Section 51(ix) of the Constitution provides that the federal government has legislative powers with respect to quarantine. In addition, the commerce and trade powers under section 51 are interpreted broadly, enabling the Commonwealth Parliament to make laws in a range of health-related areas.[8] In general, however, all other matters related to human health fall within the residual powers of the states.
Public hospitals are owned and operated by state and territory governments, which also fund and deliver various health programs and services. However, as a result of long-term funding and policy arrangements, the federal government partially funds public hospitals and “is primarily responsible for health service funding; regulation of health products, services and workforce; and national health policy leadership.”[9] Various national agreements impact funding, policy, and implementation arrangements within the health sector.
1. National Health Security Act and Agreement
All of the states and territories signed the National Health Security Agreement in 2008,[12]which supports the National Health Security Act 2007 (Cth) and National Health Security Regulations 2008 (Cth).[13]These enactments give effect to the World Health Organization’s International Health Regulations (2005).[14] These regulations required Australia to “develop multi-level capacities in the health sector to effectively manage public health threats and to develop, strengthen and maintain the capacity to detect, report and respond to public health events.”[15] The objectives of the National Health Security Act include
to provide a national system of public health surveillance to enhance the capacity of the Commonwealth and the States and Territories to identify, and respond to, public health events of national significance which include:
the occurrence of certain communicable diseases; or
certain releases of chemical, biological or radiological agents; or
the occurrence of public health risks; or
B. State and Territory Responsibilities
The National Health Security Agreement recognizes that state and territory governments have “primary responsibility for the public health response” to public health events within their own jurisdictions,21] while the Commonwealth government has “primary responsibility for international border surveillance and public health events occurring at international borders.”[22] Where there is a “Public Health Event of National Significance,” a “national health sector response will occur at the request of an affected, or potentially affected, State or Territory.”[23] Such a response will be coordinated at the national level in accordance with Commonwealth and state and territory legislation, as well as any established national plans or protocols, and each state and territory will also “undertake its own jurisdictional coordinating processes.”[24]
What the above does raise in my mind was why the Federals did not control the disembarking Cruise passengers as an event at an international border
MSB Price at posting:
$2.65 Sentiment: Buy Disclosure: Held
(20min delay)
