New South Wales Consolidated Acts

PUBLIC HEALTH ACT 1991

- As at 16 September 2009
- Act 10 of 1991

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Definitions

   PART 2 - HEALTH RISKS GENERALLY

   4.      Orders and directions during state of emergency
   5.      Public health risks generally
   6.      Disinfection or destruction of articles
   7.      (Repealed)
   8.      Closure of premises
   9.      Directions to public authorities
   10.     Direction to exercise statutory function

   PART 2A - PROVISION AND PROMOTION OF HEALTH SERVICES

           Division 1 - Preliminary

   10AA.   Definitions
   10AB.   Proceedings for offences under this Part

           Division 2 - Restricted health services

   10AC.   Spinal manipulation
   10AD.   Prescribed electrophysical treatments
   10AE.   Prescribing of contact lenses, spectacle lenses and other appliances
   10AF.   Restricted dental practices
   10AG.   Restricted birthing practices
   10AH.   Certain foot care services not to be provided by unregistered persons
   10AI.   Restricted health services-powers of authorised officers appointed under other Acts

           Division 3 - Health practitioners who are de-registered or subject to prohibition orders

   10AJ.   Definitions
   10AK.   Provision of health services by persons who are de-registered or subject to prohibition orders
   10AL.   Advertising of health services if person is de-registered or subject to a prohibition order

           Division 4 - Miscellaneous

   10AM.   Codes of conduct for unregistered health practitioners
   10AN.   Advertisement or promotion of health services

   PART 2B - SAFETY OF DRINKING WATER

           Division 1 - Preliminary

   10A.    Definitions

           Division 2 - Functions of Chief Health Officer in relation to drinking water

   10B.    Advice to public
   10C.    Correction of misleading information
   10D.    Chief Health Officer may delegate

           Division 3 - Functions of Director-General in relation to drinking water

   10E.    Power to declare Chief Health Officer solely responsible for determining necessity for boil water advices
   10F.    Power to enter and inspect premises of supplier
   10G.    Power to require testing of drinking water
   10H.    Power to require production of information

           Division 4 - General

   10I.    Closure of water supply
   10IA.   Supply of water
   10J.    Protection from liability
   10K.    Evidentiary provision
   10L.    Proceedings for offences under Part 2B
   10M.    Regulations for the purposes of Part 2B

   PART 3 - SCHEDULED MEDICAL CONDITIONS

           Division 1 - General precautions

   11.     Precautions against spread of certain medical conditions

           Division 2 - Sexually transmissible medical conditions

   12.     Provision of information
   13.     Sexual intercourse-sexually transmissible medical condition

           Division 3 - Notification and treatment of certain medical conditions

   14.     Medical practitioner to notify certain scheduled medical conditions
   15.     Offence
   16.     Notification of test results-Category 3 medical condition

           Division 4 - Category 5 medical condition

   17.     Protection of identity
   18.     District Court may authorise disclosure of name and address
   19.     Notice by Director-General requiring disclosure of name and address

           Division 5 - Death from scheduled medical condition

   20.     Notification of certain deaths

           Division 6 - Public health orders-Categories 4 and 5

   21.     Definitions
   22.     Power to require medical examination
   23.     Making of public health order
   24.     Duration of public health order
   25.     Tribunal to review certain public health orders
   26.     Tribunal may continue public health order
   27.     Conditions applicable if person detained
   28.     Offence to contravene public health order
   29.     Apprehension of person who contravenes public health order
   30.     Action following apprehension or surrender
   31.     Revocation of public health order by authorised medical practitioner
   32.     Restriction on making of further public health order
   33.     Apprehension of escapee
   34.     Unlawful release from detention
   35.     Restrictions on publication
   36.     Inspection of medical records

           Division 7 - Procedural matters

   37.     Proceedings-Divisions 2 and 3

           38. Proceedings-Division 6

   39.     Representation in proceedings under Division 6

           Division 8 - Other applications to Administrative Decisions Tribunal

   40.     Applications to Tribunal for review of action or direction of Minister
   41.     Applications to Tribunal for review of public health order relating to Category 4 medical condition
   42.     (Repealed)

   PART 3A - CONTROL OF VACCINE PREVENTABLE DISEASES

   42A.    Definitions
   42B.    Responsibilities of principals of schools with respect to immunisation
   42C.    Responsibilities of directors of child care facilities with respect to immunisation
   42D.    Duties of principals and directors when there is an outbreak of a vaccine preventable disease

   PART 3B - PAP TEST REGISTER

           Division 1 - Preliminary

   42E.    Definitions

           Division 2 - New South Wales Pap Test Register

   42F.    New South Wales Pap Test Register
   42G.    Object of establishing Register
   42H.    Contents of Register
   42I.    Use of information in Register
   42J.    Disclosure of identifying particulars in conjunction with test result
   42K.    Provision of information for inclusion in Register

           Division 3 - Right to anonymity in Register

   42L.    Application of Division
   42M.    Woman may elect not to be identified in Register
   42N.    Removal of identifying particulars from Register
   42O.    Withholding of identifying particulars
   42P.    Health practitioner to provide information about Register

   PART 4 - MICROBIAL CONTROL

   43.     Purpose of Part 4
   44.     Definitions
   45.     Installation of system
   46.     Operation and maintenance of system
   47.     Powers of authorised officers
   48.     Directions to carry out maintenance requirements
   49.     Failure to comply with directions
   50.     Proceedings for offences under Part 4

   PART 5 - GENERAL HEALTH MATTERS

   51.     Skin penetration procedures-power of environmental health officers to enter and inspect premises
   52.     Nursing requirements for nursing homes

   PART 6 - (Repealed)
   None

   PART 7 - ADMINISTRATION

           Division 1 - Medical officers of health

   62.     Nomination of medical officers of health
   62A.    Appointment of acting medical officers of health
   63.     Medical districts
   64.     Inspection of, and extracts from, certain registers
   65.     Inspection of premises
   66.     Reports by medical officers of health
   67.     Exercise by medical officer of health of functions of environmental health officer

           Division 2 - Notifications by hospitals

   68.     Definitions
   69.     Chief executive officer to provide information

           Division 3 - Inspections and inquiries

   70.     Inspection of records
   71.     Inquiries by Director-General

   PART 8 - MISCELLANEOUS

   72.     Powers of entry
   73.     Search warrants
   74.     Obstruction or assault of officers and others
   75.     Disclosure of information
   76.     Service of notices and other documents
   77.     Exclusion of personal liability
   78.     Offences by corporations
   79.     Proceedings for offences
   80.     Amendment of Schedules
   81.     Act binds the Crown
   82.     Regulations
   83.     Repeal of Public Health (Amendment) Act 1989 No 86
   84.     Savings and transitional provisions
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 4