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ARTICLE · 18 MARCH 2020

COVID-19 may trigger use of liberty-restricting laws

The Attorney-General warned that in response to COVID-19, certain biosecurity powers may be invoked for the first time.

AustraliaCriminal Law

At 11 am on 12 March, there were 126 confirmed coronavirus cases in Australia, and three people had died as a result of the disease. While attorney general Christian Porter had warned the week prior that in response to the virus, certain biosecurity powers may be invoked for the first time.

One of these is the power for an individual who may have a "listed human disease" to be placed on a "human biosecurity control order", under the provisions of the Biosecurity Act 2015 (Cth), as the Director of Biosecurity determined in January that COVID-19 is a "listed human disease".

There are a range of requirements that can be imposed upon the subject of a human biosecurity control order. These include having to stay at a place of residence for a period of time, that they undergo decontamination or being restricted from leaving Australian territory for up to 28 days.

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