Christian Porter (Pearce, Liberal Party, Attorney-General) Share this | Link to this | Hansard source

I move:

That this bill be now read a second time.

The National Emergency Declaration Bill will implement recommendation 5.1 of the Royal Commission into National Natural Disaster Arrangements by establishing a legislative framework for declaring national emergencies.

The Royal Commission into National Natural Disaster Arrangements highlighted the limits of the Commonwealth's ability to coordinate a nationally consistent response to emergency events. The royal commission observed early on in its examination of national disasters that Australia is likely to experience more frequent and intense natural disasters, requiring jurisdictions to coordinate strategic decision-making and share resources. The COVID-19 pandemic has similarly tested Australia's existing disaster management arrangements.

The experiences of the Black Summer bushfires and COVID-19 have left an indelible impression on Australians from all walks of life. This government has listened to stories of resilience, patience and courage in the face of disaster. Australians need clarity and decisive, coordinated action that will deliver them the support they need when a nationally significant emergency event occurs.

The Australian community expects and deserves swift and unambiguous action. That is why this government is delivering a unified framework for the use of Commonwealth powers during major emergencies. This bill will unify these emergency powers by establishing a consolidated list which will provide greater visibility to decision-makers of the full range of powers available in a national emergency.

With respect to the national emergency declaration framework, the bill will enable the Governor-General to declare a national emergency on the advice of the Prime Minister.

The bill's framework will be applicable to emergencies that rise to the level of national significance, whether they be disasters caused by humans or natural disasters. In order to seek a declaration, the Prime Minister must be satisfied that the emergency event has caused or is causing or is likely to cause nationally significant harm, where 'nationally significant harm' is defined as harm that has a significant national impact because of its scale or consequences, and that is of a particular kind including, amongst other things, harm to the life of an individual or group of individuals.

The framework will be able to be triggered in respect of emergencies occurring on land or sea (including in Australia's offshore area) or in Australian airspace, and emergencies that are limited to one jurisdiction or that span multiple jurisdictions. This 'all-hazards' approach acknowledges the complexity, scale and significance of the emergency events that Australia may face.

The bill then will establish two pathways for the Prime Minister to request a national emergency declaration. The bill provides a power for the Prime Minister to request the declaration at the request of the relevant state or territory, or combination of states or territories. However, the bill also provides that the Prime Minister has the power to unilaterally request the declaration in limited circumstances. These circumstances are:

This alternative pathway ensures that the Commonwealth can take swift action if a state or territory is incapacitated or overwhelmed by the emergency events in question. This also ensures that affected states and territories can continue to focus their energy on operationalising their response and recovery efforts.

The national emergency declaration will be time limited and may only be in force for a maximum of three months. The bill also enables the declaration to be made for a lesser period, which ensures that the period during which the declaration is in force is proportionate to the purpose for which the declaration is made. The maximum limit of three months in which a declaration can be in force ensures that there is a fixed point in time where the declaration must be evaluated to determine whether it's still required and appropriate.

The bill acknowledges that some nationally significant emergencies and the harms that flow from such emergencies, for instance, the COVID-19 pandemic, may extend beyond three months. In recognition of this the bill provides a mechanism to enable the Governor-General to extend the duration of a national emergency declaration for a further period of up to three months, if the Prime Minister is satisfied that the initial circumstances that justified the making of the declaration continue to exist. The Governor-General may extend a national emergency declaration more than once. However, each extension must be for no more than three months.

The bill will also enable the Governor-General to vary any other aspect of a national emergency declaration if the Prime Minister is satisfied that, in all the circumstances, it is appropriate to do so. This will ensure that the declaration can remain appropriate and adapted to the emergency event if the nature of that event has changed. For instance, it may be necessary to vary the national emergency declaration if the declaration was made in respect of a cyclone that then resulted in flooding and the flooding then resulted in a disease outbreak that required a different emergency response to the initial flood.

Finally, the Governor-General may revoke the national emergency declaration if the Prime Minister is satisfied that, in all the circumstances, it is appropriate to do so. This is an important safeguard and reinforces the principle that a national emergency declaration should not be in force for longer than is necessary in the circumstances.

The making of a national emergency declaration will send a strong, clear message to the Australian community and all levels of government, ensuring we can mobilise our collective resources towards the response and recovery effort effectively and efficiently.

The declaration framework consolidates and streamlines existing Commonwealth emergency powers across the statute book. This will enable ministers and officials to have a complete picture of the powers that they can use to assist with the response and recovery effort. The making of a national emergency declaration will not automatically trigger the operation of these powers—rather, it will enliven the ability for ministers and officials to use an alternative streamlined test to respond to the declared emergency. These alternative tests are provided for in the National Emergency Declaration (Consequential Amendments) Bill 2020.

The bill includes safeguards to ensure that the framework remains effective and appropriate. Given the powers that may be enlivened through the declaration framework, the bill contains a requirement for the relevant minister to report on the exercise of powers and the performance of functions under national emergency laws. This will provide parliament and the Australian community with visibility of the operation of the framework. In addition, the bill contains a requirement for a review to be conducted into the operation of the framework after five years. This will provide an opportunity to assess the effectiveness of the framework and ensure that it is appropriate and adapted to Australia's future needs.

The bill will also create two new emergency powers that will be available where the Governor-General has declared a national emergency.

Power to waive red tape requirements

The first is the power to waive red tape requirements. People in emergency situations obviously do not need red tape. When faced with a nationally significant emergency, people need support, not unnecessary paperwork, to help them get back on their feet.

So the bill will introduce a power for ministers to suspend, vary or substitute red tape requirements in laws that they administer to ensure that Australians affected by a declared national emergency can get the support they need quickly. Once a national emergency declaration is made, this power will enable ministers to suspend, vary or substitute procedural requirements that may be a barrier to people in emergency affected areas accessing payments, benefits or services, such as requirements to produce particular kinds of identification or have their signature witnessed.

Power to compel Commonwealth entities to report on certain information

There is also a power to compel Commonwealth entities to report on certain information. It is paramount to any disaster response and recovery effort that the Australian government has an accurate understanding of the resources at its disposal. The bill therefore provides that where a national emergency declaration has been made, the Prime Minister may require Commonwealth agencies and departments to provide specified information direct to the Prime Minister for the purposes of preparing for, responding to or recovering from an emergency to which the national emergency declaration relates. This may include information on stockpiles of medical or other supplies held by or available to the Commonwealth entity, or assets or other resources held by or available to the Commonwealth entity, or options or recommendations relating to actions that may be taken by the Commonwealth.

The purpose of this power is to ensure that the Commonwealth government can quickly gain an understanding of the resources at its disposal and what could be made available to assist in the response to or recovery from the emergency. It will also ensure that that the need for departments to be able to report on these matters immediately following the declaration of a national emergency is integrated into all national emergency planning and exercise processes.

Conclusion

By way of conclusion, this bill will recognise and enhance the role of the Commonwealth in preparing for, responding to and recovering from emergencies that cause or are likely to cause nationally significant harm.

The bill will ensure that the Australian community is aware of the significance, gravity and nature of a declared emergency event and galvanise support across all levels of government towards the response and recovery effort.

The bill will also provide greater visibility to decision-makers of the full range of powers available in a national emergency. This aspect of the bill will operate in conjunction with the National Emergency Declaration (Consequential Amendments) Bill 2020, which will introduce alternative streamlined tests for the exercise of these powers while a national emergency declaration is in force.

I commend this bill to the House

Debate adjourned.