South Australian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

SOUTH AUSTRALIAN PUBLIC HEALTH ACT 2011 - SECT 50

50—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.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback