Australian Health Management Plan for Pandemic Influenza

5.1 National legislative powers

Commonwealth quarantine legislation, and state and territory public health and emergency response laws, provide a legislative framework to underpin actions that may be required to respond to a pandemic.

Quarantine Act 1908

The objectives of quarantine activities, and the Quarantine Act 1908, are to prevent the introduction of specified diseases into Australia and prevent the spread of such diseases within Australia. Highly Pathogenic Avian Influenza in Humans (HPAIH) is a disease that is subject to quarantine controls under the Quarantine Act 1908. Due to the inclusion of HPAIH in the list of diseases subject to quarantine, people reasonably suspected to have these diseases can be ordered to comply with a range of control activities. These include observation, examination, detention, segregation and isolation of people.

The Australian Government Minister for Health and Ageing and the Australian Government Minister for Agriculture, Fisheries and Forestry share responsibility for quarantine measures and administration of the Quarantine Act 1908. The Australian Quarantine and Inspection Service (AQIS) have primary responsibility for the implementation of the Act at Australia’s borders. AQIS administers the human quarantine provisions on behalf of the DoHA.

Emergency powers

The Governor-General can also make a proclamation under the Quarantine Act 1908 to authorise actions to respond to an epidemic or the danger of an epidemic, and to allow the Australian Government Minister for Health and Ageing to invoke emergency powers to take action to remove or respond to this threat. These powers could be applied to respond to an influenza pandemic.

National Health Security Act 2007

The National Health Security Act 2007 (NHS Act) provides for the exchange of public health surveillance information (including personal information) between the Commonwealth and the states and territories and, where relevant, the WHO. The legislation enhances the early identification of, and timely responses to, public health events of national or international significance, such as an influenza pandemic.

The National Health Security Agreement has been signed by the Commonwealth, states and territories to support the practical operation of the NHS Act. It formalises decision-making and coordinated response arrangements that have been refined in recent years to prepare for health emergencies such as an influenza pandemic.

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This information is current for 03 September, 2010
This information was issued on 05 December, 2008