South Australian Current Acts South Australian Current Acts50—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has been superseded by information that the Minister considers to be more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.