Division 1 Medical officers of health
62 Nomination of medical officers of health
(1) The Governor may nominate a medical practitioner to be a medical officer of health at such remuneration, if any, as is determined by the Governor.(2) Part 2 of the Public Sector Management Act 1988 does not apply to the nomination of a medical officer of health and a medical officer of health is not subject to that Part of that Act.(3) The regulations may confer or impose functions on a medical officer of health.
62A Appointment of acting medical officers of health
(1) The Director-General:(a) may, from time to time, appoint a medical practitioner to act as a medical officer of health during the illness or absence of the officer or while there is a vacancy in the office of such an officer, and(b) may, at any time, terminate the appointment.(2) A medical practitioner has, while acting as a medical officer of health, all the functions of the officer and is to be regarded as the officer.
(1) The Governor may, by order published in the Gazette:(a) describe a medical district (which may include a specified river, lake or harbour, or any specified coastal water or other water), and(b) nominate a specified medical practitioner as the medical officer of health for the medical district on and from a date stated in the order.(2) An order under this section may describe a group of medical districts and nominate the same medical practitioner as the medical officer of health for each of them.(3) The medical officer of health nominated for a medical district may exercise his or her functions under this Act only:(a) within that medical district, or(b) with the authority of the Director-General, within any other medical district during the absence, or a vacancy in the office, of its medical officer of health.(4) With the authority of the Director-General, a medical practitioner who is an officer of the Department of Health and has the prescribed qualifications may, in any medical district, exercise any of the functions of the medical officer of health for the medical district.
64 Inspection of, and extracts from, certain registers
(1) A medical officer of health (or any person authorised by a medical officer of health) may, at any reasonable time, inspect the registers kept under the Births, Deaths and Marriages Registration Act 1995.(2) With the authority of the Director-General, an officer of the Department of Health may, at any reasonable time, inspect those registers.(3) The Registrar of Births, Deaths and Marriages is to make such arrangements as may be necessary for an extract from, or a copy of an entry in, a register to be supplied if required by a medical officer of health (or any person authorised by a medical officer of health), or an officer of the Department of Health, entitled under this section to inspect the register.
(1) For the purpose of giving effect to this Act, a medical officer of health (or any person authorised by a medical officer of health) may, at any reasonable time, enter and inspect any premises and may make inquiries of any person found on the premises.(2) Section 72 (Powers of entry) applies in relation to any entry on premises for the purposes of this section and to any inspection or other action that is authorised by this section.
66 Reports by medical officers of health
(1) If:(a) a matter affecting the health of the public in a medical district comes to the notice of the medical officer of health for the district, or(b) the Director-General requests the medical officer of health for a medical district to provide a report on a specified matter affecting the health of the public in the district,the medical officer of health is to provide the Director-General with a report on the matter as soon as possible.(2) If a matter in respect of which a medical officer of health provides a report under this section is a matter in respect of which a local authority may, or must, exercise a function, the medical officer of health is to send a copy of the report to the local authority.
67 Exercise by medical officer of health of functions of environmental health officer
A medical officer of health (or any person authorised by a medical officer of health) may exercise any functions of an environmental health officer employed by a local authority.
Division 2 Notifications by hospitals
In this Division:chief executive officer, in relation to a hospital, means the person responsible for the day to day administration of the affairs of the hospital.
hospital means:
(a) a public hospital within the meaning of the Health Services Act 1997, or(b) (Repealed)(c) a hospital, or a health care agency, within the meaning of the Mental Health Act 1990, or(d) an establishment within the meaning of the Private Hospitals and Day Procedure Centres Act 1988, or(e) a nursing home, or(f) any other institution prescribed by the regulations as a hospital for the purposes of this Division.notifiable disease means a medical condition listed in Schedule 3.
69 Chief executive officer to provide information
(1) A person who is providing professional care or treatment at a hospital and who has reasonable grounds for believing that:(a) a patient at the hospital has a notifiable disease, or(b) a person who was a patient at the hospital had a notifiable disease at any time during the person’s stay in the hospital,has a duty, and is authorised, to ensure that the chief executive officer of the hospital is aware of the matter.(2) The chief executive officer of the hospital must provide the Director-General, in accordance with the regulations, with such information as may be prescribed by the regulations in relation to:(a) a patient at the hospital who has a notifiable disease, or(b) a person who was a patient at the hospital and who had a notifiable disease at any time during the person’s stay in the hospital.Maximum penalty: 50 penalty units.
(3) The chief executive officer’s obligation under subsection (2) arises immediately the chief executive officer is made aware, or otherwise has reasonable grounds for believing, that the patient (or person who was a patient) concerned has (or had) the disease.(4) It is a defence to a prosecution under this section if the chief executive officer satisfies the court that he or she had reasonable cause to believe that the information concerned had been provided to the Director-General.(5) Proceedings for an offence under this section may be commenced at any time within, but not later than, 2 years after the time at which the offence is alleged to have been committed.
Division 3 Inspections and inquiries
(1) The Minister may, at any reasonable time, inspect any written records of a public authority that relate to public health.(2) It is the duty of a public authority to make available any written record required for inspection in accordance with this section.(3) If:(a) a record kept by a public authority is not a written record, and(b) it could have been inspected under this section if it had been a written record, and(c) the Minister requires the public authority to produce, and make available for inspection under this section, a written copy of the record,the public authority has a duty to comply with the requirement.(4) Section 72 (Powers of entry) applies in relation to an inspection under this section.
71 Inquiries by Director-General
(1) The Director-General may inquire into:(a) any matter relating to the health of the public, or(b) any matter that, under this Act, authorises a direction by, or that requires the approval or consent of, the Minister or the Director-General, or(c) any alleged offence under this Act.(2) For the purposes of an inquiry under this section, a person authorised by the Director-General may enter any premises and:(a) require the occupier of the premises to make available for inspection any records that are in the possession, or under the control, of the occupier and relate to a matter in respect of which an inquiry is authorised by this section, and(b) inspect any records, whether or not made available under paragraph (a), that are on the premises and relate to such a matter, and(c) take samples for the purpose of analysis of a substance found on the premises.(3) If:(a) a record kept on any premises is not a written record, and(b) a person authorised by the Director-General for the purposes of this section could have inspected the record if it had been a written record, and(c) a person so authorised requires the occupier of the premises to make available for inspection a written copy of the record, and(d) the occupier refuses or fails to comply with the requirement,the occupier is guilty of an offence.Maximum penalty: 50 penalty units.
(4) Section 72 (Powers of entry) applies in relation to any entry on premises for the purposes of this section and to any inspection or other action that is authorised by this section.