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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
South Australian Public Health
Bill 2010
A BILL FOR
An Act to promote and to provide for the protection of the health of the
public of South Australia and to reduce the incidence of preventable illness,
injury and disability; to make related amendments to certain Acts; to repeal the
Public
and Environmental Health Act 1987; and for other
purposes.
Contents
Part 1—Preliminary
1Short
title
2Commencement
3Interpretation
Part 2—Objects, principles and
interaction with other Acts
4Objects of Act
5Principles to be recognised under
Act
6Precautionary principle
7Proportionate regulation
principle
8Sustainability principle
9Principle of
prevention
10Population focus principle
11Participation
principle
12Partnership principle
13Equity principle
14Specific
principles—Parts 10 and 11
15Guidelines
16Interaction with other
Acts
Division 1—Minister
17Minister
18Power to require reports
19Delegation by
Minister
Division 2—Chief
Public Health Officer
20Office of Chief Public Health
Officer
21Functions of Chief Public Health
Officer
22Risk of avoidable mortality or
morbidity
23Biennial reporting by Chief Public Health
Officer
24Delegation
25Appointment of Acting Chief Public
Health Officer
Division 3—South Australian Public
Health Council
26Establishment of SAPHC
27Composition of
SAPHC
28Conditions of appointment
29Allowances and
expenses
30Validity of acts
31Functions of SAPHC
32Conduct of
business
33Committees and subcommittees
34Delegation by
SAPHC
35Annual report
36Use of facilities
Division 4—Councils
37Functions of
councils
38Immunisation services
39Cooperation between
councils
40Power of Chief Public Health Officer to
act
41Council failing to perform a function under
Act
42Transfer of function of council at request of
council
Division 5—Authorised
officers
43State authorised
officers
44Local authorised
officers
45Qualifications
46Identity cards
47Powers of
authorised officers
Division 6—Emergency
officers
48Emergency officers
Division 7—Specific
power to require information
49Specific power to require
information
Division 1—State public health
plan
50State public health plan
Division 2—Regional public health
plans
51Regional public health
plans
52Reporting on regional public health
plans
Part 5—Public
health policies
53Public health policies
54Procedure for making
policies
55Reference of policies to
Parliament
Part 6—General
duty
56General duty
Part 7—General public health
offences
57Material risk to public health
58Serious risk to
public health
59Defence of due diligence
60Alternative
finding
Part 8—Prevention
of non-communicable conditions
61Declaration of non-communicable
conditions
62Minister may issue code of
practice
Part 9—Notifiable
conditions and contaminants
Division 1—Notifiable
conditions
63Declaration of notifiable
conditions
64Notification
65Report to councils
66Action to
prevent spread of infection
Division 2—Notifiable
contaminants
67Declaration of notifiable
contaminants
68Notification of contaminant
Part 10—Controlled
notifiable conditions
Division 1—Preliminary
69Principles
70Declaration
of controlled notifiable conditions
71Chief Public Health Officer to be able to act
in other serious cases
72Children
Division 2—Controls
73Power to
require a person to undergo an examination or test
74Power to require
counselling
75Power to give
directions
76Review by District Court
77Power to require
detention
78Review of detention orders by
Supreme Court
79Warrants
80General provisions relating to orders,
requirements and directions
81Duty to comply
Division 3—Related
matters
82Advisory Panels
83Interstate orders
84Protection of
information
Part 11—Management
of significant emergencies
85Principles
86Public health
incidents
87Public health
emergencies
88Making and revocation of
declarations
89Powers and functions of
Chief Executive
90Application of Emergency
Management Act
Part 12—Notices
and emergency situations
Division 1—Interpretation
91Interpretation
Division 2—Notices and
emergencies
92Notices
93Action on non-compliance with
notice
94Action in emergency situations
Division 3—Reviews and
appeals
95Reviews—notices
relating to general duty
96Appeals
Part 13—Miscellaneous
97Tests on
deceased persons
98Delegation by Chief Executive
99Confidentiality
100Confidentiality and provision of
certain information
101Service of notices or other
documents
102Immunity
103Protection from
liability
104False or misleading information
105Offences
106Offences by bodies
corporate
107Continuing offences
108Evidentiary
provision
109Regulations
Schedule 1—Related amendments,
repeal and transitional provisions
Part 1—Related
amendments
1Amendment provisions
Part 2—Amendment of
Electricity Act 1996
2Amendment of section 54—Emergency
legislation not affected
Part 3—Amendment of
Emergency Management Act 2004
3Amendment of
section 3—Interpretation
4Amendment of section 24A—Public
health incidents and emergencies
5Amendment of section 25—Powers of
State Co-ordinator and authorised officers
Part 4—Amendment of
Essential Services Act 1981
6Amendment of section 6—Power
to require information
Part 5—Amendment of
Fire and Emergency Services Act 2005
7Amendment of
section 108—Functions and powers
Part 6—Amendment of
Gas Act 1997
8Amendment of section 54—Emergency
legislation not affected
Part 7—Amendment of
Health Care Act 2008
9Amendment of section 51—Functions
and powers of SAAS
Part 8—Amendment of
Summary Offences Act 1953
10Amendment of section 83B—Dangerous
areas
Part 10—Transitional
provisions
12Interpretation
13Appeals
14Detention
15Directions
16Other transitional
provisions
The Parliament of South Australia enacts as
follows:
This Act may be cited as the South Australian Public Health
Act 2010.
This Act will come into operation on a day to be fixed by
proclamation.
(1) In this Act,
unless the contrary intention appears—
appointed member of SAPHC means a member of SAPHC other than
the Chief Public Health Officer;
authorised officer means a person appointed to be a State or
local authorised officer under
Part 3
Division 5;
building includes a structure;
Chief Executive means the Chief Executive of the Department
and includes a person for the time being acting in that position;
Chief Public Health Officer includes a person for the time
being acting in that position;
contaminant means any of the following prescribed by
regulation:
(a) an antibiotic;
(b) a pathogen;
(c) another thing that may contaminate food or any other prescribed
substance or material;
controlled notifiable condition means a disease or medical
condition that is a controlled notifiable condition, or taken to be a controlled
notifiable condition, under
Part 10;
council means a council within the meaning of the Local
Government Act 1999;
council subsidiary means a subsidiary of a council
established under the
Local
Government Act 1999;
the Department means the administrative unit of the Public
Service that is, under the Minister, responsible for the administration of this
Act;
District Court means the Administrative and Disciplinary
Division of the District Court;
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
Part 3
Division 6;
food has the same meaning as in section 5 of the Food
Act 2001;
food business has the same meaning as in section 4 of
the
Food
Act 2001;
legal practitioner means a person admitted and enrolled as a
practitioner of the Supreme Court of South Australia;
LGA means the Local Government Association of South
Australia;
local authorised officer—see
section 44;
local government area means the area of a council;
medical condition includes—
(a) a medical symptom or pattern of medical symptoms, including symptoms
discerned from any signs or results of investigations, that indicate a disease
(whether defined or yet to be determined);
(b) an illness or injury arising from a person being contaminated by 1 or
more substances or biological pathogens;
(c) an injury or any death that gives rise to a public health
concern;
medical practitioner means a person registered under the
Health Practitioner Regulation National Law to practise in the medical
profession (other than as a student);
notifiable condition means a disease or medical condition
that is a notifiable condition under
Part 9;
pathology service means a service in which human tissue,
human fluids or human body products are subjected to analysis for the purposes
of the prevention, diagnosis or treatment of disease in human beings;
premises means—
(a) any land, building (including residential premises) or place
(including a public place, or a movable building or structure); or
(b) a part of premises;
public authority means—
(a) a department under the Public
Sector Act 2009; or
(b) a body, whether incorporated or unincorporated, established for a
public purpose by the State, regardless of the way in which it is established;
or
(c) a council or council subsidiary; or
(d) the Police Force of South Australia; or
(e) a member or officer of a body referred to in a preceding paragraph;
or
(f) a person or body, or a person or body of a class, brought within the
ambit of this definition by the regulations;
public health means the health of individuals in the context
of the wider health of the community;
public health emergency—see
section 87;
Public Health Emergency Management Plan means a plan (or a
series of plans) prepared by the Chief Executive and approved by the Minister
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.
public health incident—see
section 86;
public notice means notice given in accordance with
requirements prescribed by the regulations for the purposes of this
definition;
public place includes a place to which the public ordinarily
has access;
recovery operations has the same meaning as in the Emergency
Management Act 2004;
response operations has the same meaning as in the Emergency
Management Act 2004;
SAPHC means the South Australian Public Health Council
established under Part 3 Division 3;
State authorised officer—see
section 43;
State Co-ordinator means the person holding or acting in the
position of State Co-ordinator under the
Emergency
Management Act 2004;
vehicle includes an aircraft or vessel;
wastewater means water that has been used in any form of
human activity and includes—
(a) water containing
any form of waste or other matter or substance that may detract from its safety
or from public health; and
(b) without limiting
paragraph (a),
human waste either alone or in combination with water;
wastewater system means a system for collecting and managing
wastewater (including through treatment, reuse and disposal), whether or not
connected to the undertaking within the meaning of the Sewerage
Act 1929.
(2) Without limiting the definition of public health in
subsection (1),
public health may involve a combination of policies, programs and safeguards
designed—
(a) to protect, maintain or promote the health of the community at large,
including where 1 or more persons may be the focus of any safeguards,
action or response; or
(b) to prevent or reduce the incidence of disease, injury or disability
within the community.
(3) For the purposes of this Act, harm includes physical or
psychological harm, or potential harm, to individuals, whether of long term or
immediate impact or effect.
(4) For the purposes of this Act, potential harm includes
risk of harm and future harm.
(5) For the purposes of this Act, a person may cause something if he or
she—
(a) contributes to something happening or proceeding, or allows or permits
something to happen or proceed; or
(b) contributes to the continuation of a condition for which the person is
responsible, or allows or permits a condition for which the person is
responsible to continue.
Part 2—Objects,
principles and interaction with other Acts
(1) The objects of the Act are—
(a) to promote health and well being of individuals and communities and to
prevent disease, medical conditions, injury and disability through a public
health approach; and
(b) to protect individuals and communities from risks to public health and
to ensure, so far as is reasonably practicable, a healthy environment for all
South Australians and particularly those who live within disadvantaged
communities; and
(c) to provide for the development of effective measures for the early
detection, management and amelioration of risks to public health; and
(d) to promote the provision of information to individuals and communities
about risks to public health; and
(e) to encourage individuals and communities to plan for, create and
maintain a healthy environment; and
(f) to provide for or support policies, strategies, programs and campaigns
designed to improve the public health of communities and special or vulnerable
groups (especially Aboriginal people and Torres Strait Islanders) within
communities; and
(g) to provide for the prevention, or early detection, management and
control, of diseases, medical conditions and injuries of public health
significance; and
(h) to provide for the monitoring of any disease or medical condition of
public health significance in order to provide for the prevention or early
detection of any such disease or medical condition and for the protection of
individuals and the community from the threat of any such disease or medical
condition and from public health threats more generally; and
(i) to provide for the collection of information about incidence and
prevalence of diseases and other risks to health in South Australia for research
or public health purposes; and
(j) to establish a scheme for the performance of functions relating to
public health by the State and local governments.
(2) The Minister and other persons or bodies involved in the
administration of this Act must have regard to, and seek to further, the objects
of this Act.
5—Principles
to be recognised under Act
In the administration of this Act and in seeking to further the objects of
this Act, regard should be given to the principles set out in the following
sections (insofar as may be relevant in the circumstances).
(1) If there is a perceived material risk to public health, lack of full
scientific certainty should not be used as a reason for postponing measures to
prevent, control or abate that risk.
(2) In the application of this principle, decision-making and action
should be proportionate to the degree of public health risk and should be guided
by—
(a) a careful evaluation of what steps need to be taken to avoid, where
practicable, serious harm to public health; and
(b) an assessment of the risk-weighted consequences of options;
and
(c) an aim to ensure minimum disruption to an individual's activities, a
community's functioning and commercial activity consistent with providing any
necessary protection from identified public health risks.
7—Proportionate
regulation principle
Regulatory measures should take into account and, to the extent that is
appropriate, minimise adverse impacts on business and members of the community
while ensuring consistency with requirements to protect the community and to
promote public health.
Public health, social, economic and environmental factors should be
considered in decision-making with the objective of maintaining and improving
community well-being and taking into account the interests of future
generations.
Administrative decisions and actions should be taken after considering
(insofar as is relevant) the means by which public health risks can be prevented
and avoided.
Administrative decisions and actions should focus on the health of
populations and the actions necessary to protect and improve the health of the
community and, in so doing, the protection and promotion of the health of
individuals should be considered.
Individuals and communities should be encouraged to take responsibility for
their own health and, to that end, to participate in decisions about how to
protect and promote their own health and the health of their
communities.
(1) The protection and promotion of public health requires collaboration
and, in many cases, joint action across various sectors and levels of government
and the community.
(2) People acting in the administration of this Act should seek ways to
develop and strengthen partnerships aimed at achieving identified public health
goals consistent with the objects of this Act.
Decisions and actions should not, as far as is reasonably practicable,
unduly or unfairly disadvantage individuals or communities and, as relevant,
consideration should be given to health disparities between population groups
and to strategies that can minimise or alleviate such disparities.
14—Specific
principles—Parts 10 and 11
(1) The principles set out in this section apply for the purposes of
Part 10 and
Part 11.
(2) The overriding principle is that members of the community have a right
to be protected from a person whose infectious state or whose behaviour may
present a risk, or an increased risk, of the transmission of a controlled
notifiable condition.
(3) A person who has a controlled notifiable condition that is capable of
being transmitted to 1 or more other persons has a responsibility to take
reasonable steps or precautions to avoid placing others at risk on account of
the controlled notifiable condition.
(4) A person must not, insofar as is reasonably practicable, act in a
manner that will place himself or herself at risk of contracting a controlled
notifiable condition that is capable of being transmitted.
(5) Subject to the overriding principle and any steps reasonably necessary
to protect, or to minimise risks to, public health, and without limiting any
power under
Part 10 or
Part 11, a person
who may be the subject of an order, direction or requirement under either Part
is entitled to expect—
(a) to have his or her privacy respected and to have the benefit of
patient confidentiality; and
(b) to be afforded appropriate care and treatment, and to have his or her
dignity respected, without any discrimination other than that reasonably
necessary to protect public health; and
(c) insofar as is reasonably practicable and appropriate, to be given a
reasonable opportunity to participate in decision-making processes that relate
to the person on an individual basis, and to be given reasons for any decisions
made on such a basis; and
(d) to be subject to restrictions (if any) that are proportionate to any
risks presented to others (taking into account the nature of the disease or
medical condition, the person's state of health, the person's behaviour or
proposed or threatened behaviours, and any other relevant factor).
(6) Any requirement restricting the liberty of a person should not be
imposed unless it is the only effective way remaining to ensure that the health
of the public is not endangered or likely to be endangered.
(1) The Minister may,
from time to time, prepare or adopt guidelines that relate to the application of
these principles.
(2) The Minister should take reasonable steps to consult with SAPHC and
the LGA in the preparation of any guidelines, or before adopting any guidelines,
under
subsection (1).
(3) SAPHC may, as it thinks fit, request the Minister to develop
guidelines with respect to a particular matter or matters.
(4) A person or body involved in the administration of this Act must have
regard to any relevant guidelines under this section.
16—Interaction
with other Acts
(1) Except as
specifically provided by this Act, the provisions of this Act are in addition
to, and do not limit, the provisions of any other law of the State.
(2) Without limiting the generality of
subsection (1),
this Act is not intended to be construed so as to prevent any person from being
prosecuted under any other enactment for an offence that is also punishable by
this Act, or from being liable under any other law of the State to any penalty
or punishment that is higher than a penalty or punishment provided by this
Act.
(3) Nothing in this Act affects or limits a right or remedy that exists
apart from this Act.
(1) The Minister's functions in connection with the administration of this
Act include the following (to be performed to such extent as the Minister
considers appropriate):
(a) to further the objects of this Act by taking action to preserve,
protect or promote public health within the State;
(b) to promote proper standards of public and environmental health within
the State by ensuring that adequate measures are taken to give effect to the
provisions of this Act and to ensure compliance with this Act;
(c) to develop policies or codes of practice that are relevant
to—
(i) the scope of the duty under
Part 6;
or
(ii) identifying risks to public health; or
(iii) setting standards in connection with any activity, material,
substance or equipment relevant to public health; or
(iv) providing for other matters relevant to the operation or
administration of this Act, for matters that may be subject to regulations under
this Act, or for such other matters as the Minister thinks fit;
(d) to the extent that may be necessary, practicable or desirable, to
cooperate and coordinate with national or international action consistent with
the objects of this Act;
(e) to be a primary source of advice to the Government about health
preservation, protection and promotion;
(f) any other functions assigned to the Minister by this Act, or
considered by the Minister to be relevant to the operation of this or any other
relevant Act.
(2) The Minister may develop or adopt procedures for the provision of
advice to the Government—
(a) to ensure the promotion or implementation of policies or measures that
are designed to enhance the health of individuals and communities; and
(b) to ensure that the Minister is consulted or involved in the
development of policies or measures that may have a significant impact on the
public health.
(3) In addition, the Minister has the power to do anything necessary,
expedient or incidental to—
(a) performing the functions of the Minister under this Act; or
(b) administering this Act; or
(c) furthering the objects of this Act.
(1) In this section—
designated authority means—
(a) the Chief Public Health Officer; or
(b) SAPHC; or
(c) a government department or agency; or
(d) a council or council subsidiary.
(2) The Minister may require a designated authority to provide a report on
any matter relevant to the administration or operation of this Act.
(3) In a case involving a council, the Minister may require that the
council provide a combined report with 1 or more other councils.
(4) A requirement under this section may be (but need not necessarily be)
that a report be provided—
(a) on a periodic basis specified by the Minister; or
(b) on or in relation to the occurrence of an act or event specified by
the Minister.
(5) A designated authority must provide the report in accordance with the
requirements of the Minister.
(6) This section does not limit the operation of any other provision
relating to the provision of reports.
(1) The Minister may delegate a function or power conferred on the
Minister under this Act—
(a) to a specified person or body; or
(b) to a person occupying or acting in a specified office or
position.
(2) A delegation—
(a) may be made subject to conditions or limitations specified in the
instrument of delegation; and
(b) if the instrument of delegation so provides, may be further delegated
by the delegate; and
(c) is revocable at will and does not prevent the delegator from acting
personally in a matter.
Division 2—Chief
Public Health Officer
20—Office
of Chief Public Health Officer
(1) There will be a position of Chief Public Health
Officer.
(2) The Governor will make an appointment to the position of Chief Public
Health Officer on the recommendation of the Minister.
(3) A person appointed as the Chief Public Health Officer must have
qualifications and experience in the field of public health, or a related field,
determined by the Minister to be suitable for the purposes of appointment to the
position of Chief Public Health Officer.
(4) The terms on which a person is appointed to the position of Chief
Public Health Officer will be determined by the Governor.
(5) The position of Chief Public Health Officer may be held by a member of
the Public Service.
21—Functions
of Chief Public Health Officer
(1) The Chief Public
Health Officer's functions are as follows:
(a) to develop and implement strategies to protect or promote public
health;
(b) to ensure that this Act, and any designated health legislation, are
complied with;
(c) to advise the Minister and the Chief Executive of the Department about
proposed legislative or administrative changes related to public health, and
about other matters relevant to public health;
(d) to establish and maintain a network of health practitioners and
agencies designed to foster collaboration and coordination to promote public
health and the furtherance of the objects of this Act;
(e) at the request of Minister or on the Chief Public Health Officer's own
initiative, to investigate and report on matters of public health
significance;
(f) after advising the Minister and the Chief Executive of the Department,
to make public statements on matters relevant to public health;
(g) any other functions assigned to the Chief Public Health Officer by
this Act or any other Act or by the Minister.
(2) The Chief Public Health Officer must, in the performance of functions
under this Act, insofar as the Chief Public Health Officer thinks necessary and
appropriate, consult with other persons or bodies involved in the administration
of this Act.
(3) In
subsection (1)—
designated health legislation means—
(a) any other Act committed to the administration of the Minister that is
relevant to the objects or operation of this Act; and
(b) any other Act, or any part of any other Act, designated by the
regulations for the purposes of this paragraph.
22—Risk
of avoidable mortality or morbidity
(a) the Chief Public Health Officer becomes aware of the existence of, or
potential for the occurrence of, a situation putting a section of the community
or a group of individuals at an increased risk of avoidable mortality or
morbidity; and
(b) the Chief Public Health Officer considers that effective solutions
exist for the reduction or elimination of those risks,
the Chief Public Health Officer may request the participation of any public
authority whose intervention may be useful in identifying or producing a
response to the circumstances being faced.
(2) A public
authority that receives a request under
subsection (1)
must consider the request and then respond to the Chief Public Health Officer
within a reasonable time.
(3) A response under
subsection (2)
must include details about—
(a) any steps already being taken by the public authority that may be
relevant in the circumstances; and
(b) any plans that the public authority may have that may be relevant in
the circumstances; and
(c) any steps that the public authority is willing to take in the
circumstances; and
(d) any other matter relating to the public authority that appears to be
relevant.
(4) The Chief Public Health Officer—
(a) must advise the
Minister if or when—
(i) the Chief Public Health Officer makes a request of a public authority
under
subsection (1);
or
(ii) a public authority provides a response under
subsection (2);
and
(b) without limiting
paragraph (a),
must take reasonable steps to advise the Minister from time to time on action
being taken to address any situation that puts a section of the community or a
group of individuals at an increased risk of avoidable mortality or
morbidity.
23—Biennial
reporting by Chief Public Health Officer
(1) The Chief Public
Health Officer is required to prepare a written report every 2 years
about—
(a) public health trends, activities and indicators in
South Australia; and
(b) the implementation of the State Public Health Plan; and
(c) the administration of this Act.
(2) A report must also address any issue identified by the Minister for
inclusion in the report.
(3) A report must be furnished to the Minister within 3 months after
it is prepared.
(4) The Minister must, within 12 sitting days after receipt of a
report under this section, cause a copy of the report to be laid before both
Houses of Parliament.
(1) The Chief Public Health Officer may delegate a function or power
conferred on the Chief Public Health Officer under this or any other
Act—
(a) to a specified person or body; or
(b) to a person occupying or acting in a specified office or
position.
(2) A delegation—
(a) may be made subject to conditions or limitations specified in the
instrument of delegation; and
(b) if the instrument of delegation so provides, may be further delegated
by the delegate; and
(c) is revocable at will and does not prevent the delegator from acting
personally in a matter; and
(d) to avoid doubt, may include acting as the presiding member of
SAPHC.
25—Appointment
of Acting Chief Public Health Officer
(1) If the Chief Public Health Officer is temporarily absent, or the Chief
Public Health Officer's position is temporarily vacant, the Chief Executive may
assign a suitable person to act in the Chief Public Health Officer's position
during the absence or vacancy.
(2) The terms on which a person is appointed will be determined by the
Chief Executive after consultation with the Minister.
(3) A member of the Public Service may be appointed under this
section.
(4) A person appointed to act in the Chief Public Health Officer's
position has, while so acting, all the functions and powers of the Chief Public
Health Officer.
Division 3—South
Australian Public Health Council
The South Australian Public Health Council (SAPHC) is
established.
(1) SAPHC consists of—
(a) the Chief Public Health Officer ex officio (who will be the
presiding member); and
(b) 9 other members appointed by the Governor on the nomination of
the Minister, of whom—
(i) 2 must have experience in local government selected by the
Minister from a panel of 5 nominated by the LGA; and
(ii) 1 must have qualifications in public health and experience in
the administration of public health at the local government level selected by
the Minister from a panel of 5 nominated by Environmental Health Australia
(South Australia) Incorporated; and
(iii) 2 must be persons nominated by the Minister who have
qualifications in public health; and
(iv) 1 must have experience in the administration of environment
protection laws or strategies or in environmental management, selected by the
Minister from a panel of 5 nominated by the Presiding Member of the Board
of the Environment Protection Authority; and
(v) 1 must be a person nominated by the Minister who has experience
in the field of health promotion; and
(vi) 1 must be a person nominated by the Minister who has experience
in the prevention and control of communicable diseases; and
(vii) 1 must be a person nominated by the Minister who has experience
in non-government community sector activities relevant to public
health.
(2) If the Minister, by notice in writing, requests a body to make
nominations for the purposes of this section, and the body fails to make the
nominations within the time allowed in the notice, a person may be appointed to
SAPHC on the Minister's nomination and that member will be taken to have been
appointed on the nomination of the body in default.
(3) The Governor may appoint a suitable person to be the deputy of a
member of SAPHC and the deputy may, in the absence of that member, act as a
member of SAPHC.
(4) The provisions of this section relating to the qualification and
nomination of a member extend to a deputy of that member.
(1) An appointed member of SAPHC will hold office on conditions determined
by the Governor for a term, not exceeding 3 years, specified in the
instrument of appointment and will, at the expiration of a term of office, be
eligible for reappointment.
(2) The Governor may
remove an appointed member of SAPHC from office—
(a) for breach of, or non-compliance with, a condition of appointment;
or
(b) for mental or physical incapacity to carry out duties of office
satisfactorily; or
(c) for neglect of duty; or
(d) for dishonourable conduct.
(3) The office of an appointed member of SAPHC becomes vacant if the
member—
(a) dies; or
(b) completes a term of office and is not reappointed; or
(c) resigns by written notice addressed to the Minister; or
(d) is found guilty of an indictable offence; or
(e) becomes bankrupt or applies to take the benefit of a law for the
relief of insolvent debtors; or
(f) is removed from office by the Governor under
subsection (2).
(4) On the office of a member of SAPHC becoming vacant, a person must be
appointed to that office in accordance with this Act.
An appointed member of SAPHC is entitled to fees, allowances and expenses
approved by the Governor.
An act or proceeding of SAPHC is not invalid by reason only of a vacancy in
its membership or a defect in the appointment of a member.
SAPHC's functions are as follows:
(a) to assist and advise the Chief Public Health Officer in relation
to—
(i) the protection and promotion of public health; and
(ii) the development and maintenance of a system of strategic planning for
public health at the local, regional and State-wide levels; and
(iii) the development of health plans under this Act; and
(iv) strategies to ensure that a sufficiently trained and skilled
workforce is in place for the purposes of this Act; and
(v) programs to promote public health research in the State; and
(vi) the preparation of the biennial report under
Division 2;
and
(vii) the setting of standards and qualifications for authorised
officers;
(b) any other functions assigned to SAPHC by this or any other Act or by
the Minister or the Chief Public Health Officer.
(1) The presiding member of SAPHC will, if present at a meeting of SAPHC,
preside at the meeting and, in the absence of that member, the members present
may elect 1 of their number to preside.
(2) 6 members constitute a quorum of SAPHC.
(3) A decision carried by a majority of the votes cast by the members of
SAPHC present at a meeting of SAPHC is a decision of SAPHC.
(4) Each member present at a meeting of SAPHC is entitled to 1 vote
on a question arising for decision at the meeting and, in the event of an
equality of votes, the person presiding is entitled to a second, or casting,
vote.
(5) A conference by telephone or other electronic means between the
members of SAPHC will, for the purposes of this Act, be taken to be a meeting of
SAPHC at which the participating members are present if—
(a) notice of the conference is given to all members in the manner
determined by the members of SAPHC for that purpose; and
(b) each participating member is capable of communicating with every other
participating member during the conference.
(6) Subject to this Act, the business of SAPHC may be conducted in such
way as it determines.
33—Committees
and subcommittees
(1) SAPHC may
establish committees or subcommittees as SAPHC thinks fit to advise SAPHC on any
aspect of its functions, or to assist SAPHC in the performance of its
functions.
(2) A committee or subcommittee established under
subsection (1)
may, but need not, consist of, or include, members of SAPHC.
(3) The procedures to be observed in relation to the conduct of a business
of a committee or subcommittee will be—
(a) as determined by SAPHC; or
(b) insofar as a procedure is not determined by SAPHC—as determined
by the relevant committee or subcommittee.
(1) SAPHC may delegate a function or power conferred on SAPHC under this
or any other Act—
(a) to a specified person or body; or
(b) to a person occupying or acting in a specified office or
position.
(2) A delegation—
(a) may be made subject to conditions or limitations specified in the
instrument of delegation; and
(b) if the instrument of delegation so provides, may be further delegated
by the delegate; and
(c) is revocable at will and does not prevent the delegator from acting
personally in a matter.
(1) SAPHC must, on or before 31 October in each year, provide to the
Minister a report on its activities for the financial year ending on the
preceding 30 June.
(2) The Minister must, within 12 sitting days after receipt of a
report under this section, cause a copy of the report to be laid before both
Houses of Parliament.
SAPHC may, by arrangement with the relevant body, make use of the services
of the staff, equipment or facilities of a public authority.
(1) A council is the
local public health authority for its area.
(2) In connection with
subsection (1),
the following functions are conferred on a council by this Act:
(a) to take action to preserve, protect and promote public health within
its area;
(b) to cooperate with other authorities involved in the administration of
this Act;
(c) to ensure that adequate sanitation measures are in place in its
area;
(d) insofar as is reasonably practicable, to have adequate measures in
place within its area to ensure that activities do not adversely affect public
health;
(e) to identify risks to public health within its area;
(f) as necessary, to ensure that remedial action is taken to reduce or
eliminate adverse impacts or risks to public health;
(g) to assess activities and development, or proposed activities or
development, within its area in order to determine and respond to public health
impacts (or potential public health impacts);
(h) to provide, or support the provision of, educational information about
public health and to provide or support activities within its area to preserve,
protect or promote public health;
(i) such other functions assigned to the council by this Act.
(1) In addition to its other functions, a council must provide, or support
the provision of, immunisation programs for the protection of public health
within its area.
(2) Services associated with the provision of immunisation programs will
be provided with the support of the Department.
(3) The Minister must take reasonable steps to enter into and maintain a
memorandum of understanding with the LGA about the provision of immunisation
services and support under this section.
39—Cooperation
between councils
(1) A council may, in performing its functions or exercising its powers
under this Act, act in conjunction or partnership with, or cooperate or
coordinate its activities with, 1 or more other councils.
(2) The Chief Public
Health Officer may request a council to cooperate with 1 or more other
councils if the Chief Public Health Officer considers that the councils share a
common area of concern.
(3) If a council receives a request under
subsection (2),
the council must, within 28 days after receiving the request or such longer
period as the Chief Public Health Officer may specify, furnish the Chief Public
Health Officer with a written report on the action that the council intends to
take in response to the request.
40—Power
of Chief Public Health Officer to act
(a) the Chief Public Health Officer considers that a public health risk
exists that has significance in relation to the areas of 2 or more
councils; or
(b) the Chief Public Health Officer considers that action under this
section is warranted in order to support or enhance the Minister's functions to
preserve, protect or promote public health within the State,
the Chief Public Health Officer may exercise any power conferred on a
council under this Act (as if the Chief Public Health Officer were a
council).
(2) Subject to
subsection (3),
before taking action under
subsection (1) the
Chief Public Health Officer must take reasonable steps to consult with the
council or councils for the area or areas where the Chief Public Health Officer
intends to act, and with SAPHC.
(3) If the Chief
Public Health Officer considers that urgent action is required, the Chief Public
Health Officer may, after informing the Minister of his or her proposed course
of action, take action under
subsection (1)
without complying with
subsection (2)
(but the Chief Public Health Officer must then, within a reasonable time after
taking the action, advise the relevant council or councils of the action that
has been taken).
41—Council
failing to perform a function under Act
(1) If, in the
opinion of the Minister, a council has failed, in whole or in part, to perform a
function conferred on the council under this Act, the Minister may consult with
the council in relation to the matter.
(2) If, after
consulting under
subsection (1),
the Minister considers that the council's failure is significant, the Minister
may, after consulting with SAPHC, direct the council to perform a function under
this Act.
(3) A direction under
subsection (2)—
(a) must be in writing; and
(b) must set out the grounds on which the Minister is acting;
and
(c) must set out the action that the Minister considers should be taken by
the council.
(4) The Minister must cause a copy of the direction to be published in the
Gazette within a reasonable time after it is furnished to the council.
(5) If a council
fails to comply with a direction under this section, the Minister may, by notice
served on the council, withdraw powers of the council under this Act and
transfer them to the Chief Public Health Officer (and any such notice will have
effect according to its terms).
(6) Before taking
action under
subsection (5)—
(a) the Minister must, by notice in writing—
(i) inform the council of the Minister's proposed course of action
(setting out the grounds on which the action is proposed); and
(ii) invite the council to make written submissions to the Minister in
relation to the matter within a period specified by the Minister; and
(b) if the council so requests in its written submissions to the
Minister—the Minister must discuss the matter with a delegation
representing the council; and
(c) the Minister must, at such time as the Minister thinks fit, consult
with the Chief Public Health Officer and SAPHC.
(7) The Minister must cause a copy of the notice under
subsection (5) to
be published in the Gazette within a reasonable time after it is served on the
council.
(8) A member of the
staff of the council must comply with any request or direction of the Chief
Public Health Officer in or in connection with the exercise of a power
transferred to the Chief Public Health Officer under this section.
(9) Insofar as is reasonably practicable, the Chief Public Health Officer
must give any direction under
subsection (8)
through the chief executive officer of the council.
(10) The Chief Public Health Officer, or a person acting under the
authorisation of the Chief Public Health Officer, is entitled to make use of the
equipment or facilities of the council, without any other authority, in
connection with the exercise of a power transferred to the Chief Public Health
Officer under this section.
(11) An act of the Chief Public Health Officer in the exercise of a power
transferred to the Chief Public Health Officer will be taken to be an act of the
council.
(12) The Chief Public Health Officer must, in acting under this section,
have due regard to the role and responsibilities of the council to its community
in other respects.
(13) The Minister may recover as a debt costs and expenses reasonably
incurred in the Chief Public Health Officer exercising powers under this section
from the council.
(14) The Minister
may, after consultation with the Chief Public Health Officer and SAPHC, by
notice served on the council, vary or revoke a notice under
subsection (5).
(15) The Minister must cause a notice under
subsection (14) to
be published in the Gazette within a reasonable time after it is served on the
council.
(16) In this section—
function includes a power or duty.
42—Transfer
of function of council at request of council
(1) A council may
request that a function of the council under this Act be performed by the Chief
Public Health Officer.
(2) A request under
subsection (1)—
(a) must be made to the Minister; and
(b) must be in writing; and
(c) must be accompanied or supported by such information that the Minister
may require.
(3) The Minister must, after receiving a request, consult with the Chief
Public Health Officer and SAPHC.
(4) The Minister may
then, if the Minister thinks fit, by notice in the Gazette, transfer a specified
function of the council to the Chief Public Health Officer (and any such notice
will have effect according to its terms).
(5) A member of the
staff of the council must comply with any request or requirement of the Chief
Public Health Officer in or in connection with the performance of a function
transferred to the Chief Public Health Officer under this section.
(6) Insofar as is reasonably practicable, the Chief Public Health Officer
must impose any requirement under
subsection (5)
through the chief executive officer of the council.
(7) The Chief Public Health Officer, or a person acting under the
authorisation of the Chief Public Health Officer, is entitled to make use of the
equipment or facilities of the council, without any other authority, in
connection with the performance of a function transferred to the Chief Public
Health Officer under this section.
(8) An act of the Chief Public Health Officer in the performance of a
function transferred to the Chief Public Health Officer will be taken to be an
act of the council.
(9) The Chief Public Health Officer must, in acting under this section,
have due regard to the role and responsibilities of the council to its community
in other respects.
(10) The Minister may recover costs and expenses associated with the Chief
Public Health Officer acting under this section under an agreement with the
council.
(11) The Minister may, at the request of the council, or on the Minister's
own initiative after consultation with the council, the Chief Public Health
Officer and SAPHC, vary or revoke a notice under
subsection (4) by
further notice in the Gazette.
(12) In this section—
function includes a power or duty.
Division 5—Authorised
officers
(1) The Minister may appoint a suitably qualified person to be a State
authorised officer.
(2) An appointment
under this section may be made subject to such conditions or limitations as the
Minister thinks fit.
(3) Without limiting
subsection (2),
the powers conferred on a State authorised officer under this or any other Act
may be exercised in the whole of the State or such part or parts of the State as
may be specified in the instrument of appointment.
(4) A State authorised officer is subject to direction by the Chief Public
Health Officer.
(5) The Minister may vary or revoke an appointment at any time.
(1) A council may, by instrument in writing, appoint a suitably qualified
person to be a local authorised officer.
(2) An appointment
under this section may be made subject to such conditions or limitations as the
council thinks fit.
(3) Without limiting
subsection (2),
the powers conferred on a local authorised officer under this or any other Act
may be exercised within the area of the council.
(4) A local authorised officer is subject to direction by the
council.
(5) A person may hold an appointment as a local authorised officer from
more than 1 council.
(6) The council may vary or revoke an appointment at any time.
(7) A council must
notify the Chief Public Health Officer if the council—
(a) makes an appointment under this section; or
(b) revokes an appointment under this section.
(8) A notification under
subsection (7)
must be accompanied by such information as the Chief Public Health Officer
thinks fit and specifies for the purposes of this section from time to
time.
(9) A council must, in determining the number of local authorised officers
who should be appointed for its area, take into account any policy developed by
the Chief Public Health Officer for the purposes of this section.
(1) Subject to
subsection (2), a
person is not eligible for appointment as an authorised officer unless the
person holds qualifications approved by the Minister for the purposes of this
Division (being qualifications or classes of qualifications that may vary
according to factors determined by the Minister).
(2) The Minister may
grant exemptions from the operation of
subsection (1).
(3) An exemption may
be granted on conditions determined by the Minister.
(1) An authorised officer appointed under this Act must be issued with an
identity card in a form approved by the Chief Public Health
Officer—
(a) containing the person's name and a photograph of the person;
and
(b) stating that the person is an authorised officer for the purposes of
this Act; and
(c) setting out the name or office of the issuing authority.
(2) The identity card must be issued as soon as is reasonably practicable
after the appointment is made (but an authorised officer is not prevented from
exercising powers under this Act just because an identity card is yet to be
issued).
(3) An authorised 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 his or her identity card (unless the identity card is
yet to be issued).
(4) An authorised officer appointed under this Act must, on ceasing to be
an authorised officer for any reason, surrender his or her identity card to the
Chief Public Health Officer (if a State authorised officer) or the council that
made the appointment (if a local authorised officer).
Maximum penalty: $250.
47—Powers
of authorised officers
(1) An authorised
officer may, for any purpose connected with the administration or operation of
this Act or with the performance, exercise or discharge of a function, power or
duty under this Act—
(a) at any reasonable time, enter or inspect any premises or vehicle;
and
(b) during the course of the inspection of any premises or
vehicle—
(i) ask questions of any person found in the premises or vehicle;
and
(ii) inspect any article or substance found in the premises or vehicle;
and
(iii) take and remove samples of any substance or other thing found in the
premises or vehicle; and
(iv) require any person to produce any plans, specifications, books,
papers or documents; and
(v) examine, copy and take extracts from any plans, specifications, books,
papers or documents; and
(vi) take photographs, films or video recordings; and
(vii) take measurements, make notes and carry out tests; and
(viii) remove any article that may constitute evidence of the commission
of an offence against this Act; and
(c) require any person to answer any question that may be relevant
to—
(i) ascertaining whether the person is suffering from a notifiable
condition; or
(ii) the administration or enforcement of this Act.
(2) In the exercise of powers under this Act, an authorised officer may be
accompanied by such assistants as may be necessary or desirable in the
circumstances.
(3) An authorised
officer may use reasonable force to enter any premises or
vehicle—
(a) on the authority
of a warrant issued by a magistrate; or
(b) if the officer believes, on reasonable grounds, that the circumstances
require immediate action to be taken.
(4) A magistrate must not issue a warrant under
subsection (3)
unless satisfied—
(a) that there are reasonable grounds to suspect that an offence against
this Act has been, is being, or is about to be, committed; or
(b) that the warrant is reasonably required in the
circumstances.
(5) If an authorised officer is inspecting premises or a vehicle under
this section, the person in charge of the premises or vehicle must provide such
assistance as the authorised officer reasonably requires to facilitate the
inspection.
(6) A person who—
(a) hinders or obstructs an authorised officer, or a person assisting an
authorised officer, in the exercise of a power under this section; or
(b) having been asked a question under this section, does not answer the
question to the best of his or her knowledge, information and belief;
or
(c) being the person in charge of premises or a vehicle subject to an
inspection and having been required to provide reasonable assistance to
facilitate the inspection, refuses or fails to provide such
assistance,
is guilty of an offence.
Maximum penalty: $25 000.
(7) A person who furnishes information under this section cannot, by
virtue of doing so, be held to have breached any law or any principle of
professional ethics.
(8) It is not an excuse for a person to refuse or fail to furnish
information under this section on the ground that to do so might tend to
incriminate the person or make the person liable to a penalty.
(9) However, if compliance with a requirement to furnish information might
tend to incriminate a person or make a person liable to a penalty,
then—
(a) in the case of a person who is required to produce, or provide a copy
of, a document or information—the fact of production, or provision of, the
document or the information (as distinct from the contents of the documents or
the information); or
(b) in any other case—any answer given in compliance with the
requirement,
is not admissible in evidence against the person for an offence or for the
imposition of a penalty (other than proceedings in respect of the provision of
information that is false or misleading).
(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 or limitations 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.
Maximum penalty: $250.
Division 7—Specific
power to require information
49—Specific
power to require information
(1) The Minister, the
Chief Public Health Officer, a council or an authorised officer may require a
person to furnish such information relating to public health as may be
reasonably required for the purposes of this Act.
(2) A person who fails to comply with a requirement under
subsection (1) is
guilty of an offence.
Maximum penalty: $25 000.
Expiation fee: $750.
(3) A person who
furnishes information under this section cannot, by virtue of doing so, be held
to have breached any law or any principle of professional ethics.
(4) It is not an excuse for a person to refuse or fail to furnish
information under this section on the ground that to do so might tend to
incriminate the person or make the person liable to a penalty.
(5) However, if compliance with a requirement to furnish information might
tend to incriminate a person or make a person liable to a penalty,
then—
(a) in the case of a person who is required to produce, or provide a copy
of, a document or information—the fact of production, or provision of, the
document or the information (as distinct from the contents of the documents or
the information); or
(b) in any other case—any answer given in compliance with the
requirement,
is not admissible in evidence against the person for an offence or for the
imposition of a penalty (other than proceedings in respect of the provision of
information that is false or misleading).
Division 1—State
public health plan
(1) The Minister must prepare and maintain a plan to be called the
State Public Health Plan.
(2) The State Public
Health Plan is to set out principles and policies for achieving the objects of
this Act and implementing the principles established under this Act.
(3) In connection with the operation of
subsection (2),
the State Public Health Plan should—
(a) —
(i) comprehensively assess the state of public health in South Australia;
and
(ii) identify existing and potential public health risks and develop
strategies for addressing and eliminating or reducing those risks; and
(b) identify opportunities and outline strategies for promoting public
health in this State; and
(c) include information about issues identified in regional public health
plans established under this Part or any other plan or policy that the Minister
considers to be appropriate.
(4) The State Public Health Plan may also take into account any plan,
policy or strategy determined to be appropriate by the Minister.
(5) The Minister must review the State Public Health Plan at least once in
every 5 years.
(6) Subject to
subsection (7),
the Minister may amend the State Public Health Plan at any time.
(7) The Minister
must, in relation to any proposal to create or amend the State Public Health
Plan—
(a) prepare a draft of the proposal; and
(b) take reasonable steps to consult with SAPHC, the LGA, and any other
person or body considered relevant by the Minister, in relation to the proposal;
and
(c) by public notice, give notice of the place or places at which copies
of the draft are available for inspection (without charge) and purchase and
invite interested persons to make written representations on the proposal within
a period specified by the Minister.
(8)
Subsection (7)
does not apply in relation to an amendment that is being made—
(a) in order to ensure that the State Public Health Plan is consistent
with any plan, policy or strategy that—
(i) has been prepared, adopted or applied under another Act; and
(ii) falls within a class prescribed by the regulations for the purposes
of this provision; or
(b) in order to remove or replace information in the State Public Health
Plan that has been superseded by information that the Minister considers to be
more reliable or accurate; or
(c) in order to make a change of form (without altering the effect of an
underlying policy reflected in the State Public Health Plan); or
(d) in order to take action considered by the Minister to
be—
(i) addressing or removing irrelevant material or any duplication or
inconsistency (without altering the effect of an underlying policy reflected in
the State Public Health Plan); or
(ii) correcting an error; or
(e) in any circumstances prescribed by the regulations.
(9) The State Public Health Plan, or an amendment to the State Public
Health Plan, has no force or effect until published by the Minister in
accordance with the regulations.
(10) The Minister must ensure that copies of the State Public Health Plan
are reasonably available for inspection (without charge) and purchase by the
public at a place or places determined by the Minister.
(11) The State Public Health Plan is an expression of policy and does not
in itself affect rights or liabilities (whether of a substantive, procedural or
other nature).
(12) A failure of the Minister to comply with a requirement of this
section cannot be taken to affect the validity of the State Public Health Plan,
or any other plan or instrument under this Act.
Division 2—Regional
public health plans
51—Regional
public health plans
(1) A council or, if the Minister so determines or approves, a group of
councils, must prepare and maintain a plan for the purposes of the operations of
the council or councils under this Act (a regional public health
plan).
(2) A regional public health plan must be in a form determined or approved
by the Minister.
(3) If a group of councils are to prepare and maintain a regional public
health plan, a reference in this Part to a council is to be taken to be a
reference to the group of councils.
(4) Notwithstanding that a group of councils are to prepare and maintain a
regional public health plan, any council within the group may also prepare its
own plan that relates to 1 or more matters that are to apply specifically
within its area (and then this Part will apply accordingly).
(5) A plan should be consistent with the State Public Health
Plan.
(6) The Minister may,
from time to time, prepare or adopt guidelines to assist councils in the
preparation of regional public health plans.
(7) The Minister should take reasonable steps to consult with SAPHC and
the LGA in the preparation of any guidelines, or before adopting any guidelines,
under
subsection (6).
(8) A regional public health plan must—
(a) comprehensively assess the state of public health in the region;
and
(b) identify existing and potential public health risks and provide for
strategies for addressing and eliminating or reducing those risks; and
(c) identify opportunities and outline strategies for promoting public
health in the region; and
(d) address any public health issues specified by the Minister following
consultation with SAPHC and the LGA; and
(e) include information as to—
(i) the state and condition of public health within the relevant region,
and related trends; and
(ii) environmental, social, economic and practical considerations relating
to public health within the relevant region; and
(iii) other prescribed matters; and
(f) include such other information or material contemplated by this Act or
required by the regulations.
(9) In addition, a plan must—
(a) include information about issues identified in any plan, policy or
strategy specified by the Minister or SAPHC; and
(b) address, and be consistent with, any intergovernmental agreement
specified by the Minister.
(10) Subject to
subsection (11), a
council may amend a regional public health plan at any time.
(11) A council must,
in relation to any proposal to create or amend a regional public health
plan—
(a) prepare a draft of the proposal; and
(b) when the draft plan is completed, a council must—
(i) give a copy of it to—
(A) the Minister; and
(B) any incorporated hospital established under the Health
Care Act 2008 that operates a facility within the region;
and
(C) any relevant public health partner authority under
subsection (23);
and
(D) any other body or group prescribed by the regulations; and
(ii) take steps to consult with the public.
(12) The Minister may
require that a council consult with the Minister, or any other person or body
specified by the Minister, before a council releases a draft plan under
subsection (11).
(13) Before bringing
a regional public health plan into operation, a council must submit the plan to
the Chief Public Health Officer for consultation.
(14) The Chief Public
Health Officer may refer the plan to SAPHC or any other body determined by the
Chief Public Health Officer for further consultation.
(15) A council must take into account any comments made by the Chief
Public Health Officer, SAPHC, and any other body within the ambit of a
determination under
subsection (14),
at the conclusion of the consultation processes envisaged by
subsections (13)
and
(14).
(16) A council may then adopt a plan or amend a plan with or without
alteration.
(17) A council may undertake the processes set out in the preceding
subsections in conjunction with the preparation and adoption of its strategic
management plans under section 122 of the Local
Government Act 1999 (and may, if the council thinks fit,
incorporate a regional public health plan into its strategic management plans
under that Act).
(18) A regional public health plan may, by agreement with the public
health partner authority, provide for a public health partner authority to take
responsibility for undertaking any strategy, or for attaining any priority or
goal, under the plan.
(19) A regional public health plan must be reviewed at least once in every
5 years.
(20) A council must, in preparing and reviewing its regional public health
plan and insofar as is reasonably practicable, give due consideration to the
plans of other councils insofar as this may be relevant to issues or activities
under its plan.
(21) A council or council subsidiary must, when performing functions or
exercising powers under this or any other Act, insofar as may be relevant and
reasonable, have regard to the State Public Health Plan, any regional public
health plan that applies within the relevant area and any other requirement of
the Minister, and in particular must give consideration to the question whether
it should implement changes to the manner in which, or the means by which, it
performs a function or exercises a power or undertakes any other activity that
has been identified in the State Public Health Plan as requiring
change.
(22) A public health partner authority must, when performing a function
that is relevant to the State Public Health Plan or a regional public health
plan, insofar as is relevant and reasonable, have regard to the provision of the
plans.
(23) For the purposes
of this section—
(a) the regulations may provide for an entity to be a public health
partner authority for the purposes of this section; and
(b) the Minister may, after consultation with the relevant entity, by
notice in the Gazette, declare an entity to be a public health partner authority
for the purposes of this section (and may, after consultation with the entity,
revoke any such declaration by notice in the Gazette).
52—Reporting
on regional public health plans
(1) A council responsible for a regional public health plan must, on a
2 yearly basis, prepare a report that contains a comprehensive assessment
of the extent to which, during the reporting period, the council has succeeded
in implementing its regional public health plan to the Chief Public Health
Officer.
(2) In a year in which a report is required (a reporting
year), the report must be provided to the Chief Public Health Officer on
or before 30 September in the reporting year.
(3) The report must relate to a reporting period of 2 years ending on
30 June in the reporting year.
(4) The Chief Public Health Officer may, from time to time, issue
guidelines to assist in the preparation of reports on regional public health
plans by councils.
(5) The Chief Public Health Officer must provide a copy of each report
provided under this section to the Minister by 30 October in each reporting
year.
(1) The Minister may prepare and maintain policies under this Part (to be
called State Public Health Policies) that relate to any area of public
health in the State.
(2) A policy may do 1 or more of the following:
(a) specify matters that are to be taken to constitute risks to public
health for the purposes of this Act;
(b) specify the scope of the duty under Part 6 in specified cases or
circumstances (including so as to specify that a breach of the policy will be
taken to be a breach of that duty);
(c) set out or establish standards that are to apply to any activity,
condition, equipment or circumstance in order to prevent or manage a risk to
public health;
(d) provide for other measures or matters that are relevant to promoting
or achieving an improvement in public health in the State.
(3) A policy may adopt, wholly or partially and with or without
modification, a standard or other document prepared or published by another
person or body, either as in force at the time that the policy is made or as in
force from time to time.
(4) A policy may—
(a) be of general or limited application (including so as to apply only to
a specified part of the State); or
(b) make different provision according to the persons, things or
circumstances to which it is expressed to apply.
54—Procedure
for making policies
(1) The Minister
must, in relation to any proposal to create or amend a State Public Health
Policy—
(a) prepare a draft of the proposal; and
(b) take reasonable steps to consult with SAPHC, the LGA, and any other
person or body considered relevant by the Minister, in relation to the proposal;
and
(c) by public notice, give notice of the place or places at which copies
of the draft are available (without charge) and purchase and invite interested
persons to make written representations on the proposal within a period
specified by the Minister.
(2)
Subsection (1)
does not apply if the Minister considers that urgent action is required in the
circumstances but, in such a case, the Minister must, within 3 months after
the publication of the policy or any amendment, initiate the consultation
requirements of
subsection (1) as
if the policy or amendment were a draft proposal.
(3) An amendment to a policy arising from consultation under
subsection (2) may
be given effect by the Minister without the need for further
consultation.
(4) A policy, or an amendment to a policy, will take effect when published
by the Minister in accordance with the regulations.
(5) A policy, or an amendment to a policy, may take effect on a day
specified in the policy or amendment (being a day that falls on or after
publication).
(6) The Minister must ensure that copies of a policy are reasonably
available for inspection (without charge) and purchase by the public at a place
or places determined by the Minister.
55—Reference
of policies to Parliament
(1) The Minister
must, within 14 sitting days after the publication of a State Public Health
Policy, or an amendment to a State Public Health Policy, cause a copy of the
policy or the amendment (as the case may be) to be laid before both Houses of
Parliament.
(2) If either House
of Parliament—
(a) passes a resolution disallowing a policy laid before it under
subsection (1),
then the policy ceases to have effect;
(b) passes a resolution disallowing an amendment laid before it under
subsection (1),
then the amendment ceases to have effect (and the relevant policy will, from
that time, apply as if it had not been amended by that amendment).
(3) A resolution is not effective for the purposes of
subsection (2)
unless passed in pursuance of a notice of motion given within 14 sitting
days (which need not fall within the same session of Parliament) after the day
on which the policy or amendment (as the case may be) is laid before the
House.
(4) If a resolution is passed under
subsection (2),
notice of that resolution must forthwith be published in the Gazette.
(1) A person must
take all reasonable steps to prevent or minimise any harm to public health
caused by, or likely to be caused by, anything done or omitted to be done by the
person.
(2) In determining what is reasonable for the purposes of
subsection (1),
regard must be had, amongst other things, to the objects of this Act, and
to—
(a) the potential impact of a failure to comply with the duty;
and
(b) any environmental, social, economic or practicable implications;
and
(c) any degrees of risk that may be involved; and
(d) the nature, extent and duration of any harm; and
(e) any relevant policy under
Part 5;
and
(f) any relevant code of practice under
Part 8;
and
(g) any matter prescribed by the regulations.
(3) A person will be taken not to be in breach of
subsection (1) if
the person is acting—
(a) in a manner or in circumstances that accord with generally accepted
practices taking into account community expectations and prevailing
environmental, social and economic practices and standards; or
(b) in accordance with a policy or code of practice published by the
Minister in connection with the operation of this Part; or
(c) in circumstances prescribed by the regulations.
(4) Subject to
subsections (5)
and
(6), a person who
breaches
subsection (1) is
not, on account of the breach alone, liable to any civil or criminal
action.
(5) If a person
breaches
subsection (1),
compliance with the subsection may be enforced by the issuing of a notice under
Part 12.
(6)
Subsection (4)
does not limit or derogate from any other provision of this Act.
Part 7—General
public health offences
57—Material
risk to public health
(1) A person who causes a material risk to public health intentionally or
recklessly and with the knowledge that harm to public health will result is
guilty of an offence.
Maximum penalty: $250 000 or imprisonment for 5 years or
both.
(2) A person who causes a material risk to public health in circumstances
where the person ought reasonably be expected to know that harm to public health
will result is guilty of an offence.
Maximum penalty: $120 000 or imprisonment for 2 years or
both.
(3) A person who causes a material risk to public health is guilty of an
offence.
Maximum penalty: $25 000.
Expiation fee: $750.
(4) For the purposes of this section, a material risk to public health
occurs if the health of 1 or more persons has been, or might
reasonably be expected to be, harmed by an act or omission of another, but does
not include a case where the harm, or risk of harm, is trivial or
negligible.
58—Serious
risk to public health
(1) A person who causes a serious risk to public health intentionally or
recklessly and with the knowledge that harm to public health will result is
guilty of an offence.
Maximum penalty: $1 000 000 or imprisonment for 10 years or
both.
(2) A person who causes a serious risk to public health in circumstances
where the person ought reasonably be expected to know that harm to public health
will result is guilty of an offence.
Maximum penalty: $500 000 or imprisonment for 7 years or
both.
(3) A person who causes a serious risk to public health is guilty of an
offence.
Maximum penalty: $120 000.
(4) For the purposes of this section, a serious risk to public health
occurs if there is a material risk that substantial injury or harm to the health
of 1 or more persons has occurred, or might reasonably be expected to have
occurred, taking into account—
(a) the nature, scale and effects of the harm, and any associated illness,
injury or disability, that may arise; and
(b) the location, immediacy and seriousness of the threat to human health;
and
(c) whether the harm extends to 2 or more persons and, if so, the
total number of persons affected or likely to be affected; and
(d) the availability and effectiveness of any precaution, safeguard,
treatment or other measure that may be used to eliminate or reduce the
harm.
(1) In any
proceedings against a person for an offence under this Part, it is a defence to
prove that the person took all reasonable precautions and exercised all due
diligence to prevent the commission of the offence.
(2) Without limiting
subsection (1), it
is not proved that a person took all reasonable precautions and exercised all
due diligence to prevent the commission of the offence under this Part unless it
is proved that the person—
(a) had taken reasonable steps to prevent or avoid the circumstances that
gave rise to the risk to public health, including by putting in place any
systems or safeguards that might reasonably be expected to be provided;
and
(b) complied with the requirements of any notice or order under this Act
that related to the risk to public health; and
(c) as soon as becoming aware of the circumstances that gave rise to the
risk to public health—
(i) reported those circumstances to the Chief Public Health Officer, the
Department or a council; and
(ii) took all reasonable steps necessary to prevent or reduce the risk to
public health.
If in proceedings for an offence against this Part the court is not
satisfied that the defendant is guilty of the offence charged but is satisfied
that the defendant is guilty of an offence against this Part that carries a
lower maximum penalty (determined according to relative maximum monetary
penalties), the court may find the defendant guilty of the latter
offence.
Part 8—Prevention
of non-communicable conditions
61—Declaration
of non-communicable conditions
(1) The Minister may,
by notice in the Gazette, declare a disease or medical condition to be a
non-communicable condition if the Minister considers that the disease or medical
condition is of significance to public health.
(2) The Minister may, by further notice in the Gazette, revoke a
declaration under
subsection (1).
62—Minister
may issue code of practice
(1) The Minister may
issue a code of practice in relation to preventing or reducing the incidence of
a non-communicable condition.
(2) A code of
practice may relate to—
(a) an industry or sector;
(b) a section or part of the community;
(c) an activity, undertaking or circumstance.
(3) Without limiting
subsection (1)
or
(2), a code of practice
may relate to the manner in which, for the purposes of public
health—
(a) specified goods, substances or services are advertised, sponsored,
promoted or marketed (including through the provision of certain information to
consumers of certain goods, substances, or services);
(b) specified goods or substances are manufactured, distributed, supplied
or sold (including the composition, contents, additives and design of specified
goods or substances);
(c) buildings, infrastructure or other works are designed, constructed or
maintained;
(d) the public, or certain sections of the public, are able to access
specified goods, substances or services.
(4) The Minister must, before issuing or amending a code of practice,
insofar as is reasonably practicable, consult with any person or organisation
that the Minister considers to be representative of any industry or sector
affected by the proposed code or amendment.
(5) The Minister may
publish a report on the performance of an industry, sector or person in relation
to a code.
(6) The Minister must, before publishing a report under
subsection (5)
that would reasonably be expected to have an adverse impact on a person
specifically identified in the report, provide a copy of the report to the
person and then allow the person at least 14 days to make written
representations in relation to the contents of the report.
(7) No action lies against the Minister in respect of the contents of a
report published under this section.
Part 9—Notifiable
conditions and contaminants
Division 1—Notifiable
conditions
63—Declaration
of notifiable conditions
(1) The regulations
may declare a disease or medical condition to be a notifiable
condition.
(2) The Minister may,
if the Minister considers it to be necessary in the interests of public health
because of urgent circumstances, by notice in the Gazette, declare a disease or
medical condition to be a notifiable condition.
(3) A regulation or declaration under
subsection (1)
or
(2) may be varied from
time to time, or may be revoked, but a declaration of the Minister under
subsection (2)
will, unless revoked sooner, expire 6 months after publication in the
Gazette.
(4) The revocation or expiry of a declaration of the
Minister—
(a) does not prevent the disease or medical condition the subject of the
declaration being declared to be a notifiable condition by the regulations;
and
(b) does not prevent the disease or medical condition being the subject of
a further declaration of the Minister if the Minister considers that urgent
circumstances again warrant the declaration of the disease or medical condition
to be a notifiable condition.
(a) a medical practitioner; or
(b) a pathology service; or
(c) a person of a class prescribed by regulation,
suspects that a person has, or has died from, a notifiable condition, the
responsible person must as soon as practicable and, in any event, within
3 days of that suspicion being formed, report the case to the Chief Public
Health Officer.
Maximum penalty: $10 000.
(2) A report under
subsection (1)
must be—
(a) made in a manner and form determined by the Chief Public Health
Officer; and
(b) accompanied by the information required by the Chief Public Health
Officer to be furnished in connection with the provision of the
report.
(3) On the receipt of a report under
subsection (1)
that relates to a person in a local government area, the Chief Public Health
Officer must, if there is an immediate threat to public health in the area, as
soon as is reasonably practicable, communicate the contents of the report to the
council for the area.
(4) A medical practitioner who suspects that a person is suffering from a
notifiable condition is not required to make a report under
subsection (1)
with respect to that case if the practitioner knows or reasonably believes that
a report has already been made to the Chief Public Health Officer by another
medical practitioner who is, or has been, responsible for the treatment of the
person.
(5) Following receipt
of a report made under this section, the Chief Public Health Officer may from
time to time require additional information about the person or the person's
condition from—
(a) the person who provided the report; and
(b) any other person who the Chief Public Health Officer reasonably
believes could furnish the Chief Public Health Officer with information relevant
to preventing, monitoring or controlling the notifiable condition.
(6) A person must not, without reasonable excuse, fail to comply with a
requirement imposed on the person under
subsection (5).
Maximum penalty: $10 000.
(7) No civil liability arises from a statement made honestly and without
malice in, or in connection with, a report under this section.
(8) A person who furnishes information under this section cannot, by
virtue of doing so, be held to have breached any law or any principle of
professional ethics.
(9) A document held or produced by the Chief Public Health Officer for the
purposes of this section that relates to a particular person is not subject to
access under the Freedom
of Information Act 1991.
(10) In this section—
responsible person means—
(a) in relation to a medical practitioner—the medical
practitioner;
(b) in relation to a pathology service—the pathologist responsible
for the day to day operation of the pathology laboratory;
(c) in the case of a person of a class prescribed by regulation—a
person identified under the regulations.
The Department—
(a) must, on a monthly basis, provide each council with a report on the
occurrence or incidence of notifiable conditions in its area and any problems or
issues caused by or arising on account of such diseases or medical conditions
that may exist in its area; and
(b) must inform a council of the occurrence or incidence of any notifiable
condition in its area that constitutes, or may constitute, a threat to public
health.
66—Action
to prevent spread of infection
(1) If there is
danger to public health from the possible spread of a disease constituting a
notifiable condition, the Chief Public Health Officer or an authorised officer
authorised by the Chief Public Health Officer for the purposes of this section
may give such directions and take such action as may be appropriate to avert
that danger.
(2) Without limiting
the generality of
subsection (1),
the Chief Public Health Officer or authorised officer may—
(a) direct that any premises, vehicle or article be cleansed or
disinfected;
(b) direct the destruction of any article, substance, food or other
thing;
(c) seize any vehicle, article, substance, food or other thing;
(d) impose areas of quarantine or close premises;
(e) restrict movement into and out of any place or premises;
(f) take such other action as may be prescribed.
(3) A person who is given a direction or subject to some other form of
requirement under
subsection (1)
or
(2) must not, without
reasonable excuse, contravene or fail to comply with the direction or
requirement.
Maximum penalty: $25 000.
Expiation fee: $750.
(4) For the purpose of exercising a power under
subsection (1)
or
(2), an authorised
officer may be assisted by such assistants as may be necessary or desirable in
the circumstances.
(5) If a person fails
to take action in accordance with a direction or requirement, the Chief Public
Health Officer or an authorised officer may take that action or cause it to be
taken.
(6) The Crown or a council may recover as a debt costs and expenses
reasonably incurred in exercising powers under
subsection (5)
from the person who failed to take the required action.
(7) For the purpose
of exercising a power under this section, a person authorised to do so by the
Chief Public Health Officer—
(a) may enter premises or any vehicle at any reasonable time;
and
(b) may break into premises or any vehicle if authorised by a warrant
issued by a magistrate.
(8) A magistrate must not issue a warrant under
subsection (7)
unless satisfied that the warrant is reasonably required in the
circumstances.
(9) If the Chief Public Health Officer informs a council of the occurrence
of a disease constituting a notifiable condition, the council must take such
action as is reasonably open to the council to assist in preventing the spread
of the disease.
Division 2—Notifiable
contaminants
67—Declaration
of notifiable contaminants
(1) The regulations
may declare a contaminant to be a notifiable contaminant.
(2) The Minister may,
if the Minister considers it to be necessary in the interests of public health
because of urgent circumstances, by notice in the Gazette, declare a contaminant
to be a notifiable contaminant.
(3) A regulation or declaration under
subsection (1)
or
(2) may be varied from
time to time, or may be revoked, but a declaration of the Minister under
subsection (2)
will, unless revoked sooner, expire 6 months after publication in the
Gazette.
(4) The revocation or expiry of a declaration of the
Minister—
(a) does not prevent the contaminant the subject of the declaration being
declared to be a notifiable contaminant by the regulations; and
(b) does not prevent the contaminant being the subject of a further
declaration of the Minister if the Minister considers that urgent circumstances
again warrant the declaration of the contaminant to be a notifiable
contaminant.
68—Notification
of contaminant
(a) a laboratory service; or
(b) a person of a class prescribed by the regulations,
detects or isolates a notifiable contaminant in a circumstance prescribed
by the regulations for the purposes of this subsection, the responsible person
must as soon as practicable (and in any event within 24 hours) report the
detection or isolation to the Chief Public Health Officer.
Maximum penalty: $25 000.
Expiation fee: $750.
(2)
Subsection (1)
does not apply—
(a) if the notifiable
contaminant is detected or isolated in the course of a test carried out only
for—
(i) educational purposes; or
(ii) the purposes of academic research,
unless the test and the circumstances of the particular case indicate the
existence of a material risk to public health; or
(i) specified by the Chief Public Health Officer; or
(ii) prescribed by regulation.
(3) For the purposes of
subsection (2)(a),
a material risk to public health exists if the health of 1 or more persons has
been, or might reasonably be expected to be, harmed, but does not include a case
where the harm, or risk of harm, is trivial or negligible.
(4) If a person is,
in prescribed circumstances, informed at any time by a responsible person for a
laboratory service (including a laboratory service outside the State)
that—
(a) tests have been carried out by that laboratory in prescribed
circumstances; and
(b) the test conducted by the laboratory has detected or isolated a
notifiable contaminant,
the person must as soon as practicable (and in any event within
24 hours) report the detection or isolation to the Chief Public Health
Officer.
Maximum penalty: $15 000.
Expiation fee: $500.
(5)
Subsection (4)
does not apply in any circumstance specified by the Chief Public Health
Officer.
(6) A report under
subsection (1) or
(4) must
be—
(a) made in a manner and form determined by the Chief Public Health
Officer; and
(b) accompanied by the information required by the Chief Public Health
Officer to be furnished in connection with the provision of the
report.
(7) Following receipt
of a report made under this section, the Chief Public Health Officer may from
time to time—
(a) require additional information from—
(i) the person who provided the report;
(ii) any other person who the Chief Public Health Officer reasonably
believes could furnish the Chief Public Health Officer with information relevant
to monitoring or controlling the notifiable containment;
(b) require a person who provided the report to undertake, or cause to be
undertaken, testing (or further testing) specified by the Chief Public Health
Officer and to provide a further report or information to the Chief Public
Health Officer.
(8) A person must not, without reasonable excuse, fail to comply with a
requirement imposed on the person under
subsection (7).
Maximum penalty: $15 000.
Expiation fee: $500.
(9) No civil liability arises from a statement made honestly and without
malice in, or in connection with, a report under this section.
(10) A person who furnishes information under this section cannot, by
virtue of doing so, be held to have breached any law or any principle of
professional ethics.
(11) Any notification given by a person in compliance with this section is
not admissible in evidence against the person for an offence or for the
imposition of a penalty (other than proceedings in respect of the making of a
false or misleading statement).
(12) A regulation
under this section must be made on the recommendation of the Chief Public Health
Officer.
(13) A Chief Public Health Officer must not make a recommendation under
subsection (12)
unless or until the Chief Public Health Officer has taken reasonable steps to
consult with representatives, within any industry directly affected by the
regulation, considered relevant by the Chief Public Health Officer in relation
to the proposal to make the relevant regulations under this section.
(14) A document held or produced for the purposes of this section that
relates to a particular person is not subject to access under the Freedom
of Information Act 1991.
(15) In this section—
laboratory service means a service which performs tests or
analyses for the purpose of isolating or detecting contaminants in various
substances;
responsible person means—
(a) in relation to a laboratory service—the person responsible for
the day to day operation of the laboratory service;
(b) in the case of a person of a class prescribed by the
regulations—a person identified under the regulations.
Part 10—Controlled
notifiable conditions
The principles set out in
section 14 have
particular application to this Part.
70—Declaration
of controlled notifiable conditions
(1) The regulations
may declare a disease or medical condition to be a controlled notifiable
condition.
(2) The Minister may,
if he or she considers it to be necessary in the interests of public health
because of urgent circumstances, by notice in the Gazette, declare a disease or
medical condition to be a controlled notifiable condition.
(3) A regulation or declaration under
subsection (1) or
(2) may be varied from
time to time, or may be revoked, but a declaration of the Minister under
subsection (2)
will, unless revoked sooner, expire 6 months after publication in the
Gazette.
(4) The revocation or expiry of a declaration of the
Minister—
(a) does not prevent the disease or medical condition the subject of the
declaration being declared to be a controlled notifiable condition by the
regulations; and
(b) does not prevent the disease or medical condition being the subject of
a further declaration of the Minister if the Minister considers that urgent
circumstances again warrant the declaration of the disease or medical condition
to be a controlled notifiable condition.
71—Chief
Public Health Officer to be able to act in other serious
cases
(1) In this section—
serious disease, in relation to a particular person, means a
disease—
(a) which is, or may be, infectious; and
(b) which the Chief Public Health Officer reasonably believes to present a
serious risk to public health.
(2) This section
applies to a person if—
(a) the Chief Public Health Officer has reason to believe that the person
(the relevant person) has, or has been exposed to, a serious
disease; and
(b) the disease is not a controlled notifiable condition; and
(c) the Chief Public
Health Officer determines that it is appropriate for action to be taken under
this section; and
(d) the Chief Public
Health Officer serves notice of the determination on the relevant
person.
(3) In a case where this section applies—
(a) the serious disease will, in relation to the relevant person, be taken
to be a controlled notifiable condition; and
(b) the Chief Public Health Officer may take action under this Part in
relation to the relevant person as if the person had a controlled notifiable
condition.
(4) This section will cease to apply to a relevant person—
(a) if the Chief Public Health Officer revokes his or her determination
under
subsection (2)(c);
or
(b) at the expiration of 28 days from service of the notice under
subsection (2)(d);
or
(c) if the serious disease is declared to be a controlled notifiable
condition under this Part,
whichever first occurs.
(5) The fact that this section ceases to apply to a
person—
(a) does not effect any order, requirement or direction that applies in
relation to the person immediately before the time that this section ceases to
apply if the serious disease that gave rise to the application of this section
has been declared to be a controlled notifiable condition under this Division
(and is a controlled notifiable condition at the time that the section ceases to
apply); and
(b) does not prevent the section applying to the person again if the Chief
Public Health Officer has a reason to believe that the person is again suffering
from, or has been exposed to, another serious disease (and the other
requirements of
subsection (2) are
satisfied).
(1) If a requirement
is imposed under this Part in relation to a child—
(a) a parent or
guardian of the child who is aware of the requirement must take such steps as
are reasonably necessary and available to achieve compliance with the
requirement; and
(b) any requirement to serve any notice or other document will be
satisfied if service is effected on a parent or guardian of the child.
(2) The regulations may make other modifications to the operation of this
Part in relation to its application to children (and those modifications will
have effect according to their terms).
(3) A person who fails to comply with
subsection (1)(a)
is guilty of an offence.
Maximum penalty: $25 000.
(4) In this section—
child means a person under 16 years of age;
parent includes a person in loco parentis.
73—Power
to require a person to undergo an examination or test
(1) The Chief Public Health Officer may impose a requirement under this
section if
subsection (2) or
(3) applies.
(2) This subsection
applies if the Chief Public Health Officer has reasonable grounds to
believe—
(a) that a person has a controlled notifiable condition and the person
presents, has presented, or is likely to present, a risk to health through the
transmission of a disease constituting that condition; or
(b) that an incident has occurred or a circumstance has arisen in which a
person could have been exposed to, or could have contracted, a controlled
notifiable condition.
(3) This subsection
applies if—
(a) an incident has occurred or a circumstance has arisen, while a
caregiver or custodian is acting in that capacity, in which, if any of those
involved were infected by a disease constituting a controlled notifiable
condition, the disease could be transmitted to the caregiver or custodian;
and
(b) the Chief Public Health Officer has reasonable grounds to believe that
the imposition of a requirement under this section is necessary in the interests
of a rapid diagnosis and, if appropriate, treatment of any person involved in
the incident or connected with the circumstance (whether or not as a caregiver
or custodian).
(4) However, the
Chief Public Health Officer should not act under this section unless the Chief
Public Health Officer considers—
(a) that the person
has been given a reasonable opportunity to undertake an examination or testing
of the kind that will be subject to a requirement under this section but has
failed to do so; or
(b) that the imposition of a requirement under this section is reasonably
necessary for the purposes of a rapid diagnosis and, if appropriate, treatment
of the relevant person.
(5) A requirement
that may be imposed on a person under this section is that the
person—
(a) present himself or herself at such place and time as may be specified
by the Chief Public Health Officer in order to undergo a clinical examination or
to undertake (or be the subject of) tests, or both; and
(b) comply with any requirement imposed by a person who may conduct the
examination or carry out the tests.
(6)
Subsection (4)(a)
does not apply if the person is unconscious or the Chief Public Health Officer
considers that the person does not have the capacity to consent to an
examination or testing of the relevant kind.
(7) If the person is unconscious,
subsection (5) is
modified so as to allow the Chief Public Health Officer to arrange a clinical
examination or tests (or both) for the person.
(8) A requirement will be imposed by service of an order on the person
(unless the person is unconscious).
(9) The testing that may be undertaken under this section may include the
provision or taking of a sample of blood, urine or other biological
specimen.
(a) a person is examined or subject to any test under this section;
and
(b) the examination and any test disclose that the person does not have a
controlled notifiable condition,
the person is entitled to reasonable reimbursement from the Department for
costs and expenses directly incurred by the person in attending for the
examination and any test.
(11) An amount payable under
subsection (10)
may be recovered as a debt.
(12) The Chief Public Health Officer is entitled to be provided with a
report on the outcome of any examination or test conducted under this section
(and a person who conducted the examination or test must, at the request of the
Chief Public Health Officer, furnish the Chief Public Health Officer with such a
report).
(13) In this section—
care giver or custodian means—
(a) a person who is employed by, or performs work at, a health service;
or
(b) a person who provides, or who is associated with the provision of, any
medical service or other form of service designed to benefit human health;
or
(c) a person who is employed by, or performs work at, a pathology service;
or
(d) a person who—
(i) removes human tissue from a person, whether alive or dead;
or
(ii) handles human tissue,
under the Transplantation
and Anatomy Act 1983; or
(e) a police officer; or
(f) a legal custodian of a person who is in legal or protective custody
and any person who is employed or engaged by a legal custodian in the course of
keeping that person in legal or protective custody; or
(g) a person who is within a class prescribed by the regulations for the
purposes of this definition;
health service means a health service within the meaning of
the
Health
Care Act 2008.
74—Power
to require counselling
(1) If the Chief Public Health Officer has reasonable grounds to believe
that a person has, or has been exposed to, a controlled notifiable condition,
the Chief Public Health Officer may impose a requirement on the person under
this section.
(2) However, the Chief Public Health Officer should not act under this
section unless satisfied that the person has been given a reasonable opportunity
to participate in the relevant counselling or activity but has failed to do
so.
(3) A requirement will be imposed by service of an order on the
person.
(4) A requirement
that may be imposed on a person under this section is that the person
participate in 1 or more of the following:
(a) counselling;
(b) education;
(c) other activities relevant to understanding the controlled notifiable
condition or the impact or implications of the controlled notifiable
condition.
(5) Without limiting
subsection (4),
the order may specify the type, nature or extent of any counselling, and the
type or details of any information that must be provided to the
person.
(1) If—
(a) the Chief Public Health Officer has reasonable grounds to believe that
a person has, or has been exposed to, a controlled notifiable condition;
and
(b) the Chief Public Health Officer considers that an order under this
section is reasonably necessary in the interests of public health,
then the Chief Public Health Officer may give directions to the person
under this section.
(2) However, the Chief Public Health Officer should not act under this
section unless satisfied—
(a) that the person has undertaken counselling that is appropriate in the
circumstances, or has refused or failed to undertake counselling that has been
made reasonably available to the person; or
(b) that counselling is not appropriate or necessary in the circumstances
of the particular case; or
(c) that urgent action is required in the circumstances of the particular
case and that counselling can be provided after action is taken under this
section.
(3) Any direction will be imposed by service of an order on the
person.
(4) The directions
that may be imposed by an order under this section include:
(a) a direction that the person reside at a specified place and, if
considered to be appropriate by the Chief Public Health Officer, that the person
remain isolated;
(b) a direction that the person refrain from carrying out specified
activities (for example, without limitation, employment, use of public transport
or participation in certain events), either absolutely or unless specified
conditions are satisfied;
(c) a direction that the person refrain from a visiting specified place,
or a place within a specified class, either absolutely or unless specified
conditions are satisfied;
(d) a direction that the person refrain from associating with specified
persons or specified classes of persons;
(e) a direction that the person take specified action to prevent or
minimise any health risk that may be posed by the person;
(f) a direction that the person attend meetings and provide such
information as may be reasonably required in the circumstances;
(g) a direction that the person place himself or herself under the
supervision of a member of the staff of the Department or a medical practitioner
or other health professional nominated by the Chief Public Health Officer and
obey the reasonable directions of that person;
(h) a direction that
the person submit himself or herself to examination by a medical practitioner
nominated by the Chief Public Health Officer at such intervals as the Chief
Public Health Officer may require;
(i) a direction that
the person undergo specified medical treatment, including at a specified place
and time (or times);
(j) such other direction as to the person's conduct or supervision that
the Chief Public Health Officer considers to be appropriate in the
circumstances.
(5) The Chief Public Health Officer—
(a) must not impose a direction under
subsection (4)(h)
or
(i) if the Chief Public
Health Officer is satisfied that the person has a conscientious objection to the
relevant examination or treatment (as the case may be) due to a religious,
cultural or other similar ground; and
(b) must not impose a direction under
subsection (4)(i)
if the treatment would impose a serious threat to the person's health.
(6) However, if a direction under
subsection (4)(h)
or
(i) would relate to a
child, the Chief Public Health Officer may make a direction under either (or
both) paragraphs despite a conscientious objection of a parent or guardian of
the child if the Chief Public Health Officer considers that the relevant
examination or treatment (as the case may be) is in the best interests of the
child (and reasonably necessary in the interests of public health).
(1) A person who is the subject of an order, requirement or direction of
the Chief Public Health Officer under a preceding section under this Division
(including an order, requirement or direction as varied under this Division) may
apply to the District Court for a review of the order, requirement or
direction.
(2) An application under this section may be instituted at any time during
the currency of the order, requirement or direction (and, subject to
subsection (3),
more than 1 application may be made while the order, requirement or
direction is in force).
(3) If a second or
subsequent application is made with respect to the same order, requirement or
direction, the District Court must first consider whether there has been a
significant change in the material circumstances of the case and should, unless
the District Court in its discretion determines otherwise, decline to proceed
with the application (if it appears that the proceedings would simply result in
a rehearing of the matter without such a change in circumstances).
(4) Subject to complying with
subsection (3),
the District Court may, on hearing an application under this
section—
(a) confirm, vary or revoke any order, requirement or direction, or
substitute any order, requirement or direction;
(b) remit the subject matter to the Chief Public Health Officer for
further consideration;
(c) dismiss the matter;
(d) make any consequential or ancillary order or direction, or impose any
conditions, that it considers appropriate.
(5) The District Court is to hear and determine an application under this
section as soon as is reasonably practicable.
(6) An application for a review under this section will be taken to be the
making of an appeal for the purposes of the application of Part 6 Division 2 of
the District
Court Act 1991.
(1) If—
(a) the Chief Public Health Officer has reasonable grounds to believe that
a person has, or has been exposed to, a controlled notifiable condition;
and
(b) the person is or has been the subject of 1 or more directions
under
section 75 and has
contravened or failed to comply with a direction, or the Chief Public Health
Officer considers that there is a material risk the person would not comply with
1 or more directions under that section if they were to be imposed;
and
(c) the Chief Public Health Officer considers—
(i) that the person presents, or is likely to present, a risk to public
health; and
(ii) that action under this section is justified,
then the Chief Public Health Officer may make an order under this
section.
(2) However, the Chief Public Health Officer should not act under this
section unless satisfied—
(a) that the person has undertaken counselling that is appropriate in the
circumstances, or has refused or failed to undertake counselling that has been
made reasonably available to the person; or
(b) that counselling is not appropriate in the circumstances of the
particular case; or
(c) that urgent action is required in the circumstances of the particular
case and that counselling can be provided after action is taken under this
section.
(3) An order under this section must be served on the person.
(4) An order under this section will be that the person submit to being
detained at a specified place while the order is in force.
(5) An order under this section may contain other requirements relating to
the person's conduct or supervision that the Chief Public Health Officer
considers to be appropriate in the circumstances.
(6) Subject to this section, an order under this section—
(a) will be for an initial period not exceeding 30 days;
and
(b) will be able to be extended from time to time by the Chief Public
Health Officer for periods not exceeding 60 days.
(7) If the Chief Public
Health Officer considers that it will be necessary to extend an order under this
section beyond an initial period of 30 days, the Chief Public Health
Officer must, before the expiration of that period, apply to the Supreme Court
for a review of the order.
(8) If an application
is made under
subsection (7)—
(a) the order may be extended beyond the initial period of 30 days
pending the outcome of the application to the Supreme Court; and
(b) the Supreme Court should seek to hear and determine the application as
soon as is reasonably practicable after it is made to the Court; and
(c) the Supreme Court may, on hearing the application, confirm, vary or
revoke the order that has been made by the Chief Public Health
Officer.
(9) Furthermore, a
person must not be detained under this section for a period exceeding
6 months in total unless the Supreme Court has, on application by the Chief
Public Health Officer made for the purposes of this subsection, confirmed the
order (with or without any variation made by the Court).
(10) The Supreme Court will be constituted of a single Judge for the
purposes of proceedings under
subsections (7),
(8) and
(9).
(11) A Judge, in acting
under a preceding subsection, may make any consequential or ancillary order or
direction, or impose any conditions, the Judge considers appropriate (including
that the relevant person be released pending the outcome of the hearing of the
matter (if the Judge thinks fit) on such conditions, if any, as the Judge may
determine, or that the matter be brought back before the Supreme Court
constituted of a single Judge at a time, or within a period or periods,
specified by the Judge (and, if a matter is brought back before the Court, then
a Judge may make such orders as the Judge thinks fit)).
(12) The preceding subsections do not limit the ability of a person to
apply for a review of an order under this section under
section 78.
(13) A person who is detained under this section must be examined by a
medical practitioner at intervals not exceeding—
(a) 30 days; or
(b) such shorter period or periods as a Supreme Court Judge may determine
having regard to the nature of the controlled notifiable condition and the
extent to which the person has been affected by that condition.
(14) The Chief Public
Health Officer must facilitate any reasonable request for communication made by
a person detained under this section.
78—Review
of detention orders by Supreme Court
(1) A person who is the subject of an order of the Chief Public Health
Officer under
section 77 may
apply to the Supreme Court for a review of the order.
(2) An application under this section may be instituted at any time during
the currency of the order (and, subject to
subsection (3),
more than 1 application may be made while the order is in force).
(3) If a second or
subsequent application is made under this section with respect to the same
order, the Supreme Court must first consider whether there has been a
significant change in the material circumstances of the case and should, unless
the Supreme Court in its discretion determines otherwise, decline to proceed
with the application (if it appears that the proceedings would simply result in
a rehearing of the matter without such a change in circumstances).
(4) Subject to complying with
subsection (3),
the Supreme Court may, on hearing an application under this
section—
(a) confirm, vary or revoke the order, or substitute any order;
(b) remit the subject matter to the Chief Public Health Officer for
further consideration;
(c) dismiss the matter;
(d) make any consequential or ancillary order or direction, or impose any
conditions, that it considers appropriate.
(5) The Supreme Court will be constituted of a single Judge for the
purposes of this section.
(1) If the Chief
Public Health Officer considers it necessary to do so, the Chief Public Health
Officer may apply to a magistrate—
(a) for the issue of a warrant for the apprehension by an authorised
person of a person who has failed to comply with an order, requirement or
direction under this Division;
(b) for the person to whom the warrant relates—
(i) to be subject to any examination, test or other action required by the
order, requirement or direction to which the warrant relates; or
(ii) to be brought before a magistrate.
(2) If or when a
person is brought before a magistrate, the magistrate may take such action as
the magistrate thinks appropriate to achieve compliance with the relevant order,
requirement or direction, including—
(a) by making such orders as the magistrate thinks fit;
(b) by issuing a warrant for the detention of the relevant person until
the person is willing to comply with the order, requirement or
direction.
(3) Without limiting
subsection (1)
or
(2), a warrant under
this section may provide that the person be held in a place of quarantine or
isolation—
(a) for a period determined by the magistrate, or from time to time
subject to periodic reviews by a magistrate; or
(b) until otherwise determined by a magistrate.
(4) An authorised
person is authorised to take any action contemplated by a warrant under this
section (including to take a person to any place and to restrain a person while
any examination or testing is undertaken (including testing involving the taking
of a blood, urine or other biological sample)).
(5) Without limiting
subsection (4),
reasonable force may be used in the execution of a warrant under this
section.
(6) In the exercise of powers under a warrant, an authorised person may be
accompanied by such assistants as may be necessary or desirable in the
circumstances.
(7) A right of appeal exists to the Supreme Court (constituted of a single
judge) against a decision of a magistrate under this section.
(8) On an appeal, the Supreme Court may—
(a) confirm, vary or quash the magistrate's decision;
(b) make any order that the justice of the case may require.
(9) Subject to an appeal, an order of a magistrate under this section will
be taken to be an order of the Magistrates Court.
(10) In this section—
authorised person means—
(a) a police officer; or
(b) a person authorised by the Chief Public Health Officer to act as an
authorised person under this section.
80—General
provisions relating to orders, requirements and directions
(1) An order, requirement or direction under this Division may be given or
imposed on a person on 1 or more occasions.
(2) Any combination of orders, requirements or directions under this
Division may be given or imposed on a person at any time.
(3) The Chief Public Health Officer may at any time, by notice served on a
person, vary or rescind an order, requirement or direction under this
Division.
(4) If the Chief Public Health Officer serves an order or notice on a
person under this Division, the order or notice must be accompanied by a notice
in a form determined by the Chief Public Health Officer that—
(a) sets out the grounds on which the order or notice is made;
and
(b) contains a statement of the person's rights under this Act (including
a person's right to apply for a review under this Division); and
(c) contains any other information determined by the Chief Public Health
Officer to be relevant or appropriate.
A person who is the subject of an order, requirement or direction under
this Division must not, without reasonable excuse, contravene or fail to comply
with the order, requirement or direction.
Maximum penalty: $25 000.
Expiation fee: $750.
(1) The Chief Public Health Officer may establish a Case Management and
Co-ordination Advisory Panel (an Advisory Panel) to advise the
Chief Public Health Officer on the management of a person who is, or a group of
persons who are, the subject of an order, requirement or direction under this
Part.
(2) An Advisory Panel will consist of—
(a) a legal practitioner; and
(b) a person who is considered by the Chief Public Health Officer to be an
expert in infectious diseases; and
(c) any other person who is considered by the Chief Public Health Officer
to be an appropriate member of the Advisory Panel.
(3) A person will be appointed to an Advisory Panel on conditions
determined by the Chief Public Health Officer after consultation with the
Minister.
(4) An Advisory Panel must perform its functions—
(a) after taking into account any determination of the Chief Public Health
Officer as to the scope or performance of its functions in the circumstances of
the particular case; and
(b) in accordance with any protocols under
subsection (5).
(5) The Minister may,
as the Minister thinks fit, determine various protocols that must be complied
with by Advisory Panels in the performance of their functions.
(6) Information (including confidential information) may be disclosed to
an Advisory Panel in connection with the performance of its functions without
the breach of any law or principle of professional ethics.
(7) A member of an Advisory Panel must not make use of or disclose
information gained as a result of, or in connection with, the functions of the
Advisory Panel except—
(a) to the extent necessary for the proper performance of those functions;
or
(b) to the extent allowed by the regulations.
(1) In this section—
corresponding law means a law of another State declared by
the regulations to be a corresponding law;
order includes a notice, requirement or direction;
State includes a Territory.
(a) a person is subject to an order under a corresponding law;
and
(b) the terms of an order provide for matters that could be the subject
(wholly or substantially) of an order under this Part; and
(c) the person enters the State,
then, subject to
subsections (3)
and
(4), the order will
have effect in this State as if the order had been made under this
Part.
(3) An order that has
effect in this State under
subsection (2)—
(a) may, by notice served on the relevant person, be varied by the Chief
Public Health Officer, as it applies in this State, in such manner as the Chief
Public Health Officer thinks fit; and
(b) will cease to have effect in this State if—
(i) the order expires or is revoked under the corresponding law;
or
(ii) the order is revoked by the Chief Public Health Officer acting under
this provision.
(4) The cessation of
the operation of an order under this section does not prevent an order
subsequently being made under this Part in relation to the same
person.
A document held or produced by the Chief Public Health Officer, or any
other person acting in the course of official duties, for the purposes of this
Part that relates to a particular person is not subject to access under the
Freedom
of Information Act 1991.
Part 11—Management
of significant emergencies
The principles set out in
section 14 have
particular application to this Part.
(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, with
the approval of the Minister, 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.
(1) If it appears to the Chief Executive that an emergency has occurred,
is occurring or is about to occur, the Chief Executive may, with the approval of
the Minister, 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 86).
(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.
88—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 Public Health 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.
89—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.
90—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 89(1) of
this Act;
(j) section 25(2)(m) is to be read as if it did not include the words
in brackets.
Part 12—Notices
and emergency situations
In this Part—
relevant authority means—
(a) the Chief Public Health Officer; or
(b) a council.
Division 2—Notices
and emergencies
(1) A relevant authority may issue a notice under this section for the
purpose of—
(a) securing compliance with a requirement imposed by or under this Act
(including the duty under
Part 6 or a
requirement imposed under a regulation or a code of practice under this Act);
or
(b) averting, eliminating or minimising a risk, or a perceived risk, to
public health.
(2) Before issuing a
notice to secure compliance with the general duty under
Part 6, a relevant
authority—
(a) must have regard to—
(i) the number of people affected, or potentially affected, by the breach
of the duty;
(ii) the degree of harm, or potential degree of harm, to public health on
account of the breach of the duty;
(iii) any steps that a person in breach of the duty has taken, or proposed
to take, to avoid or address the impact of the breach of the duty,
and may have regard to such other matters as the relevant authority thinks
fit; and
(b) subject to this
section, must give the person to whom it is proposed that the notice be given a
preliminary notice in writing—
(i) stating the proposed action, including the terms of the proposed
notice and the period within which compliance with the notice will be required;
and
(ii) stating the reasons for the proposed action; and
(iii) inviting the person show, within a specified time (of a reasonable
period), why the proposed action should not be taken (by making representations
to the relevant authority or a person nominated to act on behalf of the relevant
authority).
(3) In a case where
subsection (2)(b)
applies, a relevant authority may, after considering representations made within
the time specified under
subsection (2)(b)—
(a) issue a notice in accordance with the terms of the original proposal;
or
(b) issue a notice
with modifications from the terms of the original proposal; or
(c) determine not to proceed further under this section.
(4) A relevant authority—
(a) is not required to give notice under
subsection (2)(b)
if it considers that urgent or immediate action is required in the circumstances
of the particular case; and
(b) is not required to give further notice before issuing a notice with
modifications under
subsection (3)(b).
(5) A notice under
this section—
(a) subject to
subsection (6),
must be in the form of a written notice served on the person to whom it is
issued; and
(b) must specify the person to whom it is issued (whether by name or by a
description sufficient to identify the person); and
(c) may direct 2 or more persons to do something specified in the notice
jointly; and
(d) without limiting any other provision, in the case of a notice that
relates to the condition of any premises, may be issued to any person
who—
(i) is the owner or
occupier of the premises; or
(ii) has the
management or control of the premises; or
(iii) is the trustee of a person referred to in
subparagraph (i)
or
(ii), or is managing
the affairs of such a person on some other basis; and
(e) must state the purpose for which the notice is issued and give notice
of the requirement or the risk to which it relates; and
(f) may impose any
requirement reasonably required for the purpose for which the notice is issued
including 1 or more of the following:
(i) a requirement that the person discontinue, or not commence, a
specified activity indefinitely or for a specified period or until further
notice from a relevant authority;
(ii) a requirement that the person not carry on a specified activity
except at specified times or subject to specified conditions;
(iii) a requirement that the person take specified action in a specified
way, and within a specified period or at specified times or in specified
circumstances;
(iv) a requirement that the person take action to prevent, eliminate,
minimise or control any specified risk to public health, or to control any
specified activity;
(v) a requirement that the person comply with any specified code or
standard prepared or published by a body or authority referred to in the
notice;
(vi) a requirement that the person undertake specified tests or
monitoring;
(vii) a requirement that the person furnish to a relevant authority
specified results or reports;
(viii) a requirement that the person prepare, in accordance with specified
requirements and to the satisfaction of the relevant authority, a plan of action
to secure compliance with a relevant requirement or to prevent, eliminate,
minimise or control any specified risk to public health;
(ix) a requirement prescribed under or for the purposes of the
regulations; and
(g) must state that the person may, within 14 days, apply for a
review of the notice or institute an appeal against the notice under the
provisions of this Act.
(6) An authorised
officer may, if of the opinion that urgent action is required, issue an
emergency notice imposing a requirement of a kind referred to in
subsection (5)(f)
as reasonably required in the circumstances.
(7) An emergency notice may be issued orally (and without compliance with
a requirement to give preliminary notice) but, in that event, the person to whom
the notice is issued must be advised forthwith of the person's right to appeal
to the District Court against the order.
(8) If an emergency notice is issued by an authorised officer, the notice
will cease to have effect on the expiration of 72 hours from the time of
issuing unless confirmed by a notice issued by a relevant authority and served
on the relevant person.
(9) A relevant authority may, by written notice served on a person to whom
a notice under this section has been issued by the relevant authority, vary or
revoke the notice.
(10) A person to whom a notice is issued under this section must not,
without reasonable excuse, fail to comply with the notice.
Maximum penalty: $25 000.
Expiation fee: $750.
(11) A person must not hinder or obstruct a person complying with a notice
under this section.
Maximum penalty: $25 000.
(12) The Minister may, as the Minister thinks fit, determine various
protocols that should be taken into account by a relevant authority under this
section.
(13) A protocol may include guidance as to which relevant authority should
act under this section in various classes of cases.
(14) The Minister should not adopt or vary a protocol under this section
except after consultation with—
(a) the Chief Public Health Officer; and
(b) the LGA.
(15) A relevant authority is not required to comply with any other
procedure, or to hear from any other person, except as provided by this section
before it issues a notice under this section.
93—Action
on non-compliance with notice
(1) If the
requirements of a notice under this Part are not complied with, a relevant
authority may take any action required by the notice.
(2) Action to be taken by a relevant authority under
subsection (1) may
be taken on the relevant authority's behalf by an authorised officer, a member
of the Department, or another person authorised by the relevant authority for
the purpose.
(3) A person taking action under this section may enter any relevant
premises at any reasonable time.
(4) The reasonable costs and expenses incurred by a relevant authority in
taking action under this section may be recovered by the relevant authority as a
debt from the person who failed to comply with the requirements of the
notice.
(5) If an amount is recoverable from a person by a relevant authority
under this section, the relevant authority may, by notice in writing to the
person, fix a period, being not less than 28 days from the date of the
notice, within which the amount must be paid by the person, and, if the amount
is not paid by the person within that period, the person is liable to pay
interest charged at the prescribed rate per annum on the amount
unpaid.
(6) In addition, where an amount recoverable under this section relates to
action taken in relation to any land (including a building or other structure on
land), the amount will be a charge on the land in favour of the relevant
authority in accordance with a scheme prescribed by the regulations (with a
priority determined in accordance with the regulations).
94—Action
in emergency situations
(1) If an authorised officer believes, on reasonable
grounds—
(a) that a situation is creating, or likely to create, a risk to public
health; and
(b) that immediate action is required,
the authorised officer may, after giving such notice (if any) as may be
reasonable in the circumstances, take action or cause action to be taken as
necessary to avert, control or eliminate the risk.
(2) In the exercise
of powers under this section, an authorised officer has, in addition to any
other powers of an authorised officer under this Act, power to—
(a) enter and take possession of any premises or vehicle (taking such
action as is reasonably necessary for the purpose); and
(b) seize, retain, move or destroy or otherwise dispose of any substance
or thing.
(3) The action taken under
subsection (2) may
include the use of force to enter any premises or vehicle without a warrant if
the authorised officer believes, on reasonable grounds, that the circumstances
requires such a step to be taken.
(4) Action may be taken under this section whether or not a notice has
been given to a person in relation to the risk under a preceding
section.
(5) The reasonable costs and expenses incurred by an authorised officer in
taking action under this section may be recovered by—
(a) in the case of action taken by a State authorised officer—the
Crown; or
(b) in the case of action taken by a local authorised officer—the
relevant council,
from any person who caused the risk to which the action relates, as a
debt.
Division 3—Reviews
and appeals
95—Reviews—notices
relating to general duty
(1) This section applies if a person has been issued with a notice under
this Part to secure compliance with the duty under
Part 6.
(2) A person to whom a notice has been issued may apply for a review of
the notice under this section.
(3) The review will be to the Public Health Review Panel (the
Review Panel) constituted under this section.
(4) The application must be made within 14 days after the notice is
served on the person unless the Review Panel, in its discretion, allows an
extension of time.
(5) Subject to a determination of the Review Panel to the contrary in
relation to a particular matter, the operation of a notice subject to a review
is not suspended pending the outcome of the proceedings.
(6) A review under this section is to be conducted as a full review of the
matter to which the review relates.
(7) For the purposes
of this section, the Review Panel will from time to time, in relation to a
particular review, be constituted by—
(a) the Chief Public Health Officer (who will be the presiding member);
and
(b) 2 members of
SAPHC selected by the Chief Public Health Officer for the purposes of the
particular review; and
(c) any other person or persons selected by the Chief Public Health
Officer in order to provide additional expertise on the panel.
(8) If the review relates to a notice issued by the Chief Public Health
Officer, a delegate of the Chief Public Health Officer must act in place of the
Chief Public Health Officer under
subsection (7).
(9) A reference to a member of SAPHC under
subsection (7)(b)
extends to a deputy of a member of SAPHC.
(10) 3 members of the Review Panel constitute a quorum of the Review
Panel.
(11) A decision carried by a majority of the votes cast by the members of
the Review Panel present at any proceedings of the Review Panel is a decision of
the Review Panel.
(12) Each member present at a meeting of the Review Panel is entitled to 1
vote on a question arising for decision and, in the event of an equality of
votes, the person presiding has a second, or casting, vote.
(13) A party is entitled to appear personally or, with leave of the Review
Panel, by representative, in proceedings before the Review Panel.
(14) The Review Panel may proceed to determine a matter in the absence of
a party if the party has had notice of the time and place of the proceedings and
fails to appear.
(15) The Review Panel may, on its own initiative or on application by a
party to the relevant proceedings—
(a) dismiss or determine any proceedings that appear—
(i) to be frivolous or vexatious; or
(ii) to have been instituted for the purpose of delay or obstruction, or
for some other improper purpose;
(b) bring any proceedings to an end that appear—
(i) to be more appropriately suited to proceedings before the District
Court rather than the Review Panel; or
(ii) to be unable to be satisfactorily resolved (or resolved within a
reasonable period) by proceedings before the Review Panel; or
(c) bring any proceedings to an end for any other reasonable
cause.
(16) In any proceedings, the Review Panel is not bound by the rules of
evidence but may inform itself about any matter relating to the proceedings in
such manner as it thinks fit.
(17) The Review Panel may, on hearing any proceedings under this
section—
(a) confirm, vary or revoke any requirement to which the review relates
and, if appropriate, discharge the relevant notice;
(b) substitute any requirement or notice that could have been made or
given in the first instance;
(c) remit the subject matter to the relevant authority for further
consideration;
(d) dismiss the matter;
(e) make an order for costs, but only to the extent that may be necessary
in the interests of justice;
(f) make any consequential or ancillary order or direction, or impose any
conditions, that it considers appropriate.
(18) The Review Panel is to hear and determine an application under this
section as soon as is reasonably practicable and in any event within
2 months unless the Chief Public Health Officer allows an extension of time
in a particular case.
(1) A person who has
been issued with a notice under this Part (including a notice to secure
compliance with the duty under
Part 6) may appeal
to the District Court—
(b) if review
proceedings have been taken under this Division—against the outcome of the
review (including any order or other matter made or imposed at the end of the
proceedings on the review).
(2) To avoid doubt, a person who has been issued with a notice to secure
compliance with the general duty may institute an appeal under this section
without the need to have already applied for a review of the notice under this
Division.
(3) A council may
appeal to the District Court against the outcome of review proceedings under
this Division.
(4) An appeal must be instituted within 14 days
after—
(a) in the case of an appeal under
subsection (1)(a)—the
notice is served on the person;
(b) in the case of an appeal under
subsection (1)(b)
or
(3)—the review
proceedings end.
(5) A relevant authority is entitled to be a party to any proceedings
under this section.
(1) If the Chief Public Health Officer has reasonable grounds to believe
that a deceased person has had a condition of public health concern, the Chief
Public Health Officer may, by instrument in writing, authorise the carrying out
of any test or procedure specified in the instrument on the body of the deceased
person.
(2) If the Chief
Public Health Officer has authorised the carrying out of a test or procedure
under this section, an authorised officer, accompanied by such assistants as the
authorised officer thinks necessary, may—
(a) enter premises (using such force as is necessary) in which the
authorised officer reasonably believes the body of the deceased person is
located; and
(b) search the premises for the body,
and, on finding the body, the authorised tests or procedure may be carried
out in accordance with this section.
(3) However, an authorised officer must not exercise a power to enter
premises under
subsection (2)
unless—
(a) the authorised officer has made a reasonable attempt to contact the
occupier of the premises and advise the occupier of the intention to exercise
such powers; and
(b) if force is required to enter premises—the authorised officer is
accompanied by a police officer.
(4) A test or procedure authorised under this section must be carried out
by—
(a) a medical practitioner; or
(b) a person who is qualified as required by the regulations to carry out
tests or procedures of the relevant type.
(5) A person carrying out a test or procedure under this section may be
assisted by any other person.
(6) Nothing in this section authorises the exhumation of a body.
98—Delegation
by Chief Executive
(1) The Chief Executive may delegate a function or power conferred on the
Chief Executive under this Act—
(a) to a specified person or body; or
(b) to a person occupying or acting in a specified office or
position.
(2) A delegation—
(a) may be made subject to conditions or limitations specified in the
instrument of delegation; and
(b) if the instrument of delegation so provides, may be further delegated
by the delegate; and
(c) is revocable at will and does not prevent the delegator from acting
personally in a matter.
(1) If a person, in
the course of official duties, obtains personal information relating to another,
the person must not intentionally disclose that information except to the extent
that the person is authorised to do so under
subsection (2).
Maximum penalty: $25 000.
(2) A person is
authorised to disclose information if the person is—
(a) disclosing information in the course of official duties, or for any
other purpose connected with the administration of this Act or a law of another
State or a Territory of the Commonwealth or of the Commonwealth; or
(b) disclosing
information as required by law; or
(c) without limiting
paragraph (b),
disclosing information as required by a court or tribunal constituted by law;
or
(d) disclosing information at the request, or with the consent, of the
person to whom the information relates or a guardian or medical agent of the
person; or
(e) disclosing
information to a relative, carer or friend of the person to whom the information
relates if—
(i) the disclosure is reasonably required for the treatment, care or
recovery of the person; and
(ii) there is no reason to believe that the disclosure would be contrary
to the person's best interests; or
(f) subject to the regulations (if any)—
(i) disclosing information to a health or other service provider if the
disclosure is reasonably required for the treatment, care or recovery of the
person to whom the information relates; or
(ii) disclosing information by entering the information into an electronic
records system established for the purpose of enabling the recording or sharing
of information between persons or bodies involved in the provision of health
services; or
(iii) disclosing information to such extent as is reasonably required in
connection with the management or administration of a hospital or ambulance
service; or
(g) without limiting a preceding paragraph, disclosing information to the
extent to which it is reasonably necessary—
(i) to provide treatment to the person; or
(ii) to prevent the transmission of any disease constituting a controlled
notifiable condition; or
(h) without limiting a preceding paragraph, disclosing information if the
disclosure is reasonably required to lessen or prevent a serious threat to the
life, health or safety of a person, or a serious threat to public health;
or
(i) disclosing information for medical, research or statistical purposes
if—
(i) there is no reason to believe that the disclosure would be contrary to
the person's best interests; and
(ii) the disclosure is of a kind approved by the Chief Public Health
Officer for the purposes of this paragraph; or
(j) disclosing information in accordance with the regulations.
(3)
Subsection (2)(e)
does not authorise the disclosure of information in contravention of a direction
given by the person to whom the information relates.
(4) In this section—
domestic partner—a person is a domestic partner of
another if the person is a domestic partner of the other within the meaning of
the Family
Relationships Act 1975, whether declared as such under that Act or
not;
personal information means—
(a) medical information; or
(b) information relating to a person's personal affairs;
relative—a person is a relative of another if the
person is a spouse, domestic partner or parent of the other of or over
18 years of age or a brother, sister, son or daughter of the
other.
100—Confidentiality
and provision of certain information
(1) This section
applies to a person employed or engaged by the State for the purpose
of—
(a) monitoring public health in the State; or
(b) investigating public health problems within the State; or
(c) assessing and improving the quality of public health in the
State.
(2) The Minister may,
by instrument in writing, authorise a person to whom this section applies to
have access to personal information relating to the performance of any function
referred to in
subsection (1).
(3) Personal information may be disclosed to a person authorised under
subsection (2),
and to any person providing technical, administrative or secretarial assistance
to that person, without breach of any law or any principle of professional
ethics.
(4) A person must not disclose personal information obtained directly or
indirectly pursuant to this section unless—
(a) the disclosure is made in the course of official duties; or
(b) the disclosure is made with the consent of the person to whom the
information relates; or
(c) the disclosure is required by a court or tribunal constituted by law;
or
(d) the disclosure is authorised under the regulations.
Maximum penalty: $25 000.
(5) In this section—
personal information means—
(a) medical information; or
(b) information relating to a person's personal affairs.
101—Service
of notices or other documents
(1) Subject to this
section, if this Act requires or authorises a notice, order or other document to
be served on, or given to, a person, the notice, order or document
may—
(a) be served on, or given to, the person or an agent of the person;
or
(b) be left for the person at his or her place of residence or business
with someone apparently over the age of 16 years; or
(c) be sent by post to the person or an agent of the person at his or her
last known address; or
(d) if the notice, order or document is to be served on the owner of land,
the land is unoccupied, and the person seeking to serve the notice, order or
document has taken reasonable steps to effect service under the other paragraphs
of this subsection but has been unsuccessful—be served by fixing it to
some conspicuous part of the land; or
(e) if the notice, order or document is to be served on the occupier of
land—be sent by post to the occupier at the address of the land;
or
(f) be served on the person by fixing it to, or leaving it on, a vessel
that the person is apparently in charge of, or expected to board at some stage,
if the person giving or serving the notice, order or document has reasonable
grounds to believe that service in this manner will bring the notice, order or
document to the attention of the person to be served; or
(g) be sent to the person by fax or email to a fax number or email address
provided by the person (in which case the notice, order or document will be
taken to have been served or given at the time of transmission); or
(h) be served or given in some other manner prescribed by the
regulations.
(2) Without limiting
subsection (1), a
notice, order or document to be served on or given to a company or registered
body within the meaning of the Corporations Act 2001 of the
Commonwealth may be served or given in accordance with that Act.
(3) Subject to the regulations, a notice, order or document required or
authorised to be given to an owner of land may, if it is to be served
personally, be served on the owner, one of any joint owners, or the agent of the
owner.
(4) An order under
Part 10 must be
served personally on the relevant person.
(1) No personal
liability attaches to—
(a) the Chief Public Health Officer or Chief Executive; or
(b) a member of a body constituted under this Act; or
(c) an authorised officer or any other person engaged in the
administration of this Act,
for an honest act or omission in the performance, exercise or discharge, or
purported performance, exercise or discharge, of a function, power or duty under
this Act.
(2) Subject to
subsection (3), a
liability that would, but for
subsection (1),
lie against a person lies instead against the Crown.
(3) A liability that
would, but for
subsection (1),
lie against an officer, employee, agent or contractor of a council lies instead
against the council.
(4) In addition, no action lies against a person (or an employer or
contracting party with respect to a person) who in good faith and with
reasonable care—
(a) takes a sample of blood, urine or other material in accordance with
this Act; or
(b) conducts a test for the purposes of this Act; or
(c) provides a report about any test results under this Act.
(1) A failure by a designated authority to perform a function under this
Act, or a breach of a duty imposed on a designated authority under this Act,
does not give rise to any civil liability.
(2) In this section—
designated authority means—
(a) the Minister; or
(b) the Chief Public Health Officer; or
(c) a council; or
(d) SAPHC.
104—False
or misleading information
A person must not, in connection with a requirement or direction imposed by
or under this Act, provide any information or produce or furnish any document
that is false or misleading in a material particular.
Maximum penalty: $25 000.
(1) Proceedings for
an offence against this Act may only be commenced by—
(a) the Minister; or
(b) the Director of Public Prosecutions; or
(c) the Chief Public Health Officer; or
(d) an authorised officer; or
(e) the chief executive officer of a council; or
(f) a police officer; or
(g) a person acting
on the written authority of the Minister.
(2) An apparently genuine document purporting to be under the hand of the
Minister and to authorise the commencement of proceedings under this Act must be
accepted in legal proceedings, in the absence of proof to the contrary, as proof
of an authorisation under
subsection (1)(g).
106—Offences
by bodies corporate
If a body corporate is guilty of an offence against this Act, each director
of the body corporate is guilty of an offence and liable to the same penalty as
is prescribed for the principal offence unless it is proved that the director
could not by the exercise of reasonable diligence have prevented the commission
of the offence by the body corporate.
(1) If an offence against a provision of this Act is committed by a person
by reason of a continuing act or omission—
(a) the person is liable, in addition to the penalty otherwise applicable
to the offence, to a penalty for each day during which the act or omission
continues of not more than an amount equal to one fifth of the maximum
penalty prescribed for that offence; and
(b) if the act or omission continues after the person is convicted of the
offence, the person is guilty of a further offence against that provision and
liable, in addition to the penalty otherwise applicable to the further offence,
to a penalty for each day during which the act or omission continues after that
conviction of not more than an amount equal to one fifth of the maximum
penalty prescribed for that offence.
(2) For the purposes of this section, an obligation to do something is to
be regarded as continuing until the act is done notwithstanding that any period
within which, or time before which, the act is required to be done has expired
or passed.
(1) In any proceedings, if the court is satisfied that a designated entity
has assessed a risk to public health in connection with the administration or
operation of this Act, the court must, in the absence of proof to the contrary,
accept that assessment as evidence of the fact that a risk to public health
existed or has occurred and, insofar as may be reasonably demonstrated by that
assessment, the extent or significance of the risk.
(2) In this section—
designated entity means—
(a) the Chief Public Health Officer; or
(b) an authorised officer; or
(c) a council.
(1) The Governor may
make such regulations as are contemplated by this Act or as are necessary or
expedient for the purposes of this Act.
(2) Without limiting
the generality of
subsection (1),
those regulations may—
(a) require the furnishing of reports (including technical or expert
reports), returns, documents or other forms of information relevant to public
health (including the management of any system or infrastructure associated with
public health) to the Chief Public Health Officer or other prescribed person or
body;
(b) require the keeping of records, statistics and other forms of
information by any person or body that performs a function under or pursuant to
this Act (and the provision of reports based on that information);
(c) prohibit, restrict or regulate the manufacture, possession, transport,
storage, use or disposal of any substance, material or equipment that may create
a risk to public health;
(d) provide for the removal or destruction of any material, substance or
equipment that creates a risk to public health;
(e) set standards or procedures that must be observed to protect public
health (including with respect to the management or inspection of any
infrastructure or other facility) and provide for public health planning
(including in connection with the operation of any other Act);
(f) prohibit, restrict or regulate any activity, or the use or sale of any
substance, equipment or material, or the use or installation of any
infrastructure, that is relevant to the management of public health;
(g) prescribe information that must be provided to any person or body in
relation to any activity, or the use of any substance, equipment or material,
that is relevant to the management of public health;
(h) authorise or require the taking of specified measures to prevent the
occurrence or spread of any notifiable condition;
(i) authorise or require the taking of specified measures to manage any
non-communicable condition (including in relation to preventing or reducing the
incidence of any such condition);
(j) 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;
(k) provide for the analysis or testing of samples taken under or for the
purposes of this Act, including—
(i) the persons who may analyse or test those samples; and
(ii) the places where those samples may be analysed or tested;
and
(iii) the reporting of the results of the analysis or testing of those
samples;
(l) without limiting a preceding paragraph, regulate the construction,
installation, alteration, maintenance and operation, and provide for the
inspection, of any facility, infrastructure or structure designed for human
use;
(m) without limiting a preceding paragraph, regulate wastewater systems
(or schemes associated with wastewater systems), including by—
(i) requiring approvals for specified classes of wastewater systems or
providing for the referral of applications for approvals in relation to
wastewater systems to specified persons or bodies; and
(ii) in connection with the implementation or operation of a scheme for a
wastewater system for a town, regional area or other community—
(A) requiring public notification of the scheme; and
(B) requiring, or empowering a prescribed authority to require,
installation, alteration or connection of wastewater systems for the purposes of
the scheme; and
(iii) regulating the connection or disconnection of wastewater systems
from the undertaking under the Sewerage
Act 1929;
(n) empowering a prescribed authority to carry out necessary work if an
owner or occupier of land fails to comply with the regulations and providing for
the recovery of costs or expenses reasonably incurred in doing so from the owner
or occupier;
(o) on the recommendation of the Chief Public Health Officer, prescribe
guidelines to assist in the administration or operation of this Act;
(p) prescribe fees and expenses in connection with any matter arising
under this Act, which may be of varying amounts according to factors prescribed
in the regulations or determined by the Minister from time to time and published
in the Gazette;
(q) provide for the payment and recovery of prescribed fees and
expenses;
(r) empower or require the Minister or a council to refund, reduce or
remit any fee payable under this Act;
(s) prescribe forms for the purposes of this Act;
(t) exempt, either absolutely or subject to prescribed conditions or
limitations—
(i) persons or classes of persons;
(ii) areas of the State,
from this Act or specified provisions of this Act;
(u) prescribe penalties, not exceeding $10 000, for breach of any
regulation;
(v) fix expiation fees, not exceeding $500, for alleged offences against
the regulations.
(3) The regulations may adopt, wholly or partially and with or without
modification—
(a) a code or standard relating to matters in respect of which regulations
may be made under this Act; or
(b) an amendment to such a code or standard.
(4) Any regulations adopting a code or standard, or an amendment to a code
or standard, may contain such incidental, supplementary and transitional
provisions as appear to the Governor to be necessary.
(5) The regulations or a code or standard adopted by the regulations
may—
(a) refer to or incorporate, wholly or partially and with or without
modification, a standard or other document prepared or published by a prescribed
body or person, either as in force at the time the regulations are made or as in
force from time to time; and
(b) be of general or limited application (including so as to apply only to
a specified part of the State); and
(c) make different provision according to the persons, things or
circumstances to which they are expressed to apply; and
(d) provide that any matter or thing is to be determined, dispensed with,
regulated or prohibited according to the discretion of the Minister, the Chief
Public Health Officer, the Chief Executive or a council.
(6) If—
(a) a code or standard is adopted by the regulations; or
(b) the regulations, or a code or standard adopted by the regulations,
refers to a standard or other document prepared or published by a prescribed
body,
then—
(c) a copy of the code, standard or other document must be kept available
for inspection by members of the public, without charge and during normal office
hours, at an office or offices specified in the regulations; and
(d) in any legal proceedings, evidence of the contents of the code,
standard or other document may be given by production of a document purporting
to be certified by or on behalf of the Minister as a true copy of the code,
standard or other document; and
(e) the code, standard or other document has effect as if it were a
regulation made under this Act.
Schedule 1—Related
amendments, repeal and transitional provisions
Part 1—Related amendments
In this Schedule, 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
2—Amendment
of section 54—Emergency legislation not affected
Section 54—delete "Part 4A of the Public
and Environmental Health Act 1987" and substitute:
Part 11 of the South
Australian Public Health Act 2010
Part 3—Amendment of Emergency Management
Act 2004
3—Amendment
of section 3—Interpretation
Section 3, definition of Chief Medical Officer—delete
the definition and substitute:
Chief Public Health Officer means the Chief Public Health
Officer under the
South
Australian Public Health Act 2010 and includes a person for the time
being acting in that position;
4—Amendment
of section 24A—Public health incidents and
emergencies
Section 24A—delete "Public
and Environmental Health Act 1987" and substitute:
South
Australian Public Health Act 2010
5—Amendment
of section 25—Powers of State Co-ordinator and authorised
officers
Section 25(3)—delete "Chief Medical Officer" and
substitute:
Chief Public Health Officer
Part 4—Amendment of Essential Services
Act 1981
6—Amendment
of section 6—Power to require information
(1) Section 6(3)(ca)—delete paragraph (ca) and
substitute:
(ca) the administration of Part 11 of the South
Australian Public Health Act 2010; or
(2) Section 6(6)(a)(iiia)—delete subparagraph (iiia) and
substitute:
(iiia) the administration of Part 11 of the South
Australian Public Health Act 2010; or
Part 5—Amendment of Fire and Emergency
Services Act 2005
7—Amendment
of section 108—Functions and powers
Section 108(1)(ba)—delete paragraph (ba) and
substitute:
(ba) to assist the Chief Executive within the meaning of the South
Australian Public Health Act 2010, in accordance with the Public Health
Emergency Management Plan, in carrying out prevention, preparedness, response or
recovery operations under Part 11 of that Act;
Part 6—Amendment of Gas
Act 1997
8—Amendment
of section 54—Emergency legislation not affected
Section 54—delete "Part 4A of the Public
and Environmental Health Act 1987" and substitute:
Part 11 of the South
Australian Public Health Act 2010
Part 7—Amendment of Health Care
Act 2008
9—Amendment
of section 51—Functions and powers of SAAS
Section 51(2)(b)—delete "the Public
and Environmental Health Act 1987" and substitute:
South
Australian Public Health Act 2010
Part 8—Amendment of Summary Offences
Act 1953
10—Amendment
of section 83B—Dangerous areas
Section 83B(11)—delete "Part 4A of the Public
and Environmental Health Act 1987" and substitute:
Part 11 of the South
Australian Public Health Act 2010
Part 9—Repeal
(1) The Public
and Environmental Health Act 1987 is repealed.
(2) The Governor may, by proclamation, suspend the repeal of a specified
provision or specified provisions of the Public
and Environmental Health Act 1987 until a subsequent day fixed by
proclamation, or a day to be fixed by subsequent proclamation.
(3) For the purposes of subclause (2), a reference to a provision of
the Public
and Environmental Health Act 1987 extends to a part of a provision
(including a definition within a provision).
Part 10—Transitional
provisions
In this Part—
repealed Act means the Public
and Environmental Health Act 1987.
(1) An appeal under
section 25 of the repealed Act will, after the commencement of this
clause—
(a) lie to the South
Australian Public Health Council constituted under this Act rather than the
Public and Environmental Health Council constituted under the repealed Act;
and
(b) be heard and
determined by the Public Health Review Panel constituted under this Act (with
3 members constituting the Review Panel and 2 members constituting a
quorum) rather than a review committee constituted by the Council under the
repealed Act.
(2) A reference in
Part 3 Division 5 of the repealed Act to the Council will be taken to
include a reference to SAPHC acting under
subclause (1)(a) and
a reference in that Division to a review committee will be taken to include a
reference to the Review Panel acting under
subclause (1)(b).
(3)
Subclauses (1)
and
(2) apply despite the
fact—
(a) that section 25 of the repealed Act may still be in operation on
the commencement of this clause; and
(b) that the appeal relates to a requirement imposed under Part 3 of
the repealed Act before the commencement of this clause.
To avoid doubt, nothing in this Act affects the operation of a warrant
issued under section 32 of the repealed Act before the commencement of this
clause (and that section will continue to apply to and in relation to a person
who is subject to an application for a warrant or detention under that section
until the matter or detention is brought to an end under that
section).
To avoid doubt, nothing in this Act affects the operation of a direction
under section 33 of the repealed Act in force immediately before the
commencement of this clause (and that section will continue to apply to and in
relation to a person who is subject to a direction under that section until the
direction no longer has effect under that section).
16—Other
transitional provisions
(1) The Governor may,
by regulation, make other provisions of a saving or transitional nature
consequent on the enactment of this Act.
(2) A provision of a
regulation made under
subclause (1) may,
if the regulation so provides, take effect from the commencement of the relevant
Act or from a later day.
(3) To the extent to which a provision takes effect under
subclause (2) from
a day earlier than the day of the regulation's publication in the Gazette, the
provision does not operate to the disadvantage of a person by—
(a) decreasing the person's rights; or
(b) imposing liabilities on the person.