Roles and Functions

Functions of the Committee
The functions of the Pandemic Declaration Accountability and Oversight Committee (PDAOC) are described in Division 4 of Part 8A of the Public Health and Wellbeing Act 2008 (the Act).

Reports and recommendations by the committee
The PDAOC may report to each House of Parliament if it considers that a pandemic order, or an instrument that extends, varies or revokes a pandemic order:

a)  does not appear to be within the powers conferred by the Act; or
b)  without clear and express authority being conferred by the Act —
      i.    has a retrospective effect; or
      ii.   imposes any tax, fee, fine, imprisonment or other penalty; or
      iii.  purports to shift the legal burden of proof to a person accused of an offence; or
      iv.  provides for the subdelegation of powers delegated by the Act; or
c)  is incompatible with the human rights set out in the Charter of Human Rights and Responsibilities (s165AS(1)).

The PDAOC may make recommendations it considers appropriate, including that an order be disallowed or amended in whole or in part. However, the committee can only make a recommendation for a disallowance after it has considered advice from the Independent Pandemic Management Advisory Committee (IPMAC) (s165AS(2) & (3)).