Queensland Bills Queensland Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Public Health Bill 2005
Queensland
Public Health Bill 2005
Contents
Page
Chapter 1 Preliminary
Part 1 Introduction
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
3 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
4 Contravention of this Act does not create civil cause of action . . 23
5 Act does not affect other rights or remedies. . . . . . . . . . . . . . . . . 23
Part 2 Object
6 Object of Act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
7 How object is mainly achieved . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Part 3 Interpretation
8 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
9 Notes in text . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Chapter 2 Environmental health
Part 1 Public health risks
10 Definitions for ch 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
11 Meaning of public health risk . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Part 2 Roles of the State and local governments for public health
risks
12 When Act administered only by the State . . . . . . . . . . . . . . . . . . 27
13 When Act administered only by local governments . . . . . . . . . . . 27
14 When State and local governments administer this Act in
partnership ................................... 27
15 Action by the State if local government does not administer and
enforce this Act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
16 Procedure before taking action under s 15. . . . . . . . . . . . . . . . . . 29
17 State may require report from local government . . . . . . . . . . . . . 29
2
Public Health Bill 2005
18 Regulation to prescribe who is to administer this Act for
particular public health risks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
19 Effect of Act on local laws. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
20 Application of Local Government Act, chapter 15 . . . . . . . . . . . . 30
Part 3 Public health orders
Division 1 Preliminary
21 What public health order may require. . . . . . . . . . . . . . . . . . . . . . 31
22 Public health orders about animals . . . . . . . . . . . . . . . . . . . . . . . 32
Division 2 Giving public health orders
23 Public health orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Division 3 Enforcement of public health orders
24 Issuing authority may apply for enforcement order . . . . . . . . . . . 33
25 Notice of hearing must be given . . . . . . . . . . . . . . . . . . . . . . . . . . 34
26 When magistrate may order enforcement . . . . . . . . . . . . . . . . . . 34
27 What enforcement order may require. . . . . . . . . . . . . . . . . . . . . . 35
28 Person must comply with enforcement order . . . . . . . . . . . . . . . . 37
29 Application may be dealt with in proceeding for offence. . . . . . . . 37
Division 4 Taking steps under enforcement order
30 Procedure before entry under enforcement order . . . . . . . . . . . . 37
31 Costs under enforcement order recoverable as a debt . . . . . . . . 38
32 Cost under enforcement order a charge over land . . . . . . . . . . . . 39
Division 5 Recovery of costs from third parties
33 Recipient may apply for contribution . . . . . . . . . . . . . . . . . . . . . . 39
34 Notice of hearing of cost recovery order must be given . . . . . . . . 40
35 When magistrate's court may make cost recovery order . . . . . . . 41
Part 4 Authorised prevention and control programs
36 Chief executive may authorise prevention and control program . . 41
37 What chief executive's authorisation must state . . . . . . . . . . . . . . 42
38 Publication of authorisation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
39 Who may undertake prevention and control program. . . . . . . . . . 43
40 Powers available for prevention and control program . . . . . . . . . . 43
41 Power of authorised persons to enter place for prevention and
control program .................................... 43
42 Notification of entry. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
43 Powers of authorised persons after entry. . . . . . . . . . . . . . . . . . . 44
44 Failure to help authorised person . . . . . . . . . . . . . . . . . . . . . . . . . 45
45 Person must not interfere with steps taken. . . . . . . . . . . . . . . . . . 45
3
Public Health Bill 2005
46 Notification of prevention and control program . . . . . . . . . . . . . . . 45
Part 5 Environmental health events
Division 1 Definition
47 Meaning of environmental health event . . . . . . . . . . . . . . . . . . . . 46
Division 2 Establishment of environmental health event register
48 Environmental health event register . . . . . . . . . . . . . . . . . . . . . . . 47
49 Purposes of register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
50 What register must contain. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
Division 3 Notifications about environmental health event register
51 Notification of establishment of register . . . . . . . . . . . . . . . . . . . . 48
52 Notification inviting inclusion in register . . . . . . . . . . . . . . . . . . . . 48
Division 4 Confidentiality and use of information supplied for
environmental health event register
53 Definitions for div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
54 Restriction on inconsistent use of information . . . . . . . . . . . . . . . 49
55 Confidentiality of information . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
56 Release of information for an investigation under the Coroners
Act ........................................... 50
57 Use of environmental health event register . . . . . . . . . . . . . . . . . 50
Part 6 Lead
58 Lead in buildings must not be accessible to children . . . . . . . . . . 51
59 Lead must not be used in water collection . . . . . . . . . . . . . . . . . . 52
Part 7 Paint
60 Person must comply with standard. . . . . . . . . . . . . . . . . . . . . . . . 52
Part 8 Regulations about public health risks
61 Regulations about public health risks. . . . . . . . . . . . . . . . . . . . . . 53
Chapter 3 Notifiable conditions
Part 1 Definitions, purpose of chapter and guiding principles
62 Definitions for ch 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
63 Meaning of controlled notifiable condition . . . . . . . . . . . . . . . . . . 55
64 Meaning of notifiable condition . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
65 Purpose of ch 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
66 Guiding principles for ch 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
Part 2 Notifiable conditions register
Division 1 Establishment and purpose of notifiable conditions register
67 Register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
68 Purposes of register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
4
Public Health Bill 2005
Division 2 Notices about notifiable conditions
69 Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
70 When a doctor must notify . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
71 When the person in charge of hospital must notify . . . . . . . . . . . 58
72 When the director of a pathology laboratory must notify a
pathological diagnosis notifiable condition . . . . . . . . . . . . . . . . . . 59
73 When the director of a pathology laboratory must notify
pathology request notifiable condition . . . . . . . . . . . . . . . . . . . . . 59
74 Anonymity coding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
75 Further information may be required . . . . . . . . . . . . . . . . . . . . . . 60
Division 3 Confidentiality of information and use of information
supplied for notifiable conditions register
76 Definitions for div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
77 Confidentiality of information . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
78 Disclosure under an Act or another law . . . . . . . . . . . . . . . . . . . . 62
79 Disclosure under Act or with written consent etc.. . . . . . . . . . . . . 62
80 Disclosure about notifiable conditions and contact tracing. . . . . . 63
81 Disclosure of confidential information in the public interest . . . . . 63
82 Disclosure for data collection and public health monitoring . . . . . 64
83 Disclosure for purposes relating to health services . . . . . . . . . . . 64
84 Disclosure to Commonwealth, another State or Commonwealth
or State entity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
85 Disclosure to allow chief executive to act . . . . . . . . . . . . . . . . . . . 65
86 Release of information for an investigation under the
Coroners Act .................................. 66
87 Use of notifiable conditions register . . . . . . . . . . . . . . . . . . . . . . . 66
88 Access to information in register for serious offence . . . . . . . . . . 67
Part 3 Contact tracing
Division 1 Contact tracing officers
89 Functions of contact tracing officer. . . . . . . . . . . . . . . . . . . . . . . . 67
90 Appointment of contact tracing officer by chief executive. . . . . . . 68
91 Qualifications for appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
92 Appointment conditions and limit on powers . . . . . . . . . . . . . . . . 69
93 Issue of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
94 Production or display of identity card . . . . . . . . . . . . . . . . . . . . . . 70
95 When contact tracing officer ceases to hold office . . . . . . . . . . . . 70
96 Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
97 Return of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
5
Public Health Bill 2005
Division 2 Obtaining contact information
98 Definitions for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
99 Power to require contact information . . . . . . . . . . . . . . . . . . . . . . 71
100 Failure to give contact information . . . . . . . . . . . . . . . . . . . . . . . . 73
101 Power to require business contact information. . . . . . . . . . . . . . . 73
102 Failure to give business contact information. . . . . . . . . . . . . . . . . 75
103 Obtaining contact information from health information held by
the department . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
Division 3 Confidentiality of information and use of information
supplied for contact tracing
104 Definitions for div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
105 Confidentiality of information . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
106 Disclosure under an Act or another law . . . . . . . . . . . . . . . . . . . . 78
107 Disclosure under Act or with written consent etc.. . . . . . . . . . . . . 78
108 Disclosure to protect health of person . . . . . . . . . . . . . . . . . . . . . 78
109 Disclosure of confidential information in the public interest . . . . . 78
110 Disclosure to allow chief executive to act . . . . . . . . . . . . . . . . . . . 79
111 Use of contact information and business contact information . . . 79
Part 4 Orders by chief executive about controlled notifiable
conditions
Division 1 Preliminary
112 Definition for pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
Division 2 Orders by chief executive
113 Chief executive may order detention . . . . . . . . . . . . . . . . . . . . . . 80
114 Enforcement of chief executive's order. . . . . . . . . . . . . . . . . . . . . 81
115 Duration of chief executive's order . . . . . . . . . . . . . . . . . . . . . . . . 82
Part 5 Orders by magistrate about controlled notifiable conditions
Division 1 General
116 Applying for controlled notifiable conditions order . . . . . . . . . . . . 82
117 Deciding application in person's absence . . . . . . . . . . . . . . . . . . 83
Division 2 Initial examination orders
118 Making initial examination order . . . . . . . . . . . . . . . . . . . . . . . . . . 83
119 What initial examination order may provide . . . . . . . . . . . . . . . . . 84
120 Service of initial examination order . . . . . . . . . . . . . . . . . . . . . . . 85
121 Person must remain at place of detention and undergo medical
examination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
122 When period of detention starts . . . . . . . . . . . . . . . . . . . . . . . . . . 86
123 Details of medical examination must be explained. . . . . . . . . . . . 86
6
Public Health Bill 2005
124 When detained person must be released before the end of
initial examination order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
Division 3 Behavioural orders
125 Making behavioural order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
126 What behavioural order may provide . . . . . . . . . . . . . . . . . . . . . . 87
127 Service of behavioural order . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
128 Person must comply with behavioural order. . . . . . . . . . . . . . . . . 88
Division 4 Detention orders
129 Making detention order. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
130 What detention order may provide . . . . . . . . . . . . . . . . . . . . . . . . 89
131 Service of detention order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
132 Person must remain at place of detention and undergo
medical examination or treatment . . . . . . . . . . . . . . . . . . . . . . . . 90
133 Details of medical examination or treatment must be explained . 91
Division 5 Extension, variation or revocation of controlled notifiable
conditions orders
134 Extension of behavioural or detention orders . . . . . . . . . . . . . . . . 91
135 Variation and revocation of initial examination, behavioural or
detention orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
Division 6 Warrants
136 Application for warrant for apprehension . . . . . . . . . . . . . . . . . . . 92
137 Issue of warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
138 Application by electronic communication and duplicate warrant . 93
139 Defect in relation to a warrant. . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
Division 7 Procedure for entry under orders and warrants
140 Procedure before entry--orders. . . . . . . . . . . . . . . . . . . . . . . . . . 95
141 Procedure before entry--warrants . . . . . . . . . . . . . . . . . . . . . . . . 96
Division 8 Appeals against magistrate's decisions
142 Appeal against decision on application for controlled notifiable
conditions order or extension of order . . . . . . . . . . . . . . . . . . . . . 97
Part 6 Reckless spread of controlled notifiable conditions
143 Person must not recklessly spread controlled notifiable condition 97
Part 7 Proceedings
144 How proceedings under this chapter heard . . . . . . . . . . . . . . . . . 98
Part 8 Other matters about controlled notifiable conditions orders
145 Person may give information necessary for authorised person's
safety ........................................ 99
146 Obstructing persons exercising powers . . . . . . . . . . . . . . . . . . . . 100
7
Public Health Bill 2005
Chapter 4 Infection control for health care facilities
Part 1 Preliminary
147 Definitions for ch 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
148 Meaning of declared health service . . . . . . . . . . . . . . . . . . . . . . . 101
149 Meaning of health care facility . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
150 Application of ch 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
Part 2 Obligations to minimise infection risks for declared health
services
151 Obligations to minimise risk . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
Part 3 Infection control management plans
152 What is an infection control management plan. . . . . . . . . . . . . . . 104
153 Obligation of owner for ICMP . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
154 Obligation of owner/operator for ICMP . . . . . . . . . . . . . . . . . . . . . 104
155 What an ICMP must contain. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
156 Time for developing and implementing an ICMP . . . . . . . . . . . . . 106
Part 4 Reporting contraventions of chapter 4 to other entities
157 Chief executive may report contraventions. . . . . . . . . . . . . . . . . . 106
Chapter 5 Child health
Part 1 Definitions
158 Definitions for ch 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
159 Who is a parent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
160 What is a prescribed period for a contagious condition . . . . . . . . 109
Part 2 Contagious conditions
Division 1 Directions about attendance of children at a school or child
care service
161 When parent must not send a child to school or child care
service ..................................... 110
162 When teacher or carer must advise person in charge . . . . . . . . . 110
163 Person in charge may advise parent about suspicion of
contagious condition .............................. 111
164 Person in charge may direct parent not to send child to school
or child care service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111
165 Person in charge may advise parent of child not vaccinated
about suspicion of vaccine preventable condition . . . . . . . . . . . . 112
166 Person in charge may direct parent not to send child to school
or child care service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
167 Chief executive may authorise examination of children at
school or child care service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
168 Chief executive must advise parent about examination . . . . . . . . 113
8
Public Health Bill 2005
169 Chief executive may direct person in charge in relation to child . . 114
170 Person in charge must include information in direction . . . . . . . . 116
171 When person in charge may readmit child before prescribed
period ends ....................................... 116
Division 2 Information sharing
172 Chief executive may require details if child suspected of having
a contagious condition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117
173 Giving health information held by the department . . . . . . . . . . . . 118
Division 3 Confidentiality of information and protection for persons
174 Definitions for div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119
175 Confidentiality of information . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120
176 Disclosure under an Act or another law . . . . . . . . . . . . . . . . . . . . 120
177 Disclosure under Act or with written consent etc.. . . . . . . . . . . . . 120
178 Disclosure to a person to help prevent or minimise transmission
of a contagious condition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120
179 Protection for persons acting under pt 2. . . . . . . . . . . . . . . . . . . . 121
Division 4 Other action to control contagious conditions
180 Directions to person in charge of school or child care service . . . 121
181 Temporary closure of school or child care service . . . . . . . . . . . . 122
Division 5 Appeals against order to close school or child care service
182 Appeals against Minister's order to close school or child care
service ..................................... 123
183 Appeals to District Court only on a question of law . . . . . . . . . . . 123
Division 6 Licensee must ensure person complies with this part
184 Licensee must ensure person in charge complies with pt 2 . . . . . 123
Part 3 Child abuse and neglect
Division 1 Principles under which part 3 to be administered
185 Guiding principles for pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124
Division 2 Relationship with Child Protection Act 1999
186 Relationship with Child Protection Act 1999. . . . . . . . . . . . . . . . . 125
Division 3 Custody of child held at health service facility
187 Person in charge of facility has custody of child held at
facility ..................................... 126
Division 4 Designated medical officers
188 Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126
189 When person in charge taken to be a designated medical officer 127
190 Powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127
9
Public Health Bill 2005
Division 5 Notification of child abuse and neglect
191 Mandatory reporting--immediate notice . . . . . . . . . . . . . . . . . . . 127
192 Mandatory reporting--follow-up notice. . . . . . . . . . . . . . . . . . . . . 128
193 Offence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128
194 Further information may be required . . . . . . . . . . . . . . . . . . . . . . 129
195 Protection from liability for giving information to professional. . . . 129
196 Confidentiality of notifiers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130
Division 6 Care and treatment order for child
197 Designated medical officer may make care and treatment order
for child ........................................ 132
198 Designated medical officer must notify person in charge of
facility where child held ......................... 133
199 Designated medical officer must advise chief executive
(child safety) ................................... 134
200 Designated medical officer must advise parents of child held . . . 134
Division 7 Extension of care and treatment order
201 Designated medical officer may extend care and treatment
order ........................................ 135
202 Designated medical officer must notify person in charge of
facility about extension of order . . . . . . . . . . . . . . . . . . . . . . . . . . 136
203 Designated medical officer must advise chief executive
(child safety) about extension of order . . . . . . . . . . . . . . . . . . . . . 136
204 Designated medical officer must advise child's parents about
extension of order. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136
Division 8 Enforcement and duration of care and treatment order
205 Enforcement of care and treatment order. . . . . . . . . . . . . . . . . . . 137
206 Duration of order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137
207 Limit on the number of care and treatment orders . . . . . . . . . . . . 137
Division 9 Chief executive (child safety) may require information about
child held under care and treatment order
208 Chief executive (child safety) may require information from
designated medical officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138
Division 10 Measures that may be taken in relation to a child held under
a care and treatment order
209 Medical examination or treatment of child held under order. . . . . 139
210 Designated medical officer may request information from
doctors ................................... 140
211 Transfer of child from one facility to another . . . . . . . . . . . . . . . . . 140
212 Parent may choose doctor to examine child. . . . . . . . . . . . . . . . . 141
10
Public Health Bill 2005
Division 11 Offences relating to child held at health service facility
213 Offence to remove child . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141
Chapter 6 Health information management
Part 1 Perinatal statistics
Division 1 Definitions
214 Definitions for pt 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142
Division 2 Establishment and purposes of collection
215 Collection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143
216 Purposes of collection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143
Division 3 Notifications about perinatal statistics
217 Giving notifications to chief executive. . . . . . . . . . . . . . . . . . . . . . 144
218 Further information may be required . . . . . . . . . . . . . . . . . . . . . . 144
Division 4 Confidentiality
219 Definitions for div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145
220 Confidentiality of information . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146
221 Disclosure under an Act or another law . . . . . . . . . . . . . . . . . . . . 146
222 Disclosure under Act or with written consent etc.. . . . . . . . . . . . . 146
223 Disclosure of confidential information in the public interest . . . . . 146
224 Disclosure for data collection and public health monitoring . . . . . 147
225 Disclosure for purposes relating to health services . . . . . . . . . . . 147
226 Disclosure to Commonwealth, another State or
Commonwealth or State entity . . . . . . . . . . . . . . . . . . . . . . . . . . . 148
227 Disclosure to approved quality assurance committee . . . . . . . . . 149
228 Disclosure to allow chief executive to act . . . . . . . . . . . . . . . . . . . 149
Part 2 Cancer notifications
Division 1 Definitions
229 Definitions for pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149
Division 2 Establishment and purposes of register
230 Register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150
231 Purposes of register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150
232 Responsibility for keeping of register . . . . . . . . . . . . . . . . . . . . . . 151
Division 3 Notifications about cancer
233 Application of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151
234 Notifications about cancer to be given to chief executive . . . . . . . 151
235 Directions to give notifications about cancer to contractor . . . . . . 152
236 Further information may be required . . . . . . . . . . . . . . . . . . . . . . 153
11
Public Health Bill 2005
Division 4 Confidentiality
237 Definitions for div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154
238 Confidentiality of information . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155
239 Disclosure under an Act or another law . . . . . . . . . . . . . . . . . . . . 155
240 Disclosure under Act or with written consent etc.. . . . . . . . . . . . . 155
241 Disclosure of confidential information in the public interest . . . . . 155
242 Disclosure for data collection and public health monitoring . . . . . 156
243 Disclosure for purposes relating to health services . . . . . . . . . . . 156
244 Disclosure to Commonwealth, another State or Commonwealth
or State entity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157
245 Disclosure to approved quality assurance committee . . . . . . . . . 157
246 Disclosure to contractor or employee of contractor for
maintaining the register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 158
247 Disclosure to allow chief executive to act . . . . . . . . . . . . . . . . . . . 158
248 Confidentiality of information for contractors . . . . . . . . . . . . . . . . 158
249 Disclosure by contractor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 158
250 Arrangements about transfer of information . . . . . . . . . . . . . . . . . 159
Part 3 Pap smear register
Division 1 Definitions and application
251 Definitions for pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 159
252 Application of part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 162
Division 2 Establishment and purposes of register
253 Pap Smear Register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 162
254 Purposes of register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 162
255 Women may elect to withhold, remove or change information
in the register ................................ 163
Division 3 Duties of persons involved in obtaining and testing Pap
smears and histological samples
256 Initial duty of person obtaining Pap smear or histological
sample ..................................... 164
257 Duty if woman elects for her identifying and clinical information
not to be included in the register . . . . . . . . . . . . . . . . . . . . . . . . . 164
258 Provider's duty if woman previously elected for information
not to be included in the register . . . . . . . . . . . . . . . . . . . . . . . . . 165
259 Duty of director to provide information . . . . . . . . . . . . . . . . . . . . . 166
Division 4 Duties of chief executive concerning registered screening
histories and authority to send notices
260 Duty of chief executive on receipt of information . . . . . . . . . . . . . 166
261 Chief executive may send reminder notices to particular women. 167
12
Public Health Bill 2005
262 Chief executive may send reminder notice to woman's health
practitioner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 167
263 Duty of chief executive to remove registered screening history . . 167
264 Duty of chief executive to change identifying information. . . . . . . 168
265 Chief executive may request information . . . . . . . . . . . . . . . . . . . 168
Division 5 Confidentiality of, and access to, registered screening
histories of women
266 Confidentiality of information . . . . . . . . . . . . . . . . . . . . . . . . . . . . 169
267 Disclosure under an Act or another law . . . . . . . . . . . . . . . . . . . . 169
268 Disclosures about woman's registered screening history. . . . . . . 169
269 Disclosure to Commonwealth, another State or
Commonwealth or State entity . . . . . . . . . . . . . . . . . . . . . . . . . . . 170
270 Disclosure to approved quality assurance committee . . . . . . . . . 171
271 Disclosure to allow chief executive to act . . . . . . . . . . . . . . . . . . . 171
272 Access to register by health practitioners. . . . . . . . . . . . . . . . . . . 171
273 Access to register by directors of, and nominated persons at,
pathology laboratories . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 172
274 Unauthorised access to registered screening histories . . . . . . . . 173
275 Health practitioners, directors and nominated persons to keep
registered screening histories confidential . . . . . . . . . . . . . . . . . . 173
276 Chief executive to monitor access to information . . . . . . . . . . . . . 174
Division 6 Agreements and arrangements about confidential
information, and designation of particular persons
277 Agreements for sending out notices under ss 260, 261 and 262 . 176
278 Arrangements about transfer of information . . . . . . . . . . . . . . . . . 176
279 Chief executive may designate particular persons as health
practitioners .................................. 177
Part 4 Research
Division 1 Definitions
280 Definitions for pt 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 177
Division 2 Health information held by the department for research
281 Chief executive may give information . . . . . . . . . . . . . . . . . . . . . . 178
282 Application to chief executive for information . . . . . . . . . . . . . . . . 179
283 Further information or documents to support application. . . . . . . 179
284 Decision about application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 180
285 What notice must state . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 181
286 Notification of change of persons being given information . . . . . . 181
287 Chief executive may rescind decision to give information . . . . . . 182
13
Public Health Bill 2005
Division 3 Establishment of register
288 Register of approved applications for health information held
by the department ................................. 182
289 Access to register. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 182
Division 4 Use and disclosure of information supplied for research
290 Restriction on inconsistent use of information . . . . . . . . . . . . . . . 183
291 Restriction on disclosure of information . . . . . . . . . . . . . . . . . . . . 183
292 Use of health information held by the department . . . . . . . . . . . . 184
Chapter 7 Public health inquiries
293 Definitions for ch 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 184
294 Minister may establish or re-establish panels of inquiry . . . . . . . . 185
295 Role of panel of inquiry. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 185
296 Conditions of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 186
297 Chief executive to arrange for services of staff and financial
matters for panel of inquiry. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 186
298 Procedure. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 186
299 Notice of inquiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 187
300 Inquiry to be held in public other than in special circumstances . 187
301 Protection of members, legal representatives and witnesses . . . 187
302 Record of proceedings to be kept . . . . . . . . . . . . . . . . . . . . . . . . 187
303 Procedural fairness and representation . . . . . . . . . . . . . . . . . . . . 188
304 Panel's powers on inquiry. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 188
305 Notice to witness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 188
306 Inspection of documents or other things . . . . . . . . . . . . . . . . . . . 188
307 Inquiry may continue despite court proceeding unless
otherwise ordered ............................. 189
308 Offences by witnesses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 189
309 False or misleading statements . . . . . . . . . . . . . . . . . . . . . . . . . . 190
310 False or misleading documents . . . . . . . . . . . . . . . . . . . . . . . . . . 190
311 Contempt of panel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 191
312 Report of offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 191
313 Change of membership of panel . . . . . . . . . . . . . . . . . . . . . . . . . 191
Chapter 8 Public health emergencies
Part 1 Preliminary
314 Purpose of ch 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 192
315 Definitions for ch 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 192
316 Relationship to other Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 193
317 Other Acts not affected. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 193
14
Public Health Bill 2005
318 Powers under this chapter and powers under other Acts . . . . . . . 193
Part 2 Declaring a public health emergency
319 Declaration of public health emergency . . . . . . . . . . . . . . . . . . . . 194
320 What public health emergency order must state . . . . . . . . . . . . . 194
321 Publication of declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 195
322 Duration of declared public health emergency . . . . . . . . . . . . . . . 195
323 Extending declared public health emergency. . . . . . . . . . . . . . . . 195
324 Ending declared public health emergency . . . . . . . . . . . . . . . . . . 196
325 Publication of ending of declared public health emergency . . . . . 196
326 Public health emergency order may be amended . . . . . . . . . . . . 197
Part 3 Emergency notifiable conditions
327 Declaration of emergency notifiable condition as controlled
notifiable condition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 197
328 What controlled notifiable conditions declaration must state . . . . 198
329 Publication of declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 198
330 Duration of controlled notifiable conditions declaration . . . . . . . . 198
331 Controlled notifiable conditions declaration may be amended . . . 198
Part 4 Role of chief executive
332 Coordination responsibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 199
Part 5 Appointment of emergency officers
333 Appointment of emergency officers (general) . . . . . . . . . . . . . . . 199
334 Qualifications for appointment as emergency officer (general) . . 200
335 Appointment of emergency officers (medical) . . . . . . . . . . . . . . . 200
336 Qualifications for appointment as emergency officer (medical) . . 201
337 Appointment conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 201
338 Chief executive to give copy of appointment to emergency
officer ........................................ 201
339 Powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 201
340 Identity cards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 202
341 Failure to return identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . 202
342 Production or display of identity card by emergency officer . . . . . 202
Part 6 Powers of emergency officers
Division 1 Entry of places
343 Power to enter places . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 204
344 Procedure before entry. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 204
Division 2 Emergency powers
345 Emergency powers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 205
15
Public Health Bill 2005
346 Failure to comply with requirement. . . . . . . . . . . . . . . . . . . . . . . . 206
347 General powers after entering places . . . . . . . . . . . . . . . . . . . . . 207
348 Failure to help emergency officer . . . . . . . . . . . . . . . . . . . . . . . . . 208
Part 7 Extra powers of emergency officers (medical)
Division 1 Detention powers
349 Emergency officer (medical) may order detention . . . . . . . . . . . . 208
350 Duration of order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 209
351 Enforcement of order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 209
352 Establishing isolation areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 210
353 Person to be given opportunity of voluntarily complying with
order ........................................ 210
354 Medical examination and treatment . . . . . . . . . . . . . . . . . . . . . . . 210
355 When detained person must be released before the end of the
order ........................................ 211
Division 2 Extension of detention order
356 Application to extend order. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 211
357 Consideration of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 212
358 Appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 213
Division 3 Other provisions about detention
359 Application of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 213
360 Obligations of emergency officer (medical) in relation to person
detained ................................... 213
361 Application to magistrate for order ending person's detention . . . 214
362 Appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 215
Part 8 General enforcement matters
363 False or misleading statements . . . . . . . . . . . . . . . . . . . . . . . . . . 216
364 False or misleading documents . . . . . . . . . . . . . . . . . . . . . . . . . . 216
365 Obstructing emergency officers . . . . . . . . . . . . . . . . . . . . . . . . . . 217
Part 9 Compensation
366 Entitlement to compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . 217
367 When compensation is not payable . . . . . . . . . . . . . . . . . . . . . . . 217
368 Applying for compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 218
369 Lapsing of application. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 218
370 Deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 219
371 Notice about decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 219
372 Who may appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 220
373 Starting an appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 220
374 Hearing procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 220
16
Public Health Bill 2005
375 Appeal to District Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 220
Chapter 9 Monitoring and enforcement
Part 1 Authorised persons
376 Powers generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 221
377 Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 221
378 Qualifications for appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . 222
379 Appointment conditions and limit on powers . . . . . . . . . . . . . . . . 222
380 Issue of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 222
381 Production or display of identity card . . . . . . . . . . . . . . . . . . . . . . 223
382 When authorised person ceases to hold office . . . . . . . . . . . . . . 223
383 Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 224
384 Return of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 224
Part 2 Powers of authorised persons
Division 1 Entry of places
385 Power to enter places . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 224
386 Power to enter place to ascertain if public health risk . . . . . . . . . 225
387 Power to enter place to check compliance with public
health order .................................. 225
388 Power to enter place to take steps if public health order not
complied with . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 226
389 Power to enter place under approved inspection program . . . . . . 226
390 Power to enter health care facility. . . . . . . . . . . . . . . . . . . . . . . . . 226
Division 2 Procedure for entry
391 Entry with consent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 227
392 Entry of place under s 386, 387 or 389 . . . . . . . . . . . . . . . . . . . . 228
393 Entry of place under s 388 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 229
394 Application for warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 229
395 Issue of warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 230
396 Application by electronic communication and duplicate warrant . 231
397 Defect in relation to a warrant. . . . . . . . . . . . . . . . . . . . . . . . . . . . 233
398 Warrants--procedure before entry . . . . . . . . . . . . . . . . . . . . . . . . 234
Division 3 General powers
399 General powers after entering places . . . . . . . . . . . . . . . . . . . . . 234
400 Failure to help authorised person . . . . . . . . . . . . . . . . . . . . . . . . . 235
401 Failure to answer questions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 236
Division 4 Vehicles
402 Stopping motor vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 236
17
Public Health Bill 2005
Division 5 Power to seize evidence
403 Seizing evidence at place that may be entered without
consent or a warrant. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 238
404 Seizing evidence at a place that may only be entered with
consent or warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 238
Division 6 Power to remove or reduce public health risk under a
warrant
405 Power to remove or reduce public health risk after
entering place ................................. 239
Division 7 Recovery of costs and expenses
406 Cost of steps recoverable as a debt . . . . . . . . . . . . . . . . . . . . . . . 240
407 Cost of steps by local government a charge over land. . . . . . . . . 240
Division 8 Dealing with seized things
408 Securing seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 241
409 Tampering with seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . 241
410 Powers to support seizure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 242
411 Authorised person may require thing's return. . . . . . . . . . . . . . . . 242
412 Receipts for seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 243
413 Forfeiture of seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 243
414 Return of seized things. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 244
415 Access to seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 245
Division 9 Power to obtain information
416 Power to require name and address . . . . . . . . . . . . . . . . . . . . . . 245
417 Failure to give name or address . . . . . . . . . . . . . . . . . . . . . . . . . . 246
418 Power to require production of documents . . . . . . . . . . . . . . . . . . 246
419 Failure to produce document . . . . . . . . . . . . . . . . . . . . . . . . . . . . 247
420 Failure to certify copy of document. . . . . . . . . . . . . . . . . . . . . . . . 247
Part 3 General enforcement matters
421 Notice of damage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 248
422 Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 248
423 False or misleading statements . . . . . . . . . . . . . . . . . . . . . . . . . . 249
424 False or misleading documents . . . . . . . . . . . . . . . . . . . . . . . . . . 249
425 Obstructing authorised persons . . . . . . . . . . . . . . . . . . . . . . . . . . 250
426 Impersonation of authorised persons . . . . . . . . . . . . . . . . . . . . . . 250
Part 4 Approved inspection programs
427 Approved inspection program. . . . . . . . . . . . . . . . . . . . . . . . . . . . 250
428 Notice of proposed inspection program . . . . . . . . . . . . . . . . . . . . 252
429 Access to program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 252
18
Public Health Bill 2005
Part 5 Analysis of things
430 Appointment and qualifications . . . . . . . . . . . . . . . . . . . . . . . . . . 252
431 Appointment conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 253
432 When State analyst ceases to hold office . . . . . . . . . . . . . . . . . . 253
433 Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 253
434 Chief executive may approve laboratory. . . . . . . . . . . . . . . . . . . . 254
435 Analysis . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 254
436 Certificate must indicate methodology used. . . . . . . . . . . . . . . . . 254
Chapter 10 Legal proceedings
Part 1 Application
437 Application of ch 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 255
Part 2 Evidence
438 Appointments and authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 255
439 Signatures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 255
440 Evidentiary provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 256
Part 3 Proceedings
441 Summary offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 257
442 Allegations of false or misleading information or document . . . . . 257
443 Recovery of costs of investigation . . . . . . . . . . . . . . . . . . . . . . . . 258
444 Application for order for payment of costs under s 443 . . . . . . . . 258
445 Forfeiture on conviction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 258
446 Dealing with forfeited thing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 259
447 Responsibility for acts or omissions of representative . . . . . . . . . 259
448 Executive officers must ensure corporation complies with Act. . . 260
449 Fines payable to local government . . . . . . . . . . . . . . . . . . . . . . . . 261
Part 4 Appeals
450 Who may appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 261
451 Starting an appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 261
452 Hearing procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 262
453 Appeal to District Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 262
Chapter 11 Miscellaneous
Part 1 Annual report on public health issues
454 Chief executive to give Minister annual report . . . . . . . . . . . . . . . 262
Part 2 Other provisions
455 Manager of public health services for the State . . . . . . . . . . . . . . 262
456 Delegations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 263
457 Protecting prescribed persons from liability . . . . . . . . . . . . . . . . . 263
19
Public Health Bill 2005
458 Public officials for Police Powers and Responsibilities Act . . . . . . 264
459 Approval of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 264
460 Service of documents. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 265
461 Compliance with provisions about explaining and giving
documents .................................. 265
Part 3 Regulations
462 Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 266
Chapter 12 Savings and transitional
463 Manager of public health services . . . . . . . . . . . . . . . . . . . . . . . . 267
464 Notifiable conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 267
465 Notifiable conditions register . . . . . . . . . . . . . . . . . . . . . . . . . . . . 268
466 Order for removal or detention of person with notifiable disease . 269
467 Order to cleanse and disinfect premises . . . . . . . . . . . . . . . . . . . 269
468 Order closing a school . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 269
469 Mandatory reporting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 270
470 Temporary custody of children . . . . . . . . . . . . . . . . . . . . . . . . . . . 270
471 Abatement of nuisance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 271
472 Notice relating to sewer, stormwater drain or sanitary
convenience ................................. 271
473 Cancer notifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 271
474 Cancer registers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 272
475 Continued obligation to give cancer return . . . . . . . . . . . . . . . . . . 272
476 Contractor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 273
477 Further information may be required about cancer returns . . . . . 273
478 Continuing obligation to give further information about
cancer return ................................ 274
479 Pap smear register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 274
480 Duty of director to give pap smear information. . . . . . . . . . . . . . . 274
481 Chief executive's duty to send notice . . . . . . . . . . . . . . . . . . . . . . 274
482 Request to remove registered screening history . . . . . . . . . . . . . 275
483 Request to change identifying information . . . . . . . . . . . . . . . . . . 275
484 Request for registered screening history . . . . . . . . . . . . . . . . . . . 275
485 Agreement to send out notices. . . . . . . . . . . . . . . . . . . . . . . . . . . 275
486 Designated health practitioners . . . . . . . . . . . . . . . . . . . . . . . . . . 276
487 Perinatal Statistics Collection . . . . . . . . . . . . . . . . . . . . . . . . . . . . 276
488 Notification about delivery . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 276
489 Further information about perinatal statistics . . . . . . . . . . . . . . . . 277
490 Notice to comply with standard about paint . . . . . . . . . . . . . . . . . 277
20
Public Health Bill 2005
491 Authority to conduct scientific research and studies . . . . . . . . . . 277
492 Offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 278
493 References to Health Act 1937. . . . . . . . . . . . . . . . . . . . . . . . . . . 278
Chapter 13 Consequential and other amendments
494 Acts amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 278
Schedule 1 Consequential Amendments . . . . . . . . . . . . . . . . . . . . . . . . . . 279
Aboriginal Communities (Justice and Land Matters) Act 1984. . . 279
Ambulance Service Act 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 279
Child Protection Act 1999. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 279
Commission for Children and Young People and Child
Guardian Act 2000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 280
Commonwealth Powers (Family Law--Children) Act 1990 . . . . . 280
Community Services (Torres Strait) Act 1984 . . . . . . . . . . . . . . . 281
Coroners Act 2003 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 281
Corrective Services Act 2000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 283
Evidence Act 1977 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 283
Food Act 1981 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 284
Food Production (Safety) Act 2000 . . . . . . . . . . . . . . . . . . . . . . . 287
Gurulmundi Secure Landfill Agreement Act 1992 . . . . . . . . . . . . 287
Health Act 1937 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 287
Health Services Act 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 290
Liquor Act 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 292
Medical Practitioners Registration Act 2001. . . . . . . . . . . . . . . . . 292
Metropolitan Water Supply and Sewerage Act 1909 . . . . . . . . . . 292
Plumbing and Drainage Act 2002. . . . . . . . . . . . . . . . . . . . . . . . . 293
Police Powers and Responsibilities Act 2000 . . . . . . . . . . . . . . . . 293
Private Health Facilities Act 1999. . . . . . . . . . . . . . . . . . . . . . . . . 293
Public Safety Preservation Act 1986 . . . . . . . . . . . . . . . . . . . . . . 294
Queensland Institute of Medical Research Act 1945 . . . . . . . . . . 294
Radiation Safety Act 1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 295
Residential Services (Accreditation) Act 2002 . . . . . . . . . . . . . . . 295
Transplantation and Anatomy Act 1979 . . . . . . . . . . . . . . . . . . . . 295
Schedule 2 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 296
2005
A BILL
for
An Act to protect and promote the health of the Queensland
public, and for other purposes
s1 22 s3
Public Health Bill 2005
The Parliament of Queensland enacts-- 1
Chapter 1 Preliminary 2
Part 1 Introduction 3
1 Short title 4
This Act may be cited as the Public Health Act 2005. 5
2 Commencement 6
This Act commences on a day to be fixed by proclamation. 7
3 Act binds all persons 8
(1) Subject to subsection (2), this Act binds all persons, including 9
the State and, so far as the legislative power of the Parliament 10
permits, the Commonwealth and all the other States. 11
(2) The following provisions do not bind the State for local 12
government public health risks-- 13
(a) chapter 2, part 3;1 14
(b) section 386; 2
15
(c) sections 394 and 395.3 16
(3) Nothing in this Act makes the Commonwealth or a State 17
liable to be prosecuted for an offence. 18
1 Chapter 2 (Environmental health), part 3 (Public health orders)
2 Section 386 (Power to enter place to ascertain if public health risk)
3 Sections 394 (Application for warrant) and 395 (Issue of warrant)
s4 23 s7
Public Health Bill 2005
4 Contravention of this Act does not create civil cause of 1
action 2
No provision of this Act creates a civil cause of action based 3
on a contravention of the provision. 4
5 Act does not affect other rights or remedies 5
(1) This Act does not affect or limit a civil right or remedy that 6
exists apart from this Act, whether at common law or 7
otherwise. 8
(2) Without limiting subsection (1), compliance with this Act 9
does not necessarily show that a civil obligation that exists 10
apart from this Act has been satisfied or has not been 11
breached. 12
Part 2 Object 13
6 Object of Act 14
The object of this Act is to protect and promote the health of 15
the Queensland public. 16
7 How object is mainly achieved 17
The object is to be mainly achieved by-- 18
(a) preventing, controlling and reducing risks to public 19
health; and 20
(b) providing for the identification of, and response to, 21
notifiable conditions; and 22
(c) imposing obligations on persons and particular health 23
care facilities involved in the provision of declared 24
health services to minimise infection risks; and 25
(d) providing for the notification by doctors and registered 26
nurses of child abuse and neglect, and protecting 27
children who have been harmed or are at risk of harm 28
when the children present at health service facilities; and 29
s8 24 s 10
Public Health Bill 2005
(e) collecting and managing particular health information, 1
and establishing mechanisms for health information 2
held by the department to be accessed for appropriate 3
research; and 4
(f) inquiring into serious public health matters; and 5
(g) responding to public health emergencies; and 6
(h) providing for compliance with this Act to be monitored 7
and enforced. 8
Part 3 Interpretation 9
8 Definitions 10
The dictionary in schedule 2 defines particular words used in 11
this Act. 12
9 Notes in text 13
A note in the text of this Act is part of the Act. 14
Chapter 2 Environmental health 15
Part 1 Public health risks 16
10 Definitions for ch 2 17
In this chapter-- 18
local government public health risk means a public health 19
risk-- 20
(a) mentioned in section 11(1)(a) or (b)(i), (ii), (iii), (iv), (v) 21
or (vi); or 22
s 11 25 s 11
Public Health Bill 2005
(b) prescribed under section 18 as a public health risk that is 1
to be administered and enforced only by local 2
governments. 3
public health risk see section 11. 4
State public health risk means a public health risk-- 5
(a) mentioned in section 11(1)(b)(vii) or (viii); or 6
(b) prescribed under section 18 as a public health risk that is 7
to be administered and enforced only by the State. 8
11 Meaning of public health risk 9
(1) Public health risk means-- 10
(a) an animal, structure, substance or other thing that-- 11
(i) is, or is likely to become, a breeding ground or 12
source of food for designated pests; or 13
(ii) harbours, or is likely to become something that 14
harbours, designated pests; or 15
(b) any of the following that is, or is likely to be, hazardous 16
to human health, or that contributes to, or is likely to 17
contribute to, disease in humans or the transmission of 18
an infectious condition to humans-- 19
(i) a designated pest; 20
(ii) water; 21
(iii) waste; 22
(iv) a dead or living animal, structure, substance or 23
other thing that has been, or is likely to have been, 24
exposed to an infectious condition; 25
(v) a dispersal or release of a pesticide, herbicide, 26
solvent or other chemical at a place other than a 27
workplace; 28
(vi) a dispersal or release of a by-product of 29
manufacturing, construction, repair, alteration, 30
cleaning or demolition work at a place other than a 31
workplace; 32
s 11 26 s 11
Public Health Bill 2005
(vii) lead used, or being used, in a way that contravenes 1
section 58 or 59; 2
(viii) paint used, or being used, in a way that contravenes 3
the standard mentioned in section 60; 4
(ix) any other activity, animal, substance or other thing 5
prescribed under a regulation. 6
7
Examples for paragraph (vi)--
8
1 drifting fibreglass dust resulting from building a
9
fibreglass boat
10
2 propulsion into the environment of lead particles as a
11
result of sandblasting lead-based paint
12
3 the release of asbestos fibres through the renovation
13
of a house containing asbestos-cement sheeting or
14
insulation material comprising or containing asbestos
(2) The Minister must not recommend to the Governor in Council 15
the making of a regulation under subsection (1)(b)(ix) unless 16
the Minister is satisfied the activity, animal, substance or 17
other thing-- 18
(a) is, or is likely to be, hazardous to human health; or 19
(b) contributes, or is likely to contribute, to disease in 20
humans or to the transmission of an infectious condition 21
to humans. 22
(3) In this section-- 23
animal does not include a human. 24
disease includes a non-infectious condition. 25
waste includes an accumulation or deposit of a substance or a 26
thing. 27
water includes potable water, water used for recreational 28
purposes, recycled water, waste water and sewage. 29
workplace has the meaning given in the Workplace Health 30
and Safety Act 1995. 31
s 12 27 s 14
Public Health Bill 2005
Part 2 Roles of the State and local 1
governments for public health 2
risks 3
12 When Act administered only by the State 4
(1) This Act is to be administered and enforced by the State and 5
not by local governments for-- 6
(a) State public health risks; and 7
(b) a regulation made under section 614 that states that the 8
regulation is to be administered and enforced by the 9
State only. 10
(2) This section is subject to section 14. 11
13 When Act administered only by local governments 12
(1) This Act is to be administered and enforced by local 13
governments and not by the State for-- 14
(a) local government public health risks; and 15
(b) a regulation made under section 61 that states that the 16
regulation is to be administered and enforced by local 17
governments only. 18
(2) This section is subject to section 14. 19
14 When State and local governments administer this Act in 20
partnership 21
(1) The chief executive and the chief executive officer of a local 22
government may agree that-- 23
(a) the State do a thing in the administration or enforcement 24
of this Act for a matter mentioned in section 13(1); or 25
(b) the local government do a thing in the administration or 26
enforcement of this Act for a matter mentioned in 27
section 12(1). 28
4 Section 61 (Regulations about public health risks)
s 15 28 s 15
Public Health Bill 2005
(2) For subsection (1)(a), the chief executive may perform 1
functions and exercise powers for this Act for a matter 2
mentioned in section 13(1), including appointing authorised 3
persons. 4
(3) For subsection (1)(b), a chief executive officer may perform 5
functions and exercise powers for this Act for a matter 6
mentioned in section 12(1), including appointing authorised 7
persons. 8
(4) An appointment under subsection (2) or (3) may be made 9
before or after an agreement under this section. 10
15 Action by the State if local government does not 11
administer and enforce this Act 12
(1) Subsection (2) applies if the chief executive-- 13
(a) is reasonably of the opinion there is a significant risk to 14
public health from a public health risk in a local 15
government's area for a matter mentioned in 16
section 13(1); and 17
(b) is satisfied a local government has not done, or 18
sufficiently done, a thing in the administration or 19
enforcement of this Act for the matter; and 20
(c) is reasonably of the opinion that doing the thing is 21
necessary to remove or reduce the risk to public health 22
from a public health risk, or prevent a risk to public 23
health from recurring. 24
(2) For subsection (1)(a), the chief executive must have regard to 25
the following in forming an opinion about whether there is a 26
significant risk to public health from the public health risk-- 27
(a) the potential consequences for the health of individuals; 28
(b) the number of persons likely to be exposed to the risk. 29
(3) The chief executive may do the thing and the reasonable costs 30
and expenses incurred by the chief executive are a debt 31
payable by the local government to the State. 32
(4) For subsections (1), (2) and (3), the chief executive may 33
perform functions and exercise powers for this Act for a 34
s 16 29 s 18
Public Health Bill 2005
matter mentioned in section 13(1), including appointing 1
authorised persons. 2
(5) An appointment under subsection (4) may be made before or 3
after a local government has not done a thing mentioned in 4
subsection (1)(b). 5
16 Procedure before taking action under s 15 6
Before the chief executive does a thing under section 15(3), 7
the chief executive must-- 8
(a) consult with the chief executive officer of the local 9
government; and 10
(b) give the chief executive officer a reasonable opportunity 11
to do the thing. 12
17 State may require report from local government 13
(1) This section applies to a matter under this chapter 14
administered and enforced-- 15
(a) by both the State and local governments in partnership 16
under section 14; or 17
(b) by local governments only. 18
(2) The chief executive, by notice, may ask a local government to 19
give the chief executive information about the local 20
government's administration and enforcement of the matter 21
within a stated reasonable time. 22
(3) The local government must comply with the request. 23
(4) However, before giving notice under this section, the chief 24
executive must consult with the chief executive officer of the 25
local government. 26
18 Regulation to prescribe who is to administer this Act for 27
particular public health risks 28
If a regulation is made under section 11(1)(b)(ix) prescribing 29
a public health risk, the regulation must state whether this Act 30
is to be administered and enforced for the public health risk 31
by-- 32
s 19 30 s 20
Public Health Bill 2005
(a) the State only; or 1
(b) local governments only. 2
19 Effect of Act on local laws 3
(1) This Act does not prevent a local government from making 4
local laws about public health risks. 5
(2) For this Act, local laws about public health risks have effect 6
despite the Local Government Act 1993, section 315. 7
(3) However, subsection (2) does not apply to a local law that is 8
inconsistent with a regulation made under section 61. 9
20 Application of Local Government Act, chapter 15 10
The following provisions of the Local Government Act 1993, 11
chapter 15 do not apply to the administration and enforcement 12
of this Act by a local government-- 13
(a) section 1060(2); 14
(b) part 3; 15
(c) section 1063 and sections 1065 to 1069; 16
(d) part 4, division 2; 17
(e) sections 1072 and 1076; 18
(f) part 5, divisions 4 to 9. 19
5 Local Government Act 1993, section 31 (Inconsistency with State law)
s 21 31 s 21
Public Health Bill 2005
Part 3 Public health orders 1
Division 1 Preliminary 2
21 What public health order may require 3
(1) A public health order may require a person to do something at 4
a place that is-- 5
(a) reasonably necessary to remove or reduce the risk to 6
public health from a public health risk, or prevent a risk 7
to public health from recurring; and 8
(b) appropriate in the circumstances having regard to the 9
nature and seriousness of the risk to public health at the 10
time the order is made. 11
(2) Without limiting subsection (1), a public health order may 12
require a person to do any of the following at the place-- 13
(a) clean or disinfect the place, or part of the place, or a 14
structure or other thing at the place, in the way stated in 15
the order; 16
(b) carry out insect or pest control at the place in the way 17
stated in the order; 18
(c) demolish stated structures or other property at the place 19
in the way stated in the order; 20
(d) remove stated material or items from the place to 21
another place stated in the order in the way stated in the 22
order; 23
(e) dispose of stated material or items at the place in the 24
way stated in the order, for example, by burying the 25
material or items; 26
(f) destroy animals at the place or remove animals from the 27
place for destruction at another place in the way stated 28
in the order; 29
(g) stop using the place, or part of the place, for a stated 30
purpose, within a stated period or until stated steps are 31
taken. 32
s 22 32 s 23
Public Health Bill 2005
(3) A public health order must-- 1
(a) be in writing; and 2
(b) state a period within which the person to whom it is 3
given must comply with the order. 4
(4) The period stated under subsection (3)(b) must be reasonable 5
having regard to the risk to public health from the public 6
health risk. 7
22 Public health orders about animals 8
(1) This section applies if an authorised person reasonably 9
believes there is a public health risk at a place involving an 10
animal that has, or may have-- 11
(a) an exotic disease under the Exotic Diseases in Animals 12
Act 1981; or 13
(b) a notifiable disease under the Stock Act 1915. 14
(2) Before an authorised person issues a public health order 15
relating to the animal, the chief executive or chief executive 16
officer must consult the chief executive of the department in 17
which the relevant one of those Acts is administered. 18
Division 2 Giving public health orders 19
23 Public health orders 20
(1) If an authorised person reasonably believes that a person is 21
responsible for a public health risk at a place, the authorised 22
person may give a public health order to the person (the 23
recipient). 24
(2) The public health order must state-- 25
(a) the name and address of the recipient; and 26
(b) the nature of the public health risk; and 27
(c) the address of the place of the public health risk; and 28
(d) the steps the recipient must take, or action the recipient 29
must stop, at the place to remove or reduce the risk to 30
s 24 33 s 24
Public Health Bill 2005
public health from the public health risk, or prevent the 1
risk to public health from recurring; and 2
(e) the period within which the steps must be taken or the 3
action must be stopped; and 4
(f) the name of the authorised person; and 5
(g) the name, address and contact details of the issuing 6
authority; and 7
(h) that it is an offence for the recipient not to comply with 8
the order, unless the recipient has a reasonable excuse; 9
and 10
(i) that if the order is not complied with an application may 11
be made to a magistrates court for an enforcement order. 12
(3) The public health order must also set out, or state the effect of, 13
sections 387 and 388.6 14
(4) The recipient must comply with the public health order, 15
unless the recipient has a reasonable excuse. 16
Maximum penalty--200 penalty units. 17
18
Note--
19
If a recipient fails to comply with a public health order, the issuing
20
authority may take action under chapter 9, for example under
21
section 388. Other action may be taken under this Act, for example,
22
under division 3 of this part.
Division 3 Enforcement of public health orders 23
24 Issuing authority may apply for enforcement order 24
(1) This section applies if the issuing authority considers a person 25
has contravened a public health order. 26
(2) The issuing authority may apply to a magistrate for an order 27
enforcing the public health order (an enforcement order). 28
(3) The application must-- 29
6 Sections 387 (Power to enter place to check compliance with public health order)
and 388 (Power to enter place to take steps if public health order not complied with)
s 25 34 s 26
Public Health Bill 2005
(a) be sworn; and 1
(b) state the grounds on which the application is made; and 2
(c) state the nature of the enforcement order sought; and 3
(d) be accompanied by a copy of the public health order. 4
(4) The magistrate may refuse to consider the application until the 5
applicant gives the magistrate all the information the 6
magistrate requires about the application in the way the 7
magistrate requires. 8
9
Example--
10
The magistrate may require additional information supporting the
11
application be given by statutory declaration.
25 Notice of hearing must be given 12
(1) The person to whom the application relates must be given a 13
notice at least 14 days before the day the application is to be 14
heard. 15
(2) The notice-- 16
(a) must be accompanied by a copy of the application; and 17
(b) must state-- 18
(i) the time when and the place where the application 19
is to be heard; and 20
(ii) that the person may appear at the hearing and be 21
heard on the application; and 22
(iii) that, if the person does not appear, the application 23
may be decided in the person's absence. 24
(3) If the person appears at the time and place stated in the notice, 25
the person is entitled to be heard on the application. 26
(4) If the person does not appear at the time and place stated in 27
the notice, the application may be decided in the person's 28
absence. 29
26 When magistrate may order enforcement 30
The magistrate may make an enforcement order against the 31
person only if the magistrate is satisfied-- 32
s 27 35 s 27
Public Health Bill 2005
(a) a public health order was given to the person; and 1
(b) the public health order was appropriate in the 2
circumstances having regard to the nature and 3
seriousness of the risk to public health from the public 4
health risk at the time the order was given; and 5
(c) the person has contravened the public health order; and 6
(d) notice under section 25 has been given to the person. 7
27 What enforcement order may require 8
(1) The magistrate may make an enforcement order in the same 9
terms as the public health order, or in other terms the 10
magistrate considers appropriate. 11
(2) Without limiting subsection (1), the magistrate may order 12
either-- 13
(a) that-- 14
(i) the person against whom the order is made take 15
steps to remove or reduce the risk to public health 16
from the public health risk, or prevent the risk to 17
public health from recurring; and 18
(ii) if the person fails to take the steps, the issuing 19
authority may enter the place and take the steps; or 20
(b) that the issuing authority may enter a place by its 21
employees or agents to take steps to remove or reduce 22
the risk to public health from the public health risk, or 23
prevent the risk to public health from recurring. 24
(3) If the magistrate makes an order under subsection (2)(a), the 25
order must state-- 26
(a) the address of the place the steps are to be taken; and 27
(b) the steps the person must take; and 28
(c) the period within which the steps must be taken; and 29
(d) that an authorised person-- 30
(i) may enter the place to check whether the steps 31
under the order are being, or have been, taken; and 32
s 27 36 s 27
Public Health Bill 2005
(ii) may use necessary and reasonable help and force 1
to enter; and 2
(e) the times and intervals for entry under paragraph (d); 3
and 4
(f) that if the steps required to be taken under the 5
enforcement order have not been taken within the 6
required period, the issuing authority may take the steps; 7
and 8
(g) that for paragraph (f), an employee or agent of the 9
issuing authority-- 10
(i) may enter the place to take the steps under the 11
order; and 12
(ii) may use necessary and reasonable help and force 13
to enter, if the employee or agent is an authorised 14
person or is accompanied by an authorised person; 15
and 16
(h) the times and intervals for entry under paragraph (g); 17
and 18
(i) who must pay the costs of taking the steps; and 19
(j) that it is an offence not to comply with the enforcement 20
order unless the person has a reasonable excuse. 21
(4) If the magistrate makes an order under subsection (2)(b), the 22
order must state-- 23
(a) the address of the place where the steps are to be taken; 24
and 25
(b) the steps that may be taken at the place by the issuing 26
authority; and 27
(c) that an employee or agent of the issuing authority-- 28
(i) may enter the place to take the steps under the 29
order; and 30
(ii) may use necessary and reasonable help and force 31
to enter, if the employee or agent is an authorised 32
person or is accompanied by an authorised person; 33
and 34
s 28 37 s 30
Public Health Bill 2005
(d) the times and intervals for entry under paragraph (c); 1
and 2
(e) the day when the order ends; and 3
(f) that an authorised person-- 4
(i) may enter the place to check whether the steps 5
under the order are being, or have been, taken; and 6
(ii) may use necessary and reasonable help and force 7
to enter; and 8
(g) the times and intervals for entry under paragraph (f); and 9
(h) who must pay the cost of taking the steps. 10
28 Person must comply with enforcement order 11
(1) A person must comply with an enforcement order unless the 12
person has a reasonable excuse. 13
Maximum penalty--400 penalty units. 14
(2) Subsection (1) does not limit any other liability a person may 15
incur for a contravention of the order. 16
29 Application may be dealt with in proceeding for offence 17
(1) This section applies if a person to whom an application for an 18
enforcement order relates is being prosecuted for an offence 19
against section 23(4). 20
(2) The application may be dealt with in the prosecution 21
proceedings. 22
Division 4 Taking steps under enforcement 23
order 24
30 Procedure before entry under enforcement order 25
(1) This section applies if-- 26
(a) an enforcement order allows-- 27
s 31 38 s 31
Public Health Bill 2005
(i) an issuing authority to enter a place by its 1
employees or its agents to take steps under the 2
order; or 3
(ii) an authorised person to enter a place to check 4
whether the steps under the order are being, or 5
have been, taken; and 6
(b) the employees, agents or authorised person intends to 7
enter the place under the order. 8
(2) Before entering the place, the employee, agent or authorised 9
person must do or make a reasonable attempt to do the 10
following-- 11
(a) identify himself or herself to a person present at the 12
place who is an occupier of the place; 13
(b) give the person a copy of the order; 14
(c) tell the person that the employee, agent or authorised 15
person is permitted by the order to enter the place; 16
(d) give the person an opportunity to allow the employee, 17
agent or authorised person immediate entry to the place 18
without using force. 19
(3) However, the employee, agent or authorised person need not 20
comply with subsection (2) if the employee, agent or 21
authorised person believes on reasonable grounds that 22
immediate entry to the place is required to ensure the effective 23
execution of the order is not frustrated. 24
31 Costs under enforcement order recoverable as a debt 25
(1) The issuing authority may recover the amount payable by a 26
person ordered to pay the costs under an enforcement order as 27
a debt due to the issuing authority. 28
(2) For subsection (1), the amount becomes payable 30 days after 29
the issuing authority gives the person details of the amount of 30
the costs. 31
(3) If the issuing authority is a local government-- 32
(a) the amount payable to the local government bears 33
interest as if it were an amount of an overdue rate 34
s 32 39 s 33
Public Health Bill 2005
payable to a local government under the Local 1
Government Act 1993; and 2
(b) the amount payable plus interest may be recovered by 3
the local government as if the total amount were an 4
amount of an overdue rate payable to a local 5
government under the Local Government Act 1993. 6
32 Cost under enforcement order a charge over land 7
(1) This section applies if an amount (including any interest on 8
the amount) (the unpaid amount) is payable to a local 9
government by a person under an enforcement order that 10
relates to a public health risk on land owned by the person. 11
(2) The unpaid amount is a charge on the land. 12
(3) The local government may lodge a request to register the 13
charge in the appropriate form over the land with the registrar 14
of titles. 15
(4) The request must be accompanied by a certificate signed by 16
the local government's chief executive officer stating there is 17
a charge over the land under this section. 18
(5) A registered charge has priority over all other encumbrances 19
over the land other than-- 20
(a) encumbrances in favour of the State or a government 21
entity; and 22
(b) rates payable to the local government. 23
(6) The charge is in addition to any other remedy the local 24
government has for recovery of the unpaid amount. 25
Division 5 Recovery of costs from third parties 26
33 Recipient may apply for contribution 27
(1) This section applies if the recipient of a public health order 28
has complied with the order and considers another person (the 29
third party) is wholly or partly responsible for the public 30
health risk the subject of the order. 31
s 34 40 s 34
Public Health Bill 2005
(2) The recipient may apply to a magistrates court for an order 1
that the third party pay part or all of the costs of removing or 2
reducing the risk to public health from the public health risk, 3
or of preventing the risk to public health from recurring (the 4
cost recovery order). 5
(3) The application must-- 6
(a) be sworn; and 7
(b) state the grounds on which the application is made; and 8
(c) state the name of the third party; and 9
(d) state the amount sought from the third party; and 10
(e) be accompanied by a copy of the public health order. 11
(4) The magistrate may refuse to consider the application until the 12
applicant gives the magistrate all the information the 13
magistrate requires about the application in the way the 14
magistrate requires. 15
16
Example--
17
The magistrate may require additional information supporting the
18
application be given by statutory declaration.
34 Notice of hearing of cost recovery order must be given 19
(1) The third party to whom the application relates must be given 20
a notice at least 14 days before the day the application is to be 21
heard. 22
(2) The notice-- 23
(a) must be accompanied by a copy of the application; and 24
(b) must state-- 25
(i) the time when and the place where the application 26
is to be heard; and 27
(ii) that the third party may appear at the hearing and 28
be heard on the application; and 29
(iii) that, if the third party does not appear, the 30
application may be decided in the absence of the 31
third party. 32
s 35 41 s 36
Public Health Bill 2005
(3) If the third party appears at the time and place stated in the 1
notice, the third party is entitled to be heard on the 2
application. 3
(4) If the third party does not appear at the time and place stated 4
in the notice, the application may be decided in the absence of 5
the third party. 6
35 When magistrate's court may make cost recovery order 7
(1) A magistrates court may make a cost recovery order against 8
the third party if it is satisfied-- 9
(a) a public health order was given to a person; and 10
(b) the person has complied with the order and has paid, or 11
is liable to pay, an amount for the cost of complying 12
with the order; and 13
(c) the third party is responsible for part or all of the public 14
health risk the subject of the order; and 15
(d) a copy of the application for the cost recovery order has 16
been given to the third party. 17
(2) An order made by the court is a judgment in the court's civil 18
jurisdiction. 19
Part 4 Authorised prevention and 20
control programs 21
36 Chief executive may authorise prevention and control 22
program 23
(1) This section applies if the chief executive is satisfied there is, 24
or is likely to be, in an area-- 25
(a) an outbreak of a disease capable of transmission to 26
humans by designated pests; or 27
(b) a plague or infestation of designated pests. 28
s 37 42 s 38
Public Health Bill 2005
(2) The chief executive may authorise, in writing, a prevention 1
and control program for the area (the chief executive's 2
authorisation). 3
(3) However, subsection (4) applies if a prevention and control 4
program relates to the outbreak of-- 5
(a) an exotic disease under the Exotic Diseases in Animals 6
Act 1981; or 7
(b) a notifiable disease under the Stock Act 1915. 8
(4) Before authorising the prevention and control program, the 9
chief executive must consult the chief executive of the 10
department in which the relevant one of those Acts is 11
administered. 12
(5) Also, before authorising a prevention and control program the 13
chief executive must consult with the local government for the 14
area to which the program relates. 15
37 What chief executive's authorisation must state 16
The chief executive's authorisation must state the following-- 17
(a) the reasons for the prevention and control program; 18
(b) the designated pests to which the program relates; 19
(c) the area to which the program relates; 20
(d) the types of places within the area to which the program 21
relates; 22
(e) the measures to be taken under the program; 23
(f) the duration of the program; 24
(g) who is to undertake the program; 25
(h) any conditions about the way the program is to be 26
undertaken. 27
38 Publication of authorisation 28
(1) The chief executive must publish the chief executive's 29
authorisation at least 7 days before the start of the program, in 30
the area to which the program relates, by newspaper, radio or 31
television. 32
s 39 43 s 41
Public Health Bill 2005
(2) Failure to publish the authorisation does not affect the 1
authorisation. 2
39 Who may undertake prevention and control program 3
(1) For section 37(g) the chief executive may authorise-- 4
(a) 1 or more local governments, if the chief executive 5
officer of each local government agrees; or 6
(b) the State; or 7
(c) the State and 1 or more local governments, if the chief 8
executive officer of each local government agrees. 9
(2) A prevention and control program must be undertaken by 10
authorised persons. 11
40 Powers available for prevention and control program 12
(1) For undertaking a prevention and control program, an 13
authorised person may exercise only the powers under this 14
part and must not exercise the powers under chapter 9. 15
(2) Subsection (1) does not apply to the investigation by an 16
authorised person of the contravention of a provision of this 17
part. 18
41 Power of authorised persons to enter place for 19
prevention and control program 20
(1) For undertaking a prevention and control program, an 21
authorised person may enter a place in the area to which the 22
program relates at any reasonable time of the day or night, to 23
search for-- 24
(a) the designated pests to which the program relates; and 25
(b) an animal, structure, substance or other thing that-- 26
(i) is, or is likely to become, a breeding ground or 27
source of food for designated pests; or 28
(ii) harbours, or is likely to become something that 29
harbours, designated pests. 30
s 42 44 s 43
Public Health Bill 2005
(2) An authorised person may not enter a dwelling under 1
subsection (1) without the occupier's consent. 2
(3) For subsection (2), the following do not form part of a 3
dwelling-- 4
(a) a carport, other than a carport to which access is 5
restricted; 6
(b) the area of a verandah or deck to which access is not 7
restricted and no provision is made to restrict access; 8
(c) the area underneath the dwelling to which access is not 9
restricted and no provision is made to restrict access; 10
(d) any other external part of the dwelling, including, for 11
example, the dwelling's gutters; 12
(e) land around the dwelling. 13
42 Notification of entry 14
(1) This section applies if an authorised person enters a place 15
under section 41 and an occupier is present at the place. 16
(2) The authorised person must immediately after entering the 17
place-- 18
(a) produce the authorised person's identity card for the 19
occupier's inspection; and 20
(b) inform the occupier about the prevention and control 21
program. 22
43 Powers of authorised persons after entry 23
(1) This section applies if an authorised person enters a place 24
under section 41. 25
(2) The authorised person may exercise the following powers-- 26
(a) take reasonable steps to eradicate or prevent the 27
occurrence or recurrence of the designated pests, 28
including by the use of pesticides; 29
(b) take a thing, or a sample of or from a thing, at the place 30
for analysis or testing; 31
s 44 45 s 46
Public Health Bill 2005
(c) take into or onto the place any persons, equipment and 1
materials the authorised person reasonably requires for 2
exercising a power under this section; 3
(d) require a person at the place to give the authorised 4
person reasonable help to exercise the authorised 5
person's powers under paragraphs (a) to (c). 6
(3) When making a requirement mentioned in subsection (2)(d), 7
the authorised person must warn the person it is an offence to 8
fail to comply with the requirement, unless the person has a 9
reasonable excuse. 10
(4) Also, the authorised person may, under part 3, give a person a 11
public health order if-- 12
(a) the authorised person is appointed for part 3; and 13
(b) the public health order is for the prevention or control of 14
the designated pests to which the prevention and control 15
program relates. 16
44 Failure to help authorised person 17
A person required to give reasonable help under 18
section 43(2)(d) must comply with the requirement, unless the 19
person has a reasonable excuse. 20
Maximum penalty--50 penalty units. 21
45 Person must not interfere with steps taken 22
A person must not do anything that interferes with a step 23
taken by an authorised person under a prevention and control 24
program, unless the person has a reasonable excuse. 25
Maximum penalty--100 penalty units. 26
46 Notification of prevention and control program 27
An authorised person must, after exercising the authorised 28
person's powers under a prevention and control program at a 29
place-- 30
(a) if an occupier is present at the place, inform the 31
occupier-- 32
s 47 46 s 47
Public Health Bill 2005
(i) of any steps taken, or to be taken, under the 1
program to eradicate or prevent the occurrence or 2
recurrence of the designated pests; and 3
(ii) if steps have been taken, or are to be taken--that it 4
is an offence to do anything that interferes with a 5
step taken; or 6
(b) if an occupier is not present at the place, leave a notice 7
at the place in a reasonably secure way and in a 8
conspicuous position stating-- 9
(i) the purpose of the prevention and control program; 10
and 11
(ii) any steps taken, or to be taken, under the program 12
to eradicate or prevent the occurrence or 13
recurrence of designated pests; and 14
(iii) if steps have been taken, or are to be taken--that it 15
is an offence to do anything that interferes with a 16
step taken; and 17
(iv) the name and contact details of the authorised 18
person. 19
Part 5 Environmental health events 20
Division 1 Definition 21
47 Meaning of environmental health event 22
(1) An environmental health event is an event involving human 23
exposure to a substance or other thing that is known to have, 24
or is reasonably suspected of having, an adverse effect on 25
human health. 26
(2) Exposure may happen in connection with-- 27
(a) a single identifiable event; or 28
s 48 47 s 50
Public Health Bill 2005
1
Example of a single identifiable event--
2
an outbreak in a hospital of a new strain of a previously
3
controlled bacterial infection
(b) a situation that happens over a period of time. 4
5
Example of a situation that happens over a period of time--
6
the exposure to industrial fumes, over a period of years, of
7
persons in a populated area
Division 2 Establishment of environmental 8
health event register 9
48 Environmental health event register 10
(1) The chief executive may establish and keep a register (an 11
environmental health event register) for an environmental 12
health event if the chief executive considers the event has or 13
may have significant direct or indirect adverse effects on 14
human health. 15
(2) The chief executive may keep the register in a form the chief 16
executive considers appropriate, including an electronic form. 17
(3) Before establishing the register, the chief executive must 18
obtain and consider the views of a human research ethics 19
committee about the register. 20
49 Purposes of register 21
The purposes for establishing an environmental health event 22
register for an environmental health event are the following-- 23
(a) to help monitor and analyse any adverse effects on 24
human health resulting from the event; 25
(b) to provide information that may help in the prevention, 26
minimisation or treatment of any adverse effects on 27
human health resulting from the event or a similar future 28
event. 29
50 What register must contain 30
An environmental health event register must contain-- 31
s 51 48 s 52
Public Health Bill 2005
(a) the information that is necessary or convenient for 1
giving effect to the purposes of the register; and 2
(b) any information prescribed under a regulation. 3
Division 3 Notifications about environmental 4
health event register 5
51 Notification of establishment of register 6
(1) As a soon as practicable after establishing an environmental 7
health event register the chief executive must notify the 8
register's establishment in the gazette. 9
(2) The notification must include the following-- 10
(a) a description of the environmental health event; 11
(b) a description of the substance or other thing relevant to 12
the event known to have, or suspected of having, an 13
adverse effect on human health; 14
(c) the type of human exposure to the substance or thing as 15
a result of the event; 16
(d) the geographic area of human exposure to the substance 17
or thing as a result of the event; 18
(e) contact details within the department where further 19
details about the register may be obtained. 20
52 Notification inviting inclusion in register 21
(1) As soon as practicable after notifying the establishment of an 22
environmental health event register for an environmental 23
health event the chief executive must-- 24
(a) notify all persons the chief executive considers may 25
have been exposed to a substance or thing because of the 26
event; and 27
(b) if satisfied a person may have been exposed to a 28
substance or thing as a result of the event, offer the 29
person the opportunity of having the person's details 30
included on the register. 31
s 53 49 s 55
Public Health Bill 2005
(2) Notification under subsection (1)(a) may be made in the way 1
the chief executive considers appropriate, including, for 2
example, by personal notification or by way of newspaper, 3
radio or television. 4
Division 4 Confidentiality and use of 5
information supplied for 6
environmental health event register 7
53 Definitions for div 4 8
In this division-- 9
confidential information means information that has become 10
known to a relevant person in the course of performing the 11
relevant person's functions for this part. 12
information includes a document. 13
relevant person means the following-- 14
(a) a person who is, or was, the chief executive; 15
(b) a person who is, or was, involved in the administration 16
or enforcement of this part, including, for example, a 17
health service employee or a public service employee. 18
54 Restriction on inconsistent use of information 19
A relevant person must not use confidential information for a 20
purpose inconsistent with the purposes of the relevant 21
environmental health event register. 22
Maximum penalty--50 penalty units. 23
55 Confidentiality of information 24
(1) A relevant person must not, whether directly or indirectly, 25
disclose confidential information. 26
Maximum penalty--50 penalty units. 27
(2) However, subsection (1) does not apply if-- 28
(a) the confidential information is disclosed-- 29
s 56 50 s 57
Public Health Bill 2005
(i) in the performance of functions under this Act; or 1
(ii) with the written consent of the person to whom the 2
information relates; or 3
(iii) to the person to whom the information relates; or 4
(iv) in a form that could not identify any person; or 5
(b) the disclosure of the confidential information is 6
authorised under an Act or another law. 7
(3) The Health Services Act 1991, section 62A does not apply to a 8
relevant person in relation to confidential information. 9
10
Note--
11
As a specific offence is created under subsection (1), subsection (3)
12
provides that the more general provision in the Health Services Act
13
1991, section 62A (Confidentiality) does not apply.
56 Release of information for an investigation under the 14
Coroners Act 15
(1) This section applies if a coroner is investigating the death of a 16
person. 17
(2) The chief executive may give to the coroner, or to a police 18
officer helping the coroner to investigate the death, 19
information from the environmental health event register that 20
is relevant to the person's death. 21
(3) The coroner or police officer to whom the information is 22
given and anyone else to whom the information is 23
subsequently given under this subsection must not use or 24
disclose the information other than-- 25
(a) for a purpose of the investigation; or 26
(b) as otherwise required or permitted under this or another 27
Act. 28
57 Use of environmental health event register 29
(1) The Minister may, by gazette notice, declare that information 30
contained in an environmental health event register is 31
protected information. 32
s 58 51 s 58
Public Health Bill 2005
(2) The Minister may make a declaration under subsection (1) 1
only if the Minister reasonably believes it is in the public 2
interest to do so. 3
(3) If the Minister makes a declaration under subsection (1), the 4
protected information-- 5
(a) can not be accessed under any order, whether of a 6
judicial or administrative nature, other than an order for 7
the purpose of this Act; and 8
(b) is not admissible in any proceeding, other than a 9
proceeding under this Act. 10
(4) A person can not be compelled to produce the protected 11
information, or to give evidence relating to the protected 12
information, in any proceeding, other than a proceeding under 13
this Act. 14
(5) Subsections (3)(b) and (4) do not apply if the protected 15
information is admitted or produced, or evidence relating to 16
the information is given, with the consent of the person to 17
whom the information relates. 18
(6) Nothing in this section limits-- 19
(a) the giving, use or disclosure of information under 20
section 56; or 21
(b) access to protected information by the chief executive or 22
a person authorised by the chief executive. 23
(7) In this section-- 24
order includes a direction or other process. 25
Part 6 Lead 26
58 Lead in buildings must not be accessible to children 27
(1) A person must not use or permit the use of lead in, or for the 28
purposes of, constructing, erecting, altering, extending, 29
improving, renovating or repairing a building or part of a 30
building if the lead is, or may be, easily accessible to children. 31
s 59 52 s 60
Public Health Bill 2005
Maximum penalty--100 penalty units. 1
(2) The owner of a building, or part of a building, must not 2
knowingly allow lead to remain in or on the building or part of 3
the building if the lead is, or may be, easily accessible to 4
children. 5
Maximum penalty--100 penalty units. 6
59 Lead must not be used in water collection 7
(1) A person must not use, or permit the use of, in a building any 8
of the following things if the thing has in or on it a substance 9
that contains lead-- 10
(a) a roof, guttering, downpipe or other thing for carrying 11
water to a tank or other receptacle for potable water; 12
(b) a tank or other receptacle for potable water. 13
Maximum penalty--100 penalty units. 14
(2) The owner of a building must not knowingly allow any of the 15
following to remain in the building if they have in or on them 16
a substance that contains lead-- 17
(a) a roof, guttering, downpipe or other thing for carrying 18
water to a tank or other receptacle for potable water; 19
(b) a tank or other receptacle for potable water. 20
Maximum penalty--100 penalty units. 21
Part 7 Paint 22
60 Person must comply with standard 23
(1) A person manufacturing, selling, supplying or using paint 24
must comply with the standard. 25
Maximum penalty--100 penalty units. 26
(2) In this section-- 27
prescribed means prescribed under a regulation. 28
s 61 53 s 61
Public Health Bill 2005
standard means the prescribed part of the Standard for the 1
Uniform Scheduling of Drugs and Poisons dealing with paint, 2
compiled by the Australian Health Ministers' Advisory 3
Council and published by the Commonwealth. 4
Part 8 Regulations about public 5
health risks 6
61 Regulations about public health risks 7
(1) A regulation may be made for this chapter about public health 8
risks including-- 9
(a) standards for water quality in residential and 10
non-residential swimming pools, spas, hydrotherapy 11
pools, waterslides and recreational water parks, for 12
human use; and 13
(b) measures to control designated pests, including-- 14
(i) standards for the proofing of any building against 15
designated pests; and 16
(ii) procedures to be followed to prevent the breeding 17
of, to eliminate any refuge or food source for, or to 18
eradicate, designated pests; and 19
(iii) the imposition of a permit system for keeping 20
designated pests; and 21
(c) measures to prevent and control public health risks. 22
(2) A regulation made under this section must state whether the 23
regulation is to be administered and enforced by-- 24
(a) the State only; or 25
(b) local governments only. 26
(3) A regulation made under this section does not bind the State 27
except to the extent prescribed by the regulation. 28
s 62 54 s 62
Public Health Bill 2005
Chapter 3 Notifiable conditions 1
Part 1 Definitions, purpose of chapter 2
and guiding principles 3
62 Definitions for ch 3 4
In this chapter-- 5
anonymity code means a code of letters, numbers, or letters 6
and numbers used to designate a particular person. 7
clinical diagnosis notifiable condition means a notifiable 8
condition-- 9
(a) a diagnosis of which can be made on the basis of clinical 10
evidence, including clinical history, signs and 11
symptoms; and 12
(b) prescribed under a regulation as a clinical diagnosis 13
notifiable condition. 14
controlled notifiable conditions order see section 116(1). 15
Notifiable Conditions Register see section 67. 16
pathological diagnosis notifiable condition means a 17
notifiable condition-- 18
(a) a diagnosis of which can be made on the basis of a 19
pathological examination of a specimen of human 20
origin; and 21
(b) prescribed under a regulation as a pathological diagnosis 22
notifiable condition. 23
pathology request notifiable condition means a notifiable 24
condition prescribed under a regulation as a pathology request 25
notifiable condition. 26
provisional diagnosis notifiable condition means a notifiable 27
condition-- 28
(a) a provisional diagnosis of which can be made on the 29
basis of clinical evidence, including clinical history, 30
signs and symptoms; and 31
s 63 55 s 65
Public Health Bill 2005
(b) prescribed under a regulation as a provisional diagnosis 1
notifiable condition. 2
register means the Notifiable Conditions Register. 3
63 Meaning of controlled notifiable condition 4
(1) A controlled notifiable condition is a notifiable condition 5
prescribed under a regulation as a controlled notifiable 6
condition. 7
(2) However, the Minister must not recommend to the Governor 8
in Council the making of a regulation under subsection (1) 9
unless the Minister is satisfied-- 10
(a) the condition may have a substantial impact on public 11
health; and 12
(b) the ordinary conduct of a person with the condition is 13
likely to result in the transmission of the condition to 14
someone else; and 15
(c) the transmission of the condition will result in, or is 16
likely to result in, long term or serious deleterious 17
consequences for the health of the person to whom the 18
condition is transmitted. 19
64 Meaning of notifiable condition 20
(1) A notifiable condition is a medical condition prescribed 21
under a regulation as a notifiable condition. 22
(2) However, the Minister must not recommend to the Governor 23
in Council the making of a regulation under subsection (1) 24
unless the Minister is satisfied the condition is a significant 25
risk to public health. 26
65 Purpose of ch 3 27
The purpose of this chapter is to protect persons from 28
notifiable conditions through mechanisms that provide an 29
appropriate balance between the health of the public and the 30
right of individuals to liberty and privacy. 31
s 66 56 s 66
Public Health Bill 2005
66 Guiding principles for ch 3 1
(1) The principles intended to guide the achievement of this 2
chapter's purpose are the following-- 3
(a) the spread of notifiable conditions should be prevented 4
or minimised without unnecessarily infringing the 5
liberty or privacy of individuals; 6
(b) a person at risk of contracting a notifiable condition 7
should take all reasonable precautions to avoid 8
contracting or being infected with the condition; 9
(c) a person who suspects he or she may have a notifiable 10
condition should ascertain-- 11
(i) whether he or she has the condition; and 12
(ii) what precautions should be taken to prevent others 13
from contracting the condition. 14
(2) For subsection (1), a person at risk of contracting, who 15
suspects he or she may have, or who has, a notifiable 16
condition has a right-- 17
(a) to be protected from unlawful discrimination; and 18
(b) to have his or her privacy respected; and 19
(c) to make informed decisions about his or her medical 20
treatment. 21
(3) Nothing in this section limits the Anti-Discrimination Act 22
1991, section 107.7 23
7 Anti-Discrimination Act 1991, section 107--
107 Public health
A person may do an act that is reasonably necessary to protect public health.
s 67 57 s 68
Public Health Bill 2005
Part 2 Notifiable conditions register 1
Division 1 Establishment and purpose of 2
notifiable conditions register 3
67 Register 4
(1) The chief executive must establish and keep a register of the 5
persons for whom notifications have been given to the chief 6
executive under this part. 7
(2) The register must include details of deceased persons for 8
whom notifications have been given. 9
(3) The chief executive must keep the register in a form the chief 10
executive considers appropriate, including an electronic form. 11
(4) The register is to be known as the Notifiable Conditions 12
Register. 13
68 Purposes of register 14
The purposes for establishing the register are as follows-- 15
(a) to supply data to help in-- 16
(i) monitoring and analysing the incidence and 17
patterns of notifiable conditions; or 18
(ii) studying the efficacy of the management and 19
treatment of notifiable conditions; or 20
(iii) increasing public awareness of notifiable 21
conditions; 22
(b) to identify outbreaks of notifiable conditions so the 23
Commonwealth, the State or a local government can 24
take steps to protect public health; 25
(c) to help in the identification of persons who have, or may 26
have, contracted a notifiable condition so that-- 27
(i) the Commonwealth, the State or a local 28
government can take action to prevent or minimise 29
transmission of the notifiable condition; or 30
s 69 58 s 71
Public Health Bill 2005
(ii) the persons may be medically examined and 1
undergo treatment for the notifiable condition; 2
(d) to help in the planning of services and strategies to 3
prevent or minimise the transmission of notifiable 4
conditions. 5
Division 2 Notices about notifiable conditions 6
69 Application of div 2 7
The requirement to notify or give information under this 8
division relating to a person applies also in relation to a 9
deceased person. 10
70 When a doctor must notify 11
(1) A doctor must, under subsection (2), notify the chief 12
executive if an examination of a person by the doctor 13
indicates that the person-- 14
(a) has or had a clinical diagnosis notifiable condition; or 15
(b) has or had a provisional diagnosis notifiable condition. 16
Maximum penalty--20 penalty units. 17
(2) The notice must-- 18
(a) comply with the requirements prescribed under a 19
regulation; and 20
(b) be in the approved form. 21
(3) Subsection (1) does not apply if the examination was carried 22
out in a hospital. 23
71 When the person in charge of hospital must notify 24
(1) A person in charge of a hospital must, under subsection (2), 25
unless the person in charge has a reasonable excuse, notify the 26
chief executive if an examination of a person by a doctor in 27
the hospital indicates the person-- 28
(a) has or had a clinical diagnosis notifiable condition; or 29
s 72 59 s 73
Public Health Bill 2005
(b) has or had a provisional diagnosis notifiable condition. 1
Maximum penalty--20 penalty units. 2
(2) A notice under subsection (1) must-- 3
(a) comply with the requirements prescribed under a 4
regulation; and 5
(b) be in the approved form. 6
72 When the director of a pathology laboratory must notify a 7
pathological diagnosis notifiable condition 8
(1) The director of a pathology laboratory must, under 9
subsection (2), unless the director has a reasonable excuse, 10
notify the chief executive if a pathological examination of a 11
specimen of human origin in the laboratory indicates that the 12
person from whom the specimen was taken has or had a 13
pathological diagnosis notifiable condition. 14
Maximum penalty--20 penalty units. 15
(2) The notice must-- 16
(a) comply with the requirements prescribed under a 17
regulation; and 18
(b) include the name of the doctor who referred the person's 19
specimen for pathological examination; and 20
(c) be in the approved form. 21
73 When the director of a pathology laboratory must notify 22
pathology request notifiable condition 23
(1) The director of a pathology laboratory must, under 24
subsection (2), unless the director has a reasonable excuse, 25
notify the chief executive if the laboratory receives a request 26
for a pathological examination of a specimen of human origin 27
for a pathology request notifiable condition. 28
Maximum penalty--20 penalty units. 29
(2) The notice must-- 30
(a) comply with the requirements prescribed under a 31
regulation; and 32
s 74 60 s 75
Public Health Bill 2005
(b) include the name of the doctor who referred the person's 1
specimen for pathological examination; and 2
(c) be in the approved form. 3
74 Anonymity coding 4
A person required to notify the chief executive under this 5
division may give the notice using an anonymity code. 6
75 Further information may be required 7
(1) This section applies if the chief executive considers further 8
information is required in relation to a notice given under this 9
division-- 10
(a) to ensure the accuracy, completeness or integrity of the 11
register; or 12
(b) to prevent or minimise the spread of a notifiable 13
condition. 14
(2) The chief executive may ask the following persons to give 15
stated information within a stated time to the chief 16
executive-- 17
(a) the person who gave the notice; 18
(b) the doctor mentioned in a notice under section 72 or 73 19
as the doctor who referred the specimen for pathological 20
examination; 21
(c) another doctor or person who is involved in the 22
treatment of the person for whom a notice was given 23
under this division. 24
(3) If a person refuses or fails to comply with a requirement under 25
subsection (2), the chief executive may give the person a 26
notice requiring the person to give the information stated in 27
the notice to the chief executive within the reasonable time 28
stated in the notice. 29
(4) A notice under subsection (3) may require a person to give the 30
full name of, and other identifying information about, a 31
person for whom an anonymity code has been used. 32
s 76 61 s 76
Public Health Bill 2005
(5) The notice must warn the person that failure to comply with 1
the notice is an offence under this Act. 2
(6) A person given a notice under subsection (3) must comply 3
with the notice, unless the person has a reasonable excuse. 4
Maximum penalty--20 penalty units. 5
(7) A person who gives information requested under this section 6
who would otherwise be required to maintain confidentiality 7
about the information given under an Act,8 oath, rule of law or 8
practice-- 9
(a) does not contravene the Act, oath, rule of law or practice 10
by giving the information; and 11
(b) is not liable to disciplinary action for giving the 12
information. 13
(8) Also, merely because the person gives the information, the 14
person can not be held to have-- 15
(a) breached any code of professional etiquette or ethics; or 16
(b) departed from accepted standards of professional 17
conduct. 18
Division 3 Confidentiality of information and 19
use of information supplied for 20
notifiable conditions register 21
76 Definitions for div 3 22
In this division-- 23
confidential information means information that has become 24
known to a relevant person in the course of performing the 25
relevant person's functions under this part or the repealed 26
provisions. 27
entity of the State includes a department and an entity 28
established under an Act for a public purpose. 29
information includes a document. 30
8 See for example the Health Services Act 1991, section 62A.
s 77 62 s 79
Public Health Bill 2005
relevant person means the following-- 1
(a) a person who is, or was, the chief executive; 2
(b) a person who is, or was, involved in the administration 3
or enforcement of this part, including, for example, a 4
health service employee or a public service employee; 5
(c) a person who was involved in the administration or 6
enforcement of the repealed provisions. 7
repealed provisions means the Health Act 1937, part 3, 8
division 2. 9
77 Confidentiality of information 10
(1) A relevant person must not, whether directly or indirectly, 11
disclose confidential information. 12
Maximum penalty--50 penalty units. 13
(2) The Health Services Act 1991, section 62A, does not apply to 14
a relevant person in relation to confidential information. 15
78 Disclosure under an Act or another law 16
Section 77(1) does not apply if the disclosure of the 17
confidential information by a relevant person is authorised 18
under an Act or another law. 19
79 Disclosure under Act or with written consent etc. 20
Section 77(1) does not apply if the confidential information is 21
disclosed by a relevant person-- 22
(a) in the performance of functions under this Act; or 23
(b) with the written consent of the person to whom the 24
information relates; or 25
(c) to the person to whom the information relates; or 26
(d) in a form that could not identify any person. 27
s 80 63 s 81
Public Health Bill 2005
80 Disclosure about notifiable conditions and contact 1
tracing 2
Section 77(1) does not apply if the disclosure of the 3
confidential information by a relevant person is authorised by 4
the chief executive for the purposes of-- 5
(a) monitoring the incidence and patterns of notifiable 6
conditions; or 7
(b) identifying the source of outbreaks of notifiable 8
conditions; or 9
(c) identifying persons who may transmit a notifiable 10
condition to others, to prevent or minimise the 11
transmission of the condition; or 12
(d) identifying persons who may have contracted, or may be 13
at risk of contracting, a notifiable condition, to prevent 14
or minimise the transmission of the condition; or 15
(e) contact tracing by a contact tracing officer. 16
81 Disclosure of confidential information in the public 17
interest 18
(1) Section 77(1) does not apply to the disclosure of confidential 19
information by a relevant person if-- 20
(a) the chief executive believes, on reasonable grounds, the 21
disclosure is in the public interest; and 22
(b) the chief executive has, in writing, authorised the 23
disclosure. 24
(2) The department's annual report for a financial year under the 25
Financial Administration and Audit Act 1977 must include 26
details of-- 27
(a) the nature of any confidential information disclosed 28
under subsection (1) during the financial year; and 29
(b) the purpose for which the confidential information was 30
disclosed. 31
(3) However, the details mentioned in subsection (2)(a) must not 32
identify, directly or indirectly, the person to whom the 33
confidential information relates. 34
s 82 64 s 84
Public Health Bill 2005
(4) Despite the Public Service Act 1996, section 57, the chief 1
executive may not delegate the chief executive's power under 2
subsection (1). 3
82 Disclosure for data collection and public health 4
monitoring 5
Section 77(1) does not apply to the disclosure of confidential 6
information by a relevant person if-- 7
(a) the disclosure is to an employee of the department or a 8
person approved by the chief executive who is 9
contracted by the department to analyse, monitor or 10
evaluate public health; and 11
(b) the disclosure and receipt of the confidential 12
information is for analysing, monitoring or evaluating 13
public health; and 14
(c) the employee of the department or other person is 15
authorised in writing by the chief executive to receive 16
the confidential information. 17
83 Disclosure for purposes relating to health services 18
Section 77(1) does not apply to the disclosure of confidential 19
information by a relevant person if-- 20
(a) the disclosure is to an employee of the department or a 21
person approved by the chief executive who is 22
contracted by the department to evaluate, manage, 23
monitor or plan health services; or 24
(b) the disclosure is to an entity prescribed under a 25
regulation for this paragraph for evaluating, managing, 26
monitoring or planning health services as stated in the 27
regulation. 28
84 Disclosure to Commonwealth, another State or 29
Commonwealth or State entity 30
(1) Section 77(1) does not apply to the disclosure of confidential 31
information by the chief executive if-- 32
s 85 65 s 85
Public Health Bill 2005
(a) the disclosure is to the Commonwealth or another State, 1
or an entity of the Commonwealth or another State and 2
the disclosure-- 3
(i) is required or allowed under an agreement-- 4
(A) between Queensland and the 5
Commonwealth, State or entity; and 6
(B) prescribed under a regulation for this 7
paragraph; and 8
(ii) is considered by the chief executive to be in the 9
public interest; or 10
(b) the disclosure is to an entity of the State and the 11
disclosure-- 12
(i) is required or allowed under an agreement-- 13
(A) between the chief executive and the entity; 14
and 15
(B) prescribed under a regulation for this 16
paragraph; and 17
(ii) is considered by the chief executive to be in the 18
public interest. 19
(2) The Commonwealth, a State or entity that receives 20
confidential information under an agreement under 21
subsection (1)-- 22
(a) must not give it to anyone else unless allowed to do so 23
by the agreement or in writing by the chief executive; 24
and 25
(b) must ensure the confidential information is used only for 26
the purpose for which it was given under the agreement. 27
85 Disclosure to allow chief executive to act 28
Section 77(1) does not apply if the disclosure of the 29
confidential information by a relevant person is to the chief 30
executive to allow the chief executive to act under this 31
division. 32
s 86 66 s 87
Public Health Bill 2005
86 Release of information for an investigation under the 1
Coroners Act 2
(1) This section applies if a coroner is investigating the death of a 3
person. 4
(2) The chief executive may give to the coroner, or to a police 5
officer helping the coroner to investigate the death, 6
information from the register that is relevant to the person's 7
death. 8
(3) The coroner or police officer to whom the information is 9
given and anyone else to whom the information is 10
subsequently given under this subsection must not use or 11
disclose the information other than-- 12
(a) for a purpose of the investigation; or 13
(b) as otherwise required or permitted under this or another 14
Act. 15
87 Use of notifiable conditions register 16
(1) Information in the register-- 17
(a) can not be accessed under any order, whether of a 18
judicial or administrative nature, other than an order for 19
the purpose of this Act; and 20
(b) is not admissible in any proceeding, other than a 21
proceeding under this Act. 22
(2) A person can not be compelled to produce the information, or 23
to give evidence relating to the information, in any 24
proceeding, other than a proceeding under this Act. 25
(3) Subsections (1)(b) and (2) do not apply if the information is 26
admitted or produced, or evidence relating to the information 27
is given, with the consent of the person to whom the 28
information relates. 29
(4) Nothing in this section limits-- 30
(a) the giving, use or disclosure of information under 31
section 86; or 32
(b) the release of information by the chief executive under 33
section 88 or the use of that information in a proceeding 34
for a serious offence under that section; or 35
s 88 67 s 89
Public Health Bill 2005
(c) access to information by the chief executive or a person 1
authorised to have access by the chief executive. 2
(5) In this section-- 3
order includes a direction or other process. 4
88 Access to information in register for serious offence 5
(1) This section applies if information in the register is required 6
by an entity of the State to investigate a serious offence. 7
(2) The chief executive may release the information to the entity 8
under an agreement under section 84(1)(b) between the chief 9
executive and the entity. 10
(3) In this section-- 11
serious offence means an offence under-- 12
(a) the Prostitution Act 1999, section 90;9 or 13
(b) the Criminal Code, section 317.10 14
Part 3 Contact tracing 15
Division 1 Contact tracing officers 16
89 Functions of contact tracing officer 17
A contact tracing officer has the following functions-- 18
(a) identifying persons who may have contracted a 19
notifiable condition; 20
(b) identifying persons who may transmit a notifiable 21
condition to others; 22
9 Prostitution Act 1999, section 90 (Prostitute working while infective with a disease)
10 Criminal Code, section 317 (Acts intended to cause grievous bodily harm and other
malicious acts)
s 90 68 s 90
Public Health Bill 2005
(c) informing persons who may have contracted a notifiable 1
condition so that they may seek medical examination 2
and treatment; 3
(d) providing information to persons who may have 4
contracted a notifiable condition to prevent or minimise 5
transmission of the notifiable condition; 6
(e) obtaining information about the following to prevent or 7
minimise transmission of a notifiable condition-- 8
(i) how a person has, or may have, been exposed to 9
the notifiable condition; 10
(ii) how a person has, or may have, exposed other 11
persons to the notifiable condition. 12
90 Appointment of contact tracing officer by chief executive 13
(1) The chief executive may appoint any of the following persons 14
as a contact tracing officer for a notifiable condition-- 15
(a) a public service officer or employee; 16
(b) a health service employee; 17
(c) a person prescribed under a regulation. 18
(2) Also, the chief executive may appoint, as a contact tracing 19
officer for a notifiable condition, a person employed by a local 20
government. 21
(3) An appointment under subsection (2) is for the local 22
government's area and any other local government area stated 23
in the appointment. 24
(4) For an appointment under subsection (2), the chief 25
executive-- 26
(a) must, before appointing a person, obtain agreement to 27
the appointment from the chief executive officer of the 28
local government that employs the person; and 29
(b) must state, in the instrument by which the appointment 30
is made, every notifiable condition to which the 31
appointment applies. 32
s 91 69 s 93
Public Health Bill 2005
(5) For exercising his or her powers under this part, a contact 1
tracing officer appointed under subsection (1) or (2) is subject 2
to the directions of the chief executive. 3
91 Qualifications for appointment 4
The chief executive may appoint a person as a contact tracing 5
officer only if-- 6
(a) the chief executive is satisfied the person is qualified for 7
appointment because the person has the necessary 8
expertise or experience; and 9
(b) the person has the competencies, if any, prescribed 10
under a regulation for this paragraph. 11
92 Appointment conditions and limit on powers 12
(1) A contact tracing officer holds office on the conditions stated 13
in-- 14
(a) the instrument under which the contact tracing officer is 15
appointed; or 16
(b) a signed notice given to the contact tracing officer; or 17
(c) a regulation. 18
(2) The instrument of appointment or a signed notice given to a 19
contact tracing officer or a regulation may limit the contact 20
tracing officer's powers under this part. 21
(3) In this section-- 22
signed notice means a notice signed by the chief executive. 23
93 Issue of identity card 24
(1) The chief executive must issue an identity card to each contact 25
tracing officer. 26
(2) The identity card must-- 27
(a) contain a recent photo of the contact tracing officer; and 28
(b) contain a copy of the contact tracing officer's signature; 29
and 30
s 94 70 s 96
Public Health Bill 2005
(c) identify the person as a contact tracing officer under this 1
Act; and 2
(d) state an expiry date for the card. 3
(3) This section does not prevent the issue of a single identity 4
card to a person for this Act and for other purposes. 5
94 Production or display of identity card 6
(1) In exercising a power under this part in relation to a person, a 7
contact tracing officer must-- 8
(a) produce the contact tracing officer's identity card for the 9
person's inspection before exercising the power; or 10
(b) have the identity card displayed so it is clearly visible to 11
the person when exercising the power. 12
(2) However, if it is not practicable to comply with subsection (1), 13
the contact tracing officer must produce the identity card for 14
the person's inspection at the first reasonable opportunity. 15
95 When contact tracing officer ceases to hold office 16
(1) A contact tracing officer ceases to hold office if any of the 17
following happens-- 18
(a) the term of office stated in a condition of office ends; 19
(b) under another condition of office, the contact tracing 20
officer ceases to hold office; 21
(c) the contact tracing officer's resignation under section 96 22
takes effect. 23
(2) Subsection (1) does not limit the ways a contact tracing officer 24
may cease to hold office. 25
(3) In this section-- 26
condition of office means a condition on which the contact 27
tracing officer holds office. 28
96 Resignation 29
A contact tracing officer may resign by signed notice given to 30
the chief executive. 31
s 97 71 s 99
Public Health Bill 2005
97 Return of identity card 1
A person who ceases to be a contact tracing officer must, 2
unless the person has a reasonable excuse, return the contact 3
tracing officer's identity card to the chief executive within 4
21 days after ceasing to be a contact tracing officer. 5
Maximum penalty--20 penalty units. 6
Division 2 Obtaining contact information 7
98 Definitions for div 2 8
In this division-- 9
business contact information see section 101(2). 10
business contact information requirement see 11
section 101(5). 12
contact information see sections 99(2) and 103(2). 13
contact information requirement see section 99(5). 14
99 Power to require contact information 15
(1) This section applies if a contact tracing officer-- 16
(a) reasonably suspects that a person -- 17
(i) has a notifiable condition; or 18
(ii) has been in contact with a person who has, or may 19
have, a notifiable condition; and 20
(b) has explained to the person that information is needed to 21
attempt to prevent or minimise the spread of the 22
notifiable condition. 23
(2) The contact tracing officer may ask the person to give the 24
contact tracing officer all or any of the following information 25
(the contact information) within a stated time-- 26
(a) the person's name and residential address or another 27
address where the person may be contacted; 28
(b) the name, address, whereabouts and telephone number 29
of any other person-- 30
s 99 72 s 99
Public Health Bill 2005
(i) who may have transmitted the notifiable condition 1
to the person; or 2
(ii) to whom the person may have transmitted the 3
notifiable condition; 4
(c) information about the circumstances in which the 5
person may have been exposed to the notifiable 6
condition or may have exposed another person to the 7
notifiable condition. 8
(3) The contact tracing officer may ask the person to give the 9
contact tracing officer evidence of the correctness of the 10
contact information, within a stated reasonable time, if the 11
contact tracing officer reasonably suspects the stated contact 12
information to be false. 13
(4) If the person fails to comply with a request under subsection 14
(2) or (3), the contact tracing officer may give the person a 15
notice that-- 16
(a) states the contact information the person is required to 17
provide; and 18
(b) states the information is needed to attempt to prevent or 19
minimise the spread of the notifiable condition; and 20
(c) requires the person to give the contact tracing officer the 21
contact information within a stated reasonable time; and 22
(d) warns the person it is an offence to fail to give the 23
contact information, unless the person has a reasonable 24
excuse; and 25
(e) tells the person the effect of section 100(2). 26
(5) A requirement under subsection (4) is a contact information 27
requirement. 28
(6) A person asked or required by a contact tracing officer to give 29
contact information or evidence of the correctness of contact 30
information must not state anything to the officer that the 31
person knows is false or misleading in a material particular. 32
Maximum penalty for subsection (6)--50 penalty units. 33
s 100 73 s 101
Public Health Bill 2005
100 Failure to give contact information 1
(1) A person of whom a contact information requirement is made 2
must comply with the requirement, unless the person has a 3
reasonable excuse. 4
Maximum penalty--50 penalty units. 5
(2) It is not a reasonable excuse to fail to comply with the contact 6
information requirement that complying with the requirement 7
might tend to incriminate the person. 8
(3) However, the following is not admissible in evidence against 9
an individual in any civil or criminal proceeding-- 10
(a) any information given by the individual in complying 11
with the contact information requirement or a 12
requirement under section 99(2) or (3) (primary 13
evidence); 14
(b) any information, or document or other thing, obtained as 15
a direct or indirect result of primary evidence (derived 16
evidence). 17
(4) Subsection (3) does not prevent primary evidence or derived 18
evidence being admitted in evidence in-- 19
(a) criminal proceedings about the falsity or misleading 20
nature of the primary evidence; or 21
(b) proceedings for obtaining a controlled notifiable 22
conditions order under part 5. 23
(5) Also, subsection (3) does not prevent derived evidence being 24
admitted in evidence in criminal proceedings about a 25
controlled notifiable condition. 26
101 Power to require business contact information 27
(1) This section applies if a contact tracing officer-- 28
(a) reasonably suspects that a person may have contracted a 29
notifiable condition while receiving or providing goods 30
or services from or to a business; and 31
(b) has explained to an owner of the business, or the person 32
apparently in charge of the business, that information is 33
s 101 74 s 101
Public Health Bill 2005
needed to prevent or minimise the spread of the 1
notifiable condition. 2
(2) The contact tracing officer may ask the owner or person 3
apparently in charge to give the contact tracing officer all or 4
any of the following information (the business contact 5
information) within a stated reasonable time-- 6
(a) the owner's or person's name and residential address or 7
another address where the owner or person may be 8
contacted; 9
(b) the name, address, whereabouts and telephone number 10
of any person who received or provided goods or 11
services from or to the business within a stated period; 12
(c) information about the circumstances in which a person 13
who received or provided goods or services from or to 14
the business may have been exposed to the notifiable 15
condition or may have exposed another person to the 16
notifiable condition. 17
(3) The contact tracing officer may ask the owner or person 18
apparently in charge to give the contact tracing officer 19
evidence of the correctness of the business contact 20
information within a stated reasonable time if the contact 21
tracing officer reasonably suspects the stated business contact 22
information to be false. 23
(4) If a person fails to comply with a request under subsection (2) 24
or (3), the contact tracing officer may give the person a notice 25
that-- 26
(a) states the business contact information the person is 27
required to provide; and 28
(b) states the business contact information is needed to 29
attempt to prevent or minimise the spread of the 30
notifiable condition; and 31
(c) requires the person to give the contact tracing officer the 32
business contact information within a stated reasonable 33
time; and 34
(d) warns the person it is an offence to fail to give the 35
business contact information, unless the owner or person 36
has a reasonable excuse; and 37
s 102 75 s 102
Public Health Bill 2005
(e) tells the person the effect of section 102(2). 1
(5) A requirement under subsection (4) is a business contact 2
information requirement. 3
(6) A person asked or required by a contact tracing officer to give 4
business contact information or evidence of the correctness of 5
business contact information must not state anything to the 6
officer that the person knows is false or misleading in a 7
material particular. 8
Maximum penalty--50 penalty units. 9
(7) In this section-- 10
business includes any organisation whether or not the 11
organisation operates to make a profit. 12
13
Examples--
14
a sporting club or charitable organisation
102 Failure to give business contact information 15
(1) A person of whom a business contact information requirement 16
is made must comply with the requirement, unless the person 17
has a reasonable excuse. 18
Maximum penalty--50 penalty units. 19
(2) It is not a reasonable excuse to fail to comply with the 20
requirement that complying with the requirement might tend 21
to incriminate the person. 22
(3) However, the following is not admissible in evidence against 23
an individual in any civil or criminal proceeding-- 24
(a) any information given by the individual in complying 25
with the business contact information requirement or a 26
requirement under section 101(2) or (3) (primary 27
evidence); 28
(b) any information, or document or other thing, obtained as 29
a direct or indirect result of primary evidence (derived 30
evidence). 31
(4) Subsection (3) does not prevent primary evidence or derived 32
evidence being admitted in evidence in-- 33
s 103 76 s 103
Public Health Bill 2005
(a) criminal proceedings about the falsity or misleading 1
nature of the primary evidence; or 2
(b) proceedings for obtaining a controlled notifiable 3
conditions order under part 5. 4
(5) Also, subsection (3) does not prevent derived evidence being 5
admitted in evidence in criminal proceedings about a 6
controlled notifiable condition. 7
103 Obtaining contact information from health information 8
held by the department 9
(1) Subsection (2) applies if a contact tracing officer-- 10
(a) reasonably suspects that a person has a notifiable 11
condition; and 12
(b) has been unable to locate and question the person 13
despite reasonable attempts to do so. 14
(2) The contact tracing officer may inspect health information 15
held by the department to obtain the following information 16
(also the contact information)11-- 17
(a) the person's name and residential address or another 18
address where the person may be contacted; 19
(b) the name and address, whereabouts and telephone 20
number of another person-- 21
(i) who may have transmitted the notifiable condition 22
to the person; or 23
(ii) to whom the person may have transmitted the 24
notifiable condition; 25
(c) information about the circumstances in which the 26
person may have been exposed to the notifiable 27
condition or may have exposed others to the notifiable 28
condition. 29
(3) This section applies despite any other provision of this Act or 30
any provision of another law that deals with confidentiality, 31
11 See also section 99(2).
s 104 77 s 105
Public Health Bill 2005
including, for example, the Health Services Act 1991, 1
section 62A.12 2
Division 3 Confidentiality of information and 3
use of information supplied for 4
contact tracing 5
104 Definitions for div 3 6
In this division-- 7
confidential information means information that has become 8
known to a relevant person in the course of performing the 9
relevant person's functions under this part or the repealed 10
provisions. 11
information includes a document. 12
relevant person means the following-- 13
(a) a person who is, or was, a contact tracing officer or other 14
person involved in the administration or enforcement of 15
this part; 16
(b) a person who was involved in the administration or 17
enforcement of the repealed provisions. 18
repealed provisions means the Health Act 1937, part 3, 19
division 2. 20
105 Confidentiality of information 21
(1) A relevant person must not, whether directly or indirectly, 22
disclose confidential information. 23
Maximum penalty--50 penalty units. 24
(2) The Health Services Act 1991, section 62A, does not apply to 25
a relevant person in relation to confidential information. 26
12 Health Services Act 1991, section 62A (Confidentiality)
s 106 78 s 109
Public Health Bill 2005
106 Disclosure under an Act or another law 1
Section 105(1) does not apply if the disclosure of the 2
confidential information by a relevant person is authorised 3
under an Act or another law. 4
107 Disclosure under Act or with written consent etc. 5
Section 105(1) does not apply if the confidential information 6
is disclosed by a relevant person-- 7
(a) in the performance of functions under this Act; or 8
(b) with the written consent of the person to whom the 9
information relates; or 10
(c) to the person to whom the information relates; or 11
(d) in a form that could not identify any person. 12
108 Disclosure to protect health of person 13
Section 105(1) does not apply if the disclosure of the 14
confidential information by a relevant person to another 15
person is authorised by the chief executive to protect the 16
health of that person or another person. 17
109 Disclosure of confidential information in the public 18
interest 19
(1) Section 105(1) does not apply to the disclosure of confidential 20
information by a relevant person if-- 21
(a) the chief executive believes, on reasonable grounds, the 22
disclosure is in the public interest; and 23
(b) the chief executive has, in writing, authorised the 24
disclosure. 25
(2) The department's annual report for a financial year under the 26
Financial Administration and Audit Act 1977 must include 27
details of-- 28
(a) the nature of any confidential information disclosed 29
under subsection (1) during the financial year; and 30
s 110 79 s 111
Public Health Bill 2005
(b) the purpose for which the confidential information was 1
disclosed. 2
(3) However, the details mentioned in subsection (2)(a) must not 3
identify, directly or indirectly, the person to whom the 4
confidential information relates. 5
(4) Despite the Public Service Act 1996, section 57, the chief 6
executive may not delegate the chief executive's power under 7
subsection (1). 8
110 Disclosure to allow chief executive to act 9
Section 105(1) does not apply if the disclosure of the 10
confidential information by a relevant person is to the chief 11
executive to allow the chief executive to act under this 12
division. 13
111 Use of contact information and business contact 14
information 15
(1) Contact information or business contact information (the 16
information)-- 17
(a) can not be accessed under any order, whether of a 18
judicial or administrative nature, other than an order for 19
the purpose of this Act; and 20
(b) is not admissible in any proceeding, other than a 21
proceeding under this Act or a proceeding mentioned in 22
section 100(4)(a) or (5) or section 102(4)(a) or (5). 23
(2) A person can not be compelled to produce the information, or 24
to give evidence relating to the information, in any 25
proceeding, other than a proceeding under this Act. 26
(3) Subsections (1)(b) and (2) do not apply if the information is 27
admitted or produced, or evidence relating to the information 28
is given, with the consent of the person to whom the 29
information relates. 30
(4) Nothing in this section limits access to information by the 31
chief executive or a person authorised by the chief executive. 32
(5) In this section-- 33
order includes a direction or other process. 34
s 112 80 s 113
Public Health Bill 2005
Part 4 Orders by chief executive about 1
controlled notifiable conditions 2
Division 1 Preliminary 3
112 Definition for pt 4 4
In this part-- 5
chief executive's order see section 113(4). 6
Division 2 Orders by chief executive 7
113 Chief executive may order detention 8
(1) This section applies if the chief executive-- 9
(a) reasonably suspects that a person who has presented to a 10
public sector health service has, or may have, a 11
controlled notifiable condition; and 12
(b) reasonably suspects the person's condition, or the 13
person's condition and likely behaviour, constitutes an 14
immediate risk to public health; and 15
(c) is satisfied the person has been counselled, or 16
reasonable attempts have been made to counsel the 17
person, about the condition and its possible effect on the 18
person's health and on public health. 19
(2) However, subsection (1)(c) does not apply if it is not 20
practicable to counsel the person. 21
(3) The chief executive may order the detention of the person at a 22
public sector health service. 23
(4) The order (a chief executive's order) must be in writing and 24
must state the following-- 25
(a) the controlled notifiable condition the person has or is 26
suspected of having; 27
(b) the reasons for the order; 28
s 114 81 s 114
Public Health Bill 2005
(c) the name of the public sector health service where the 1
person is to be detained; 2
(d) that the person must-- 3
(i) if the person is at the public sector health service 4
where the person is to be detained-- remain at the 5
service; or 6
(ii) if the person is not at the public sector health 7
service where the person is to be detained--go 8
immediately with the person enforcing the order to 9
the public sector health service and remain at the 10
service; 11
(e) that the person, while being detained at a public sector 12
health service, must comply with the reasonable 13
requirements of the person in charge of the service; 14
(f) when the chief executive's order ends under section 115. 15
114 Enforcement of chief executive's order 16
(1) A chief executive's order may be enforced by the person in 17
charge of the public sector health service where the person to 18
whom the order relates is to be detained. 19
(2) The person in charge must before enforcing the order-- 20
(a) give the person to whom the order relates a copy of the 21
chief executive's order; and 22
(b) explain to the person, in general terms, the purpose and 23
effect of the chief executive's order including that it is 24
an offence not to comply with the order. 25
(3) The person in charge must note on the copy and original of the 26
chief executive's order when the copy was given to the person. 27
(4) The person given a copy of the chief executive's order under 28
subsection (2)(a) must comply with the order. 29
Maximum penalty--200 penalty units. 30
(5) The person in charge of a public sector health service may 31
enforce a chief executive's order with the help, and using the 32
force, that is reasonable in the circumstances. 33
s 115 82 s 116
Public Health Bill 2005
(6) However, the person in charge of a public sector health 1
service must give the person detained an opportunity to 2
voluntarily comply with the order. 3
(7) A person authorised by the person in charge of a public sector 4
health service may help the person in charge to enforce a chief 5
executive's order. 6
115 Duration of chief executive's order 7
A chief executive's order ends at the earlier of-- 8
(a) 24 hours from the time a copy is given to the person who 9
is the subject of the order unless the chief executive 10
orders the earlier release of the person; or 11
(b) the time a magistrate decides an application for a 12
controlled notifiable conditions order relating to the 13
person. 14
Part 5 Orders by magistrate about 15
controlled notifiable conditions 16
Division 1 General 17
116 Applying for controlled notifiable conditions order 18
(1) The chief executive may apply to a magistrate for any of the 19
following orders for a person (each a controlled notifiable 20
conditions order)-- 21
(a) an initial examination order; 22
(b) a behavioural order; 23
(c) a detention order. 24
(2) The application must be sworn and state the following-- 25
(a) the controlled notifiable condition the person has or is 26
suspected of having; 27
s 117 83 s 118
Public Health Bill 2005
(b) the grounds on which it is made; 1
(c) the nature of the order sought; 2
(d) if an order taking the person into, or keeping the person 3
in, detention is sought--the proposed arrangements for 4
the person's detention and care. 5
(3) The magistrate may refuse to consider the application until the 6
applicant gives the magistrate all the information the 7
magistrate requires about the application in the way the 8
magistrate requires. 9
10
Example--
11
The magistrate may require additional information supporting the
12
application be given by statutory declaration.
117 Deciding application in person's absence 13
(1) A magistrate may decide an application for a controlled 14
notifiable conditions order in the absence of the person for 15
whom the order is sought if the magistrate-- 16
(a) considers the person's presence may be an immediate 17
risk to public health; or 18
(b) is satisfied the person can not be located; or 19
(c) is satisfied there is another reason that makes this 20
necessary. 21
(2) Without limiting subsection (1), a magistrate may decide that 22
representations, if any, for the person must be made through 23
someone acting for the person. 24
Division 2 Initial examination orders 25
118 Making initial examination order 26
(1) A magistrate may make an initial examination order for a 27
person if the magistrate-- 28
(a) reasonably suspects the person may have a controlled 29
notifiable condition; and 30
s 119 84 s 119
Public Health Bill 2005
(b) is satisfied that if the person has the condition, either of 1
the following may constitute an immediate risk to public 2
health-- 3
(i) the person's condition; 4
(ii) the person's condition and likely behaviour; and 5
(c) is satisfied it is necessary for the person to undergo a 6
medical examination to ascertain whether the person has 7
the condition; and 8
(d) is satisfied the person has been counselled, or 9
reasonable attempts have been made to counsel the 10
person, about the condition and its possible effect on the 11
person's health and on public health. 12
(2) However, subsection (1)(d) does not apply if it is not 13
practicable to counsel the person. 14
119 What initial examination order may provide 15
(1) An initial examination order may provide for any or all of the 16
following-- 17
(a) that the person be detained at a stated place; 18
(b) subject to subsection (2), a period that is not more than 19
72 hours, for which a person may be detained; 20
(c) that the person be detained in isolation for part or all of 21
the period of detention; 22
(d) if the person is not at the place where the person is to be 23
detained, that the person be taken to and detained at the 24
place; 25
(e) that the person undergo the medical examination stated 26
in the order by a doctor nominated by the chief 27
executive to ascertain whether the person has the 28
controlled notifiable condition. 29
(2) The order may state a period that is more than 72 hours only if 30
the magistrate is satisfied that because of the nature of the 31
controlled notifiable condition a longer period is required to 32
ascertain whether the person has the condition. 33
s 120 85 s 120
Public Health Bill 2005
(3) The order may be made subject to the conditions the 1
magistrate considers appropriate. 2
(4) The order may authorise any authorised person, within a 3
stated period-- 4
(a) to enter or re-enter any place the authorised person 5
reasonably believes the person is; and 6
(b) to search the place to find the person; and 7
(c) to remain in the place for as long as the authorised 8
person considers is reasonably necessary to find the 9
person; and 10
(d) to take the person to the place where the person is to be 11
detained under the order. 12
(5) An authorised person may exercise powers under the order 13
with the help, and using the force, that is reasonable in the 14
circumstances. 15
(6) Without limiting section 123, for enforcing the order the chief 16
executive may detain the person and carry out the medical 17
examination with the help, and using the force, that is 18
reasonable in the circumstances. 19
120 Service of initial examination order 20
As soon as practicable after an initial examination order is 21
made for a person, an authorised person must-- 22
(a) give the person the subject of the order a copy of the 23
order; and 24
(b) explain the terms and effect of the order to the person 25
including the effect of section 121; and 26
(c) give the person an opportunity to voluntarily accompany 27
the authorised person to the place where the person the 28
subject of the order is to be examined; and 29
(d) give the person notice about the right of appeal against 30
the order and how to appeal. 31
s 121 86 s 123
Public Health Bill 2005
121 Person must remain at place of detention and undergo 1
medical examination 2
A person detained under an initial examination order must 3
remain at the place of detention for the period stated in the 4
order and undergo the stated medical examination stated in 5
the order unless the person is released under section 124. 6
Maximum penalty--400 penalty units. 7
122 When period of detention starts 8
The period of detention of a person under an initial 9
examination order starts-- 10
(a) if the person is at the place where the person is to be 11
examined--from the time the person is detained at the 12
place and given a copy of the order; or 13
(b) if the person is not at the place where the person is to be 14
examined--from the time the person is detained at the 15
place after being given a copy of the order. 16
123 Details of medical examination must be explained 17
(1) This section applies to a doctor undertaking the medical 18
examination of a person under an initial examination order. 19
(2) The doctor must, if practicable-- 20
(a) give an explanation to the person of the examination to 21
be undertaken in a way likely to be readily understood 22
by the person; and 23
(b) allow the person an opportunity to submit to the 24
examination voluntarily. 25
(3) If the person does not submit to the examination voluntarily, 26
the doctor may undertake the examination with the help, and 27
using the force, that is reasonable in the circumstances. 28
s 124 87 s 126
Public Health Bill 2005
124 When detained person must be released before the end 1
of initial examination order 2
The chief executive must release a person detained under this 3
division before the initial examination order ends if the chief 4
executive is satisfied the reason for the order no longer exists. 5
Division 3 Behavioural orders 6
125 Making behavioural order 7
(1) A magistrate may make a behavioural order for a person if the 8
magistrate is satisfied-- 9
(a) the person has a controlled notifiable condition; and 10
(b) either of the following may constitute an immediate risk 11
to public health-- 12
(i) the person's condition; 13
(ii) the person's condition and likely behaviour; and 14
(c) the person needs to do, or not do, stated things to avoid 15
the person's condition, or the person's condition and 16
likely behaviour, constituting a risk to public health; and 17
(d) the person has been counselled, or reasonable attempts 18
have been made to counsel the person, about the 19
condition and its possible effect on the person's health 20
and on public health. 21
(2) However, subsection (1)(d) does not apply if it is not 22
practicable to counsel the person. 23
126 What behavioural order may provide 24
(1) A behavioural order for a person may provide that the person 25
do any or all of the following for the period stated in the 26
order-- 27
(a) undergo counselling by a stated person or persons; 28
(b) refrain from stated conduct; 29
(c) refrain from visiting stated places; 30
s 127 88 s 129
Public Health Bill 2005
(d) submit to supervision and monitoring by another person. 1
(2) For subsection (1)(d), the order may specify that the 2
supervision and monitoring -- 3
(a) be by a particular person or a person nominated by the 4
chief executive; and 5
(b) be done in a stated way. 6
(3) Also, the order may be made subject to the conditions the 7
magistrate considers appropriate. 8
(4) An authorised person may enforce the order with the help, and 9
using the force, that is reasonable in the circumstances. 10
127 Service of behavioural order 11
As soon as practicable after a behavioural order is made for a 12
person, an authorised person must-- 13
(a) give a copy of the order to the person; and 14
(b) explain the terms and effect of the order to the person 15
including that is an offence not to comply with the 16
order; and 17
(c) give the person notice about the right of appeal against 18
the order and how to appeal. 19
128 Person must comply with behavioural order 20
(1) This section applies if a behavioural order has been made for a 21
person and the person has been given a copy of the order. 22
(2) The person must comply with the order. 23
Maximum penalty--400 penalty units. 24
Division 4 Detention orders 25
129 Making detention order 26
(1) A magistrate may make a detention order for a person if the 27
magistrate is satisfied-- 28
s 130 89 s 130
Public Health Bill 2005
(a) the person has a controlled notifiable condition; and 1
(b) either of the following may constitute an immediate risk 2
to public health-- 3
(i) the person's condition; 4
(ii) the person's condition and likely behaviour; and 5
(c) the person needs to be detained at a stated place for a 6
stated period to avoid the person's condition, or the 7
person's condition and likely behaviour, constituting a 8
risk to public health; and 9
(d) the person has been counselled, or reasonable attempts 10
have been made to counsel the person, about the 11
condition and its possible effect on the person's health 12
and on public health. 13
(2) However, subsection (1)(d) does not apply if it is not 14
practicable to counsel the person. 15
130 What detention order may provide 16
(1) A detention order for a person may provide for any or all of 17
the following-- 18
(a) that the person be detained at a stated place for a stated 19
period of not more than 28 days; 20
(b) that the person be detained in isolation for part or all of 21
the period of detention; 22
(c) if the person is not at the place where the person is to be 23
detained, that the person be taken to and detained at the 24
place; 25
(d) that the person undergo the medical examination or 26
treatment stated in the order by a doctor nominated by 27
the chief executive. 28
(2) The order may be made subject to the conditions the 29
magistrate considers appropriate. 30
(3) The order may authorise any authorised person, within a 31
stated period-- 32
(a) to enter or re-enter any place the authorised person 33
reasonably believes the person is; and 34
s 131 90 s 132
Public Health Bill 2005
(b) to search the place to find the person; and 1
(c) to remain in the place for as long as the authorised 2
person considers is reasonably necessary to find the 3
person; and 4
(d) to take the person to the place where the person is to be 5
detained under the order. 6
(4) An authorised person may exercise powers under the order 7
with the help, and using the force, that is reasonable in the 8
circumstances. 9
(5) Without limiting section 133, for enforcing the order the chief 10
executive may detain the person and carry out the medical 11
examination with the help, and using the force, that is 12
reasonable in the circumstances. 13
131 Service of detention order 14
As soon as practicable after a detention order is made for a 15
person, an authorised person must-- 16
(a) give the person the subject of the order a copy of the 17
order; and 18
(b) explain the terms and effect of the order to the person 19
including the effect of section 132; and 20
(c) if the person is not at the place where the person is to be 21
detained, give the person an opportunity to voluntarily 22
accompany the authorised person to the place; and 23
(d) give the person notice about the right of appeal against 24
the order and how to appeal. 25
132 Person must remain at place of detention and undergo 26
medical examination or treatment 27
A person detained under a detention order must remain at the 28
place of detention for the period stated in the order and 29
undergo the medical examination or treatment stated in the 30
order. 31
Maximum penalty--400 penalty units. 32
s 133 91 s 134
Public Health Bill 2005
133 Details of medical examination or treatment must be 1
explained 2
(1) This section applies to a doctor undertaking a medical 3
examination or treatment of a person under a detention order. 4
(2) The doctor must, if practicable-- 5
(a) give an explanation to the person of the examination or 6
treatment to be undertaken in a way likely to be readily 7
understood by the person; and 8
(b) allow the person an opportunity to submit to the 9
examination or treatment voluntarily. 10
(3) If the person does not submit to the examination or treatment 11
voluntarily, the doctor may undertake the examination or 12
treatment with the help, and using the force, that is reasonable 13
in the circumstances. 14
Division 5 Extension, variation or revocation 15
of controlled notifiable conditions 16
orders 17
134 Extension of behavioural or detention orders 18
(1) The chief executive may apply to a magistrate for an order to 19
extend the period of a behavioural order or a detention order. 20
(2) The application must be made before the order ends. 21
(3) A behavioural order may be extended once only and for the 22
period decided by the magistrate. 23
(4) A detention order may be extended once only and for not 24
more than 28 days. 25
(5) This part applies, with all necessary changes, to the 26
application as if it were an application for a behavioural order 27
or a detention order. 28
s 135 92 s 136
Public Health Bill 2005
135 Variation and revocation of initial examination, 1
behavioural or detention orders 2
(1) The chief executive may apply to a magistrate for an order to 3
vary or revoke an initial examination order, a behavioural 4
order or a detention order. 5
(2) This part applies, with all necessary changes, to the 6
application as if it were an application for an initial 7
examination order, a behavioural order or a detention order. 8
(3) Without limiting the things to which the magistrate may have 9
regard in deciding the application, the magistrate may have 10
regard to a contravention of section 121, 128 or 132. 11
Division 6 Warrants 12
136 Application for warrant for apprehension 13
(1) This section applies if a person who is subject to an initial 14
examination order or a detention order-- 15
(a) absconds while being taken to the place where the 16
person is to be detained under the order; or 17
(b) absconds from the place where the person is being 18
detained under the order; or 19
(c) absconds from another place before being taken to the 20
place where the person is to be detained under the order. 21
(2) An authorised person may apply to a magistrate for a warrant 22
for apprehension of the person. 23
(3) The authorised person must prepare a written application that 24
states the grounds on which the warrant is sought. 25
(4) The written application must be sworn. 26
(5) The magistrate may refuse to consider the application until the 27
authorised person gives the magistrate all the information the 28
magistrate requires about the application in the way the 29
magistrate requires. 30
31
Example--
32
The magistrate may require additional information supporting the
33
application be given by statutory declaration.
s 137 93 s 138
Public Health Bill 2005
137 Issue of warrant 1
(1) The magistrate may issue a warrant for the apprehension of 2
the person who has absconded if the magistrate is satisfied the 3
warrant is necessary to enable an authorised person to detain 4
the person. 5
(2) The warrant authorises any authorised person-- 6
(a) to enter or re-enter any place the authorised person 7
reasonably believes the person is; and 8
(b) to search the place to find the person; and 9
(c) to remain in the place for as long as the authorised 10
person considers is reasonably necessary to find the 11
person; and 12
(d) to take the person to the place where the person is to be 13
detained under an initial examination order or a 14
detention order. 15
(3) The warrant must state the day when it ends. 16
(4) An authorised person may exercise powers under the warrant 17
with the help, and using the force, that is reasonable in the 18
circumstances. 19
138 Application by electronic communication and duplicate 20
warrant 21
(1) An application under section 136 may be made by phone, fax, 22
email, radio, videoconferencing or another form of electronic 23
communication if the authorised person reasonably considers 24
it necessary because of-- 25
(a) urgent circumstances; or 26
(b) other special circumstances, including, for example, the 27
authorised person's remote location. 28
(2) The application-- 29
(a) may not be made before the authorised person prepares 30
the written application under section 136(3); but 31
(b) may be made before the written application is sworn. 32
(3) The magistrate may issue the warrant (the original warrant) 33
only if the magistrate is satisfied-- 34
s 138 94 s 138
Public Health Bill 2005
(a) it was necessary to make the application under 1
subsection (1); and 2
(b) the way the application was made under subsection (1) 3
was appropriate. 4
(4) After the magistrate issues the original warrant-- 5
(a) if there is a reasonably practicable way of immediately 6
giving a copy of the warrant to the authorised person, for 7
example, by sending a copy by fax or email, the 8
magistrate must immediately give a copy of the warrant 9
to the authorised person; or 10
(b) otherwise-- 11
(i) the magistrate must tell the authorised person the 12
date and time the warrant is issued and the other 13
terms of the warrant; and 14
(ii) the authorised person must complete a form of 15
warrant, including by writing on it-- 16
(A) the magistrate's name; and 17
(B) the date and time the magistrate issued the 18
warrant; and 19
(C) the other terms of the warrant. 20
(5) The copy of the warrant mentioned in subsection (4)(a), or the 21
form of warrant completed under subsection (4)(b) (in either 22
case the duplicate warrant), is a duplicate of, and as effectual 23
as, the original warrant. 24
(6) The authorised person must, at the first reasonable 25
opportunity, send to the magistrate-- 26
(a) the written application complying with section 136(3) 27
and (4); and 28
(b) if the authorised person completed a form of warrant 29
under subsection (4)(b)--the completed form of 30
warrant. 31
(7) The magistrate must keep the original warrant and, on 32
receiving the documents under subsection (6)-- 33
(a) attach the documents to the original warrant; and 34
s 139 95 s 140
Public Health Bill 2005
(b) give the original warrant and documents to the clerk of 1
the court of the relevant magistrates court. 2
(8) Despite subsection (5), if-- 3
(a) an issue arises in a proceeding about whether an 4
exercise of a power was authorised by a warrant issued 5
under this section; and 6
(b) the original warrant is not produced in evidence; 7
the onus of proof is on the person relying on the lawfulness of 8
the exercise of the power to prove a warrant authorised the 9
exercise of the power. 10
(9) In this section-- 11
relevant magistrates court, in relation to a magistrate, means 12
the Magistrates Court that the magistrate constitutes under the 13
Magistrates Act 1991. 14
139 Defect in relation to a warrant 15
(1) A warrant is not invalidated by a defect in the warrant, or in 16
compliance with section 136, 137 or 138, unless the defect 17
affects the substance of the warrant in a material particular. 18
(2) In this section-- 19
warrant includes a duplicate warrant mentioned in 20
section 138(5). 21
Division 7 Procedure for entry under orders 22
and warrants 23
140 Procedure before entry--orders 24
(1) This section applies if an authorised person is intending to 25
enter a place under an initial examination order or detention 26
order. 27
(2) Before entering the place, the authorised person must do or 28
make a reasonable attempt to do the following things-- 29
(a) identify himself or herself to a person present at the 30
place who is an occupier of the place by producing a 31
s 141 96 s 141
Public Health Bill 2005
copy of the authorised person's identity card or other 1
document evidencing the appointment; 2
(b) give the person a copy of the order; 3
(c) tell the person the authorised person is permitted by the 4
order to enter the place; 5
(d) give the person an opportunity to allow the authorised 6
person immediate entry to the place without using force. 7
(3) However, the authorised person need not comply with 8
subsection (2) if the authorised person believes on reasonable 9
grounds that immediate entry to the place is required to ensure 10
the effective execution of the order is not frustrated. 11
141 Procedure before entry--warrants 12
(1) This section applies if an authorised person is intending to 13
enter a place under a warrant under this part. 14
(2) Before entering the place, the authorised person must do or 15
make a reasonable attempt to do the following things-- 16
(a) identify himself or herself to a person present at the 17
place who is an occupier of the place by producing a 18
copy of the authorised person's identity card or other 19
document evidencing the appointment; 20
(b) give the person a copy of the warrant; 21
(c) tell the person the authorised person is permitted by the 22
warrant to enter the place; 23
(d) give the person an opportunity to allow the authorised 24
person immediate entry to the place without using force. 25
(3) However, the authorised person need not comply with 26
subsection (2) if the authorised person believes on reasonable 27
grounds that immediate entry to the place is required to ensure 28
the effective execution of the warrant is not frustrated. 29
(4) In this section-- 30
warrant includes a duplicate warrant mentioned in 31
section 138(5). 32
s 142 97 s 143
Public Health Bill 2005
Division 8 Appeals against magistrate's 1
decisions 2
142 Appeal against decision on application for controlled 3
notifiable conditions order or extension of order 4
The following persons may appeal to the District Court 5
against a decision on an application for a controlled notifiable 6
conditions order or an extension or variation of the order-- 7
(a) the chief executive; 8
(b) the person to whom the application relates. 9
Part 6 Reckless spread of controlled 10
notifiable conditions 11
143 Person must not recklessly spread controlled notifiable 12
condition 13
(1) A person must not recklessly put someone else at risk of 14
contracting a controlled notifiable condition. 15
Maximum penalty--200 penalty units or 18 months 16
imprisonment. 17
(2) A person must not recklessly transmit a controlled notifiable 18
condition to someone else. 19
Maximum penalty--400 penalty units or 2 years 20
imprisonment. 21
(3) A person does not commit an offence against subsection (1) 22
if, when the other person was put at risk of contracting the 23
condition, the other person-- 24
(a) knew the person had the condition; and 25
(b) voluntarily accepted the risk of contracting the 26
condition. 27
s 144 98 s 144
Public Health Bill 2005
(4) A person does not commit an offence against subsection (2) 1
if, when the condition was transmitted to the other person, the 2
other person-- 3
(a) knew the person had the condition; and 4
(b) voluntarily accepted the risk of contracting the 5
condition. 6
(5) A person does not commit an offence against subsection (1) or 7
(2) by merely refusing, or failing, to be vaccinated against a 8
condition for which there is a recognised and reasonably 9
available vaccine. 10
11
Note--
12
The Criminal Code, section 317 provides for the crime of intentionally
13
transmitting a serious disease to a person.
Part 7 Proceedings 14
144 How proceedings under this chapter heard 15
(1) A court hearing a proceeding under this chapter, including a 16
proceeding for an offence, may by its order limit the extent to 17
which its business is open to the public if the public interest or 18
the interest of justice require it (the limitation power) having 19
regard to-- 20
(a) the subject matter of the proceeding; or 21
(b) the nature of the evidence expected to be given. 22
(2) A person must not make or publish a report about a 23
proceeding in relation to which the limitation power is 24
exercised unless the report-- 25
(a) is authorised by the court; or 26
(b) is made for the purpose of the proceeding or of a 27
proceeding related to that proceeding; or 28
(c) is contained in or is made for the purpose of being 29
contained in a recognised series of law reports; or 30
(d) is made for the chief executive. 31
s 145 99 s 145
Public Health Bill 2005
Maximum penalty-- 1
(a) for a first offence--200 penalty units or 6 months 2
imprisonment; 3
(b) for a subsequent offence--400 penalty units or 4
12 months imprisonment. 5
(3) This section does not limit the Supreme Court of Queensland 6
Act 1991, section 128.13 7
Part 8 Other matters about controlled 8
notifiable conditions orders 9
145 Person may give information necessary for authorised 10
person's safety 11
(1) This section applies if-- 12
(a) under a chief executive's order, the person (the relevant 13
person) who is the subject of the order is to be taken to, 14
or detained at, a public sector health service; or 15
(b) under an initial examination order, the person (also the 16
relevant person) who is the subject of the order is to be 17
taken to, or detained at, a stated place; or 18
(c) under an behavioural order, the person (also the relevant 19
person) who is the subject of the order is to do or not do 20
stated things for a stated period; or 21
(d) under a detention order, the person (also the relevant 22
person) who is the subject of the order is to be taken to, 23
or detained at, a stated place; or 24
(e) a person (also the relevant person) may be apprehended 25
under a warrant issued under section 137 or 138. 26
(2) To protect the safety of the relevant person or the following 27
persons a doctor, health service employee or person involved 28
13 Supreme Court of Queensland Act 1991, section 128 (No distinction between court
and chambers for Supreme Court, District Court and Magistrates Courts)
s 146 100 s 146
Public Health Bill 2005
in the administration of this Act may give information about 1
the relevant person to the following persons-- 2
(a) an authorised person; 3
(b) the relevant person; 4
(c) the person in charge of public sector health service; 5
(d) a person authorised by the person in charge of public 6
sector health service. 7
(3) This section applies despite any other provision of this Act or 8
any provision of another law that deals with confidentiality, 9
including, for example, the Health Services Act 1991, 10
section 62A. 11
146 Obstructing persons exercising powers 12
(1) A person must not obstruct any of the following in the 13
exercise of a power under this chapter, unless the person has a 14
reasonable excuse-- 15
(a) the chief executive; 16
(b) a doctor; 17
(c) an authorised person; 18
(d) a person in charge of a public sector health service; 19
(e) a person authorised by a person in charge of a public 20
sector health service. 21
Maximum penalty--100 penalty units. 22
(2) If a person has obstructed a person mentioned in 23
subsection (1)(a) to (e) (the enforcing person) and the 24
enforcing person decides to proceed with the exercise of the 25
power, the enforcing person must warn the person that-- 26
(a) it is an offence to obstruct the enforcing person, unless 27
the person has a reasonable excuse; and 28
(b) the enforcing person considers the person's conduct is 29
an obstruction. 30
s 147 101 s 148
Public Health Bill 2005
Chapter 4 Infection control for health 1
care facilities 2
Part 1 Preliminary 3
147 Definitions for ch 4 4
In this chapter-- 5
commencement means the commencement of this chapter. 6
declared health service see section 148. 7
ICMP see section 152. 8
invasive procedure means a procedure involving the insertion 9
of an instrument, appliance or other object into human tissue, 10
organs, body cavities or body orifices. 11
12
Example--
13
subcutaneous and intramuscular injections, blood collection, dentistry,
14
suturing of superficial wounds and examinations of the mouth
mobile premises means premises that-- 15
(a) are a vehicle or are otherwise ordinarily moved from 16
place to place; and 17
(b) are used for the provision of a declared health service. 18
operator, of a health care facility, means the person who has 19
the day to day operation and control of the facility. 20
148 Meaning of declared health service 21
(1) A declared health service means a service provided to a 22
person that-- 23
(a) is intended to maintain, improve or restore the person's 24
health; and 25
(b) involves the performance of an invasive procedure or an 26
activity that exposes the person or another person to 27
blood or another bodily fluid. 28
s 149 102 s 149
Public Health Bill 2005
(2) Without limiting subsection (1), a declared health service 1
includes a declared health service provided to a person at the 2
following-- 3
(a) a public sector hospital; 4
(b) a medical practice; 5
(c) a dental practice; 6
(d) an acupuncture clinic; 7
(e) a midwifery service; 8
(f) an ambulance service; 9
(g) a blood bank. 10
149 Meaning of health care facility 11
(1) A health care facility means a facility at which a declared 12
health service is provided and includes-- 13
(a) mobile premises associated with the facility; and 14
(b) other premises or places at which persons employed or 15
otherwise engaged at the facility provide declared health 16
services for the facility. 17
18
Examples for subsection (1)--
19
1 an ambulance base and the ambulances that operate from the base
20
2 a home-based service provided by a public sector hospital
21
3 an acupuncture clinic operating from an office or residential
22
address that provides home visits
(2) A health care facility includes services supporting the facility. 23
24
Example for subsection (2)--
25
a hospital laundry or cleaning service
(3) However, a health care facility does not include a facility or 26
type of facility-- 27
(a) where the declared health service provided is not the 28
principal function of the person that owns or operates 29
the facility; and 30
(b) that is prescribed under a regulation. 31
s 150 103 s 151
Public Health Bill 2005
150 Application of ch 4 1
(1) This chapter does not apply to-- 2
(a) a private health facility; or 3
(b) an area within a health care facility used for food 4
services, including, for example, the preparation, 5
handling and storage of food; or 6
(c) an aged care service conducted by an approved provider 7
under the Aged Care Act 1997 (Cwlth). 8
(2) If this chapter conflicts with either of the following Acts, that 9
Act prevails, but only to the extent of the conflict-- 10
(a) the Workplace Health and Safety Act 1995; 11
(b) the Environmental Protection Act 1994. 12
Part 2 Obligations to minimise 13
infection risks for declared 14
health services 15
151 Obligations to minimise risk 16
(1) Persons involved in the provision of a declared health service 17
must take reasonable precautions and care to minimise the 18
risk of infection (the infection risk) to other persons. 19
20
Examples of persons involved in the provision of a declared health
21
service--
22
1 a registered nurse collecting blood for a blood bank
23
2 the medical superintendent or director of nursing of a public sector
24
hospital
25
3 the owner of a dental practice that employs dentists, on a permanent
26
or casual basis
27
4 the owner of a business that operates a first aid room for its
28
employees
(2) In addition to their obligation under subsection (1), particular 29
persons have obligations under part 3. 30
s 152 104 s 154
Public Health Bill 2005
Part 3 Infection control management 1
plans 2
152 What is an infection control management plan 3
An infection control management plan (an ICMP), for a 4
health care facility, is a documented plan to prevent or 5
minimise the risk of infection, in relation to a declared health 6
service, for-- 7
(a) persons receiving services at the facility; and 8
(b) persons employed or engaged at the facility; and 9
(c) other persons at risk of infection at the facility. 10
153 Obligation of owner for ICMP 11
(1) This section applies if the owner and the operator of a health 12
care facility are different persons. 13
(2) The owner must-- 14
(a) ensure that the operator-- 15
(i) develops and implements an ICMP; and 16
(ii) reviews the effectiveness and implementation of 17
the ICMP at appropriate intervals; and 18
(ii) provides appropriate training in relation to the 19
ICMP to employees and other persons engaged at 20
the facility; and 21
(b) provide adequate resources to the operator to ensure the 22
effectiveness and implementation of the ICMP. 23
154 Obligation of owner/operator for ICMP 24
(1) This section applies if the owner and the operator of a health 25
care facility are the same person. 26
(2) The person must-- 27
(a) develop and implement an ICMP; and 28
s 155 105 s 155
Public Health Bill 2005
(b) provide adequate resources to ensure the effectiveness 1
and implementation of the ICMP; and 2
(c) review the effectiveness and implementation of the 3
ICMP at appropriate intervals; and 4
(d) provide appropriate training in relation to the ICMP to 5
employees and other persons engaged at the facility. 6
155 What an ICMP must contain 7
(1) An ICMP for a health care facility must state-- 8
(a) the infection risks associated with the provision of 9
declared health services provided at the facility; and 10
(b) the measures to be taken to prevent or minimise the 11
infection risks for declared health services; and 12
(c) how the operator is to monitor and review the 13
implementation and effectiveness of the measures; and 14
(d) details about the provision of training in relation to the 15
ICMP for persons employed or otherwise engaged at the 16
facility; and 17
(e) state how often the ICMP is to be reviewed; and 18
(f) if a person other than the operator of the facility is also 19
responsible for providing advice about, and monitoring 20
the effectiveness of, the ICMP--the name of that 21
person. 22
(2) A regulation may prescribe matters to be included in an 23
ICMP, including the measures under subsection (1)(b) that are 24
to be included in an ICMP. 25
(3) The ICMP must be written in a way likely to be easily 26
understood by persons employed or otherwise engaged at the 27
facility. 28
(4) The operator of the facility must-- 29
(a) sign and date the ICMP; and 30
(b) sign and date the ICMP each time it is reviewed. 31
s 156 106 s 157
Public Health Bill 2005
(5) The operator must keep a copy of the ICMP at a place at the 1
facility that is readily accessible to persons employed or 2
otherwise engaged at the facility. 3
(6) If, after developing an ICMP for a health care facility, the 4
operator of the facility intends to provide a declared health 5
service not identified in the ICMP, the operator must, before 6
providing the service, review and amend the ICMP to address 7
the infection risks associated with the service. 8
156 Time for developing and implementing an ICMP 9
The operator of a health care facility must develop and 10
implement an ICMP-- 11
(a) for a health care facility operating at the 12
commencement--within 6 months of the 13
commencement; or 14
(b) for a health care facility that starts operation after the 15
commencement--before the facility provides a declared 16
health service. 17
Part 4 Reporting contraventions of 18
chapter 4 to other entities 19
157 Chief executive may report contraventions 20
(1) If the chief executive considers a person has contravened this 21
chapter, the chief executive may report the alleged 22
contravention to a relevant entity. 23
(2) In this section-- 24
relevant entity means-- 25
(a) the Health Rights Commission under the Health Rights 26
Commission Act 1991; or 27
(b) a board under the Health Practitioner (Professional 28
Standards) Act 1999; or 29
(c) the council under the Nursing Act 1992; or 30
s 158 107 s 158
Public Health Bill 2005
(d) another entity that has the power under an Act of the 1
State, the Commonwealth or another State to deal with 2
the matter. 3
Chapter 5 Child health 4
Part 1 Definitions 5
158 Definitions for ch 5 6
In this chapter-- 7
care and treatment order means an order by a designated 8
medical officer under section 197. 9
carer see the Child Care Act 2002, section 56. 10
centre based service see the Child Care Act 2002, 11
section 10(a). 12
chief executive (child safety) means the chief executive of the 13
department in which the Child Protection Act 1999 is 14
administered. 15
child care service means a centre based service or a home 16
based service licensed under the Child Care Act 2002. 17
contagious condition means a contagious medical condition 18
prescribed under a regulation as a contagious condition. 19
designated medical officer means a doctor appointed as, or 20
who is, a designated medical officer under section 188. 21
harm, to a child, means any detrimental effect on the child's 22
physical, psychological or emotional wellbeing-- 23
(a) that is of a significant nature; and 24
(b) that has been caused by-- 25
(i) physical, psychological or emotional abuse or 26
neglect; or 27
(ii) sexual abuse or exploitation. 28
s 158 108 s 158
Public Health Bill 2005
health service facility means-- 1
(a) a facility that provides a public sector health service 2
within the meaning of the Health Services Act 1991, 3
section 2; or 4
(b) a private health facility; or 5
(c) Mater Misericordiae Public Hospitals. 6
home based service see the Child Care Act 2002, 7
section 10(b). 8
licensee means a person licensed under the Child Care Act 9
2002 to conduct a child care service. 10
parent, of a child, see section 159. 11
person in charge-- 12
(a) for a school, means the principal of the school; or 13
(b) for a child care service, means-- 14
(i) for a centre based service, a qualified director 15
within the meaning of the Child Care Act 2002; or 16
(ii) for a home based service, a qualified coordinator 17
within the meaning of the Child Care Act 2002. 18
prescribed period, for a contagious condition, see section 160. 19
professional, for part 3, means a doctor or registered nurse. 20
registered nurse means a person registered under the Nursing 21
Act 1992 as a registered nurse. 22
school means a State school, State preschool centre or 23
non-State school within the meaning of the Education 24
(General Provisions) Act 1989. 25
teacher means a person registered as a teacher under the 26
Education (Teacher Registration) Act 1988, but does not 27
include the principal of a school. 28
vaccinated, in relation to a vaccine preventable condition, 29
means vaccinated in the way prescribed under a regulation. 30
vaccine preventable condition means a contagious condition 31
that is prescribed under a regulation as a vaccine preventable 32
condition. 33
s 159 109 s 160
Public Health Bill 2005
159 Who is a parent 1
(1) For part 2, a parent of a child is-- 2
(a) the child's mother, father or someone else having or 3
exercising parental responsibility for the child; or 4
(b) for a child who is in the custody or guardianship of the 5
chief executive (child safety) under the Child Protection 6
Act 1999, the chief executive (child safety). 7
(2) For part 3, a parent of a child is the child's mother, father or 8
someone else, other than the chief executive (child safety), 9
having or exercising parental responsibility for the child. 10
(3) In this chapter generally, the following apply-- 11
(a) a parent of an Aboriginal child includes a person who, 12
under Aboriginal tradition, is regarded as a parent of the 13
child; 14
(b) a parent of a Torres Strait Islander child includes a 15
person who, under Island custom, is regarded as a parent 16
of the child; 17
(c) a reference in this part to the parents of a child or to 1 of 18
the parents of a child is, if the child has only 1 parent, a 19
reference to the parent. 20
160 What is a prescribed period for a contagious condition 21
(1) A prescribed period, for a contagious condition, means the 22
period prescribed under subsection (2) or (3) as the prescribed 23
period relating to the condition. 24
(2) For a contagious condition that is not a vaccine preventable 25
condition, a single prescribed period may be prescribed under 26
a regulation for a child suspected under this chapter of having 27
the condition. 28
(3) For a vaccine preventable condition, different prescribed 29
periods may be prescribed under a regulation for the 30
following-- 31
(a) a child suspected under this chapter of having the 32
condition; 33
s 161 110 s 162
Public Health Bill 2005
(b) a child who does not have the condition but who is 1
suspected under this chapter of-- 2
(i) having contact with a child suspected of having the 3
condition; and 4
(ii) not having been vaccinated for the condition. 5
Part 2 Contagious conditions 6
Division 1 Directions about attendance of 7
children at a school or child care 8
service 9
161 When parent must not send a child to school or child care 10
service 11
(1) This section applies if-- 12
(a) a parent knows or ought reasonably to know that the 13
parent's child has a contagious condition; or 14
(b) a person in charge of a school or child care service has 15
directed the parent to remove the child from, and not to 16
send the child to, the school or service during the 17
prescribed period for the condition, under section 164, 18
166 or 169. 19
(2) The parent must not send the child to any school or child care 20
service during the prescribed period for the condition. 21
162 When teacher or carer must advise person in charge 22
(1) This section applies if a teacher or carer reasonably suspects a 23
child attending the teacher's school or carer's child care 24
service may have a contagious condition. 25
(2) The teacher or carer must advise the person in charge about 26
the teacher's or carer's suspicion. 27
s 163 111 s 164
Public Health Bill 2005
163 Person in charge may advise parent about suspicion of 1
contagious condition 2
(1) This section applies if a person in charge of a school or child 3
care service reasonably suspects-- 4
(a) that a child attending the school or service may have a 5
contagious condition; and 6
(b) that other children attending the school or service may 7
be at risk of contracting the contagious condition. 8
(2) The person in charge may advise at least 1 of the child's 9
parents-- 10
(a) of the suspicion of the person in charge; and 11
(b) of the parent's obligation under section 161(1)(a) and 12
(2) not to send the child to the school or child care 13
service. 14
164 Person in charge may direct parent not to send child to 15
school or child care service 16
(1) This section applies if-- 17
(a) a person in charge of a school or child care service has 18
advised a parent under section 163(2) about the parent's 19
child; and 20
(b) the child continues to attend the school or service or the 21
parent tells the person in charge that the parent's child 22
will continue to attend the school or service; and 23
(c) the person in charge reasonably suspects that the child 24
still has the contagious condition and that other children 25
attending the school or service may be at risk of 26
contracting the condition if the child continues to attend 27
the school or service. 28
(2) The person in charge may direct the parent-- 29
(a) to remove the child from the school or child care service 30
as soon as reasonably practicable; and 31
(b) not to send the child to the school or service during the 32
prescribed period for the condition applying to the child. 33
s 165 112 s 166
Public Health Bill 2005
(3) However, the person in charge must consult a doctor or 1
another person authorised by the chief executive for advice 2
before taking action under subsection (2). 3
165 Person in charge may advise parent of child not 4
vaccinated about suspicion of vaccine preventable 5
condition 6
(1) This section applies if a person in charge of a school or child 7
care service reasonably suspects-- 8
(a) that a child (the first child) attending the school or 9
service has a contagious condition that is a vaccine 10
preventable condition; and 11
(b) that another child (the second child) attending the 12
school or service has not been vaccinated for the 13
condition and may be at risk of contracting the condition 14
because of contact with the first child. 15
(2) The person in charge may advise at least 1 of the second 16
child's parents of the suspicion. 17
166 Person in charge may direct parent not to send child to 18
school or child care service 19
(1) This section applies if-- 20
(a) a person in charge of a school or child care service has 21
advised a parent under section 165(2) about the parent's 22
child; and 23
(b) the child continues to attend the school or service or the 24
parent tells the person in charge that the parent's child 25
will continue to attend the school or service; and 26
(c) the person in charge reasonably suspects that the child 27
will be at risk of contracting the contagious condition if 28
the child continues to attend the school or service. 29
(2) The person in charge may direct the parent-- 30
(a) to remove the child from the school or child care service 31
as soon as reasonably practicable; and 32
(b) not to send the child to the school or service during the 33
prescribed period for the condition applying to the child. 34
s 167 113 s 168
Public Health Bill 2005
(3) However, the person in charge must consult a doctor or 1
another person authorised by the chief executive for advice 2
before taking action under subsection (2). 3
167 Chief executive may authorise examination of children at 4
school or child care service 5
(1) This section applies if the chief executive-- 6
(a) reasonably suspects that some or all of the children 7
attending a school or child care service should be 8
examined by a doctor because a child attending the 9
school or service may have a contagious condition; and 10
(b) has consulted the person in charge of the school or 11
service about the examinations. 12
(2) The chief executive may arrange for a doctor to examine some 13
or all of the children attending the school or service to decide 14
whether the children have, or may have, the condition. 15
(3) Before the examinations take place the chief executive must 16
give the person in charge of the school or service notice of the 17
following-- 18
(a) the date and time of the examinations; 19
(b) the contagious condition for which examinations are to 20
be conducted; 21
(c) the children, or class of children, to be examined; 22
(d) the name and contact details of the doctor who is to 23
conduct the examinations. 24
(4) However, a child must not be examined without the consent of 25
a parent of the child. 26
168 Chief executive must advise parent about examination 27
If a child is to be examined under section 167, the chief 28
executive must advise at least 1 of the child's parents of the 29
following-- 30
(a) the date and time of the examination; 31
(b) the contagious condition for which the examination is to 32
be conducted; 33
s 169 114 s 169
Public Health Bill 2005
(c) the name and contact details of the doctor who is to 1
conduct the examination; 2
(d) that the child's parents may be present when the child is 3
examined; 4
(e) that the examination may not be conducted without the 5
consent of the parent; 6
(f) that the parent may, on or before the date of the 7
examination-- 8
(i) have the child examined by another doctor to 9
decide whether the child has, or may have, the 10
condition; and 11
(ii) give the person in charge a certificate by the other 12
doctor stating whether or not the child has or may 13
have the condition and, if the child has or may have 14
the condition, whether the prescribed period for the 15
condition has ended; 16
(g) that the parent may be directed to remove the child 17
from, and not to send the child to, the school or service 18
if-- 19
(i) the child has not been examined-- 20
(A) by the doctor arranged by the chief 21
executive; or 22
(B) by another doctor chosen by the parent and a 23
certificate provided under paragraph (f); or 24
(ii) an examination reveals the child has, or may have, 25
the condition. 26
169 Chief executive may direct person in charge in relation to 27
child 28
(1) This section applies if-- 29
(a) a doctor who examines a child under section 167 30
attending a school or child care service advises the chief 31
executive that-- 32
(i) the child has, or may have, a contagious condition; 33
and 34
s 169 115 s 169
Public Health Bill 2005
(ii) the prescribed period for the condition has not 1
ended; or 2
(b) a parent of a child has been advised under section 168 3
but the child has not been examined-- 4
(i) by the doctor arranged by the chief executive; or 5
(ii) by another doctor chosen by the parent and a 6
certificate provided by that doctor stating that the 7
child does not have the contagious condition or the 8
prescribed period for the condition has ended; or 9
(c) the chief executive reasonably suspects that a child 10
attending a school or child care service has a contagious 11
condition and the prescribed period for the condition has 12
not ended; or 13
(d) the chief executive reasonably suspects-- 14
(i) that a child (the first child) attending a school or 15
service has a contagious condition that is a vaccine 16
preventable condition and the prescribed period for 17
the condition has not ended; and 18
(ii) that another child (the second child) attending the 19
school or service has not been vaccinated for the 20
condition and is at risk of contracting the condition 21
because of contact with the first child. 22
(2) The chief executive may direct the person in charge of the 23
school or child care service-- 24
(a) for subsection (1)(a), (b) or (c), to direct the parent of 25
the child to remove the child from, and not to send the 26
child to, the school or service for the prescribed period 27
for the condition; or 28
(b) for subsection (1)(d), to direct the parent of the second 29
child to remove the child from, and not to send the child 30
to, the school or service for the prescribed period for the 31
condition. 32
(3) If directed by the chief executive under subsection (2), the 33
person in charge of the school or child care service must 34
comply with the direction, unless the person in charge has a 35
reasonable excuse. 36
Maximum penalty--50 penalty units. 37
s 170 116 s 171
Public Health Bill 2005
(4) A direction by the chief executive under subsection (2)-- 1
(a) must be given in writing, if practicable; and 2
(b) must include the information mentioned in 3
section 170(2). 4
(5) If it is not practicable to give the direction in writing, the chief 5
executive may give the direction orally but must confirm it in 6
writing as soon as practicable thereafter. 7
170 Person in charge must include information in direction 8
(1) This section applies if a person in charge of a school or child 9
care service-- 10
(a) decides to direct a parent under section 164 or 166; or 11
(b) must direct a parent because of a direction by the chief 12
executive under section 169. 13
(2) The person in charge must include the following information 14
in the direction-- 15
(a) the suspected contagious condition that led to the 16
direction; 17
(b) the prescribed period for the condition; 18
(c) the circumstances in which the child concerned may be 19
readmitted to the school or service. 20
171 When person in charge may readmit child before 21
prescribed period ends 22
(1) Subsection (2) applies if a child is not attending a school or 23
child care service because of a direction by the person in 24
charge under section 164 or 166. 25
(2) The person in charge of the school or child care service may 26
readmit the child to the school or service if-- 27
(a) for a child mentioned in section 164, a certificate signed 28
by a doctor is produced to the person in charge stating-- 29
(i) that the child does not have the condition; or 30
(ii) that the prescribed period for the condition has 31
ended; or 32
s 172 117 s 172
Public Health Bill 2005
(b) for a child mentioned in section 166, the person in 1
charge is satisfied on reasonable grounds that the child 2
no longer continues to be at risk of contracting the 3
contagious condition. 4
(3) Subsection (4) applies if a child is not attending a school or 5
child care service because of a direction by the person in 6
charge after a direction of the chief executive under 7
section 169. 8
(4) The person in charge of the school or service may readmit the 9
child only if directed to do so by the chief executive. 10
(5) The chief executive may give the direction if-- 11
(a) for a child suspected of having a contagious condition, 12
the chief executive is satisfied a certificate signed by a 13
doctor has been given to the person in charge stating-- 14
(i) that the child does not have the condition; or 15
(ii) that the prescribed period for the condition has 16
ended; or 17
(b) for a child mentioned in section 169(2)(b), the chief 18
executive is satisfied on reasonable grounds that the 19
child no longer continues to be at risk of contracting the 20
the contagious condition. 21
Division 2 Information sharing 22
172 Chief executive may require details if child suspected of 23
having a contagious condition 24
(1) This section applies if the chief executive reasonably 25
suspects-- 26
(a) that a child (the first child) attending a school or child 27
care service has a contagious condition; and 28
(b) that other children attending the school or service may 29
be at risk of contracting the contagious condition. 30
(2) The chief executive may require a person in charge of the 31
school or child care service to give the chief executive, to the 32
extent it is available to the person in charge-- 33
s 173 118 s 173
Public Health Bill 2005
(a) information about the contact the first child has had with 1
other children attending the school or service; and 2
(b) the following information for the first child and each 3
other child with whom the first child has had contact-- 4
(i) the child's full name; 5
(ii) the child's place and date of birth; 6
(iii) the child's residential address; 7
(iv) contact details for at least 1 of the child's parents; 8
(v) if the contagious condition is a vaccine preventable 9
condition, whether the child has been vaccinated 10
for the condition. 11
(3) The person in charge of a school or child care service must 12
comply with a requirement of the chief executive under 13
subsection (2). 14
Maximum penalty--50 penalty units. 15
(4) This section applies despite any other provision of this Act or 16
any provision of another law that deals with confidentiality, 17
including, for example, the Child Care Act 2002, section 87 18
and the Education (General Provisions) Act 1989, 19
section 25.14 20
173 Giving health information held by the department 21
(1) Subsection (2) applies if the chief executive, a person in 22
charge of a school or child care service, or another person 23
involved in the administration of this part asks for health 24
information held by the department to be provided to the chief 25
executive, person in charge or other person. 26
(2) A person asked to provide health information held by the 27
department under subsection (1) may give the information if 28
the giving of the information is necessary for the 29
administration of this part. 30
14 Child Care Act 2002, section 87 (Confidentiality of records) and Education
(General Provisions) 1989, section 25 (School records and reports)
s 174 119 s 174
Public Health Bill 2005
(3) Subsection (4) applies if a person in charge of a school or 1
child care service asks for information held by the department 2
about whether a child attending a school or child care service 3
has been vaccinated for a vaccine preventable condition. 4
(4) The chief executive must provide the information to the 5
person in charge if the chief executive is satisfied that-- 6
(a) a child (the first child) attending the school or service 7
has, or is suspected of having the vaccine preventable 8
condition; and 9
(b) another child (the second child) attending the school or 10
service has had contact with the first child; and 11
(c) the information about the second child is necessary to 12
enable the person in charge to act under section 165 or 13
166. 14
(5) This section applies despite any other provision of this Act or 15
any provision of another law that deals with confidentiality, 16
including, for example, the Health Services Act 1991, 17
section 62A.15 18
Division 3 Confidentiality of information and 19
protection for persons 20
174 Definitions for div 3 21
In this division-- 22
confidential information means information that has become 23
known to a relevant person in the course of performing the 24
relevant person's functions under this part. 25
information includes a document. 26
relevant person means the following-- 27
(a) a person who is, or was, the chief executive; 28
(b) a person who is, or was, involved in the administration 29
or enforcement of this part, including, for example, a 30
health service employee or a public service employee. 31
15 Health Services Act 1991, section 62A (Confidentiality)
s 175 120 s 178
Public Health Bill 2005
175 Confidentiality of information 1
(1) A relevant person must not, whether directly or indirectly, 2
disclose confidential information. 3
Maximum penalty--50 penalty units. 4
(2) The Health Services Act 1991, section 62A, does not apply to 5
a relevant person in relation to confidential information. 6
176 Disclosure under an Act or another law 7
Section 175(1) does not apply if the disclosure of the 8
confidential information by a relevant person is authorised 9
under an Act or another law. 10
177 Disclosure under Act or with written consent etc. 11
Section 175(1) does not apply if the confidential information 12
is disclosed by a relevant person-- 13
(a) in the performance of functions under this Act; or 14
(b) if the information relates to a person who is an adult, 15
with the written consent of the person; or 16
(c) if the information relates to a person who is a child, with 17
the written consent of a parent of the child; or 18
(d) to the person to whom the information relates, if the 19
person is an adult; or 20
(e) to a parent of a child to whom the information relates; or 21
(f) in a form that could not identify any person. 22
178 Disclosure to a person to help prevent or minimise 23
transmission of a contagious condition 24
Section 175(1) does not apply if the disclosure of the 25
confidential information by a relevant person is to a person to 26
enable the person to help prevent or minimise the 27
transmission of a contagious condition. 28
s 179 121 s 180
Public Health Bill 2005
179 Protection for persons acting under pt 2 1
(1) This section applies if a person, acting honestly, gives 2
information or does something else under this part including, 3
for example, directing a parent to remove a child from a 4
school or child care service. 5
(2) The person is not liable, civilly, criminally or under an 6
administrative process, for doing the thing. 7
(3) Without limiting subsection (2), if the thing involves giving 8
information-- 9
(a) in a proceeding for defamation the person has a defence 10
of absolute privilege for publishing the information; and 11
(b) if the person would otherwise be required to maintain 12
confidentiality about the information given under an 13
Act, oath, rule of law or practice, the person-- 14
(i) does not contravene the Act, oath, rule of law or 15
practice by giving the information; and 16
(ii) is not liable to disciplinary action for giving the 17
information. 18
(4) Also, merely because the person gives the information, the 19
person can not be held to have-- 20
(a) breached any code of professional etiquette or ethics; or 21
(b) departed from accepted standards of professional 22
conduct. 23
(5) This section does not limit sections 175 to 178. 24
Division 4 Other action to control contagious 25
conditions 26
180 Directions to person in charge of school or child care 27
service 28
(1) If the chief executive is satisfied there is an outbreak of a 29
contagious condition at a school or child care service, the 30
chief executive may give a direction under subsection (3) to 31
the person in charge of the school or service. 32
s 181 122 s 181
Public Health Bill 2005
(2) However, the chief executive must not give a direction without 1
first consulting with the person in charge of the school or 2
service and with-- 3
(a) for a direction to be given to the person in charge of a 4
school--the chief executive of the department that 5
administers the Education (General Provisions) Act 6
1989 and the Education (Accreditation of Non-State 7
Schools) Act 2001; or 8
(b) for a direction to be given to the person in charge of a 9
child care service--the chief executive of the 10
department that administers the Child Care Act 2002. 11
(3) A direction must be in writing and state ways of minimising 12
the risk of contracting the contagious condition by children 13
and staff at the school or service including, for example, by -- 14
(a) preventing the sharing of eating utensils, drinking cups, 15
bed linen and clothing; or 16
(b) requiring that eating utensils, drinking cups, bed linen, 17
toys or other equipment be disinfected; or 18
(c) requiring that stated procedures for cleaning and 19
disinfecting be followed; or 20
(d) requiring the person in charge to give information to 21
staff, children or parents about the contagious condition 22
including about the way it may be treated and measures 23
to prevent its spread. 24
(4) The person in charge of the school or service must comply 25
with a direction by the chief executive. 26
Maximum penalty for subsection (4)--50 penalty units. 27
181 Temporary closure of school or child care service 28
(1) The Minister may, by notice given to the person in charge of a 29
school or child care service, order the closure of the school or 30
service for a period of not more than 1 month if the Minister is 31
satisfied-- 32
(a) there is an outbreak of a contagious condition at the 33
school or service; and 34
s 182 123 s 184
Public Health Bill 2005
(b) methods of controlling the outbreak will not be effective 1
without the temporary closure of the school or service. 2
(2) However, the Minister must not close a school or service 3
without first consulting-- 4
(a) if the closure relates to a school--the Minister who 5
administers the Education (General Provisions) Act 6
1989 and the Education (Accreditation of Non-State 7
Schools) Act 2001; or 8
(b) if the closure relates to a child care service--the 9
Minister who administers the Child Care Act 2002. 10
(3) The person in charge of the school or service must comply 11
with the Minister's order. 12
Maximum penalty for subsection (3)--100 penalty units. 13
Division 5 Appeals against order to close 14
school or child care service 15
182 Appeals against Minister's order to close school or child 16
care service 17
A person ordered by the Minister to close a school or child 18
care service may appeal to the Magistrates Court against the 19
order. 20
183 Appeals to District Court only on a question of law 21
A person aggrieved by the court's decision may appeal to the 22
District Court, but only on a question of law. 23
Division 6 Licensee must ensure person 24
complies with this part 25
184 Licensee must ensure person in charge complies with 26
pt 2 27
(1) A licensee of a child care service must ensure that the person 28
in charge of the child care service complies with this part. 29
s 185 124 s 185
Public Health Bill 2005
(2) If a person in charge of the child care service commits an 1
offence against a provision of this part, the licensee also 2
commits an offence, namely, the offence of failing to ensure 3
that the person in charge complies with the provision. 4
Maximum penalty-- 5
(a) if the licensee is an individual--the penalty for the 6
contravention of the provision by the person in charge; 7
or 8
(b) if the licensee is a corporation--a penalty equal to 9
5 times the amount of the penalty under paragraph (a). 10
(3) Evidence that the person in charge has been convicted of an 11
offence against a provision of this part is evidence that the 12
licensee committed the offence of failing to ensure that the 13
person in charge complies with the provision. 14
(4) However, it is a defence for a licensee to prove the licensee 15
exercised reasonable diligence to ensure the person in charge 16
complied with the provision. 17
Part 3 Child abuse and neglect 18
Division 1 Principles under which part 3 to be 19
administered 20
185 Guiding principles for pt 3 21
(1) This part is to be administered under the principle that the 22
welfare and best interests of a child are paramount. 23
(2) Subject to subsection (1), this part is to be administered under 24
the following principles-- 25
(a) every child has a right to protection from harm; 26
(b) families have the primary responsibility for the physical, 27
psychological and emotional wellbeing of their 28
children; 29
s 186 125 s 186
Public Health Bill 2005
(c) the preferred way of ensuring a child's wellbeing is 1
through the support of the child's family; 2
(d) powers conferred under this part should be exercised in 3
a way that is open, fair and respects the rights of people 4
affected by their exercise, and, in particular, in a way 5
that ensures-- 6
(i) the views of a child and the child's family are 7
considered; and 8
(ii) a child and the child's parents have the opportunity 9
to take part in making decisions affecting the 10
wellbeing of the child; 11
(e) a child should be kept informed of matters affecting him 12
or her in a way and to an extent that is appropriate, 13
having regard to the child's age and ability to 14
understand. 15
Division 2 Relationship with Child Protection 16
Act 1999 17
186 Relationship with Child Protection Act 1999 18
(1) If there is in force, for a child, both an order under the Child 19
Protection Act 1999 and a care and treatment order or an 20
extension of the care and treatment order, the order under the 21
Child Protection Act 1999 prevails to the extent of any 22
inconsistency. 23
(2) The Child Protection Act 1999, sections 22 and 186,16 include 24
provisions relevant to a professional giving a notice or other 25
information to the chief executive (child safety) under this 26
part. 27
16 Child Protection Act 1999, sections 22 (Protection from liability for notification of,
or information given about, alleged harm or risk of harm) and 186 (Confidentiality
of notifiers of harm or risk of harm)
s 187 126 s 188
Public Health Bill 2005
Division 3 Custody of child held at health 1
service facility 2
187 Person in charge of facility has custody of child held at 3
facility 4
(1) This section applies if a child -- 5
(a) is held at a health service facility under this part; or 6
(b) is being transferred from one health service facility to 7
another under this part. 8
(2) The person in charge of the health service facility at which the 9
child is held has custody of the child and has-- 10
(a) the right to have the child's daily care; and 11
(b) the right and responsibility to make decisions about the 12
child's daily care. 13
(3) Subsection (4) applies to a child being transferred from one 14
health service facility (the first facility) to another health 15
service facility (the second facility) under this part. 16
(4) The child is taken to be held at the first facility until the child 17
is accepted by the second facility after which the child is taken 18
to be held at the second facility. 19
Division 4 Designated medical officers 20
188 Appointment 21
(1) The person in charge of a health service facility may, by 22
written instrument, appoint a doctor to be a designated 23
medical officer. 24
(2) However, a doctor may be appointed as a designated medical 25
officer only if, in the opinion of the person in charge of the 26
health service facility, the doctor has the necessary expertise 27
or experience to be a designated medical officer. 28
s 189 127 s 191
Public Health Bill 2005
189 When person in charge taken to be a designated medical 1
officer 2
If the person in charge of a health service facility is a doctor, 3
the person is taken to be a designated medical officer while 4
the person is in charge of the facility. 5
190 Powers 6
(1) A designated medical officer has the powers given under this 7
part. 8
(2) Subsection (1) has effect subject to any limitation stated in the 9
designated medical officer's instrument of appointment. 10
Division 5 Notification of child abuse and 11
neglect 12
191 Mandatory reporting--immediate notice 13
(1) This section applies if-- 14
(a) a professional becomes aware, or reasonably suspects, 15
during the practice of his or her profession, that a child 16
has been, is being, or is likely to be, harmed; and 17
(b) as far as the professional is aware, no other professional 18
has notified the chief executive (child safety) under this 19
section about the harm or likely harm. 20
(2) The professional must immediately give notice of the harm or 21
likely harm to the chief executive (child safety)-- 22
(a) orally; or 23
(b) by facsimile, email or similar communication. 24
(3) The notice must include-- 25
(a) the following information, to the extent the professional 26
has it or can reasonably obtain it-- 27
(i) the child's name; 28
(ii) the child's date of birth; 29
(iii) the place or places where the child lives; 30
s 192 128 s 193
Public Health Bill 2005
(iv) the names of the child's parents; 1
(v) the place or places where the parents live or may 2
be contacted; and 3
(b) details of the harm or likely harm of which the 4
professional is aware or that the professional suspects; 5
and 6
(c) the professional's name, address and telephone number. 7
(4) To remove any doubt, it is declared that a professional may 8
need to seek further information about harm or likely harm to 9
a child before forming a reasonable suspicion about the 10
matter. 11
12
Example--
13
After physically examining a child, a professional considers it possible
14
that the child has been harmed. The professional obtains more
15
information by consulting with a colleague. After obtaining the further
16
information, the professional forms a reasonable suspicion that the child
17
has been harmed.
192 Mandatory reporting--follow-up notice 18
(1) This section applies if a professional gives notice orally under 19
section 191(2). 20
(2) Within 7 days after giving the oral notice, the professional 21
must give the chief executive (child safety) a notice about the 22
harm or likely harm. 23
(3) The notice must include the information, as at the time the 24
notice is given, about the matters stated in section 191(3). 25
(4) The professional must give the notice even if the professional 26
no longer believes or suspects the child has been, is being, or 27
is likely to be, harmed. 28
193 Offence 29
A professional who fails to give a notice under section 191 or 30
192 commits an offence. 31
Maximum penalty--50 penalty units. 32
s 194 129 s 195
Public Health Bill 2005
194 Further information may be required 1
(1) This section applies if-- 2
(a) a professional has given the chief executive (child 3
safety) a notice about harm or likely harm under 4
section 191 or 192; and 5
(b) the chief executive (child safety) reasonably considers 6
further information is needed to properly assess the 7
harm or likely harm. 8
(2) The chief executive (child safety) may ask the professional, 9
orally or in writing, for stated further information within a 10
reasonable stated time. 11
(3) The professional must comply with the request, unless the 12
professional has a reasonable excuse. 13
Maximum penalty--50 penalty units. 14
(4) A professional is not liable to be prosecuted for an offence 15
against subsection (3) unless the chief executive (child 16
safety), when making the request, warns the professional it is 17
an offence to fail to comply with the request unless the 18
professional has a reasonable excuse. 19
195 Protection from liability for giving information to 20
professional 21
(1) This section applies if a person, acting honestly, gives 22
information to a professional by-- 23
(a) telling the professional that the person is aware, or 24
suspects, that a child has been, is being, or is likely to 25
be, harmed; or 26
(b) giving other information relating to the harm mentioned 27
in paragraph (a). 28
29
Examples of persons who may give information to a professional under
30
this section--
31
· a fellow professional seeking help to decide whether there are
32
reasonable grounds for forming a suspicion that the child has been
33
harmed
34
· a health care worker, administrative worker in a health practice,
35
emergency services officer, teacher or other person who, in the
s 196 130 s 196
Public Health Bill 2005
1
course of the person's employment, observed something that raised
2
a suspicion the child had been harmed
3
· a relative or friend of the child
(2) The person is not liable, civilly, criminally or under an 4
administrative process, for giving the information. 5
(3) Without limiting subsection (2)-- 6
(a) in a proceeding for defamation, the person has a defence 7
of absolute privilege for publishing the information; and 8
(b) if the person would otherwise be required to maintain 9
confidentiality about the information under an Act, oath, 10
rule of law or practice, the person-- 11
(i) does not contravene the Act, oath, rule of law or 12
practice by giving the information; and 13
(ii) is not liable to disciplinary action for giving the 14
information. 15
(4) Also, merely because the person gives the information, the 16
person can not be held to have-- 17
(a) breached any code of professional etiquette or ethics; or 18
(b) departed from accepted standards of professional 19
conduct. 20
196 Confidentiality of notifiers 21
(1) This section applies if a person (the notifier) gives 22
information under section 195(1) to a professional. 23
(2) The professional to whom the information is given, or another 24
person who becomes aware of the identity of the notifier, must 25
not disclose the identity of the notifier to another person 26
except-- 27
(a) as permitted or required under this part; or 28
(b) in the course of performing functions under a child 29
protection law to another person performing functions 30
under a child protection law; or 31
s 196 131 s 196
Public Health Bill 2005
(c) under the Child Protection (International Measures) Act 1
2003, part 6;17 or 2
(d) to the ombudsman for the conduct of an investigation 3
under the Ombudsman Act 2001; or 4
(e) by way of evidence given in a legal proceeding under 5
subsections (4) and (5). 6
Maximum penalty--50 penalty units. 7
(3) Also, the chief executive (child safety) may disclose the 8
identity of the notifier to the Commissioner for Children and 9
Young People and Child Guardian under the Commission for 10
Children and Young People and Child Guardian Act 2000, 11
section 46.18 12
(4) Subject to subsection (5)-- 13
(a) evidence of the identity of the notifier or from which the 14
identity of the notifier could be deduced must not be 15
given in a proceeding before a court or tribunal without 16
leave of the court or tribunal; and 17
(b) unless leave is granted, a party or witness in the 18
proceeding-- 19
(i) must not be asked, and, if asked, can not be 20
required to answer, any question that can not be 21
answered without disclosing the identity of, or 22
leading to the identification of, the notifier; and 23
(ii) must not be asked to produce, and, if asked, can 24
not be required to produce, any document that 25
identifies, or may lead to the identification of, the 26
notifier. 27
(5) The court or tribunal must not grant leave unless-- 28
(a) it is satisfied-- 29
(i) the evidence is of critical importance in the 30
proceeding; and 31
17 Child Protection (International Measures) Act 2003, part 6 (Co-operation and other
matters)
18 Commission for Children and Young People and Child Guardian Act 2000,
section 46 (Identity of notifier under Child Protection Act 1999)
s 197 132 s 197
Public Health Bill 2005
(ii) there is compelling reason in the public interest for 1
disclosure; or 2
(b) the notifier agrees to the evidence being given in the 3
proceeding. 4
(6) In deciding whether to grant leave, the court or tribunal must 5
take into account-- 6
(a) the possible effects of disclosure on the safety or welfare 7
of the notifier and the notifier's family; and 8
(b) the public interest in maintaining confidentiality of 9
notifiers. 10
(7) As far as practicable, an application for leave must be heard in 11
a way that protects the identity of the notifier pending a 12
decision on the application. 13
(8) In this section-- 14
child protection law means-- 15
(a) the Child Protection Act 1999; or 16
(b) a child welfare law or interstate law of another State 17
within the meanings given by the Child Protection Act 18
1999, schedule 3. 19
Division 6 Care and treatment order for child 20
197 Designated medical officer may make care and treatment 21
order for child 22
(1) This section applies if a designated medical officer becomes 23
aware, or reasonably suspects, that a child at a health service 24
facility-- 25
(a) has been harmed or is at risk of harm; and 26
(b) is likely to leave or be taken from the facility and suffer 27
harm if the designated medical officer does not take 28
immediate action. 29
(2) The designated medical officer may order that the child be 30
held at the facility (a care and treatment order). 31
s 198 133 s 198
Public Health Bill 2005
(3) The designated medical officer must immediately make a 1
written record of the care and treatment order that includes the 2
following-- 3
(a) details of the child's condition; 4
(b) the reasons for the order; 5
(c) the name of the facility where the child is held; 6
(d) the time that is 48 hours from the time the order is made. 7
(4) The designated medical officer must explain to the child in 8
general terms the purpose and effect of the order.19 9
198 Designated medical officer must notify person in charge 10
of facility where child held 11
(1) This section applies if a designated medical officer has 12
ordered that a child be held at a health service facility. 13
(2) The designated medical officer must give the person in charge 14
of the facility notice of the order as soon as practicable after 15
the child is held. 16
(3) Subsection (2) does not apply if the designated medical officer 17
and the person in charge are the same person. 18
(4) The notice must include the following-- 19
(a) details of the harm or risk of harm of which the 20
designated medical officer is aware or suspected by the 21
designated medical officer; 22
(b) the time that is 48 hours from the time the order is made 23
when the order ends; 24
(c) the name, address and telephone number of-- 25
(i) the designated medical officer; and 26
(ii) if notice has been given under section 191(2)--the 27
professional who gave the notice if the designated 28
medical officer has these details; 29
(d) to the extent it can reasonably be obtained-- 30
19 See also section 461(5) (Compliance with provisions about explaining and giving
documents).
s 199 134 s 200
Public Health Bill 2005
(i) the child's name, date of birth and residential 1
address or another address at which the child may 2
live; and 3
(ii) the name and residential address of the parents of 4
the child or another address at which the parents 5
may be contacted. 6
199 Designated medical officer must advise chief executive 7
(child safety) 8
(1) This section applies if a designated medical officer has 9
ordered that a child be held at a health service facility. 10
(2) The designated medical officer must give the chief executive 11
(child safety) notice of the order as soon as practicable after 12
the order is made. 13
(3) The notice must include the same information as that required 14
for the notice under section 198(4). 15
200 Designated medical officer must advise parents of child 16
held 17
(1) As soon as practicable after making a care and treatment order 18
for a child, the designated medical officer must-- 19
(a) tell at least 1 of the child's parents about the order 20
including the matters contained in the written record of 21
the order; and 22
(b) tell the parent that it is an offence to remove the child 23
from the health service facility while the order is in 24
force; and 25
(c) if asked by the parent, give the parent a copy of the 26
written record of the order; and 27
(d) tell the parent that the parent may choose to have the 28
child examined by a doctor chosen by the parent. 29
(2) However, the designated medical officer need not comply 30
with subsection (1) if the officer reasonably believes-- 31
(a) someone may be charged with a criminal offence for 32
harm to the child and the officer's compliance with the 33
s 201 135 s 201
Public Health Bill 2005
subsection may jeopardise an investigation into the 1
offence; or 2
(b) compliance with the subsection may expose the child to 3
harm. 4
Division 7 Extension of care and treatment 5
order 6
201 Designated medical officer may extend care and 7
treatment order 8
(1) This section applies if a designated medical officer considers 9
that a care and treatment order for a child should be extended. 10
(2) The designated medical officer may extend the order within 11
48 hours after the order was first made to a time that is not 12
more than 96 hours after the order was first made. 13
(3) The designated medical officer may not extend the order 14
unless the designated medical officer consults with another 15
designated medical officer and the other designated medical 16
officer agrees that the order should be extended. 17
(4) The designated medical officer extending the order must make 18
a written record of the extension of the care and treatment 19
order that includes the following-- 20
(a) the designated medical officer's name, address and 21
telephone number; 22
(b) the reasons for the extension of the order; 23
(c) the name, address and telephone number of the 24
designated medical officer consulted by the designated 25
medical officer extending the order; 26
(d) a statement that the designated medical officer consulted 27
agreed that the order should be extended; 28
(e) the time to which the order is extended. 29
(5) To remove any doubt, it is declared that the designated 30
medical officer who extends the order need not be the 31
designated medical officer who gave the order. 32
s 202 136 s 204
Public Health Bill 2005
202 Designated medical officer must notify person in charge 1
of facility about extension of order 2
(1) This section applies if a care and treatment order for a child 3
has been extended. 4
(2) The designated medical officer extending the order must 5
advise the person in charge of the health service facility at 6
which the child is held about the extension of the order and 7
must include the information mentioned in section 201(4). 8
(3) Subsection (2) does not apply if the designated medical officer 9
and the person in charge are the same person. 10
203 Designated medical officer must advise chief executive 11
(child safety) about extension of order 12
(1) This section applies if a care and treatment order for a child 13
has been extended. 14
(2) The designated medical officer extending the order must 15
advise the chief executive (child safety) about the extension of 16
the order and must include the information mentioned in 17
section 201(4). 18
204 Designated medical officer must advise child's parents 19
about extension of order 20
(1) This section applies if a care and treatment order for a child 21
has been extended by a designated medical officer. 22
(2) The designated medical officer extending the order must-- 23
(a) advise the child's parents about the extension of the 24
order including the following-- 25
(i) the reasons for the extension; 26
(ii) the time when the order ends; and 27
(b) if asked by the parent, give the parent a copy of the 28
reasons for the extension of the order. 29
(3) However, the designated medical officer need not comply 30
with subsection (2) if the officer reasonably believes-- 31
(a) someone may be charged with a criminal offence for 32
harm to the child and the officer's compliance with the 33
s 205 137 s 207
Public Health Bill 2005
subsection may jeopardise an investigation into the 1
offence; or 2
(b) compliance with the subsection may expose the child to 3
harm. 4
Division 8 Enforcement and duration of care 5
and treatment order 6
205 Enforcement of care and treatment order 7
(1) A designated medical officer may use the help and force that 8
is reasonable in the circumstances to hold a child at a health 9
service facility, or transfer a child to another health service 10
facility under section 211. 11
(2) A person authorised by a designated medical officer may help 12
the designated medical officer to hold or transfer the child. 13
206 Duration of order 14
(1) A care and treatment order starts when the order is made and 15
ends 48 hours after it is made or, if the order is extended under 16
section 201, the time to which it is extended. 17
(2) However, a designated medical officer may release a child 18
before an order ends if the designated medical officer is 19
satisfied the reason for the order no longer exists. 20
(3) If a designated medical officer releases a child, the officer 21
must make a written record of the release that includes the 22
following-- 23
(a) the reasons for the release; 24
(b) the time of the release; 25
(c) the person into whose care the child is released. 26
207 Limit on the number of care and treatment orders 27
(1) This section applies if a care and treatment order has been 28
made for a child because of harm, or a risk of harm, to the 29
child. 30
s 208 138 s 208
Public Health Bill 2005
(2) A further care and treatment order may not be made for the 1
child in relation to harm, or a risk of harm, arising from the 2
same event or circumstances that gave rise to the care and 3
treatment order mentioned in subsection (1). 4
(3) Nothing in this section prevents a subsequent care and 5
treatment order being made for a child for harm, or a risk of 6
harm, that arises from an event or circumstances that happens 7
after the end of an earlier care and treatment order. 8
Division 9 Chief executive (child safety) may 9
require information about child held 10
under care and treatment order 11
208 Chief executive (child safety) may require information 12
from designated medical officer 13
(1) This section applies if the chief executive (child safety) 14
considers information is required about a child held under a 15
care and treatment order. 16
(2) The chief executive (child safety) may ask a designated 17
medical officer, orally or in writing, for stated information 18
about the child, within a reasonable stated time. 19
(3) The designated medical officer must comply with the request 20
to the extent the designated medical officer is able to do so, 21
unless the designated medical officer has a reasonable excuse. 22
Maximum penalty--50 penalty units. 23
(4) The designated medical officer is not liable to be prosecuted 24
for an offence against subsection (3) unless the chief 25
executive (child safety), when making the request, warns the 26
designated medical officer it is an offence to fail to comply 27
with the request to the extent the designated medical officer is 28
able to do so, unless the designated medical officer has a 29
reasonable excuse. 30
(5) A person who gives information requested under this section 31
who would otherwise be required to maintain confidentiality 32
about the information given under an Act,20 oath, rule of law 33
or practice-- 34
s 209 139 s 209
Public Health Bill 2005
(a) does not contravene the Act, oath, rule of law or practice 1
by giving the information; and 2
(b) is not liable to disciplinary action for giving the 3
information. 4
(6) Also, merely because the person gives the information, the 5
person can not be held to have-- 6
(a) breached any code of professional etiquette or ethics; or 7
(b) departed from accepted standards of professional 8
conduct. 9
Division 10 Measures that may be taken in 10
relation to a child held under a care 11
and treatment order 12
209 Medical examination or treatment of child held under 13
order 14
(1) This section applies if a designated medical officer orders that 15
a child be held at a health service facility. 16
(2) The child may be medically examined or treated at the facility 17
or another facility to which the child is transferred. 18
(3) Subsection (2) applies even though the child's parents have 19
not consented to the examination or treatment. 20
(4) However, subsection (2) is subject to the rights the child has in 21
relation to the examination or treatment, in particular, the 22
Charter of rights for a child in care contained in the Child 23
Protection Act 1999, schedule 1. 24
(5) Also, only the examination or treatment reasonable in the 25
circumstances may be carried out. 26
(6) For the purpose of deciding any liability in relation to the 27
carrying out of the examination or treatment, the consent of 28
the child's parents to the examination or treatment is taken to 29
have been given. 30
20 See for example the Health Services Act 1991, section 62A.
s 210 140 s 211
Public Health Bill 2005
210 Designated medical officer may request information from 1
doctors 2
(1) This section applies if a designated medical officer considers 3
a doctor may hold information relevant to the health of a child 4
the subject of a care and treatment order. 5
(2) The designated medical officer may ask the doctor for the 6
information. 7
(3) A doctor who gives information requested under this section 8
who would otherwise be required to maintain confidentiality 9
about the information given under an Act, oath, rule of law or 10
practice-- 11
(a) does not contravene the Act, oath, rule of law or practice 12
by giving the information; and 13
(b) is not liable to disciplinary action for giving the 14
information. 15
(4) Also, merely because the person gives the information, the 16
person can not be held to have-- 17
(a) breached any code of professional etiquette or ethics; or 18
(b) departed from accepted standards of professional 19
conduct. 20
211 Transfer of child from one facility to another 21
(1) This section applies if-- 22
(a) a child is held at a health service facility under a care 23
and treatment order; and 24
(b) a designated medical officer considers it is necessary to 25
transfer the child to, and hold the child at, another health 26
service facility to appropriately medically examine or 27
treat the child. 28
(2) The child may be transferred to, and held at, the other facility. 29
(3) The care and treatment order continues to apply to the child 30
while the child is at the other facility. 31
(4) The designated medical officer must advise the person in 32
charge of the other facility of the proposed transfer. 33
s 212 141 s 213
Public Health Bill 2005
(5) Also, the designated medical officer must give the child's 1
parents and the chief executive (child safety) notice of the 2
transfer as soon as practicable after the designated medical 3
officer decides to transfer the child. 4
(6) However, the designated medical officer need not notify the 5
child's parents under subsection (5) if the officer reasonably 6
believes-- 7
(a) someone may be charged with a criminal offence for 8
harm to the child and the officer's compliance with the 9
subsection may jeopardise an investigation into the 10
offence; or 11
(b) compliance with the subsection may expose the child to 12
harm. 13
212 Parent may choose doctor to examine child 14
A designated medical officer, if asked by a parent of the child 15
held at a health care facility under a care and treatment order, 16
must-- 17
(a) advise a doctor chosen by the parent of the examination 18
or treatment undertaken for the child; and 19
(b) allow the child to be examined by the doctor at the 20
facility. 21
Division 11 Offences relating to child held at 22
health service facility 23
213 Offence to remove child 24
(1) This section applies if a child is held at a health service 25
facility under this part. 26
(2) A person must not-- 27
(a) obstruct a designated medical officer or another person 28
involved in holding a child under a care and treatment 29
order; or 30
(b) remove the child-- 31
s 214 142 s 214
Public Health Bill 2005
(i) from the facility; or 1
(ii) during transfer from one facility to another; or 2
(c) if the child has been removed from the facility or during 3
the transfer, keep the child. 4
Maximum penalty--200 penalty units or 18 months 5
imprisonment. 6
(3) Subsection (2) applies whether the child is kept within or 7
outside Queensland. 8
Chapter 6 Health information 9
management 10
Part 1 Perinatal statistics 11
Division 1 Definitions 12
214 Definitions for pt 1 13
In this part-- 14
baby means a baby born alive or a baby not born alive. 15
baby born alive means a baby whose heart has beaten after 16
delivery of the baby is completed. 17
baby not born alive means a baby-- 18
(a) who has shown no sign of respiration or heartbeat, or 19
other sign of life, after completely leaving the child's 20
mother; and 21
(b) who-- 22
(i) has been gestated for 20 weeks or more; or 23
(ii) weighs 400 grams or more. 24
collection means the Perinatal Statistics Collection. 25
s 215 143 s 216
Public Health Bill 2005
delivery means the expulsion or extraction of a baby from its 1
mother. 2
designated person, in relation to a delivery, means-- 3
(a) if the delivery happens in a hospital, the person in 4
charge of the hospital; or 5
(b) if the delivery happens elsewhere than in a hospital-- 6
(i) if the delivery is attended by a doctor--the doctor; 7
or 8
(ii) if the delivery is not attended by a doctor, but is 9
attended by a midwife--the midwife; or 10
(iii) if the delivery is not attended by a doctor or 11
midwife but a doctor undertakes the care and 12
treatment of the mother or baby, because of the 13
delivery of the baby, within 3 months of the 14
delivery--the doctor; or 15
(iv) in any other case--the mother. 16
midwife see the Nursing Act 1992, section 4. 17
Perinatal Statistics Collection see section 215(3). 18
Division 2 Establishment and purposes of 19
collection 20
215 Collection 21
(1) The chief executive must keep a collection of perinatal 22
statistics. 23
(2) The chief executive may keep the collection in a form the 24
chief executive considers appropriate, including an electronic 25
form. 26
(3) The collection is to be known as the Perinatal Statistics 27
Collection. 28
216 Purposes of collection 29
The purposes for establishing the collection are as follows-- 30
s 217 144 s 218
Public Health Bill 2005
(a) to collect data to help in-- 1
(i) monitoring and analysing obstetric and perinatal 2
patterns and outcomes; and 3
(ii) monitoring perinatal mortality rates; and 4
(iii) researching perinatal care; and 5
(iv) monitoring congenital abnormalities; 6
(b) to help in the planning of obstetric and perinatal health 7
services. 8
Division 3 Notifications about perinatal 9
statistics 10
217 Giving notifications to chief executive 11
After a delivery, the designated person must, within the time 12
prescribed under a regulation, notify the chief executive in the 13
approved form. 14
Maximum penalty--20 penalty units. 15
218 Further information may be required 16
(1) This section applies if the chief executive considers further 17
information is required in relation to the notification to ensure 18
the accuracy, completeness or integrity of the collection. 19
(2) The chief executive may give the designated person a notice 20
requiring the designated person to give the further information 21
stated in the notice to the chief executive within the 22
reasonable time stated in the notice. 23
(3) The notice must warn the person that failure to comply with 24
the notice is an offence under this Act. 25
(4) A person given a notice under subsection (2) must comply 26
with the notice. 27
Maximum penalty--20 penalty units. 28
(5) A person who gives information requested under this section 29
who would otherwise be required to maintain confidentiality 30
s 219 145 s 219
Public Health Bill 2005
about the information given under an Act,21 oath, rule of law 1
or practice-- 2
(a) does not contravene the Act, oath, rule of law or practice 3
by giving the information; and 4
(b) is not liable to disciplinary action for giving the 5
information. 6
(6) Also, merely because the person gives the information, the 7
person can not be held to have-- 8
(a) breached any code of professional etiquette or ethics; or 9
(b) departed from accepted standards of professional 10
conduct. 11
Division 4 Confidentiality 12
219 Definitions for div 4 13
In this division-- 14
confidential information means information that has become 15
known to a relevant person in the course of performing the 16
relevant person's functions under this part or the repealed 17
provisions. 18
entity of the State includes a department and an entity 19
established under an Act for a public purpose. 20
information includes a document. 21
relevant person means the following-- 22
(a) a person who is, or was, the chief executive; 23
(b) a person who is, or was, involved in the administration 24
or enforcement of this part, including, for example, a 25
health service employee or a public service employee; 26
(c) a person who was involved in the administration or 27
enforcement of the repealed provisions. 28
repealed provisions means-- 29
21 See for example the Health Services Act 1991, section 62A.
s 220 146 s 223
Public Health Bill 2005
(a) the Health Act 1937, part 3, division 12; and 1
(b) the Health Regulation 1996, part 9. 2
220 Confidentiality of information 3
(1) A relevant person must not, whether directly or indirectly, 4
disclose confidential information. 5
Maximum penalty--50 penalty units. 6
(2) The Health Services Act 1991, section 62A, does not apply to 7
a relevant person in relation to confidential information. 8
221 Disclosure under an Act or another law 9
Section 220(1) does not apply if the disclosure of the 10
confidential information by a relevant person is authorised 11
under an Act or another law. 12
222 Disclosure under Act or with written consent etc. 13
Section 220(1) does not apply if the confidential information 14
is disclosed by a relevant person-- 15
(a) in the performance of functions under this Act; or 16
(b) with the written consent of the person to whom the 17
information relates; or 18
(c) to the person to whom the information relates; or 19
(d) in a form that could not identify any person. 20
223 Disclosure of confidential information in the public 21
interest 22
(1) Section 220(1) does not apply to the disclosure of confidential 23
information by a relevant person if-- 24
(a) the chief executive believes, on reasonable grounds, the 25
disclosure is in the public interest; and 26
(b) the chief executive has, in writing, authorised the 27
disclosure. 28
s 224 147 s 225
Public Health Bill 2005
(2) The department's annual report for a financial year under the 1
Financial Administration and Audit Act 1977 must include 2
details of-- 3
(a) the nature of any confidential information disclosed 4
under subsection (1) during the financial year; and 5
(b) the purpose for which the confidential information was 6
disclosed. 7
(3) However, the details mentioned in subsection (2)(a) must not 8
identify, directly or indirectly, the person to whom the 9
confidential information relates. 10
(4) Despite the Public Service Act 1996, section 57, the chief 11
executive may not delegate the chief executive's power under 12
subsection (1). 13
224 Disclosure for data collection and public health 14
monitoring 15
Section 220(1) does not apply to the disclosure of confidential 16
information by a relevant person if-- 17
(a) the disclosure is to an employee of the department or a 18
person approved by the chief executive who is 19
contracted by the department to analyse, monitor or 20
evaluate public health; and 21
(b) the disclosure and receipt of the confidential 22
information is for analysing, monitoring or evaluating 23
public health; and 24
(c) the employee of the department or other person is 25
authorised in writing by the chief executive to receive 26
the confidential information. 27
225 Disclosure for purposes relating to health services 28
Section 220(1) does not apply to the disclosure of confidential 29
information by a relevant person if-- 30
(a) the disclosure is to an employee of the department or a 31
person approved by the chief executive who is 32
contracted by the department to evaluate, manage, 33
monitor or plan health services; or 34
s 226 148 s 226
Public Health Bill 2005
(b) the disclosure is to an entity prescribed under a 1
regulation for this paragraph for evaluating, managing, 2
monitoring or planning health services as stated in the 3
regulation. 4
226 Disclosure to Commonwealth, another State or 5
Commonwealth or State entity 6
(1) Section 220(1) does not apply to the disclosure of confidential 7
information by the chief executive if-- 8
(a) the disclosure is to the Commonwealth or another State, 9
or an entity of the Commonwealth or another State and 10
the disclosure-- 11
(i) is required or allowed under an agreement-- 12
(A) between Queensland and the 13
Commonwealth, State or entity; and 14
(B) prescribed under a regulation for this 15
paragraph; and 16
(ii) is considered by the chief executive to be in the 17
public interest; or 18
(b) the disclosure is to an entity of the State and the 19
disclosure-- 20
(i) is required or allowed under an agreement-- 21
(A) between the chief executive and the entity; 22
and 23
(B) prescribed under a regulation for this 24
paragraph; and 25
(ii) is considered by the chief executive to be in the 26
public interest. 27
(2) The Commonwealth, a State or entity that receives 28
confidential information under an agreement under 29
subsection (1)-- 30
(a) must not give it to anyone else unless allowed to do so 31
by the agreement or in writing by the chief executive; 32
and 33
s 227 149 s 229
Public Health Bill 2005
(b) must ensure the confidential information is used only for 1
the purpose for which it was given under the agreement. 2
227 Disclosure to approved quality assurance committee 3
Section 220(1) does not apply to the disclosure of confidential 4
information by a relevant person if the disclosure is to an 5
approved quality assurance committee, or to a person 6
authorised by the committee to receive the confidential 7
information, to allow the committee to perform its functions. 8
228 Disclosure to allow chief executive to act 9
Section 220(1) does not apply if the disclosure of the 10
confidential information by a relevant person is to the chief 11
executive to allow the chief executive to act under this 12
division. 13
Part 2 Cancer notifications 14
Division 1 Definitions 15
229 Definitions for pt 2 16
In this part-- 17
cancer means either of the following-- 18
(a) a neoplasm of human tissue-- 19
(i) in which cell multiplication is uncontrolled and 20
progressive; and 21
(ii) that, if unchecked, may invade adjacent tissues or 22
extend beyond its site of origin; and 23
(iii) that has the propensity to recur, either locally or 24
remotely in the body; 25
s 230 150 s 231
Public Health Bill 2005
(b) skin cancer and non-invasive carcinoma, other than skin 1
cancer and non-invasive carcinoma of a type prescribed 2
under a regulation. 3
contractor see section 232(1). 4
notification about cancer means a notification under 5
section 234 or 235. 6
Queensland Cancer Register see section 230(4). 7
register means the Queensland Cancer Register. 8
residential care facility means a residential care service 9
within the meaning of the Aged Care Act 1997 (Cwlth). 10
Division 2 Establishment and purposes of 11
register 12
230 Register 13
(1) The chief executive must keep a register of the persons for 14
whom notifications about cancer have been given to the chief 15
executive or the contractor. 16
(2) The register must include deceased persons for whom 17
notifications about cancer have been given. 18
(3) The chief executive may keep the register in a form the chief 19
executive considers appropriate, including an electronic form. 20
(4) The register is to be known as the Queensland Cancer 21
Register. 22
231 Purposes of register 23
The purposes for establishing the register are as follows-- 24
(a) to collect data to help in-- 25
(i) monitoring and analysing the outcomes and 26
patterns of cancer; and 27
(ii) monitoring cancer mortality; and 28
(iii) increasing public awareness of cancer; 29
s 232 151 s 234
Public Health Bill 2005
(b) to help in the planning of services and strategies for the 1
prevention and management of cancer. 2
232 Responsibility for keeping of register 3
(1) The chief executive may enter into a written agreement with a 4
person prescribed under a regulation (the contractor) for the 5
contractor to keep the register for the chief executive. 6
(2) The chief executive must take reasonable steps to ensure the 7
contractor complies with the agreement. 8
Division 3 Notifications about cancer 9
233 Application of div 3 10
An obligation to notify or give information under this division 11
for a person includes an obligation to notify or give 12
information for a deceased person. 13
234 Notifications about cancer to be given to chief executive 14
(1) If a pathological examination of a specimen of human origin 15
indicates that the person from whom the specimen was taken 16
is or was suffering from cancer, the director of the pathology 17
laboratory where the examination is undertaken-- 18
(a) must complete a notification for the person; and 19
(b) must give the notification to the chief executive within 20
the time prescribed under a regulation. 21
Maximum penalty--20 penalty units. 22
(2) A notification for a person under subsection (1) must-- 23
(a) be given for each pathological examination; and 24
(b) include the name of the doctor who referred the person's 25
specimen for pathological examination; and 26
(c) be in the approved form. 27
(3) The person in charge of a hospital or residential care facility 28
must give a notification to the chief executive within the time 29
s 235 152 s 235
Public Health Bill 2005
prescribed under a regulation if a person known to be 1
suffering from cancer who is a patient in the hospital or a 2
resident of the residential care facility-- 3
(a) separates from the hospital; or 4
(b) ceases to be a resident of the facility. 5
Maximum penalty--20 penalty units. 6
(4) A notification for a person under subsection (3) must be in the 7
approved form. 8
(5) The person in charge of a hospital must give a notification to 9
the chief executive about a person if-- 10
(a) the person is known to have cancer; and 11
(b) the person is attending the hospital as an outpatient to 12
receive treatment for cancer; and 13
(c) it is the first time in the calendar year the person has 14
attended the hospital as an outpatient to receive 15
treatment for cancer. 16
Maximum penalty--20 penalty units. 17
(6) A notification for a person under subsection (5) must be in the 18
approved form. 19
235 Directions to give notifications about cancer to 20
contractor 21
(1) If a person must, under section 234(1), (3) or (5), give a 22
notification about cancer to the chief executive, the chief 23
executive may give a written direction to the person to give 24
the notification to the contractor in place of the chief 25
executive. 26
(2) A direction must state-- 27
(a) the name and address of the contractor; and 28
(b) the day the direction is to take effect. 29
(3) A person to whom a direction is given under subsection (1) 30
must comply with the direction. 31
Maximum penalty--20 penalty units. 32
s 236 153 s 236
Public Health Bill 2005
(4) If, under a direction, a person gives a notification about cancer 1
to the contractor and does not give it to the chief executive, 2
the person does not contravene section 234 in relation to the 3
notification. 4
(5) The chief executive must monitor compliance with this 5
section. 6
236 Further information may be required 7
(1) This section applies if the chief executive or contractor 8
considers further information is required in relation to a 9
notification about cancer to ensure the accuracy, 10
completeness or integrity of the register. 11
(2) The chief executive or contractor may give any of the 12
following persons a notice requiring the person to give the 13
further information stated in the notice to the chief executive 14
or contractor within the reasonable time stated in the notice-- 15
(a) the person who gave the notification; 16
(b) the doctor mentioned in the notification as the doctor 17
who referred the specimen for pathological 18
examination; 19
(c) another doctor who has information that may ensure the 20
accuracy, completeness or integrity of the register. 21
(3) The notice must warn the person that failure to comply with 22
the notice is an offence under this Act. 23
(4) A person given a notice under subsection (2) must comply 24
with the notice. 25
Maximum penalty--20 penalty units. 26
(5) A person who gives information requested under this section 27
who would otherwise be required to maintain confidentiality 28
about the information given under an Act,22 oath, rule of law 29
or practice-- 30
(a) does not contravene the Act, oath, rule of law or practice 31
by giving the information; and 32
22 See for example the Health Services Act 1991, section 62A.
s 237 154 s 237
Public Health Bill 2005
(b) is not liable to disciplinary action for giving the 1
information. 2
(6) Also, merely because the person gives the information, the 3
person can not be held to have-- 4
(a) breached any code of professional etiquette or ethics; or 5
(b) departed from accepted standards of professional 6
conduct. 7
Division 4 Confidentiality 8
237 Definitions for div 4 9
In this division-- 10
confidential information means information that has become 11
known to a relevant person in the course of performing the 12
relevant person's functions under this part or the repealed 13
provisions. 14
entity of the State includes a department and an entity 15
established under an Act for a public purpose. 16
information includes a document. 17
relevant person means the following-- 18
(a) a person who is, or was, the chief executive; 19
(b) a person who is, or was, involved in the administration 20
of this part, including, for example, a health service 21
employee or a public service employee, but not 22
including a contractor or an employee of a contractor; 23
(c) a person who was involved in the administration or 24
enforcement of the repealed provisions. 25
repealed provisions means-- 26
(a) the Health Act 1937, part 3, division 10; or 27
(b) the Health Regulation 1996, part 3. 28
s 238 155 s 241
Public Health Bill 2005
238 Confidentiality of information 1
(1) A relevant person must not, whether directly or indirectly, 2
disclose confidential information. 3
Maximum penalty--50 penalty units. 4
(2) The Health Services Act 1991, section 62A, does not apply to 5
a relevant person in relation to confidential information. 6
239 Disclosure under an Act or another law 7
Section 238(1) does not apply if the disclosure of the 8
confidential information by a relevant person is authorised 9
under an Act or another law. 10
240 Disclosure under Act or with written consent etc. 11
Section 238(1) does not apply if the confidential information 12
is disclosed by a relevant person-- 13
(a) in the performance of functions under this Act; or 14
(b) with the written consent of the person to whom the 15
information relates; or 16
(c) to the person to whom the information relates; or 17
(d) in a form that could not identify any person. 18
241 Disclosure of confidential information in the public 19
interest 20
(1) Section 238(1) does not apply to the disclosure of confidential 21
information by a relevant person if-- 22
(a) the chief executive believes, on reasonable grounds, the 23
disclosure is in the public interest; and 24
(b) the chief executive has, in writing, authorised the 25
disclosure. 26
(2) The department's annual report for a financial year under the 27
Financial Administration and Audit Act 1977 must include 28
details of-- 29
(a) the nature of any confidential information disclosed 30
under subsection (1) during the financial year; and 31
s 242 156 s 243
Public Health Bill 2005
(b) the purpose for which the confidential information was 1
disclosed. 2
(3) However, the details mentioned in subsection (2)(a) must not 3
identify, directly or indirectly, the person to whom the 4
confidential information relates. 5
(4) Despite the Public Service Act 1996, section 57, the chief 6
executive may not delegate the chief executive's power under 7
subsection (1). 8
242 Disclosure for data collection and public health 9
monitoring 10
Section 238(1) does not apply to the disclosure of confidential 11
information by a relevant person if-- 12
(a) the disclosure is to an employee of the department or a 13
person approved by the chief executive who is 14
contracted by the department to analyse, monitor or 15
evaluate public health; and 16
(b) the disclosure and receipt of the confidential 17
information is for analysing, monitoring or evaluating 18
public health; and 19
(c) the employee of the department or other person is 20
authorised in writing by the chief executive to receive 21
the confidential information. 22
243 Disclosure for purposes relating to health services 23
Section 238(1) does not apply to the disclosure of confidential 24
information by a relevant person if-- 25
(a) the disclosure is to an employee of the department or a 26
person approved by the chief executive who is 27
contracted by the department to evaluate, manage, 28
monitor or plan health services; or 29
(b) the disclosure is to an entity prescribed under a 30
regulation for this paragraph for evaluating, managing, 31
monitoring or planning health services as stated in the 32
regulation. 33
s 244 157 s 245
Public Health Bill 2005
244 Disclosure to Commonwealth, another State or 1
Commonwealth or State entity 2
(1) Section 238(1) does not apply to the disclosure of confidential 3
information by the chief executive if-- 4
(a) the disclosure is to the Commonwealth or another State, 5
or an entity of the Commonwealth or another State and 6
the disclosure-- 7
(i) is required or allowed under an agreement-- 8
(A) between Queensland and the 9
Commonwealth, State or entity; and 10
(B) prescribed under a regulation for this 11
paragraph; and 12
(ii) is considered by the chief executive to be in the 13
public interest; or 14
(b) the disclosure is to an entity of the State and the 15
disclosure-- 16
(i) is required or allowed under an agreement-- 17
(A) between the chief executive and the entity; 18
and 19
(B) prescribed under a regulation for this 20
paragraph; and 21
(ii) is considered by the chief executive to be in the 22
public interest. 23
(2) The Commonwealth, a State or entity that receives 24
confidential information under an agreement under 25
subsection (1)-- 26
(a) must not give it to anyone else unless allowed to do so 27
by the agreement or in writing by the chief executive; 28
and 29
(b) must ensure the confidential information is used only for 30
the purpose for which it was given under the agreement. 31
245 Disclosure to approved quality assurance committee 32
Section 238(1) does not apply to the disclosure of confidential 33
information by a relevant person if the disclosure is to an 34
s 246 158 s 249
Public Health Bill 2005
approved quality assurance committee, or to a person 1
authorised by the committee to receive the confidential 2
information, to allow the committee to perform its functions. 3
246 Disclosure to contractor or employee of contractor for 4
maintaining the register 5
Section 238(1) does not apply if the disclosure of the 6
confidential information is by the chief executive to the 7
contractor, or an employee of the contractor, for maintaining 8
the register. 9
247 Disclosure to allow chief executive to act 10
Section 238(1) does not apply if the disclosure of the 11
confidential information by a relevant person is to the chief 12
executive to allow the chief executive to act under this 13
division. 14
248 Confidentiality of information for contractors 15
A contractor or employee of a contractor must not, whether 16
directly or indirectly, disclose confidential information. 17
Maximum penalty--50 penalty units 18
249 Disclosure by contractor 19
Section 247 does not apply to the disclosure of confidential 20
information by the contractor or an employee of the contractor 21
if the disclosure-- 22
(a) is made in the performance of functions under this part; 23
or 24
(b) is made in a form that does not identify any person; or 25
(c) is made to the chief executive, at the written request of 26
the chief executive stating the chief executive considers 27
the disclosure is necessary for ensuring the proper 28
administration of this part; or 29
(d) is made to a person or entity to which the chief executive 30
may make the disclosure under section 242, 243 or 244, 31
s 250 159 s 251
Public Health Bill 2005
if the chief executive authorises the contractor, in 1
writing, to disclose the information; or 2
(e) is authorised under an Act or another law. 3
250 Arrangements about transfer of information 4
(1) The chief executive may arrange for the transfer of 5
information in the register for inclusion in the register 6
required to be established under section 253.23 7
(2) A person does not commit an offence against section 238 or 8
247 merely because the person does something under the 9
arrangement. 10
Part 3 Pap smear register 11
Division 1 Definitions and application 12
251 Definitions for pt 3 13
In this part-- 14
abnormal Pap smear means a Pap smear indicating abnormal 15
cell growth and appearances in the cervix of the woman from 16
whom the Pap smear was obtained. 17
clinical information means the following information about a 18
woman appearing in the register as part of her registered 19
screening history-- 20
(a) the dates and results of the Pap smear tests and histology 21
tests for the woman; 22
(b) other information prescribed under a regulation. 23
clinical management means a course of action for managing 24
a precursor to cancer of a woman's cervix or cancer of a 25
woman's cervix, including, for example, diagnosing, treating, 26
23 Section 253 (Pap Smear Register)
s 251 160 s 251
Public Health Bill 2005
monitoring and following up with the woman, and making 1
recommendations to her. 2
confidential information means all information in the register 3
about a woman. 4
disclosure section means section 262, 265, 272, 273, 277 or 5
278.24 6
entity of the State includes a department and an entity 7
established under an Act for a public purpose. 8
health practitioner means-- 9
(a) a doctor; or 10
(b) a registered nurse under the Nursing Act 1992, section 4; 11
or 12
(c) a person designated as a health practitioner for this 13
part.25 14
histological sample means a biopsy or excision of the cervix, 15
uterine body or vagina of a woman. 16
histology test means the processes for testing a histological 17
sample. 18
identifying information means the following information 19
about a woman appearing in the register as part of her 20
registered screening history-- 21
(a) full name or names, including other names previously or 22
currently used; 23
(b) date of birth; 24
(c) address for correspondence; 25
(d) other information prescribed under a regulation. 26
information includes a document. 27
24 Section 262 (Chief executive may send reminder notice to woman's health
practitioner), 265 (Chief executive may request information), 272 (Access to register
by health practitioners), 273 (Access to register by directors of, and nominated
persons at, pathology laboratories), 277 (Agreements for sending out notices under
ss 260, 261 and 262) or 278 (Arrangements about transfer of information)
25 See section 279 (Chief executive may designate particular persons as health
practitioners).
s 251 161 s 251
Public Health Bill 2005
nominated person, at a pathology laboratory, means a person 1
nominated by the director of the laboratory under 2
section 273(1).26 3
Pap smear means the cells scraped from a woman's cervix for 4
detecting whether the woman has-- 5
(a) a precursor to cancer of the cervix; or 6
(b) cancer of the cervix. 7
Pap Smear Register see section 253(3). 8
Pap smear test means the processes for testing a Pap smear 9
for-- 10
(a) a precursor to cancer of the cervix; or 11
(b) cancer of the cervix. 12
provider means-- 13
(a) a doctor who intends to perform a procedure to obtain a 14
Pap smear or histological sample from a woman; or 15
(b) another person who intends to perform a procedure to 16
obtain a Pap smear from a woman. 17
register means the Pap Smear Register. 18
registered screening history, for a woman, means her 19
identifying and clinical information, as appearing in the 20
register. 21
relevant person means the following-- 22
(a) a person who is, or was, the chief executive; 23
(b) a person who is, or was, involved in the administration 24
or enforcement of this part, including, for example, a 25
health service employee or a public service employee; 26
(c) a person who was involved in the administration or 27
enforcement of the repealed provision. 28
repealed provision means the Health Act 1937, part 3, 29
division 11. 30
26 Section 273 (Access to register by directors of, and nominated persons at, pathology
laboratories)
s 252 162 s 254
Public Health Bill 2005
woman means a female person. 1
written or in writing, in relation to a consent by or request 2
from a woman, means a consent or request signed by the 3
woman. 4
252 Application of part 5
(1) This part applies to a procedure performed in Queensland to 6
obtain a Pap smear or histological sample from a woman. 7
(2) However, this part does not apply to the procedure if the 8
woman's usual place of residence is outside of Queensland 9
when the Pap smear or histological sample is obtained. 10
Division 2 Establishment and purposes of 11
register 12
253 Pap Smear Register 13
(1) The chief executive must keep a register under this Act to 14
record identifying and clinical information about women. 15
(2) The chief executive may keep the register in a form the chief 16
executive considers appropriate, including an electronic form. 17
(3) The register is to be known as the Pap Smear Register. 18
254 Purposes of register 19
The purposes for establishing the register are as follows-- 20
(a) to establish mechanisms to advise a woman who has an 21
abnormal Pap smear result about appropriate medical 22
investigation and intervention; 23
(b) to establish mechanisms to advise a woman to have the 24
procedure to obtain another Pap smear because her 25
previous Pap smear is technically unsatisfactory and can 26
not be assessed, including, for example, due to poor 27
fixation of the smear; 28
(c) to supply a woman's registered screening history to the 29
director of, or a nominated person at, the pathology 30
s 255 163 s 255
Public Health Bill 2005
laboratory, where a Pap smear or histological sample 1
obtained from the woman is being tested, to help the 2
director or person interpret the smear or sample and 3
make clinical management recommendations; 4
(d) to supply a woman's registered screening history to a 5
health practitioner to help the practitioner in advising 6
the woman about options for clinical management; 7
(e) to use information in the register for sending notices to 8
particular women about Pap smears, or the results of Pap 9
smear tests or histology tests; 10
(f) to enhance access by pathology laboratories to 11
information to help in assessing the proportion of 12
correct predictions of detected lesions made by the 13
pathology laboratory; 14
(g) to supply data to help-- 15
(i) in monitoring changing disease trends; and 16
(ii) in studying the efficacy of the management and 17
treatment of abnormal Pap smears; and 18
(iii) in monitoring and evaluating the effectiveness of 19
cervical screening programs; and 20
(iv) in increasing public awareness of cancer of the 21
cervix; 22
(h) to help in formulating strategies to encourage all women 23
to participate in regular Pap smear testing, and, in 24
particular-- 25
(i) women who have not had a procedure to obtain a 26
Pap smear; and 27
(ii) women who, according to their registered 28
screening histories, are overdue for their next 29
procedure to obtain a Pap smear. 30
255 Women may elect to withhold, remove or change 31
information in the register 32
(1) Clinical and identifying information about a woman is to be 33
included in the register unless the woman elects for it not to be 34
included. 35
s 256 164 s 257
Public Health Bill 2005
(2) The process stated in division 3 is designed to achieve a 1
balance between maximising participation and ensuring 2
women are informed about their right to elect not to have their 3
clinical and identifying information included in the register. 4
(3) A woman may-- 5
(a) ask, in writing, for her registered screening history to be 6
removed from the register; or 7
(b) ask for her identifying information to be changed.27 8
Division 3 Duties of persons involved in 9
obtaining and testing Pap smears 10
and histological samples 11
256 Initial duty of person obtaining Pap smear or histological 12
sample 13
A provider must be satisfied, on reasonable grounds, the 14
woman has been informed about each of the following-- 15
(a) the existence and purposes of the register; 16
(b) the identifying and clinical information about the 17
woman that may be recorded in the register; 18
(c) that the woman may elect for her identifying and clinical 19
information not to be automatically included in the 20
register. 21
257 Duty if woman elects for her identifying and clinical 22
information not to be included in the register 23
(1) This section applies if-- 24
(a) a provider's health records do not indicate the woman 25
has previously elected not to have her identifying and 26
clinical information automatically included in the 27
register; and 28
27 See sections 263 (Duty of chief executive to remove registered screening history)
and 264 (Duty of chief executive to change identifying information).
s 258 165 s 258
Public Health Bill 2005
(b) the woman tells the provider she does not want her 1
identifying and clinical information to be automatically 2
included. 3
(2) The provider must make a notation in the provider's health 4
records-- 5
(a) about the woman's decision; and 6
(b) that the woman's identifying and clinical information 7
must not be given to the chief executive. 8
(3) Also, the provider must ensure each request by the provider 9
for a Pap smear test or histology test for the woman includes a 10
notation that the woman's identifying and clinical information 11
must not be given to the chief executive. 12
258 Provider's duty if woman previously elected for 13
information not to be included in the register 14
(1) This section applies to a provider if the provider's health 15
records indicate the woman has previously elected not to have 16
her identifying and clinical information automatically 17
included in the register. 18
(2) The provider must ask the woman whether she wants to 19
reconsider her decision. 20
(3) If the woman reconsiders her decision and tells the provider 21
she now wants her identifying and clinical information to be 22
automatically included in the register, the provider must make 23
a notation in the provider's health records-- 24
(a) about the woman's decision; and 25
(b) that the woman's identifying and clinical information 26
must be given to the chief executive. 27
(4) If the woman reconsiders her decision and tells the provider 28
she still does not want her identifying and clinical information 29
to be automatically included in the register, the provider must 30
ensure each request by the provider for a Pap smear test or 31
histology test for the woman includes a notation that the 32
woman's identifying and clinical information must not be 33
given to the chief executive. 34
s 259 166 s 260
Public Health Bill 2005
259 Duty of director to provide information 1
(1) The director of a pathology laboratory, who receives a request 2
to test a Pap smear or histological sample obtained from a 3
woman, must give the woman's identifying and clinical 4
information, as required under a regulation, to the chief 5
executive. 6
(2) The director must give the information to the chief executive 7
no later than 4 weeks after the results of the tests are given to 8
the person who asked for the test. 9
(3) However, if the request for the test of the Pap smear or 10
histological sample includes a notation that the woman's 11
identifying and clinical information must not be given to the 12
chief executive, the director must not give the information to 13
the chief executive. 14
Division 4 Duties of chief executive 15
concerning registered screening 16
histories and authority to send 17
notices 18
260 Duty of chief executive on receipt of information 19
(1) This section applies if the chief executive receives identifying 20
and clinical information under this part for a woman about 21
whom there is no registered screening history. 22
(2) After the identifying and clinical information is included in 23
the register, the chief executive must send the woman a notice 24
stating that the information has been included in the register. 25
(3) The notice must also state-- 26
(a) the woman may have her registered screening history 27
removed from the register; and 28
(b) the woman may have her identifying information 29
changed if she considers the information is incorrect; 30
and 31
(c) the way the woman may have her registered screening 32
history removed or her identifying information changed. 33
s 261 167 s 263
Public Health Bill 2005
261 Chief executive may send reminder notices to particular 1
women 2
The chief executive may send a notice to a woman who, 3
according to her registered screening history, may-- 4
(a) be overdue for the procedure for obtaining her next Pap 5
smear; or 6
(b) need to have the procedure for obtaining a Pap smear 7
repeated because her previous Pap smear is technically 8
unsatisfactory and can not be assessed; or 9
(c) require appropriate medical investigation and 10
intervention because of an abnormal Pap smear result. 11
262 Chief executive may send reminder notice to woman's 12
health practitioner 13
(1) This section applies to a woman who, according to her 14
registered screening history, may require appropriate medical 15
investigation and intervention because of an abnormal Pap 16
smear result. 17
(2) The chief executive may send a notice about the abnormal Pap 18
smear to the woman's health practitioner or another health 19
practitioner to whom the woman has been referred by her 20
health practitioner. 21
263 Duty of chief executive to remove registered screening 22
history 23
(1) This section applies if a woman, in writing, asks the chief 24
executive to remove her registered screening history from the 25
register. 26
(2) As soon as practicable after 6 weeks from receiving the 27
request, the chief executive must remove the woman's history 28
from the register, unless the woman withdraws her request 29
before the period ends. 30
(3) If the woman's request states or otherwise indicates that her 31
registered screening history was included in the register when, 32
under this part, it should not have been included, the chief 33
executive must remove the history from the register as soon as 34
practicable after receiving the request. 35
s 264 168 s 265
Public Health Bill 2005
264 Duty of chief executive to change identifying information 1
If a woman asks the chief executive to change her identifying 2
information because she considers the information is 3
incorrect, the chief executive must comply with the request as 4
soon as practicable after its receipt. 5
265 Chief executive may request information 6
(1) This section applies if the chief executive considers further 7
information about a woman's registered screening history or 8
clinical management is required to ensure the accuracy, 9
completeness or integrity of the register. 10
(2) The chief executive may give 1 or more of the following a 11
notice requiring the person to give the further information 12
stated in the notice to the chief executive within the 13
reasonable time stated in the notice-- 14
(a) the person who performed the procedure to obtain the 15
Pap smear or histological sample; 16
(b) a health practitioner who is involved in the clinical 17
management of the woman; 18
(c) the director of a pathology laboratory that tested a Pap 19
smear or histological sample for the woman. 20
(3) The notice must warn the person that failure to comply with 21
the notice is an offence under this Act. 22
(4) A person given a notice under subsection (2) must comply 23
with the notice. 24
Maximum penalty--20 penalty units. 25
(5) A person who gives information requested under this section 26
who would otherwise be required to maintain confidentiality 27
about the information given under an Act,28 oath, rule of law 28
or practice-- 29
(a) does not contravene the Act, oath, rule of law or practice 30
by giving the information; and 31
28 See for example the Health Services Act 1991, section 62A.
s 266 169 s 268
Public Health Bill 2005
(b) is not liable to disciplinary action for giving the 1
information. 2
(6) Also, merely because the person gives the information, the 3
person can not be held to have-- 4
(a) breached any code of professional etiquette or ethics; or 5
(b) departed from accepted standards of professional 6
conduct. 7
Division 5 Confidentiality of, and access to, 8
registered screening histories of 9
women 10
266 Confidentiality of information 11
(1) A relevant person must not, whether directly or indirectly, 12
disclose confidential information. 13
(2) Subsection (1) does not apply if the disclosure is made under a 14
disclosure section. 15
Maximum penalty--50 penalty units. 16
(3) The Health Services Act 1991, section 62A, does not apply to 17
a relevant person in relation to confidential information. 18
267 Disclosure under an Act or another law 19
Section 266(1) does not apply if the disclosure of the 20
confidential information by a relevant person is authorised 21
under an Act or another law. 22
268 Disclosures about woman's registered screening history 23
(1) If a relevant person receives a written request from a woman 24
for her registered screening history, the relevant person must 25
disclose the registered screening history to the woman. 26
(2) Also, a relevant person may disclose confidential information 27
if-- 28
(a) the woman to whom the confidential information relates 29
gives her written consent for the disclosure; or 30
s 269 170 s 269
Public Health Bill 2005
(b) the disclosure is made in a form that does not identify 1
any woman. 2
(3) Further, a relevant person may disclose confidential 3
information to a health service employee, or public service 4
employee within the department, who is involved in 5
maintaining the accuracy, completeness or integrity of the 6
data making up the register. 7
(4) Section 266(1) does not apply to the disclosure of confidential 8
information by a relevant person under this section. 9
269 Disclosure to Commonwealth, another State or 10
Commonwealth or State entity 11
(1) Section 266(1) does not apply to the disclosure of confidential 12
information by the chief executive if-- 13
(a) the disclosure is to the Commonwealth or another State, 14
or an entity of the Commonwealth or another State and 15
the disclosure-- 16
(i) is required or allowed under an agreement-- 17
(A) between Queensland and the 18
Commonwealth, State or entity; and 19
(B) prescribed under a regulation for this 20
paragraph; and 21
(ii) is considered by the chief executive to be in the 22
public interest; or 23
(b) the disclosure is to an entity of the State and the 24
disclosure-- 25
(i) is required or allowed under an agreement-- 26
(A) between the chief executive and the entity; 27
and 28
(B) prescribed under a regulation for this 29
paragraph; and 30
(ii) is considered by the chief executive to be in the 31
public interest. 32
s 270 171 s 272
Public Health Bill 2005
(2) The Commonwealth, a State or entity that receives 1
confidential information under an agreement under 2
subsection (1)-- 3
(a) must not give it to anyone else unless allowed to do so 4
by the agreement or in writing by the chief executive; 5
and 6
(b) must ensure the confidential information is used only for 7
the purpose for which it was given under the agreement. 8
270 Disclosure to approved quality assurance committee 9
Section 266(1) does not apply to the disclosure of confidential 10
information by a relevant person if the disclosure is to an 11
approved quality assurance committee, or to a person 12
authorised by the committee to receive the confidential 13
information, to allow the committee to perform its functions. 14
271 Disclosure to allow chief executive to act 15
Section 266(1) does not apply if the disclosure of the 16
confidential information by a relevant person is to the chief 17
executive to allow the chief executive to act under this 18
division. 19
272 Access to register by health practitioners 20
(1) This section applies if a health practitioner asks the chief 21
executive to give the health practitioner a woman's registered 22
screening history. 23
(2) The chief executive may give the health practitioner a 24
woman's registered screening history if the chief executive is 25
satisfied, on reasonable grounds-- 26
(a) the woman is a patient of the health practitioner; and 27
(b) the registered screening history may help the health 28
practitioner make-- 29
(i) a clinical diagnosis about the woman; or 30
(ii) decisions about clinical management for the 31
woman; or 32
s 273 172 s 273
Public Health Bill 2005
(iii) decisions about the timing for performing a 1
procedure for obtaining another Pap smear from 2
the woman. 3
(3) Subsection (2) does not authorise-- 4
(a) the disclosure of a woman's address to a health 5
practitioner; or 6
(b) the disclosure of information identifying another health 7
practitioner or a pathology laboratory, without the 8
written consent of the other health practitioner or the 9
director of the pathology laboratory, identified in the 10
disclosure. 11
273 Access to register by directors of, and nominated 12
persons at, pathology laboratories 13
(1) The director of a pathology laboratory may nominate, by 14
notice to the chief executive, a person or persons employed at 15
the laboratory to whom a woman's registered screening 16
history may be given for the laboratory. 17
(2) Subsection (3) applies if-- 18
(a) a Pap smear or histological sample from a woman has 19
been sent to a pathology laboratory for testing; and 20
(b) the director of, or a nominated person at, the pathology 21
laboratory asks the chief executive to give the director or 22
nominated person the woman's registered screening 23
history. 24
(3) The chief executive may give the director or nominated 25
person the woman's registered screening history if the chief 26
executive is satisfied, on reasonable grounds-- 27
(a) the director or person is interpreting results of the Pap 28
smear test or histology test and making 29
recommendations about clinical management for the 30
woman; or 31
(b) the pathology laboratory has tested a Pap smear or 32
histological sample for the woman and the director or 33
person is assessing the performance of the pathology 34
laboratory in accurately assessing the proportion of 35
s 274 173 s 275
Public Health Bill 2005
correct predictions of detected lesions, including, for 1
example, for quality assurance purposes. 2
(4) Subsection (3) does not authorise-- 3
(a) the disclosure of a woman's address to the director of, or 4
a nominated person at, a pathology laboratory; or 5
(b) the disclosure of information identifying a particular 6
health practitioner or another pathology laboratory, 7
without the written consent of the health practitioner, or 8
the director of the other pathology laboratory, identified 9
in the disclosure. 10
274 Unauthorised access to registered screening histories 11
(1) A person must not knowingly obtain, or attempt to obtain, 12
from the register or a health officer, confidential information 13
the person is not authorised under this part to obtain. 14
Maximum penalty--50 penalty units. 15
(2) In this section-- 16
health officer means-- 17
(a) the chief executive; or 18
(b) a health service employee, or a public service employee 19
within the department, involved in keeping the register 20
or exercising powers involving the register. 21
275 Health practitioners, directors and nominated persons to 22
keep registered screening histories confidential 23
(1) This section applies to a person to whom confidential 24
information is given under section 272 or 273. 25
(2) The person must not, whether directly or indirectly, disclose 26
the confidential information given to the person, unless the 27
disclosure is made under subsection (3) or (4). 28
Maximum penalty--50 penalty units. 29
(3) A health practitioner may disclose a woman's registered 30
screening history to any of the following persons-- 31
(a) the woman; 32
s 276 174 s 276
Public Health Bill 2005
(b) another health practitioner to whom the health 1
practitioner has referred, or intends to refer, the woman; 2
(c) another health practitioner with whom the health 3
practitioner considers it necessary or desirable to 4
discuss the woman's history for the clinical management 5
for the woman. 6
(4) The director of, or a nominated person at, a pathology 7
laboratory may disclose a woman's registered screening 8
history to any of the following persons-- 9
(a) the woman; 10
(b) the person who performed the procedure to obtain the 11
Pap smear or histological sample; 12
(c) a doctor that the director or nominated person is 13
satisfied, on reasonable grounds, is involved in the 14
clinical management for the woman; 15
(d) another person employed at the pathology laboratory 16
involved in-- 17
(i) the interpretation of Pap smear tests or histology 18
tests, to the extent the director or nominated person 19
considers it necessary or desirable to discuss the 20
history with the other person; or 21
(ii) assessing the performance of the laboratory in 22
accurately assessing the proportion of correct 23
predictions of detected lesions, including, for 24
example, for quality assurance purposes. 25
276 Chief executive to monitor access to information 26
(1) The chief executive must put processes in place to monitor 27
access to the registered screening history of women by-- 28
(a) health practitioners; and 29
(b) the directors of, and nominated persons at, pathology 30
laboratories. 31
(2) The processes for a health practitioner must allow the chief 32
executive to decide-- 33
s 276 175 s 276
Public Health Bill 2005
(a) whether the health practitioner is accessing only the 1
registered screening history for women for whom the 2
health practitioner is making-- 3
(i) clinical diagnoses; or 4
(ii) decisions about clinical management; or 5
(iii) decisions about the timing for performing 6
procedures for obtaining Pap smears; and 7
(b) whether someone else is accessing a woman's registered 8
screening history other than the woman's health 9
practitioner. 10
(3) The processes for a pathology laboratory must allow the chief 11
executive to decide-- 12
(a) whether the director of, or nominated persons at, a 13
pathology laboratory are accessing only the registered 14
screening histories of women for whom the pathology 15
laboratory-- 16
(i) is testing Pap smears or histological samples, 17
interpreting the results of the Pap smear tests or 18
histology tests and making recommendations about 19
clinical management for the women; or 20
(ii) tested Pap smears or histological samples and the 21
director or nominated persons are assessing the 22
performance of the pathology laboratory in 23
accurately assessing the proportion of correct 24
predictions of detected lesions, including, for 25
example, for quality assurance purposes; and 26
(b) whether someone is accessing the registered screening 27
history of women, other than the director of, or a 28
nominated person at, the pathology laboratory. 29
s 277 176 s 278
Public Health Bill 2005
Division 6 Agreements and arrangements 1
about confidential information, and 2
designation of particular persons 3
277 Agreements for sending out notices under ss 260, 261 4
and 262 5
(1) The chief executive may enter into a written agreement with a 6
person (the contractor) for the contractor to send out notices 7
under section 260, 261 or 262 for the chief executive. 8
(2) The chief executive may disclose confidential information to 9
the contractor to the extent it is necessary for the contractor to 10
perform the contractor's functions under the agreement. 11
(3) For sending out a notice under section 260, 261 or 262-- 12
(a) the contractor may disclose confidential information to 13
the contractor's employees and the persons to whom the 14
notices are sent; and 15
(b) the contractor's employees may disclose confidential 16
information to the persons to whom the notices are sent. 17
(4) A contractor, or an employee of the contractor, in receipt of 18
confidential information must not give it to another person, or 19
use the information, other than for sending out notices as 20
mentioned in subsection (3). 21
Maximum penalty for subsection (4)--50 penalty units. 22
278 Arrangements about transfer of information 23
(1) The chief executive may arrange for the transfer of 24
confidential information for inclusion in the register required 25
to be kept under section 230.29 26
29 Section 230 (Register)
s 279 177 s 280
Public Health Bill 2005
(2) A person does not commit an offence against section 26630 1
merely because the person does something under the 2
arrangement. 3
279 Chief executive may designate particular persons as 4
health practitioners 5
The chief executive may, by gazette notice, designate a person 6
who performs procedures to obtain Pap smears as a health 7
practitioner for this part. 8
9
Example--
10
an enrolled nurse working in a remote area
Part 4 Research 11
Division 1 Definitions 12
280 Definitions for pt 4 13
In this part-- 14
biomedical study means a study of the biological 15
determinants of health and disease that establishes the 16
biological basis for preventing, treating and curing disease. 17
clinical and applied study means a study of the effectiveness 18
of strategies to diagnose and treat disease or illness. 19
epidemiological study means a study of the distribution and 20
determinants of health-related states or events in particular 21
populations. 22
evaluation and planning study means a study for-- 23
(a) appraising or measuring the value of a health 24
intervention; or 25
30 Section 266 (Confidentiality of information)
s 281 178 s 281
Public Health Bill 2005
(b) designing and projecting current and future health 1
services. 2
monitoring and surveillance study means a study for keeping 3
watch over the health of the population or individuals to 4
control the spread of disease and maintain health and 5
well-being. 6
register means the Research Register. 7
research means systematic investigation for the purpose of 8
adding to knowledge about human health and well-being and 9
includes the following-- 10
(a) a biomedical study; 11
(b) a clinical and applied study; 12
(c) an epidemiological study; 13
(d) an evaluation and planning study; 14
(e) a monitoring and surveillance study. 15
Research Register see section 288(3). 16
Division 2 Health information held by the 17
department for research 18
281 Chief executive may give information 19
(1) The chief executive may give information under this part. 20
(2) To enable the chief executive to give information under this 21
part, a relevant person may give information under this part to 22
the chief executive. 23
(3) The chief executive or a relevant person may give the 24
information despite any other provision of this Act or any 25
provision of another law that deals with confidentiality, 26
including, for example, the Health Services Act 1991, 27
section 62A. 28
(4) In this section-- 29
relevant person means a person who has access to health 30
information held by the department, including, for example, a 31
health service employee or a public service employee. 32
s 282 179 s 283
Public Health Bill 2005
282 Application to chief executive for information 1
(1) A person may apply in writing to the chief executive to be 2
given health information held by the department for research 3
being conducted by the person or by an entity of which the 4
person is a member. 5
(2) The application must state the following-- 6
(a) a description of the research that includes-- 7
(i) the purpose of the research; and 8
(ii) the methodology of the research; 9
(b) the type of information required, including whether 10
information identifying a person is required; 11
(c) if information identifying a person is required-- 12
(i) the reasons the identifying information is required; 13
and 14
(ii) how the privacy of an individual identified will be 15
protected; 16
(d) if the information will be needed at intervals during the 17
research, details of the intervals; 18
(e) the name of the person or entity proposing to conduct 19
the research; 20
(f) the names of all persons who will be given the 21
information for the research; 22
(g) the duration of the research; 23
(h) the views of a human research ethics committee about 24
the research including contact details for the committee. 25
283 Further information or documents to support application 26
(1) This section applies if the chief executive considers further 27
information is required to help the chief executive decide an 28
application for health information held by the department. 29
(2) The chief executive may, by notice given to the applicant, 30
require the applicant to give the chief executive, within the 31
reasonable time stated in the notice, further information or a 32
document about the application. 33
s 284 180 s 284
Public Health Bill 2005
(3) The requirement may only relate to information or a 1
document that is necessary and reasonable to help the chief 2
executive decide the application. 3
(4) If the applicant fails to comply with the requirement within 4
the stated time, the applicant is taken to have withdrawn the 5
application. 6
284 Decision about application 7
(1) The chief executive must consider the application for health 8
information held by the department as soon as practicable and 9
either grant or refuse the application. 10
(2) The chief executive may grant the application only if the chief 11
executive is satisfied the giving of the health information held 12
by the department is in the public interest, having regard to-- 13
(a) the opportunities the research will provide for increased 14
knowledge and improved health outcomes; and 15
(b) the privacy of individuals to whom the health 16
information relates. 17
(3) If the application asks for information identifying a person, 18
the chief executive may grant the application only if the chief 19
executive is satisfied the identification of the person is 20
necessary for the relevant research. 21
(4) If the chief executive decides to grant the application, the 22
chief executive must immediately give notice of the decision 23
under section 285 to the applicant. 24
(5) An application may be granted subject to the conditions the 25
chief executive considers necessary or desirable including, for 26
example, the following-- 27
(a) that the person or entity conducting the research must 28
pay the State's reasonable costs of giving the 29
information; 30
(b) that information given for research must be handled in a 31
confidential and secure way; 32
(c) that measures must be put in place to ensure researchers 33
are aware of and comply with ethical requirements 34
relevant to the conduct of the research; 35
s 285 181 s 286
Public Health Bill 2005
(d) that measures must be put in place to provide feedback 1
to the chief executive on the progress and results of the 2
research. 3
(6) If the chief executive decides to grant an application subject to 4
conditions, the chief executive must immediately give the 5
applicant notice of, and the reasons for, the conditions. 6
(7) If the chief executive decides to refuse the application, the 7
chief executive must immediately give the applicant notice of 8
the refusal and the reasons for the refusal. 9
285 What notice must state 10
(1) The notice under section 284(4) must state the following-- 11
(a) the name of the person or entity conducting the 12
research; 13
(b) the names of all persons who may be given the 14
information for the research; 15
(c) a description of the research, including the purpose and 16
methodology of the research; 17
(d) the type of information to be given and, if the 18
information is to be given at intervals, details of the 19
intervals; 20
(e) if the application was granted subject to conditions, the 21
conditions; 22
(f) the period for which the application has been granted. 23
(2) If an application is granted subject to a condition, the 24
applicant must comply with the condition, unless the 25
applicant has a reasonable excuse. 26
Maximum penalty for subsection (2)--50 penalty units. 27
286 Notification of change of persons being given 28
information 29
(1) This section applies if the names of persons who will be given 30
the information for the research changes. 31
s 287 182 s 289
Public Health Bill 2005
(2) The person for the time being in charge of the research must 1
give notice to the chief executive as soon as practicable after 2
the change. 3
Maximum penalty--20 penalty units. 4
287 Chief executive may rescind decision to give information 5
(1) This section applies if this part is contravened in relation to 6
health information given under this part. 7
(2) The chief executive may rescind the chief executive's decision 8
to give the information. 9
Division 3 Establishment of register 10
288 Register of approved applications for health information 11
held by the department 12
(1) The chief executive must establish and keep a register of 13
granted applications for health information held by the 14
department stating-- 15
(a) the type of information to be given for the research; and 16
(b) a description of the research; and