South Australian Current Acts South Australian Current Acts90—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 .
(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.
(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;
(c)
dismiss the matter;
(d) make
any consequential or ancillary order or direction, or impose any conditions,
that it considers appropriate.
(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.