Until late 2021, the COVID-19 pandemic was mostly managed through the legislative instruments of the chief health officers. In December 2021, the Parliament of Victoria enacted the Public Health and Wellbeing Amendment (Pandemic Management) Act 2021 (Vic), and other jurisdictions are sure to follow. Calls for harmonisation have already been voiced. How will the jurisdictions follow? Will each jurisdiction become a state laboratory or, if harmonisation is pursued, will this path lie through intended, spontaneous or secret harmonisation?

National uniform legislation underpins major national reforms in Australia, such as the harmonisation of work health and safety, Trans-Tasman mutual recognition, defamation and counterterrorism protection legislation, to name a few. We have all been involved, or heard of our colleagues’ involvement, in harmonisation initiatives. These initiatives are products of co-operative federalism and are part of the reality of being a modern regulator working within the federal distribution of legislative powers according to section 51 of the Australian Constitution.