Contents (2010 - 127)
Public Health Act 2010 No 127
Status information

Long title

Part 1 Preliminary

1 Name of Act
2 Commencement
3 Objects
4 Responsibilities of local government relating to environmental health
5 Definitions
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
11 Power to close public premises on public health grounds
12 Power to direct disinfection or destruction of noxious articles

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 (cf 1991 Act, s 10IA)
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 Director-General’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 water-cooling or warm-water systems are installed on premises
32 Director-General 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 Director-General may give training directions relating to skin penetration procedures

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 Review of decision to refuse certificate of clearance
49 Compensation
50 Environmental health registers

Part 4 Scheduled medical conditions

Division 1 Preliminary

51 Definitions

Division 2 General precautions

52 Precautions against spread of certain medical conditions
53 Notification of death arising from scheduled medical condition

Division 3 Notification and treatment of Category 1, 2 and 3 conditions and other conditions

54 Medical practitioner to notify Director-General of Category 1 and 2 conditions
55 Pathology laboratories to notify Director-General 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 Director-General may direct persons to undergo medical examination
62 Authorised medical practitioner may make public health order
63 Duration of public health order
64 ADT may confirm public health orders relating to Category 5 conditions
65 ADT may continue public health order
66 ADT may 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
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 Restrictions on publication of proceedings

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 transmitted infections (cf 1991 Act, s 13)
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 Director-General 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 primary 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 registers

Division 1 Preliminary

89 Definitions

Division 2 The Pap Test Register

90 The Pap Test Register
91 Use of information in Pap Test Register
92 Circumstances in which identifying particulars may be disclosed
93 Provision of information for inclusion in Pap Test Register

Division 3 Right to anonymity

94 Woman may elect not to be identified in Pap Test Register
95 Woman may elect to have identifying particulars withheld from Pap Test Register
96 Health practitioner to provide information about Pap Test Register

Division 4 Other public health and disease registers

97 Registers that may be established
98 Public health and disease registers

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 for which no registration is required

100 Codes of conduct for unregistered health practitioners

Division 3 Provision of health services by health practitioners 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 Director-General
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

Division 3 Miscellaneous

128 Delegation of Chief Health Officer’s functions
129 Revocation or variation of notices or directions
130 Disclosure of information
131 Service of documents
132 Exclusion of liability of the State and others
133 Exclusion of personal liability
134 Regulations
135 Repeals
136 Review of Act

 Schedule 1 Scheduled medical conditions

 Schedule 2 Notifiable diseases

 Schedule 3 Vaccine preventable diseases

 Schedule 4 Amendment of Acts

 Schedule 5 Savings, transitional and other provisions

Historical notes