As Malta grapples with a dramatic resurgence in COVID-19, public health chief Charmaine Gauci is again in the spotlight as demands for action grow. 

At least 50 new cases are expected to be announced this afternoon, as doctors call for an outright ban on public events, thought to be the cause of the recent spike.

So, what can the superintendent of public health do? 

According to the Public Health Act, quite a lot. Gauci's overarching role is to issue standards for public health but she has specific powers in a pandemic.

Although Health Minister Chris Fearne has the power to make public health regulations, as superintendent, Gauci is the one responsible for rules on epidemics and infectious diseases. 

The superintendent can “make, vary or revoke orders prescribing” measures to guard against or control dangerous epidemics or infectious disease, including regulations that ensure “the prevention or mitigation” of the disease.

And if the state of public health deteriorates, Gauci may even declare a state of emergency that would give her yet more power to call the shots. 

During the public health emergency from March to July, vulnerable people were urged to stay indoors. Photo: Matthew Mirabelli

Malta had been in such a state from the first case was confirmed in March 7 until July, when all restrictions to control the spread of coronavirus were lifted.

It remains unclear whether, in light of the resurgence in cases, Gauci will again declare that the island is in a state of emergency.

Earlier this week, she told Times of Malta: "‘If we keep on going the way we are, I will be worried."

What would a state of emergency mean?

After declaring a public health emergency, the superintendent would also have the power to segregate, isolate or evacuate people, prevent access to places, and control movement of vehicles.

She can also order that any person undergo a medical examination and that any substance or object be seized, destroyed or disposed of. 

Gauci would also be able to order any other action she deems appropriate to be taken. 

“Any person who does not comply with any direction by the superintendent given by virtue of this article shall be guilty of an offence against this act,” the law states.