New South Wales Consolidated Acts
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PUBLIC HEALTH ACT 2010
- As at 27 May 2024
- Act 127 of 2010
TABLE OF PROVISIONS
Long Title
PART 1 - PRELIMINARY
1. Name of Act
2. Commencement
3. Objects
4. Responsibilities of local government relating to environmental health
5. Definitions
5A. Local government authority for Western Division
6. Act binds Crown
PART 2 - GENERAL PUBLIC HEALTH
7. Power to deal with public health risks generally
8. Power to deal with public health risks during state of emergency
9. Power to deal with public health risks arising from conduct of public authorities
10. Offence not to comply with Ministerial direction
10A. Order may adopt publication
11. Power to close public premises on public health grounds
12. Power to direct disinfection or destruction of noxious articles
PART 2A - PUBLIC WARNINGS ABOUT HEALTH MATTERS
12A. Public warning statements
12B. No liability for issuing or publishing warning statements
PART 3 - ENVIRONMENTAL HEALTH
Division 1 - Safety measures for drinking water
13. Definitions
14. Evidentiary provision
15. Drinking water must be fit for human consumption
16. Power to take action with respect to unsafe water
17. Offence not to comply with Ministerial direction
18. Power to direct testing of drinking water
19. Power to direct production of information
20. Offence not to comply with Secretary's direction
21. Chief Health Officer responsible for determining necessity for boil water advices
22. Advice to public
23. Correction of misleading information
24. Protection from liability
25. Quality assurance programs
Division 2 - Legionella control
26. Definitions
27. Exemption of certain premises
28. Installation of regulated systems
29. Operation of regulated systems
30. Maintenance of regulated systems
31. Notification required where cooling water or warm-water systems are installed on premises
32. Secretary may give training directions
33. Investigation of outbreaks of Legionnaires' disease
Division 3 - Control of public swimming pools and spa pools
34. Definitions
35. Operation of premises where public pools are situated
36. Disinfection and cleaning of public pools
37. Pools subject to prohibition orders
Division 4 - Control of skin penetration procedures
38. Operation of skin penetration procedures
39. Secretary may give training directions relating to skin penetration procedures
39A. Eyeball tattooing to be carried out by medical practitioner or other qualified person
Division 5 - Improvement notices and prohibition orders
40. Definitions
41. Non-complying premises or procedures
42. Improvement notices
43. Compliance with improvement notice
44. Failure to comply with notice relating to regulated system
45. Prohibition order
46. Request for re-inspection
47. Contravention of prohibition order
48. Administrative review of decision to refuse certificate of clearance
49. Compensation
50. Environmental health registers
PART 4 - SCHEDULED MEDICAL CONDITIONS
Division 1 - Preliminary
51. Definitions
Division 2 - General precautions
52. Precautions against spread of certain medical conditions
53. (Repealed)
Division 3 - Notification and treatment of Category 1, 2 and 3 conditions and other conditions
54. Medical practitioner to notify Secretary of Category 1 and 2 conditions
55. Laboratories to notify Secretary of Category 3 conditions
56. Protection of patient's identity
57. Notification of other conditions
58. District Court may authorise disclosure of name and address
59. Proceedings for offences
Division 4 - Public health orders for Category 4 and 5 conditions
60. Definitions
61. Secretary may direct persons to undergo medical examination or testing
62. Making of public health orders relating to person with Category 4 or 5 condition or contact order condition
63. Duration of public health order
64. NCAT may confirm certain public health orders
65. NCAT may continue public health order
66. NCAT may administratively review public health orders relating to Category 4 conditions
67. Revocation of public health order by authorised medical practitioner
68. Restriction on making of further public health order
69. Inspection of medical records
70. Offence not to comply with public health order
71. Arrest of persons who contravene public health orders
71A. (Repealed)
72. Arrest of escapee
73. Action following arrest or surrender
74. Conditions applicable if person detained pursuant to public health order
75. Unlawful release from detention
76. (Repealed)
PART 5 - OTHER DISEASE CONTROL MEASURES AND NOTIFICATIONS
Division 1 - Sexually transmitted infections
77. Definition
78. Medical practitioners to provide information to patients with sexually transmitted infections
79. Duties of persons in relation to sexually transmissible diseases or conditions
80. Proceedings for offences to be heard in closed court
Division 2 - Notifiable diseases
81. Notifiable disease listings
82. Health practitioners to make hospital CEO aware of notifiable diseases
83. Hospital CEO to notify Secretary of notifiable diseases
Division 3 - Notification of certain deaths
84. Notification of deaths arising after anaesthesia or sedation for operations or procedures
Division 4 - Vaccine preventable diseases
85. Definitions
86. Responsibilities of principals of schools with respect to immunisation
87. Responsibilities of principals of child care facilities with respect to immunisation
88. Responsibilities of principals during outbreaks of vaccine preventable disease
PART 6 - PUBLIC HEALTH AND DISEASES REGISTERS
89-96. (Repealed)
97. Registers that may be established
98. Public health and disease registers
PART 6A - ACCESS TO CERTAIN REPRODUCTIVE HEALTH CLINICS
98A. Definitions
98B. Objects of Part
98C. Interfering with access of persons to reproductive health clinics
98D. Causing actual or potential distress or anxiety to persons in safe access zones
98E. Capturing and distributing visual data of persons in safe access zone
98F. Exemptions from application of Part
PART 7 - MISCELLANEOUS HEALTH SERVICES
Division 1 - Provision and promotion of health services
99. Advertisement or promotion of health services
Division 2 - Provision of health services by non-registered health practitioners and relevant health organisations
100. Codes of conduct for non-registered health practitioners and relevant health organisations
Division 3 - Provision of health services by persons who are de-registered or subject to prohibition orders
101. Definitions
102. Provision of health services by persons who are de-registered or subject to prohibition orders
103. Advertising of health services if person is de-registered or subject to a prohibition order
Division 4 - Nursing homes
104. Nursing homes to be staffed by registered nurses
PART 8 - ENFORCEMENT OF ACT
Division 1 - General inspections and inquiries
105. Inspection of documents
106. Inquiries by Secretary
107. Inspection of, and extracts from, births, deaths and marriages registers
108. Powers of authorised officers to enter premises
109. Search warrants
Division 2 - Power to demand information
110. Power of authorised officers to require answers
111. Requirement to provide information and documents
112. Power of authorised officers to direct name and address to be provided
Division 3 - Offences
113. Offence not to comply with direction
114. Provisions relating to requirements to furnish documents, information or answer questions
115. Offence to impersonate authorised officer
116. Offence to obstruct or assault persons exercising their functions
117. Proceedings for offences
118. Penalty notices
119. Offences by corporations
120. Continuing offences
PART 9 - ADMINISTRATION
Division 1 - Public health officers
121. Appointment of public health officers
122. Functions of public health officers
123. Public health officers may give certain orders under Local Government Act 1993
124. Exercise by public health officers of functions of authorised officers
125. Delegation of public health officer's functions
Division 2 - Authorised officers
126. Appointment of authorised officers
127. Functions of authorised officers
127A. Identification
Division 3 - Miscellaneous
128. Delegation of Chief Health Officer's functions
129. Revocation or variation of notices or directions
129A. Notification of deaths by Registrar of Births, Deaths and Marriages
130. Disclosure of information
130A. Secretary cannot be compelled to produce certain information in proceedings
131. Service of documents
131A. Annual reporting information
132. Exclusion of liability of the State and others
133. Exclusion of personal liability
134. Regulations
135. COVID-19 emergency measures
136. Review of amendments made by Public Health Amendment (Review) Act 2017
SCHEDULE 1
SCHEDULE 1A
SCHEDULE 2
SCHEDULE 3
Schedule 4 (Repealed)
SCHEDULE 5
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