Appendix 2 | Background information on ECEC and school closures during the pandemic in Australia (i) Federal In Australia, under the Biosecurity Act 2015 (Cth), a human biosecurity emergency can be declared where it is reasonably necessary to prevent or control a disease posing a severe and immediate threat of harm. On the 18 March 2020, the Governor-General declared a ‘human biosecurity emergency’ across Australia that conferred extraordinary powers on the Minister for Health to issue targeted, legally enforceable directions and requirements to combat COVID-19.64 At the federal level, the Parliamentary Joint Committee on Human Rights, established in 2012, examines all bills and legislative instruments for compatibility with human rights, and reports to both Houses of Parliament on its findings. During COVID-19 lockdowns, the Committee continued to meet and report to the Parliament and paid particular attention to scrutinising laws relating to the COVID-19 response. The Committee noted that Australia’s human rights obligations require it to take effective measures to protect the rights to life and health, meaning measures to protect Australians from the spread of COVID-19. Human Rights Compatibility statements were made on amendments to the Family Assistance Legislation Amendment (Child Care Subsidy) Act 2021 (Cth), Family Assistance Legislation Amendment (Child Care Subsidy) Act 2021 (Cth), Family Assistance Legislation Amendment (Early Childhood Education and Care Coronavirus Response and Other Measures) Act 2021 (Cth), Coronavirus Economic Response Package Omnibus (Measures No. 2) Act 2020 (Cth) Schedule 4, Coronavirus Economic Response Package Omnibus Act 2020 (Cth) Schedule 9, Family Assistance Legislation Amendment (Building on the Child Care Package) 2019 (Cth).65 These statements are found in the explanatory memorandums for the legislation. The federal government was not involved in the development or implementation of any legislation that had been used in closing schools or ECEC services.66 (ii) Australian Capital Territory The ACT Government declared a public health emergency pursuant to the Public Health Act 1997 (ACT) on 16 March 2020.67 This provided the Chief Health Officer with additional powers to do what is necessary to contain the spread of COVID-19. When making public health emergency directions, the Chief Health Officer considered the impact of the measures on human rights. On 12 May 2022, the seventh public health emergency direction on restricted activities was extended to the end of the pandemic. The decision to close schools was strongly informed by the public health advice both at a national level and in the context of the COVID-19 situation in the ACT. The ACT Government also relied upon the Education Act 2004 (ACT), Education and Care Services National Law Act 2011 (ACT), the Public Health Declarations under the Public Health Act 1997 (ACT) and the Education and Case Service National Regulations to support the closure of schools.68 (iii) New South Wales The NSW Government has the power to deal with public health risks under the Public Health Act 2010 (NSW). A ‘State of Emergency’ does not need to be declared to use these powers. A series of public health orders were issued by the Minister for Health under section 7 of the Public Health Act 2010 (NSW) in response to COVID-19.69 Orders made under the public health powers expire after 90 days unless they are withdrawn or made to expire sooner. Safeguarding Children: Using a child rights impact assessment to improve our laws and policies | 53