Queensland Consolidated Acts

PUBLIC HEALTH ACT 2005 - SECT 156C

156C Improvement notice

(1) This section applies if an authorised person appointed by the chief executive reasonably believes—

(a) the operator or owner of a health care facility—

(i) is contravening a relevant provision; or

(ii) has contravened a relevant provision in circumstances that make it likely the contravention will continue or be repeated; and

(b) a matter relating to the contravention is reasonably capable of being remedied; and

(c) it is appropriate to give the operator or owner an opportunity to remedy the matter.

(2) The authorised person may give the operator or owner a notice (an
"improvement notice" ) requiring the operator or owner to remedy the contravention or have the contravention remedied.

(3) The improvement notice must state the following—

(a) the relevant provision the authorised person believes is being, or has been, contravened;

(b) that the authorised person reasonably believes the operator or owner—

(i) is contravening the relevant provision; or

(ii) has contravened the relevant provision in circumstances that make it likely the contravention will continue or be repeated;

(c) briefly, how it is believed the relevant provision is being, or has been, contravened;

(d) the period within which the operator or owner must remedy the contravention or have the contravention remedied;

(e) that it is an offence to fail to comply with the improvement notice, unless the operator or owner has a reasonable excuse.

(4) The period stated under subsection (3) (d) must be reasonable, having regard to the risk to public health posed by the contravention.

(5) The improvement notice may also state the reasonable steps the authorised person considers necessary to remedy the contravention, or avoid further contravention, of the relevant provision.

(6) The operator or owner must comply with the improvement notice, unless the operator or owner has a reasonable excuse.

Penalty—

Maximum penalty—

(a) if the relevant provision the subject of the improvement notice is section 151 —1,000 penalty units; or

(b) if the relevant provision the subject of the improvement notice is section 153 (2) or 154 (2) —500 penalty units; or

(c) if the relevant provision the subject of the improvement notice is section 155 (5) —100 penalty units.

(7) An operator or owner may be prosecuted for the contravention of a relevant provision without an authorised person first giving an improvement notice for the contravention.

(8) In this section—

"relevant provision" means—

(a) in relation to the operator of a health care facility†” section 151 , 154 (2) or 155 (5) ; or

(b) in relation to the owner of a health care facility who is not the operator of the facility†” section 153 (2) .