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PUBLIC HEALTH ACT 2005 - As at 1 November 2023 - Act 48 of 2005

- As at 1 November 2023 - Act 48 of 2005

Table of Provisions

CHAPTER 1 - PRELIMINARY

PART 1 - INTRODUCTION

  • 1 Short title
  • 2 Commencement
  • 3 Act binds all persons
  • 4 Contravention of this Act does not create civil cause of action
  • 5 Act does not affect other rights or remedies

PART 2 - OBJECT

  • 6 Object of Act
  • 7 How object is mainly achieved

PART 3 - INTERPRETATION

CHAPTER 2 - ENVIRONMENTAL HEALTH

PART 1 - PUBLIC HEALTH RISKS

PART 2 - ROLES OF THE STATE AND LOCAL GOVERNMENTS FOR PUBLIC HEALTH RISKS

  • 12 When Act administered only by the State
  • 13 When Act administered only by local governments
  • 14 When State and local governments administer this Act in partnership
  • 15 Action by the State if local government does not administer and enforce this Act
  • 16 Procedure before taking action under s 15
  • 17 State may require report from local government
  • 18 Regulation to prescribe who is to administer this Act for particular public health risks
  • 19 Effect of Act on local laws
  • 20 Application of Local Government Act 2009

PART 3 - PUBLIC HEALTH ORDERS

Division 1 - Preliminary

  • 21 What public health order may require
  • 22 Public health orders about animals

Division 2 - Giving public health orders

  • 23 Public health orders

Division 3 - Enforcement of public health orders

  • 24 Issuing authority may apply for enforcement order
  • 25 Notice of hearing must be given
  • 26 When magistrate may order enforcement
  • 27 What enforcement order may require
  • 28 Person must comply with enforcement order
  • 29 Application may be dealt with in proceeding for offence

Division 4 - Taking steps under enforcement order

  • 30 Procedure before entry under enforcement order
  • 31 Costs under enforcement order recoverable as a debt
  • 32 Cost under enforcement order a charge over land

Division 5 - Recovery of costs from third parties

  • 33 Recipient may apply for contribution
  • 34 Notice of hearing of cost recovery order must be given
  • 35 When magistrates court may make cost recovery order

PART 4 - AUTHORISED PREVENTION AND CONTROL PROGRAMS

  • 36 Chief executive may authorise prevention and control program
  • 37 What chief executive’s authorisation must state
  • 38 Publication of authorisation
  • 39 Who may undertake prevention and control program
  • 40 Powers available for prevention and control program
  • 41 Power of authorised persons to enter place for prevention and control program
  • 42 Notification of entry
  • 43 Powers of authorised persons after entry
  • 44 Failure to help authorised person
  • 45 Person must not interfere with steps taken
  • 46 Notification of prevention and control program

PART 5 - ENVIRONMENTAL HEALTH EVENTS

Division 1 - Definition

  • 47 Meaning of environmental health event

Division 2 - Establishment of environmental health event register

  • 48 Environmental health event register
  • 49 Purposes of register
  • 50 What register must contain

Division 3 - Notifications about environmental health event register

  • 51 Notification of establishment of register
  • 52 Notification inviting inclusion in register

Division 4 - Confidentiality and use of information supplied for environmental health event register

  • 53 Definitions for div 4
  • 54 Restriction on inconsistent use of information
  • 55 Confidentiality of information
  • 56 Release of information for an investigation under the Coroners Act
  • 57 Use of environmental health event register

PART 5A - PROVISIONS ABOUT DRINKING WATER AND RECYCLED WATER

Division 1 - Improvement notices

  • 57A Improvement notice
  • 57B Record of compliance with improvement notice

Division 2 - Offences about supply of drinking water or recycled water

Subdivision 1 - Preliminary
  • 57C When drinking water is unsafe
  • 57D When recycled water is fit for use
  • Subdivision 2 - Offences
  • 57E Supply of unsafe drinking water
  • 57F Supply of recycled water that is not fit for use

Division 3 - Information requests

  • 57G Power to require information
  • 57H Failure to give information

PART 6 - LEAD

  • 58 Lead in buildings must not be accessible to children
  • 59 Lead must not be used in water collection

PART 7 - PAINT

  • 60 Person must comply with standard

PART 8 - REGULATIONS ABOUT PUBLIC HEALTH RISKS

CHAPTER 2A - WATER RISK MANAGEMENT PLANS

PART 1 - PRELIMINARY

PART 2 - REQUIREMENT AND CONTENT OF PLANS

  • 61C Requirement for water risk management plans
  • 61D Content of water risk management plans
  • 61E Amending water risk management plans

PART 3 - COMPLIANCE

  • 61F Obligation to give chief executive copy of water risk management plans
  • 61G Complying with water risk management plans
  • 61H Obligation to notify chief executive of Legionella
  • 61I Obligation to give chief executive reports
  • 61J False or misleading reports
  • 61K Chief executive may publish reports

CHAPTER 3 - NOTIFIABLE CONDITIONS

PART 1 - DEFINITIONS, PURPOSE OF CHAPTER AND GUIDING PRINCIPLES

  • 62 Definitions for ch 3
  • 63 Meaning of controlled notifiable condition
  • 64 Meaning of notifiable condition
  • 65 Purpose of ch 3
  • 66 Guiding principles for ch 3

PART 2 - NOTIFIABLE CONDITIONS REGISTER

Division 1 - Establishment and purpose of Notifiable Conditions Register

  • 67 Register
  • 68 Purposes of register

Division 2 - Notices about notifiable conditions

  • 69 Application of div 2
  • 70 When a doctor must notify
  • 71 When the person in charge of hospital must notify
  • 72 When the director of a pathology laboratory must notify a pathological diagnosis notifiable condition
  • 73 When the director of a pathology laboratory must notify pathology request notifiable condition
  • 74 Anonymity coding
  • 75 Further information may be required

Division 3 - Confidentiality of information and use of information supplied for Notifiable Conditions Register

  • 76 Definitions for div 3
  • 77 Confidentiality of information
  • 78 Disclosure under an Act or another law
  • 79 Disclosure under Act or with written consent etc.
  • 80 Disclosure about notifiable conditions and contact tracing
  • 81 Disclosure of confidential information in the public interest
  • 82 Disclosure for data collection and public health monitoring
  • 83 Disclosure for purposes relating to health services
  • 84 Disclosure to Commonwealth, another State or Commonwealth or State entity
  • 85 Disclosure to allow chief executive to act
  • 86 Release of information for an investigation under the Coroners Act
  • 87 Use of Notifiable Conditions Register
  • 88 Access to information in register for serious offence

PART 3 - CONTACT TRACING

Division 1 - Contact tracing officers

  • 89 Functions of contact tracing officer
  • 90 Appointment of contact tracing officer by chief executive
  • 91 Qualifications for appointment
  • 92 Appointment conditions and limit on powers
  • 93 Issue of identity card
  • 94 Production or display of identity card
  • 95 When contact tracing officer ceases to hold office
  • 96 Resignation
  • 97 Return of identity card

Division 2 - Obtaining contact information

  • 98 Definitions for div 2
  • 99 Power to require contact information
  • 100 Failure to give contact information
  • 101 Power to require business contact information
  • 102 Failure to give business contact information
  • 103 Obtaining contact information from health information held by a health agency

Division 3 - Confidentiality of information and use of information supplied for contact tracing

  • 104 Definitions for div 3
  • 104A Extraterritorial operation
  • 105 Confidentiality of information
  • 106 Disclosure under an Act or another law
  • 107 Disclosure under Act or with written consent etc.
  • 108 Disclosure to protect health of person
  • 108A Disclosure for contact tracing purposes
  • 109 Disclosure of confidential information in the public interest
  • 110 Disclosure to allow chief executive to act
  • 111 Use of contact information and business contact information

PART 4 - ORDERS BY CHIEF EXECUTIVE ABOUT CONTROLLED NOTIFIABLE CONDITIONS

Division 1 - Preliminary

Division 2 - Orders by chief executive

  • 113 Chief executive may order detention
  • 114 Enforcement of chief executive’s order
  • 115 Duration of chief executive’s order

PART 5 - ORDERS BY MAGISTRATE ABOUT CONTROLLED NOTIFIABLE CONDITIONS

Division 1 - General

  • 116 Applying for controlled notifiable conditions order
  • 117 Deciding application in person’s absence

Division 2 - Initial examination orders

  • 118 Making initial examination order
  • 119 What initial examination order may provide
  • 120 Service of initial examination order
  • 121 Person must remain at place of detention and undergo medical examination
  • 122 When period of detention starts
  • 123 Details of medical examination must be explained
  • 124 When detained person must be released before the end of initial examination order

Division 3 - Behavioural orders

  • 125 Making behavioural order
  • 126 What behavioural order may provide
  • 127 Service of behavioural order
  • 128 Person must comply with behavioural order

Division 4 - Detention orders

  • 129 Making detention order
  • 130 What detention order may provide
  • 131 Service of detention order
  • 132 Person must remain at place of detention and undergo medical examination or treatment
  • 133 Details of medical examination or treatment must be explained

Division 5 - Extension, variation or revocation of controlled notifiable conditions orders

  • 134 Extension of behavioural or detention orders
  • 135 Variation and revocation of initial examination, behavioural or detention orders

Division 6 - Warrants

  • 136 Application for warrant for apprehension
  • 137 Issue of warrant
  • 138 Application by electronic communication and duplicate warrant
  • 139 Defect in relation to a warrant

Division 7 - Procedure for entry under orders and warrants

  • 140 Procedure before entry—orders
  • 141 Procedure before entry—warrants

Division 8 - Appeals against magistrate’s decisions

  • 142 Appeal against decision on application for controlled notifiable conditions order or extension of order

PART 5A - (Expired)

PART 6 - RECKLESS SPREAD OF CONTROLLED NOTIFIABLE CONDITIONS

  • 143 Person must not recklessly spread controlled notifiable condition

PART 7 - PROCEEDINGS

  • 144 How proceedings under this chapter heard

PART 8 - OTHER MATTERS ABOUT CONTROLLED NOTIFIABLE CONDITIONS ORDERS

  • 145 Person may give information necessary for authorised person’s safety
  • 146 Obstructing persons exercising powers

CHAPTER 4 - INFECTION CONTROL FOR HEALTH CARE FACILITIES

PART 1 - PRELIMINARY

  • 147 Definitions for ch 4
  • 148 Meaning of declared health service
  • 149 Meaning of health care facility
  • 150 Application of ch 4

PART 2 - GENERAL OBLIGATION TO MINIMISE INFECTION RISKS FOR DECLARED HEALTH SERVICES

  • 151 Obligation to minimise risk of infection

PART 3 - INFECTION CONTROL MANAGEMENT PLANS

  • 152 What is an infection control management plan
  • 153 Obligation of owner for ICMP
  • 154 Obligation of owner/operator for ICMP
  • 155 What an ICMP must contain
  • 156 Time for developing and implementing an ICMP
  • 156A Giving copy of ICMP and information to authorised person
  • 156B Amending ICMP

PART 3A - IMPROVEMENT NOTICES AND DIRECTIONS NOTICES

  • 156C Improvement notice
  • 156D Record of compliance with improvement notice
  • 156E Directions notice
  • 156F Chief executive may extend directions notice
  • 156G Court order may extend directions notice
  • 156H Offence to fail to comply with a directions notice
  • 156I Record of compliance with directions notice

PART 4 - REPORTING CONTRAVENTIONS OF CHAPTER 4 TO OTHER ENTITIES

  • 157 Chief executive may report contraventions

CHAPTER 4A - HEALTH OF PERSONS WITH MAJOR DISTURBANCE IN MENTAL CAPACITY

PART 1 - PRELIMINARY

PART 2 - TAKING PERSONS TO TREATMENT OR CARE PLACE

  • 157B Ambulance officer or police officer may detain and transport person
  • 157C What ambulance officer or police officer must tell person
  • 157D Giving emergency examination authority
  • 157E Detention in treatment or care place
  • 157F Examination

PART 3 - RETURN OF PERSONS WHO ABSCOND

  • 157G Application of pt 3
  • 157H Person in charge of facility may require return of absent person
  • 157I Duration of authorisation or request
  • 157J Authorised person may transport absent person
  • 157K Effect on examination period

PART 4 - POWERS

  • 157L Use of force to detain and transport
  • 157M Transfer to another treatment or care place
  • 157N Use of reasonable force to detain person
  • 157O Examination of person without consent and with use of reasonable force
  • 157P Return after examination or treatment and care to person’s requested place

PART 5 - WARRANT FOR APPREHENSION OF PERSON TO TRANSPORT PERSON

  • 157Q Application for warrant for apprehension of person
  • 157R Issue of warrant
  • 157S Electronic application
  • 157T Additional procedure if electronic application
  • 157U Defect in relation to a warrant
  • 157V Warrants—entry procedure

PART 6 - SEARCHES OF PERSONS IN TREATMENT OR CARE PLACE

  • 157W Application of pt 6
  • 157X Definitions for pt 6
  • 157Y Power to search on belief of possession of harmful thing
  • 157Z Requirements for personal search
  • 157ZA Requirements for search requiring the removal of clothing
  • 157ZB Requirements for search of possessions
  • 157ZC Record of search must be made
  • 157ZD Seizure of harmful thing
  • 157ZE Receipt for seized thing
  • 157ZF Access to seized thing

PART 7 - MISCELLANEOUS

CHAPTER 5 - CHILD HEALTH

PART 1 - DEFINITIONS

  • 158 Definitions for ch 5
  • 159 Who is a parent
  • 160 What is a prescribed period for a contagious condition

PART 2 - CONTAGIOUS CONDITIONS

Division 1AA - Exclusion of unvaccinated children from particular services

  • 160A Definitions for div 1AA
  • 160B When person in charge may exclude child not yet enrolled
  • 160C When person in charge may exclude enrolled child
  • 160D Immunisation status of children allowed to attend without statement

Division 1 - Directions about attendance of children at a school, education and care service or QEC approved service

  • 161 When parent must not send a child to school, education and care service or QEC approved service
  • 162 When teacher or educator must advise person in charge
  • 163 Person in charge may advise parent about suspicion of contagious condition
  • 164 Person in charge may direct parent not to send child to school, education and care service or QEC approved service
  • 165 Person in charge may advise parent of child not vaccinated about suspicion of vaccine preventable condition
  • 166 Person in charge may direct parent not to send child to school, education and care service or QEC approved service
  • 167 Chief executive may authorise examination of children at school, education and care service or QEC approved service
  • 168 Chief executive must advise parent about examination
  • 169 Chief executive may direct person in charge in relation to child
  • 170 Person in charge must include information in direction
  • 171 When person in charge may readmit child before prescribed period ends

Division 2 - Information sharing

  • 172 Chief executive may require details if child suspected of having a contagious condition
  • 173 Giving health information held by a health agency

Division 3 - Confidentiality of information and protection for persons

  • 174 Definitions for div 3
  • 175 Confidentiality of information
  • 176 Disclosure under an Act or another law
  • 177 Disclosure under Act or with written consent etc.
  • 178 Disclosure to a person to help prevent or minimise transmission of a contagious condition
  • 179 Protection for persons acting under pt 2

Division 4 - Other action to control contagious conditions

  • 180 Directions to person in charge of school, education and care service or QEC approved service
  • 181 Temporary closure of school, education and care service or QEC approved service

Division 5 - Review of order to close school, education and care service or QEC approved service

  • 182 Review of Minister’s order to close school, education and care service or QEC approved service
  • 183. (Repealed)

Division 6 - Approved provider must ensure person complies with this part

184. (Repealed)
  • 184A Approved provider must ensure person in charge complies with pt 2

PART 3 - CHILD ABUSE AND NEGLECT

Division 1 - Principles under which part 3 to be administered

  • 185 Guiding principles for pt 3

Division 2 - Relationship with Child Protection Act 1999

Division 3 - Custody of child held at health service facility

  • 187 Person in charge of facility has custody of child held at facility

Division 4 - Designated medical officers

  • 188 Appointment
  • 189 When person in charge taken to be a designated medical officer
  • 190 Powers

Division 5 - (Repealed)

Division 6 - Care and treatment order for child

  • 197 Designated medical officer may make care and treatment order for child
  • 198 Designated medical officer must notify person in charge of facility where child held
  • 199 Designated medical officer must advise chief executive (child safety)
  • 200 Designated medical officer must advise parents of child held

Division 7 - Extension of care and treatment order

  • 201 Designated medical officer may extend care and treatment order
  • 202 Designated medical officer must notify person in charge of facility about extension of order
  • 203 Designated medical officer must advise chief executive (child safety) about extension of order
  • 204 Designated medical officer must advise child’s parents about extension of order

Division 8 - Enforcement and duration of care and treatment order

  • 205 Enforcement of care and treatment order
  • 206 Duration of order
  • 207 Limit on the number of care and treatment orders

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

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
  • 210 Designated medical officer may request information from doctors
  • 211 Transfer of child from one facility to another
  • 212 Parent may choose doctor to examine child

Division 11 - Offences relating to child held at health service facility

  • 213 Offence to remove child

PART 4 - DISCLOSURE OF INFORMATION FOR SCHOOL HEALTH PROGRAMS

CHAPTER 5A - PERFORMANCE OF COSMETIC PROCEDURES ON CHILDREN

  • 213A Definition for ch 5A
  • 213B Offence to perform, or offer to perform, cosmetic procedure on a child
  • 213C Offence to procure, or offer to procure, performance of cosmetic procedure on a child
  • 213D Chief executive may report contravention

CHAPTER 5B - CONVERSION THERAPIES

  • 213E Definitions for chapter
  • 213F Meaning of conversion therapy
  • 213G Meaning of gender identity
  • 213H Prohibition of conversion therapy
  • 213I Proceedings for indictable offence

CHAPTER 6 - HEALTH INFORMATION MANAGEMENT

PART 1 - PERINATAL STATISTICS

Division 1 - Definitions

Division 2 - Establishment and purposes of collection

  • 215 Collection
  • 216 Purposes of collection

Division 3 - Notifications about perinatal statistics

  • 217 Giving notifications to chief executive
  • 218 Further information may be required

Division 4 - Confidentiality

  • 219 Definitions for div 4
  • 220 Confidentiality of information
  • 221 Disclosure under an Act or another law
  • 222 Disclosure under Act or with written consent etc.
  • 223 Disclosure of confidential information in the public interest
  • 224 Disclosure for data collection and public health monitoring
  • 225 Disclosure for purposes relating to health services
  • 226 Disclosure to Commonwealth, another State or Commonwealth or State entity
  • 227 Disclosure to quality assurance committee
  • 228 Disclosure to allow chief executive to act
  • 228A Disclosure of information for an investigation under the Coroners Act
  • 228B Arrangements about transfer of information
  • 228BA Disclosure for purpose of Health Transparency Act 2019

PART 1A - MATERNAL DEATH STATISTICS

Division 1 - Definitions

Division 2 - Establishment and purposes of collection

  • 228D Collection
  • 228E Purposes of collection

Division 3 - Notifications about maternal death statistics

  • 228F Giving information to chief executive
  • 228G Further information may be required

Division 4 - Confidentiality

  • 228H Definitions for div 4
  • 228I Confidentiality of information
  • 228J Disclosure under an Act or another law
  • 228K Disclosure under Act or with written consent etc.
  • 228L Disclosure of confidential information in the public interest
  • 228M Disclosure for data collection and public health monitoring
  • 228N Disclosure for purposes relating to health services
  • 228O Disclosure to Commonwealth, another State or Commonwealth or State entity
  • 228P Disclosure to quality assurance committee
  • 228Q Disclosure to allow chief executive to act
  • 228R Disclosure of information for an investigation under the Coroners Act
  • 228S Arrangements about transfer of information

PART 2 - CANCER NOTIFICATIONS

Division 1 - Definitions

Division 2 - Establishment and purposes of register

  • 230 Register
  • 231 Purposes of register
  • 232 Responsibility for keeping of register

Division 3 - Notifications about cancer

  • 233 Application of div 3
  • 234 Notifications about cancer to be given to chief executive
  • 235 Directions to give notifications about cancer to contractor
  • 236 Further information may be required

Division 4 - Confidentiality

  • 237 Definitions for div 4
  • 238 Confidentiality of information
  • 239 Disclosure under an Act or another law
  • 240 Disclosure under Act or with written consent etc.
  • 241 Disclosure of confidential information in the public interest
  • 242 Disclosure for data collection and public health monitoring
  • 243 Disclosure for purposes relating to health services
  • 244 Disclosure to Commonwealth, another State or Commonwealth or State entity
  • 245 Disclosure to quality assurance committee
  • 246 Disclosure to contractor or employee of contractor for maintaining the register
  • 247 Disclosure to allow chief executive to act
  • 248 Confidentiality of information for contractors
  • 249 Disclosure by contractor
  • 250. (Repealed)

PART 3 - (Repealed)

PART 3A - NOTIFIABLE DUST LUNG DISEASES

Division 1 - Preliminary

Division 2 - Notifiable Dust Lung Disease Register

  • 279AB Register
  • 279AC Purposes of register
  • 279AD Approved operator may keep register

Division 3 - Notifications and giving of information about notifiable dust lung diseases

  • 279AE Obligation under this division
  • 279AF Obligation to notify chief executive
  • 279AG Further information may be required
  • 279AH Relevant chief executives to notify
  • 279AI Authorisation of giving of information

Division 4 - Report about register and related matters

  • 279AJ Chief executive must report to Minister

Division 5 - Confidentiality and disclosure of information

  • 279AK Definitions for division
  • 279AL Duty of confidentiality
  • 279AM Disclosure—general
  • 279AN Disclosure for data collection and public health monitoring
  • 279AO Disclosure to entity of the State or corresponding entity
  • 279AP Disclosure of information for investigation under Coroners Act 2003

PART 4 - RESEARCH

Division 1 - Preliminary

Division 2 - Health information held by a health agency for research

  • 281 Chief executive may give information
  • 282 Application to chief executive for information
  • 283 Further information or documents to support application
  • 284 Decision about application
  • 285 What notice must state
  • 286 Notification of change of persons being given information
  • 287 Chief executive may rescind decision to give information

Division 3 - Establishment of register

  • 288 Register of approved applications for health information held by a health agency
  • 289 Access to register

Division 4 - Use and disclosure of information supplied for research

  • 290 Restriction on inconsistent use of information
  • 291 Restriction on disclosure of information
  • 292 Use of health information held by a health agency

CHAPTER 7 - PUBLIC HEALTH INQUIRIES

  • 293 Definitions for ch 7
  • 294 Minister may establish or re-establish panels of inquiry
  • 295 Role of panel of inquiry
  • 296 Conditions of appointment
  • 297 Chief executive to arrange for services of staff and financial matters for panel of inquiry
  • 298 Procedure
  • 299 Notice of inquiry
  • 300 Inquiry to be held in public other than in special circumstances
  • 301 Protection of members, legal representatives and witnesses
  • 302 Record of proceedings to be kept
  • 303 Procedural fairness and representation
  • 304 Panel’s powers on inquiry
  • 305 Notice to witness
  • 306 Inspection of documents or other things
  • 307 Inquiry may continue despite court proceeding unless otherwise ordered
  • 308 Offences by witnesses
  • 309 False or misleading statements
  • 310 False or misleading documents
  • 311 Contempt of panel
  • 312 Report of offences
  • 313 Change of membership of panel

CHAPTER 7A - POLLUTION EVENTS

PART 1 - PRELIMINARY

PART 2 - POLLUTION NOTICES

  • 313E Chief executive may give direction to publish pollution notice
  • 313F Chief executive may publish pollution notice
  • 313G Steps required before giving direction or publishing pollution notice

PART 3 - COMPENSATION

CHAPTER 8 - PUBLIC HEALTH EMERGENCIES

PART 1 - PRELIMINARY

  • 314 Purpose of ch 8
  • 315 Definitions for ch 8
  • 316 Relationship to other Acts
  • 317 Other Acts not affected
  • 318 Powers under this chapter and powers under other Acts

PART 2 - DECLARING A PUBLIC HEALTH EMERGENCY

  • 319 Declaration of public health emergency
  • 320 What public health emergency order must state
  • 321 Publication of declaration
  • 322 Duration of declared public health emergency
  • 323 Extending or further extending declared public health emergency
  • 324 Ending declared public health emergency
  • 325 Publication of ending of declared public health emergency
  • 326 Public health emergency order may be amended

PART 3 - EMERGENCY NOTIFIABLE CONDITIONS

  • 327 Declaration of emergency notifiable condition as controlled notifiable condition
  • 328 What controlled notifiable conditions declaration must state
  • 329 Publication of declaration
  • 330 Duration of controlled notifiable conditions declaration
  • 331 Controlled notifiable conditions declaration may be amended

PART 4 - ROLE OF CHIEF EXECUTIVE

  • 332 Coordination responsibility

PART 5 - APPOINTMENT OF EMERGENCY OFFICERS

  • 333 Appointment of emergency officers (general)
  • 334 Qualifications for appointment as emergency officer (general)
  • 335 Appointment of emergency officers (medical)
  • 336 Qualifications for appointment as emergency officer (medical)
  • 337 Appointment conditions
  • 338 Chief executive to give copy of appointment to emergency officer
  • 339 Powers
  • 340 Identity cards
  • 341 Failure to return identity card
  • 342 Production or display of identity card by emergency officer

PART 6 - POWERS OF EMERGENCY OFFICERS

Division 1 - Entry of places

  • 343 Power to enter places
  • 344 Procedure before entry

Division 2 - Emergency powers

  • 345 Emergency powers
  • 346 Failure to comply with requirement
  • 347 General powers after entering places
  • 348 Failure to help emergency officer

PART 7 - EXTRA POWERS OF EMERGENCY OFFICERS (MEDICAL)

Division 1 - Detention powers

  • 349 Emergency officer (medical) may order detention
  • 350 Duration of order
  • 351 Enforcement of order
  • 352 Establishing isolation areas
  • 353 Person to be given opportunity of voluntarily complying with order
  • 354 Medical examination and treatment
  • 355 When detained person must be released before the end of the order

Division 2 - Extension of detention order

  • 356 Application to extend order
  • 357 Consideration of application
  • 358 Appeal

Division 3 - Other provisions about detention

  • 359 Application of div 3
  • 360 Obligations of emergency officer (medical) in relation to person detained
  • 361 Application to magistrate for order ending person’s detention
  • 362 Appeal

PART 7A - (Expired)

PART 7AA - (Expired)

PART 7B - (Expired)

PART 8 - GENERAL ENFORCEMENT MATTERS

  • 363 False or misleading statements
  • 364 False or misleading documents
  • 365 Obstructing emergency officers

PART 9 - COMPENSATION

  • 366 Entitlement to compensation
  • 367 When compensation is not payable
  • 368 Applying for compensation
  • 369 Lapsing of application
  • 370 Deciding application
  • 371 Notice about decision
  • 372 Review of decision
  • 373. (Repealed) 374. (Repealed) 375. (Repealed)

CHAPTER 9 - MONITORING AND ENFORCEMENT

PART 1 - AUTHORISED PERSONS

  • 376 Powers generally
  • 377 Appointment
  • 378 Qualifications for appointment
  • 379 Appointment conditions and limit on powers
  • 380 Issue of identity card
  • 381 Production or display of identity card
  • 382 When authorised person ceases to hold office
  • 383 Resignation
  • 384 Return of identity card

PART 2 - POWERS OF AUTHORISED PERSONS

Division 1 - Entry of places

  • 385 Power to enter places
  • 386 Power to enter place to ascertain if public health risk
  • 387 Power to enter place to check compliance with public health order
  • 388 Power to enter place to take steps if public health order not complied with
  • 388A Power to enter places to check compliance with improvement notice
  • 389 Power to enter place under approved inspection program
  • 389A Power to enter a prescribed facility—general
  • 389B Power to enter dwellings in residential aged care facilities
  • 390 Power to enter health care facility
  • 390A Power to enter place to monitor compliance with ch 5A

Division 2 - Procedure for entry

  • 391 Entry with consent
  • 392 Entry of place under s 386, 387, 388A or 389
  • 393 Entry of place under s 388
  • 394 Application for warrant
  • 395 Issue of warrant
  • 396 Application by electronic communication and duplicate warrant
  • 397 Defect in relation to a warrant
  • 398 Warrants—procedure before entry

Division 3 - General powers

  • 399 General powers after entering places
  • 400 Failure to help authorised person
  • 401 Failure to answer questions or give information

Division 4 - Vehicles

  • 402 Stopping motor vehicle

Division 5 - Power to seize evidence

  • 403 Seizing evidence at place that may be entered without consent or a warrant
  • 404 Seizing evidence at a place that may only be entered with consent or warrant

Division 6 - Power to remove or reduce public health risk under a warrant

Division 7 - Recovery of costs and expenses

  • 406 Cost of steps recoverable as a debt
  • 407 Cost of steps by local government a charge over land

Division 8 - Dealing with seized things

  • 408 Securing seized things
  • 409 Tampering with seized things
  • 410 Powers to support seizure
  • 411 Authorised person may require thing’s return
  • 412 Receipts for seized things
  • 413 Forfeiture of seized things
  • 414 Return of seized things
  • 415 Access to seized things

Division 9 - Power to obtain information

  • 416 Power to require name and address
  • 417 Failure to give name or address
  • 418 Power to require production of documents
  • 419 Failure to produce document
  • 420 Failure to certify copy of document

PART 3 - GENERAL ENFORCEMENT MATTERS

  • 421 Notice of damage
  • 422 Compensation
  • 423 False or misleading statements
  • 424 False or misleading documents
  • 425 Obstructing authorised persons
  • 426 Impersonation of authorised persons

PART 4 - APPROVED INSPECTION PROGRAMS

  • 427 Approved inspection program
  • 428 Notice of proposed inspection program
  • 429 Access to program

PART 5 - ANALYSIS OF THINGS

  • 430 Appointment and qualifications
  • 431 Appointment conditions
  • 432 When State analyst ceases to hold office
  • 433 Resignation
  • 434 Chief executive may approve laboratory
  • 435 Analysis
  • 436 Certificate must indicate methodology used

CHAPTER 10 - LEGAL PROCEEDINGS

PART 1 - APPLICATION

  • 437 Application of ch 10

PART 2 - EVIDENCE

  • 438 Appointments and authority
  • 439 Signatures
  • 440 Evidentiary provisions

PART 3 - PROCEEDINGS

  • 441 Summary offences
  • 442 Allegations of false or misleading information or document
  • 443 Recovery of costs of investigation
  • 444 Application for order for payment of costs under s 443
  • 445 Forfeiture on conviction
  • 446 Dealing with forfeited thing
  • 447 Responsibility for acts or omissions of representative
  • 448 Liability of executive officer—particular offences committed by corporation
  • 449 Fines payable to local government

PART 4 - APPEALS

  • 450 Who may appeal
  • 451 Starting an appeal
  • 452 Hearing procedures
  • 453 Appeal to District Court

CHAPTER 11 - MISCELLANEOUS

PART 1 - ANNUAL REPORT ON PUBLIC HEALTH ISSUES

  • 454 Chief executive to give Minister annual report

PART 1A - CIVIL LIABILITY FOR ASBESTOS-RELATED HARM

Division 1 - Preliminary

Division 2 - Protection from civil liability and indemnity

  • 454B Protecting prescribed persons from civil liability for asbestos-related harm
  • 454C Indemnifying local government against civil liability for asbestos-related harm
  • 454CA Local government must notify State of claim
  • 454D State may recover contribution in particular circumstances
  • 454E Limitation on indemnity

Division 3 - Indemnity conditions

  • 454F Purpose of div 3
  • 454G Training
  • 454H Compliance with Act, laws and guidelines
  • 454I Record-keeping

Division 4 - Annual compliance certificate

  • 454J Requirement for annual compliance certificate
  • 454K Acknowledgement of receipt of annual compliance certificate
  • 454L Evidentiary provision

PART 2 - OTHER PROVISIONS

  • 455 Delegations
  • 456 Protecting prescribed persons from liability
  • 457 Public officials for Police Powers and Responsibilities Act
  • 458 Approval of forms
  • 459 Service of documents
  • 460 Compliance with provisions about explaining and giving documents

PART 3 - REGULATIONS

  • 461 Regulation-making power

CHAPTER 12 - SAVINGS AND TRANSITIONAL

PART 1 - SAVINGS AND TRANSITIONAL PROVISIONS FOR ACT NO. 48 OF 2005

  • 462 Notifiable conditions
  • 463 Notifiable Conditions Register
  • 464 Order for removal or detention of person with notifiable disease
  • 465 Order to cleanse and disinfect premises
  • 466 Order closing a school
  • 467 Mandatory reporting
  • 468 Temporary custody of children
  • 469 Abatement of nuisance
  • 470 Notice relating to sewer, stormwater drain or sanitary convenience
  • 471 Cancer notifications
  • 472 Cancer registers
  • 473 Continued obligation to give cancer return
  • 474 Contractor
  • 475 Further information may be required about cancer returns
  • 476 Continuing obligation to give further information about cancer return
  • 477 Pap Smear Register
  • 478 Duty of director to give Pap smear information
  • 479 Chief executive’s duty to send notice
  • 480 Request to remove registered screening history
  • 481 Request to change identifying information
  • 482 Request for registered screening history
  • 483 Agreement to send out notices
  • 484 Designated health practitioners
  • 485 Perinatal Statistics Collection
  • 486 Notification about delivery
  • 487 Further information about perinatal statistics
  • 488 Notice to comply with standard about paint
  • 489 Authority to conduct scientific research and studies
  • 490 Offences
  • 491 References to Health Act 1937

PART 2 - TRANSITIONAL PROVISION FOR HEALTH LEGISLATION (RESTRICTION ON USE OF COSMETIC SURGERY FOR CHILDREN AND ANOTHER MEASURE) AMENDMENT ACT 2008

  • 492 When prohibition on performing cosmetic procedures on children does not apply

PART 3 - TRANSITIONAL PROVISIONS FOR HOSPITAL AND HEALTH BOARDS ACT 2011

PART 4 - TRANSITIONAL PROVISION FOR HEALTH LEGISLATION AMENDMENT ACT 2013

  • 495 Maternal Death Statistics Collection

PART 5 - SAVING PROVISION FOR HEALTH LEGISLATION AMENDMENT ACT 2020

  • 496 Proceeding for particular offence

PART 6 - TRANSITIONAL PROVISIONS FOR PUBLIC HEALTH AND OTHER LEGISLATION (PUBLIC HEALTH EMERGENCY) AMENDMENT ACT 2020

  • 497 Application of s 366
  • 498 Proceedings against repealed s 362D or 362J

PART 7 - TRANSITIONAL PROVISION FOR COMMUNITY SERVICES INDUSTRY (PORTABLE LONG SERVICE LEAVE) ACT 2020

  • 499 Application of s 362MD
  • 500. (Repealed) 501. (Repealed) 502. (Repealed) 503. (Repealed) 504. (Repealed) 505. (Repealed) 506. (Repealed)

PART 8 - TRANSITIONAL AND VALIDATION PROVISIONS FOR PUBLIC HEALTH AND OTHER LEGISLATION (FURTHER EXTENSION OF EXPIRING PROVISIONS) AMENDMENT ACT 2021

Division 1 - Provisions for amendments commencing on assent

  • 507 Validation of particular directions given by emergency officers
  • 507A Application of ch 8, pt 7A, div 6

Division 1A - Provisions applying on expiry of chapter 8, part 7A

  • 507B Application of division
  • 507C Interpretation
  • 507D Continuation of confidentiality requirements
  • 507E Continuation of limits on use of relevant information and derived evidence

Division 2 - Provision for amendments commencing by proclamation

  • 508 Application of s 362ME

Division 3 - Provisions applying on expiry of chapter 8, part 7AA

  • 509 Application of division
  • 510 Interpretation
  • 511 Continuation of liability under former s 362MD or 362ME arising before expiry
  • 512 Liability under s 362ME arising on or after expiry
  • 513 Continued application of former s 362MM
  • 514 Continued application of ss 362MN and 362MO

PART 9 - TRANSITIONAL PROVISIONS FOR PUBLIC HEALTH AND OTHER LEGISLATION (COVID-19 MANAGEMENT) AMENDMENT ACT 2022

  • 515 Application of part
  • 516 Proceedings for particular offence
  • 517 Continued application of s 142R

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