Today’s question returns to the COVID 19 response in Victoria and today’s correspondent has
… heard via the media, that police have new powers further the State of Disaster declaration In Victoria to enter private property without a warrant.
I find nowhere in the Act that provides for such and ask for your opinion out of sheer curiosity.
Frankly I find it very hard to believe that is the case.
Looking forward to reading your comment on the matter
I was referreed to an article in ‘The Age’ Sherryn Groch ‘Victoria is in a state of disaster. What does that mean and what are the rules now? (August 5, 2020). That article says:
But a state of disaster goes beyond health; it is usually intended for crises wrought by nature or by malicious attackers. It allows the state’s Emergency Minister (in this case, Lisa Neville) to direct government agencies and allocate resources as well as controlling movement within the disaster area when a threat is deemed to pose “a significant and widespread danger to life or property”. Police can be deemed “authorised officers”, Neville has said, able to enter private property when they believe rules are being breached.
I cannot see that this is correct. The term ‘authorised officer’ does not appear in either of the Emergency Management Acts of 1986 and 2013 (Vic) nor is there any specific power to enter premises in those Acts. The term ‘authorised officer’ does appear in the Public Health and Wellbeing Act 2008 (Vic) as does the power to enter premises, sometimes without warrant (ss 168-170).
The declaration of the state of disaster issued on 2 August can be found in the Victorian Government Gazette; but I cannot find any directions or orders made pursuant to that declaration. The Victorian COVID page only provides information on ‘Directions issued by Victoria’s Chief Health Officer’ under the state of emergency under the Public Health and Wellbeing Act. Emergency Management Victoria refers people to the DHHS website.
In short I cannot see what the article is referring to or that ‘the State of Disaster declaration In Victoria [allows police] to enter private property without a warrant’. Those powers do exist, but they are in the Public Health and Wellbeing Act.
Australian Emergency Law 
Using the State of Disaster, the Minister for Police and Emergency Services has directed that police are authorised officers under the Public Health and Well-being Act.
The good news is that the Victorian legislation requires a report to be tabled in parliament on what powers are exercised under both the State of Emergency and State of Disaster, which provide further detail. As far as I’m aware this is a unique requirement in Victoria, not found in any other jurisdiction’s legislation . The report on the State of Disaster is here: https://parliament.vic.gov.au/council/tabled-documents/search-tabled-documents/details/3/9708 and a new report on the State of Emergency is here: https://parliament.vic.gov.au/council/tabled-documents/search-tabled-documents/details/3/9709
Note the “Ministerial Direction made under s 24(2)(a) of the EM Act by the Minister for Police and Emergency Services directing police officers and protective service officers to exercise the public health risk powers contained in sections 190(1)(c), 190(1)(d), 190(1)(e), and 190(1)(f) of the PHW Act, subject to sections 190(2)-(4), 190(7), 190(8) of the PHW Act.”