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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Statutes Amendment (Public Health Incidents and
Emergencies) Bill 2009
A BILL FOR
An Act to amend the Electricity Act 1996, the Emergency
Management Act 2004, the Essential Services Act 1981, the
Fire and Emergency Services Act 2005, the Gas Act 1997,
the Public and Environmental Health Act 1987 and the Summary
Offences Act 1953.
Contents
Part 1—Preliminary
1 Short
title
2 Amendment provisions
Part 2—Amendment of Electricity
Act 1996
3 Amendment of section 54—Emergency
legislation not affected
Part 3—Amendment of Emergency Management
Act 2004
4 Amendment of section
3—Interpretation
5 Amendment of section 17—Authorised
officers
6 Amendment of section 23—Major emergencies
7 Amendment of
section 24—Disasters
8 Insertion of section
24A
24A Public health incidents and
emergencies
9 Amendment of section 25—Powers of State
Co-ordinator and authorised officers
10 Amendment of section 26—Supply
of gas or electricity
11 Insertion of section
26A
26A Modification of Controlled Substances
Act
12 Insertion of section
31A
31A Confidentiality
Part 4—Amendment of Essential Services
Act 1981
13 Amendment of section 6—Power to require
information
Part 5—Amendment of Fire and Emergency Services
Act 2005
14 Amendment of section
3—Interpretation
15 Amendment of section
42—Powers
16 Amendment of section 44—Supply of gas or
electricity
17 Amendment of section 97—Powers
18 Amendment of
section 99—Supply of gas or electricity
19 Amendment of section
108—Functions and powers
20 Amendment of section
118—Powers
21 Amendment of section 119—Supply of gas or
electricity
Part 6—Amendment of Gas
Act 1997
22 Amendment of section 54—Emergency
legislation not affected
Part 7—Amendment of Health Care
Act 2008
23 Amendment of section 51—Functions and
powers of SAAS
Part 8—Amendment of Public and Environmental Health
Act 1987
24 Amendment of section
3—Interpretation
25 Insertion of section
7A
7A Emergency officers
26 Insertion of Part
4A
Part 4A—Management of emergencies
37A Public health
incidents
37B Public health
emergencies
37C Making and revocation of
declarations
37D Powers and functions of Chief
Executive
37E Application of Emergency Management
Act
27 Amendment of section 47—Regulations
Part 9—Amendment of Summary Offences
Act 1953
28 Amendment of section 83B—Dangerous
areas
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Statutes Amendment (Public Health Incidents
and Emergencies) Act 2009.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Electricity
Act 1996
3—Amendment of
section 54—Emergency legislation not affected
Section 54—delete "or Fire and Emergency Services
Act 2005" and substitute:
, Fire and Emergency Services Act 2005 or Part 4A of the
Public and Environmental Health Act 1987
Part 3—Amendment
of Emergency Management
Act 2004
4—Amendment of
section 3—Interpretation
(1) Section 3—after the definition of authorised
officer insert:
Chief Medical Officer has the same meaning as in the
Public and Environmental Health Act 1987;
(2) Section 3, definition of emergency—delete the
definition and substitute:
emergency means an event (whether occurring in the State,
outside the State or in and outside the State) that causes, or threatens to
cause—
(a) the death of, or injury or other damage to the health of, any person;
or
(b) the destruction of, or damage to, any property; or
(c) a disruption to essential services or to services usually enjoyed by
the community; or
(d) harm to the environment, or to flora or fauna;
Note—
This is not limited to naturally occurring events (such as earthquakes,
floods or storms) but would, for example, include fires, explosions, accidents,
epidemics, pandemics, emissions of poisons, radiation or other hazardous agents,
hijacks, sieges, riots, acts of terrorism and hostilities directed by an enemy
against Australia.
5—Amendment of
section 17—Authorised officers
Section 17—after subsection (1) insert:
(1a) An appointment under subsection (1) may be subject to conditions
specified by the State Co-ordinator.
6—Amendment of
section 23—Major emergencies
(1) Section 23(2)(b) and (c)—delete paragraphs (b) and (c) and
substitute:
(b) remains in force for the period specified in the declaration (which
must not exceed 14 days) and for such further periods (which may be of any
length) as may be approved by the Governor.
(2) Section 23—after subsection (2) insert:
(3) The State Co-ordinator may, at any time, revoke a declaration under
this section.
7—Amendment of
section 24—Disasters
(1) Section 24(2)(b)—delete paragraph (b) and substitute:
(b) remains in force for the period specified in the declaration (which
must not exceed 30 days) and for such further periods (which may be of any
length) as may be approved by resolution of both Houses of Parliament.
(2) Section 24(3)—delete subsection (3)
After section 24 insert:
24A—Public health incidents and
emergencies
An emergency may be declared to be an identified major incident, a major
emergency or a disaster whether or not the emergency has previously been
declared to be a public health incident or a public health emergency under the
Public and Environmental Health Act 1987.
9—Amendment of
section 25—Powers of State Co-ordinator and authorised
officers
(1) Section 25(2)(c)—delete paragraph (c) and substitute:
(ba) remove or destroy, or order the removal or destruction of, any
building, structure, vehicle, vegetation, animal or other thing;
(bb) carry out, or cause to be carried out, excavation or other
earthworks;
(c) construct, or cause to be constructed, barriers, buildings or other
structures;
(2) Section 25(2)—after paragraph (fa) insert:
(fb) direct a person to remain isolated or segregated from other persons
or to take other measures to prevent the transmission of a disease or condition
to other persons;
(fc) direct a person to undergo medical observation, examination
(including diagnostic procedures) or treatment (including preventative
treatment);
(3) Section 25(2)(h)—delete "shut off or disconnected" and
substitute:
connected, reconnected, disconnected or shut off
(4) Section 25(2)—after paragraph (k) insert:
(ka) require a person to furnish such information as may be reasonably
required in the circumstances (other than information that may be required to be
furnished under section 6 of the Essential Services
Act 1981);
(5) Section 25—after subsection (2) insert:
(3) In addition, if, after considering the advice of the Chief Medical
Officer, the State Co-ordinator is of the opinion that the scope of an emergency
is of such a magnitude that demand for medical goods or services cannot be met
without contravening the laws of the State, the State Co-ordinator may, despite
those laws, authorise authorised officers, or authorised officers of a
particular class, to provide, or direct the provision of, such goods or services
or a particular class of such goods or services on such conditions as the State
Co-ordinator thinks appropriate.
10—Amendment of
section 26—Supply of gas or electricity
Section 26—delete "shut off or disconnect" and substitute:
connect, reconnect, disconnect or shut off
After section 26 insert:
26A—Modification of Controlled Substances
Act
(1) The Minister may, by notice in the Gazette, modify the operation of
the Controlled Substances Act 1984 for the duration of a declaration
of an identified major incident, a major emergency or a disaster if of the
opinion that it is necessary or desirable to do so.
(2) The Minister may, by subsequent notice in the Gazette, vary or revoke
a notice under subsection (1).
(3) Before a notice is made under this section, the Minister must consult
with the Minister responsible for the administration of the Controlled
Substances Act 1984.
After section 31 insert:
31A—Confidentiality
If a person, in the course of the administration or enforcement of this
Act, obtains—
(a) medical information relating to another; or
(b) information the disclosure of which would involve the disclosure of
information relating to the personal affairs of another,
the person must not intentionally disclose that information
unless—
(c) the disclosure is made in the course of the administration or
enforcement of this Act; or
(d) the disclosure is made with the consent of the other person;
or
(e) the disclosure is required by a court or tribunal constituted by
law.
Maximum penalty: $5 000.
Part 4—Amendment
of Essential Services
Act 1981
13—Amendment of
section 6—Power to require information
(1) Section 6(3)—after paragraph (c) insert:
(ca) the administration of Part 4A of the Public and Environmental
Health Act 1987; or
(2) Section 6(6)(a)—after subparagraph (iii) insert:
(iiia) the administration of Part 4A of the Public and Environmental
Health Act 1987; or
Part 5—Amendment
of Fire and Emergency Services
Act 2005
14—Amendment of
section 3—Interpretation
Section 3(1), definition of emergency—after "event"
insert:
(whether occurring in the State, outside the State or in and outside the
State)
15—Amendment of
section 42—Powers
(1) Section 42(2)(c)—delete paragraph (c) and substitute:
(c) remove or destroy, or order the removal or destruction of, any
building, structure, vehicle, vegetation, animal or other thing;
(ca) carry out, or cause to be carried out, excavation or other
earthworks;
(cb) construct, or cause to be constructed, barriers, buildings or other
structures;
(cc) subject a place or thing to a decontamination procedure;
(2) Section 42(2)—after paragraph (f) insert:
(fa) direct a person to submit to a decontamination procedure;
(3) Section 42(2)(h)—delete "shut off or disconnected" and
substitute:
connected, reconnected, disconnected or shut off
16—Amendment of
section 44—Supply of gas or electricity
Section 44—delete "shut off or disconnect" and substitute:
connect, reconnect, disconnect or shut off
17—Amendment of
section 97—Powers
(1) Section 97(2)(c)—delete paragraph (c) and substitute:
(c) remove or destroy, or order the removal or destruction of, any
building, structure, vehicle, vegetation, animal or other thing;
(ca) carry out, or cause to be carried out, excavation or other
earthworks;
(cb) construct, or cause to be constructed, barriers, buildings or other
structures;
(cc) subject a place or thing to a decontamination procedure;
(2) Section 97(2)—after paragraph (f) insert:
(fa) direct a person to submit to a decontamination procedure;
(3) Section 97(2)(h)—delete "shut off or disconnected" and
substitute:
connected, reconnected, disconnected or shut off
18—Amendment of
section 99—Supply of gas or electricity
Section 99—delete "shut off or disconnect" and substitute:
connect, reconnect, disconnect or shut off
19—Amendment of
section 108—Functions and powers
Section 108(1)—after paragraph (b) insert:
(ba) to assist the Chief Executive within the meaning of the Public and
Environmental Health Act 1987, in accordance with the Public Health
Emergency Management Plan, in carrying out prevention, preparedness, response or
recovery operations under Part 4A of that Act;
20—Amendment of
section 118—Powers
(1) Section 118(2)(c)—delete paragraph (c) and substitute:
(c) remove or destroy, or order the removal or destruction of, any
building, structure, vehicle, vegetation, animal or other thing;
(ca) carry out, or cause to be carried out, excavation or other
earthworks;
(cb) construct, or cause to be constructed, barriers, buildings or other
structures;
(cc) subject a place or thing to a decontamination procedure;
(2) Section 118(2)—after paragraph (f) insert:
(fa) direct a person to submit to a decontamination procedure;
(3) Section 118(2)(h)—delete "shut off or disconnected" and
substitute:
connected, reconnected, disconnected or shut off
21—Amendment of
section 119—Supply of gas or electricity
Section 119—delete "shut off or disconnect" and substitute:
connect, reconnect, disconnect or shut off
Part 6—Amendment
of Gas Act 1997
22—Amendment of
section 54—Emergency legislation not affected
Section 54—delete "or Fire and Emergency Services
Act 2005" and substitute:
, Fire and Emergency Services Act 2005 or Part 4A of the
Public and Environmental Health Act 1987
Part 7—Amendment
of Health Care
Act 2008
23—Amendment of
section 51—Functions and powers of SAAS
Section 51(2)—delete subsection (2) and substitute:
(2) SAAS may, if—
(a) an identified major incident, a major emergency or a disaster is
declared under the Emergency Management Act 2004; or
(b) a public health incident or a public health emergency is declared
under the Public and Environmental Health Act 1987,
direct a person holding a restricted ambulance service licence to assist
with the provision of response and recovery operations in such a manner as the
SAAS sees fit.
Part 8—Amendment
of Public and Environmental Health
Act 1987
24—Amendment of
section 3—Interpretation
(1) Section 3(1)—after the definition of Chief
Executive insert:
Chief Medical Officer means the Chief Medical Officer of the
Department and includes a person for the time being acting in that
position;
(2) Section 3(1)—after the definition of director
insert:
emergency has the same meaning as in the Emergency
Management Act 2004;
emergency officer means a police officer or a person holding
an appointment as an emergency officer under section 7A;
(3) Section 3(1)—after the definition of premises
insert:
public health emergency—see section 37B;
public health incident—see section 37A;
Public Health Emergency Management Plan means a plan (or a
series of plans) prepared by the Chief Executive comprising strategies to be
administered by the Department for the prevention of emergencies in this State
and for ensuring adequate preparation for emergencies in this State, including
strategies for the containment of emergencies, response and recovery operations
and the orderly and efficient deployment of resources and services in connection
with response and recovery operations;
Note—
It is contemplated that the Public Health Emergency Management Plan will
form part of, or be recognised in, the State Emergency Management Plan prepared
under the Emergency Management Act 2004.
(4) Section 3(1)—after the definition of public place
insert:
recovery operations has the same meaning as in the
Emergency Management Act 2004;
(5) Section 3(1)—after the definition of refuse
insert:
response operations has the same meaning as in the
Emergency Management Act 2004;
State Co-ordinator means the person holding or acting in the
position of State Co-ordinator under the Emergency Management
Act 2004;
After section 7 insert:
7A—Emergency officers
(1) The Chief Executive may appoint, individually or by class, such
persons to be emergency officers for the purposes of this Act as the Chief
Executive thinks fit.
(2) An appointment under subsection (1) may be subject to conditions
specified by the Chief Executive.
(3) An emergency officer, other than a police officer, must be issued with
an identity card in a form approved by the Chief Executive—
(a) containing the person's name and a photograph of the person;
and
(b) stating that the person is an emergency officer for the purposes of
this Act.
(4) An emergency officer must, at the request of a person in relation to
whom the officer intends to exercise any powers under this Act, produce for the
inspection of the person—
(a) in the case of an emergency officer who is a police officer and is not
in uniform—his or her certificate of authority; or
(b) in the case of an emergency officer who is not a police
officer—his or her identity card.
(5) An emergency officer appointed under this Act must, on ceasing to be
an emergency officer for any reason, surrender his or her identity card and any
insignia or special apparel or equipment issued to the emergency officer for the
purposes of this Act to the Chief Executive or a person nominated by the Chief
Executive.
Penalty: Division 8 fine.
After Part 4 insert:
Part 4A—Management of
emergencies
37A—Public health incidents
(1) If it appears to the Chief Executive that the nature or scale of an
emergency that has occurred, is occurring or is about to occur, is such that it
should be declared to be a public health incident, the Chief Executive may
declare the emergency to be a public health incident.
(2) A declaration under this section—
(a) may be made orally (but if made orally must, as soon as is reasonably
practicable, be reduced to writing and a copy provided to the Minister);
and
(b) subject to this section, remains in force while response operations
are being carried out in relation to the emergency (but not for a period
exceeding 12 hours).
(3) The Chief Executive may, at any time, revoke a declaration under this
section.
37B—Public health emergencies
(1) If it appears to the Chief Executive that an emergency has occurred,
is occurring or is about to occur, the Chief Executive may declare the emergency
to be a public health emergency (whether or not the emergency has previously
been declared to be a public health incident under section 37A).
(2) A declaration under this section—
(a) must be in writing and published in a manner and form determined by
the Minister; and
(b) remains in force for a period specified in the declaration (which must
not exceed 14 days) and for such further periods (which may be of any length) as
may be approved by the Governor.
(3) The Chief Executive may, at any time, revoke a declaration under this
section.
37C—Making and revocation of
declarations
(1) The Public Health Emergency Management Plan may contain guidelines
setting out circumstances in which an emergency should be declared to be a
public health incident or to be a public health emergency.
(2) Before making a declaration under this Part, the Chief Executive must
consult with—
(a) the Chief Medical Officer; and
(b) the State Co-ordinator.
(3) The Chief Executive must revoke a declaration under this Part at the
request of the State Co-ordinator.
37D—Powers and functions of Chief
Executive
(1) On the declaration of a public health incident or public health
emergency, and while that declaration remains in force, the Chief Executive must
take any necessary action to implement the Public Health Emergency Management
Plan and cause such response and recovery operations to be carried out as he or
she thinks appropriate.
(2) The Chief Executive must provide information relating to a public
health incident or public health emergency to the State Co-ordinator in
accordance with any requirements of the State Co-ordinator.
37E—Application of Emergency Management
Act
(1) On the declaration of a public health incident or public health
emergency, the following provisions of the Emergency Management
Act 2004 apply in relation to the emergency as if those provisions
formed part of this Act but subject to the modifications specified in
subsection (2) and any other prescribed modifications:
(a) Part 4 Division 4 (Powers that may be exercised in relation to
declared emergencies) except section 25(1) and (2)(n);
(b) Part 4 Division 5 (Recovery operations);
(c) Part 5 (Offences);
(d) Part 6 (Miscellaneous) except sections 37 and 38;
(e) definitions in section 3 of terms used in the above
provisions.
(2) The provisions of the Emergency Management Act 2004
applied under subsection (1) are modified as follows:
(a) a reference to the Minister is to be read as a reference to the
Minister responsible for the administration of this Act;
(b) a reference to the State Co-ordinator is to be read as a reference to
the Chief Executive;
(c) a reference to an authorised officer is to be read as a reference to
an emergency officer;
(d) a reference to the State Emergency Management Plan is to be read as a
reference to the Public Health Emergency Management Plan;
(e) a reference to an identified major incident is to be read as a
reference to a public health incident;
(f) a reference to a major emergency is to be read as a reference to a
public health emergency;
(g) a reference to a declaration is to be read as a reference to a
declaration under this Part;
(h) a reference to this Act (meaning the Emergency Management
Act 2004) is to be read as a reference to this Part;
(i) a reference to section 25(1) of the Emergency Management
Act 2004 is to be read as a reference to section 37D(1) of this
Act;
(j) section 25(2)(m) is to be read as if it did not include the words in
brackets.
27—Amendment of
section 47—Regulations
Section 47(2)—after paragraph (f) insert:
(fa) provide for such matters as are necessary in consequence of
conditions directly or indirectly caused by an emergency declared to be a public
health incident or public health emergency under this Act;
Part 9—Amendment
of Summary Offences
Act 1953
28—Amendment of
section 83B—Dangerous areas
Section 83B(11)—delete subsection (11) and substitute:
(11) A declaration may not be made under this section in relation to
circumstances arising in an emergency for which a declaration under the
Emergency Management Act 2004 or Part 4A of the Public and
Environmental Health Act 1987 is in force.