Pandemic Planning as Risk Management: How Fared the Australian Federation?

38 Pages Posted: 26 Aug 2013 Last revised: 12 Sep 2013

See all articles by Terry Carney AO

Terry Carney AO

The University of Sydney Law School

Richard Bailey

The University of Sydney Law School

Belinda Bennett

The University of Sydney Law School

Date Written: August 1, 2013

Abstract

The role of law in managing public health challenges such as influenza pandemics poses special challenges. This article reviews Australian plans in the context of the H1N1 09 experience to assess whether risk management was facilitated or inhibited by the “number” of levels or phases of management, the degree of prescriptive detail for particular phases, the number of plans, the clarity of the relationship between them, and the role of the media. Despite differences in the content and form of the plans at the time of the H1N1 09 emerging pandemic, the article argues that in practice, the plans proved to be responsive and robust bases for managing pandemic risks. It is suggested that this was because the plans proved to be frameworks for coordination rather than prescriptive straightjackets, to be only one component of the regulatory response, and to offer the varied tool box of possible responses, as called for by the theory of responsive regulation. Consistent with the principle of subsidiarity it is argued that the plans did not inhibit localised responses such as selective school closures or rapid responses to selected populations such as “cruise ship” passengers.

Keywords: pandemic planning, risk management, responsive regulation, harmonisation and diversity, law and policy

JEL Classification: K10, K30

Suggested Citation

Carney AO, Terry and Bailey, Richard and Bennett, Belinda, Pandemic Planning as Risk Management: How Fared the Australian Federation? (August 1, 2013). Journal of Law and Medicine, Vol. 19, No. 3, pp. 550-568, 2012, Available at SSRN: https://ssrn.com/abstract=2315890

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

Belinda Bennett

The University of Sydney Law School ( email )

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

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