Each law below was passed for a stated reason, and some respond to real problems. This page sets out what each one allows, so readers can weigh the trade-off for themselves.
Key findings
1. The pandemic powers: what went and what stayed
- Fact: WA was under a state of emergency from 15 March 2020 until 4 November 2022, renewed every 14 days. The Government's review notes that under both Acts "there is no limit on the number of times a state of emergency may be extended". In October 2022 Parliament passed a temporary COVID-19 scheme letting the State Emergency Coordinator make "COVID-19 declarations" of up to 3 months at a time, each renewable for a further 3 months, with powers over movement, property and people exposed to the virus. The Act provided for this Part to be deleted after 2 years, and it is no longer in the Emergency Management Act 2005. The general state of emergency powers in the Emergency Management Act 2005 and Public Health Act 2016 remain, and that review called, "as a priority", for a review of the pandemic-related parts of both Acts.
- Our read: the sunset clause worked. The question now is what the promised review puts back in, and with what checks.
Sources: Emergency Management Amendment (Temporary COVID-19 Provisions) Act 2022; Emergency Management Act 2005, current version; Review of WA's COVID-19 Management and Response, 2023, Recommendation 1
2. Metal detector scans without a warrant
- Fact: From December 2024, a senior officer can declare an area where police may require anyone in a public place to stop and be scanned with a hand-held metal detector. WA Police say there are "no age restrictions". Refusing to produce a detected object can bring up to 12 months in prison.
Source: WA Police, WA knife and edged weapon laws
3. Consorting can be a crime
- Fact: Under the Criminal Law (Unlawful Consorting and Prohibited Insignia) Act 2021, a person given a consorting notice who then consorts with a named offender on 2 or more occasions commits a crime punishable by up to 5 years in prison. The Act also bans the public display of the insignia of identified organisations.
Source: Criminal Law (Unlawful Consorting and Prohibited Insignia) Act 2021
4. A cap on firearms and compulsory health checks
- Fact: The Firearms Act 2024 limits an individual licence to 10 firearms, and a hunting licence to 5. Licence holders must meet new health standards, including a medical assessment.
Sources: Firearms Act 2024, s30; Firearm Authority Health Standards
What could change
- Put a sunset clause and a public review in every new police power, as the COVID scheme had.
- Publish yearly how often each power is used, on whom and with what result.
- Have Parliament, not the executive, approve any extension of emergency powers beyond 14 days.