(a) The COVID-19 pandemic in Australia and its effect on schools The World Health Organization declared a Public Health Emergency of International Concern on 30 January 2020, and on 11 March 2020 it made the assessment that COVID-19 could be characterised as a pandemic.30 Australia’s first case of COVID-19 was recorded by Victorian authorities on 25 January 2020. Together, these announcements, set in motion national coordination arrangements to combat the spread of the virus. Australia’s federal, state and territory health agencies began meeting daily as did the Australian Health Protection Principal Committee (AHPPC) to provide governments with up-todate advice on the pandemic. In early March, the Australian Government commissioned the National Coordination Mechanism to coordinate engagement with non-health sectors including transport, police, public safety and education. The National Cabinet, comprising the Prime Minister, state Premiers, and territory Chief Ministers, was established as a crisis cabinet on 13 March 2020. The AHPPC and the National Coordination Mechanism were tasked with advising the National Cabinet, which aimed to provide a coordinated response to COVID-19 across the states and territories. The National Cabinet made decisions to guide the emergency. The states and territories remained responsible for implementing the decisions utilising their respective Public Health Acts and Emergency Management Acts.31 All states and territories, except NSW, declared a public health emergency under their respective Public Health Acts. Additionally, Tasmania, WA and South Australia (SA) declared a state of emergency under their respective Emergency Management Acts, conferring special powers on police and non-health officials. NSW used the general powers provided by the Public Health Act 2010 (NSW). Victoria subsequently declared a state of disaster on 2 August 2020 giving police greater powers to enforce public health directions.32 As the pandemic unfolded, the AHPPC advised against the pre-emptive closure of schools and ECEC as there was limited information on the contribution of children to COVID-19 transmission.33 However, the states and territories were more risk-averse and enacted more comprehensive measures, including school closures, to prevent the spread of infection and to reduce the prospect of overwhelmed public hospitals.34 The COVID-19 pandemic significantly affected education across the globe, reducing student learning.35 The CRC Committee issued a statement warning of the grave physical, emotional and psychological effect of the COVID-19 pandemic on children and called on States to protect the rights of children.36 The statement sets out 11 measures that it calls on States to implement, many of which are relevant to ECEC and school closures. Safeguarding Children: Using a child rights impact assessment to improve our laws and policies | 43

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