New South Wales Consolidated Acts

PUBLIC HEALTH ACT 2010

- As at 27 September 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