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.