House of Assembly: Tuesday, November 30, 2021

Contents

Emergency Management Act

Mr PICTON (Kaurna) (14:55): My question is to the Premier. Was the member for Bragg, the Attorney-General, wrong when she informed the house that these powers under the Emergency Management Act were necessary for quarantine, contact tracing and border closures? With your leave, sir, and that of the house, I will explain.

Leave granted.

Mr PICTON: In August this year the Attorney-General, the member for Bragg, informed the house that the extension to the Emergency Management Act provisions, quote:

…clarify the scope of powers given to the State Coordinator and authorised officers to issue directions under section 25, such as for quarantine, contact tracing and border closures. Extending these provisions is necessary for the ongoing management of the risk of COVID-19 in South Australia.

The Hon. S.S. MARSHALL (Dunstan—Premier) (14:55): I have already given, I think, a comprehensive answer, but what I would also like to add—

Members interjecting:

The SPEAKER: Order! The Premier has the call.

The Hon. S.S. MARSHALL: —that I think the parliament should be aware of is that it is our belief that we do need to go back and look at the Emergency Management Act after this major emergency declaration is finished.

We did consider whether or not we should do it in the midst of this major emergency, but we formed the opinion that it would be better to wait until the end of the major emergency declaration, have our review and then make any necessary changes to the Emergency Management Act here in the parliament.

When that act was drafted, we really contemplated mainly fires and floods and other short-term events. I don't think we ever contemplated that it would be necessary to have it in place for 18 or 19 months. In fact, it is of course only in place in 28-day increments. This is something that comes back to cabinet every month, and then ultimately we form an opinion as to whether or not it should continue. When we have, of course, we inform Her Excellency and she signs that further extension to the major emergency declaration. I hope that clarifies the situation.