Why Is Victoria Seeking to Extend Its State of Emergency and What Does It Mean?

Here's what you need to know.

If you have been following the news this week, you've probably heard that the Victorian government is seeking to extend its state of emergency provisions for another year. 

Considering Victoria's coronavirus case numbers have been decreasing, it's likely that you've got a whole lot of questions, like: What is a state of emergency? Why does the Victorian government want to extend it? Does it mean further lockdown restrictions? 

These are all very fair , so let's break them down together.

What is a state of emergency? 

Basically, the state of emergency provides Victorian Chief Health Officer Brett Sutton with extra legal powers. 

Mr Sutton is able to issue legally enforecable public health directions to help curb the spread of coronavirus, including rules about quarantine, face masks and the number of people allowed in a restaurant or pub.

On top of that, under a state of emergency, Mr Sutton is able to detain any person "for the period reasonably necessary to eliminate or reduce a serious risk to public health". 

The Victorian Chief Health Officer can also restrict movement and search premises without a warrant.

So, why is the Victorian government seeking an extension?

Good question. Well, Victoria's current state of emergency ends at 11.59pm on 13 September. The state of emergency was first declared on 16 March and has had several four-week extensions already. 

According to the Public Health and Wellbeing Act 2008, a state of emergency can only be declared for a maximum period of six months.

A bill will go before parliament next week in an attempt to amend the Act to enable the state of emergency to be extended for another 12 months, which would mean it'd be in place for a total of 18 months.

If it is granted, the state of emergency would still need to be declared by the government in four-week blocks.

Does this mean lockdown will be extended as well?

No, it doesn't. In fact, they're two very different things.

While a state of emergency grants the Victorian Chief Health Officer power to enforce restrictions, it does not necessarily mean that the current lockdown will be extended. 

"Extending the state of emergency is about ensuring that we can legally make the changes our health experts need to keep us safe," Victorian Premier Daniel Andrews said at a press conference. 

"This does not change how long our current lockdown will last, or increase the restrictions we face."

Okay, so what happens if the state of emergency isn't extended? 

In the event that the extension is not granted, Mr Sutton will not hold powers to issue health directions.

From 14 September, Victorian residents won't be required to follow health directions like wearing mandatory face masks. Additionally, workplaces wouldn't need to enforce COVID-safe plans. 

As reported by the ABC, Mr Andrews said there were "different options" he could employ if the extension is not granted. 

state of emergency in victoria being extended to 12 months.... pic.twitter.com/cQ5BnqQHOB

— emmy✨ TOH SPOILERS (@embeana) August 24, 2020

Victoria recorded 148 new cases overnight, with eight deaths. The seven-day average for new cases has dipped below 200 for the first time in more than a month.

Update 02/09: A law change to extend Victoria's state of emergency has passed Victoria's Upper House, paving way for its passage through Parliament. 

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