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:

South Australian Government

In South Australia, the Commissioner of Police acting as the State Coordinator [s 14] has the power to make a declaration under the Emergency Management Act 2004 (SA) for:

Examples of situations that may give rise to a declaration include catastrophic bushfires, floods, storms, earthquakes and pandemics. A major emergency was declared in relation to the COVID-19 pandemic on 22 March 2020 and remained in force until 24 May 2022. The State Coordinator imposed a range of restrictions and obligations under the Emergency Management Act 2004 (SA) during this time. Other directions were also made under the South Australian Public Health Act 2011 (SA)].

Emergency declarations can be made in relation to incidents, emergencies or disasters that have occurred, are occurring or are about to occur [ss 21A-24].

The powers of the State Coordinator (or any authorised officers) during a declaration are very broad. They allow the State Coordinator 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 Coordinator [s 25]. The State Coordinator exercises these powers by making directions that the public is required to follow.

The Emergency Management Act 2004 (SA) also provides for directions to be issued and powers exercised, among other things, in relation to:

A person who misses work due to official duties in connection with response or recovery operations under the Emergency Management Act may not be dismissed or prejudiced in employment because of that absence [s 33]. See Protection for people helping with emergency management for more information.

The Emergency Management Act 2004 (SA) sets out a number of offences to ensure order is maintained during a declaration period. See Offences in a state of alert, major emergency, major incident or disaster.

Federal Government

The National Emergency Declaration Act 2020 (Cth) (‘NEDA’) commenced on 16 December 2020 to allow for the preparation for, response to and recovery from emergencies that cause, or are likely to cause, nationally significant harm [s 3]. Nationally significant harm means harm that has a significant national impact due to its scale or consequences and causes [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 3 months [ss 11-12].

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

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

Emergencies declared under the Biosecurity Act 2015 (Cth) must not be longer than 3 months but may be extended for periods of up to 3 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 relied upon 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 ($99,000 from 7 November 2024) or imprisonment for up to 5 years, or 120 penalty units ($39,600 from 7 November 2024) for civil penalties relating to biosecurity emergencies [ss 449 and 479].