Katie Allen (Higgins, Liberal Party) Share this | Hansard source

Well, 2020 has been quite a year. Governments all over the world have enacted emergency powers to protect the public against the COVID-19 pandemic. In fact, I would say that our government has, on record, a great delivery of a response to a crisis that many around the world look to with envy. Early this year, Australia also faced the deadly threat of bushfires, and, again, emergency powers were also enacted. Both of these crises have highlighted the tension that can arise between the need for governments to act quickly in an emergency and the due processes of our wonderful, vibrant democracy.

At the same time, however, we are hopeful to have this legislation in place for our rapidly approaching bushfire season. We are aware of what needs to happen. This is why the government has worked closely with Labor on this legislation to deliver a robust and measured process of review for this legislation once it is in action. And I thank the members opposite for their contribution to ensure that we have the best form of legislation, which has had to be delivered somewhat at speed, you could say, because we do have the bushfire season fast approaching.

I am confident that the National Emergency Declaration Bill 2020 will strike the balance required, providing clarity and efficiency while also preserving our necessary democratic safeguards. The bill will not just deal with one type of emergency; it will have an all-hazards approach, whether they are natural or man-made. All disasters defined in the acts that this has an oversight of remain unchanged. Previously, the definition was different in every act, so the definition for triggering it was different in every act. For example, the Environment Protection and Biodiversity Conservation Act 1999 already has the power to conduct land clearing in an emergency, but it will become automatic on declaration of a national emergency for the purpose of keeping people and property safe.

The National Emergency Declaration Bill 2020 will establish a legislative framework for the declaration of a national emergency by the Governor-General on the advice of the Prime Minister. This is in line with the recommendations of the Royal Commission into National Natural Disaster Arrangements. This bill will develop a consolidated list of the wide range of emergency powers at the Commonwealth's disposal during a national emergency and empower ministers to sidestep the red-tape requirements in legislation that they administer. It will also allow the Prime Minister to compel accountable authorities of Commonwealth entities to provide information to assist the government in a national emergency.

Now, we have had two huge disasters in the last 12 months, and the community expects a rapid and coordinated and integrated response. It has been seeing that in action in the last year, and this will continue to improve those processes. This bill could, for example, include information about stockpiles, assets and resources—vital for events such as bushfires. It will provide decision-makers with greater clarity as to the range of powers available in a national emergency. At the same time, it will provide greater efficiency, and this will protect lives and livelihoods.

The National Emergency Declaration (Consequential Amendments) Bill 2020 works in tandem with the aforementioned bill to establish a legislative framework for declaring a national emergency. It amends various acts and regulations that contain powers that are used during a national emergency. However, the consequence of this is relatively confined and creates only one new power, with the imposition of an obligation on telecommunication providers to help in times of national emergency. This may include, for example, sending emergency message alerts. This is merely a reflection of the times. In the past, communities, particularly regional communities in bushfire affected areas, would rely on our wonderful ABC for important and critical messages via radio. But, as we know, so many Australians are now very dependent on their smartphone device—91 per cent of Australians have one—so it's important that we utilise all mediums when there is a national emergency to ensure that people get out when they need to. I know personally, with family members affected by the Black Saturday fires at Marysville and the terrible loss of life through that tragic period, that people did not respond to the request to leave their property. They stayed to defend it and fight, and there were some tragic outcomes as a result.

This bill will streamline existing powers in the case of a national emergency. Amongst a variety of other things, it includes amending the Sydney Airport Curfew Act 1995 to enable aircraft to take off from or land at Sydney airport during the curfew period when it's being done in connection with a national emergency. Obviously, it's sometimes not clear for people that the workings behind a decision for government to act can be curtailed by all sorts of technical aspects, and this smooth-sailing approach to cutting red tape to ensure that governments can act efficiently is very important. This bill is firmly centred on ensuring contemporary practise and efficiency during a national emergency so that we can keep people safe.

It's also important to remember that the efficiency of use must not become the efficiency of abuse. We're all keen to avoid the mistakes of the Victorian government during the COVID-19 pandemic, who failed to understand the balance between responding swiftly in a crisis and ensuring accountability when they sought to extend their emergency powers by an extraordinary 18 months. Like a patient in an emergency, doctors must often step in and work swiftly, frequently without pre-consent. But when a disease becomes chronic, informed consent cannot be a casualty in decision-making between doctor and patient—likewise for our democracy. When time is of the essence, our democracy can and should take a momentary back seat. But when time is no longer of the essence, our democratic processes must always be in the driver's seat. We forget this principle at our peril.

We have seen the good, the bad and the ugly during national emergencies around the globe this year. I think Australians should feel very confident and very secure with the fact that we have a steady pair of hands at the helm. This bill is about ensuring that Australia's practises are top tier, without compromising our democratic foundations. I commend these bills to the House.

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