Page 1706 - Week 06 - Tuesday, 7 June 2022
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workload and abuse of process we will not be supporting the opposition’s amendment to also include an external decision review for these exemptions. This is a matter of practicality as well as recognising the very significant safeguards that are already built into the bill, including the human rights considerations required to be taken into account in making exemption guidelines.
The bill requires that a COVID-19 management direction include a statement about the nature of the risk presented by COVID-19 and the grounds on which the direction is necessary to prevent or alleviate the risk. The executive minister and Chief Health Officer may only make a direction if they are satisfied it is necessary to prevent or alleviate the risk presented by COVID-19, and they must present and publicly release the public health advice to support such measures. It will also be a requirement for the executive minister and Chief Health Officer to consult with the Human Rights Commission before making a direction unless there is an urgent need to make a direction, in which case consultation with the Human Rights Commission must occur as soon as practicable afterwards.
The bill also sets out requirements for the making of exemption guidelines. Exemption guidelines will provide a further degree of transparency on how exemptions decisions are made and reviewed. The bill provides that guidelines are notifiable instruments, and consultation must be undertaken with the Human Rights Commission to ensure the guidelines are consistent with human rights. Division 6C.6 of the bill details the process for a person to seek an exemption or an internal review of certain decisions made in relation to an exemption application.
The government will move an amendment to include the Director-General of the ACT Health Directorate in the definition of “relevant decision-maker” as the decision-maker in determining an application to exempt a person from a vaccination direction. The government amendment resulted from government amendment 22, which introduced internal review rights for an exemption decision under the vaccination direction. If a person is not satisfied with the outcomes of an internal review, in certain circumstances the person will be able to seek a review by an independent external reviewer. The types of decisions where an external review may be sought are in relation to ministerial direction to prevent or limit entry into the ACT on medical or compassionate grounds and a Chief Health Officer direction involving a requirement to segregate or isolate. External review is an additional safeguard against unintended consequences impacting on a person’s interests and wellbeing.
The government will also move an amendment to include a new section 118ZCA, which empowers the minister and Chief Health Officer to make a standing exemption. The ability to issue a standing exemption throughout the COVID-19 public health emergency in response to a particular direction has been an important measure to provide a flexible and responsive approach to our management of COVID-19. It is anticipated that the ability to enact a standing exemption will be critical should the COVID-19 situation escalate in the ACT.
The ACT government acknowledges that the bill promotes, engages and limits a range of human rights under the Human Rights Act 2004. The government consulted with the Human Rights Commissioner in the drafting of the bill and the proposed
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