Australian state government suspends parts of constitution for Y2K
contributed by Randy Palmer

Y2K disaster law given go-ahead

By DAN TEBBUTT, IAN GRAYSON
16nov99

THE Victorian Government is going it alone with far-reaching Year 2000 emergency legislation that suspends parts of the state constitution.

Other states and territories have no plans to invoke similar legislation, believing existing laws will be sufficient to cover any problems.

Only the ACT is adding to existing emergency laws. A general-purpose Emergency Management Bill currently before the ACT Assembly includes provisions for "major and systemic technological failure".

The Victorian move comes after the Longford gas explosion last year revealed Victoria's disaster provisions to be outdated.

The laws go beyond existing emergency measures by giving the Government extraordinary powers to deal with any computer-related breakdown in vital infrastructure.

The Bracks Government last week introduced the Essential Services (Year 2000) Bill to ensure it is fully equipped to deal with unforeseen emergency issues.

The Victorian law will give ministers "power to give directions to any person for the purpose of maintaining or resuming essential services".

Orders could include rationing or restricting access to anything declared an essential service by Victorian Governor Sir James Gobbo.

"In addition, there will be tough enforcement provisions to punish persons or corporations who feel their own needs to be more important than those of their fellow Victorians," Transport Minister Peter Batchelor told Parliament.

The Longford explosion showed the lack of suitable emergency powers in Victoria, Mr Batchelor said.

A clause in the Bill will amend the state constitution to prevent court action against any person "acting in good faith" under the Y2K law.

While conceding some people may believe the emergency powers "are so broad as to be draconian", Mr Batchelor said private and public sector groups have had opportunity to ensure Y2K readiness and undertake contingency planning.

The legislation is expected to be passed early next month. A June 30, 2001, sunset clause is included.

www.vic.gov.au

www.year2000.gov.au

This article is located at
http://technology.news.com.au/news/4241002.htm

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