Division 1 Public health officers
121 Appointment of public health officers
The Director-General may appoint an individual to be the public health officer for a part of the State or for the purpose of exercising particular public health functions.
122 Functions of public health officers
(1) The public health officer for a part of the State has the following functions:(a) to investigate, and furnish reports to the Director-General on, matters affecting public health in that part of the State, if directed to do so by the Director-General,(b) to co-ordinate activities and local government authorities in that part of the State in relation to the reduction of any risks to public health in that part of the State,(c) to co-ordinate the activities of authorised officers in relation to the enforcement of this Act and the regulations within that part of the State,(d) such other functions as are conferred or imposed on the public health officer by or under this Act.(2) In the exercise of any such function, the public health officer is subject to the control and direction of the Director-General.(3) The public health officer for a part of the State may not exercise any function except in relation to matters concerning, or arising within, that part of the State.
123 Public health officers may give certain orders under Local Government Act 1993
(1) For the purpose of protecting public health, the public health officer for a part of the State may exercise the functions of a council to give orders Nos 7, 15, 16, 17, 18, 21, 22, 22A and 25 under the Table to section 124 of the Local Government Act 1993.(2) The Local Government Act 1993 applies to and in respect of the exercise of such a function by a public health officer in the same way as it applies to and in respect of the exercise of such a function by a council.
124 Exercise by public health officers of functions of authorised officers
The public health officer for a part of the State may exercise any of the functions of an authorised officer.
125 Delegation of public health officer’s functions
The public health officer for a part of the State may delegate to any member of the NSW Health Service any of the public health officer’s functions, other than this power of delegation.
Division 2 Authorised officers
126 Appointment of authorised officers
(1) The Director-General may appoint any:(a) member of staff of the Department, or(b) member of the NSW Health Service, or(c) member, or member of staff, of a body prescribed by the regulations,to be an authorised officer, either generally or in relation to any particular function exercisable by authorised officers under this or any other Act relating to public health.(2) A local government authority may appoint any member of its staff or a member of the staff of another government authority to be an authorised officer, either generally or in relation to any particular function exercisable by authorised officers under this Act or the Local Government Act 1993 relating to public health.(3) The Director-General, or a local government authority, may only appoint a person as an authorised officer if the person has, in the opinion of the Director-General or authority, appropriate qualifications or experience for such an appointment.
127 Functions of authorised officers
(1) Subject to the terms of his or her appointment, an authorised officer has such functions as are conferred or imposed on an authorised officer by or under this or any other Act.(2) An authorised officer appointed by a local government authority may not exercise any such function except in relation to matters concerning, or arising within, the authority’s area.
128 Delegation of Chief Health Officer’s functions
The Chief Health Officer may delegate any of the Chief Health Officer’s functions under this Act, other than this power of delegation, to any person.
129 Revocation or variation of notices or directions
(1) A notice or direction under this Act may be revoked or varied by a subsequent notice or notices or direction or directions.(2) A notice or direction may be varied by modification of, or addition to, its terms and specifications.(3) Without limiting the above, a notice or direction may be varied by extending the time for complying with the notice or direction.(4) A notice or direction may only be revoked or varied by the authority or person that gave it and in the manner required for the giving of the notice or direction.
A person who discloses any information obtained in connection with the administration or execution of this Act is guilty of an offence unless the disclosure is made:(a) with the consent of the person from whom the information was obtained, or(b) in connection with the administration or execution of this Act or the regulations, or(c) for the purposes of any legal proceedings arising out of this Act or the regulations, or of any report of any such proceedings, or(d) with the approval of the Chief Health Officer, or a person authorised by the Chief Health Officer to give the approval, to a person specified in the approval and the information consists of epidemiological data specified in the approval, or(e) in other prescribed circumstances, or(f) with other lawful excuse.Maximum penalty: 100 penalty units or imprisonment for 6 months, or both.
(1) A notice or other document referred to in this Act or the regulations may be served on any person:(a) in the case of a natural person:(i) by delivering it to the person personally, or(ii) by sending it by post to the address specified by the person for the giving or service of documents or, if no such address is specified, the residential or business address of the person last known to the person giving or serving the document, or(iii) by sending it by facsimile transmission to the facsimile number of the person, or(b) in the case of a body corporate:(i) by leaving it with a person apparently of or above the age of 16 years at, or by sending it by post to, the head office, a registered office or a principal office of the body corporate or to an address specified by the body corporate for the giving or service of documents, or(ii) by sending it by facsimile transmission to the facsimile number of the body corporate.(2) Nothing in this section affects the operation of any provision of a law or of the rules of a court authorising or requiring a document to be served on a person in any other manner.
132 Exclusion of liability of the State and others
(1) This section applies to civil proceedings for damages or other compensation brought against the State or any authority of the State.(2) Damages or other compensation is not payable in any such civil proceedings to which this section applies to the extent that the claim is based on alleged negligence or other breach of duty (including statutory duty) arising because of the exercise of, or the failure to exercise, in good faith any function under this Act.(3) This section does not affect any entitlement to compensation expressly conferred by this Act.
133 Exclusion of personal liability
(cf 1991 Act, s 77)
(1) A person who exercises a function under this Act in good faith and for the purpose of executing this Act is not subject personally to any action, liability, claim or demand based on the exercise of the function.(2) Without affecting the generality of subsection (1), a person is not subject personally to any legal proceedings, civil or criminal, for sending, giving or serving, in good faith, without negligence and for the purposes of this Act, a certificate, notice or other communication.
(cf 1991 Act, s 82)
(1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed, or that is necessary or convenient to be prescribed, for carrying out or giving effect to this Act.Note. Section 100 requires a code of conduct prescribed by the regulations under that section to have undergone public consultation before the regulation is made.(2) In particular, the regulations may make provision for or with respect to any of the following:(a) the prevention, mitigation and eradication of risks to public health,(b) the places at which, and the conditions subject to which, a person may be detained under a public health order,(c) regulating public health standards for public swimming pools and spa pools and premises where skin penetration procedures are carried out, including standards for cleanliness, hygiene and infection control,(d) the closure of public swimming pools and spa pools for any period during which they are a risk to public health,(e) the installation, operation, maintenance and inspection of a regulated system,(f) the functions (including powers of entry and inspection) of local government authorities and authorised officers in relation to a regulated system,(g) the directions that, in relation to a regulated system, may be given by a local government authority or an authorised officer during, or as a result of, an investigation of an occurrence of Legionnaires’ disease,(h) compliance with directions referred to in paragraph (g),(i) the provision of information by the owner or occupier of premises in relation to a regulated system which is installed on the premises,(j) the provision and keeping of operation manuals, and maintenance manuals, for a regulated system,(k) the keeping of records, and the making of reports, in relation to a regulated system,(l) the provision of information by the owner or occupier of premises at which a public swimming pool or spa pool is situated,(m) the provision of information by persons who carry out skin penetration procedures,(n) the cases in which, the manner in which, and the conditions under which, cremations of human remains may take place,(o) matters preliminary to, and consequential on, cremations of human remains,(p) other public health matters relating to the disposal and handling of human remains,(q) the registration of cremations and burials and (with any necessary modifications) the application to the registration of cremations of the provisions of any other Act, or of any law, in force in relation to the registration of a burial of the body of a deceased person,(r) the embalming, interment, disposal and exhumation of the bodies of deceased persons,(s) the preparation rooms, equipment and apparatus in mortuaries, crematories and cemeteries, and any other matter relating to mortuaries, crematories and cemeteries that is for the protection of the health of the public,(t) the inspection of mortuaries, crematories and cemeteries and of premises that may reasonably be suspected of being mortuaries, crematories or cemeteries,(u) the records to be kept in relation to mortuaries, crematories and cemeteries, and the inspection of records (including the making of copies or extracts from such records by or for authorised officers and the public), equipment and apparatus in mortuaries, crematories and cemeteries or premises that may reasonably be suspected of being mortuaries, crematories or cemeteries,(v) the fees that may be charged for the cremation of human remains, for the preservation or disposal of the ashes and for related services,(w) the payment of specified fees in relation to applications made, approvals given, improvement notices and prohibition orders given, and other matters arising, under this Act.(3) A regulation may apply, adopt or incorporate a publication as in force for the time being.(4) The regulations may create offences punishable by a penalty not exceeding 20 penalty units.
(1) The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.(2) The review is to be undertaken as soon as possible after the period of 5 years from the date of assent to this Act.(3) A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 5 years.