Leslie Massey
A state of emergency is a situation in which a government is granted additional powers to manage a crisis. In Western Australia, the Emergency Management Act is activated when a state of emergency is declared. This legislation gives authorities the power to enforce directions such as restricting travel and movement, closing borders, enforcing lockdowns, and implementing other public health measures. A state of emergency is typically declared during widespread disasters, such as bushfires, pandemics, or terrorism threats, and allows for a swift and streamlined response to the crisis.
| Characteristics | Values |
|---|---|
| Reason | To deal with the spread of coronavirus and enforce the national 14-day isolation requirement for travellers entering Australia |
| Powers | Ability to direct the public to evacuate or avoid an area, enforce lockdowns, close borders, restrict travel and movement, and implement other public health measures |
| Applicability | Specific districts or shires, not the whole state |
| Duration | Two weeks at a time, with the possibility of extension |
| Alternative | Make COVID-19-specific rules under the state's Public Health Act |
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What You'll Learn
The Western Australian Emergency Management Act
In Western Australia, a state of emergency is typically declared during widespread disasters, such as the bushfire crisis, or in the case of the COVID-19 pandemic, to help manage the situation and enforce certain requirements.
The Emergency Management Act 2005 and the Emergency Management Regulations 2006 allow the police to issue infringements for non-compliance with Section 86(1) of the Act. Offenders can pay the infringement or elect to go to court. If the infringement is not paid by the due date, a final demand notice with additional costs is issued. Non-payment of the final demand within 28 days results in the infringement being recorded by the Fines Enforcement Registry, incurring further costs.
In the context of workplace emergency management, Western Australian businesses are advised to implement effective and up-to-date emergency management processes. This includes compliance with AS 3745-2010, specialised fire safety training, and evacuation planning to protect staff and property. Additionally, workplaces in Perth, Western Australia, must adhere to the Work Health and Safety Act 2011 and its accompanying Regulation, which outline the legal obligations for ensuring workplace safety.
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Powers to deal with emergency situations
In Western Australia, the Emergency Management (EM) Act is activated when a 'State of Emergency' is declared. This legislation gives authorities specific powers to deal with emergency situations. An 'emergency' is defined as a significant and coordinated response to an imminent hazard or occurrence of a hazard. This includes natural disasters, terrorism threats, and pandemics.
The EM Act grants certain officials the power to make critical decisions outside of the usual legislative process, allowing for a swift and streamlined response. For example, authorities may direct the public to evacuate or avoid entering an area. These powers are typically given to public authorities like the police or other government agencies, who are expected to comply with the relevant State EM Policy.
The Western Australian government has been criticised for extending the EM Act through to January 2023, as most restrictions have been lifted and the Covid-19 pandemic is settling. However, the Act has been in force throughout the pandemic, enabling the government to enforce directions such as restricting travel and movement, closing borders, and enforcing lockdowns.
To prevent the potential abuse of power, the EM Act in Western Australia has a built-in 'sunset clause', ensuring the legislation expires after two weeks unless extended. This preserves the democratic process by limiting the duration of the state of emergency and the associated powers granted to authorities.
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State of emergency declaration
In Western Australia, a state of emergency declaration is a rare move that gives certain officials added powers to deal with an emergency situation. This typically occurs during widespread disasters, such as bushfires, a terrorism threat, a pandemic, or a public health crisis.
The Western Australian Emergency Management Act (EM Act) gives authorities specific powers to address an emergency. Under this Act, an 'emergency' refers to a significant and coordinated response to a hazard or imminent hazard, such as a natural disaster. The Act empowers public authorities like the police to take swift and streamlined action, such as directing evacuations or imposing travel restrictions, lockdowns, and border closures.
The declaration of a state of emergency in Western Australia is typically a response to a specific crisis. For example, in March 2020, Western Australia declared a state of emergency to enforce the national 14-day isolation requirement for travellers during the COVID-19 pandemic. Similarly, in March 2019, a state of emergency was declared in New South Wales, Australia, granting emergency powers to firefighting agencies to combat major bushfires.
While these emergency powers are critical for effective crisis management, they also present a potential risk of abuse due to the reduced legislative scrutiny involved. To address this concern, the EM Act in Western Australia has a built-in 'sunset clause', limiting its activation to two-week periods, after which an extension can be considered. This ensures that the state of emergency declaration remains a temporary measure, preserving the democratic process.
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The role of public authorities
A state of emergency in Western Australia is typically declared during widespread disasters, such as bushfires, or in the case of the COVID-19 pandemic, to give authorities and state premiers more power to take control of the situation.
The Western Australian Emergency Management Act (EM Act) gives 'authorities' specific powers to deal with emergency situations. Under the Act, an 'emergency' means the 'occurrence or imminent occurrence of a hazard', such as a natural disaster, terrorism threat, or pandemic, which requires a significant and coordinated response.
Public authorities, such as the police or other government agencies, are given a defined role and responsibilities under State Emergency Management (EM). They are expected to comply with the relevant State EM Policy, which is developed to manage a particular situation.
The EM Act is critical for managing catastrophes and disasters, providing a swift and streamlined response. However, it also grants a small group of people in positions of authority broad powers to make critical decisions outside of the usual legislative process, without the usual checks and balances that come with law-passing in Parliament.
To ensure the preservation of the democratic process, the EM Act in Western Australia has a built-in 'sunset clause', an expiration date or deadline. The Act is only ever in force for two weeks at a time but can be extended. This ensures that the powers granted to public authorities are not abused and that the democratic process remains intact.
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Extension of emergency powers
In Western Australia, the Emergency Management (EM) Act is activated when a 'State of Emergency' is declared. The EM Act is critical for managing catastrophes and disasters where a swift and streamlined response is required. The legislation enables the state government to introduce and enforce 'directions', such as those that restrict travel and movement, close borders, enforce lockdowns, and implement other public health measures.
The EM Act affords authorities broad powers to make critical decisions outside of the usual legislative process, without the typical checks and balances that occur when laws are passed through Parliament. While this may be necessary in a crisis to expedite the decision-making process, it also raises concerns about the potential for abuse of power. To address this, the EM Act in Western Australia typically has a built-in 'sunset clause', ensuring that it remains in force for only two weeks at a time unless extended.
In March 2020, a public health state of emergency was declared in Western Australia to address the spread of COVID-19. This declaration was extended multiple times, including in May 2020, to continue managing the pandemic effectively.
In 2025, the McGowan Government faced criticism for introducing legislation to extend the EM Act until January 2023. This move was controversial because, by that time, the COVID-19 pandemic had largely settled, and most restrictions across the state had been lifted. Some viewed the extension as unnecessary and a potential "power grab" by the leadership. However, Premier McGowan defended the decision, stating that it aimed to preserve certain remaining restrictions, such as limiting movements in and out of remote Aboriginal communities and requiring isolation for infected individuals.
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Frequently asked questions
In March 2020, Western Australia declared a state of emergency to deal with the spread of COVID-19 and enforce the national 14-day isolation requirement for travellers.
A state of emergency gives authorities and state premiers more power to take control of a difficult situation. This includes the power to direct the public to evacuate an area or not enter an area, and to enforce lockdowns.
The Western Australian Emergency Management Act gives 'authorities' specific powers to deal with an emergency. Under the Act, an 'emergency' means the 'occurrence or imminent occurrence of a hazard which is of such a nature, or magnitude that it requires a significant and coordinated response.'
Emergencies that would prompt a state of emergency include natural disasters, terrorism threats, pandemics, violent protests, and health emergencies.
In Western Australia, the Emergency Management Act is only ever in force for two weeks at a time, but it can be extended.
