During a pandemic, or when public health orders are issued by governments, it can be extremely difficult for a business to navigate these unusual circumstances. This Legal Kitz blog will take you through what a public health order is, and how a business can navigate the recent COVID-19 pandemic.
What is a public health order?
In Australia, a public health order is a legal instrument issued by the government, usually by the state or territory health department, to protect public health. The orders can be issued during an outbreak of an infectious disease or other public health emergencies to help manage and contain the spread of the disease.
A public health order can require individuals or groups of people to take certain actions, such as getting tested for a disease, self-isolating, or wearing masks. It can also require businesses and organisations to comply with specific requirements, such as closing or limiting capacity.
Public health orders can vary depending on the situation and the jurisdiction in which they are issued. They can include anything from restrictions on travel or gatherings to mask mandates and quarantine.
Public health orders are legally enforceable, and failure to comply with them can result in fines, penalties, or even imprisonment. Police or other officers have the authority to enforce the orders. Overall, public health orders in Australia are essential for managing and controlling public health emergencies, helping protect the health and well-being of individuals and communities.
Legal basis for Australia’s COVID-19 response
The legal basis for Australia’s COVID-19 response varies depending on the jurisdiction, but generally, it is based on public health and emergency management legislation.
At the federal level, the Australian government has used its powers under the Biosecurity Act 2015 to respond to COVID-19. The Biosecurity Act allows the Minister for Health to declare a human biosecurity emergency, which triggers the activation of certain powers, including the power to issue biosecurity control orders, direct individuals to be vaccinated or quarantined, and prohibit or restrict the movement of people and goods across Australia’s borders.
In addition to the federal government’s response, each state and territory government has implemented its own measures to manage the COVID-19 pandemic. These measures are based on the public health legislation of each jurisdiction and may include:
- Issuing public health orders to restrict movement, require the wearing of masks, and limit gatherings.
- Setting up quarantine facilities and managing incoming travellers to prevent the spread of the virus.
- Conducting contact tracing and testing to identify and isolate cases of COVID-19.
- Closing or limiting the operation of certain businesses and venues to prevent the spread of the virus.
Advice for businesses facing public health orders
There are several ways in which a business can continue operating when faced with public health orders. It is important to note that sometimes public health orders may prevent every employee from going to work, and in this case, some of the below options will be unavailable. These options include:
- Implementing remote work: If possible, allow employees to work from home using remote communication tools like video conferencing and cloud-based software. This way, employees can continue working without risking exposure to the virus.
- Implementing staggered schedules: If remote work is not possible, consider implementing staggered schedules to reduce the number of employees working at any given time. This can help reduce the risk of infection.
- Increasing hygiene and sanitation measures: Implement strict hygiene and sanitation measures in the workplace, such as regular cleaning and disinfecting of surfaces, providing hand sanitisers and enforcing social distancing.
- Offering online services: If your business is able to provide online services or e-commerce, consider moving your operations online to minimize physical contact and reduce the spread of the virus.
- Implementing contactless delivery and payment options: If you are in the retail or service industry, consider implementing contactless delivery and payment options to reduce physical contact.
- Staying informed and adapt to changes: Stay up-to-date with the latest guidelines and regulations from health authorities and adapt your business operations accordingly to ensure the safety of your employees and customers.
Legal advice
If your business is facing an issue that could affect its smooth operation, such as a public health order or another major workplace disturbance, contact Legal Kitz by phone on 1300 988 954 or email on [email protected] a FREE 30-minute consultation.