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COVID-19 arrangements and directions

For information about current directions and requirements, see Emergency Declarations Information.

Both the Australian and South Australian Governments enacted their emergency powers in order to respond to COVID-19. This means that the government could create policies and enact procedures to manage the emergency. In some circumstances this meant changing laws, or putting lawful directions in place that the public must adhere to. For example, mandatory vaccination or mandatory quarantine.

Commonwealth directions

For information about travel into and out of Australia, please see Travel restrictions.

South Australian directions

The South Australian government declared a state of emergency under the Emergency Management Act 2004 (SA) to deal with the COVID-19 pandemic (see Emergency declarations). Directions detailing restrictions and temporary laws were issued by the State Emergency Coordinator.

On 24 May 2022, the South Australian Government enacted the South Australian Public Health (COVID-19) Amendment Act 2022 (SA) (‘Public Health Amendment Act’) so that the emergency powers could end.

The Public Health Amendment Act provided for the directions in force under the Emergency Management Act 2004 (SA) at the time of commencement to continue as if they were directions under the South Australian Public Health Act 2011 (SA) (‘the Public Health Act’) [Public Health Amendment Act Schedule 2 cl 2]. New directions imposing requirements on people in South Australia generally or classes of people who have tested positive for COVID-19 or who are close contacts (as defined from time to time) were issued by the Governor [Public Health Act Part 11A, s 90C]. The Minister for Health and Wellbeing was required to publish the health advice on which a direction was determined within seven days of the issue of direction.

On 23 November 2022 all directions pursuant to the Public Health Act expired. There are no longer any South Australian directions regarding quarantine, isolation, mandatory vaccinations or testing. The obligation to report a positive COVID-19 test result has also expired.

Section 90C of the South Australian Public Health Act 2011 (SA) also expired on 23 November 2022. This section previously allowed directions to be issued regarding COVID-19 positive cases or close contacts.

SA Health recommendations regarding mask wearing, COVID-19 positive cases and close contacts continue. The SA Health COVID-19 Health Information website includes comprehensive information regarding the current COVID-19 situation.

Separate from the government mandated vaccination requirements, some employers have implemented their own vaccination testing and mask wearing requirements. For further information regarding this issue, see the Fair Work Ombudsman pages on COVID-19 vaccinations: workplace rights and obligations and Coronavirus and Australian workplace laws.

For information about other legal matters that may be affected by COVID-19, please see General Information - COVID-19 (Coronavirus).

Services Australia have resources for CALD (culturally and linguistically diverse) communities about COVID-19 vaccinations, and translated publications about support services, Centrelink payments and services. SA Health also have a dedicated Multicultural Communities COVID-19 Advice webpage which has resources for mental health and wellbeing, COVID-19 vaccine information sessions and telephone and emergency services contacts.

COVID-19 Direction Accountability and Oversight Committee

The Public Health Amendment Act established the COVID-19 Direction Accountability and Oversight Committee (‘the Committee’) by amending the Parliamentary Committees Act 1991 (SA) (‘PC Act’).

The Committee ceased to operate on the expiry of section 90C of the Public Health Act [PC Act s 15V] on 23 November 2022.

There was no requirement in the Public Health Act for any organisation, committee or person to be consulted by the Governor prior to issuing directions. Instead, issued directions were regulated and reviewed by the following process:

  • The Committee is to consider a new direction [PC Act s 15U] and may report to each House of Parliament if the direction appears to have been made without the power or authority to do so [PC Act s 15S]. The Committee can provide recommendations in their report.
  • The Minister for Health and Wellbeing is required to provide a copy of a new direction to each House of Parliament within two parliament sitting days of the direction being issued [PC Act s15U].
  • Either House of Parliament can pass a resolution within certain time limits disallowing the direction and the direction will thereafter cease to have effect [PC Act s 15T].

The Committee was to consist of two members of the House of Assembly and three members of the Legislative Council. It must not consist of any Ministers of the Crown or more than two members of the political party forming the government.

COVID-19 arrangements and directions  :  Last Revised: Wed Jan 4th 2023
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.