Appendix 2 | Background information on ECEC and school closures during the pandemic in Australia The NSW Government did not direct ECEC services to close, unless under directions issues by NSW Health.70 (iv) Northern Territory The Minister for Health declared a public health emergency for the whole of the Northern Territory (NT) under the Public and Environmental Health Act 2011 (NT) in response to COVID19.71 The declaration gave powers to the Chief Health Officer to take action and give directions necessary to alleviate the public health risk posed to the community by COVID-19. In addition to the declaration of a public health emergency, other declarations included border closures and importantly exclusion zones to help prevent the spread of COVID-19 to Indigenous communities.72 (v) Queensland Queensland was the first to declare a public health emergency on 29 January 2020 pursuant to the Public Health Act 2005 (Qld). The legislation was strengthened by the Public Health (Declared Public Health Emergencies) Amendment Act 2020 (Qld) on 6 February 2020.73 The amended legislation gave the Queensland Chief Health Officer—rather than the Minister for Health —broad powers to assist in containing or responding to the spread of COVID-19 in the community. On 18 March 2022, the declared public health emergency for COVID-19 was extended to 24 June 2022.74 All ECEC services that closed did so based on their own choice unless directed to by Queensland Health under a health direction.75 54 | (vi) South Australia The State Coordinator for SA declared a ‘Major Emergency’ pursuant to section 23(1) of the Emergency Management Act 2004 (SA) on 22 March 2020.76 It gave the State Coordinator (and Authorised Officers) broad powers to manage and co-ordinate the response to, and recovery from, the outbreak of COVID-19 within SA. The Governor can extend the Emergency Declaration for a period of 28 days. This occurred during 2020 to 2022 and was recently extended for a further period from 2 April 2022 for 28 days.77 A Public Health Emergency can also be declared under the South Australian Public Health Act 2011 (SA). (vii) Tasmania The Public Health Act 1997 (Tas) authorised the Director of Public Health to declare a public health emergency. On 17 March 2020, the Director of Public Health declared a public health emergency for Tasmania, and on 19 March, the Premier declared a ‘State of Emergency’ pursuant to the Emergency Act 2006 (Tas).78 Since then the public health emergency declaration was extended multiple times. A further extension of the declaration was declared until 30 June 2022.79 (viii) Victoria On 16 March 2020, the Victorian Government declared a ‘State of Emergency’ under the Public Health and Wellbeing Act 2008 (Vic) for 4 weeks to strengthen measures to ‘flatten the curve’ and give the Victorian health system its best chance of managing COVID-19.80 The Public Health and Wellbeing Act 2008 (Vic) sets time limits on the ‘State of Emergency’. The time limit was extended by the Victorian Parliament multiple times over the course of 2020–2021.

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