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 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
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
- 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
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
- 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 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 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 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 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
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
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
- 495 Maternal Death Statistics Collection
- 496 Proceeding for particular offence
- 497 Application of s 366
- 498 Proceedings against repealed s 362D or 362J
- 499 Application of s 362MD
500. (Repealed)
501. (Repealed)
502. (Repealed)
503. (Repealed)
504. (Repealed)
505. (Repealed)
506. (Repealed)
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
- 515 Application of part
- 516 Proceedings for particular offence
- 517 Continued application of s 142R