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Parliamentary Questions


Question Without Notice No. 164 asked in the Legislative Council on 16 March 2022 by Hon Tjorn Sibma

Parliament: 41 Session: 1

CORONAVIRUS — STATE OF EMERGENCY

164. Hon TJORN SIBMA to the Leader of the House representing the Minister for Health:

I refer to the public health state of emergency first declared on 16 March 2020 under the Public Health Act 2016 and perpetually extended thereafter.

(1) Is the declaration contingent or are extensions of the declaration contingent on a declaration of and/or an extension of a state of emergency made under the Emergency Management Act 2005, or can these declarations be made separately?

(2) Can public health state of emergency declarations be made in respect of regions of Western Australia or must they be made in respect of the entire state?

(3) Can the minister please clarify which of the present COVID-19 health directions are enabled because of the public health state of emergency declaration?

(4) What would be the specific public health impact of allowing the present public health state of emergency declaration to expire on 21 March?

Hon SUE ELLERY replied:

I thank the honourable member for some notice of the question.

(1) No. The declarations can be made separately.

(2) A public health state of emergency can be declared in the whole of the state or in any area or areas of the state.

(3) The following directions issued by the Chief Health Officer are currently in force under the public health state of emergency declaration.

President, over 30 health directions are listed in part (3).

I seek leave to have the response incorporated into Hansard.

[Leave granted for the following material to be incorporated.]

a.� Booster Vaccination (Restrictions on Access) Directions (No 2)

b.� Rapid Antigen Test (Restrictions on Sale and Supply) Directions (No 2)

c.� Mental Health Infection Control Directions (No 4)

d.� Visitors to Residential Aged Care Facilities Directions (No 10)

e.� COVID Testing Reporting Directions (No 2)

f.� Prohibition on the Use of Point of Care Serology Tests Directions (No 2)

g.� Prohibition on the Use of Nebuliser Machine Directions (No 3)

h.� Wastewater COVID Testing at WA Laboratories Reporting Directions (No 2)

i.� Wastewater COVID Testing at Laboratories Outside of WA Reporting Directions (No 2)

j.� Chief Health Officer Approved Form of Evidence of Covid-19 Vaccination Under Each of the Restrictions on Access Directions Given Under the Public Health Act 2016 (WA) In Respect of Covid-19

k.� Air Services and Border Worker (Restrictions on Access) Directions (No 3)

l.� Building and Construction Industry Worker (Restrictions on Access) Directions (No 3)

m. Community Care Services Worker (Restrictions on Access) Directions (No 3)

n.� Court and Tribunal Worker (Restrictions on Access) Directions

o.� Critical Businesses Worker (Restrictions on Access) Directions (No 2)

p.� Critical Government Regulator (Restrictions on Access) Directions (No 2)

q.� Critical Infrastructure Worker (Restrictions on Access) Directions

r.� Education Worker (Restrictions on Access) Directions (No 5)

s.� Fire and Emergency Services Worker (Restrictions on Access) Directions (No 3)

t.� Health Worker (Restrictions on Access) Directions (No 4)

u.� Leavers Event Area (Restrictions on Access) Directions (No 2)

v.� Meat Industry Worker (Restrictions on Access) Directions (No 2)

w. Ministerial Staff Member (Restrictions on Access) Directions (No 2)

x.� Parliamentary Employee (Restrictions on Access) Directions

y.� Port Worker and Exposed Port Worker (Restrictions on Access) Directions (No 2)

z.� Primary Health Care Worker (Restrictions on Access) Directions (No 2)

aa. Public and Commercial Transport Workers (Restrictions on Access) Directions (No 2)

bb. Remote Aboriginal Community Worker (Restrictions on Access) Directions

cc. Residential Aged Care Facility Worker Access Directions (No 5)

dd. Resources Industry Worker (Restrictions on Access) Directions (No 3)

ee. Correctional Facility Entrant (Restrictions on Access) Directions

ff.� WA Police Force Worker (Restrictions on Access) Directions

gg. WA Police Mission Critical Areas (Restrictions on Access) Directions (No 3)

 

(4) The expiry of the public health state of emergency would result in all directions issued under the Public Health Act expiring, as would any exercise of emergency powers under the act, including the control of the current quarantine hotels. Authorisations by the Chief Health Officer in relation to administering and supplying or prescribing poisons would also expire. This would have a severe impact on the ability of vaccination clinics to continue to operate.