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PUBLIC HEALTH ACT 2016


TABLE OF PROVISIONS

           Long Title
           Preamble

   PART 1 -- Preliminary  

   1.      Short title
            
   2.      Commencement
            
   3.      Objects and principles
            
   4.      Terms used
            
   5.      Crown bound

   PART 2 -- Administration

           Division 1 -- Chief Health Officer

              Subdivision 1 -- Functions of Chief Health Officer  

   6.      Functions of Chief Health Officer
            
   9.      Chief Health Officer may delegate
            
   10.     Power to delegate under Health Legislation Administration Act 1984 section 9 excluded

              Subdivision 2 -- Designation of Chief Health Officer  

   11.     Minister to designate Chief Health Officer
            
   12.     Term of office and remuneration of Chief Health Officer
            
   13.     Resignation, vacation of office and removal from office
            
   14.     Acting Chief Health Officer
            
   15.     Authority of Acting Chief Health Officer

           Division 2 -- Functions of local governments  

   16.     Functions of local governments
            
   17.     Appointment of environmental health officers
            
   18.     Chief Health Officer to approve qualifications and experience required by environmental health officers

           Division 3 -- Functions of enforcement agencies  

   19.     Functions of enforcement agencies
            
   20.     Conditions on performance of functions by enforcement agencies
            
   21.     Enforcement agency may delegate
            
   22.     Reports by and about enforcement agencies

           Division 4 -- Authorised officers  

   23.     Terms used
            
   24.     Designation of authorised officers
            
   25.     Certain authorised officers required to have qualifications and experience
            
   26.     Further provisions relating to designations
            
   27.     Lists of authorised officers to be maintained
            
   28.     When designation as authorised officer ceases
            
   29.     Chief Health Officer may issue guidelines about qualifications and experience of authorised officers
            
   30.     Certificates of authority
            
   31.     Issuing and production of certificate of authority for purposes of other written laws
            
   32.     Certificate of authority to be returned

           Division 5 -- Advisory committees  

   33.     Establishment and functions of advisory committees

   PART 3 -- General public health duty  

   34.     General public health duty
            
   35.     Consequences of failure to comply with general public health duty

   PART 4 -- Serious public health risks and material public health risks  

   36.     Term used: engage in conduct
            
   37.     Offences relating to serious public health risks
            
   38.     Offences relating to material public health risks
            
   39.     Defence of due diligence
            
   40.     Alternative verdicts for certain offences
            
   41.     Determination by court of appropriate punishment

   PART 9 -- Notifiable infectious diseases and related conditions

           Division 1 -- Principles and declarations  

   87.     Principles applying in relation to this PART
            
   88.     Principles listed
            
   89.     Further provisions relating to application of principles
            
   90.     Declaration of notifiable infectious diseases
            
   91.     Declaration of notifiable infectious disease-related conditions
            
   92.     Orders by Minister

           Division 2 -- Notification  

   93.     Term used: responsible pathologist
            
   94.     Notification of notifiable infectious diseases and notifiable infectious disease-related conditions
            
   95.     Offence of failing to notify Chief Health Officer
            
   96.     No liability for notifying Chief Health Officer

           Division 3 -- Duty to inform  

   97.     Practitioners to provide patients with information
            
   98.     Offence of failing to provide patient with information

           Division 4 -- Test orders  

   99.     Terms used
            
   100.    Chief Health Officer may make test orders
            
   101.    Process for making test order
            
   102.    Explanation of test order
            
   103.    Effect of test orders
            
   104.    Offences of failing to comply with test order
            
   105.    No payment may be required in relation to testing under test order
            
   106.    Enforcement of test orders
            
   107.    Warrant to enforce test order
            
   108.    Further provisions relating to warrant
            
   109.    Review by State Administrative Tribunal
            
   110.    Obtaining or taking samples under test orders
            
   111.    Test results to be reported
            
   112.    Person tested not to be identified
            
   113.    No liability for reporting test results
            
   114.    Division not limited by Mandatory Testing (Infectious Diseases) Act 2014

           Division 5 -- Public health orders  

   115.    Terms used
            
   116.    Chief Health Officer may make public health orders
            
   117.    Effect of public health orders
            
   118.    Personal service of orders required
            
   119.    Explanation of public health order
            
   120.    Provisions applying if person detained under public health order
            
   121.    Minister to be informed of detention or release from detention under public health order
            
   122.    Offence to fail to comply with public health order
            
   123.    Responsible persons to facilitate compliance with public health order
            
   124.    Enforcement of public health orders
            
   125.    Warrant to apprehend person to whom public health order applies
            
   126.    Further provisions relating to warrant
            
   127.    Review by State Administrative Tribunal
            
   128.    Restriction on making of further public health order
            
   129.    Recognition of interstate public health orders
            
   130.    Further provisions applying to interstate public health orders operating in this State

           Division 6 -- Reporting requirements  

   131.    Annual report to include information about test orders and public health orders

           Division 7 -- Identifying and informing contact persons  

   132.    Terms used
            
   133.    Requiring information where person believed to have notifiable infectious disease
            
   134.    Requiring information where person believed to have been exposed to notifiable infectious disease
            
   135.    Requiring other persons to give required information
            
   136.    Authorised officer to produce evidence of authority
            
   137.    Offence to fail to comply with requirement to provide information
            
   138.    Protection from liability
            
   139.    Informing contact persons
            
   140.    Chief Health Officer may issue guidelines
            
   141.    Protection from liability

           Division 8 -- Immunisation status of children

              Subdivision 1 -- Preliminary  

   141A.   Terms used

              Subdivision 2 -- Immunisation requirements for enrolment  

   141B.   Responsible person to give immunisation status to person in charge
            
   141C.   Immunisation certificates issued or declared by Chief Health Officer
            
   141D.   Immunisation or exemption a condition of enrolment

              Subdivision 3 -- Regulations relating to immunisation status of children  

   142.    Regulations relating to immunisation status of children and control of disease

              Subdivision 4 -- Reporting requirements  

   142A.   Annual report to include information about enrolments

           Division 9 -- Advisory Panels  

   143.    Term used: Advisory Panel
            
   144.    Advisory Panels
            
   145.    Performance of functions and procedures
            
   146.    Protocols
            
   147.    Access to information

   PART 11 -- Serious public health incident powers

           Division 1 -- Authorisation to exercise serious public health incident powers  

   152.    Authorisation to exercise serious public health incident powers
            
   153.    Authorisation to state certain matters
            
   154.    Authorisation may be given orally or in writing

           Division 2 -- Serious public health incident powers  

   155.    Terms used
            
   156.    Operation of this Division
            
   157.    Serious public health incident powers
            
   158.    Enforcement of requirement to undergo medical observation, medical examination
            
   159.    Provisions relating to requirement to remain at premises or remain quarantined
            
   160.    Review of requirement to remain at premises or remain quarantined
            
   161.    Authorised officer may be given assistance, and may use force
            
   162.    Failure to comply with requirements and directions
            
   163.    Review by State Administrative Tribunal

   PART 12 -- Public health emergencies

           Division 1 -- Relationship to Emergency Management Act 2005  

   164.    Relationship to Emergency Management Act 2005

           Division 2 -- Public health emergency management plans  

   165.    Public health emergency management plans
            
   166.    Directions to, and duties of, public authorities

           Division 3 -- Public health state of emergency declarations  

   167.    Minister may make public health state of emergency declaration
            
   168.    Duration of public health state of emergency declaration
            
   169.    Amendment of public health state of emergency declaration
            
   170.    Extension of public health state of emergency declaration
            
   171.    Revocation of public health state of emergency declaration
            
   172.    Notice of declaration
            
   173.    Limitation of stay of operation of public health state of emergency declaration

           Division 4 -- Authorisation to exercise emergency powers  

   174.    Authorisation to exercise emergency powers during public health state of emergency
            
   175.    Authorisation to state certain matters
            
   176.    Authorisation may be given orally or in writing

           Division 5 -- Emergency powers  

   177.    Terms used
            
   178.    Operation of this Division
            
   179.    Powers to obtain identifying particulars
            
   180.    Powers relating to movement and evacuation
            
   181.    Powers to use vehicles
            
   182.    Powers to control or use premises or property
            
   183.    Powers in relation to drugs and vaccines
            
   184.    Powers in relation to quarantine and medical or other procedures
            
   185.    Enforcement of requirement to undergo medical observation or medical or other procedure
            
   186.    Further provisions relating to requirement to remain in area or remain quarantined
            
   187.    Review of requirement to remain in area or remain quarantined
            
   188.    Information sharing
            
   189.    Regulations about information sharing for purposes of section 188
            
   190.    Other emergency powers
            
   191.    Further provisions relating to power to detain under section 185(1) or 190(1)(o)
            
   192.    Review of detention
            
   193.    Minister to be informed of detention or release from detention
            
   194.    Review by State Administrative Tribunal

           Division 6 -- Other powers exercisable during public health state of emergency  

   195.    Powers of police relating to closure of places, movement and evacuation
            
   196.    Power of Chief Health Officer to direct public authorities during public health state of emergency
            
   197.    Chief Health Officer may authorise persons to administer, manufacture, supply or prescribe poisons
            
   198.    Further provisions relating to authority to administer, manufacture, supply or prescribe poisons

           Division 7 -- General provisions  

   199.    General provisions regarding powers
            
   200.    General provisions regarding directions
            
   201.    Direction under Emergency Management Act 2005 prevails over inconsistent direction under this Part
            
   202.    Failure to comply with directions

   PART 13 -- Compensation and insurance

           Division 1 -- Compensation  

   203.    Entitlement to compensation
            
   204.    Applying for compensation
            
   205.    Lapsing of application
            
   206.    Notice of decision
            
   207.    Review of decision as to payment of compensation
            
   208.    False compensation claim

           Division 2 -- Insurance  

   209.    Extension of policy of insurance

   PART 15 -- Inquiries  

   227.    Terms used
            
   228.    Chief Health Officer may conduct inquiry
            
   229.    Preliminary matters
            
   230.    Procedure
            
   231.    Hearings
            
   232.    Inquirer’s powers in relation to inquiry
            
   233.    Failure to comply with requirements of notice
            
   234.    Incriminating answers or documents
            
   235.    Disruption of inquiry
            
   236.    False information
            
   237.    Protection for certain purposes
            
   238.    Reports

   PART 16 -- Powers of entry, inspection and seizure

           Division 1 -- Entry, inspection and seizure  

   239.    Term used: reasonably suspects
            
   240.    Powers of authorised officers
            
   241.    Stopping of vehicles
            
   242.    Incriminating information or answers
            
   243.    Liability for complying with requirement to provide information, answer question or produce document or thing
            
   244.    Power of seizure
            
   245.    Application of Criminal Investigation Act 2006
            
   246.    Application for warrant to enter premises
            
   247.    How application made
            
   248.    Further provisions relating to application for warrant
            
   249.    Issue of warrant
            
   250.    Duration of warrant
            
   251.    Execution of warrant
            
   252.    Use of force
            
   253.    Failure to comply with requirements of authorised officers
            
   254.    False or misleading information
            
   255.    Obstructing, impersonating or threatening authorised officers

           Division 2 -- Items seized by authorised officers  

   256.    Application of Criminal and Found Property Disposal Act 2006
            
   257.    Seized items
            
   258.    Notification of seizure
            
   259.    Immediate destruction or disposal of things seized
            
   260.    Return of seized item
            
   261.    Forfeiture of item
            
   262.    Cost of destruction or disposal of forfeited item
            
   263.    Return of forfeited item
            
   264.    Compensation
            
   265.    Review of decisions relating to compensation

   PART 17 -- Crown exemptions

           Division 1 -- Preliminary  

   266.    Terms used

           Division 2 -- Ministerial exemptions for Crown and Crown authorities  

   267.    Minister may exempt Crown or Crown authority from certain provisions
            
   268.    Duration of exemption
            
   269.    Content of exemption
            
   270.    Effect of exemption
            
   271.    Minister to consult before amending or revoking exemption
            
   272.    Application of Interpretation Act 1984 to exemptions

           Division 3 -- Compliance plans  

   273.    Exemption may require compliance plan
            
   274.    Development and approval of compliance plan
            
   275.    Annual review of compliance plan
            
   276.    Amendment or replacement of compliance plan

           Division 4 -- Publication and reporting obligations  

   277.    Exemption-holder to make exemption and compliance plan publicly available
            
   278.    Annual report to include information about exemption and compliance plan

   PART 18 -- Liability, evidentiary and procedural provisions

           Division 1 -- Civil liability  

   279.    Contraventions not breach of statutory duty

           Division 2 -- Criminal liability  

   280.    Commencing proceedings
            
   281.    Offences by employees -- liability of employer
            
   282.    Liability of officers of body corporate for offence by body corporate
            
   283.    Further provisions relating to liability of officers of body corporate
            
   284.    Liability of employees and agents
            
   285.    Disclosure by witnesses
            
   286.    Documentary evidence of certain matters
            
   287.    Court may order costs and expenses
            
   288.    Court may order forfeiture
            
   289.    Court’s powers in relation to registration and licences
            
   290.    Further provisions relating to orders under section 289

   PART 19 -- Miscellaneous

           Division 2 -- General  

   297.    Protection from liability for wrongdoing

           Division 3 -- Provisions relating to information  

   298.    Disclosure and use of information provided under PART 9 or 10
            
   299.    Information sharing
            
   300.    Guidelines relating to information sharing
            
   301.    Regulations relating to information sharing
            
   302.    Confidential information officially obtained

           Division 4 -- Guidelines  

   303.    Guidelines

           Division 5 -- Regulations  

   304.    Regulations -- general power
            
   305.    Regulations may adopt codes or legislation

           Division 6 -- Review of Act  

   306.    Review of Act
            
   306A.   Review of amendments made by Public Health Amendment (Immunisation Requirements for Enrolment) Act 2019

   PART 20 -- Transitional and savings provisions  

   307.    Terms used
            
   308.    Application of Interpretation Act 1984
            
   309.    References to Health Act 1911 and Health (Miscellaneous Provisions) Act 1911
            
   310.    Reference to Chief Health Officer to be temporarily read as Executive Director, Public Health for purposes of Part 17
            
   311.    Executive Director, Public Health to hold office as Chief Health Officer
            
   312.    Environmental health officers to be authorised officers for certain purposes
            
   321.    Transitional provisions for Blood and Tissue (Transmissible Diseases) Regulations 1985
            
   322.    Transitional regulations
            
           Provisions that have not come into operation
           Defined terms
           Compilation table


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