What is a state of disaster? And what authority? will it give Starting at 6 p.m. on Sunday ,2 August, the state of disaster was declared throughout the state for a period of one month. How is this different from the previous state of emergency? What authority does it give Andrews government?
Starting at 6 p.m. on Sunday ,2 August, a state of disaster was declared throughout the state for a period of one month. How is this different from the previous state of emergency? What authority does it give Andrews government?
What is the difference between a state of emergency and a state of disaster?
Vizhou entered a state of emergency on 16 March 2020, under the Public Health and Welfare Act 2008(Public Health and Wellbeing Act 2008), which can be implemented when there is a risk of serious threat to public health.
The bill gives the chief health officer a wide range of authority, including segregation of personnel, prohibition of large-scale rally and other restrictions on the movement of persons authority. The bill also gives a wide range of authority, to take any other necessary instructions to protect public health.
Disaster states deal with issues other than public health. It is designed to deal with emergencies such as natural disaster 、explosion 、terrorism or sieges, but it can also be used to deal with plagues or epidemics.
A state of disaster was introduced during the Virginia Mountain Fire in January 2020, but was limited to specific areas at risk due to the spread of the mountain fire, initially for seven days, and later for a short period of time. But this time the whole state of Victoria declared a state of disaster, lasting up to a month. If an emergency persists after a month, government may extend the duration of the disaster state.
The Emergency Management Act ,1986(Emergency Management Act 1986) allows the Governor of Virginia to announce such a decision after considering the recommendations of the Police and Emergency minister and the Emergency Management Commissioner. A decision must satisfy the conditions in which an emergency "constitutes a significant and widespread threat" of life or property in the State of Victoria.
How authority? will a state of disaster give
When a state of disaster is declared, the police minister have the responsibility to direct and coordinate the activities of all government agencies and to allocate government resources to respond to the disaster as needed.
minister can instruct government agencies to take or not take special ways to respond to disasters, which goes beyond any contrary provision in state law. One of minister highest authority is that, beyond legislation. centuries, both Australia and the United Kingdom have accepted government have not been able to suspend or waive the law provided for in the Act.
Under such conditions, however, the Act gives minister the rights. to declare suspension of the full or partial implementation of a bill or legislation instrument in a state of disaste
Rest assured that there are strict restrictions on this authority ——minister which can be exercised only if it is considered that compliance by a government body with the provisions of a bill or instrument on its duties or obligations would impede the response to a disaster, and also has the right to control the movement of people or access to the affected area (i.e. the whole state) or any area.
What are the other effects of declaring a state of disaster?
A royal commission investigating the 2009 black saturday mountain fire disaster in vizhou criticized government for failing to declare a state of disaster. According to the Royal Commission, in addition to the mandatory authority imposed by this state of affairs, it will "symbolically recognize the gravity of the situation" and could enhance the focus of emergency services. They can also give political leader a grip on emergencies, reassure the public and ensure that government value them.
At present in Virginia, there is no doubt that emergency services focus on this, government also attach great importance to it. However, declaring a state of disaster would effectively convey a message to the public that it was absolutely necessary to follow government instructions during the pandemic. Hence, the symbolic significance of this action may be as important as the authority given.
How does a state of emergency match a state of disaster?
Article 198(Section 198of the Public Health and Wellbeing Act) of the Public Health and Welfare Act provides that a declaration of a state of emergency does not derogate from or limit the provisions of any other act relating to a declaration of a state of emergency.
There seems to be an intention to exercise, in a cooperative and coordinated manner, the authority, entrusted to the population in relation to states of emergency and disaster to ensure government comprehensive response to emergencies. And this is mobilizing all government firepower to fight the epidemic.
(Author is Professor of constitution at the University of Sydney Anne Twomey, This article is compiled and published under the Knowledge Sharing License Agreement, or partially deleted)
