Victorian Current Acts

PUBLIC HEALTH AND WELLBEING ACT 2008 - SECT 165AK

    (1)     A pandemic order may be expressed to apply to the following—

        (a)     all persons;

        (b)     specified classes of person;

        (c)             specified persons.

    (2)     A pandemic order must not be expressed to apply to a single named individual.

    (3)     Without limiting subsection (1), a pandemic order may apply to, differentiate between or vary in its application to persons or classes of person identified by one or more of the following, if such application, differentiation or variation is relevant to the serious risk to public health posed by the disease specified in the pandemic declaration to which the pandemic order relates—

        (a)     their presence in a pandemic management area or in a particular location in a pandemic management area;

        (b)     their participation in or presence at an event;

        (c)     an activity that they have undertaken or are undertaking;

        (d)     their characteristics, attributes or circumstances.

Examples

A pandemic order might—

(a)         differentiate between persons or classes of person on the basis of their vaccination status in relation to a pandemic disease or a disease of pandemic potential, by restricting persons who are unvaccinated from engaging in specified activities unless they are exempt from vaccination;

(b)     differentiate between persons or classes of person on the basis of age, if age is relevant to the risks to health posed by a pandemic disease or a disease of pandemic potential. For example, a pandemic order might limit the ability of persons or classes of person to receive visitors at, or to move within, residential care facilities.

Note

The Minister may only make a pandemic order that the Minister believes is reasonably necessary to protect public health—see section 165AI.

Further, the Charter of Human Rights and Responsibilities applies to subordinate instruments under this Part. Section 165AP(2)(c) and (d) have the effect that when the Minister makes, varies or extends a pandemic order that applies to, differentiates between or varies in its application to persons or classes of person identified by reference to a matter specified in this subsection, the Minister must publish an explanation of whether, in the Minister's opinion, the order does, or does not, limit any human right set out in the Charter of Human Rights and Responsibilities, and an explanation of any limitations identified.

S. 165AL inserted by No. 53/2021 s. 12.