Emergency powers and pandemics : federalism and the management of public health emergencies in Australia

Under the International Health Regulations 2005 Australia is obliged to develop a domestic framework designed to equip it to respond to public health emergencies. The legislative arrangements for the declaration of a public health emergency in Australia are complex, vary across state jurisdictions and intersect with other emergency powers. The task of harmonising laws and other arrangements within a federal system poses both challenges and opportunities for flexibility and choice. This article argues that Australia's current multi-strand and multi-level response provides a coordinated framework which also accommodates desirable levels of flexibility and choice.