The West Australian Labor Party will introduce a Bill into State Parliament to amend the Emergency Management Act 2005 to allow for the ongoing management of COVID-19 beyond a State of Emergency.

The Bill will enable the State Emergency Coordinator to make a temporary ‘COVID-19 declaration’ to continue managing the pandemic with sensible measures such as mask wearing and isolation requirements.

WA Labor Premier Mark McGowan

The new framework is fit for purpose and allows for the COVID-19 measures that have kept Western Australia safe and strong during its world-leading response to the pandemic.

A ‘Temporary COVID-19 Declaration’ can only be made if the State Emergency Coordinator is satisfied that COVID-19 poses a risk to the safety of the community, such that it requires a co-ordinated response to prevent loss of life or harm to the health of the community.

Under the new legislation, which will automatically expire in two years’ time, a ‘Temporary COVID-19 Declaration’ can be made for three-month periods at a time. This framework will replace the current system where State of Emergency declarations must be renewed every two weeks to continue.

Unlike a State of Emergency declaration, a ‘Temporary COVID-19 Declaration’ will not allow for the closure of State borders or require an application to enter Western Australia from any other State or Territory.

“Our management of this once-in-a-hundred-year pandemic has saved lives, reduced hospitalisations and protected our strong economy,” Premier Mark McGowan said.

“All Western Australians have done a tremendous job and followed the necessary directions and public health measures to protect themselves and their community.

“The State of Emergency has served its purpose and was key to our unique world-leading response and management of the pandemic.

“With high vaccination rates and low case numbers, now is the right time to plan for COVID-19 management beyond the State of Emergency.

“This new framework is a sensible approach to keep Western Australians safe and while we hope that we’ve passed the worst of COVID-19, our measures have proved to work and should they need to be reintroduced in future if the situation were to escalate then we’ll do so on health advice.”

Some provisions of the Act put in place in May 2022 include:

This Bill will ensure the Emergency Management Amendment (COVID-19 Response) Act 2020 and the Criminal Code Amendment (COVID-19 Response) Act 2020 can continue to be in place as required, as they have been vital in the State’s successful management of the COVID-19 pandemic.

Under Section 72A of the Emergency Management Act, it makes provisions for a number of directions to be used to manage the pandemic. Some of these directions include:

  • seven day isolation requirements for COVID-19 positive cases;
  • use of face masks for close contacts;
  • measures ensuring cruise ships are managed against strict protocols;
  • restriction of movements in and out of Aboriginal communities – a vulnerable cohort in the COVID-19 pandemic; and
  • use of face masks in specific settings including hospitals, aged care and disability facilities, and other passenger transport settings.
  • The Bill provides better protections for WA Police officers, and also ensures increased penalties for serious assaults and threats against frontline officers and healthcare workers who play a significant part in keeping Western Australians safe, especially during the COVID-19 pandemic.

The penalties of up to 10 years in jail reflect the seriousness of deliberately coughing or spitting on public officers who are trying to help keep the State safe.

The new Bill will provide certainty for those necessary provisions to be utilised as necessary and based on health advice, until January 3, 2023. It does not mean the State of Emergency will remain in place until that time, as it may end earlier.