New South Wales Consolidated Acts

PUBLIC HEALTH ACT 1991 - SECT 3

3 Definitions

(1) In this Act:
"approved" means approved by the Minister.
"area", in relation to a local authority, means the area in relation to which the local authority exercises its functions.
"birth" means the birth of a child who has breathed after delivery.
"Category 1 medical condition" means a medical condition listed under Category 1 in Schedule 1.
"Category 2 medical condition" means a medical condition listed under Category 2 in Schedule 1.
"Category 3 medical condition" means a medical condition listed under Category 3 in Schedule 1.
"Category 4 medical condition" means a medical condition listed under Category 4 in Schedule 1.
"Category 5 medical condition" means a medical condition listed under Category 5 in Schedule 1.
"delivery", in relation to a child or still-born child, means the complete expulsion or extraction of the child or still-born child from the mother.
"Director-General" means the Director-General, Department of Health.
"environmental health officer" means a holder of that office who is:

(a) an officer of the Department of Health, or

(b) an employee of a local authority, or

(c) an employee of a public health organisation within the meaning of the Health Services Act 1997 .

"local authority" means:

(a) a council within the meaning of the Local Government Act 1993 , or

(b) the Western Lands Commissioner, or

(c) the Lord Howe Island Board.

"medical district" means a medical district described in an order in force under section 63.
"medical officer of health" means a medical practitioner holding office under section 62 as a medical officer of health.
"nursing home" means a facility at which residential care (within the meaning of the Aged Care Act 1997 of the Commonwealth) is provided and in relation to which any one or more of the following is satisfied:

(a) a licence was in force, or an approval of an application for a licence in principle was effective, under the Nursing Homes Act 1988 in relation to the facility immediately before the repeal of that Act,

(b) residential care is provided at the facility in relation to an allocated place under the Aged Care Act 1997 of the Commonwealth and that place requires a high level of residential care within the meaning of that Act,

(c) the facility belongs to a class of facilities prescribed by the regulations.

"occupier", in relation to premises or a part of premises, means:

(a) a person who has the right to occupy the premises or part to the exclusion of the owner, or

(b) the person who is the owner of the premises or part if there is no person with a right to occupy the premises or part to the exclusion of the owner,

even if the premises are, or the part is, vacant.
"perinatal death" means:

(a) the death of a child on the day of his or her birth or within the next succeeding 28 days, or

(b) a still-birth.

"premises" means:

(a) a building or other structure on land, or

(b) vacant land, or

(c) a vessel, or

(d) an aircraft.

"public authority" means an incorporated or unincorporated body constituted by or under an Act for public purposes.
"public health order" means a public health order in force under section 23.
"scheduled medical condition" means a medical condition listed in Schedule 1.
"still-birth" means the birth of a child that exhibits no sign of respiration or heartbeat, or other sign of life, after birth and that:

(a) is of at least 20 weeks’ gestation, or

(b) if it cannot be reliably established whether the period of gestation is more or less than 20 weeks, has a body mass of at least 400 grams at birth.

"Tribunal" means the Administrative Decisions Tribunal established by the Administrative Decisions Tribunal Act 1997 .

(2) In this Act:

(a) a reference to a function includes a reference to a power, authority and duty, and

(b) a reference to the exercise of a function includes, in relation to a duty, a reference to the performance of the duty.

(3) Notes included in this Act do not form part of this Act.