The state of emergency is a powerful tool that allows governments to circumvent many of the normal democratic checks and balances that govern their operations. It allows for broad regulations to be put in place, including suspending many regular civil rights. It is used to deal with a wide range of situations from natural disasters to industrial unrest. It is used by both democracies and dictatorships. It can be invoked for a limited time or extended for the life of the regime.
It is important for State officials to understand the requirements for declaring emergencies and the powers that do/do not flow from this declaration. Often, State officials have existing broad statutory authorities to address emergencies by virtue of their positions without formally declaring a state of emergency.
Federally, a State of Emergency can allow the President to activate a host of Federal programs to assist States in their response and recovery efforts. However, the President is required to notify Congress of a State of Emergency in order for this to occur.
State emergencies can also be declared by local governments and municipalities. These are generally more limited in scope and duration, but can significantly impact the public and private sector during a disaster.
The Victorian Premier has the power to immediately make regulations in the event of a “state of emergency” (as defined by the Public Safety Preservation Act 1958) when there is a threat to employment, safety or public order. The duration of these regulations is usually 30 days, but can be revoked earlier or extended by Parliament.