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  • 03 COVID-19 – the Law in Tasmania
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Handbook

COVID-19 – the Law in Tasmania

03

The Legal Basis for the Tasmanian Government’s Covid-19 Laws

The Covid-19 pandemic has led to rapid and exceptional changes in Tasmanian law. The fast pace at which authorities have been forced to respond to the virus has meant a variety of new laws have been introduced via routes we would be unlikely to see in normal circumstances. Under normal cond...

Laws Brought in Under the Public Health Act

The first step in bringing these laws into force involved Section 14 of the Public Health Act - this section lets the Director of Public Health declare a public health emergency. The first time Tasmania’s Director of Public Health issued a notice declaring a public health emergency, as a resul...

Laws Brought in under the Emergency Management Act

In addition to the new Covid-19 laws brought in under the Public Health Act the Tasmanian Premier has also declared a state of emergency under Section 40 of the Emergency Management Act. The first state of emergency declaration was made in March 2020, because the laws only allow these to last ...

The Law for Non-Tasmanians Arriving in Tasmania

Using their powers under the Emergency Management Act, in July 2020, the Tasmanian State Controller made a declaration which created new laws for people arriving in Tasmania from the mainland. The legal document in which these laws were declared can be viewed here. Under the new laws a pers...

The Law for Tasmanian Residents Returning to Tasmania

Tasmanian residents returning from the mainland may be able to undergo 14 days of quarantine in their own home, instead of having to pay to quarantine in a hotel. However, before making the decision to travel it is worth noting you may not be allowed to quarantine at home if you arrive in Tasm...

People Under 18 Can Apply to be Exempt from Hotel Quarantine

People under the age of 18 are allowed to quarantine in a Tasmanian residence and are not required to undergo hotel quarantine. The legal basis for this is Direction 4 from the State Controllers August 2020 which was brought into law under their powers under the Emergency Management Act. Th...

Exemptions for People Intending to Stay with Family and Friends

People coming to Tasmania to stay with family, or friends who are Tasmanian residents are able to apply to the State Controller for an exemption from hotel quarantine. If they are granted an exemption these people still need to undergo 14 days of quarantine but they can do so as if they were a...

The Law when Arriving in Tasmania from a Covid-19 Hotspot

If you arrive in Tasmania from a place which has recently witnessed a large number of active cases of Covid-19 different laws will apply to you. The Tasmanian Government publishes an updated list of these locations here. In August 2020 the State Controller declared that people who arrive in...

Does the Law Say I Must Get a Covid-19 Test?

There are a very limited number of circumstances where a person in Tasmania may be legally obligated to take a Covid-19 test. If you enter Tasmania from a location the Tasmanian Government has identified as having a large number of Covid-19 cases or, you are identified as having been at a plac...

When Do I have a Legal Obligation to Quarantine or Isolate Myself?

Once a person has been diagnosed with Covid-19 the law obligates them to comply with what authorities tell them to do and this may include self-isolation. In April 2020 the Director of Public Health made a direction, which is now the law in Tasmania, stating once a person is diagnosed with the...

Can I Visit Someone in an Aged-Care Facility?

In July 2020 the Public Health Director made an order limiting who could enter aged-care facilities. You can view the legal document which declared the new laws governing this issue here. The laws are very clear that none of the new rules prevent anyone at an aged-care facility from going ...

How Many People can I Have at a Party?

In June 2020 the Director of Public Health brought in new laws which make it an offence to have a party with more than 20 guests at a private property. You can view the legal document which created the new laws here. The new laws put responsibility on the occupier of a premises to make sure...

Defences if Charged with Breaking Tasmania’s Covid-19 Laws

Media reports indicate more than 300 people have been issued with court summonses since Covid-19 laws were introduced in March. However, as yet it does not appear any Tasmanian Court has published a judgment considering the new laws. Most reports where people have been summonsed to Court in...

Page last updated 27/08/2020

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