(1) A local government authority has, in relation to its area, the responsibility to take appropriate measures to ensure compliance with the requirements of this Act in relation to private water suppliers, water carters, public swimming pools and spa pools, regulated systems and premises on which skin penetration procedures are carried out (as referred to in Part 3).
(cf 1991 Act, s 5) (1) This section applies if the Minister considers on reasonable grounds that a situation has arisen that is, or is likely to be, a risk to public health. (2) In those circumstances, the Minister—
(a) may take such action, and (b) may by order give such directions, as the Minister considers necessary to deal with the risk and its possible consequences.
(cf 1991 Act, s 10M) (1) A supplier of drinking water must have a quality assurance program. Maximum penalty—
(a) in the case of an individual—50 penalty units, or (b) in the case of a corporation—250 penalty units.
(cf 1991 Act, s 45)
(cf 1991 Act, s 46)
(cf 1991 Act, s 46)
(1) A person against whom a prohibition order is made who suffers loss as a result of the making of the order may apply to the person who made the order for compensation if the person against whom the order is made considers that the order was not made in good faith or that there were no grounds for the making of the order. (2) If the order was not made in good faith or there were no grounds for the making of the order, the Secretary, the local government authority or the council (if the order was issued by the General Manager of the council) is to pay such compensation to the applicant as is just and reasonable.
(cf 1991 Act, ss 14 and 15) (1) This section applies if a registered medical practitioner—
(a) attends a person in connection with a Category 1 condition, or (b) while attending a person in connection with any medical condition, reasonably suspects that the person has a Category 2 condition, or (c) as a result of conducting a post-mortem examination, reasonably suspects that a person’s cause of death involves a Category 1 or 2 condition. (2) In these circumstances, the registered medical practitioner must, as soon as practicable—
(a) record such particulars concerning the person’s medical condition as may be prescribed by the regulations, and (b) send to the Secretary a certificate, in the approved form, of the particulars so recorded.
(cf 1991 Act, s 16) (1) This section applies if—
(a) a pathology test is carried out at the request of a registered medical practitioner or other person of a class prescribed by the regulations ( the requesting practitioner ) for the purpose of determining whether a person has a Category 3 condition, and(b) the test has a positive result.
(cf 1991 Act, s 17) (1) A registered medical practitioner must not include a patient’s name or address in a certificate under section 54 or in information provided under section 54 or 55 if the condition to which the certificate or information relates is a Category 5 condition.
(cf 1991 Act, s 22) (1) This section applies if the Secretary—
(a) knows, or suspects on reasonable grounds, that a person has a Category 4 or 5 condition, and (b) considers that the person may, on that account, be a risk to public health, and (c) considers that the nature of the condition warrants medical examination or testing relating to the condition.
(cf 1991 Act, s 23) (1) An authorised medical practitioner may make a public health order in respect of a person if satisfied, on reasonable grounds, that—
(a) the person has a Category 4 or 5 condition and because of the way the person behaves may, as a consequence of that condition, be a risk to public health, or (b) the person—
(i) has been exposed to a contact order condition, and (ii) is at risk of developing the contact order condition, and (iii) because of the way the person behaves, may be a risk to public health. (2) A public health order—
(a) must be in writing, and (b) must name the person subject to the order, and (c) must state the grounds on which it is made, and (d) must state that, unless sooner revoked, it expires—
(i) if the public health order is made in respect of a person referred to in subsection (1)(b)—at the end of the period specified opposite the relevant condition in Schedule 1A, or (ii) in any other case—at the end of a specified period (not exceeding 28 days), after it is served on the person subject to the order. Note— An order based on a Category 5 condition expires after 3 days unless an application is made for its confirmation (see section 63(2)). (3) A public health order may require the person subject to the order to do any one or more of the following—
(a) to refrain from specified conduct, (b) to undergo specified treatment (whether at a specified place or otherwise), (c) to undergo counselling by one or more specified persons or by one or more persons belonging to a specified class of persons, (d) to submit to the supervision of one or more specified persons or of one or more persons belonging to a specified class of persons, (e) to notify the Secretary of other persons with whom the person has been in contact within a specified period, (f) to notify the Secretary if the person displays any specified signs or symptoms, (g) to undergo a specified kind of medical examination or test relating to the condition for which the order was made.
(cf 1991 Act, s 24)
(cf 1991 Act, s 25) (1) An application may be made to the Civil and Administrative Tribunal for confirmation of a public health order based on a Category 5 condition or made in relation to a person referred to in section 62(1)(b). Note— The confirmation of any such order is a decision for the purposes of the. Civil and Administrative Tribunal Act 2013 (2) As soon as practicable after such an application is made, the Civil and Administrative Tribunal is to inquire into the circumstances surrounding the making of the public health order.
(cf 1991 Act, s 26) (1) At any time before the expiration of—
(a) a public health order based on a Category 4 condition, or (b) a public health order based on a Category 5 condition and confirmed under section 64, an authorised medical practitioner may apply to the Civil and Administrative Tribunal for continuation of the order.
(cf 1991 Act, s 29) (1) An authorised medical practitioner may issue a certificate to the effect that a named person is contravening a public health order.
(cf 1991 Act, s 30)
(1) A person who knows that he or she has a notifiable disease, or a scheduled medical condition, that is sexually transmissible is required to take reasonable precautions against spreading the disease or condition. Maximum penalty—100 penalty units or imprisonment for 6 months, or both.
(cf 1991 Act, s 69) (1) If the chief executive officer of a hospital suspects that—
(a) a patient at the hospital has a notifiable disease, or (b) a former patient has had a notifiable disease while a patient at the hospital, the chief executive officer must, as soon as practicable, provide the Secretary with such information as may be prescribed by the regulations in relation to the patient or former patient. Maximum penalty—50 penalty units.
(cf 1991 Act, s 42A)
(cf 1991 Act, s 42B)
(1) Certificates for immunisation or exemption must be provided before enrolment The principal of a child care facility must not enrol a child, or permit a child to enrol, at the child care facility unless the parent of the child, or the principal of another child care facility, has provided to the principal—
(a) a vaccination certificate and, if the vaccination certificate does not cover some of the vaccine preventable diseases for which immunisation at the child’s age is recommended by the NSW Immunisation Schedule, a medical certificate in respect of any vaccine preventable disease not covered by the vaccination certificate, or (b) if a vaccination certificate is not provided—a medical certificate in respect of the vaccine preventable diseases for which immunisation at the child’s age is recommended by the NSW Immunisation Schedule. (c) Maximum penalty—50 penalty units. (2) A person must not forge or falsify a certificate that is required to be provided under this section. Maximum penalty—50 penalty units. (3) Exemptions from pre-enrolment requirement A principal of a child care facility is not required to comply with subsection (1) before enrolling, or permitting the enrolment of, a child at the child care facility in the circumstances prescribed by the regulations for the purposes of this section.
(cf 1991 Act, s 42D) (1) The principal of a school or child care facility must, as soon as practicable, ensure that the public health officer is given notice in writing, in the approved form, if—
(a) the principal becomes aware that a child enrolled at the school or facility has a vaccine preventable disease, or (b) the principal reasonably suspects that a child enrolled at the school or facility who is a child at risk has come into contact with a person who has a vaccine preventable disease. (2) On receiving a notice referred to in subsection (1) or if the public health officer reasonably believes that a child at risk has come into contact with a person who has a vaccine preventable disease, the public health officer may direct the principal of the school or child care facility to do either or both of the following, in respect of the child that has the disease, the child who has come into contact with a person who has the disease and any other child enrolled at the school or facility who is a child at risk—
(a) to give to a parent of each such child a notice to the effect that, unless specified requirements are complied with in respect of the child within a specified period, the child is not to attend the school or facility for the duration of the outbreak of the disease, (b) to take other specified action with respect to each such child.
(1) A public health or disease register may be established and maintained under this Part for any of the following purposes—
(a) to facilitate the care, treatment and the follow up of persons who have diseases or have been exposed to diseases, (b) to facilitate the identification of sources of infection and the control of outbreaks of diseases, (c) to facilitate the identification and monitoring of risk factors for diseases or conditions that have a substantial adverse impact on the population, (d) to facilitate the measurement and monitoring of outcomes of specified population health interventions, (e) to facilitate the identification and monitoring of exposure to chemicals or other environmental factors that impact, or may impact, adversely on the health of individuals, (f) any other purpose prescribed by the regulations for the purpose of this section.
(1) The Secretary may establish and maintain, or arrange for the establishment and maintenance of, a register of a kind specified by an order under this Part. (2) The Secretary may enter into an agreement or arrangement with any other person for the establishment or maintenance, or both, of any such register. (3) The Secretary may enter into an agreement or arrangement with a local government authority or government or non-government agency, or any other person, for the provision and use of information for the purposes of any such register.
(1) In this section— interfere with includes harass, intimidate, beset, threaten, hinder, obstruct or impede by any means.
(1) A person must not intentionally capture visual data of another person, by any means, without that other person’s consent if that other person is in a safe access zone. Maximum penalty—
(a) for a first offence—50 penalty units or imprisonment for 6 months, or both, or (b) for a second or subsequent offence—100 penalty units or imprisonment for 12 months, or both.
(cf 1991 Act, s 10AM)
(1) In this Division— corresponding interstate prohibition order means an order made under a law of another State or Territory prescribed by the regulations for the purposes of this Division.de-registered health practitioner means a health practitioner whose registration as a health practitioner is cancelled or is suspended under health registration legislation or who is disqualified from being registered as a registered health practitioner in a health profession.health registration legislation means theor the law of another State or Territory that provides for the registration of health practitioners and includes any former law of a State or Territory that provided for the registration of health practitioners. Health Practitioner Regulation National Law (NSW) prohibition order means a prohibition order made under theor section 41A or 45C of the Health Practitioner Regulation National Law (NSW) , and includes an interim prohibition order made under section 41AA or 45B of that Act and any corresponding interstate prohibition order. Health Care Complaints Act 1993
(cf 1991 Act, s 10AK) (1) Before providing a health service, a de-registered health practitioner must ensure that—
(a) the person to whom the health practitioner intends to provide the health service or, if that person is under 16 years of age or under guardianship, a parent or guardian of the person, and (b) if the health service is to be provided by the health practitioner as an employee, the health practitioner’s employer, are notified, in accordance with the regulations, that the health practitioner’s registration under health registration legislation has been cancelled, or is suspended, as the case may be. Maximum penalty—100 penalty units, or imprisonment for 6 months, or both.
(cf 1991 Act, s 10AL)
(cf 1991 Act, s 52)
(cf 1991 Act, s 71) (1) The Secretary may inquire into—
(a) any matter relating to public health, or (b) any matter that, under this Act, authorises an order or direction by, or that requires the approval or consent of, the Minister, the Secretary or the Chief Health Officer, or (c) any alleged offence under this Act or the regulations. (2) The Secretary may authorise a person in writing to exercise the functions specified by the authority for the purposes of assisting the inquiry.
(1) For the purposes of this Act, an authorised officer—
(a) may enter and inspect any premises, either alone or together with such other persons as the authorised officer considers necessary, and (b) may inspect any documents that are on the premises and, for that purpose, may direct the occupier of the premises—
(i) to make available for inspection any documents that are in the possession, or under the control, of the occupier, or (ii) in the case of a document that is not in writing but is capable of being reduced to writing, to produce, and make available for inspection, a written copy of the document, and (c) may make copies of, or take extracts from, any such documents, and (d) may, for the purpose of analysis, take samples of any substance found on the premises, and (e) may examine and inspect any apparatus or equipment on any premises, and (f) may take such photographs, films and audio, video and other recordings as the authorised officer considers necessary, and (g) may, for the purpose of collecting evidence of a contravention of this Act or the regulations, take samples of any substance or take possession of any thing that the authorised officer believes may constitute such evidence. (2) An authorised officer may not exercise a power conferred by subsection (1) unless the authorised officer—
(a) is in possession of a search warrant or an identification card that identifies him or her as an authorised officer, and (b) produces the warrant or identification card if required to do so by the occupier of the premises, and (c) gives reasonable notice to the occupier of the premises of intention to exercise the power, unless the giving of notice would defeat the purpose for which it is intended to exercise the power, and (d) exercises the power at a reasonable time, unless it is being exercised in an emergency.
(1) An authorised officer may apply to an authorised warrants officer for a search warrant if the authorised officer suspects that a provision of this Act or the regulations has been or is being contravened on premises.
(1) An authorised officer may, by notice in writing, direct a person whom the authorised officer suspects on reasonable grounds to have knowledge of matters about which he or she requires information in connection with the exercise of his or her functions—
(a) to answer questions in relation to those matters, and (b) if a meeting with the authorised officer is reasonably necessary to enable questions in relation to those matters to be properly asked and answered, to meet with the authorised officer to answer such questions. (2) The Secretary or authority that appointed an authorised officer may, by notice in writing, direct a corporation to nominate, in writing and within a specified time, a director or officer of the corporation to represent the corporation for the purpose of answering any such questions.
(1) An authorised officer may, by notice in writing, direct a person to furnish to the authorised officer such information or documents as the authorised officer requires in connection with the exercise of the authorised officer’s functions.
(1) A person is not guilty of an offence of failing to comply with a direction under this Part to furnish documents or information, or to answer a question, unless the person was warned on that occasion that a failure to comply is an offence. (2) A person is not excused from a direction under this Part to furnish documents or information, or to answer a question, on the ground that the document, information or answer might incriminate the person or make the person liable to a penalty.
(1) Subject to this section, proceedings for an offence under a provision of this Act or the regulations may be disposed of in a summary manner before the Local Court or before the Supreme Court in its summary jurisdiction. (2) Subject to subsection (3), proceedings for an offence under such a provision may be commenced at any time within 12 months after the offence was allegedly committed.
(1) An authorised officer may issue a penalty notice to a person if it appears to the officer that the person has committed a penalty notice offence. (2) A penalty notice offence is an offence against this Act or the regulations that is prescribed by the regulations as a penalty notice offence.
(cf 1991 Act, s 78)
(1) A notice or direction under this Act may be revoked or varied by a subsequent notice or notices or direction or directions.
(1) This section applies to civil proceedings for damages or other compensation brought against the State or any authority of the State.
(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.
(1) The Minister will review the amendments made to section 62 and Division 1 of Part 5 by the to determine whether the policy objectives of those amendments remain valid and whether the terms of those provisions as amended remain appropriate for securing those objectives. Public Health Amendment (Review) Act 2017
(Section 51) Definitions In this Schedule— birth means the birth of a child who has breathed after delivery.delivery , in relation to a child or still-born child, means the complete expulsion or extraction of the child or still-born child from the mother.perinatal death means—
(a) the death of a child on the day of his or her birth or within the next succeeding 28 days, or (b) a still-birth. still-birth means the birth of a child that exhibits no sign of respiration or heartbeat, or other sign of life, after delivery and that—
(a) is of at least 20 weeks’ gestation, or (b) if it cannot be reliably established whether the period of gestation is more or less than 20 weeks, has a body mass of at least 400 grams at birth.
(Section 81) Acute rheumatic fever Acute viral hepatitis Adverse event following immunisation Avian influenza in humans Botulism Cancer Cholera Congenital malformation (as described in the ) in a child under the age of one year International Statistical Classification of Diseases and Related Health Problems COVID-19 (also known as Novel Coronavirus 2019) Creutzfeldt-Jakob disease (CJD) and variant Creutzfeldt-Jakob disease (vCJD) Cystic fibrosis in a child under the age of one year Diphtheria Foodborne illness in two or more related cases Gastroenteritis among people of any age, in an institution (for example, among persons in educational or residential institutions) Haemolytic Uraemic Syndrome Haemophilus influenzae type b Hypothyroidism in a child under the age of one year Legionnaires’ disease Leprosy
(Section 85) Diphtheria Haemophilus influenzae type b Measles