PUBLIC HEALTH AND WELLBEING ACT 2008 - SECT 165AG Reporting to Parliament in relation to a pandemic declaration

PUBLIC HEALTH AND WELLBEING ACT 2008 - SECT 165AG

    (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—

        (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;

        (c)         a summary of the matters in subsection (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—

        (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.

S. 165AH inserted by No. 53/2021 s. 12.