PUBLIC HEALTH ACT 2016

Table of Provisions

• Long Title
• Preamble

PART 1 -- Preliminary  

• 1 Short title
 
• 2 Commencement
 
• 3 Objects and principles
 
• 4 Terms used
 
• 5 Crown bound

PART 2 -- Administration

Division 1 -- Chief Health Officer

• 6 Functions of Chief Health Officer
 
• 9 Chief Health Officer may delegate
 
• 10 Power to delegate under Health Legislation Administration Act 1984 section 9 excluded
Subdivision 2 -- Designation of Chief Health Officer  
• 11 Minister to designate Chief Health Officer
 
• 12 Term of office and remuneration of Chief Health Officer
 
• 13 Resignation, vacation of office and removal from office
 
• 14 Acting Chief Health Officer
 
• 15 Authority of Acting Chief Health Officer

Division 2 -- Functions of local governments  

• 16 Functions of local governments
 
• 17 Appointment of environmental health officers
 
• 18 Chief Health Officer to approve qualifications and experience required by environmental health officers

Division 3 -- Functions of enforcement agencies  

• 19 Functions of enforcement agencies
 
• 20 Conditions on performance of functions by enforcement agencies
 
• 21 Enforcement agency may delegate
 
• 22 Reports by and about enforcement agencies

Division 4 -- Authorised officers  

• 23 Terms used
 
• 24 Designation of authorised officers
 
• 25 Certain authorised officers required to have qualifications and experience
 
• 26 Further provisions relating to designations
 
• 27 Lists of authorised officers to be maintained
 
• 28 When designation as authorised officer ceases
 
• 29 Chief Health Officer may issue guidelines about qualifications and experience of authorised officers
 
• 30 Certificates of authority
 
• 31 Issuing and production of certificate of authority for purposes of other written laws
 
• 32 Certificate of authority to be returned

Division 5 -- Advisory committees  

• 33 Establishment and functions of advisory committees

PART 3 -- General public health duty  

• 34 General public health duty
 
• 35 Consequences of failure to comply with general public health duty

PART 4 -- Serious public health risks and material public health risks  

• 36 Term used: engage in conduct
 
• 37 Offences relating to serious public health risks
 
• 38 Offences relating to material public health risks
 
• 39 Defence of due diligence
 
• 40 Alternative verdicts for certain offences
 
• 41 Determination by court of appropriate punishment

PART 9 -- Notifiable infectious diseases and related conditions

Division 1 -- Principles and declarations  

• 87 Principles applying in relation to this Part
 
• 88 Principles listed
 
• 89 Further provisions relating to application of principles
 
• 90 Declaration of notifiable infectious diseases
 
• 91 Declaration of notifiable infectious disease-related conditions
 
• 92 Orders by Minister

Division 2 -- Notification  

• 93 Term used: responsible pathologist
 
• 94 Notification of notifiable infectious diseases and notifiable infectious disease-related conditions
 
• 95 Offence of failing to notify Chief Health Officer
 
• 96 No liability for notifying Chief Health Officer

Division 3 -- Duty to inform  

• 97 Practitioners to provide patients with information
 
• 98 Offence of failing to provide patient with information

Division 4 -- Test orders  

• 99 Terms used
 
• 100 Chief Health Officer may make test orders
 
• 101 Process for making test order
 
• 102 Explanation of test order
 
• 103 Effect of test orders
 
• 104 Offences of failing to comply with test order
 
• 105 No payment may be required in relation to testing under test order
 
• 106 Enforcement of test orders
 
• 107 Warrant to enforce test order
 
• 108 Further provisions relating to warrant
 
• 109 Review by State Administrative Tribunal
 
• 110 Obtaining or taking samples under test orders
 
• 111 Test results to be reported
 
• 112 Person tested not to be identified
 
• 113 No liability for reporting test results
 
• 114 Division not limited by Mandatory Testing (Infectious Diseases) Act 2014

Division 5 -- Public health orders  

• 115 Terms used
 
• 116 Chief Health Officer may make public health orders
 
• 117 Effect of public health orders
 
• 118 Personal service of orders required
 
• 119 Explanation of public health order
 
• 120 Provisions applying if person detained under public health order
 
• 121 Minister to be informed of detention or release from detention under public health order
 
• 122 Offence to fail to comply with public health order
 
• 123 Responsible persons to facilitate compliance with public health order
 
• 124 Enforcement of public health orders
 
• 125 Warrant to apprehend person to whom public health order applies
 
• 126 Further provisions relating to warrant
 
• 127 Review by State Administrative Tribunal
 
• 128 Restriction on making of further public health order
 
• 129 Recognition of interstate public health orders
 
• 130 Further provisions applying to interstate public health orders operating in this State

Division 6 -- Reporting requirements  

• 131 Annual report to include information about test orders and public health orders

Division 7 -- Identifying and informing contact persons  

• 132 Terms used
 
• 133 Requiring information where person believed to have notifiable infectious disease
 
• 134 Requiring information where person believed to have been exposed to notifiable infectious disease
 
• 135 Requiring other persons to give required information
 
• 136 Authorised officer to produce evidence of authority
 
• 137 Offence to fail to comply with requirement to provide information
 
• 138 Protection from liability
 
• 139 Informing contact persons
 
• 140 Chief Health Officer may issue guidelines
 
• 141 Protection from liability

Division 8 -- Immunisation status of children

• 141A Terms used
Subdivision 2 -- Immunisation requirements for enrolment  
• 141B Responsible person to give immunisation status to person in charge
 
• 141C Immunisation certificates issued or declared by Chief Health Officer
 
• 141D Immunisation or exemption a condition of enrolment
Subdivision 3 -- Regulations relating to immunisation status of children  
• 142 Regulations relating to immunisation status of children and control of disease
Subdivision 4 -- Reporting requirements  
• 142A Annual report to include information about enrolments

Division 9 -- Advisory Panels  

• 143 Term used: Advisory Panel
 
• 144 Advisory Panels
 
• 145 Performance of functions and procedures
 
• 146 Protocols
 
• 147 Access to information

PART 11 -- Serious public health incident powers

Division 1 -- Authorisation to exercise serious public health incident powers  

• 152 Authorisation to exercise serious public health incident powers
 
• 153 Authorisation to state certain matters
 
• 154 Authorisation may be given orally or in writing

Division 2 -- Serious public health incident powers  

• 155 Terms used
 
• 156 Operation of this Division
 
• 157 Serious public health incident powers
 
• 158 Enforcement of requirement to undergo medical observation, medical examination
 
• 159 Provisions relating to requirement to remain at premises or remain quarantined
 
• 160 Review of requirement to remain at premises or remain quarantined
 
• 161 Authorised officer may be given assistance, and may use force
 
• 162 Failure to comply with requirements and directions
 
• 163 Review by State Administrative Tribunal

PART 12 -- Public health emergencies

Division 1 -- Relationship to Emergency Management Act 2005  

• 164 Relationship to Emergency Management Act 2005

Division 2 -- Public health emergency management plans  

• 165 Public health emergency management plans
 
• 166 Directions to, and duties of, public authorities

Division 3 -- Public health state of emergency declarations  

• 167 Minister may make public health state of emergency declaration
 
• 168 Duration of public health state of emergency declaration
 
• 169 Amendment of public health state of emergency declaration
 
• 170 Extension of public health state of emergency declaration
 
• 171 Revocation of public health state of emergency declaration
 
• 172 Notice of declaration
 
• 173 Limitation of stay of operation of public health state of emergency declaration

Division 4 -- Authorisation to exercise emergency powers  

• 174 Authorisation to exercise emergency powers during public health state of emergency
 
• 175 Authorisation to state certain matters
 
• 176 Authorisation may be given orally or in writing

Division 5 -- Emergency powers  

• 177 Terms used
 
• 178 Operation of this Division
 
• 179 Powers to obtain identifying particulars
 
• 180 Powers relating to movement and evacuation
 
• 181 Powers to use vehicles
 
• 182 Powers to control or use premises or property
 
• 183 Powers in relation to drugs and vaccines
 
• 184 Powers in relation to quarantine and medical or other procedures
 
• 185 Enforcement of requirement to undergo medical observation or medical or other procedure
 
• 186 Further provisions relating to requirement to remain in area or remain quarantined
 
• 187 Review of requirement to remain in area or remain quarantined
 
• 188 Information sharing
 
• 189 Regulations about information sharing for purposes of section
 
• 190 Other emergency powers
 
• 191 Further provisions relating to power to detain under section 185(1) or 190(1)(o)
  192. Review of detention  
• 193 Minister to be informed of detention or release from detention
 
• 194 Review by State Administrative Tribunal

Division 6 -- Other powers exercisable during public health state of emergency  

• 195 Powers of police relating to closure of places, movement and evacuation
 
• 196 Power of Chief Health Officer to direct public authorities during public health state of emergency
 
• 197 Chief Health Officer may authorise persons to administer, manufacture, supply or prescribe poisons
 
• 198 Further provisions relating to authority to administer, manufacture, supply or prescribe poisons

Division 7 -- General provisions  

• 199 General provisions regarding powers
 
• 200 General provisions regarding directions
 
• 201 Direction under Emergency Management Act 2005 prevails over inconsistent direction under this Part
 
• 202 Failure to comply with directions

PART 12A -- Infectious disease extreme circumstance declarations  

• 202A Minister may make IDEC declaration
 
• 202B Duration of IDEC declaration
 
• 202C Extension of IDEC declaration
 
• 202D Revocation of IDEC declaration
 
• 202E Notice of declaration
 
• 202F Limitation of stay of operation of IDEC declaration

PART 12B -- Recovery of certain costs relating to exercise of powers

Division 1 -- Fees payable by hotel-quarantined persons  

• 202G Terms used
 
• 202H Fee payable by hotel-quarantined person in relation to cost of quarantine
 
• 202I Period for payment of fee
 
• 202J Fee may be waived
 
• 202K Recovery of fees
 
• 202L Regulations

Division 2 -- Recovery of certain costs and expenses  

• 202M Recovery of costs and expenses of requiring premises to be cleaned

PART 12C -- Abortion

Division 1 -- Preliminary  

• 202MA Terms used
 
• 202MB Performance of abortion

Division 2 -- Performance of abortion by registered health practitioners  

• 202MC Performance of abortion by medical practitioner at not more than 23 weeks
 
• 202MD Performance of medical abortion by certain other registered health practitioners at not more than 23 weeks
 
• 202ME Performance of abortion by medical practitioner at more than 23 weeks
 
• 202MF Performance of medical abortion by certain registered health practitioners on direction of medical practitioner or prescribing practitioner
 
• 202MG Assistance by certain registered health practitioners or students in performance of abortion by medical practitioner or prescribing practitioner
 
• 202MH Registered health practitioner with conscientious objection to abortion
 
• 202MI Obligations of medical practitioners and prescribing practitioners who refuse to participate in abortion
 
• 202MJ Student with conscientious objection to abortion
 
• 202MK Compliance with Division relevant to professional conduct or performance
 
• 202ML The Criminal Code s. 177 does not apply
 
• 202MM Consent to performance of abortion on children who are not mature minors

Division 3 -- Performance of abortion by unqualified persons  

• 202MN Unqualified person must not perform abortion

Division 4 -- Protection from criminal liability  

• 202MO Person does not commit offence of abortion on themselves

Division 5 -- Information about abortion  

• 202MP Chief Health Officer may direct certain persons to give information about abortion
 
• 202MQ Purposes for which Chief Health Officer may record, use or disclose information given under s. 202MP
  202MR. Protection from liability

Division 6 -- Safe access to premises at which abortions are provided  

• 202N Purpose
 
• 202O Terms used
 
• 202P Offence to engage in prohibited behaviour within safe access zone
 
• 202Q Offence to publish or distribute recording

PART 13 -- Compensation and insurance

Division 1 -- Compensation  

• 203 Entitlement to compensation
 
• 204 Applying for compensation
 
• 205 Lapsing of application
 
• 206 Notice of decision
 
• 207 Review of decision as to payment of compensation
 
• 208 False compensation claim

Division 2 -- Insurance  

• 209 Extension of policy of insurance

PART 15 -- Inquiries  

• 227 Terms used
 
• 228 Chief Health Officer may conduct inquiry
 
• 229 Preliminary matters
 
• 230 Procedure
 
• 231 Hearings
 
• 232 Inquirer’s powers in relation to inquiry
 
• 233 Failure to comply with requirements of notice
 
• 234 Incriminating answers or documents
 
• 235 Disruption of inquiry
 
• 236 False information
 
• 237 Protection for certain purposes
 
• 238 Reports

PART 16 -- Powers of entry, inspection and seizure

Division 1 -- Entry, inspection and seizure  

• 239 Term used: reasonably suspects
 
• 240 Powers of authorised officers
 
• 241 Stopping of vehicles
 
• 242 Incriminating information or answers
 
• 243 Liability for complying with requirement to provide information, answer question or produce document or thing
 
• 244 Power of seizure
 
• 245 Application of Criminal Investigation Act 2006
 
• 246 Application for warrant to enter premises
 
• 247 How application made
 
• 248 Further provisions relating to application for warrant
 
• 249 Issue of warrant
 
• 250 Duration of warrant
 
• 251 Execution of warrant
 
• 252 Use of force
 
• 253 Failure to comply with requirements of authorised officers
 
• 254 False or misleading information
 
• 255 Obstructing, impersonating or threatening authorised officers

Division 2 -- Items seized by authorised officers  

• 256 Application of Criminal and Found Property Disposal Act 2006
 
• 257 Seized items
 
• 258 Notification of seizure
 
• 259 Immediate destruction or disposal of things seized
 
• 260 Return of seized item
 
• 261 Forfeiture of item
 
• 262 Cost of destruction or disposal of forfeited item
 
• 263 Return of forfeited item
 
• 264 Compensation
 
• 265 Review of decisions relating to compensation

PART 17 -- Crown exemptions

Division 1 -- Preliminary  

• 266 Terms used

Division 2 -- Ministerial exemptions for Crown and Crown authorities  

• 267 Minister may exempt Crown or Crown authority from certain provisions
 
• 268 Duration of exemption
 
• 269 Content of exemption
 
• 270 Effect of exemption
 
• 271 Minister to consult before amending or revoking exemption
 
• 272 Application of Interpretation Act 1984 to exemptions

Division 3 -- Compliance plans  

• 273 Exemption may require compliance plan
 
• 274 Development and approval of compliance plan
 
• 275 Annual review of compliance plan
 
• 276 Amendment or replacement of compliance plan

Division 4 -- Publication and reporting obligations  

• 277 Exemption-holder to make exemption and compliance plan publicly available
 
• 278 Annual report to include information about exemption and compliance plan

PART 18 -- Liability, evidentiary and procedural provisions

Division 1 -- Civil liability  

• 279 Contraventions not breach of statutory duty

Division 2 -- Criminal liability  

• 280 Commencing proceedings
 
• 281 Offences by employees -- liability of employer
 
• 282 Liability of officers for offence by body corporate
 
• 284 Liability of employees and agents
 
• 285 Disclosure by witnesses
 
• 286 Documentary evidence of certain matters
 
• 287 Court may order costs and expenses
 
• 288 Court may order forfeiture
 
• 289 Court’s powers in relation to registration and licences
 
• 290 Further provisions relating to orders under section

PART 19 -- Miscellaneous

Division 2 -- General  

• 297 Protection from liability for wrongdoing

Division 3 -- Provisions relating to information  

• 297A Offence of giving false or misleading information
 
• 298 Disclosure and use of information provided under Part 9 or
 
• 299 Information sharing
 
• 300 Guidelines relating to information sharing
 
• 301 Regulations relating to information sharing
 
• 302 Confidential information officially obtained

Division 4 -- Guidelines  

• 303 Guidelines

Division 5 -- Regulations  

• 304 Regulations -- general power
 
• 305 Regulations may adopt codes or legislation

Division 6 -- Review of Act  

• 306 Review of Act
 
• 306A Review of amendments made by Public Health Amendment (Immunisation Requirements for Enrolment) Act 2019
 
• 306B Review of amendments made by Public Health Amendment (Safe Access Zones) Act 2021
 
• 306C Review of amendments made by Abortion Legislation Reform Act 2023

PART 20 -- Transitional and savings provisions  

• 307 Terms used
 
• 308 Application of Interpretation Act 1984
 
• 309 References to Health Act 1911 and Health (Miscellaneous Provisions) Act 1911
 
• 310 Reference to Chief Health Officer to be temporarily read as Executive Director, Public Health for purposes of Part
 
• 311 Executive Director, Public Health to hold office as Chief Health Officer
 
• 312 Environmental health officers to be authorised officers for certain purposes
 
• 321 Transitional provisions for Blood and Tissue (Transmissible Diseases) Regulations 1985
 
• 322 Transitional regulations

PART 21 -- Transitional provisions for Abortion Legislation Reform Act 2023  

• 323 Term used: commencement day
 
• 324 Decisions made under Health (Miscellaneous Provisions) Act 1911 s. 334(7)(a) before commencement day
 
• 325 Applications made under Health (Miscellaneous Provisions) Act 1911 s. 334(9) before commencement day
  Uncommenced provisions table Defined terms