Amendments of the Public Health (Infectious and Notifiable Diseases) Regulations (ACT)

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Regulations 1977 No. 29

Regulations under the Public Health Ordinance 1928*

I, RALPH JAMES D U N N E T H U N T , the Minister of State for Health, hereby

make the following Regulations under the Public Health Ordinance 1928.

Dated this seventh day of November 1977.

RALPH J. H U N T

Minister of State for Health

A M E N D M E N T S OF THE PUBLIC H E A L T H (INFECTIOUS AND NOTIFIABLE DISEASES)

R E G U L A T I O N S !

1 . Regulation 3 of the Public Health (Infectious and Notifiable Diseases)

Regulations is amended—

(a)

by inserting before the definition of " Contact" the following " ' Chief Medical Administrator', in respect of a hospital, means

the person for the time being holding office under sub-section 24 (1) of the Health Commission Ordinance 1975 as the Chief Medical Administrator of that hospital;";

(b)

by omitting the definition of " Infectious Disease " and substituting the following definition:

" ' Infectious Disease ' means—

(a) Anthrax;
(b) Brucellosis;
(c) Cholera;
(d) Diphtheria;
(e) Food poisoning;

1961. No . 3 ; and 1975 N o . 30.

(f) Hepatitis A (infectious);
(g) Hepatitis B (serum);
(h) Leprosy;
(j) Leptospirosis;
(k) Plague;
(1) Poliomyelitis;
(m) Rubella;

(n) Smallpox;

(o ) Tetanus;

(p) Trachoma;
(q) Typhoid fever;
(r) Typhus (all forms); and

(s) Yellow fever;";

• Notified in the Commonwealth of Australia Gazette on 25 November 1977.

t For reference to the original Regulations and amendments made before 1960, see footnote on p. 531 of

Vol III of " Laws of the Australian Capital Territory 1911-1959" . For later amendments , see Regulations

(c)

by omitting the definition of " Notifiable Disease " and substituting the following definition:

" ' Notifiable Disease ' means—•

( a ) Amoebiasis;
(b ) Ankylostomiasis;

(c)

Australian arbo-encephalitis, dengue and other arbovirus diseases;

(d ) Hydat id disease;

(e) Lead poisoning;

(f) Malar ia;

(g) Meningococcal disease ( laboratory isolates);
(h) Psittacosis and other forms of Ornithosis;
(j) Q. fever;
(k ) Salmonella ( laboratory isolates); and

(1) Shigella ( laboratory i so l a t e s ) ; " ; and

(d ) by inserting after the definition of " O w n e r " the following

definition:

" ' pa thologis t ' includes a laboratory assistant and a technical officer

employed in a laboratory; ".

2 . Regulat ion 4 of the Public Heal th (Infectious and Notifiable Diseases) Regulations is amended—

(a) by omitting from sub-regulation (1) "the First Schedule to these Regulations " and substituting " Schedule 1 "; and
(b ) by omitting sub-regulation ( 2 ) .

3 . After regulation 4 of the Public Heal th (Infectious and Notifiable Diseases) Regulations the following regulations are inserted:

" 4 A . (1 ) W h e r e —

(a)

a pathologist tests a specimen for the purposes of ascertaining whether a person is or may be suffering from an infectious or notifiable disease; and

(b ) the result of the test is positive,

the pathologist shall forthwith notify the Medical Officer of Heal th of the fact

and of—

(c) the name and address of the medical practitioner from whom the
specimen was received; and

(d)

the name and address of the person from whom the specimen was taken.

" (2 ) In addition to giving a notification in accordance with sub-regulation ( 1 ) ,

the pathologist shall, as soon as practicable, notify the Medical Officer of Heal th in writing of the fact that the result of the test is positive and of the matters

specified in paragraphs (1 ) (c ) and (1 ) ( d ) .

" (3 ) Where the test is made by a pathologist in the course of his employ­ ment, the person by whom he is employed or, in the case of a pathologist employed in a laboratory at a hospital, the person in charge of the laboratory, shall cause the Medical Officer of Heal th to be notified in accordance with this regulation.

" 4B. ( 1 ) Where a person who is an in-patient at a hospital conducted by the Capital Terr i tory Heal th Commission is found to be suffering from an infectious or notifiable disease, the Chief Medical Adminis t ra tor shall cause to be given to the Medical Officer of Heal th a notice in accordance with Schedule 1.

" (2) Where a person who is an in-patient at a private hospital registered under the Public Health (Private Hospitals) Regulations is found to be suffering from an infectious or notifiable disease, the holder of the certificate of registration in respect of the hospital shall cause the Medical Officer of Health to be notified in accordance with Schedule 1.

" (3 ) A notification under sub-regulation (2) shall be signed by a medical practitioner who is attending the in-patient.
" 4c. There is payable to Ihs medical practitioner, pathologist or private hospital a fee of $1 in respect of each notification under regulation 4, sub-regulation
4 A (2) or regulation 4B.".

4 . After regulation 7 of the Public Health (Infectious and Notifiable Diseases) Regulations the following regulation is inserted:

" 7A. ( 1 ) Where the Medical Officer of Health has taken action under regulation 5 or 7 in respect of a person, he shall give notice to the medical practitioner by whom the person was professionally attended of the action taken. " (2 ) Without prejudice to any other method of giving notice, notice under

sub-regulation (1 ) may be given by post at the address of the medical practitioner
last known to the Medical Officer of Health.".

5. Regulation 15A of the Public Health (Infectious and Notifiable Diseases) Regulations is amended—

(a) by omitting from sub-regulation (1) "the Second Schedule to these Regulations " and substituting " Schedule 2 ";
(b) by omitting from sub-regulation (2) "the Second Schedule to these Regulations " and substituting " Schedule 2 "; and
(c) by omitting from sub-regulation (3) "the Second Schedule to these Regulations " and substituting " Schedule 2 ".

6. Regulation 16 of the Public Health (Infectious and Notifiable Diseases) Regulations is amended—

(a) by omitting from sub-regulation (1) "the Second Schedule to these Regulations " and substituting " Schedule 2 "; and
(b) by omitting from sub-regulation (2) " the Second Schedule to these Regulations " and substituting " Schedule 2 ".

7. Regulation 23 of the Public Health (Infectious and Notifiable Diseases) Regulations is amended—

(a) by omitting from paragraph (a) "Fifty pounds" and substituting

" SI00 "; and

(b)

by omitting from paragraph (b) " Five pounds" and substituting " $ 1 0 " .

8 . T h e S c h e d u l e s to the P u b l i c H e a l t h ( I n f e c t i o u s a n d Not i f iab le D i s e a s e s )
R e g u l a t i o n s are repea led and the f o l l o w i n g S c h e d u l e s subs t i tu ted:
S C H E D U L E 1 Regulations 4 and 4B

AUSTRALIAN CAPITAL TERRITORY

PUBLIC HEALTH ORDINANCE

Public Health (Infectious and Notifiable Diseases) Regulations
N O T I F I C A T I O N OF I N F E C T I O U S OR N O T I F I A B L E DISEASE

I hereby certify that the person whose name and address appears hereunder is suspected by me to be suffering from

Full name of patient

Address of patient
Number in household

Occupation Place of work
Age Sex Date of onset of illness

Suspected origin of disease, disposal of case, and any other remarks—

Action taken re contacts

Signature

Medical Practitioner

To THE MEDICAL OFFICER OF HEALTH

CANBERRA

Date

SCHEDULE 2 Regulations 15A and 16

EXCLUSION FROM SCHOOL

FIRST COLUMN SECOND C O L U M N T H I R D C O L U M N
End of the Period of Exclusion from End of the Period of Exctusion from
Disease School of the Child Suffering School of the Contact

from Disease

C h i c k e n P o x T h e d a y t h a t is 7 d a y s a f t e r t h e
d a y of o n s e t o f t h e d i s e a s e o r ,
if all l e s i o n s a r e n o t h e a l e d o n
t h a t d a y , t h e d a y o n w h i c h all
l e s i o n s a r e h e a l e d
D i p h t h e r i a T h e d a y o n w h i c h a ce r t i f i ca te is T h e d a y —
f u r n i s h e d by a m e d i c a l p r a c ­ (a) W h e r e t h e p e r s o n suf fe r ing
t i t i o n e r s t a t i n g — f r o m t h e d i s e a s e a n d t h e
(a ) t h a t 2 c o n s e c u t i v e s w a b - c o n t a c t r e s i d e a t t h e s a m e
b i n g s o f t h e n a s o p h a r y n x , h o u s e — o n w h i c h a cert if i ­
t a k e n a t i n t e r v a l s o f n o t c a t e is f u r n i s h e d b y a
less t h a n 4 8 h o u r s a n d t h e m e d i c a l p r a c t i t i o n e r s t a t ­
first o f w h i c h w a s t a k e n i n g t h a t a s w a b b i n g o f
a t l eas t 7 2 h o u r s a f t e r t h e t h e n a s o p h a r y n x r evea l s
l a s t a d m i n i s t r a t i o n o f o n l y o r g a n i s m s t h a t , a f te r
c h e m o t h e r a p y o r a n t i ­ t e s t by a p a t h o l o g i s t , a r e
b i o t i c a g e n t s , r evea l o n l y f o u n d n o t t o be v i r u l e n t
o r g a n i s m s t h a t , a f t e r t es t d i p h t h e r i a b a c i l l i ;
by a p a t h o l o g i s t , a r e (b ) in a n y o t h e r c a s e — t h e d a y
f o u n d n o t t o b e v i r u l e n t specif ied by t h e M e d i c a l
d i p h t h e r i a b a c i l l i ; a n d Officer o f H e a l t h , o r a
(b) t h a t t h e p e r s o n is n o t p e r s o n a u t h o r i z e d by h i m ,
l i ab l e t o t r a n s m i t t h e in a n o t i c e u n d e r s u b -
d i s e a s e t o o t h e r p e r s o n s r e g u l a t i o n 15A (3) a s t h e
e n d o f t h e p e r i o d d u r i n g
w h i c h , in h i s o p i n i o n , it
is n e c e s s a r y t o e x c l u d e
t h e c o n t a c t f r o m s c h o o l
for t h e p u r p o s e s o f p r e v e n t ­
i n g t h e s p r e a d of infec­
t i o n
L e p r o s y T h e d a y o n w h i c h a ce r t i f i ca te
is f u r n i s h e d by t h e M e d i c a l
Officer o f H e a l t h o r a p e r s o n
a u t h o r i z e d by h i m s t a t i n g t h a t
t h e p e r s o n is n o t l i ab l e t o
t r a n s m i t t h e d i s e a s e t o o t h e r
p e r s o n s
M e a s l e s T h e d a y —
(a) o n w h i c h a ce r t i f i ca te is
f u r n i s h e d b y a m e d i c a l
p r a c t i t i o n e r s t a t i n g t h a t
t h e ch i ld is n o l o n g e r
suffer ing f r o m t h e d i s ­
e a s e ; o r
(b) w h e r e n o s u c h cer t i f i ca te
is f u r n i s h e d — t h a t is
7 d a y s a f t e r t h e d a y o n
w h i c h t h e r a s h first
a p p e a r e d
M e n i n g o c o c c a l I n f e c t i o n . .
T h e d a y o n w h i c h a ce r t i f i ca te
is f u r n i s h e d by a m e d i c a l
p r a c t i t i o n e r s t a t i n g t h a t t h e
p e r s o n is n o l o n g e r suffer ing
f r o m t h e d i s e a s e
S C H E D U L E 2—continued
FIRST COLUMN SECOND COLUMN THIRD COLUMN
End of the Period of Exclusion from End of the Period of Exclusion from
Disease School of the Child Suffering School of the Contact

from Disease

Mumps The day that is 14 days after the

day of onset of the disease

Ornithosis The day on which a certificate is furnished by a medical practitioner stating that the person is no longer suffering from the disease
Poliomyelitis The day on which a certificate is furnished by a medical practitioner stating that the person is no longer suffering from the disease, being a day that is at least 14 days after the day of onset o f the disease
Rubella (German Measles) The day that is 10 days after the day on which the rash first appeared
Streptococcal infection, in­ The day on which a certificate is furnished by a medical practitioner stating that the person is no longer suffering from the disease and is not liable to transmit the disease to other persons

cluding Scarlet Fever

Tuberculosis

The day on which a certificate is furnished by the Medical Officer of Health or a person authorized by him stating that the person is not liable to transmit the disease to other persons

Typhoid Fever
The day on which a certificate The day specified by the Medical
is furnished by a medical Officer o f Health, or a person
practitioner stating that— authorized by him, in the

(a) at least 3 specimens of faeces, taken at intervals

notice under sub-regulation

15A (3) as the end o f the
o f not less than 72 hours, period during which, in his
and the first o f which was opinion, it is necessary to
taken at least 72 hours exclude the contact from school
after the last administra­ for the purposes o f preventing
tion o f chemotherapy or the spread o f infection
antibiotic agents, have been examined and found to be free from typhoid bacilli; and

(b)

the child is not liable to transmit the disease to other persons

Viral hepatitis The day—

(a)

on which a certificate is furnished by a medical practitioner stating that the person is no longer suffering from the disease and is not liable to transmit the disease to other persons; or

SCHEDULE 2—continued
FIRST COLUMN SECOND C O L U M N T H I R D COLUMN
End of the Period of Exclusion from End of the Period of Exclusion from
Disease School of the Child Suffering School of the Contact

from Disease

(b) w h e r e n o such ce r t i f i ca te
is f u r n i s h e d — t h e d a y o n
w h i c h all s y m p t o m s o f
t h e d i s e a s e h a v e d i s ­

a p p e a r e d

W h o o p i n g c o u g h T h e d a y —
(a) o n w h i c h a ce r t i f i ca te
is f u r n i s h e d by a m e d i c a l
p r a c t i t i o n e r s t a t i n g t h a t
t h e p e r s o n is n o t l i ab le
t o t r a n s m i t t h e d i s e a s e t o
o t h e r p e r s o n s ; o r
(b) w h e r e n o s u c h cer t i f i ca te
is f u r n i s h e d — t h a t is 28
d a y s a f te r t h e d a y of
o n s e t o f t h e d i s e a s e
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