Australian Administrative Law and the COVID-19 Pandemic Response

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Added on  2023/01/09

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This report delves into the Australian government's administrative law response to the COVID-19 pandemic, with a specific focus on Queensland. It outlines the initial declaration of a public health emergency and the subsequent implementation of lockdown measures, travel restrictions, and social distancing guidelines. The report details the legal framework, including the Work Health and Safety laws, and the establishment of bodies like the National COVID-19 Coordinate Commission. It analyzes the parliament's role in enacting legislation, such as the restrictions on gatherings and non-essential businesses, and the introduction of emergency measures like border closures and the Overseas Travel Ban. Furthermore, the report examines the government's efforts to support citizens, including financial aid and the use of digital platforms for healthcare and contact tracing. The conclusion summarizes the effectiveness of these measures in managing the pandemic and highlights the collaboration between government and administration in addressing the challenges posed by COVID-19.
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Administrative law
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Table of Contents
INTRODUCTION......................................................................................................................2
MAIN BODY.............................................................................................................................2
Queensland Australia deal with current pandemic COVID – 19...........................................2
Laws that support to face COVID- 19...................................................................................3
Ways through which parliament deal with COVID- 19 situation..........................................4
CONCLUSION..........................................................................................................................6
REFERENCES...........................................................................................................................7
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INTRODUCTION
In the present scenario, most of the country are affected with COVID-19 and that is
why, each country’s government take immediate action in order to deal with the same. The
present study also helps to understand what Australia government makes decision in order to
overcome from the situation and protect people. Study will describe the action taken by
government in order to deal with the situation and ways through which manage the country
from COVID – 19.
MAIN BODY
Queensland Australia deal with current pandemic COVID – 19
As it is first country who declared it as a pandemic and that is why, government also
make changes in law in order to deal with situation and fulfill the necessity of people as well.
Such that from March onward, government announce complete lockdown in the country and
even all the international flights are suspended till the next notice especially to China, South
Korea, Iran and Italy. And also, if people are returning from other places to Australia, they
have to be make themselves self- isolated at least for 14 days (Caly and et.al., 2020). But
now, these restriction are somehow lifted like, increase in gathering of people, local
transportation are allowed but still schools and universities are not open and government
order them to start online classes for the student so that it do not affect their career. Also,
government start taking tested at grand level in order to determine the total confirmed cases
within a country and then make effective measures as well.
During third week, University of Queensland is also stopped all the teaching for a
week after three students are tested positive and that is why, schools and university shall
remain closed. On the other side, all restaurants and pubs are closed during lockdown but
now these are open but with specific guidelines like, maintain 4 meter distance, wear mask
and keep hydrating and many more. Even government also make sure that most of the
company do not called off their employees to office, instead they provide work from home
facilities so that their job and other things are not suffered (Kidd, 2020). Even self- isolated is
another way that helps to deal with the situation like if a person is suffering from any
symptoms of Corona virus, they have to be self- quarantine so that others are not affected and
this way, people are able to break the chain of virus as well. Thus, social distancing is the
best strategy which is in implemented by the country and also hire many agencies and bodies
in order to look after the situation of the country and make further decision as well.
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Laws that support to face COVID- 19
After analyzing that COVID – 19 is one of the pandemic disease, government
immediately takes and action and made bodies in order to keep monitoring on the situation
and fulfill the need of people. That is why, on 11 March 2020, when WHO confirmed that
COVID-19 is a pandemic, Australia has also confirmed many cases but after some time the
situation is changing rapidly. So as per the Work Health and Safety laws which require
person conducting a business or undertaking i.e. PCBU in order to make sure health and
safety of people (Coronavirus: Advice for PCBUs, 2020). This department closely look and
advice to make sure that any action is appropriate and also evaluate the information provided
by Australian government department of health and also advise them as well.
Also, government further make sure that it provide necessary item to the people
during the lock down situation so that people are not panic and easily understand the
situation. Further, they also announce toll free number that is operated by government in
order to solve query of people related to novel corona virus. On the other hand, as per the
national policy body, Safe Work Australia does not have a role to determine the eligibility for
benefit of workers but it has to make sure that companies compensate to worker’s agreement
with different schemes or not (Kinner and et.al., 2020). So, government also make sure that
they provide compensation and no employers ask their employees to leave the company
without having a valid reason.
In addition to this, government also made many policies during lockdown situation
and after lockdown like, proper social distancing is maintain and people come from different
state have to make themselves self- quarantine. If anyone found to disobey the laws and rules,
they have to pay the decided amount in a form of penalty and also even response act is also
emerged within Queensland which is affected till end of December or in next year as well,
depend upon the situation. Hence, these sudden implementation of law is started showing
their results and that is why, the cases of corona virus are slowly decreases, and fast recovery
of the patients as well (McLaren and et.al., 2020). Beside this, a new body is also formed
after analyzing the situation i.e. on 25th March 2020, National COVID-19 Coordinate
Commission was further established by the Prime Minister for a strategic advisory purpose
for the national response. The main role of this body is to provide advice on public- private
partnership and make a coordination in order to mitigate the social as well as economic
impact.
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Thus, when Prime Minister Morrison evaluate that the cases are rise and that is why,
make an announcement in 29th March where only two people are gather in order to complying
social distancing. Where PM urges that Australian people whose age is above 70, people with
chronic illness over the age of 60 and Indigenous Australian over the age of 50 have to stay at
home and self- isolated. But there are some acceptable reason which are accepted by
government in order to leave their houses i.e. essential shopping, medical and compassionate
needs, work on government duties. Also, ordered to cancel all the graduations exam,
conferences and start focusing on e-learning so that it will help to minimize social distancing
as well.
Ways through which parliament deal with COVID- 19 situation
After contacting with WHO and determine the situation of Australia, government
keep focusing on the ways and developed different laws in order to cope up the situation and
when the people identified as infected due to Corona virus, on 27th January, Queensland was
the first who was declared a public health emergency and this law is enforced by 6th February.
Under this law, it is clearly mention that no people leave their place or residence except for
essential need and even only two visitors are allowed and no gathering is allowed. On the
other side, on 9th April, all non- essential business activity does not operating within
Queensland which include cinemas, casinos, concert, meetings, sports, gyms, restaurants,
churches and hairdressers (Moloney and Moloney, 2020). Further after enforcing of this act,
restriction entry into Queensland was also introduced with only except person which is
allowed under the first stage of virus. But in second and third stage, these restriction is
tightening and under forth stage on 11th April people have to enter in Queensland require
permission from government and if person belongs to hotspot area of COVID-19 then they
must self- quarantine for 114 days.
After bushfire, country has to face COVID-19 situation which fluctuate the economic
process into negative manner. That is why , Federal government inform Federal parliament to
make a meeting in order to make decision and as a result, on 2nd April, request from the
leaders of government and Opposition in Senate to consider legislation in order to response
from economic crises. At that time, Queensland government criticized for holding elections
and that is why, elections are held in middle of pandemic. That is why at immediate basis,
laws are introducing for postponed or suspend the March local government elections. Such
that there is $133 fine if any person vote and that is why, most of the elder people are disable
to go to voting booth (Smith and Judd, 2020). As per the Human Right Act, people have a
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right to visit the place but this pandemic also diminish the law and restrict on the freedom of
movement such that government takes fine if a person find grooming unnecessary. Such that
these penalties include $5000 for corporation and even go to jail for the specific time period.
In addition to this, on 18th March 2020, a human biosecurity emergency was declared
in Australia after analyzing the situation of COVID – 19 under which, all borders are sealed
from 20th March onwards by imposing the ban in coordination with New Zealand in which
non- residents and non- citizens are not allowed. Further, Overseas Travel Ban Emergency
Requirement Determination 2020 also enacted in which government forbids the Australian
citizens and permanent resident from leaving Australia through air or a sea as a travel mode.
Beside this, on 25th April Health Minister also sign a contract under emergency plan in which
new plan are imposed by considering the faster and effective by encouraging public
acceptance and uptake of COVID safe (Weinkove and et.al., 2020). Thus, it is new
application which is introduced by government in order to record the contact between any
two people i.e. 4 feet 11 inch to each other and this shall remain in the phone till 21 days
when the person is confirmed COVID – 19.
On the other side, Residential Tenancies Mandatory Conciliation Service information
is introduced by the government of Australia for those people who have rental issue during
COVID- 19. Under this, they may solve many issues regarding rent and also request to
landlords not to take amount if person is not earning. Thus, this shows that government put
their all efforts in order to respond to every problem of people in order to protect the situation
from getting worse and also create awareness among people to make better decision too.
Moreover government of Australia is also focusing on the digital and virtual care platform in
order to response to all the patients with the help of video conferencing and digital
monitoring, health warrior provide their services to patients by reducing their exposure
(COVID-19 In Australia: Protecting Public health by Restricting Rights and Risking the rule
of Law, 2020). Such that only USA and Australia are top two countries who provide remote
care to patients with chronic condition and COVID -19 illness in their homes. But on the
other side, it is critically evaluated that this also have negative impact such that misdiagnoses,
increase cost may affect the health care system. Government uses digital technology in order
to balance the need for contact tracing and privacy so that information are forwarded to each
and every people in order to let the save from panic.
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Thus, it is analyzed that government made laws and also make amendments within
existing laws in order to make sure that people do not face any issue in relation to COVD- 19.
Though the rate of death within Australia is low as compared to active cases and that is why,
it is not so difficult but with mutual collaboration between government and administration,
they tries to deal with novel coronavirus, otherwise the situation will be worse like USA
(Zhou and et.al., 2020). Also, government is agree that there is a need to set up digital
platform for all the industries in order to cope up the problem and encourage social distancing
so that it do not increase the cases again and even government is ready to fight against the
situation as well.
CONCLUSION
By summing up above it has been concluded that there are many laws made,
guidelines implemented in order to cope up the situation of COVID- 19 and one of the most
effective is lockdown and do not permit people to move here and there. Even the restriction is
not only imposes to local community but it is also applicable for business so that they will
also help to control the situation and even till now the government make remedies and did not
open international flights till the situation are stable within an entire world.
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REFERENCES
Books and Journals
Caly, L. and et.al., 2020. Isolation and rapid sharing of the 2019 novel coronavirus (SARS‐
CoV‐2) from the first patient diagnosed with COVID‐19 in Australia. Medical Journal
of Australia.
Kidd, M., 2020. Australia’s primary care COVID-19 response. Australian journal of general
practice, 49.
Kinner, S.A. and et.al., 2020. Prisons and custodial settings are part of a comprehensive
response to COVID-19. The Lancet Public Health. 5(4). pp.e188-e189.
McLaren, H.J. and et.al., 2020. Covid-19 and Women’s Triple Burden: Vignettes from Sri
Lanka, Malaysia, Vietnam and Australia. Social Sciences. 9(5). p.87.
Moloney, K. and Moloney, S., 2020. Australian Quarantine Policy: From centralization to
coordination with mid‐Pandemic COVID‐19 shifts. Public Administration Review.
Smith, J.A. and Judd, J., 2020. COVID‐19: Vulnerability and the power of privilege in a
pandemic. Health Promotion Journal of Australia. 31(2). p.158.
Weinkove, R. and et.al., 2020. Managing haematology and oncology patients during the
COVID‐19 pandemic: interim consensus guidance. Medical Journal of Australia.
Zhou, X. and et.al., 2020. The role of telehealth in reducing the mental health burden from
COVID-19. Telemedicine and e-Health. 26(4). pp.377-379.
Online
COVID-19 In Australia: Protecting Public health by Restricting Rights and Risking the rule
of Law. 2020. [Online]. Available through:
<https://blog.petrieflom.law.harvard.edu/2020/05/14/australia-global-responses-
covid19/>.
Coronavirus: Advice for PCBUs. 2020. [Online]. Available through:
<https://www.safeworkaustralia.gov.au/doc/coronavirus-covid-19-advice-pcbus>.
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