South Australian Current Acts

SOUTH AUSTRALIAN PUBLIC HEALTH ACT 2011 - SECT 42

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.