“The Royal Commission into National Natural Disaster Arrangements has published an Issues Paper, “Constitutional Framework for the Declaration of a State of National Emergency”, which is available on the Commission’s website. This paper explores legal and constitutional questions surrounding the concept of a declaration of a ‘state of national emergency’ by the Commonwealth of Australia, and how this might operate and interact with existing state and territory emergency management frameworks.

The paper poses three questions, on which the Royal Commission invites comment by 25 May 2020. If you would like to provide comment, please email the Royal Commission.”

For my take on the answers to this question see these posts:

and these published papers: