The DOI matches its Crossref record.
All Bets on the Executive(s)! The Australian Response to COVID-19
Open accessAbstract
This chapter examines the response of the Australian Federal and State governments to the COVID-19 pandemic. While successful in limiting the spread of the virus, the response caused significant challenges from a rule of law perspective. Executive powers were exercised after the declaration of states of emergency in a quasi-vacuum of checks and balances, with little parliamentary or judicial scrutiny and no clear end date. The prolonged international isolation, coupled with the uneven distribution of consequences attached to intermittent restrictions, put the institutional and legal framework of Australia to the test. The picture emerging is one where all bets are on the executives to exercise their significant emergency powers effectively and as reasonably as possible. But few substantive accountability mechanisms are in place while the pandemic (at the time of writing in July 2021) is still ongoing and so are the states of emergency.
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“However, in August 2021 the Federal Government announced a COVID-19 vaccine claims scheme for vaccine related injuries and deaths (Rizzi, et al. 2021).”
From Ethical Principles in Legal Context: Vaccine Mandates During the COVID-19 Pandemic in Australia (2026) · cites this paper as Rizzi, et al. 2021
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Research works printed but not linked: 31
- Christopher John, 2020, Controlled Border for Western Australia Directions' are in their 28 th iteration -cfr 'Controlled Border for Western Australia Amendment Directions
- 2005, WA), s 77(2A)(c), Emergency Management Act, 29
- Emergency Management Amendment (COVID-19 Response) Act 2020 (WA), s 13(1)(b)
- 2005, Emergency Management Act
- Vander Sanden V Johnson, 2020, WASC 331; Johnson v Vander Sanden, 27
- 2021, Restrictions for Impacted Areas, Similar measures were adopted by Western Australia and the Northern Territory around the same dates
- Aisha Dow, 2021, NSW Too Slow to Lock Down so Borders Should be Closed: Epidemiologists' (The Age, 28
- 2021, What's Gone Wrong with Australia's Vaccine Rollout?' (BBC News, 17
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- 2021, Our World in Data, 'Coronavirus (COVID-19) Vaccinations' (Statistics and Research, 30
- Australian Government, 2021, COVID-19 Vaccine and Treatment Strategy' (Department of Health, 27
- Australian Government, 2020, Australian COVID-19 Vaccination Policy, 2
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- 2021, Email from COVID-19 Vaccine Taskforce to the lead author
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- Human Rights (Parliamentary Scrutiny) Act 2011 (Cth), s 9
- 2020, Parliamentary Joint Committee on Human Rights, 12
- 2021, Newman v Minister for Health and Aged Care, FCA, 517
- Australia does not have a constitutional or statutory bill of rights at the Federal level. Queensland, Victoria and the ACT are the only jurisdictions to have introduced human rights legislation. No constitutional right of entry for citizens exists
- 2020, NSWCA 109; Commissioner of Police v Gray, NSWSC, 727
- O' Maria, 2020, Protest in a Pandemic -The Special Status of Public Spaces'
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- Victorian Ombudsman, 2020, Investigation into the Detention and Treatment of Public Housing Residents Arising from a COVID-19 'Hard Lockdown
- Victoria Premier, 2020, Statement on Victorian Ombudsman Housing Report
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Ethical Principles in Legal Context: Vaccine Mandates During the COVID-19 Pandemic in Australia
Thomasson, A., Williams, J., Drislane, S., & Rizzi, M. (2026) · Journal of Bioethical Inquiry · doi:10.1007/s11673-026-10570-8 · Cited by 1
Self-citation
Metadata
- Authors
- Rizzi, M., & Tulich, T.
- Affiliations
- The University of Western Australia (AU)
- Corresponding author
- Rizzi, Marco
- Venue
- SSRN Electronic Journal
- Publisher
- Elsevier BV
- Published
- 2021
- Pages
- 457-470
- ISSN
- 1556-5068
- OpenAlex
- W4220676869
- Cited by
- 3
- References
- 0
- Citations by year
- 2026: 1 · 2024: 1 · 2023: 1
- FWCI
- 3.31
- Type
- book chapter
- Language
- en
- Open access
- bronze
- doi.org
- Locations
- Routledge eBooks (publishedVersion)
- SSRN Electronic Journal (publishedVersion)
- UWA Profiles and Research Repository (UWA) (submittedVersion, other-oa)
- Topics
- Health Sciences › Medicine › Public Health, Environmental and Occupational Health › Legal, Health, Environmental and COVID-19 Challenges
- Social Sciences › Political Science and International Relations › Commonwealth, Australian Politics and Federalism
- Social Sciences › Law › Administrative Law and Governance
- Keywords
- COVID-19 pandemic, executive power, state of emergency, rule of law, checks and balances, parliamentary oversight, judicial review, government accountability, pandemic restrictions, international isolation
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