Emergency Powers & Pandemics: Federalism and the Management of Public Health Emergencies in Australia

University of Tasmania Law Review, Vol. 31, No. 1, pp. 37-57, 2012

24 Pages Posted: 17 Jun 2013

See all articles by Belinda Bennett

Belinda Bennett

The University of Sydney Law School

Terry Carney AO

The University of Sydney Law School

Richard Bailey

The University of Sydney Law School

Date Written: June 17, 2013

Abstract

Under the International Health Regulations 2005 Australia is obliged to develop a domestic framework designed to equip it to respond to public health emergencies. The legislative arrangements for the declaration of a public health emergency in Australia are complex, vary across state jurisdictions and intersect with other emergency powers. The task of harmonising laws and other arrangements within a federal system poses both a challenge and opportunities for flexibility and choice. This article argues that Australia’s current multi-strand and multi-level response provides a coordinated framework which also accommodates desirable levels of flexibility and choice.

Keywords: pandemic planning, public health emergencies, international health regulations, emergency powers, federalism

JEL Classification: K10, K30

Suggested Citation

Bennett, Belinda and Carney AO, Terry and Bailey, Richard, Emergency Powers & Pandemics: Federalism and the Management of Public Health Emergencies in Australia (June 17, 2013). University of Tasmania Law Review, Vol. 31, No. 1, pp. 37-57, 2012, Available at SSRN: https://ssrn.com/abstract=2280228

Belinda Bennett

The University of Sydney Law School ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

Terry Carney AO (Contact Author)

The University of Sydney Law School ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

Richard Bailey

The University of Sydney Law School ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

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