The
National Emergency Declaration Act 2020 (the NED Act) is the Australian Government’s primary all-hazards emergency management legislation. It supports a quick and effective response when an emergency has recently caused, is causing, or is likely to cause nationally significant harm.
‘Nationally significant harm’ is defined in the NED Act as harm that has a significant national impact because of its scale or consequences, and involves one or more of the following:
- harm to the life or health, including mental health, of individuals or groups
- harm to the life or health of animals or plants
- damage to property, including infrastructure
- harm to the environment
- disruption to an essential service.
Declaring a National Emergency
If the Prime Minister is satisfied of certain conditions outlined in section 11 of the NED Act, the Governor-General may, on the advice of the Prime Minister, declare a National Emergency. State and territory governments can also request that a National Emergency Declaration be considered.
The following visual diagram sets out the process for declaring a National Emergency.
What a National Emergency Declaration does
Declaring a National Emergency signals the seriousness of an emergency to the Australian public and all levels of government.
When a National Emergency Declaration is in force:
- certain emergency powers, designated as national emergency laws in section 10 of the NED Act, may be used more quickly to respond to the emergency,
- ministers may make limited modifications to certain laws, in order to cut administrative ‘red tape’ where doing so would benefit the Australian public, and/or
- the Prime Minister can require Commonwealth entities to provide information about emergency stockpiles, resources and response options.
What a National Emergency Declaration does not do
States and territories have primary responsibility for emergency management in their jurisdictions. A National Emergency Declaration does not replace these state and territory emergency management arrangements. The Commonwealth supports state and territory emergency responses that require national coordination or capabilities.
A National Emergency Declaration is not intended to assist the Commonwealth manage slow-onset or chronic natural hazards, such as algal blooms, droughts or coastal erosion.
