Emergency Powers in Australia

Lee, Hoong Phun; Adams, Michael W. R.; Campbell, Colin D.; Emerton, Patrick

doi:10.1017/9781316711125

Cited by 3 publications

(6 citation statements)

References 56 publications

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“…When faced with a grave threat, governmental authorities can access a range of policy tools in the form of extraordinary legal powers to protect the state and its citizenry commensurate with the nature and severity of the danger (Lee et al, 2018, p. 3). While some countries' constitutions provide for the exercise of emergency powers, others have no constitutional provisions and emergency powers are within ordinary legislation.…”

Section: Emergency Declaration Lawmentioning

confidence: 99%

“…This paper focuses, therefore, on states and territories, although some recent developments in Commonwealth legislation are addressed in the discussion. Australian states use the legislative model of dealing with emergencies, with emergency powers contained in ordinary legislation (Lee et al, 2018, p. 7).…”

Section: Emergency Declaration Lawmentioning

confidence: 99%

“…Originally, legislation for emergency powers in Australian jurisdictions enabled the Governor 1 to proclaim a state of emergency and grant broad special powers to ministers or other government officials. This was largely modelled on the United Kingdom's Emergency Powers Act 1920 (Lee et al, 2018, pp. 179–180).…”

Section: Emergency Declaration Lawmentioning

confidence: 99%

“…156–217). Over time, this has evolved to the point where the exercise of emergency power is largely automated, but the provision for declaration of an emergency and the activation of broad special powers remains (Lee et al, 2018, p. 182). In addition to this more broad emergency legislation, there are also a range of legislation that confers emergency powers to address specific types of emergencies, including public health emergencies (Lee et al, 2018, p. 170).…”

Section: Emergency Declaration Lawmentioning

confidence: 99%

See 3 more Smart Citations

Evidence of policy learning in emergency declarations as communication tools in Australia

Beccari

2023

Disasters

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Emergency declarations are important legal tools for the state to protect itself and its citizens during times of crisis. Such declarations permit the exercise of extraordinary powers to address an emergency or disaster. They present an opportunity to explore policy learning in crises, through the ability to examine emergency declaration instruments and the detail of post‐emergency inquiries and reviews. This paper briefly assesses Australian law that provides for emergency declarations and places it in the context of theories of policy learning and change. Two case studies reveal evidence of policy learning in emergency declaration practice in Australia. There is an emerging practice of using declarations primarily or purely as tools to communicate the seriousness of an emergency. This policy learning has occurred both within and between jurisdictions, including the federal government. This paper also probes opportunities for future research on policy learning and emergency legislation, especially in relation to the COVID‐19 pandemic.

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Section: Emergency Declaration Lawmentioning

confidence: 99%

Section: Emergency Declaration Lawmentioning

confidence: 99%

Section: Emergency Declaration Lawmentioning

confidence: 99%

Section: Emergency Declaration Lawmentioning

confidence: 99%

See 2 more Smart Citations

Evidence of policy learning in emergency declarations as communication tools in Australia

Beccari

2023

Disasters

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“…The Commonwealth government’s authority in regard to emergency management and public health derives from its enumerated power over ‘quarantine’ (s. 51ix). Using that and other provisions, the Biosecurity Act 2015 “purport[s] to give” the Commonwealth sweeping control powers ( Lee et al 2018 ). However—and this has been crucial to the dynamics in the Australian case—those are sweeping powers to close things down, not to open things back up.…”

Section: Australiamentioning

confidence: 99%

Explaining Intergovernmental Conflict in the COVID-19 Crisis: The United States, Canada, and Australia

Lecours

Béland

Fenna

et al. 2021

Publius: The Journal of Federalism

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The Covid-19 pandemic produced more significant immediate intergovernmental conflict in the U.S. than in Australia and Canada. This article considers three variables for this cross-national divergence: presidentialism versus parliamentarism; vertical party integration; and strength of intergovernmental arrangements. We find that the U.S. presidential system, contrary to parliamentarism in Canada and Australia, provided an opportunity for a populist outsider skeptical of experts to win the presidency and pursue a personalized style that favored intergovernmental conflict in times of crisis. Then, the intergovernmental conflict-inducing effect of the Trump presidency during the pandemic was compounded by the vertical integration of political parties, which provided incentives for the President to criticize Democratic governors and vice-versa. Third, the virtual absence of any structure for intergovernmental relations in the United States meant that, unlike Australian states and Canadian provinces, American states struggled to get the federal government’s attention and publicly deplored its lack of leadership.

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The revival of Australian federalism? Trends and developments in Commonwealth–state relations

Fenna¹

2023

Dilemmas in Public Management in Greater China and Australia: Rising Tensions but Common Challenges

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This chapter reviews developments in Australian federalism since the start of the new millennium, situating them in the context of longer-term trends and tendencies. After rehearsing the chief characteristics of the Australian federal system, it considers the way different issues have shaped the continuing evolution of that system in recent years. Two of those issuesclimate change politics and the COVID-19 pandemic-stand out for the way they seem to have given Australian federalism a new lease on life when centralising forces have otherwise prevailed. The chapter examines the way those challenges have brought the states to the fore and ventures some evaluation of their significance.

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Emergency Powers in Australia

Cited by 3 publications

References 56 publications

Evidence of policy learning in emergency declarations as communication tools in Australia

Evidence of policy learning in emergency declarations as communication tools in Australia

Explaining Intergovernmental Conflict in the COVID-19 Crisis: The United States, Canada, and Australia

The revival of Australian federalism? Trends and developments in Commonwealth–state relations

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