Human Biosecurity (Stay at Home Requirements)

Human Biosecurity (Stay at Home Requirements)
.
This order is a fictitious order created for the purposes of the midsemester assessment
for Government and Public Law in Semester 2, 2022. While it has been based on existing
instruments, signficant changes have been made. Please rely on what is provided to you in
this assessment only.
Human Biosecurity (Stay at Home Requirements) Order 2020
under the
Biosecurity Act 2015
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Human Biosecurity (Stay at Home Requirements) Order 2020 (Cth)
Part 1 Preliminary
1 Name of Order
This Order is the Human Biosecurity (Stay at Home Requirements) Order 2020.
2 Commencement
This Order commences at the beginning of 20 June 2020.
(1) This order is intended to implement public health measures to limit the spread of a listed
Note:—
human disease.
See Human Biosecurity (COVID-19) Declaration 2020
3 Purpose
(2) This order reflects the need to act quickly and decisively in limiting the spread of COVID-19.
(3) Balancing the need for oversight against the need to act quickly and decisively, this order
empowers the Administrative Appeals Tribunal to conduct merits review for significant errors.
It also empowers the Parliament to monitor the exercise of powers under this order, with the
assistance of the Commonwealth Ombudsman.
4 Staying at home
(1) A person must not leave their place of residence without a reasonable excuse.
(2) A reasonable excuse includes an activity specified in Part 3.
(3) Taking a holiday is not a reasonable excuse.
(4) This clause does not apply to—
(a) a person who is homeless.
5 Leaving your place of residence for work
(1) A person who lives in an area of concern must not leave their place of residence for the
purposes of work unless the person is an authorised worker.
(2) The Minister may determine a person is an authorised worker if they are satisfied that it
it is in the public interest for them to leave their place of residence for the purposes of work.
(3) A decision by the Minister under (2) may only reviewed by the Administrative Appeals
Tribunal if the Minister’s decision is based on substantial errors of fact.
(1) This section applies if the Minister makes a determination that a person is an authorised worker
under subsection 5(2).
(2) The Minister must, within 15 days of making a determination, provide the Commonwealth
Ombudsman with:
(a) a copy of the determination; and
(b)
(c) a statement about the Minister’s consultations with the Chief Health Officer in relation
to the determination and the nature of the consultations; and
a statement of the Minister’s reasons for the determination; and
6 Documents to be given to the Commonwealth Ombudsman
(d) a summary of any advice received from that Office in relation to the designation.
Part 2 Stay at home requirements
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7 Documents to be laid before the Parliament by the Commonwealth Ombudsman
(1) The Commonwealth Ombudsman must cause to be laid before each House of the Parliament,
within 15 sitting days of each House of the Parliament after the end of each quarter, a report on the
following:
(a) the operation of the authorised worker declaration scheme, including:
(i) the timeliness of the Minister ‘s consideration of applications for authorised worker status;
(ii) the adequacy of the Minister’s process for determining whether a person is an authorised
worker;
(iv) any systemic inquiries undertaken by the Commonwealth Ombudsman;
(v) the Minister’s response to the Commonwealth Ombudsman’s systemic inquiries.
Human Biosecurity (Stay at Home Requirements) Order 2020 (Cth)
(3) The Minister must, within 15 days of the end of each quarter provide the Commonwealth
Ombudsman with:
(a) the number of applications made seeking a determination that a person is an authorised worker;
(b) the number of successful and unsuccessful applications; and
(c) for the unsuccessful applications, a statement of reasons for the Minister’s rejection of the
applications.
(iii) the extent to which the Minister acted upon recommendations made by the Commonwealth
Ombudsman in inidividual cases in the preceding quarter;
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Part 3 Reasonable excuses to leave your place of residence
2 Schools and educational institutions
A person may leave the person’s place of residence to attend a school or other
educational institution if the person cannot learn from the place of residence.
3 Medical and donating blood
A person may leave the person’s place of residence to—
(a) obtain medical care, including obtaining a COVID-19 test or vaccination, or
(b) obtain medical or health supplies, or
(c) donate blood.
4 Carers and care and assistance to vulnerable persons
A person may leave the person’s place of residence to—
(a) fulfil carer’s responsibilities, or
(b) provide care or assistance to a vulnerable person.
5 Compassionate grounds
A person may leave the person’s place of residence—
(a) for compassionate reasons, or
(b) to accompany another person, whom the person is visiting for compassionate
reasons, when the other person is undertaking exercise or outdoor recreation
authorised by this Order.
6 Contact arrangements
A person may leave the person’s place of residence for family contact arrangements.
1 Childcare
A person may leave the person’s place of residence to—
(a) attend childcare, or
(b) pick up or drop off a person at childcare.
7 Emergencies and risks to person
A person may leave the person’s place of residence—
(a) to provide emergency assistance to a person, or
(b) in an emergency, or
(c) to avoid illness, injury or risk of harm.
8 Animal welfare
A person may leave the person’s place of residence to feed an animal or for animal
welfare.
9 Legal obligations
A person may leave the person’s place of residence to fulfil legal obligations.
10 Public services
A person may leave the person’s place of residence to access public services, whether
provided by Government, a private provider or a non-Government organisation,
including—
(a) social services, and
Human Biosecurity (Stay at Home Requirements) Order 2020 (Cth)
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11 Moving home or inspecting property
A person may leave the person’s place of residence to—
(a) move to a new place of residence, or
(b) inspect real property, or
(c) move between places of residence of the person.
12 Temporary accommodation
A person may leave the person’s place of residence that is temporary accommodation
if—
(a) the period of the booking of the temporary accommodation expires, and
(b) the person goes directly to the person’s new place of residence, which may be
other temporary accommodation.
13 Obtaining goods and services
(1) A person may leave the person’s place of residence to obtain goods or services if the
goods or services—
(a) are for the personal needs of the person’s household or for other household
purposes, including for vulnerable persons or pets, and
(b) are obtained locally, unless the goods or services, or equivalent goods or
services, are not reasonably available locally.
Note— Browsing in a shop is not authorised by this clause.
(2) Unless it is not reasonably practicable, a person must not leave the person’s place of
residence under this clause if a member of the person’s household, including the
person, has already left the place of residence on that day to obtain goods or services.
Example— A person would be permitted to be accompanied by a dependant if it were not
reasonably practicable for the dependant to remain at home.
(4) In this clause—
locally means—
(a) within the local government area in which the person resides, or
(b) if within another local government area—
(i) no further than 5 kilometres from the person’s place of residence, and
(ii) for a person who resides in a stay at home area—not in an area of
concern.
14 Exercise or outdoor recreation
(1) A person may leave the person’s place of residence to undertake exercise or outdoor
recreation if it is undertaken—
(a) within the local government area in which the person resides, or
(b) employment services, and
(c) domestic violence services, and
(d) mental health services, and
(e) services provided to victims, including as victims of crime.
(b) if within another local government area—no further than 5 kilometres from the
place of residence.
15 Funeral or memorial service
(1) A person may leave the person’s place of residence to attend a funeral or memorial
by this Order at the service.
service, but only if there are no more than the maximum number of persons permitted
spouse, de facto partner, parent, child or sibling of the deceased person.
(2) Despite subclause (1), a person must not leave the person’s place of residence to
attend a funeral or memorial service in the general area unless the person is the
Human Biosecurity (Stay at Home Requirements) Order 2020 (Cth)