Contents (1991 - 10)
Public Health Act 1991 No 10
Status information

Long title

Part 1 Preliminary

1 Name of Act
2 Commencement
3 Definitions

Part 2 Health risks generally

4 Orders and directions during state of emergency
5 Public health risks generally
6 Disinfection or destruction of articles
7 (Repealed)
8 Closure of premises
9 Directions to public authorities
10 Direction to exercise statutory function

Part 2A Promotion and provision of health services

10AA Proceedings for offences against this Part
10AB Advertisement or promotion of health services
10AC Spinal manipulation not to be practised by unregistered person
10AD Prescribed electrophysical treatments not to be provided by unregistered person

Part 2B Safety of drinking water

Division 1 Preliminary

10A Definitions

Division 2 Functions of Chief Health Officer in relation to drinking water

10B Advice to public
10C Correction of misleading information
10D Chief Health Officer may delegate

Division 3 Functions of Director-General in relation to drinking water

10E Power to declare Chief Health Officer solely responsible for determining necessity for boil water advices
10F Power to enter and inspect premises of supplier
10G Power to require testing of drinking water
10H Power to require production of information

Division 4 General

10I Closure of water supply
10J Protection from liability
10K Evidentiary provision
10L Proceedings for offences under Part 2B
10M Regulations for the purposes of Part 2B

Part 3 Scheduled medical conditions

Division 1 General precautions

11 Precautions against spread of certain medical conditions

Division 2 Sexually transmissible medical conditions

12 Provision of information
13 Sexual intercourse—sexually transmissible medical condition

Division 3 Notification and treatment of certain medical conditions

14 Medical practitioner to notify certain scheduled medical conditions
15 Offence
16 Notification of test results—Category 3 medical condition

Division 4 Category 5 medical condition

17 Protection of identity
18 District Court may authorise disclosure of name and address
19 Notice by Director-General requiring disclosure of name and address

Division 5 Death from scheduled medical condition

20 Notification of certain deaths

Division 6 Public health orders—Categories 4 and 5

21 Definitions
22 Power to require medical examination
23 Making of public health order
24 Duration of public health order
25 Tribunal to review certain public health orders
26 Tribunal may continue public health order
27 Conditions applicable if person detained
28 Offence to contravene public health order
29 Apprehension of person who contravenes public health order
30 Action following apprehension or surrender
31 Revocation of public health order by authorised medical practitioner
32 Restriction on making of further public health order
33 Apprehension of escapee
34 Unlawful release from detention
35 Restrictions on publication
36 Inspection of medical records

Division 7 Procedural matters

37 Proceedings—Divisions 2 and 3
38 Proceedings—Division 6
39 Representation in proceedings under Division 6

Division 8 Other applications to Administrative Decisions Tribunal

40 Applications to Tribunal for review of action or direction of Minister
41 Applications to Tribunal for review of public health order relating to Category 4 medical condition
42 (Repealed)

Part 3A Control of vaccine preventable diseases

42A Definitions
42B Responsibilities of principals of schools with respect to immunisation
42C Responsibilities of directors of child care facilities with respect to immunisation
42D Duties of principals and directors when there is an outbreak of a vaccine preventable disease

Part 3B Pap Test Register

Division 1 Preliminary

42E Definitions

Division 2 New South Wales Pap Test Register

42F New South Wales Pap Test Register
42G Object of establishing Register
42H Contents of Register
42I Use of information in Register
42J Disclosure of identifying particulars in conjunction with test result
42K Provision of information for inclusion in Register

Division 3 Right to anonymity in Register

42L Application of Division
42M Woman may elect not to be identified in Register
42N Removal of identifying particulars from Register
42O Withholding of identifying particulars
42P Health practitioner to provide information about Register

Part 4 Microbial control

43 Purpose of Part 4
44 Definitions
45 Installation of system
46 Operation and maintenance of system
47 Powers of authorised officers
48 Directions to carry out maintenance requirements
49 Failure to comply with directions
50 Proceedings for offences under Part 4

Part 5 General health matters

51 Skin penetration procedures—power of environmental health officers to enter and inspect premises
52 Approval of equipment for crematory

Part 6 Tobacco and other smoking products

Division 1 Preliminary

53 Definitions

Division 2 Tobacco products

53A Tobacco products to which this Division does not apply
54 Certain sales prohibited
55 Packing of tobacco product without health warning prohibited
56 Sale of tobacco product without health warning prohibited
57 Prohibited words

Division 3 Juvenile smoking

58 Seizure of tobacco products or non-tobacco smoking products in possession of minors
58A Purchasing tobacco products or non-tobacco smoking products on behalf of minors
59 Sale of tobacco and non-tobacco smoking products to minors
59AA Evidence of age
59A Liability of employers
60 Confiscation of proof of age cards
61 Regulations

Division 4 Advertising of tobacco products

61A Objects of this Division
61B Certain advertising prohibited
61C Competitions
61D Free samples
61E Prohibition of sponsorships
61F Tobacco vending machines
61G Smokeless tobacco, confectionery and toys
61H Exemptions
61I Powers of authorised officers
61J Authorised officer may require information
61K Removal of certain advertisements
61L Consent required for prosecutions
61M Proceedings for offences
61N Penalties
61O Certain civil proceedings barred
61P Regulations

Part 7 Administration

Division 1 Medical officers of health

62 Nomination of medical officers of health
62A Appointment of acting medical officers of health
63 Medical districts
64 Inspection of, and extracts from, certain registers
65 Inspection of premises
66 Reports by medical officers of health
67 Exercise by medical officer of health of functions of environmental health officer

Division 2 Notifications by hospitals

68 Definitions
69 Chief executive officer to provide information

Division 3 Inspections and inquiries

70 Inspection of records
71 Inquiries by Director-General

Part 8 Miscellaneous

72 Powers of entry
73 Search warrants
74 Obstruction or assault of officers and others
75 Disclosure of information
76 Service of notices and other documents
77 Exclusion of personal liability
78 Offences by corporations
79 Proceedings for offences
80 Amendment of Schedules
81 Act binds the Crown
82 Regulations
83 Repeal of Public Health (Amendment) Act 1989 No 86
84 Savings and transitional provisions

 Schedule 1 Scheduled medical conditions

 Schedule 2 Health warnings

 Schedule 3 Notifiable diseases

 Schedule 4 Savings and transitional provisions

Historical notes