Quarantine and Travel Health

Human Quarantine Legislation Review

This page contains information on the review of human quarantine provisions of the Quarantine Act 1908 which was undertaken in 2000.

In 2000, the Department of Health and Aged Care undertook a review of the human quarantine provisions of the Quarantine Act 1908, with a view to updating and improving the legislative framework for human quarantine activities in Australia. The Review was overseen by the Human Quarantine Legislation Review Steering Committee, which was chaired by the Chief Medical Officer and Director of Human Quarantine and comprised representatives from relevant Commonwealth agencies and a representative of the States and Territories' Chief Quarantine Officers.

The Human Quarantine Legislation Review Discussion Paper (PDF 158 KB) was released for public consultation on 15 April 2000. The Review received 37 submissions. The Review identified several issues that would benefit from immediate amendment to update the legislation and/or to ensure the legislation is consistent with contemporary policy and practice. Such amendments include:

• incorporation of appropriate checks and balances and review and appeal mechanisms;
• ensuring that policy practices such as pratique reporting by exception and vector control activities around the sea and airports are appropriately supported by the legislation;
• repealing outdated provisions; and
• resolving conflicts and ambiguities.

However, the Review also identified several complex issues that will require further consideration and consultation before decisions can be made on how to proceed.

On 20 December 2000, the Minister for Health approved the Human Quarantine Legislation Review Final Report (PDF 168 KB). Work to implement the recommendations will commence on 2 levels:

• Level 1 will involve preparation of drafting instructions to resolve conflicts and ambiguities, and better align the legislation with current policy and practice;
• Level 2 will involve undertaking a strategic examination of human quarantine in the context of current and future communicable disease management.

Work on the Human Quarantine Amendment process (level 1) commenced early in 2001. The Department is considering how best to undertake the strategic examination (level 2).

If you are having difficulty downloading the PDF document(s) please email ohp.webmaster@health.gov.au and we will arrange for an alternative format or a copy to be sent to you.