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PUBLIC HEALTH ACT 2005


- As at 27 May 2022 
- Act 48 of 2005 

TABLE OF PROVISIONS

           Long Title

CHAPTER 1 - PRELIMINARY

   PART 1 - INTRODUCTION

   1.      Short title
   2.      Commencement
   3.      Act binds all persons
   4.      Contravention of this Act does not create civil cause of action
   5.      Act does not affect other rights or remedies

   PART 2 - OBJECT

   6.      Object of Act
   7.      How object is mainly achieved

   PART 3 - INTERPRETATION

   8.      Definitions
   9.      Notes in text

CHAPTER 2 - ENVIRONMENTAL HEALTH

   PART 1 - PUBLIC HEALTH RISKS

   10.     Definitions for ch 2
   11.     Meaning of public health risk

   PART 2 - ROLES OF THE STATE AND LOCAL GOVERNMENTS FOR PUBLIC HEALTH RISKS

   12.     When Act administered only by the State
   13.     When Act administered only by local governments
   14.     When State and local governments administer this Act in partnership
   15.     Action by the State if local government does not administer and enforce this Act
   16.     Procedure before taking action under s 15
   17.     State may require report from local government
   18.     Regulation to prescribe who is to administer this Act for particular public health risks
   19.     Effect of Act on local laws
   20.     Application of Local Government Act 2009

   PART 3 - PUBLIC HEALTH ORDERS

           Division 1 - Preliminary

   21.     What public health order may require
   22.     Public health orders about animals

           Division 2 - Giving public health orders

   23.     Public health orders

           Division 3 - Enforcement of public health orders

   24.     Issuing authority may apply for enforcement order
   25.     Notice of hearing must be given
   26.     When magistrate may order enforcement
   27.     What enforcement order may require
   28.     Person must comply with enforcement order
   29.     Application may be dealt with in proceeding for offence

           Division 4 - Taking steps under enforcement order

   30.     Procedure before entry under enforcement order
   31.     Costs under enforcement order recoverable as a debt
   32.     Cost under enforcement order a charge over land

           Division 5 - Recovery of costs from third parties

   33.     Recipient may apply for contribution
   34.     Notice of hearing of cost recovery order must be given
   35.     When magistrates court may make cost recovery order

   PART 4 - AUTHORISED PREVENTION AND CONTROL PROGRAMS

   36.     Chief executive may authorise prevention and control program
   37.     What chief executive’s authorisation must state
   38.     Publication of authorisation
   39.     Who may undertake prevention and control program
   40.     Powers available for prevention and control program
   41.     Power of authorised persons to enter place for prevention and control program
   42.     Notification of entry
   43.     Powers of authorised persons after entry
   44.     Failure to help authorised person
   45.     Person must not interfere with steps taken
   46.     Notification of prevention and control program

   PART 5 - ENVIRONMENTAL HEALTH EVENTS

           Division 1 - Definition

   47.     Meaning of environmental health event

           Division 2 - Establishment of environmental health event register

   48.     Environmental health event register
   49.     Purposes of register
   50.     What register must contain

           Division 3 - Notifications about environmental health event register

   51.     Notification of establishment of register
   52.     Notification inviting inclusion in register

           Division 4 - Confidentiality and use of information supplied for environmental health event register

   53.     Definitions for div 4
   54.     Restriction on inconsistent use of information
   55.     Confidentiality of information
   56.     Release of information for an investigation under the Coroners Act
   57.     Use of environmental health event register

   PART 5A - PROVISIONS ABOUT DRINKING WATER AND RECYCLED WATER

           Division 1 - Improvement notices

   57A.    Improvement notice
   57B.    Record of compliance with improvement notice

           Division 2 - Offences about supply of drinking water or recycled water

              Subdivision 1 - Preliminary

   57C.    When drinking water is unsafe
   57D.    When recycled water is fit for use

              Subdivision 2 - Offences

   57E.    Supply of unsafe drinking water
   57F.    Supply of recycled water that is not fit for use

           Division 3 - Information requests

   57G.    Power to require information
   57H.    Failure to give information

   PART 6 - LEAD

   58.     Lead in buildings must not be accessible to children
   59.     Lead must not be used in water collection

   PART 7 - PAINT

   60.     Person must comply with standard

   PART 8 - REGULATIONS ABOUT PUBLIC HEALTH RISKS

   61.     Regulations about public health risks

CHAPTER 2A - WATER RISK MANAGEMENT PLANS

   PART 1 - PRELIMINARY

   61A.    Definitions for chapter
   61B.    Operation of chs 2 and 2A

   PART 2 - REQUIREMENT AND CONTENT OF PLANS

   61C.    Requirement for water risk management plans
   61D.    Content of water risk management plans
   61E.    Amending water risk management plans

   PART 3 - COMPLIANCE

   61F.    Obligation to give chief executive copy of water risk management plans
   61G.    Complying with water risk management plans
   61H.    Obligation to notify chief executive of Legionella
   61I.    Obligation to give chief executive reports
   61J.    False or misleading reports
   61K.    Chief executive may publish reports

CHAPTER 3 - NOTIFIABLE CONDITIONS

   PART 1 - DEFINITIONS, PURPOSE OF CHAPTER AND GUIDING PRINCIPLES

   62.     Definitions for ch 3
   63.     Meaning of controlled notifiable condition
   64.     Meaning of notifiable condition
   65.     Purpose of ch 3
   66.     Guiding principles for ch 3

   PART 2 - NOTIFIABLE CONDITIONS REGISTER

           Division 1 - Establishment and purpose of Notifiable Conditions Register

   67.     Register
   68.     Purposes of register

           Division 2 - Notices about notifiable conditions

   69.     Application of div 2
   70.     When a doctor must notify
   71.     When the person in charge of hospital must notify
   72.     When the director of a pathology laboratory must notify a pathological diagnosis notifiable condition
   73.     When the director of a pathology laboratory must notify pathology request notifiable condition
   74.     Anonymity coding
   75.     Further information may be required

           Division 3 - Confidentiality of information and use of information supplied for Notifiable Conditions Register

   76.     Definitions for div 3
   77.     Confidentiality of information
   78.     Disclosure under an Act or another law
   79.     Disclosure under Act or with written consent etc.
   80.     Disclosure about notifiable conditions and contact tracing
   81.     Disclosure of confidential information in the public interest
   82.     Disclosure for data collection and public health monitoring
   83.     Disclosure for purposes relating to health services
   84.     Disclosure to Commonwealth, another State or Commonwealth or State entity
   85.     Disclosure to allow chief executive to act
   86.     Release of information for an investigation under the Coroners Act
   87.     Use of Notifiable Conditions Register
   88.     Access to information in register for serious offence

   PART 3 - CONTACT TRACING

           Division 1 - Contact tracing officers

   89.     Functions of contact tracing officer
   90.     Appointment of contact tracing officer by chief executive
   91.     Qualifications for appointment
   92.     Appointment conditions and limit on powers
   93.     Issue of identity card
   94.     Production or display of identity card
   95.     When contact tracing officer ceases to hold office
   96.     Resignation
   97.     Return of identity card

           Division 2 - Obtaining contact information

   98.     Definitions for div 2
   99.     Power to require contact information
   100.    Failure to give contact information
   101.    Power to require business contact information
   102.    Failure to give business contact information
   103.    Obtaining contact information from health information held by a health agency

           Division 3 - Confidentiality of information and use of information supplied for contact tracing

   104.    Definitions for div 3
   104A.   Extraterritorial operation
   105.    Confidentiality of information
   106.    Disclosure under an Act or another law
   107.    Disclosure under Act or with written consent etc.
   108.    Disclosure to protect health of person
   108A.   Disclosure for contact tracing purposes
   109.    Disclosure of confidential information in the public interest
   110.    Disclosure to allow chief executive to act
   111.    Use of contact information and business contact information

   PART 4 - ORDERS BY CHIEF EXECUTIVE ABOUT CONTROLLED NOTIFIABLE CONDITIONS

           Division 1 - Preliminary

   112.    Definition for pt 4

           Division 2 - Orders by chief executive

   113.    Chief executive may order detention
   114.    Enforcement of chief executive’s order
   115.    Duration of chief executive’s order

   PART 5 - ORDERS BY MAGISTRATE ABOUT CONTROLLED NOTIFIABLE CONDITIONS

           Division 1 - General

   116.    Applying for controlled notifiable conditions order
   117.    Deciding application in person’s absence

           Division 2 - Initial examination orders

   118.    Making initial examination order
   119.    What initial examination order may provide
   120.    Service of initial examination order
   121.    Person must remain at place of detention and undergo medical examination
   122.    When period of detention starts
   123.    Details of medical examination must be explained
   124.    When detained person must be released before the end of initial examination order

           Division 3 - Behavioural orders

   125.    Making behavioural order
   126.    What behavioural order may provide
   127.    Service of behavioural order
   128.    Person must comply with behavioural order

           Division 4 - Detention orders

   129.    Making detention order
   130.    What detention order may provide
   131.    Service of detention order
   132.    Person must remain at place of detention and undergo medical examination or treatment
   133.    Details of medical examination or treatment must be explained

           Division 5 - Extension, variation or revocation of controlled notifiable conditions orders

   134.    Extension of behavioural or detention orders
   135.    Variation and revocation of initial examination, behavioural or detention orders

           Division 6 - Warrants

   136.    Application for warrant for apprehension
   137.    Issue of warrant
   138.    Application by electronic communication and duplicate warrant
   139.    Defect in relation to a warrant

           Division 7 - Procedure for entry under orders and warrants

   140.    Procedure before entry—orders
   141.    Procedure before entry—warrants

           Division 8 - Appeals against magistrate’s decisions

   142.    Appeal against decision on application for controlled notifiable conditions order or extension of order

   PART 6 - RECKLESS SPREAD OF CONTROLLED NOTIFIABLE CONDITIONS

   143.    Person must not recklessly spread controlled notifiable condition

   PART 7 - PROCEEDINGS

   144.    How proceedings under this chapter heard

   PART 8 - OTHER MATTERS ABOUT CONTROLLED NOTIFIABLE CONDITIONS ORDERS

   145.    Person may give information necessary for authorised person’s safety
   146.    Obstructing persons exercising powers

CHAPTER 4 - INFECTION CONTROL FOR HEALTH CARE FACILITIES

   PART 1 - PRELIMINARY

   147.    Definitions for ch 4
   148.    Meaning of declared health service
   149.    Meaning of health care facility
   150.    Application of ch 4

   PART 2 - GENERAL OBLIGATION TO MINIMISE INFECTION RISKS FOR DECLARED HEALTH SERVICES

   151.    Obligation to minimise risk of infection

   PART 3 - INFECTION CONTROL MANAGEMENT PLANS

   152.    What is an infection control management plan
   153.    Obligation of owner for ICMP
   154.    Obligation of owner/operator for ICMP
   155.    What an ICMP must contain
   156.    Time for developing and implementing an ICMP
   156A.   Giving copy of ICMP and information to authorised person
   156B.   Amending ICMP

   PART 3A - IMPROVEMENT NOTICES AND DIRECTIONS NOTICES

   156C.   Improvement notice
   156D.   Record of compliance with improvement notice
   156E.   Directions notice
   156F.   Chief executive may extend directions notice
   156G.   Court order may extend directions notice
   156H.   Offence to fail to comply with a directions notice
   156I.   Record of compliance with directions notice

   PART 4 - REPORTING CONTRAVENTIONS OF CHAPTER 4 TO OTHER ENTITIES

   157.    Chief executive may report contraventions

CHAPTER 4A - HEALTH OF PERSONS WITH MAJOR DISTURBANCE IN MENTAL CAPACITY

   PART 1 - PRELIMINARY

   157A.   Definitions for ch 4A

   PART 2 - TAKING PERSONS TO TREATMENT OR CARE PLACE

   157B.   Ambulance officer or police officer may detain and transport person
   157C.   What ambulance officer or police officer must tell person
   157D.   Giving emergency examination authority
   157E.   Detention in treatment or care place
   157F.   Examination

   PART 3 - RETURN OF PERSONS WHO ABSCOND

   157G.   Application of pt 3
   157H.   Person in charge of facility may require return of absent person
   157I.   Duration of authorisation or request
   157J.   Authorised person may transport absent person
   157K.   Effect on examination period

   PART 4 - POWERS

   157L.   Use of force to detain and transport
   157M.   Transfer to another treatment or care place
   157N.   Use of reasonable force to detain person
   157O.   Examination of person without consent and with use of reasonable force
   157P.   Return after examination or treatment and care to person’s requested place

   PART 5 - WARRANT FOR APPREHENSION OF PERSON TO TRANSPORT PERSON

   157Q.   Application for warrant for apprehension of person
   157R.   Issue of warrant
   157S.   Electronic application
   157T.   Additional procedure if electronic application
   157U.   Defect in relation to a warrant
   157V.   Warrants—entry procedure

   PART 6 - SEARCHES OF PERSONS IN TREATMENT OR CARE PLACE

   157W.   Application of pt 6
   157X.   Definitions for pt 6
   157Y.   Power to search on belief of possession of harmful thing
   157Z.   Requirements for personal search
   157ZA.  Requirements for search requiring the removal of clothing
   157ZB.  Requirements for search of possessions
   157ZC.  Record of search must be made
   157ZD.  Seizure of harmful thing
   157ZE.  Receipt for seized thing
   157ZF.  Access to seized thing

   PART 7 - MISCELLANEOUS

   157ZG.  Relationship with Guardianship and Administration Act 2000

CHAPTER 5 - CHILD HEALTH

   PART 1 - DEFINITIONS

   158.    Definitions for ch 5
   159.    Who is a parent
   160.    What is a prescribed period for a contagious condition

   PART 2 - CONTAGIOUS CONDITIONS

           Division 1AA - Exclusion of unvaccinated children from particular services

   160A.   Definitions for div 1AA
   160B.   When person in charge may exclude child not yet enrolled
   160C.   When person in charge may exclude enrolled child
   160D.   Immunisation status of children allowed to attend without statement

           Division 1 - Directions about attendance of children at a school, education and care service or QEC approved service

   161.    When parent must not send a child to school, education and care service or QEC approved service
   162.    When teacher or educator must advise person in charge
   163.    Person in charge may advise parent about suspicion of contagious condition
   164.    Person in charge may direct parent not to send child to school, education and care service or QEC approved service
   165.    Person in charge may advise parent of child not vaccinated about suspicion of vaccine preventable condition
   166.    Person in charge may direct parent not to send child to school, education and care service or QEC approved service
   167.    Chief executive may authorise examination of children at school, education and care service or QEC approved service
   168.    Chief executive must advise parent about examination
   169.    Chief executive may direct person in charge in relation to child
   170.    Person in charge must include information in direction
   171.    When person in charge may readmit child before prescribed period ends

           Division 2 - Information sharing

   172.    Chief executive may require details if child suspected of having a contagious condition
   173.    Giving health information held by a health agency

           Division 3 - Confidentiality of information and protection for persons

   174.    Definitions for div 3
   175.    Confidentiality of information
   176.    Disclosure under an Act or another law
   177.    Disclosure under Act or with written consent etc.
   178.    Disclosure to a person to help prevent or minimise transmission of a contagious condition
   179.    Protection for persons acting under pt 2

           Division 4 - Other action to control contagious conditions

   180.    Directions to person in charge of school, education and care service or QEC approved service
   181.    Temporary closure of school, education and care service or QEC approved service

           Division 5 - Review of order to close school, education and care service or QEC approved service

   182.    Review of Minister’s order to close school, education and care service or QEC approved service
   183.    (Repealed)

           Division 6 - Approved provider must ensure person complies with this part

   184.    (Repealed)
   184A.   Approved provider must ensure person in charge complies with pt 2

   PART 3 - CHILD ABUSE AND NEGLECT

           Division 1 - Principles under which part 3 to be administered

   185.    Guiding principles for pt 3

           Division 2 - Relationship with Child Protection Act 1999

   186.    Relationship with Child Protection Act 1999

           Division 3 - Custody of child held at health service facility

   187.    Person in charge of facility has custody of child held at facility

           Division 4 - Designated medical officers

   188.    Appointment
   189.    When person in charge taken to be a designated medical officer
   190.    Powers

           Division 5 - (Repealed)

           Division 6 - Care and treatment order for child

   197.    Designated medical officer may make care and treatment order for child
   198.    Designated medical officer must notify person in charge of facility where child held
   199.    Designated medical officer must advise chief executive (child safety)
   200.    Designated medical officer must advise parents of child held

           Division 7 - Extension of care and treatment order

   201.    Designated medical officer may extend care and treatment order
   202.    Designated medical officer must notify person in charge of facility about extension of order
   203.    Designated medical officer must advise chief executive (child safety) about extension of order
   204.    Designated medical officer must advise child’s parents about extension of order

           Division 8 - Enforcement and duration of care and treatment order

   205.    Enforcement of care and treatment order
   206.    Duration of order
   207.    Limit on the number of care and treatment orders

           Division 9 - Chief executive (child safety) may require information about child held under care and treatment order

   208.    Chief executive (child safety) may require information from designated medical officer

           Division 10 - Measures that may be taken in relation to a child held under a care and treatment order

   209.    Medical examination or treatment of child held under order
   210.    Designated medical officer may request information from doctors
   211.    Transfer of child from one facility to another
   212.    Parent may choose doctor to examine child

           Division 11 - Offences relating to child held at health service facility

   213.    Offence to remove child

   PART 4 - DISCLOSURE OF INFORMATION FOR SCHOOL HEALTH PROGRAMS

   213AA.  Definitions for part
   213AB.  Application of part
   213AC.  Identifying school health program providers
   213AD.  Disclosure of information about students
   213AE.  Application of Information Privacy Act 2009 to contracted service providers
   213AF.  Delegation by health service chief executive for this part

CHAPTER 5A - PERFORMANCE OF COSMETIC PROCEDURES ON CHILDREN

   213A.   Definition for ch 5A
   213B.   Offence to perform, or offer to perform, cosmetic procedure on a child
   213C.   Offence to procure, or offer to procure, performance of cosmetic procedure on a child
   213D.   Chief executive may report contravention

CHAPTER 5B - CONVERSION THERAPIES

   213E.   Definitions for chapter
   213F.   Meaning of conversion therapy
   213G.   Meaning of gender identity
   213H.   Prohibition of conversion therapy
   213I.   Proceedings for indictable offence

CHAPTER 6 - HEALTH INFORMATION MANAGEMENT

   PART 1 - PERINATAL STATISTICS

           Division 1 - Definitions

   214.    Definitions for pt 1

           Division 2 - Establishment and purposes of collection

   215.    Collection
   216.    Purposes of collection

           Division 3 - Notifications about perinatal statistics

   217.    Giving notifications to chief executive
   218.    Further information may be required

           Division 4 - Confidentiality

   219.    Definitions for div 4
   220.    Confidentiality of information
   221.    Disclosure under an Act or another law
   222.    Disclosure under Act or with written consent etc.
   223.    Disclosure of confidential information in the public interest
   224.    Disclosure for data collection and public health monitoring
   225.    Disclosure for purposes relating to health services
   226.    Disclosure to Commonwealth, another State or Commonwealth or State entity
   227.    Disclosure to quality assurance committee
   228.    Disclosure to allow chief executive to act
   228A.   Disclosure of information for an investigation under the Coroners Act
   228B.   Arrangements about transfer of information
   228BA.  Disclosure for purpose of Health Transparency Act 2019

   PART 1A - MATERNAL DEATH STATISTICS

           Division 1 - Definitions

   228C.   Definitions for pt 1A

           Division 2 - Establishment and purposes of collection

   228D.   Collection
   228E.   Purposes of collection

           Division 3 - Notifications about maternal death statistics

   228F.   Giving information to chief executive
   228G.   Further information may be required

           Division 4 - Confidentiality

   228H.   Definitions for div 4
   228I.   Confidentiality of information
   228J.   Disclosure under an Act or another law
   228K.   Disclosure under Act or with written consent etc.
   228L.   Disclosure of confidential information in the public interest
   228M.   Disclosure for data collection and public health monitoring
   228N.   Disclosure for purposes relating to health services
   228O.   Disclosure to Commonwealth, another State or Commonwealth or State entity
   228P.   Disclosure to quality assurance committee
   228Q.   Disclosure to allow chief executive to act
   228R.   Disclosure of information for an investigation under the Coroners Act
   228S.   Arrangements about transfer of information

   PART 2 - CANCER NOTIFICATIONS

           Division 1 - Definitions

   229.    Definitions for pt 2

           Division 2 - Establishment and purposes of register

   230.    Register
   231.    Purposes of register
   232.    Responsibility for keeping of register

           Division 3 - Notifications about cancer

   233.    Application of div 3
   234.    Notifications about cancer to be given to chief executive
   235.    Directions to give notifications about cancer to contractor
   236.    Further information may be required

           Division 4 - Confidentiality

   237.    Definitions for div 4
   238.    Confidentiality of information
   239.    Disclosure under an Act or another law
   240.    Disclosure under Act or with written consent etc.
   241.    Disclosure of confidential information in the public interest
   242.    Disclosure for data collection and public health monitoring
   243.    Disclosure for purposes relating to health services
   244.    Disclosure to Commonwealth, another State or Commonwealth or State entity
   245.    Disclosure to quality assurance committee
   246.    Disclosure to contractor or employee of contractor for maintaining the register
   247.    Disclosure to allow chief executive to act
   248.    Confidentiality of information for contractors
   249.    Disclosure by contractor
   250.    (Repealed)

   PART 3 - (Repealed)

   PART 3A - NOTIFIABLE DUST LUNG DISEASES

           Division 1 - Preliminary

   279AA.  Definitions for part

           Division 2 - Notifiable Dust Lung Disease Register

   279AB.  Register
   279AC.  Purposes of register
   279AD.  Approved operator may keep register

           Division 3 - Notifications and giving of information about notifiable dust lung diseases

   279AE.  Obligation under this division
   279AF.  Obligation to notify chief executive
   279AG.  Further information may be required
   279AH.  Relevant chief executives to notify
   279AI.  Authorisation of giving of information

           Division 4 - Report about register and related matters

   279AJ.  Chief executive must report to Minister

           Division 5 - Confidentiality and disclosure of information

   279AK.  Definitions for division
   279AL.  Duty of confidentiality
   279AM.  Disclosure—general
   279AN.  Disclosure for data collection and public health monitoring
   279AO.  Disclosure to entity of the State or corresponding entity
   279AP.  Disclosure of information for investigation under Coroners Act 2003

   PART 4 - RESEARCH

           Division 1 - Preliminary

   279A.   Application of pt 4
   280.    Definitions for pt 4
   280A.   Part does not prevent disclosure under other Act

           Division 2 - Health information held by a health agency for research

   281.    Chief executive may give information
   282.    Application to chief executive for information
   283.    Further information or documents to support application
   284.    Decision about application
   285.    What notice must state
   286.    Notification of change of persons being given information
   287.    Chief executive may rescind decision to give information

           Division 3 - Establishment of register

   288.    Register of approved applications for health information held by a health agency
   289.    Access to register

           Division 4 - Use and disclosure of information supplied for research

   290.    Restriction on inconsistent use of information
   291.    Restriction on disclosure of information
   292.    Use of health information held by a health agency

CHAPTER 7 - PUBLIC HEALTH INQUIRIES

   293.    Definitions for ch 7
   294.    Minister may establish or re-establish panels of inquiry
   295.    Role of panel of inquiry
   296.    Conditions of appointment
   297.    Chief executive to arrange for services of staff and financial matters for panel of inquiry
   298.    Procedure
   299.    Notice of inquiry
   300.    Inquiry to be held in public other than in special circumstances
   301.    Protection of members, legal representatives and witnesses
   302.    Record of proceedings to be kept
   303.    Procedural fairness and representation
   304.    Panel’s powers on inquiry
   305.    Notice to witness
   306.    Inspection of documents or other things
   307.    Inquiry may continue despite court proceeding unless otherwise ordered
   308.    Offences by witnesses
   309.    False or misleading statements
   310.    False or misleading documents
   311.    Contempt of panel
   312.    Report of offences
   313.    Change of membership of panel

CHAPTER 7A - POLLUTION EVENTS

   PART 1 - PRELIMINARY

   313A.   Purpose of chapter
   313B.   Definitions for chapter
   313C.   Meaning of pollution event
   313D.   Meaning of pollution notice

   PART 2 - POLLUTION NOTICES

   313E.   Chief executive may give direction to publish pollution notice
   313F.   Chief executive may publish pollution notice
   313G.   Steps required before giving direction or publishing pollution notice

   PART 3 - COMPENSATION

   313H.   Compensation

CHAPTER 8 - PUBLIC HEALTH EMERGENCIES

   PART 1 - PRELIMINARY

   314.    Purpose of ch 8
   315.    Definitions for ch 8
   316.    Relationship to other Acts
   317.    Other Acts not affected
   318.    Powers under this chapter and powers under other Acts

   PART 2 - DECLARING A PUBLIC HEALTH EMERGENCY

   319.    Declaration of public health emergency
   320.    What public health emergency order must state
   321.    Publication of declaration
   322.    Duration of declared public health emergency
   323.    Extending declared public health emergency
   324.    Ending declared public health emergency
   325.    Publication of ending of declared public health emergency
   326.    Public health emergency order may be amended

   PART 3 - EMERGENCY NOTIFIABLE CONDITIONS

   327.    Declaration of emergency notifiable condition as controlled notifiable condition
   328.    What controlled notifiable conditions declaration must state
   329.    Publication of declaration
   330.    Duration of controlled notifiable conditions declaration
   331.    Controlled notifiable conditions declaration may be amended

   PART 4 - ROLE OF CHIEF EXECUTIVE

   332.    Coordination responsibility

   PART 5 - APPOINTMENT OF EMERGENCY OFFICERS

   333.    Appointment of emergency officers (general)
   334.    Qualifications for appointment as emergency officer (general)
   335.    Appointment of emergency officers (medical)
   336.    Qualifications for appointment as emergency officer (medical)
   337.    Appointment conditions
   338.    Chief executive to give copy of appointment to emergency officer
   339.    Powers
   340.    Identity cards
   341.    Failure to return identity card
   342.    Production or display of identity card or supply of identifying details by emergency officer

   PART 6 - POWERS OF EMERGENCY OFFICERS

           Division 1 - Entry of places

   343.    Power to enter places
   344.    Procedure before entry

           Division 2 - Emergency powers

   345.    Emergency powers
   346.    Failure to comply with requirement
   347.    General powers after entering places
   348.    Failure to help emergency officer

   PART 7 - EXTRA POWERS OF EMERGENCY OFFICERS (MEDICAL)

           Division 1 - Detention powers

   349.    Emergency officer (medical) may order detention
   350.    Duration of order
   351.    Enforcement of order
   352.    Establishing isolation areas
   353.    Person to be given opportunity of voluntarily complying with order
   354.    Medical examination and treatment
   355.    When detained person must be released before the end of the order

           Division 2 - Extension of detention order

   356.    Application to extend order
   357.    Consideration of application
   358.    Appeal

           Division 3 - Other provisions about detention

   359.    Application of div 3
   360.    Obligations of emergency officer (medical) in relation to person detained
   361.    Application to magistrate for order ending person’s detention
   362.    Appeal

   PART 7A - PARTICULAR POWERS FOR COVID-19 EMERGENCY

           Division 1 - Preliminary

   362A.   Purposes of part

           Division 2 - Chief health officer

   362B.   Power to give directions
   362C.   When public health directions take effect
   362D.   Failure to comply with public health directions
   362E.   When public health directions must be revoked
   362F.   Recommended actions in relation to facilities
   362FA.  Delegation

           Division 3 - Emergency officers

   362G.   Power to give directions under this division
   362H.   Directions to stay at particular places
   362HA.  How directions may be given
   362I.   Directions given in relation to particular facilities
   362J.   Failure to comply with direction
   362K.   When particular directions must be revoked

           Division 4 - Enforcement of directions

   362L.   Enforcement

           Division 5 - Relationship with parts 6 and 7

   362M.   Relationship with pts 6 and 7

           Division 6 - Protection of personal information

   362MAA. Application of division
   362MAB. Definitions for division
   362MAC. Meaning of COVID-19 application
   362MAD. Relationship of division with other provisions
   362MAE. Extraterritorial application of division
   362MAF. Confidentiality of relevant information
   362MAG. Disclosure or use by relevant persons other than information holders
   362MAH. Disclosure by information holders
   362MAI. Limits on use of relevant information and derived evidence

           Division 7 - Expiry of part

   362MAJ. Expiry of part

   PART 7AA - FEES FOR QUARANTINE DURING COVID-19 EMERGENCY

           Division 1 - Preliminary

   362MA.  Definitions for part
   362MB.  Meaning of required to quarantine

           Division 2 - Liability for quarantine fees and other amounts

   362MC.  Quarantine fees
   362MD.  Liability of persons to pay quarantine fees generally
   362ME.  Liability of particular third parties to pay quarantine fees
   362MF.  Chief executive may require prepayment of amount for quarantine of particular persons
   362MG.  Chief executive must give invoice for quarantine fees

           Division 3 - Waiver of payment of quarantine fees

   362MH.  Application for waiver
   362MI.  Deciding application for waiver
   362MJ.  Notice of decision
   362MK.  When prepayment notice ceases to have effect

           Division 4 - Payment and recovery of quarantine fees and refunds

   362ML.  Payment and recovery of quarantine fees
   362MM.  Refunds

           Division 5 - Miscellaneous

   362MN.  Chief executive may approve way of giving notices or making applications
   362MO.  How chief executive may give particular documents

           Division 6 - Expiry

   362MP.  Expiry of part

   PART 7B - OTHER PROVISIONS FOR COVID-19 EMERGENCY

   362N.   Definition for part
   362O.   Modification of s 81 (Disclosure of confidential information in the public interest)
   362P.   Modification of s 109 (Disclosure of confidential information in the public interest)
   362Q.   Expiry of part

   PART 8 - GENERAL ENFORCEMENT MATTERS

   363.    False or misleading statements
   364.    False or misleading documents
   365.    Obstructing emergency officers

   PART 9 - COMPENSATION

   366.    Entitlement to compensation
   367.    When compensation is not payable
   368.    Applying for compensation
   369.    Lapsing of application
   370.    Deciding application
   371.    Notice about decision
   372.    Review of decision
   373.    (Repealed)
   374.    (Repealed)
   375.    (Repealed)

CHAPTER 9 - MONITORING AND ENFORCEMENT

   PART 1 - AUTHORISED PERSONS

   376.    Powers generally
   377.    Appointment
   378.    Qualifications for appointment
   379.    Appointment conditions and limit on powers
   380.    Issue of identity card
   381.    Production or display of identity card
   382.    When authorised person ceases to hold office
   383.    Resignation
   384.    Return of identity card

   PART 2 - POWERS OF AUTHORISED PERSONS

           Division 1 - Entry of places

   385.    Power to enter places
   386.    Power to enter place to ascertain if public health risk
   387.    Power to enter place to check compliance with public health order
   388.    Power to enter place to take steps if public health order not complied with
   388A.   Power to enter places to check compliance with improvement notice
   389.    Power to enter place under approved inspection program
   389A.   Power to enter a prescribed facility—general
   389B.   Power to enter dwellings in residential aged care facilities
   390.    Power to enter health care facility
   390A.   Power to enter place to monitor compliance with ch 5A

           Division 2 - Procedure for entry

   391.    Entry with consent
   392.    Entry of place under s 386, 387, 388A or 389
   393.    Entry of place under s 388
   394.    Application for warrant
   395.    Issue of warrant
   396.    Application by electronic communication and duplicate warrant
   397.    Defect in relation to a warrant
   398.    Warrants—procedure before entry

           Division 3 - General powers

   399.    General powers after entering places
   400.    Failure to help authorised person
   401.    Failure to answer questions or give information

           Division 4 - Vehicles

   402.    Stopping motor vehicle

           Division 5 - Power to seize evidence

   403.    Seizing evidence at place that may be entered without consent or a warrant
   404.    Seizing evidence at a place that may only be entered with consent or warrant

           Division 6 - Power to remove or reduce public health risk under a warrant

   405.    Power to remove or reduce public health risk after entering place

           Division 7 - Recovery of costs and expenses

   406.    Cost of steps recoverable as a debt
   407.    Cost of steps by local government a charge over land

           Division 8 - Dealing with seized things

   408.    Securing seized things
   409.    Tampering with seized things
   410.    Powers to support seizure
   411.    Authorised person may require thing’s return
   412.    Receipts for seized things
   413.    Forfeiture of seized things
   414.    Return of seized things
   415.    Access to seized things

           Division 9 - Power to obtain information

   416.    Power to require name and address
   417.    Failure to give name or address
   418.    Power to require production of documents
   419.    Failure to produce document
   420.    Failure to certify copy of document

   PART 3 - GENERAL ENFORCEMENT MATTERS

   421.    Notice of damage
   422.    Compensation
   423.    False or misleading statements
   424.    False or misleading documents
   425.    Obstructing authorised persons
   426.    Impersonation of authorised persons

   PART 4 - APPROVED INSPECTION PROGRAMS

   427.    Approved inspection program
   428.    Notice of proposed inspection program
   429.    Access to program

   PART 5 - ANALYSIS OF THINGS

   430.    Appointment and qualifications
   431.    Appointment conditions
   432.    When State analyst ceases to hold office
   433.    Resignation
   434.    Chief executive may approve laboratory
   435.    Analysis
   436.    Certificate must indicate methodology used

CHAPTER 10 - LEGAL PROCEEDINGS

   PART 1 - APPLICATION

   437.    Application of ch 10

   PART 2 - EVIDENCE

   438.    Appointments and authority
   439.    Signatures
   440.    Evidentiary provisions

   PART 3 - PROCEEDINGS

   441.    Summary offences
   442.    Allegations of false or misleading information or document
   443.    Recovery of costs of investigation
   444.    Application for order for payment of costs under s 443
   445.    Forfeiture on conviction
   446.    Dealing with forfeited thing
   447.    Responsibility for acts or omissions of representative
   448.    Liability of executive officer—particular offences committed by corporation
   449.    Fines payable to local government

   PART 4 - APPEALS

   450.    Who may appeal
   451.    Starting an appeal
   452.    Hearing procedures
   453.    Appeal to District Court

CHAPTER 11 - MISCELLANEOUS

   PART 1 - ANNUAL REPORT ON PUBLIC HEALTH ISSUES

   454.    Chief executive to give Minister annual report

   PART 1A - CIVIL LIABILITY FOR ASBESTOS-RELATED HARM

           Division 1 - Preliminary

   454A.   Definitions for pt 1A

           Division 2 - Protection from civil liability and indemnity

   454B.   Protecting prescribed persons from civil liability for asbestos-related harm
   454C.   Indemnifying local government against civil liability for asbestos-related harm
   454CA.  Local government must notify State of claim
   454D.   State may recover contribution in particular circumstances
   454E.   Limitation on indemnity

           Division 3 - Indemnity conditions

   454F.   Purpose of div 3
   454G.   Training
   454H.   Compliance with Act, laws and guidelines
   454I.   Record-keeping

           Division 4 - Annual compliance certificate

   454J.   Requirement for annual compliance certificate
   454K.   Acknowledgement of receipt of annual compliance certificate
   454L.   Evidentiary provision

   PART 2 - OTHER PROVISIONS

   455.    Delegations
   456.    Protecting prescribed persons from liability
   457.    Public officials for Police Powers and Responsibilities Act
   458.    Approval of forms
   459.    Service of documents
   460.    Compliance with provisions about explaining and giving documents

   PART 3 - REGULATIONS

   461.    Regulation-making power

CHAPTER 12 - SAVINGS AND TRANSITIONAL

   PART 1 - SAVINGS AND TRANSITIONAL PROVISIONS FOR ACT NO. 48 OF 2005

   462.    Notifiable conditions
   463.    Notifiable Conditions Register
   464.    Order for removal or detention of person with notifiable disease
   465.    Order to cleanse and disinfect premises
   466.    Order closing a school
   467.    Mandatory reporting
   468.    Temporary custody of children
   469.    Abatement of nuisance
   470.    Notice relating to sewer, stormwater drain or sanitary convenience
   471.    Cancer notifications
   472.    Cancer registers
   473.    Continued obligation to give cancer return
   474.    Contractor
   475.    Further information may be required about cancer returns
   476.    Continuing obligation to give further information about cancer return
   477.    Pap Smear Register
   478.    Duty of director to give Pap smear information
   479.    Chief executive’s duty to send notice
   480.    Request to remove registered screening history
   481.    Request to change identifying information
   482.    Request for registered screening history
   483.    Agreement to send out notices
   484.    Designated health practitioners
   485.    Perinatal Statistics Collection
   486.    Notification about delivery
   487.    Further information about perinatal statistics
   488.    Notice to comply with standard about paint
   489.    Authority to conduct scientific research and studies
   490.    Offences
   491.    References to Health Act 1937

   PART 2 - TRANSITIONAL PROVISION FOR HEALTH LEGISLATION (RESTRICTION ON USE OF COSMETIC SURGERY FOR CHILDREN AND ANOTHER MEASURE) AMENDMENT ACT 2008

   492.    When prohibition on performing cosmetic procedures on children does not apply

   PART 3 - TRANSITIONAL PROVISIONS FOR HOSPITAL AND HEALTH BOARDS ACT 2011

   493.    Definitions for pt 3
   494.    Application for information for research

   PART 4 - TRANSITIONAL PROVISION FOR HEALTH LEGISLATION AMENDMENT ACT 2013

   495.    Maternal Death Statistics Collection

   PART 5 - SAVING PROVISION FOR HEALTH LEGISLATION AMENDMENT ACT 2020

   496.    Proceeding for particular offence

   PART 6 - TRANSITIONAL PROVISIONS FOR PUBLIC HEALTH AND OTHER LEGISLATION (PUBLIC HEALTH EMERGENCY) AMENDMENT ACT 2020

   497.    Application of s 366

   PART 7 - TRANSITIONAL PROVISION FOR COMMUNITY SERVICES INDUSTRY (PORTABLE LONG SERVICE LEAVE) ACT 2020

   499.    Application of s 362MD
   500.    (Repealed)
   501.    (Repealed)
   502.    (Repealed)
   503.    (Repealed)
   504.    (Repealed)
   505.    (Repealed)
   506.    (Repealed)

   PART 8 - TRANSITIONAL AND VALIDATION PROVISIONS FOR PUBLIC HEALTH AND OTHER LEGISLATION (FURTHER EXTENSION OF EXPIRING PROVISIONS) AMENDMENT ACT 2021

           Division 1 - Provisions for amendments commencing on assent

   507.    Validation of particular directions given by emergency officers
   507A.   Application of ch 8, pt 7A, div 6

           Division 1A - Provisions applying on omission of chapter 8, part 7A

   507B.   Application of division
   507C.   Interpretation
   507D.   Continuation of confidentiality requirements
   507E.   Continuation of limits on use of relevant information and derived evidence

           Division 2 - Provision for amendments commencing by proclamation

   508.    Application of s 362ME

           Division 3 - Provisions applying on expiry of chapter 8, part 7AA

   509.    Application of division
   510.    Interpretation
   511.    Continuation of liability under former s 362MD or 362ME arising before expiry
   512.    Liability under s 362ME arising on or after expiry
   513.    Continued application of former s 362MM
   514.    Continued application of ss 362MN and 362MO
           SCHEDULE 2


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