PUBLIC HEALTH ACT 2010 - As at 1 September 2023 - Act 127 of 2010
- As at 1 September 2023 - Act 127 of 2010Table of Provisions
PART 1 - PRELIMINARY
- 1 Name of Act
- 2 Commencement
- 3 Objects
- 4 Responsibilities of local government relating to environmental health
- 5 Definitions
- 5A Local government authority for Western Division
- 6 Act binds Crown
PART 2 - GENERAL PUBLIC HEALTH
- 7 Power to deal with public health risks generally
- 8 Power to deal with public health risks during state of emergency
- 9 Power to deal with public health risks arising from conduct of public authorities
- 10 Offence not to comply with Ministerial direction
- 10A Order may adopt publication
- 11 Power to close public premises on public health grounds
- 12 Power to direct disinfection or destruction of noxious articles
PART 2A - PUBLIC WARNINGS ABOUT HEALTH MATTERS
PART 3 - ENVIRONMENTAL HEALTH
Division 1 - Safety measures for drinking water
- 13 Definitions
- 14 Evidentiary provision
- 15 Drinking water must be fit for human consumption
- 16 Power to take action with respect to unsafe water
- 17 Offence not to comply with Ministerial direction
- 18 Power to direct testing of drinking water
- 19 Power to direct production of information
- 20 Offence not to comply with Secretary's direction
- 21 Chief Health Officer responsible for determining necessity for boil water advices
- 22 Advice to public
- 23 Correction of misleading information
- 24 Protection from liability
- 25 Quality assurance programs
Division 2 - Legionella control
- 26 Definitions
- 27 Exemption of certain premises
- 28 Installation of regulated systems
- 29 Operation of regulated systems
- 30 Maintenance of regulated systems
- 31 Notification required where cooling water or warm-water systems are installed on premises
- 32 Secretary may give training directions
- 33 Investigation of outbreaks of Legionnaires' disease
Division 3 - Control of public swimming pools and spa pools
- 34 Definitions
- 35 Operation of premises where public pools are situated
- 36 Disinfection and cleaning of public pools
- 37 Pools subject to prohibition orders
Division 4 - Control of skin penetration procedures
- 38 Operation of skin penetration procedures
- 39 Secretary may give training directions relating to skin penetration procedures
- 39A Eyeball tattooing to be carried out by medical practitioner or other qualified person
Division 5 - Improvement notices and prohibition orders
- 40 Definitions
- 41 Non-complying premises or procedures
- 42 Improvement notices
- 43 Compliance with improvement notice
- 44 Failure to comply with notice relating to regulated system
- 45 Prohibition order
- 46 Request for re-inspection
- 47 Contravention of prohibition order
- 48 Administrative review of decision to refuse certificate of clearance
- 49 Compensation
- 50 Environmental health registers
PART 4 - SCHEDULED MEDICAL CONDITIONS
Division 1 - Preliminary
Division 2 - General precautions
- 52 Precautions against spread of certain medical conditions 53. (Repealed)
Division 3 - Notification and treatment of Category 1, 2 and 3 conditions and other conditions
- 54 Medical practitioner to notify Secretary of Category 1 and 2 conditions
- 55 Laboratories to notify Secretary of Category 3 conditions
- 56 Protection of patient's identity
- 57 Notification of other conditions
- 58 District Court may authorise disclosure of name and address
- 59 Proceedings for offences
Division 4 - Public health orders for Category 4 and 5 conditions
- 60 Definitions
- 61 Secretary may direct persons to undergo medical examination or testing
- 62 Making of public health orders relating to person with Category 4 or 5 condition or contact order condition
- 63 Duration of public health order
- 64 NCAT may confirm certain public health orders
- 65 NCAT may continue public health order
- 66 NCAT may administratively review public health orders relating to Category 4 conditions
- 67 Revocation of public health order by authorised medical practitioner
- 68 Restriction on making of further public health order
- 69 Inspection of medical records
- 70 Offence not to comply with public health order
- 71 Arrest of persons who contravene public health orders 71A. (Repealed)
- 72 Arrest of escapee
- 73 Action following arrest or surrender
- 74 Conditions applicable if person detained pursuant to public health order
- 75 Unlawful release from detention 76. (Repealed)
PART 5 - OTHER DISEASE CONTROL MEASURES AND NOTIFICATIONS
Division 1 - Sexually transmitted infections
- 77 Definition
- 78 Medical practitioners to provide information to patients with sexually transmitted infections
- 79 Duties of persons in relation to sexually transmissible diseases or conditions
- 80 Proceedings for offences to be heard in closed court
Division 2 - Notifiable diseases
- 81 Notifiable disease listings
- 82 Health practitioners to make hospital CEO aware of notifiable diseases
- 83 Hospital CEO to notify Secretary of notifiable diseases
Division 3 - Notification of certain deaths
- 84 Notification of deaths arising after anaesthesia or sedation for operations or procedures
Division 4 - Vaccine preventable diseases
- 85 Definitions
- 86 Responsibilities of principals of schools with respect to immunisation
- 87 Responsibilities of principals of child care facilities with respect to immunisation
- 88 Responsibilities of principals during outbreaks of vaccine preventable disease
PART 6 - PUBLIC HEALTH AND DISEASES REGISTERS
89-96. (Repealed)PART 6A - ACCESS TO CERTAIN REPRODUCTIVE HEALTH CLINICS
- 98A Definitions
- 98B Objects of Part
- 98C Interfering with access of persons to reproductive health clinics
- 98D Causing actual or potential distress or anxiety to persons in safe access zones
- 98E Capturing and distributing visual data of persons in safe access zone
- 98F Exemptions from application of Part
PART 7 - MISCELLANEOUS HEALTH SERVICES
Division 1 - Provision and promotion of health services
- 99 Advertisement or promotion of health services
Division 2 - Provision of health services by non-registered health practitioners and relevant health organisations
- 100 Codes of conduct for non-registered health practitioners and relevant health organisations
Division 3 - Provision of health services by persons who are de-registered or subject to prohibition orders
- 101 Definitions
- 102 Provision of health services by persons who are de-registered or subject to prohibition orders
- 103 Advertising of health services if person is de-registered or subject to a prohibition order
Division 4 - Nursing homes
- 104 Nursing homes to be staffed by registered nurses
PART 8 - ENFORCEMENT OF ACT
Division 1 - General inspections and inquiries
- 105 Inspection of documents
- 106 Inquiries by Secretary
- 107 Inspection of, and extracts from, births, deaths and marriages registers
- 108 Powers of authorised officers to enter premises
- 109 Search warrants
Division 2 - Power to demand information
- 110 Power of authorised officers to require answers
- 111 Requirement to provide information and documents
- 112 Power of authorised officers to direct name and address to be provided
Division 3 - Offences
- 113 Offence not to comply with direction
- 114 Provisions relating to requirements to furnish documents, information or answer questions
- 115 Offence to impersonate authorised officer
- 116 Offence to obstruct or assault persons exercising their functions
- 117 Proceedings for offences
- 118 Penalty notices
- 119 Offences by corporations
- 120 Continuing offences
PART 9 - ADMINISTRATION
Division 1 - Public health officers
- 121 Appointment of public health officers
- 122 Functions of public health officers
- 123 Public health officers may give certain orders under Local Government Act 1993
- 124 Exercise by public health officers of functions of authorised officers
- 125 Delegation of public health officer's functions
Division 2 - Authorised officers
- 126 Appointment of authorised officers
- 127 Functions of authorised officers
- 127A Identification
Division 3 - Miscellaneous
- 128 Delegation of Chief Health Officer's functions
- 129 Revocation or variation of notices or directions
- 129A Notification of deaths by Registrar of Births, Deaths and Marriages
- 130 Disclosure of information
- 130A Secretary cannot be compelled to produce certain information in proceedings
- 131 Service of documents
- 131A Annual reporting information
- 132 Exclusion of liability of the State and others
- 133 Exclusion of personal liability
- 134 Regulations
- 135 COVID-19 emergency measures
- 136 Review of amendments made by Public Health Amendment (Review) Act 2017
- SCHEDULE 1
- SCHEDULE 1A
- SCHEDULE 2
- SCHEDULE 3 Schedule 4 (Repealed)
- SCHEDULE 5