Part 11Management of significant emergencies

Part 11—Management of significant emergencies 85—Principles The principles set out in section 14 have particular application to this Part. 86—Public health incidents (1) If it appears to the Chief Executive that the nature or scale of an emergency that has occurred, is occurring or is about to occur, is such that it should be declared to be a public health incident, the Chief Executive may, with the approval of the Minister, declare the emergency to be a public health incident. (2) A declaration under this section— (a) may be made orally (but if made orally must, as soon as is reasonably practicable, be reduced to writing and a copy provided to the Minister); and (b) subject to this section, remains in force while response operations are being carried out in relation to the emergency (but not for a period exceeding 12 hours). (3) The Chief Executive may, at any time, revoke a declaration under this section. 87—Public health emergencies (1) If it appears to the Chief Executive that an emergency has occurred, is occurring or is about to occur, the Chief Executive may, with the approval of the Minister, declare the emergency to be a public health emergency (whether or not the emergency has previously been declared to be a public health incident under section 86). (2) A declaration under this section— (a) must be in writing and published in a manner and form determined by the Minister; and (b) remains in force for a period specified in the declaration (which must not exceed 14 days) and for such further periods (which may be of any length) as may be approved by the Governor. (3) The Chief Executive may, at any time, revoke a declaration under this section. 88—Making and revocation of declarations (1) The Public Health Emergency Management Plan may contain guidelines setting out circumstances in which an emergency should be declared to be a public health incident or to be a public health emergency. (2) Before making a declaration under this Part, the Chief Executive must consult with— (a) the Chief Public Health Officer; and (b) the State Co‑ordinator. (3) The Chief Executive must revoke a declaration under this Part at the request of the State Co‑ordinator. 89—Powers and functions of Chief Executive (1) On the declaration of a public health incident or public health emergency, and while that declaration remains in force, the Chief Executive must take any necessary action to implement the Public Health Emergency Management Plan and cause such response and recovery operations to be carried out as he or she thinks appropriate. (2) The Chief Executive must provide information relating to a public health incident or public health emergency to the State Co‑ordinator in accordance with any requirements of the State Co‑ordinator. 90—Application of Emergency Management Act (1) On the declaration of a public health incident or public health emergency, the following provisions of the Emergency Management Act 2004 apply in relation to the emergency as if those provisions formed part of this Act but subject to the modifications specified in subsection (2) and any other prescribed modifications: (a) Part 4 Division 4 (Powers that may be exercised in relation to declared emergencies) except section 25(1) and (2)(n); (b) Part 4 Division 5 (Recovery operations); (c) Part 5 (Offences); (d) Part 6 (Miscellaneous) except sections 37 and 38; (e) definitions in section 3 of terms used in the above provisions. (2) The provisions of the Emergency Management Act 2004 applied under subsection (1) are modified as follows: (a) a reference to the Minister is to be read as a reference to the Minister responsible for the administration of this Act; (b) a reference to the State Co‑ordinator is to be read as a reference to the Chief Executive; (c) a reference to an authorised officer is to be read as a reference to an emergency officer; (d) a reference to the State Emergency Management Plan is to be read as a reference to the Public Health Emergency Management Plan; (e) a reference to an identified major incident is to be read as a reference to a public health incident; (f) a reference to a major emergency is to be read as a reference to a public health emergency; (g) a reference to a declaration is to be read as a reference to a declaration under this Part; (h) a reference to this Act (meaning the Emergency Management Act 2004) is to be read as a reference to this Part; (i) a reference to section 25(1) of the Emergency Management Act 2004 is to be read as a reference to section 89(1) of this Act; (j) section 25(2)(m) is to be read as if it did not include the words in brackets. (3) An authorised officer may only exercise a power of direction under section 25(2) of the Emergency Management Act 2004 applied under subsection (1)— (a) that the person be isolated or segregated from other persons; or (b) that the person must remain in a particular place, if— (c) there is no cause, or no reasonable cause, to act under Part 10 or under the Mental Health Act 2009; or (d) there are significant public health advantages in acting under the Emergency Management Act 2004 as applied under this section rather than under Part 10 or under the Mental Health Act 2009. (4) If— (a) a person is subject to a direction under section 25(2) of the Emergency Management Act 2004 applied under subsection (1)— (i) that the person be isolated or segregated from other persons; or (ii) that the person remain in a particular place; and (b) an authorised officer is satisfied that the person is no longer an immediate risk to public health, or is no longer at risk on account of a public health incident or public health emergency, (as the case requires), the direction must be revoked in relation to the person. (5) If— (a) a person is subject to a direction, or a series of directions, under section 25(2) of the Emergency Management Act 2004 applied under subsection (1)— (i) that the person be isolated or segregated from other persons; or (ii) that the person must remain in a particular place; and (b) the direction has effect, or the directions together have effect, for a period exceeding 24 hours, the person may apply to the Magistrates Court for a review of the direction or directions. (6) An application under subsection (5) may be instituted at any time during the currency of a direction (and, subject to subsection (7), more than 1 application may be made while a direction is in force). (7) If a second or subsequent application is made with respect to the same direction or directions, the Magistrates Court must first consider whether there has been a significant change in the material circumstances of the case and should, unless the Magistrates Court in its discretion determines otherwise, decline to proceed with the application (if it appears that the proceedings would simply result in a rehearing of the matter without such a change in circumstances). (8) The following provisions will apply in connection with an application under subsection (5): (a) the making of an application does not suspend the operation of a direction to which the application relates (and the Magistrates Court must not suspend or stay the operation of the direction pending the outcome of the proceedings); (b) the Magistrates Court must consider whether 2 or more applications by separate individuals may be joined or heard together taking into account: (i) the extent to which it is impractical or unreasonable for individual applications to be heard separately in view of the number of applications before the court; and (ii) the extent to which there are questions of fact or law that are sufficiently similar or common across a series of applications; and (iii) the extent to which the directions across a series of applications are the same or similar; and (iv) such other matters as the court thinks fit in order to best manage the applications in the circumstances of the emergency; (c) the Chief Magistrate may make such orders as the Chief Magistrate thinks fit (either in a specific case, in a specific class of cases, or generally with respect to applications under subsection (5)) to assist in dealing with the management and hearing of applications under subsection (5) (and any such order will have effect according to its terms). (9) Subject to complying with subsection (7), the Magistrates Court may, on hearing an application under subsection (5)— (a) confirm, vary or revoke a direction; (b) remit the subject matter to the person who gave a direction for further consideration; (10) The Magistrates Court may only revoke a direction under subsection (9) if satisfied that the direction is no longer reasonably necessary in the interests of public health. (11) The Magistrates Court is to hear and determine an application under subsection (5) as soon as is reasonably practicable. (12) A party to proceedings on an application under subsection (5) may appeal against a decision of the Magistrates Court under subsection (9). (13) An appeal under subsection (12) will be to the District Court. (14) The following provisions will apply in connection with an appeal under subsection (12): (a) the making of the appeal does not suspend the operation of a direction that has been confirmed by the Magistrates Court and the District Court may, as it thinks fit, make any other order with respect to the operation of any other direction that has been varied or revoked by the Magistrates Court (including, if the District Court thinks fit, to reinstate or vary an original direction on an interim basis pending the outcome of the appeal); (b) the District Court must consider whether 2 or more appeals by separate individuals may be joined or heard together taking into account: (i) the extent to which it is impracticable or unreasonable for individual appeals to be heard separately in view of the number of appeals before the court; and (ii) the extent to which there are common questions or issues across a series of appeals; and (iii) such other matters as the court thinks fit in order to best manage the appeals in the circumstances of the emergency; (c) the Chief Judge may make such orders as the Chief Judge thinks fit to assist in dealing with the management and hearing of appeals under subsection (12) (and any such order will have effect according to its terms). (15) The District Court may, on an appeal under subsection (12)— (a) confirm or vary the decision of the Magistrates Court, or substitute its own decision; (b) make any consequential or ancillary order or direction that it considers appropriate. (16) The District Court is to hear and determine an appeal under subsection (12) as soon as is reasonably practicable. (17) An appeal under subsection (12) will be heard in the Administrative and Disciplinary Division of the District Court (but will not be subject to the application of Subdivision 2 of Part 6 Division 2 of the District Court Act 1991). (18) A person subject to a direction who is a party to proceedings before a court under this section is not entitled to attend those proceedings but is entitled to be represented at any hearing by a person (who need not be a legal practitioner) nominated by him or her. (19) A court must, in dealing with proceedings under this section, take into account the need to ensure that its proceedings do not unduly hamper the work of public officials in dealing with an emergency. (20) In this section— Magistrates Court means the Magistrates Court of South Australia.