Both the Federal and South Australian Governments have the power to make emergency declarations to ensure prompt and effective decision-making in emergencies. This means that particular public office holders may issue directions to manage the emergency without:

For information relating to current emergency declarations, visit the Emergency Declaration Information page.

South Australian Government

In South Australia the Commissioner of Police acting as the State Coordinator [s 14] has the power to declare emergencies under the Emergency Management Act 2004 (SA) (‘Emergency Management Act’) for:

Examples of major incidents, major emergencies and disasters include a catastrophic bushfires, floods, storms or earthquakes.

A major emergency was declared in relation to the COVID-19 pandemic on 22 March 2020 and remained in force until 24 May 2022. Many restrictions and obligations were imposed by directions made by the State Co-ordinator pursuant to this declaration. These directions are now made under the South Australian Public Health Act 2011 (SA) – see COVID-19 arrangements and directions.

Emergency declarations can be made in relation to incidents, emergencies or disasters that have occurred, are occurring or are about to occur [ss 22-24].

The powers of the State Co-ordinator (or any authorised officers) during a declaration are very broad. They allow the State Co-ordinator to take any necessary action to implement the State Emergency Management Plan, and to cause such response and recovery operations to be carried out as considered appropriate by the State Co-ordinator [s 25]. The State Co-ordinator exercises these powers by making directions, which the public is required to comply with.

The Emergency Management Act also provides for directions to be issued and powers exercised, among other things, in relation to:

A person who is absent from employment on official duties in connection with response or recovery operations under the Emergency Management Act is not liable to be dismissed or prejudiced in employment because of that absence [s 33]. See Protection for people assisting with emergency management.

There are some specific offences under the Emergency Management Act which include:

For more information, see Offences in Major Emergencies, Major Incidents or Disasters.

Federal Government

The National Emergency Declaration Act 2020 (Cth) (‘NEDA’) commenced on 16 December 2020 to allow for the preparation, response and recovery from emergencies that cause, or are likely to cause, nationally significant harm [s 3]. Nationally significant harm includes harm that has a significant national impact due to its scale or consequences that is also harm which constitutes [s 10]:

The Governor-General may only make a national emergency declaration if the Prime Minister is satisfied that [s 11]:

In the event of a national emergency declaration, Ministers may exercise the powers and/or functions set out in the national emergency laws (as defined in section 10) which allow for variations or exemptions from laws that normally apply [see s 17]. Further powers are also provided in the NEDA.

National emergency declarations must not be longer than three months but may be extended for periods of up to three months [ss 11-12].

The Senate Standing Committee on Legal and Constitutional Affairs, or such other committee constituted under a resolution of the Senate, must review each national emergency declaration on the first anniversary of the day the declaration was made [s 14A].

The Biosecurity Act 2015 (Cth) (‘the Biosecurity Act’) also provides for the declaration of:

Emergencies declared under the Biosecurity Act 2015 (Cth) must not be longer than three months but may be extended for periods of up to three months.

Similar powers and authority are provided under the Biosecurity Act 2015 (Cth) for directions to be issued during the period of the emergency. In particular, in relation to human biosecurity emergencies the Health Minister may determine emergency requirements and issue directions, such as addressing the restriction of people entering Australia or imposing obligations upon them [ss 477-478]. These laws were utilised during the COVID-19 pandemic.

It is an offence not to comply with any requirement determined, or direction issued, under the Biosecurity Act 2015 (Cth). The maximum penalty is 300 penalty units ($82,500 as at January 2023) or imprisonment for up to five years, or 120 penalty units ($33,000 as at January 2023) for civil penalties relating to biosecurity emergencies [ss 449 and 479].