ACT Legislative Assembly passes new COVID-19 powers

The territory's Legislative Assembly passed the laws on Tuesday, giving government ministers the power to make decisions around certain public directions.

Under the previous regime, public health measures such as vaccine mandates, social gathering restrictions and density limits can only be applied when there is a public health emergency.

The new laws will allow these measures to be implemented but only in relation to COVID-19. It would not apply to other illnesses.

The ACT's current public health emergency is set to expire on August 11 and Health Minister Rachel Stephen-Smith said she expected the new laws would be ready to go by then. She said there was work needed to implement the new directions.

She said the new bill would allow for an ongoing proportionate and transparent response to COVID-19.

"The bill includes a lot more safeguards and transparency than is currently required under the Public Health Act in the emergency declaration circumstance," Ms Stephen-Smith said.

"It's a step forward in our management of the COVID 19 pandemic."

The laws introduce a COVID-19 management direction to the Public Health Act, which would have three tiers.

It would give government ministers the power to impose certain restrictions, the power to create vaccine mandates and the chief health officer would retain control of test, trace, isolate and quarantine measures.

The health minister, in consultation with the chief minister, would be able to regulate business activity and impose restrictions on gathering numbers, household visitors and density limits in hospitality and retail venues.

But in order to impose the restrictions, advice would have to be sought from the chief health officer and there must be consultation with the Human Rights Commission.

The Legislative Assembly can also scrutinise any vaccine mandate to ensure it is reasonable in the circumstances. Other directions will be referred to the Assembly's justice and community safety committee.

The laws were introduced to the Legislative Assembly in December but were referred to the standing committee on health and wellbeing.

The committee undertook an inquiry into the laws and received more than 1000 submissions - the highest number of submissions for any inquiry in the history of the Legislative Assembly.

However, a majority of the submissions were from people living interstate. Most were critical of the government's vaccine mandates.

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Opposition Leader Elizabeth Lee put forward a range of amendments to the bill,, but they were rejected. The amendments included adding an external review mechanism for vaccine exemption decisions, removing the ability for a chief health officer to make a direction for an individual and that all directions would be subject to parliamentary scrutiny.

"The Canberra Liberals have always taken a measured approach to the management of the COVID-19 pandemic in the territory, acknowledging the need to balance public safety with individual rights, freedoms," Ms Lee said.

"An argument can be made that we do need a way forward on pandemic management that sits between business as usual and a public health emergency.

"However, it is my view that the proposed bill and amendments introduced by the minister don't quite get the balance right between assuring public safety and safeguarding individual rights and freedoms."

Greater parliamentary oversight was recommended in the inquiry into the bill.

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