South Australian Current Acts South Australian Current Acts51—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).