Carol Brown (Tasmania, Australian Labor Party, Assistant Minister for Infrastructure and Transport) Share this | Hansard source

ROL BROWN (—) (): The devastating effects of the COVID-19 pandemic have been felt across the world, including here in Australia. Countries from across the globe are looking to determine how the global health system could better work in future pandemics so that they can better protect their populations, minimise economic effects and see a more effective and equitable global response.

This parliament has, since 1996, a long-established significant role in scrutinising treaties prior to binding treaty action being taken by government, led by the Joint Standing Committee on Treaties, JSCOT. Before Australia can ratify any new international agreement, once negotiated, the JSCOT will consider the agreement, undertake further consultation with stakeholders and members of the public, and make a recommendation to parliament as to whether Australia should ratify the agreement. The proposed new instrument on pandemic prevention, preparedness and response is still being negotiated, and key provisions have not been agreed between countries. There is not yet a final agreement for the parliament to consider. Negotiations on a new instrument are not expected to be concluded until May 2024 at the earliest. We therefore oppose the proposed motion.

Let me also take this opportunity to clarify a range of misunderstandings about this proposed instrument. Countries retain sovereignty regarding their public health policies, including public health and safety measures such as border measures and the use of masks and vaccines. This is enshrined in the very first paragraph of the current draft agreement, which enforces the principle that each country retains responsibility and control of its own health policies. It is also enshrined in international law, including the existing International Health Regulations 2005. The WHO has no legal authority to force countries to accept any recommendations The WHO can provide assistance only at the request of a country. Australian law can be changed only by an act of parliament, not by an international treaty or any other international legal instrument. No international instrument can change or affect Australia's constitution. Any changes to Australian law to implement the new instrument would also have to be considered and passed by parliament through the usual processes.

Negotiations are currently underway on the new instrument, and nothing has been agreed. In particular, the specific proposals referred to in the motion will be subject to extensive negotiations by member states and have not been agreed. The specific proposals referred to in points (b) and (d) are not being considered for inclusion in the new instrument. While this instrument is being negotiated through the mechanisms of the WHO, negotiations are between countries only. This is an opportunity to pursue Australia's objectives for improvement to global health systems, which include: strengthening the international community's efforts to prevent and respond to future pandemics; allowing Australia to pursue international and regional health priorities while protecting domestic interests and sovereign rights; and protecting the Australian community's health and wellbeing against the threat of future pandemics. Further information on these negotiations is available on the Department of Health and Aged Care website and on the World Health Organization website.

The government expects to commence public consultation on the proposed instrument later in the year, once the likely shape of the agreement is better defined.