in the

order; or

(b) if, before the end of that period, the

order is revoked, or the pandemic

declaration to which the order relates

ceases to be in force, upon that

revocation or cessation.

165AO Variation, extension or revocation of a

pandemic order

(1) Subject to subsection (2), the Minister may

at any time vary, extend or revoke a

pandemic order under this section.

(2) The Minister must request the advice of the

Chief Health Officer before varying,

extending or revoking a pandemic order,

other than in relation to a variation for the

purpose of correcting a defect, mistake or

omission.

(3) In varying, extending or revoking a

pandemic order, the Minister—

(a) must have regard to the advice of the

Chief Health Officer given in response

to a request under subsection (2) (which

may be given orally or in writing); and

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(b) may have regard to any other matter the

Minister considers relevant including,

but not limited to, social and economic

matters.

(4) The Minister may consult any other person

the Minister considers appropriate before

varying, extending or revoking a pandemic

order.

165AP Publication of a pandemic order and

associated documents

(1) The Minister must ensure that before a

pandemic order or a variation, extension or

revocation of a pandemic order comes into

force, a copy of the order as made, varied or

extended, or of the instrument of revocation,

as the case requires, is published on the

Pandemic Order Register.

(2) Subject to subsection (5), the Minister must

ensure that within 7 days after a pandemic

order or a variation, extension or revocation

of a pandemic order comes into force, the

following documents are published on an

Internet site maintained by the Department—

(a) a copy of, or a written record of, the

advice given by the Chief Health

Officer as mentioned in section

165AL(2)(a) or 165AO(3)(a) in relation

to the making, variation, extension or

revocation of the order;

(b) a statement of reasons for the making,

varying, extension or revocation of the

order;

extension of the order, a statement as to

whether, in the opinion of the Minister,

the order does or does not limit any

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human right set out in the Charter of

Human Rights and Responsibilities;

and

(d) if, in the opinion of the Minister, the

order as made, varied or extended does

limit a human right set out in the

Charter of Human Rights and

Responsibilities, an explanation of—

(i) the nature of the human right

limited; and

(ii) the importance of the purpose of

the limitation; and

(iii) the nature and extent of the

limitation; and

(iv) the relationship between the

limitation and its purpose; and

(v) any less restrictive means

reasonably available to achieve

the purpose that the limitation

seeks to achieve.

(3) If—

(a) more than one pandemic order is made,

varied, extended or revoked on the

same day; and

(b) the Chief Health Officer's advice, the

statement of reasons or the explanation

applies to more than one of the

orders—

the advice, statement of reasons or

explanation, as the case requires, is only

required to be published once in relation to

the orders to which it relates.

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(4) For the purposes of subsection (2)(a)—

(a) to the extent that the Chief Health

Officer's advice was given wholly or

partly in writing, a copy of the written

advice, or a written record of the

advice, must be published; and

(b) to the extent that the Chief Health

Officer's advice was given wholly or

partly orally, the Minister must cause a

record of the advice to be prepared and

endorsed by the Chief Health Officer,

and a copy of the written record of the

advice must be published.

(5) If a variation of a pandemic order is only for

the purpose of correcting a defect, mistake or

omission, subsection (2) does not apply to

the variation, but the Minister must ensure

that within 7 days after the variation comes

into force, a statement certifying that the

variation is only for that purpose is published

on an Internet site maintained by the

Department.

(6) A failure to comply with the requirements of

this section does not affect the validity of the

pandemic order or the variation, extension or

revocation, as the case requires.

165AQ Tabling in Parliament of documents

relating to a pandemic order

(1) The Minister must ensure that within

4 sitting days after a pandemic order or a

variation, extension or revocation of a

pandemic order comes into force—

(a) a copy of the pandemic order or the

instrument of variation, extension or

revocation, as the case requires, is laid

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before each House of the Parliament;

and

(b) a copy of each document that is

required to be published under section

165AP(2) in relation to the making,

variation, extension or revocation of the

order is laid before each House of the

Parliament.

(2) A failure to comply with the requirements of

this section does not affect the validity of the

pandemic order or the variation, extension or

revocation, as the case requires.

Note

However, the Pandemic Declaration Accountability

and Oversight Committee may report on a failure to

comply (see section 165AU(1)(b)), which is a

precondition for disallowance under section 165AU.

165AR Publication of a pandemic order in the

Government Gazette

After the making, variation, extension or

revocation of a pandemic order, the order as

made, varied or extended, or the instrument

of revocation, must be published in full—

(a) in the next general edition of the

Government Gazette; or

(b) in a special edition of the Government

Gazette within 10 working days after

the making, variation, extension or

revocation.

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Division 4—Scrutiny, suspension and

disallowance of pandemic orders

165AS Consideration of pandemic orders by

Parliament

(1) The Pandemic Declaration Accountability

and Oversight Committee may report to each

House of Parliament if the Pandemic

Declaration Accountability and Oversight

Committee considers that a pandemic order

or an instrument that extends, varies or

revokes a pandemic order—

(a) does not appear to be within the powers

conferred by this Act; or

(b) without clear and express authority

being conferred by this Act—

(i) has a retrospective effect; or

(ii) imposes any tax, fee, fine,

imprisonment or other penalty; or

(iii) purports to shift the legal burden

of proof to a person accused of an

offence; or

(iv) provides for the subdelegation of

powers delegated by this Act; or

set out in the Charter of Human Rights

and Responsibilities.

(2) Subject to subsection (3), a report of the

Pandemic Declaration Accountability and

Oversight Committee under this section may

contain such recommendations as the

Pandemic Declaration Accountability and

Oversight Committee considers appropriate,

including a recommendation that a pandemic

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order or an instrument that extends, varies or

revokes a pandemic order, should be—

(a) disallowed in whole or in part; or

(b) amended as suggested in the report.

(3) The Pandemic Declaration Accountability

and Oversight Committee must not

recommend that a pandemic order, or an

instrument that extends, varies or revokes a

pandemic order, should be disallowed in

whole or in part unless the Pandemic

Declaration Accountability and Oversight

Committee has first requested and

considered the advice of the Independent

Pandemic Management Advisory Committee

in relation to the pandemic order concerned.

165AT Suspension of pandemic order or part of a

pandemic order, etc.

(1) If the Pandemic Declaration Accountability

and Oversight Committee—

(a) proposes under section 165AS to

recommend that a pandemic order, or

an instrument that extends, varies or

revokes a pandemic order, should be—

(i) disallowed in whole or in part; or

(ii) amended; and

(b) is of the opinion that considerations of

justice and fairness require that the

operation of the pandemic order or any

part of the pandemic order, or the

instrument or any part of the instrument

that extends, varies or revokes a

pandemic order, should be suspended

pending the consideration by the

Parliament of the pandemic order or

instrument—

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the Pandemic Declaration Accountability

and Oversight Committee may propose in

the report under section 165AS that the

operation of the pandemic order or part of

pandemic order, or the instrument or part of

the instrument, as the case requires, be

suspended.

(2) If the Pandemic Declaration Accountability

and Oversight Committee proposes that the

operation of a pandemic order or part of a

pandemic order, or an instrument or any part

of an instrument that extends, varies or

revokes a pandemic order, be suspended—

(a) the Pandemic Declaration

Accountability and Oversight

Committee must forthwith send a copy

of the report to the responsible

Minister, the Governor in Council and

the maker of the pandemic order or the

instrument; and

(b) subject to subsection (3), the operation

of the pandemic order or part of the

pandemic order or the instrument or

part of the instrument, as the case

requires, is suspended at the end of the

period of 7 days after the sending of the

report to the Governor in Council until

the end of the period during which the

pandemic order or part of the pandemic

order or the instrument or part of the

instrument, as the case requires, could

be disallowed under section 165AU.

(3) The Governor in Council, on the

recommendation of the responsible Minister

made within the period of 7 days referred to

in subsection (2), may by Order published in

the Government Gazette declare that the

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operation of the pandemic order or part of

the pandemic order, or the instrument or part

of the instrument, as the case requires, is not

suspended.

(4) As from the date on which the Order referred

to in subsection (3) is published, the

provision in a report of the Pandemic

Declaration Accountability and Oversight

Committee providing for the suspension

ceases to have any force or effect.

(5) While the operation of a pandemic order or

part of a pandemic order, or an instrument or

part of an instrument, as the case requires, is

suspended under this section, the pandemic

order or instrument is deemed not to have

been made or to have been made without that

part.

165AU Disallowance of pandemic order or

instrument in whole or part

(1) This section applies to a pandemic order, or

an instrument that extends, varies or revokes

a pandemic order, if—

(a) in a report under section 165AS, the

Pandemic Declaration Accountability

and Oversight Committee has

recommended that the pandemic order

or the instrument be disallowed in

whole or in part; or

(b) there was a failure to comply with

section 165AQ and the Pandemic

Declaration Accountability and

Oversight Committee has reported that

failure to each House of the Parliament.

(2) A pandemic order or instrument to which

this section applies is disallowed in whole or

in part if—

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(a) a notice of a resolution to disallow the

pandemic order or instrument is given

in each House of the Parliament within

whichever of the following periods

applies—

(i) if the pandemic order or

instrument and associated

documents were laid before each

House of the Parliament in

accordance with section 165AQ,

on or before the 18th sitting day of

each House after the pandemic

order or instrument is laid before

that House;

(ii) if the pandemic order or

instrument and associated

documents were not laid before

each House of the Parliament in

accordance with section 165AQ,

on or before the 24th sitting day of

each House after the pandemic

order or instrument is published in

the Government Gazette in

accordance with section 165AR;

and

(b) the resolution is passed by a joint

sitting of the Legislative Assembly and

the Legislative Council held in

accordance with subsection (6) and

held before the end of the period of

3 months after the giving of the notice

of the resolution.

(3) Notice of a resolution to disallow a pandemic

order, or an instrument that extends, varies or

revokes a pandemic order, may be expressed

to apply to the whole or to any part of the

pandemic order or instrument.

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(4) A resolution to disallow the whole or any

part of a pandemic order, or an instrument

that extends, varies or revokes a pandemic

order, has effect according to its tenor.

(5) If a House of the Parliament is prorogued or

the Legislative Assembly is dissolved—

(a) the prorogation or dissolution does not

affect the power of the House to pass a

resolution disallowing the whole or any

part of a pandemic order, or an

instrument that extends, varies or

revokes a pandemic order; and

(b) the calculation of sitting days of the

House is to be made as if there had

been no prorogation or dissolution.

(6) At a joint sitting of the Legislative Assembly

and the Legislative Council for the purposes

of subsection (2)(b)—

(a) the members have the same privileges

and immunities as the members of the

Legislative Assembly in relation to

proceedings before that House; and

(b) a question is to be decided by an

absolute majority of the total number of

the members of the Legislative

Assembly and the Legislative Council;

and

question, the question is to be taken to

have been determined in the negative.

165AV Effect of disallowance and Clerk to

publish notice of disallowance

(1) If a pandemic order or a part of a pandemic

order is disallowed by the Parliament the

order or part of the order, as the case requires

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is revoked and ceases to be in force on and

after the time of the disallowance.

(2) If an instrument that varies a pandemic

order, or a part of such an instrument, is

disallowed by the Parliament, the pandemic

order as in force immediately before the

revocation is revived, on and after the time

of the disallowance, as if the variation made

by the instrument or part of the instrument,

as the case requires, had not been made.

(3) If an instrument that extends a pandemic

order is disallowed, the instrument is

revoked and the pandemic order ceases to be

in force on and after the time of the

disallowance.

(4) If an instrument that revokes a pandemic

order is disallowed, the pandemic order as in

force immediately before the revocation is

revived on and after the time of the

disallowance.

(5) If a pandemic order or a part of a pandemic

order, or an instrument that extends, varies or

revokes a pandemic order or a part of such

an instrument, is disallowed, the Clerk of the

Parliaments must cause notice of the

disallowance to be published in the

Government Gazette.

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Division 5—Pandemic management

powers

165AW Chief Health Officer may authorise

exercise of certain powers

(1) This section applies if—

(a) a pandemic declaration is in force; and

(b) the Chief Health Officer believes that it

is reasonably necessary to grant an

authorisation under this section to

eliminate or reduce a serious risk to

public health.

(2) The Chief Health Officer may, for the

purpose of eliminating or reducing the

serious risk to public health, authorise—

(a) authorised officers, or a specified class

or classes of authorised officers,

appointed by the Secretary to exercise

any of the public health risk powers and

the pandemic management powers; and

(b) if specified in the authorisation, a

specified class or classes of authorised

officers appointed by a specified

Council or specified Councils to

exercise any of the public health risk

powers and the pandemic management

powers.

(3) The Chief Health Officer may at any time

revoke or vary an authorisation given under

this section.

165AX How may an authorisation be given?

(1) An authorisation under section 165AW(2)

may be given orally or in writing.

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(2) An authorisation given orally must be

confirmed in writing as soon as reasonably

practicable.

(3) An authorisation must—

(a) state that the authorisation is given

under this Division; and

(b) describe in general terms the serious

risk to public health to which it relates;

and

(d) specify any restrictions or limitations

that apply to the exercise of any of the

public health risk powers or the

pandemic management powers; and

(e) specify the period of time for which the

authorisation continues in force.

165AY Chief Health Officer may extend

authorisation

The Chief Health Officer may extend the

period of time for which an authorisation

continues in force, which must not be longer

than the period for which the pandemic

declaration continues in force.

165AZ Authorised officers may exercise public

health risk powers and pandemic

management powers

Subject to section 165AX(3), an authorised

officer who is authorised under section

165AW(2) may exercise any of the public

health risk powers or the pandemic

management powers at any time when a

pandemic declaration is in force.

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Note

A pandemic order prevails over a direction given by

an authorised officer to the extent of any

inconsistency, see section 165CQ.

165B Pandemic management order powers

(1) The pandemic management order powers

are as follows—

(a) to take any action or give any direction,

other than to detain a person, that the

authorised officer believes is

reasonably necessary to implement or

give effect to a pandemic order;

(b) to detain a person in a pandemic

management area in accordance with a

pandemic order that requires the

detention of the person (including a

pandemic order that requires that the

detention of a person be extended).

Note

A pandemic order can require that a person be

detained or that the detention of a person be extended:

see section 165AI(2)(a) and (b). Special protections

apply to detention under this Part, including the right

of a detained person to apply for review by a

Detention Appeals Officer of the detention: see

Division 6.

(2) Without limiting subsection (1)(a), an

authorised officer may give a direction in the

exercise of a pandemic management order

power under that subsection that requires a

person to take, or refrain from taking, any

action that authorised officer believes is

reasonably necessary to ensure compliance,

or limit non-compliance, by the person with

a pandemic order.

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Note

A pandemic order that applies generally to all persons

or to a person included in a specified class can be

made by the Minister, see section 165AK(1).

(3) An authorised officer may detain more than

one person in a single exercise of a pandemic

management order power under subsection

(1)(b), if the detention of the persons is in

accordance with a pandemic order.

165BA Pandemic management general powers

(1) The pandemic management general powers

are as follows—

(a) to take any action or give any direction,

other than to detain a person, that the

authorised officer believes is

reasonably necessary to protect public

health;

(b) to detain a person in a pandemic

management area for the period the

authorised officer believes is

reasonably necessary to eliminate or

reduce a serious risk to public health.

(2) Without limiting the pandemic management

general powers, an authorised officer may

give a written or oral direction in the

exercise of a pandemic management general

power—

(a) that restricts movement in a pandemic

management area; or

(b) that requires movement in, into or from

a pandemic management area; or

pandemic management area; or

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(d) that requires a person to refrain from

organising or participating in a

gathering whether public or private in a

pandemic management area; or

(e) that requires the use of personal

protective equipment in a pandemic

management area; or

(f) that requires a person to refrain from

carrying on activities, businesses or

undertakings, or to carry them on in a

specified manner, in a pandemic

management area; or

(g) that requires the provision of

information (including information

about the identity of any person), the

production of documents or the keeping

of records; or

(h) that requires medical examination or

testing in a pandemic management area

or before entering a pandemic

management area; or

(i) that requires the quarantining,

destruction or other management of

disease vectors in a pandemic

management area.

(3) If a direction is given orally, matters required

to be specified in the direction may be stated

orally.

(4) An authorised officer, in the exercise of a

pandemic management general power under

subsection (1)(a), must not give a direction

that applies to more than one person unless

the direction—

(a) relates to a particular event at a

particular location and is given to

persons participating in, or present at,

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that event (including, but not limited to,

a direction to restrict movement,

require movement or limit entry); or

(b) relates to a particular activity at a

particular location and is given to

persons undertaking that activity

(including, but not limited to, a

direction to restrict movement, require

movement or limit entry); or

require movement or to limit entry, if

when the direction is given the persons

to whom the direction is given—

(i) are located in the immediate

vicinity of the authorised officer;

(ii) are present at a particular

premises.

(5) An authorised officer must not detain more

than one person in a single exercise of a

pandemic management general power under

subsection (1)(b).

165BB Warning before giving a direction

Before exercising a pandemic management

power to give a direction, the person

exercising the power must, unless it is not

practicable to do so, warn the person to

whom the direction is given that refusal or

failure to comply with the direction without a

reasonable excuse is an offence.

165BC Assistance

(1) An authorised officer may be assisted by any

person in exercising a power under an

authorisation given under this Part.

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(2) A request for assistance by a police officer

must be made to the Chief Commissioner of

Police or a delegate of the Chief

Commissioner of Police.

Note

Division 4A of Part 11 contains general provisions

relating to compliance and enforcement.

Division 6—Special protections in

respect of powers of detention

165BD When detention commences

The detention of a person in the exercise of a

pandemic management power under section

165B(1)(b) or 165BA(1)(b) commences at

whichever of the following times occurs

first—

(a) the time when the person is first at a

place where the person is to be detained

after the exercise of the pandemic

management power, whether or not the

person is to remain at that place

throughout the period of detention, or is

to be transported to another place;

(b) the time when the person is first taken

into the physical custody of an

authorised officer in the exercise of the

pandemic management power or into

the physical custody of a person

assisting an authorised officer;

takes an action in respect of the person,

the taking of which is specified in the

pandemic order as being the

commencement of the detention of a

person.

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165BE Requirement to isolate or quarantine not

of itself detention

To avoid doubt, for the purposes of this Part,

a person who is required to isolate or

quarantine under a pandemic order or under

a direction given in the exercise of a

pandemic management power is not detained

for the purposes of this Part merely because

of the requirement to isolate or quarantine.

165BF Pandemic management powers that

involve detention

(1) Subject to subsection (4), before a person is

detained pursuant to the exercise of a

pandemic management power, or the

detention of a person is extended in the

exercise of a pandemic management power,

the person must be given—

(a) a notice under subsection (2); or

(b) an explanation of the reason why it is

necessary to detain the person, and a

warning to the person that a refusal or

failure to comply with a pandemic

order, or a direction given or a

requirement made, in the exercise of a

pandemic management power without a

reasonable excuse is an offence.

(2) A notice under this subsection must be in

writing and must state the following—

(a) the purpose of the detention and its

terms;

(b) any exemptions that may be available

to the person in respect of the

detention;

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and entitlements in relation to making a

complaint, seeking an exemption or

seeking a review of the detention or the

extension of the detention including,

but not limited to—

(i) the process for making a

complaint or seeking an

exemption; and

(ii) the process for making an

application for review of the

detention under section 165BI;

(d) that a refusal or failure to comply with

a pandemic order, or with a direction

given to the person, or a requirement

made of the person, in the exercise of a

pandemic management power without a

reasonable excuse is an offence.

(2A) Without limiting subsection (2)(c), an

explanation under that subsection must

include an explanation of the following

rights that the person has, or may have, and

the processes in respect of those rights—

(a) the right to complain to the

Ombudsman under the Ombudsman

Act 1973;

(b) the right to make a complaint under

section 185 of this Act; or

(3) If an explanation is given under subsection

(1)(b) or a notice is given under subsection

(2)—

(a) it must be in a form that the person to

whom it is given is capable of

understanding; or

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(b) the person to whom it is given must be

provided with reasonable assistance to

understand the explanation or notice.

(4) If, in the particular circumstances in which a

person is detained or the detention of a

person is extended, it is not practicable to

give a notice or an explanation to the person

before the person is detained or the extension

takes effect, a notice or explanation must be

given as soon as reasonably practicable.

(5) If a person is given an explanation under

subsection (1)(b) or (4), a notice under

subsection (2) must be given to the person as

soon as reasonably practicable after the

explanation is given.

165BG Authorised officers must facilitate

communication and review detention

(1) An authorised officer must facilitate any

reasonable request for communication made

by a person who is detained under section

165B(1)(b) or 165BA(1)(b).

(2) Subject to subsection (3), an authorised

officer must, at least once every 24 hours

during the period that a person is detained,

review whether the authorised officer is

satisfied that the continued detention of the

person is reasonably necessary to eliminate

or reduce a serious risk to public health.

(3) If it is not reasonably practicable for a

review under subsection (2) to be undertaken

within a particular 24 hour period, the review

must occur as soon as practicable and

without undue delay.

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165BH Reports by authorised officers to Chief

Health Officer about exercise of pandemic

management powers that involve

detention

(1) An authorised officer must, as soon as is

reasonably practicable, give written notice to

the Chief Health Officer of each of the

following—

(a) that a person has been detained in the

exercise of a pandemic management

power under section 165B(1)(b) or

165BA(1)(b);

(b) that following a review under

subsection 165BG(2), a person is to

continue to be detained under section

165B(1)(b) or 165BA(1)(b).

(2) A notice under subsection (1) must

include—

(a) the name of the person being detained;

and

(b) a brief statement as to the reason why

the person is detained or continues to

be detained; and

did not occur within a 24 hour period as

required by that subsection—

(i) when the review occurred; and

(ii) the reason why the review did not

occur within the 24 hour period.

(3) The Chief Health Officer must, as soon as is

reasonably practicable—

(a) advise the Minister in writing of the

following as applicable—

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(i) that a person has been detained

under section 165B(1)(b) or

165BA(1)(b);

(ii) that following a review under

section 165BG(2) a person is to

continue to be detained under

section 165B(1)(b) or

165BA(1)(b); and

(b) include in the advice the name of the

person being detained and a brief

statement as to the reason why the

person is, or continues to be, detained.

165BI Review of certain decisions in relation to

detention

(1) A person who is detained or whose detention

is extended under section 165B(1)(b) or

165BA(1)(b) may make an application to the

Detention Appeals Registrar for review by a

Detention Appeals Officer of the detention

including, but not limited to, in respect of the

following—

(a) the reasons for the detention;

(b) the period of the detention;

(d) the conditions of the detention;

(e) any other matter relating to the

detention.

(2) A person who has made an application under

subsection (1) may make further applications

under that subsection if—

(a) the most recent application made by the

person has been determined; and

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(b) since the most recent application was

determined, new and materially

different circumstances have arisen that

affect the person in respect of the

detention.

(3) An application under subsection (1)—

(a) must be in writing; and

(b) must specify the grounds on which the

application is made; and

of the kind permitted by subsection (2),

must include a description of the new

and materially different circumstances

that have arisen and affect the person in

respect of the detention; and

(d) must include any prescribed

information; and

(e) may include any other information that

the person making the application

considers appropriate.

(4) An application under subsection (1) may also

be made by a person on behalf of a person

who is detained—

(a) with the explicit consent of the person

who is detained; or

(b) without the explicit consent of the

person who is detained, if the person

making the application provides a

written undertaking that the person who

is detained has been consulted about the

application and has not refused to give

consent.

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(5) The Detention Appeals Registrar must

ensure that an application made under

subsection (1) is referred to a Detention

Appeals Officer immediately after the

application is received.

165BIA Secretary and Detention Appeals

Registrar to provide relevant information

and assistance to Detention Appeals

Officers

(1) The Secretary and the Detention Appeals

Registrar must use their best endeavours to

provide a Detention Appeals Officer with all

relevant information in their possession

including, but not limited to, documents and

information mentioned in section

165BJ(3)(ab), as soon as reasonably

practicable after an application under

section 165BI is received by the Detention

Appeals Registrar.

(2) The Secretary and the Detention Appeals

Registrar must use their best endeavours to

provide a Detention Appeals Officer with

any information requested by the Detention

Appeals Officer under section 165BJ(3)(c)

within 24 hours after receiving the request.

(3) The Secretary and the Detention Appeals

Registrar must provide all reasonable

assistance requested by a Detention Appeals

Officer for the purposes of the Detention

Appeals Officer considering and deciding

applications for review.

(4) The provision of information under

subsection (1) or (2) is authorised or required

by law for the purposes of the Privacy and

Data Protection Act 2014 and the Health

Records Act 2001.

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165BJ Detention Appeals Officer must decide

applications

(1) This section applies if an application in

respect of a decision is referred to a

Detention Appeals Officer under section

165BI(5).

(2) Subject to subsection (5), the Detention

Appeals Officer must use their best

endeavours to decide the application, and

advise the applicant in writing of the

decision, the reasons for it and the review

rights available to the applicant within

72 hours after the application was received

by the Detention Appeals Registrar or within

such longer period as is requested by the

applicant.

(2A) Without limiting subsection (2), the advice

under that subsection must include an

explanation of the following rights that the

person has, or may have, and the processes

in respect of those rights—

(a) the right to complain to the

Ombudsman under the Ombudsman

Act 1973;

(b) the right to make a complaint under

section 185 of this Act;

(3) In deciding the application, the Detention

Appeals Officer—

(a) must consider the information included

in the application; and

(ab) may consider any documents and other

information relied upon by the

authorised officer who detained the

person or extended the detention of the

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person under section 165B(1)(b) or

165BA(1)(b) and may consider any

other information in relation to the

person's detention; and

(ac) must take reasonable steps to contact

the applicant in relation to the

application; and

(b) may consider any other matter the

Detention Appeals Officer considers

relevant, including but not limited to

general information provided to the

Detention Appeals Officer in relation to

risks to public health; and

seek such further information in

relation to any aspect of the application

as the Detention Appeals Officer thinks

fit including, but not limited to, making

inquiries of or seeking information

from persons with expertise in public

health.

(4) The Detention Appeals Officer may

decide—

(a) not to vary the person's detention; or

(b) subject to subsections (5), (6) and (7),

to vary or cease the person's detention.

(5) A Detention Appeals Officer must not vary

or cease a person's detention under

subsection (4)(b) unless the Detention

Appeals Officer has consulted and

considered the advice of the Chief Health

Officer about the proposed variation or

cessation.

Note

The Chief Health Officer can delegate powers, duties

and functions: see section 22.

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(6) If a Detention Appeals Officer consults the

Chief Health Officer about the proposed

variation or cessation of a person's detention,

the Chief Health Officer must make their

best endeavours to provide oral or written

advice about the proposed variation or

cessation within 24 hours.

(7) If the Chief Health Officer provides oral

advice under subsection (6), a written record

of the advice must be prepared as soon as

practicable—

(a) by the Chief Health Officer; or

(b) by the Detention Appeals Officer, who

must provide a copy of the written

record to the Chief Health Officer for

endorsement by the Chief Health

Officer.

165BL Detention not unlawful merely because of

a decision on review

If the detention of a person ceases because of

a decision made on a review of the detention,

the detention of the person is not unlawful

merely because of the decision made on the

review.

165BM Detention guidelines and standards

(1) The Minister may make and publish

guidelines and standards in relation to the

welfare of persons detained under section

165B(1)(b) or 165BA(1)(b).

(2) The Minister must consult the Chief Health

Officer before making guidelines or

standards under subsection (1).

(3) Guidelines and standards made under

subsection (1) may deal with any matter

relating to the welfare of detained persons.

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Note

For example, matters could include the provision of

psychological support and contact with other persons.

(4) In performing functions and exercising

powers under this Act, a person must have

regard to any guidelines and standards issued

under subsection (1).

(5) If a standard makes specific provision in

relation to a particular matter, a person must

perform functions and exercise powers under

this Act in compliance with the provision, to

the extent that the provision is not

inconsistent with a pandemic order.

(6) If the Minister makes a pandemic order that

is inconsistent with a guideline or a standard,

the Minister must explain the reasons for the

inconsistency in the statement of reasons

referred to in section 165AP(2)(b) in relation

to the pandemic order.

Division 6A—Offences, penalties and

related matters

165BN Failure to comply with pandemic order,

direction or other requirement

(1) A person commits an offence if the person

refuses or fails to comply with a pandemic

order, or with a direction given to the person,

or a requirement made of the person, in the

exercise of a pandemic management power.

Penalty: In the case of a natural person, 60 penalty units;

In the case of a body corporate,

300 penalty units.

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(2) A person is not guilty of an offence against

subsection (1) if the person had a reasonable

excuse for refusing or failing to comply.

Division 7—Information sharing

165BR Secretary and Chief Health Officer may

collect, use and disclose information

The Secretary and the Chief Health Officer

may collect, hold, manage, use, disclose or

transfer information if this is reasonably

necessary for—

(a) the performance of functions or the

exercise of powers under or in relation

to this Part; or

(b) achieving the objective of this Part.

165BS Provision of information etc. is authorised

by law

To avoid doubt, the disclosure or transfer of

personal information or health information in

answering a question, giving information or

producing a document or other thing as

authorised or required by this Part is taken to

be authorised or required by law for the

purposes of—

(a) the Privacy and Data Protection

Act 2014; and

(b) the Health Records Act 2001.

165BT Pandemic information determination

(1) The Minister may apply to the Information

Commissioner, in writing, for a

determination (a pandemic information

determination) under section 165BU(1) in

relation to either or both of the following in

respect of information that is collected, held,

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managed, used, disclosed or transferred for

the purposes of this Part—

(a) an act or a practice of an organisation

that contravenes or may contravene a

specified Information Privacy Principle

or an approved code of practice within

the meaning of the Privacy and Data

Protection Act 2014;

(b) an act or a practice of an organisation

that contravenes or may contravene a

specified Health Privacy Principle.

(2) An application for a pandemic information

determination must specify—

(a) the act or practice to which the

determination would apply; and

(b) the persons or organisations to which

the determination would apply; and

approved code of practice or Health

Privacy Principle to which the

application relates; and

(d) the reasons for seeking the

determination.

(3) A pandemic information determination may

relate to personal information or health

information or both.

165BU Information Commissioner may make a

pandemic information determination

(1) The Information Commissioner may make a

pandemic information determination on

application under section 165BT if satisfied

that the public interest in the organisation

doing the act or engaging in the practice

substantially outweighs the public interest in

complying with the specified Information

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Privacy Principle, approved code of practice

or Health Privacy Principle.

(2) In deciding whether to make a pandemic

information determination, the Information

Commissioner—

(a) must have regard to whether permitting

the organisation to do the act or engage

in the practice would be in the public

interest; and

(b) must have regard to the objective of

this Act, the objective of this Part, the

Privacy and Data Protection Act

2014 and the Health Records Act

2001; and

Information Commissioner considers

relevant.

(3) The Information Commissioner must consult

the Health Complaints Commissioner before

making a pandemic information

determination that relates to a Health Privacy

Principle.

(4) The Health Complaints Commissioner may

comment in writing on a pandemic

information determination made by the

Information Commissioner that relates to a

Health Privacy Principle.

(5) A pandemic information determination must

include a statement of reasons for making the

determination.

165BV Effect of a pandemic information

determination

If the Information Commissioner makes a

pandemic information determination, the

persons or organisations to which the

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determination applies are not required to

comply with the Information Privacy

Principles, approved codes of practice and

Health Privacy Principles to the extent

specified in the determination.

165BW Duration of a pandemic information

determination

A pandemic information determination has

effect on and after the day of its publication

until—

(a) the expiry date (if any) specified in the

determination; or

(b) if, before the expiry date, the

determination is revoked, or the

pandemic declaration to which the

determination relates ceases to be in

force, upon that revocation or cessation.

165BX Variation of a pandemic information

determination

(1) The Minister may apply to the Information

Commissioner to vary a pandemic

information determination.

(2) The Information Commissioner may vary the

pandemic information determination, upon

application by the Minister under subsection

(1), if the Information Commissioner

considers it appropriate to do so.

(3) In deciding whether to vary a pandemic

information determination, the Information

Commissioner—

(a) must have regard to whether the

variation would be in the public

interest; and

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(b) must have regard to the objective of

this Act, the objective of this Part,

the Privacy and Data Protection

Act 2014 and the Health Records

Act 2001; and

Information Commissioner considers

relevant.

165BY Revocation of a pandemic information

determination

The Information Commissioner must revoke

a pandemic information determination if

satisfied that—

(a) the public interest in the organisation

doing the act or engaging in the

practice no longer substantially

outweighs the public interest in

complying with the Information

Privacy Principle or approved code of

practice or Health Privacy Principle

specified in the determination; or

(b) the reasons set out in the application for

the determination no longer apply.

165BZ Procedures before variation or revocation

of a pandemic information determination

(1) Before revoking a pandemic information

determination, the Information

Commissioner must give the Minister

written notice stating—

(a) that the Information Commissioner

intends to vary or revoke the

determination; and

(b) the reasons for the intended variation or

revocation; and

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submission as to why the determination

should not be varied or revoked.

(2) The Information Commissioner must

consider any submission received under

subsection (1)(c) within the period stated in

the notice before revoking the pandemic

information determination.

(3) The Information Commissioner must consult

the Health Complaints Commissioner before

varying or revoking a pandemic information

determination that relates to a Health Privacy

Principle.

(4) The Health Complaints Commissioner may

comment in writing on an instrument varying

or revoking a pandemic information

determination that relates to a Health Privacy

Principle.

(5) An instrument varying or revoking a

pandemic information determination must

include a statement of reasons for the

variation or revocation.

165C Publication of a pandemic information

determination and an instrument of

variation or revocation

Subject to this section, within 14 days after a

pandemic information determination is

made, varied or revoked, the Information

Commissioner must ensure that the

following documents are published on an

Internet site maintained by the Information

Commissioner—

(a) a copy of the pandemic information

determination as made or varied, or the

instrument of revocation;

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(b) a statement of reasons for the making,

variation or revocation of the pandemic

information determination;

Health Complaints Commissioner—

(i) under section 165BU(4) on the

pandemic information

determination; or

(ii) under section 165BZ(4) on an

instrument varying or revoking the

pandemic information

determination.

Division 8—Safeguards for contact

tracing information

165CA Objective

The objectives of this Division are—

(a) to safeguard information about

individuals, and certain other

information, to the extent that it forms

part of a system established for contact

tracing purposes in relation to a

pandemic disease or a disease of

pandemic potential to which a

pandemic declaration relates; and

(b) to provide a strong legislative

framework in order to maintain the

Victorian community's confidence in

the safeguards that apply to the use and

disclosure of such information.

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165CB Meaning of contact tracing information

(1) In this Act—

contact tracing information means

information that forms part of a system

established for contact tracing purposes

in relation to a pandemic disease or a

disease of pandemic potential to which

a pandemic declaration relates, being

information that—

(a) is recorded in any form, and

whether true or not, about an

individual whose identity is

apparent, or can reasonably be

ascertained, from the information;

(b) is collected by a digital visitor

registration system for the

purposes of contact tracing,

whether or not the information is

about an individual whose identity

is apparent, or can reasonably be

ascertained, from the information.

(2) In this Act, a system is established for

contact tracing purposes, in relation to a

pandemic disease or a disease of pandemic

potential to which a pandemic declaration

relates or related, if—

(a) under the system, information is or was

collected, held, used, disclosed,

managed and transferred by entities and

individuals for the purposes of

identifying, notifying or

communicating with one or more other

entities and individuals; and

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(b) the identification, notification or

communication referred to in paragraph

(a) is or was about one or more

individuals who —

(i) are, or at any time may be or may

have been, infected with the

pandemic disease or disease of

pandemic potential; or

(ii) had, or at any time may have or

have had, direct or indirect contact

with one or more individuals who

are, or at any time may be or may

have been, infected with that

disease.

165CC Offence to use or disclose contact tracing

information

A person commits an offence if—

(a) the person uses or discloses contact

tracing information; and

(b) the use or disclosure is not authorised

under section 165CD.

Penalty: In the case of a natural person,

60 penalty units;

In the case of a body corporate,

300 penalty units.

165CD When a use or disclosure of contact

tracing information is authorised

(1) For the purposes of section 165CC, a use or

disclosure of contact tracing information is

authorised by this section if the use or

disclosure—

(a) is for a public health purpose; or

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(b) is in the performance of functions or

the exercise of powers under this Part;

(2) A use or disclosure of contact tracing

information is for a permitted purpose if the

use or disclosure—

(a) is with the consent of any individual

whose identity is apparent, or can

reasonably be ascertained, from the

information; or

(b) is for the purpose of addressing an

imminent threat to life, health, safety or

welfare of one or more individuals in

circumstances where an individual—

(i) is, or is reasonably suspected of

being, at imminent risk of self-

harm;

(ii) poses, or is reasonably suspected

of posing, an imminent threat to

the life, health, safety or welfare

of others; or

action (including, but not limited to,

issuing infringement notices or

investigating or prosecuting an offence)

in respect of an offence under the

following—

(i) section 165CC; or

(ii) section 210.

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Division 9—Independent Pandemic

Management Advisory Committee

165CE Establishment of Independent Pandemic

Management Advisory Committee

(1) Within 30 days of the first extension of a

pandemic declaration, the Minister, by Order

published in the Government Gazette, must

establish a committee, to be known as an

Independent Pandemic Management

Advisory Committee, for the purposes of

providing advice in relation to managing the

pandemic disease or the disease of pandemic

potential to which the pandemic declaration

relates.

(2) If the Minister establishes an Independent

Pandemic Management Advisory Committee

the Minister must, by Order published in the

Government Gazette—

(a) appoint as members of the committee

persons whom the Minister considers

have skills, knowledge or experience

relevant to the committee's functions;

and

(b) specify the period of appointment and

the terms and conditions of the

appointment.

(3) Before appointing a person as a member of

an Independent Pandemic Management

Advisory Committee, the Minister must

consult the Chief Health Officer in relation

to the appointment.

(4) For the purposes of appointing members to

an Independent Pandemic Management

Advisory Committee, the Minister must

ensure as far as reasonably practicable that

members of the committee, taken as a group,

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have skills, knowledge and experience that

encompass all of the following matters—

(a) public health;

(b) infectious diseases;

(d) emergency care;

(e) critical care;

(f) law;

(g) human rights;

(h) the interests and needs of traditional

owners and Aboriginal Victorians;

(i) the interests and needs of vulnerable

communities.

(5) Each person appointed in order to ensure that

an Independent Pandemic Management

Advisory Committee has skills, knowledge

and experience in the interests and needs of

traditional owners and Aboriginal Victorians

must be an Aboriginal Victorian.

(6) A member of an Independent Pandemic

Management Advisory Committee is not

subject to the Public Administration Act

2004 (other than Part 5 of that Act) in respect

of their membership.

(7) A member of an Independent Pandemic

Management Advisory Committee, other

than a member who is an employee of the

public service, is entitled to receive the fees,

travelling and other allowances from time to

time fixed by the Minister in respect of their

appointment.

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165CF Functions of an Independent Pandemic

Management Advisory Committee

(1) The functions of an Independent Pandemic

Management Advisory Committee are—

(a) to review and provide advice to the

Minister in relation to the exercise of

powers under this Part; and

(b) to prepare and provide reports to the

Minister including, but not limited to,

reports that make non-binding

recommendations.

(2) A review under subsection (1)(a) may be

conducted on the initiative of an Independent

Pandemic Management Advisory Committee

or on request by the Minister.

(3) If the Minister requests that an Independent

Pandemic Management Advisory Committee

advise the Minister in relation to particular

matters, the committee must advise the

Minister in relation to those matters, but the

committee is not otherwise subject to the

direction or control of the Minister.

165CG Tabling in Parliament of reports

Within 4 sitting days after a report under

section 165CF(1)(b) is provided to the

Minister, the Minister must ensure that a

copy of the report is laid before each House

of the Parliament.

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Division 10—Interaction between a state

of emergency and a pandemic and other

matters

165CH Application of Division

(1) This Division applies if—

(a) a declaration of a state of emergency

under section 198(1) is in force, in

respect of one or more emergency

areas, in relation to an infectious

disease or an infectious agent that gives

rise to an infectious disease; and

(b) a pandemic declaration in relation to

the same infectious disease comes into

force at a particular time in relation to

one or more pandemic management

areas.

(2) For the purposes of this Division the time

when the pandemic declaration referred to in

subsection (1)(b) comes into force is the

pandemic start time.

(3) On and from the pandemic start time, the

declaration of the state of emergency—

(a) ceases to be in force in respect of so

much of each emergency area that is, or

is within, a pandemic management

area;

(b) remains in force in respect of each

other emergency area.

165CI Authorised officers

An authorisation of an authorised officer

under section 199 that is in force

immediately before the pandemic start time

continues in force on and after that time as if

the authorisation had been given, on the

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same terms, under section 165AW(2), with

the following modifications—

(a) if the authorisation is expressed to

expire when the state of emergency

declaration ceases to be in force

(however described), the authorisation

is taken to expire when the pandemic

declaration ceases to be in force;

(b) a reference in the authorisation to the

emergency powers under section 200 or

to directions under section 200 is taken

to be a reference to the pandemic

management powers and pandemic

orders;

under section 201(3)(e) is taken to be a

restriction or limitation imposed under

section 165AX(3)(d).

165CJ Directions of Chief Health Officer

A direction given by the Chief Health

Officer or their delegate under section 200(1)

that is in force immediately before the

pandemic start time, other than a direction

that applies to a single named individual,

continues in force, until it is revoked, on and

after the pandemic start time—

(a) as if the direction were a pandemic

order in the same terms made under

section 165AI(1); and

(b) subject to any exemption, benefit,

requirement or entitlement (however

described) to which the direction was

subject immediately before the

pandemic start time.

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165CK Directions and actions other than in

relation to detention

(1) A direction given, and anything done, by an

authorised officer under an emergency power

or a public health risk power during the state

of emergency, other than a direction or thing

done in relation to detention under section

200(1)(a), continues in force, on and after the

pandemic start time—

(a) as if the direction had been given, or

the thing had been done, in the exercise

of a pandemic management general

power under section 165B(1)(a), or a

public health risk power, as the case

requires; and

(b) subject to any exemption, benefit,

requirement or entitlement (however

described) to which the direction or

thing done was subject immediately

before the pandemic start time.

(2) Subsection (1) does not apply to a direction

given, or anything done, by the Chief Health

Officer or their delegate.

165CL Directions and actions in relation to

detention

(1) Subject to this section if, immediately before

the pandemic start time, a person is detained

under a direction or thing done under section

200(1)(a)—

(a) the detention of the person continues in

force, on and after the pandemic start

time, as if the person were detained

under section 165B(1)(b) or

165BA(1)(b); and

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(b) any direction given to the person under

section 200(1)(d) in relation to the

detention continues in force as if the

direction had been given under

165B(1)(a) or 165BA(1)(a).

(2) An application under section 200B made by

or on behalf of the person, which had not

been determined as at the pandemic start

time, is taken, on and after the pandemic

start time, to have been made under section

165BI(1).

(4) A decision made before the pandemic start

time on an application under section 200B is

taken, on and after the pandemic start time,

to have been made under section 165BJ.

(6) For the purposes of this section, any time

frames that would have applied under this

Act as in force immediately before the

pandemic start time continue to apply.

165CM Exemptions in relation to detention

(1) Subject to this section if—

(a) immediately before the pandemic start

time, a person who would otherwise

have been detained under section

200(1)(a) is not in detention because of

the exercise of a discretion to not detain

the person; and

(b) as at the pandemic start time, the

reasons for not detaining the person

remain applicable—

the person is presumed not to be required to

be detained under a pandemic order on or

after the pandemic start time.

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(2) Nothing in subsection (1) limits the

operation of a pandemic order or section

165B(1)(b) or 165BA(1)(b) in respect of the

person if the reasons referred to in subsection

(1) cease to be applicable.

165CN Secretary may appoint authorised officers

During any period when a pandemic

declaration is in force, in addition to the

persons who may otherwise be appointed

under section 30(1), the Secretary by

instrument may also appoint under that

subsection any of the following to be an

authorised officer for the purposes of this

Act—

(a) a person the Secretary considers

appropriate for appointment based on

the person's skills, attributes or

experience;

(b) a police officer;

(d) a Worksafe inspector;

(e) an employee in the public sector of a

State other than Victoria, or a territory;

(f) a designated health service provider.

165CO Limitation on the powers that may be

conferred on authorised officers

appointed as permitted by section 165CN

(1) Despite section 189, the Chief Health Officer

may only authorise an authorised officer

appointed as permitted by section 165CN to

exercise the following public health risk

powers—

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(a) if the authorised officer is a police

officer or a protective services officer,

the public health risk powers referred to

in section 190(1)(c), (d), (e) and (f);

(b) if the authorised officer is a Worksafe

inspector, the public health risk powers

referred to in section 190(1)(c), (d), (e),

(f), (g), (h), (i), (j) and (k);

appointed as permitted by section

165CN(a), the public health risk powers

referred to in section 190(1)(d) and (e);

(d) if the authorised officer is a person

appointed as permitted by section

165CN(e) or (f), the public health risk

powers specified in the authorised

officer's instrument of appointment.

(2) Despite section 165AW, the Chief Health

Officer must not authorise an authorised

officer appointed as permitted by section

165CN to exercise any of the pandemic

management powers.

Note

The pandemic management powers include powers

relating to detention.

(3) This section does not limit the restrictions to

which the appointment of an authorised

officer may otherwise be subject under this

Act.

Division 11—Other matters

165CP Interaction of powers

Unless the contrary intention appears, the

powers conferred by or under this Part are in

addition to, and not in derogation of, any

other powers conferred by or under this Act.

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165CQ Interaction between pandemic order and

other directions

A pandemic order prevails over a direction

given by an authorised officer to the extent

of any inconsistency.

165CR Certain instruments are not legislative

instruments

The following instruments are not legislative

instruments within the meaning of the

Subordinate Legislation Act 1994—

(a) a pandemic declaration;

(b) an instrument of variation, extension or

revocation of a pandemic declaration;

(d) an instrument of variation, extension or

revocation of a pandemic order;

(e) a direction made in the exercise of a

pandemic management power;

(f) a standard or guideline made under

section 165BM;

(g) a pandemic information determination;

(h) a variation or revocation of a pandemic

information determination.

165CS Minister must establish and maintain a

Pandemic Order Register

(1) The Minister must establish and maintain a

includes the following instruments and

incorporated matter—

(a) all pandemic orders as made;

(b) all pandemic orders as in force from

time to time;

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revoke a pandemic order;

(d) if one or more pandemic orders make

provision for or in relation to a matter

by applying, adopting or incorporating

any matter contained in a document

(not being another pandemic order, an

Act, a Commonwealth Act, a Code, a

statutory rule or a legislative instrument

made under a Commonwealth Act), all

such documents.

(2) The Pandemic Order Register must be made

available to the public free of charge on an

Internet site maintained by the Department.

(3) An electronic version of a pandemic order or

a document included in the Pandemic Order

or a document, is, on the mere production of

that electronic version or printed copy,

admissible as evidence thereof before all

courts and persons acting judicially within

Victoria.

(4) In this section—

Code has the same meaning as it has in

section 32(1) of the Interpretation of

Legislation Act 1984;

legislative instrument has the same meaning

as it has in the Acts Interpretation Act

1901 of the Commonwealth.

165CT Disapplication of certain requirements in

relation to certain incorporated matter

(1) This section applies to a pandemic order (the

incorporating pandemic order) that makes

provision for or in relation to a matter by

applying, adopting or incorporating any

matter contained in another document (not

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being an Act, a Commonwealth Act, a Code,

a statutory rule or a statutory rule made

under a Commonwealth Act).

(2) If the other document is also a pandemic

order, section 32 of the Interpretation of

Legislation Act 1984 does not apply to

matter contained in the incorporating

pandemic order, or to the incorporating

pandemic order.

(3) If the other document is not also a pandemic

order, the requirements of section 32(3)(a)

and (b) and (4)(a) and (c) of the

Interpretation of Legislation Act 1984 are

taken to be satisfied in relation to the

incorporating pandemic order if a copy of the

document that contains the matter is

published on the Pandemic Order Register.

165CU Immunity

(1) This section applies to the following—

(a) the Chief Health Officer;

(b) a delegate of the Chief Health Officer;

(d) a Detention Appeals Officer.

(2) A person to whom this section applies is not

personally liable for anything done or

omitted to be done in good faith, at a time

when a pandemic declaration is in force, in

relation to a pandemic disease or a disease of

pandemic potential—

(a) in the exercise of a power or the

discharge of a duty in relation to the

pandemic disease or disease of

pandemic potential—

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(i) under this Part or under

regulations or an instrument under

this Part; or

(ii) under Part 10 or under regulations

or an instrument under Part 10; or

(b) in the reasonable belief that the act or

omission was in the exercise of a power

or the discharge of a duty under this

Part or Part 10, or under regulations or

an instrument under this Part or Part 10,

in relation to the pandemic disease or a

disease of pandemic potential.

(3) Any liability resulting from an act or

omission that would but for subsection (2)

attach to a person attaches instead to the

Crown.

165CV Gazette notices

(1) Subject to subsection (2), production of a

Government Gazette purporting to contain—

(a) notice of the making, variation

extension or revocation of an

instrument under this Part is evidence

of that making, variation, extension or

revocation; and

(b) a copy of the instrument is evidence of

the terms of the instrument.

(2) If the instrument is included in the Pandemic

Order Register, and there is an inconsistency

between the instrument as included in the

Gazette, section 165CS(3) prevails over

subsection (1) of this section.

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165CW Invalidity of declaration not to affect

validity of things done

The validity of anything done or purportedly

done in reliance on a pandemic declaration

or a state of emergency declaration is not

affected by the invalidity of the declaration

unless the declaration was not made in good

faith.

165CX Independent review of Part

(1) The Minister must arrange for an

independent review to be conducted of the

operation of this Part.

(2) The independent review must commence no

later than 18 months after the day on which

this Part commences.

(2A) For the purposes of this section, an

independent review means a review by

persons who—

(a) in the opinion of the Minister, possess

appropriate qualifications or expertise

to undertake the review; and

(b) collectively, have qualifications or

expertise in public health and law; and

not employed by the State of Victoria

or a State agency and have not, since

the commencement of this Part,

provided services to the State of

Victoria or a State agency under or in

connection with a contract.

(2B) In this section—

State agency means the following—

(a) the Crown in right of Victoria;

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(b) a Minister of the Crown in right of

Victoria;

meaning of the Public

Administration Act 2004;

(d) an instrumentality of the State of

Victoria, including a body

corporate established for a public

purpose by or under a law of the

State of Victoria;

(e) a company in which a controlling

interest is held by any one of the

following persons, or by 2 or more

of the following persons

together—

(i) the Crown in right of

Victoria;

(ii) a person or body covered by

paragraph (b) or (d).

(3) The Minister must cause a copy of a report

of the independent review to be laid before

each House of Parliament as soon as

reasonably practicable after the review is

completed.".

13 Powers in the case of a risk to public health

In section 189(a) of the Principal Act, after

"officers" insert ", or a specified class or classes

of authorised officers,".

14 Chief Health Officer may authorise exercise of

certain powers

In section 199(2)(a) of the Principal Act, after

"officers" insert ", or a specified class or classes

of authorised officers,".

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14A Information to be given to detained persons

After section 200A(1) of the Principal Act

insert—

"(1A) Without limiting subsection (1)(c), an

explanation under that subsection must

include an explanation of the following

rights that the person has, or may have, and

the processes in respect of those rights—

(a) the right to complain to the

Ombudsman under the Ombudsman

Act 1973;

(b) the right to make a complaint under

section 185 of this Act;

14B Applications may be made for review of certain

decisions in relation to a person subject to detention

(1) In section 200B(1) and (5) of the Principal Act,

for "Secretary" substitute "Detention Appeals

Registrar".

(2) In section 200B(1) and (5) of the Principal Act,

for "Detention Review Officer" substitute

"Detention Appeals Officer".

(3) In section 200B(5) of the Principal Act, for

"made" substitute "received".

14C New section 200BA inserted

After section 200B of the Principal Act insert—

"200BA Secretary and Detention Appeals

Registrar to provide relevant information

and assistance to Detention Appeals

Officers

(1) The Secretary and the Detention Appeals

Registrar must use their best endeavours to

provide a Detention Appeals Officer with all

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relevant information in their possession

including, but not limited to, documents and

information mentioned in section

200C(3)(ab), as soon as reasonably

practicable after an application under

section 200B is received by the Detention

Appeals Registrar.

(2) The Secretary and the Detention Appeals

Registrar must use their best endeavours to

provide a Detention Appeals Officer with

any information requested by the Detention

Appeals Officer under section 200C(3)(b)

within 24 hours after receiving the request.

(3) The Secretary and the Detention Appeals

Registrar must provide all reasonable

assistance requested by a Detention Appeals

Officer for the purposes of the Detention

Appeals Officer considering and deciding

applications for review.

(4) The provision of information under

subsection (1) or (2) is authorised or required

by law for the purposes of the Privacy and

Data Protection Act 2014 and the Health

Records Act 2001.".

14D Detention Review Officer must decide applications

(1) For the heading to section 200C of the Principal

Act substitute—

"Detention Appeals Officer must decide

applications".

(2) In section 200C of the Principal Act, for

"Detention Review Officer" (wherever occurring)

substitute "Detention Appeals Officer".

(3) In section 200C(2) of the Principal Act, for

"the reasons for it, within 24 hours after the

application was received by the Secretary"

substitute "the reasons for it, and the review

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rights available to the applicant, within 72 hours

after the application was received by the

Detention Appeals Registrar or within such longer

period as is requested by the applicant".

(4) After section 200C(3)(a) of the Principal Act

insert—

"(ab) may consider any documents and other

information relied upon by the authorised

officer who detained the person or extended

the detention of the person under section 200

and may consider any other information in

relation to the person's detention; and

(ac) must take reasonable steps to contact the

applicant in relation to the application; and".

(5) For section 200C(4)(b) of the Principal Act

substitute—

"(b) subject to subsections (6), (7) and (8), to

vary or cease the person's detention.".

(6) After section 200C(5) of the Principal Act

insert—

"(6) A Detention Appeals Officer must not vary

or cease a person's detention under

subsection (4)(b) unless the Detention

Appeals Officer has consulted and

considered the advice of the Chief Health

Officer about the proposed variation or

cessation.

Note

The Chief Health Officer can delegate powers, duties

and functions: see section 22.

(7) If a Detention Appeals Officer consults the

Chief Health Officer about the proposed

variation or cessation of a person's detention,

the Chief Health Officer must make their

best endeavours to provide oral or written

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advice about the proposed variation or

cessation within 24 hours.

(8) If the Chief Health Officer provides oral

advice under subsection (7), a written record

of the advice must be prepared as soon as

practicable—

(a) by the Chief Health Officer; or

(b) by the Detention Appeals Officer, who

must provide a copy of the written

record to the Chief Health Officer for

the endorsement of the Chief Health

Officer.".

14E Review referred back to Chief Health Officer

Section 200D of the Principal Act is repealed.

15 New section 212A inserted

After section 212 of the Principal Act insert—

"212A Abrogation of privilege against self-

incrimination

(1) A person is not excused from complying

with a requirement under or for the purposes

of Part 8A to provide information on the

ground that the information—

(a) might incriminate the person; or

(b) may make the person liable to a

penalty.

(2) Information provided by a natural person in

compliance with the requirement—

(a) is not admissible in evidence against

the natural person in a criminal

proceeding, other than a proceeding in

respect of the provision of false or

misleading information; and

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(b) must not be used in any action,

proceeding or process that may make

the person liable to a criminal penalty,

other than a proceeding in respect of

the provision of false or misleading

information.".

17 New Division 4A of Part 11 inserted

After section 227 of the Principal Act insert—

"Division 4A—General provisions

relating to assistance powers

227A Provisions relating to requests for

assistance

(1) A request for assistance under section

165BC, 192 or 202—

(a) may relate generally to the exercise of

powers in relation to a particular

pandemic or emergency, or in relation

to the exercise of particular public

health risk powers, emergency powers

or pandemic management powers, and

must be made by the Secretary if it

relates generally to the exercise of

powers; and

(b) need not be made on each occasion

assistance is required in the exercise of

such powers.

(2) A request for assistance under section

165BC, 192 or 202 that does not relate

generally to the exercise of powers as

mentioned in subsection (1) does not need to

be made by the Secretary, but may be made

by an authorised officer.

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(3) A person to whom a request for assistance is

made has and may exercise any powers that

the person has and may exercise under any

other law of Victoria, subject to any

limitations that apply in relation to the

exercise of the powers under the other law,

unless the request is made of the person in a

personal capacity.

(4) A person to whom a request for assistance is

made—

(a) may provide assistance before, during

or after the exercise of the powers in

relation to which the request is made;

and

(b) need not be in the physical presence of

an authorised officer when providing

the assistance.

(5) Assistance that may be provided includes,

but is not limited to, monitoring or ensuring

compliance with a pandemic order or a

direction given by the person who requested

the assistance.

227B Assistance by police officers

(1) Without limiting section 165BC, 192 or 202,

if a request for assistance is made of a police

officer in relation to the exercise of a power

under this Act and it is reasonably necessary

to assist an authorised officer in exercising

the power, the police officer may provide

assistance by doing one or more of the

following—

(a) effecting warrantless entry into

premises pursuant to a specific request

from an authorised officer;

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(b) compelling a person to provide the

person's name, address and any other

information;

(2) Without limiting subsection (1)(c), a police

officer may use reasonable force to detain a

person under or for the purposes of Part 8A,

and to take that person to—

(a) a place where the person is to be

detained; or

(b) a place where the person is required to

be under a pandemic order or under a

direction given in the exercise of a

pandemic management power.

(3) Despite subsections (1)(c) and (2), those

subsections do not permit a police officer to

exercise reasonable force to assist in the

exercise of a power to require a person to

undertake an examination, test,

pharmacological treatment or prophylaxis.

18 New Division 5A of Part 11 inserted

After section 231 of the Principal Act insert—

"Division 5A—Compliance and

enforcement policy

231A Secretary may develop compliance and

enforcement policy

(1) The Secretary may make a policy (a

compliance and enforcement policy) to

promote compliance with, and enforcement

of, this Act or specified provisions of this

Act including, but not limited to a

compliance and enforcement policy in

relation to a particular pandemic, emergency

or public health risk.

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(2) A compliance and enforcement policy—

(a) must set out options for promoting

compliance with, and enforcement of,

this Act or specified provisions of this

Act; and

(b) must set out guidance on how persons

involved in compliance and

enforcement functions may or must use

those options to promote compliance

with, and enforcement of, this Act or

specified provisions of this Act; and

matters relevant to compliance with,

and enforcement of, this Act or

specified provisions of this Act.

(3) A compliance and enforcement policy

may—

(a) set out guidance in relation to the

issuing of infringement notices, and

(b) provide that any part of the policy is

taken to be an enforcement agency

guideline or policy for the purposes of

section 9 of the Infringements Act

2006;

(4) If a compliance and enforcement policy

provides that any part of the policy is taken

to be an enforcement agency guideline or

policy for the purposes of section 9 of the

Infringements Act 2006—

(a) a person who issues, or considers

whether or not to issue, an infringement

notice under this Act must have regard

to the compliance and enforcement

policy; and

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(b) if there is a conflict between the

compliance and enforcement policy and

any other enforcement agency guideline

or policy, the compliance and

enforcement policy prevails.

(5) The Secretary must publish a compliance

and enforcement policy on an Internet site

maintained by the Department.

(6) A person who performs a function or

exercises a power under this Act must have

regard to any applicable compliance and

enforcement policy in performing the

function or exercising the power.

(7) A compliance and enforcement policy

relating to the COVID-19 pandemic—

(a) must be published not later than

90 days after the commencement of this

section; and

(b) must promote compliance with, and

enforcement of, this Act or specified

provisions of this Act in its application

to the COVID-19 pandemic;

and (4), must set out guidance on how

persons involved in compliance and

enforcement functions in relation to the

COVID-19 pandemic are to consider

the impacts of the performance of those

functions upon vulnerable persons and

communities.".

Part 2—Amendments relating to pandemic declarations

Public Health and Wellbeing Amendment (Pandemic Management) Act 2021

No. of 2021

19 Insertion of new section 248C

Before Part 13 of the Principal Act insert—

"248C Authorised officers appointed under old

section 30(1A)

(1) If, on 16 December 2021 a pandemic

declaration is in force, the appointment of an

authorised officer under section 30(1A) that

was in force immediately before 16

December 2021 continues in force on and

after that day as if the appointment had been

made, on the same terms, under section 30(1)

as permitted by section 165CN.

(2) For the purposes of subsection (1), the

reference to section 30(1A) is a reference to

section 30(1A) as notionally inserted by

section 250 of this Act as in force

immediately before 16 December 2021.

248CA Applications made under old section 200B

(1) If, immediately before the commencement

day, an application made by a person under

section 200B of the old Act had not been

determined, the old Act continues to apply in

relation to the determination of the

application.

(2) In this section—

commencement day means the day on which

Part 2 of the Public Health and

Wellbeing Amendment (Pandemic

Management) Act 2021 came into

operation;

old Act means this Act, and regulations and

instruments made under this Act, as in

force immediately before the

commencement day.

Part 2—Amendments relating to pandemic declarations

Public Health and Wellbeing Amendment (Pandemic Management) Act 2021

No. of 2021

248D Transitional regulations

(1) The Governor in Council may make

regulations containing provisions of a

savings or transitional nature consequent on

the enactment of this Act.

(2) Regulations made under subsection (1) may

be retrospective in operation to the

commencement of section 1 of this Act.

(3) Regulations made under subsection (1) have

effect despite anything to the contrary in any

Act (other than this Act or the Charter of

Human Rights and Responsibilities) or in

any subordinate instrument or policy under

this Act as in force immediately before the

commencement of section 1 of this Act.

(4) Without limiting this section, regulations

made under subsection (1) may continue in

effect for a period of not more than

12 months beginning on the day on which

this section expires.

(5) This section expires on the second

anniversary of the day on which all the

provisions of this Act have come into

operation.".

Part 2A—Establishment of the Pandemic Declaration Accountability and

Oversight Committee

Public Health and Wellbeing Amendment (Pandemic Management) Act 2021

No. of 2021

Part 2A—Establishment of the Pandemic

Declaration Accountability and Oversight

Committee

19A Definitions

In section 3 of the Parliamentary Committees

Act 2003 insert the following definitions—

"Independent Pandemic Management Advisory

Committee has the same meaning as it has in

the Public Health and Wellbeing Act 2008;

pandemic declaration has the same meaning as it

has in the Public Health and Wellbeing

Act 2008;

political party has the same meaning as it has in

the Electoral Act 2002;".

19B Establishment of Joint House Committees

After section 5(h) of the Parliamentary

Committees Act 2003 insert—

"(i) the Pandemic Declaration Accountability

and Oversight Committee;".

19C New section 14A inserted

After section 14 of the Parliamentary

Committees Act 2003 insert—

"15 Pandemic Declaration Accountability and

Oversight Committee

The function of the Pandemic Declaration

Accountability and Oversight Committee is

the function conferred on it by Division 4 of

Part 8A of the Public Health and

Wellbeing Act 2008 in relation to scrutiny

and disallowance of pandemic orders and

instruments that extend, vary or revoke

pandemic orders.

Part 2A—Establishment of the Pandemic Declaration Accountability and

Oversight Committee

Public Health and Wellbeing Amendment (Pandemic Management) Act 2021

No. of 2021

Note

The Pandemic Declaration Accountability and Oversight

Committee may refer a matter to the Ombudsman under

section 16(1) of the Ombudsman Act 1973.".

19D Membership of Joint Investigatory Committees

In section 21(2) of the Parliamentary

Committees Act 2003, for "As" substitute

"Subject to section 21A, as".

19E New section 21A inserted

After section 21 of the Parliamentary

Committees Act 2003 insert—

"21A Membership of Pandemic Declaration

Accountability and Oversight Committee

(1) This section provides for special rules

relating to the Pandemic Declaration

Accountability and Oversight Committee.

(2) The members of the Pandemic Declaration

Accountability and Oversight Committee

must be appointed as soon as practicable

after the making of a pandemic declaration.

(3) The appointments of members of the

Pandemic Declaration Accountability and

Oversight Committee must be revoked as

soon as practicable after the ceasing in force

of the pandemic declaration in relation to

which they were appointed.

(4) Subject to this Act, the members of the

Pandemic Declaration Accountability and

Oversight Committee must be appointed, and

their appointments revoked, according to the

practice of Parliament relating to the

appointment and revocation of appointment

of members to joint select committees.

Part 2A—Establishment of the Pandemic Declaration Accountability and

Oversight Committee

Public Health and Wellbeing Amendment (Pandemic Management) Act 2021

No. of 2021

(5) Not more than half of the members of the

Pandemic Declaration Accountability and

Oversight Committee may be members of a

political party forming the Government.".

19F Election of chairperson and deputy chairperson

After section 22(1) of the Parliamentary

Committees Act 2003 insert—

"(1A) The chairperson of the Pandemic Declaration

Accountability and Oversight Committee

must not be a member of a political party

forming the Government.".

19G Sittings

(1) In section 25(5) of the Parliamentary

Committees Act 2003, for "A" substitute

"Subject to subsection (6), a".

(2) After section 25(5) of the Parliamentary

Committees Act 2003 insert—

"(6) Subsection (5)(a) does not apply to the

Pandemic Declaration Accountability and

Oversight Committee, and a member of that

Committee participating in a meeting of that

Committee by audio link or audio visual

link—

(a) is present for the purposes of

determining whether there is a quorum;

and

(b) may vote on a question arising at the

meeting.".

Part 3—Amendments relating to concessional infringement scheme

Public Health and Wellbeing Amendment (Pandemic Management) Act 2021

No. of 2021

Part 3—Amendments relating to

concessional infringement scheme

20 Definitions

In section 3(1) of the Principal Act insert the

following definitions—

"attachment of debts direction has the same

meaning as it has in the Fines Reform Act

2014;

attachment of earnings direction has the same

meaning as it has in the Fines Reform Act

2014;

Director, Fines Victoria means the person

employed as Director, Fines Victoria under

section 4 of the Fines Reform Act 2014;

enforcement agency has the same meaning as it

has in the Infringements Act 2006;

fine has the same meaning as it has in the Fines

Reform Act 2014;

Health Privacy Principles has the same meaning

as it has in the Health Records Act 2001;

Information Privacy Principles has the same

meaning as it has in the Privacy and Data

Protection Act 2014;

infringement fine has the same meaning as it has

in the Infringements Act 2006;

infringement penalty has the same meaning as it

has in the Infringements Act 2006;

land charge has the same meaning as it has in the

Fines Reform Act 2014;

seven-day notice has the same meaning as it has

in the Fines Reform Act 2014;

Part 3—Amendments relating to concessional infringement scheme

Public Health and Wellbeing Amendment (Pandemic Management) Act 2021

No. of 2021

vehicle seizure and sale notice has the same

meaning as it has in the Fines Reform

Act 2014;".

21 New Part 8B inserted

After section 165CX of the Principal Act insert—

"Part 8B—Concessional

infringement scheme

165CY Eligible offences

(1) For the purposes of this Part, an offence

against this Act or the regulations is an

eligible offence in respect of a natural person

if—

(a) the offence is prescribed by the

regulations; and

(b) the commission of the offence by the

natural person relates to the

performance of a function or the

exercise of a power in respect of a

pandemic disease or a disease of

pandemic potential.

(2) For the purposes of this Part, a person is an

eligible person in relation to an eligible

offence if the person is determined to be an

eligible person in relation to the offence

under section 165DC(1).

165CZ Application for determination

(1) A natural person who has been issued with

an infringement notice in respect of an

eligible offence may apply to the Director,

Fines Victoria for a determination under

section 165DC(1) that they are an eligible

person in respect of the eligible offence.

Part 3—Amendments relating to concessional infringement scheme

Public Health and Wellbeing Amendment (Pandemic Management) Act 2021

No. of 2021

100

Note

If the Director, Fines Victoria determines under

section 165DC(1) that a person is an eligible person,

the infringement penalty payable by the person may

be reduced under section 165DC(3).

(2) An application under subsection (1) may also

be made by a person acting on behalf of the

person issued with the infringement notice.

(3) An application must—

(a) be in writing; and

(b) provide evidence that the applicant is a

prescribed person or a person included

in a prescribed class; and

service; and

(d) refer to the infringement notice to

which the application relates; and

(e) include any other prescribed

information.

165D Application to be made before certain

enforcement related events

An application under section 165CZ(1) must

be made before any of the following occur in

respect of the infringement offence referred

to in the application—

(a) a seven-day notice served on the person

has expired;

(b) an attachment of earnings direction or

an attachment of debts direction has

been made;

(d) property has been seized under a

vehicle seizure and sale notice;

Part 3—Amendments relating to concessional infringement scheme

Public Health and Wellbeing Amendment (Pandemic Management) Act 2021

No. of 2021

101

(e) the infringement penalty and any fees

that have been added to the

infringement penalty under the

Infringements Act 2006, the Fines

Reform Act 2014 or any regulations

made under those Acts have been paid;

(f) the operation of the unexpired period of

a seven-day notice served on the person

has been waived under section 36 of the

Sheriff Act 2009;

(g) the infringement penalty or a part of the

infringement penalty has been

registered with the Children's Court

under clause 4 of Schedule 3 to the

Children, Youth and Families

Act 2005.

165DA Verification of information supplied in

application

The Director, Fines Victoria may specify

how any information supplied in an

application under section 165CZ is to be

verified.

165DB Suspension of enforcement action for

infringement offence the subject of

application

(1) If an application is made under section

165CZ(1) the Director, Fines Victoria—

(a) must suspend any enforcement action,

and not take any further enforcement

action, under the Fines Reform Act

2014 against the applicant in respect of

each eligible offence referred to in the

application; and

(b) may direct an enforcement agency to

suspend any enforcement action, and

not take any enforcement action, under

Part 3—Amendments relating to concessional infringement scheme

Public Health and Wellbeing Amendment (Pandemic Management) Act 2021

No. of 2021

102

the Infringements Act 2006 against

the applicant in respect of each eligible

offence referred to in the application.

(2) A direction under subsection (1)(b) must—

(a) include notice of the application; and

(b) specify that, until the Director, Fines

Victoria notifies the enforcement

agency of the outcome of the

application, the enforcement agency—

(i) must suspend any enforcement

action under the Infringements

Act 2006 against the applicant in

respect of each eligible offence

referred to in the application; and

(ii) must not take any further

enforcement action against the

applicant in respect of each such

eligible offence.

(3) The suspension of enforcement action under

subsection (1)—

(a) begins when the application is received

by the Director, Fines Victoria; and

(b) ends on the date notice is given to the

enforcement agency of the outcome of

the application.

165DC Determination of eligible person and

infringement penalty reduction

(1) The Director, Fines Victoria must determine

that an applicant is an eligible person in

respect of an eligible offence if the Director

is satisfied that—

(a) the applicant was served with an

infringement notice in relation to the

eligible offence; and

Part 3—Amendments relating to concessional infringement scheme

Public Health and Wellbeing Amendment (Pandemic Management) Act 2021

No. of 2021

103

(b) the applicant is a prescribed person or a

person included in a prescribed class.

(2) The Director, Fines Victoria must determine

that an applicant is not an eligible person in

respect of an eligible offence if the Director

is satisfied that the criteria in subsection (1)

are not met.

(3) If the Director, Fines Victoria determines

that an applicant is an eligible person in

respect of an eligible offence, the Director

must reduce the infringement penalty in

respect of the eligible offence—

(a) to the prescribed amount in respect of

the eligible offence; or

(b) if a method for calculating the rate of

reduction for an eligible offence is

prescribed, the amount calculated in

accordance with the prescribed method.

(4) If the Director, Fines Victoria reduces the

infringement penalty in respect of the

eligible offence, the infringement penalty is

taken to be reduced in accordance with the

determination.

(5) Despite subsection (4), if the applicant has

already paid an amount in respect of the

infringement penalty for the eligible offence

that exceeds the infringement penalty as

reduced, the person is not entitled to a refund

of the excess.

165DD Director must give notice if applicant is an

eligible person

(1) This section applies if the Director, Fines

Victoria determines—

(a) that an applicant is an eligible person in

respect of an eligible offence; and

Part 3—Amendments relating to concessional infringement scheme

Public Health and Wellbeing Amendment (Pandemic Management) Act 2021

No. of 2021

104

(b) that the infringement penalty is

reduced, and specifies the amount of

the reduced infringement penalty,

resulting from the determination.

(2) The Director, Fines Victoria must, by

writing, notify the following of the

determination—

(a) the applicant; and

(b) if a direction has been given under

section 165DB(1)(b) to an enforcement

agency, the enforcement agency.

(3) The applicant is not liable for any fees

related to any fine which is the subject of an

application that accrue while the application

is being determined.

(4) The period during which an enforcement

agency that has been given a direction under

subsection 165DB(1)(b) in relation to an

eligible offence may commence a proceeding

for that offence is extended by 6 months

after the date of the notice given under

subsection (2)(b).

165DE Director must give notice if applicant is

not an eligible person

(1) This section applies if the Director, Fines

Victoria determines that an applicant is not

an eligible person in respect of an eligible

offence.

(2) The Director, Fines Victoria must give

written notice of the determination within

21 days of its making to the following—

(a) the applicant;

(b) any enforcement agency to which the

Director, Fines Victoria has given a

direction under section 165DB(1)(b).

Part 3—Amendments relating to concessional infringement scheme

Public Health and Wellbeing Amendment (Pandemic Management) Act 2021

No. of 2021

105

(3) Within 21 days of the Director, Fines

Victoria notifying an applicant that the

applicant is not an eligible person, the person

liable to pay the infringement penalty

referred to in the application must—

(a) pay the infringement penalty and any

fees that have been added to the

infringement penalty under the

Infringements Act 2006, the Fines

Reform Act 2014 or regulations made

under either of those Acts; or

(b) take any other action in relation to

the fine which the person may take

under this Act, the Infringements Act

2006 or the Fines Reform Act 2014.

(4) For the purposes of subsection (3)(a), a

person is not liable for any fees related to

any fine which is the subject of an

application, being fees that accrue while the

application is being determined.

(5) The period during which an enforcement

agency that has been given a direction under

subsection 165DB(1)(b) in relation to an

eligible offence may commence a proceeding

for that offence is extended by 6 months

after the date of the notice given under

subsection (2)(b).".

Part 4—Consequential amendments relating to Parts 2 and 3

Public Health and Wellbeing Amendment (Pandemic Management) Act 2021

No. of 2021

106

Part 4—Consequential amendments relating

to Parts 2 and 3

Division 1—Consequential amendments relating to

Part 2

22 Approval of service as a youth control order

planning meeting program

In section 480A(1)(a) and (b) of the Children,

Youth and Families Act 2005, for "Department

of Health and Human Services" substitute

"Department of Health".

23 Isolation for detection, prevention or mitigation of

COVID-19 or other infectious disease

In section 600M(4) of the Children, Youth and

Families Act 2005—

(a) after paragraph (a) insert—

"(ab) any relevant pandemic order under the

Public Health and Wellbeing

Act 2008 relating to COVID-19 or any

other infectious disease; and";

(b) in paragraph (b), for "Department of Health

and Human Services" substitute

"Department of Health".

24 Entitlements of person placed in isolation under

section 600M

In section 600N(3) of the Children, Youth and

Families Act 2005—

(a) after paragraph (a) insert—

"(ab) any relevant pandemic order under the

Public Health and Wellbeing

Act 2008 relating to COVID-19 or any

other infectious disease; or";

Part 4—Consequential amendments relating to Parts 2 and 3

Public Health and Wellbeing Amendment (Pandemic Management) Act 2021

No. of 2021

107

(b) in paragraph (b), for "Department of Health

and Human Services" substitute

"Department of Health".

25 Matters to which regard may be had in exercise of

powers

In section 112U of the Corrections Act 1986—

(a) after paragraph (a) insert—

"(ab) any relevant pandemic order under the

Public Health and Wellbeing Act

2008 relating to COVID-19 or any

other infectious disease; and";

(b) in paragraph (b), for "Department of Health

and Human Services" substitute

"Department of Health".

26 Temporary measures in response to COVID-19

pandemic

In section 7A(3) of the Court Security

Act 1980—

(a) in paragraph (b)—

(i) for "Part 10" substitute "Part 8A

or 10";

(ii) for "premises." substitute "premises;

and";

(b) after paragraph (b) insert—

"(c) the following of any relevant pandemic

order made under Part 8A of the Public

Health and Wellbeing Act 2008 in

relation to the COVID-19 pandemic at

the court premises.".

Part 4—Consequential amendments relating to Parts 2 and 3

Public Health and Wellbeing Amendment (Pandemic Management) Act 2021

No. of 2021

108

27 Definitions

In section 42C of the Evidence (Miscellaneous

Provisions) Act 1958, in the definition of

exceptional circumstances, after paragraph (a)

insert—

"(ab) a pandemic declaration made under section

165AB of the Public Health and Wellbeing

Act 2008 in an area where an accused is

required to appear before a court or required

to transit through in order to appear before a

court; or".

28 Power to issue prohibition notice

For section 190 of the Occupational Health and

Safety Act 2004 substitute—

'190 Power to issue prohibition notice

Section 112 has effect as if the

following subsection were inserted after

section 112(1)—

"(1A) For the purposes of subsection (1),

a failure to comply with any of the

following is taken to be an activity

that involves an immediate risk to

the health or safety of a person—

(a) a pandemic order relating to

the COVID-19 pandemic

made under section 165AI of

the Public Health and

Wellbeing Act 2008;

(b) a direction relating to the

COVID-19 pandemic given

by an authorised officer

under section 200(1)(d),

165B(1)(a) or 165BA(1)(a)

of the Public Health and

Wellbeing Act 2008.".'

Part 4—Consequential amendments relating to Parts 2 and 3

Public Health and Wellbeing Amendment (Pandemic Management) Act 2021

No. of 2021

109

29 Power to give directions

For section 191 of the Occupational Health and

Safety Act 2004 substitute—

'191 Power to give directions

Section 120 has effect as if the following

subsection were inserted after section

120(1)—

"(1A) For the purposes of subsection (1), a

failure to comply with any of the

following is taken to be an activity that

involves an immediate risk to the health

or safety of a person—

(a) a pandemic order relating to the

COVID-19 pandemic made under

section 165AI of the Public

Health and Wellbeing Act 2008;

(b) a direction relating to the

COVID-19 pandemic given by an

authorised officer under section

200(1)(d), 165B(1)(a) or

165BA(1)(a) of the Public Health

and Wellbeing Act 2008.".'

30 Repeal of Part

In section 192 of the Occupational Health and

Safety Act 2004, for "16 December 2021"

substitute "26 April 2022".

32 Exception to compliance with certain inspection

requirements when an emergency declaration is in

force

In section 197H(3) of the Planning and

Environment Act 1987, in the definition of

emergency declaration, after paragraph (a)

insert—

Part 4—Consequential amendments relating to Parts 2 and 3

Public Health and Wellbeing Amendment (Pandemic Management) Act 2021

No. of 2021

110

"(ab) a pandemic declaration under section 165AB

of the Public Health and Wellbeing Act

2008; or".

33 Declaration of emergency situation

In section 105A(6) of the Public Administration

Act 2004, before paragraph (a) insert—

"(aa) a pandemic declaration under section 165AB

of the Public Health and Wellbeing Act

2008;".

34 Powers of public sector body Heads in emergency

situations

(1) In section 105E(2) of the Public Administration

Act 2004, for "an employee" (wherever occurring)

substitute "a public sector employee".

(2) In section 105E(3) of the Public Administration

Act 2004, for "An employee" substitute "A

public sector employee".

(3) In section 105E(4) of the Public Administration

Act 2004, for "an employee" substitute "a public

sector employee".

(4) In the example at the foot of section 105E(4) of

the Public Administration Act 2004, for "An

employee" substitute "A public sector employee".

35 Duties and powers of protective services officers

In section 52(5) of the Victoria Police

Act 2013—

(a) in the definition of emergency, after

paragraph (b) insert—

"(ba) a pandemic declaration made under

section 165AB of the Public Health

and Wellbeing Act 2008; or";

Part 4—Consequential amendments relating to Parts 2 and 3

Public Health and Wellbeing Amendment (Pandemic Management) Act 2021

No. of 2021

111

(b) in the definition of emergency area, after

paragraph (b) insert—

"(ba) in the case of a pandemic declaration

made under section 165AB of the

Public Health and Wellbeing Act

2008, the pandemic management area

to which the declaration applies; or".

Division 2—Consequential amendment that

commences on 16 December 2021

36 Declaration of a state of emergency

(1) In section 198(7)(c) of the Principal Act omit all

the words and phrases from and including "or" to

and including "21 months".

(2) In section 198(8) of the Principal Act, for "Subject

to subsections (8A) and (8B), if" substitute "If".

(3) Sections 198(8A) and (8B) of the Principal Act

are repealed.

Division 3—Consequential amendments relating to

Part 3

37 Definitions

In section 3 of the Fines Reform Act 2014, after

paragraph (a) of the definition of fines application

insert—

"(ab) under section 165CZ(1) of the Public

Health and Wellbeing Act 2008; or".

38 Functions and powers of the Director

After section 5(2)(hb) of the Fines Reform Act

2014 insert—

"(hc) to perform functions under Part 8B of the

Public Health and Wellbeing Act 2008;".

Part 4—Consequential amendments relating to Parts 2 and 3

Public Health and Wellbeing Amendment (Pandemic Management) Act 2021

No. of 2021

112

39 Delegation

(1) In section 8(1) of the Fines Reform Act 2014 for

"or the Infringements Act 2006" (where twice

occurring) substitute ", the Infringements

Act 2006 or Part 8B of the Public Health and

Wellbeing Act 2008".

(2) In section 8(2) of the Fines Reform Act 2014

after "Part 5" insert "", or under Part 8B of the

Public Health and Wellbeing Act 2008,".

(3) After section 8(2) of the Fines Reform Act 2014

insert—

"(2A) The Director may delegate any powers or

functions under Part 8B of the Public

Health and Wellbeing Act 2008 other than

this power of delegation to a contractor

within the meaning of section 173A".

40 Extended period for registration

After subsection 17(c) of the Fines Reform

Act 2014 insert—

"(ca) in the case of an applicant for determination

under section 165DC(1) of the Public

Health and Wellbeing Act 2008, in respect

of which a direction has been given to an

enforcement agency under section

165DB(1)(b), no more than 6 months after

the date of service of the notice of the

outcome of the application given to the

applicant under section 165DD(2)(a) or

165DE(2)(a), as the case requires; or".

41 Offence to give false information

In section 184 of the Fines Reform Act 2014

after "Act" insert "or under Part 8B of the Public

Health and Wellbeing Act 2008".

Part 5—Amendments relating to quarantine detention fees during the

COVID-19 pandemic

Public Health and Wellbeing Amendment (Pandemic Management) Act 2021

No. of 2021

113

Part 5—Amendments relating to quarantine

detention fees during the COVID-19

pandemic

Division 1—Certain requirements disapplied

42 Section 238D substituted

For section 238D of the Principal Act

substitute—

"238D Certain requirements under Subordinate

Legislation Act 1994 disapplied

The following are not required for the first

proposed statutory rule that is to be made

under section 238A, 238B or 238C after the

commencement of section 42 of the Public

Health and Wellbeing Amendment

(Pandemic Management) Act 2021—

(a) consultation under section 6 of the

Subordinate Legislation Act 1994;

(b) preparation of a regulatory impact

statement under section 7 of the

Subordinate Legislation Act 1994.".

Division 2—Other matters

43 Waiver of fees payable in relation to quarantine

detention

In section 238B of the Principal Act, after

"section 259" insert "or 260A".

44 Section 238E repealed

Section 238E of the Principal Act is repealed.

Part 5—Amendments relating to quarantine detention fees during the

COVID-19 pandemic

Public Health and Wellbeing Amendment (Pandemic Management) Act 2021

No. of 2021

114

45 New sections 248A and 248B inserted

At the end of Part 12 of the Principal Act insert—

"248A Transitional provision—Meaning of

quarantined person

If a person is a quarantined person

within the meaning of section 256

immediately before the commencement

of section 47 of the Public Health and

Wellbeing Amendment (Pandemic

Management) Act 2021, the person is

taken to be a quarantined person within

the meaning of section 256 after that

commencement.

248B Transitional provision—Payment

reminder notices for unpaid quarantine

detention fees

If a person is liable to pay fees under

section 257 and an amount of the fees

remains unpaid immediately before the

commencement of section 52 of the

Public Health and Wellbeing

Amendment (Pandemic

Management) Act 2021, COVID-19

Quarantine Victoria may issue payment

reminder notices to the person in

accordance with sections 260B and

260C as if the person became liable to

pay the fees on or after that

commencement.".

46 Definitions

In section 255 of the Principal Act—

(a) insert the following definitions—

"contact details, in relation to a person liable

to pay fees under section 257, means

the following—

Part 5—Amendments relating to quarantine detention fees during the

COVID-19 pandemic

Public Health and Wellbeing Amendment (Pandemic Management) Act 2021

No. of 2021

115

(a) the person's telephone number;

(b) the person's email address;

first payment reminder notice means a

payment reminder notice issued under

section 260B;

further payment reminder notice means a

payment reminder notice issued under

section 260C;";

(b) for the definition of specified place of

detention substitute—

"specified place of detention, in relation to a

quarantined person, means the place

where the quarantined person is to be

detained as specified—

(a) by an authorised officer under

section 200(1); or

(b) in a pandemic order under section

165AI or by an authorised officer

in the exercise of a pandemic

management order power under

section 165B(1)(b);

exercise of a pandemic

management general power under

165BA(1)(b).".

47 Meaning of quarantined person

For section 256(b) of the Principal Act

substitute—

"(b) who, for the purpose of eliminating or

reducing the serious risk to public health

posed by the COVID-19 pandemic, is

detained—

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(i) under section 200(1), on or after 7

December 2020, at a place specified by

an authorised officer pursuant to that

section; or

(ii) under section 165B(1)(b) or

165BA(1)(b) at a place specified in a

pandemic order or by an authorised

officer.".

48 Liability to pay quarantine detention fees

After section 257(3) of the Principal Act insert—

"(4) Despite subsections (1), (2) and (3), if any

other person has provided written notice to

COVID-19 Quarantine Victoria stating that

the person accepts liability to pay to the State

the prescribed fees relating to a quarantined

person's detention at a specified place of

detention, that other person is liable to pay

those fees.".

49 COVID-19 Quarantine Victoria to invoice

quarantined persons for fees relating to detention

(1) In section 258(1) of the Principal Act, before

"COVID-19" insert "Subject to subsection (1A),".

(2) After section 258(1) of the Principal Act insert—

"(1A) COVID-19 Quarantine Victoria is not

required to give a person an invoice—

(a) if the fees prescribed for the purposes

of section 257 that the person is liable

to pay are nil; or

(b) if payment of all of the fees that the

person is liable to pay is waived under

section 260A; or

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50 New section 258A inserted

After section 258 of the Principal Act insert—

"258A COVID-19 Quarantine Victoria may

obtain contact details required

(1) COVID-19 Quarantine Victoria may

request a prescribed body to provide it

with the contact details of a person

liable to pay fees under section 257 if

COVID-19 Quarantine Victoria—

(a) requires those details to give

the person an invoice under

section 258; and

(b) has made reasonable attempts to

obtain those details from the

person directly; and

has not obtained those details.

(2) A prescribed body may provide

COVID-19 Quarantine Victoria with

the contact details requested if it is

satisfied that the request has been made

in accordance with subsection (1).

(3) COVID-19 Quarantine Victoria may

only use or disclose a person's contact

details provided under subsection (2)—

(a) to give the person an invoice

under section 258; or

(b) to recover fees that the person is

liable to pay under section 257; or

law.

(4) For the purposes of the Privacy and

Data Protection Act 2014 and any

other Act—

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(a) the provision of a person's contact

details under subsection (2) is

taken to be a disclosure authorised

by law; and

(b) the use or disclosure of a person's

contact details under subsection

(3) is taken to be a use or

disclosure authorised by law.

(5) Subject to this section, COVID-19

Quarantine Victoria must comply with

the Information Privacy Principles in

respect of the use and disclosure of a

person's contact details.".

51 Waiver of fees

(1) For the heading to section 259 of the Principal Act

substitute—

"Waiver of fees—application".

(2) In section 259(1) of the Principal Act, after

"section 257" insert ", other than a person liable

under section 257(4),".

52 New sections 260A to 260D inserted

After section 260 of the Principal Act insert—

"260A Waiver of fees—own initiative

(1) On its own initiative and having regard

to any prescribed matters or

circumstances, COVID-19 Quarantine

Victoria may waive payment of all or

part of the fees that a person is liable to

pay under section 257.

(2) Subject to subsection (3), COVID-19

Quarantine Victoria must give notice of

a waiver under subsection (1) in

accordance with the regulations.

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(3) COVID-19 Quarantine Victoria is not

required to give notice of a waiver

under subsection (1)—

(a) if it is impractical or inappropriate

to do so; or

(b) in the prescribed circumstances.

(4) A notice required under subsection (2)

must contain the prescribed information

(if any).

260B Issue of first payment reminder notice

(1) COVID-19 Quarantine Victoria may

issue a first payment reminder notice to

a person who is liable to pay fees under

section 257 if—

(a) an invoice has been given to

the person in accordance with

section 258; and

(b) the relevant date by which an

amount of the fees must be paid

has passed; and

been paid in full; and

(d) there are no pending waiver

applications or payment plan

applications relating to that

amount of the fees.

(2) For the purposes of subsection (1)(b),

the relevant date is—

(a) if any waiver applications or

payment plan applications have

been made relating to that amount

of the fees, the date specified for

that amount in the most recent

decision of COVID-19 Quarantine

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Victoria on an application relating

to that amount; or

(b) in any other case, the date

specified in the invoice given

under section 258.

(3) If COVID-19 Quarantine Victoria

issues a first payment reminder notice

under subsection (1), the date by which

the person must pay the amount of the

fees is extended to the date specified in

the notice.

(4) For the purposes of subsection (3), the

date specified in the first payment

reminder notice must be at least 30

days after the date on which the first

payment reminder notice is issued.

(5) A first payment reminder notice under

subsection (1) must—

(a) be in writing; and

(b) explain the circumstances in

which the person may become

liable to pay the further payment

reminder notice fee under section

260D; and

(if any).

260C Issue of further payment reminder notice

(1) COVID-19 Quarantine Victoria may

issue a further payment reminder notice

to a person who is liable to pay fees

under section 257 if—

(a) the relevant date by which an

amount of the fees must be paid

(being an amount for which a first

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payment reminder notice was

previously issued) has passed; and

(b) that amount of the fees has not

been paid in full; and

applications or payment plan

applications relating to that

amount of the fees.

(2) For the purposes of subsection (1)(a),

the relevant date is—

(a) if any waiver applications or

payment plan applications have

been made relating to that amount

of the fees since the first payment

reminder notice was issued, the

date specified for that amount in

the most recent decision of

COVID-19 Quarantine Victoria

on an application relating to that

amount; or

(b) in any other case, the date

specified in the first payment

reminder notice.

(3) If COVID-19 Quarantine Victoria

issues a further payment reminder

notice under subsection (1), the date by

which the person must pay the amount

of the fees is extended to the date

specified in the notice.

(4) For the purposes of subsection (3), the

date specified in the further payment

reminder notice must be at least 30

days after the date on which the further

payment reminder notice is issued.

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(5) A further payment reminder notice

under subsection (1) must—

(a) be in writing; and

(b) explain that the person is liable to

pay the further payment reminder

notice fee under section 260D in

respect of that notice; and

(if any).

(6) COVID-19 Quarantine Victoria must

not issue more than one further

payment reminder notice to a person

under this section.

260D Further payment reminder notice fee

(1) A person issued with a further payment

reminder notice under section 260C is

liable to pay the prescribed further

payment reminder notice fee in respect

of that notice.

(2) The prescribed further payment

reminder notice fee—

(a) must be reasonably referrable to

the costs incurred by the State in

recovering the unpaid amount of

the fees that the person is liable to

pay under section 257; and

(b) on the issue of the further payment

reminder notice, is added to and

taken to be a part of the fees that

the person is liable to pay under

section 257.".

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53 Payment of fees

In section 261 of the Principal Act, after "259"

insert "or 260A".

54 Section 264 repealed

Section 264 of the Principal Act is repealed.

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Part 6—Amendment of Infringements

Act 2006 and Fines Reform Act 2014

Division 1—Amendment of Infringements Act 2006

55 Definitions

(1) In section 3(1) of the Infringements Act 2006,

for the definition of special circumstances

substitute—

"special circumstances has the meaning given by

section 3A;".

(2) Section 3(3) of the Infringements Act 2006 is

repealed.

56 New section 3A inserted

After section 3 of the Infringements Act 2006

insert—

"3A Meaning of special circumstances

(1) In this Act, special circumstances, in

relation to a person, means—

(a) a mental or intellectual disability,

disorder, disease or illness where the

disability, disorder, disease or illness

contributes to the person having a

significantly reduced capacity to—

(i) understand that conduct

constitutes an offence; or

(ii) control conduct that constitutes an

offence; or

(b) a serious addiction to drugs, alcohol or

a volatile substance within the meaning

of section 57 of the Drugs, Poisons

and Controlled Substances Act 1981

where the serious addiction contributes

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to the person having a significantly

reduced capacity to—

(i) understand that conduct

constitutes an offence; or

(ii) control conduct that constitutes an

offence; or

with the prescribed criteria (if any)

where the homelessness contributes to

the person having a significantly

reduced capacity to control conduct that

constitutes an offence; or

(d) family violence within the meaning of

section 5 of the Family Violence

Protection Act 2008 where the person

is a victim of family violence and the

family violence contributes to the

person having a significantly reduced

capacity to control conduct that

constitutes an offence; or

(e) circumstances experienced by the

person that—

(i) are long-term in nature; and

(ii) make it impracticable for the

person to pay the infringement

penalty and any applicable fees or

otherwise deal with the

infringement notice under this Act

or the Fines Reform Act 2014;

and

(iii) do not solely or predominantly

relate to the person's financial

circumstances.

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(2) Nothing in subsection (1) is to be taken as

limiting any power of the Court to consider

the circumstances of any person in a

proceeding before the Court under this Act

or any other Act.".

Division 2—Amendment of Fines Reform Act 2014

57 FVS application

For the note at the foot of section 10M(3) of the

Fines Reform Act 2014 substitute—

"Note

See section 3A(1)(d) of the Infringements Act 2006.".

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Part 7—Repeal of this Act

58 Repeal of this Act

This Act is repealed on the first anniversary of

the first day on which all of its provisions are in

operation.

Note

The repeal of this Act does not affect the continuing operation of

the amendments made by it (see section 15(1) of the

Interpretation of Legislation Act 1984).

═════════════

Endnotes

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Endnotes

1 General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current

authorised versions of legislation and up-to-date legislative information.

† Minister's second reading speech—

Legislative Assembly:

Legislative Council:

The long title for the Bill for this Act was "A Bill for an Act to amend the

Public Health and Wellbeing Act 2008 in relation to the effective

management of pandemics and for other purposes."

By Authority. Government Printer for the State of Victoria.