Public Health Act 2005 (Qld)

Public Health Act 2005

An Act to protect and promote the health of the Queensland public, and for other purposes

Chapter 1    Preliminary

Part 1    Introduction

1   Short title

This Act may be cited as the Public Health Act 2005.

2   Commencement

This Act commences on a day to be fixed by proclamation.

3   Act binds all persons

(1)Subject to subsection (2), this Act binds all persons, including the State and, so far as the legislative power of the Parliament permits, the Commonwealth and all the other States.

(2)The following provisions do not bind the State for local government public health risks—

(a)chapter 2, part 3;

(b)section 386;

(c)sections 394 and 395.

(3)Nothing in this Act makes the Commonwealth or a State liable to be prosecuted for an offence.

4   Contravention of this Act does not create civil cause of action

No provision of this Act creates a civil cause of action based on a contravention of the provision.

5   Act does not affect other rights or remedies

(1)This Act does not affect or limit a civil right or remedy that exists apart from this Act, whether at common law or otherwise.

(2)Without limiting subsection (1), compliance with this Act does not necessarily show that a civil obligation that exists apart from this Act has been satisfied or has not been breached.

Part 2    Object

6   Object of Act

The object of this Act is to protect and promote the health of the Queensland public.

7   How object is mainly achieved

The object is to be mainly achieved by—

(a)preventing, controlling and reducing risks to public health; and

(b)providing for the identification of, and response to, notifiable conditions; and

(c)imposing obligations on persons and particular health care facilities involved in the provision of declared health services to minimise infection risks; and

(d)providing for persons who have a major disturbance in mental capacity to be transported to a treatment or care place; and

(e)protecting children who have been harmed or are at risk of harm when the children present at health service facilities; and

(f)restricting the performance of cosmetic procedures on children; and

(g)collecting and managing particular health information, and establishing mechanisms for health information held by a health agency to be accessed for appropriate research; and

(h)inquiring into serious public health matters; and

(i)responding to public health emergencies; and

(j)providing for compliance with this Act to be monitored and enforced.

Part 3    Interpretation

8   Definitions

The dictionary in schedule 2 defines particular words used in this Act.

9   Notes in text

A note in the text of this Act is part of the Act.

Chapter 2    Environmental health

Part 1    Public health risks

10   Definitions for ch 2

In this chapter—

local government public health risk means a public health risk—

(a)mentioned in section 11(1)(a) or (b)(i), (iv), (v), (vi), (vii) or (viii); or

(b)prescribed under section 18 as a public health risk that is to be administered and enforced only by local governments.

public health risk see section 11.

State public health risk means a public health risk—

(a)mentioned in section 11(1)(b)(ii), (iii), (ix) or (x); or

(b)prescribed under section 18 as a public health risk that is to be administered and enforced only by the State.

11   Meaning of public health risk

(1)

Public health risk means—

(a)an animal, structure, substance or other thing that—

(i)is, or is likely to become, a breeding ground or source of food for designated pests; or

(ii)harbours, or is likely to become something that harbours, designated pests; or

(b)any of the following that is, or is likely to be, hazardous to human health, or that contributes to, or is likely to contribute to, disease in humans or the transmission of an infectious condition to humans—

(i)a designated pest;

(ii)drinking water supplied by a drinking water service provider;

(iii)recycled water produced or supplied under a recycled water scheme within the meaning of the Water Supply (Safety and Reliability) Act 2008;

(iv)water, other than water mentioned in subparagraph (ii) or (iii);

(v)waste;

(vi)a dead or living animal, structure, substance or other thing that has been, or is likely to have been, exposed to an infectious condition;

(vii)a dispersal or release of a pesticide, herbicide, solvent or other chemical at a place other than a workplace;

(viii)a dispersal or release of a by-product of manufacturing, construction, repair, alteration, cleaning or demolition work at a place other than a workplace;

(ix)lead used, or being used, in a way that contravenes section 58 or 59;

(x)paint used, or being used, in a way that contravenes the standard mentioned in section 60;

(xi)any other activity, animal, substance or other thing prescribed under a regulation.

Examples for subparagraph (viii)—

1drifting fibreglass dust resulting from building a fibreglass boat

2propulsion into the environment of lead particles as a result of sandblasting lead-based paint

3the release of asbestos fibres through the renovation of a house containing asbestos-cement sheeting or insulation material comprising or containing asbestos

(2)The Minister must not recommend to the Governor in Council the making of a regulation under subsection (1)(b)(xi) unless the Minister is satisfied the activity, animal, substance or other thing—

(a)is, or is likely to be, hazardous to human health; or

(b)contributes, or is likely to contribute, to disease in humans or to the transmission of an infectious condition to humans.

(3)In this section—

animal does not include a human.

disease includes a non-infectious condition.

waste includes an accumulation or deposit of a substance or a thing.

water includes drinking water, water used for recreational purposes, recycled water, waste water and sewage.

workplace has the meaning given in the Work Health and Safety Act 2011.

Part 2    Roles of the State and local governments for public health risks

12   When Act administered only by the State

(1)This Act is to be administered and enforced by the State and not by local governments for—

(a)State public health risks; and

(b)a regulation made under section 61 that states that the regulation is to be administered and enforced by the State only.

(2)This section is subject to section 14.

13   When Act administered only by local governments

(1)This Act is to be administered and enforced by local governments and not by the State for—

(a)local government public health risks; and

(b)a regulation made under section 61 that states that the regulation is to be administered and enforced by local governments only.

(2)This section is subject to section 14.

14   When State and local governments administer this Act in partnership

(1)The chief executive and the chief executive officer of a local government may agree that—

(a)the State do a thing in the administration or enforcement of this Act for a matter mentioned in section 13(1); or

(b)the local government do a thing in the administration or enforcement of this Act for a matter mentioned in section 12(1).

(2)For subsection (1)(a), the chief executive may perform functions and exercise powers for this Act for a matter mentioned in section 13(1), including appointing authorised persons.

(3)For subsection (1)(b), a chief executive officer may perform functions and exercise powers for this Act for a matter mentioned in section 12(1), including appointing authorised persons.

(4)An appointment under subsection (2) or (3) may be made before or after an agreement under this section.

15   Action by the State if local government does not administer and enforce this Act

(1)Subsection (3) applies if the chief executive—

(a)is reasonably of the opinion there is a significant risk to public health from a public health risk in a local government’s area for a matter mentioned in section 13(1); and

(b)is satisfied a local government has not done, or sufficiently done, a thing in the administration or enforcement of this Act for the matter; and

(c)is reasonably of the opinion that doing the thing is necessary to remove or reduce the risk to public health from a public health risk, or prevent a risk to public health from recurring.

(2)For subsection (1)(a), the chief executive must have regard to the following in forming an opinion about whether there is a significant risk to public health from the public health risk—

(a)the potential consequences for the health of individuals;

(b)the number of persons likely to be exposed to the risk.

(3)The chief executive may do the thing and the reasonable costs and expenses incurred by the chief executive are a debt payable by the local government to the State.

(4)For subsections (1), (2) and (3), the chief executive may perform functions and exercise powers for this Act for a matter mentioned in section 13(1), including appointing authorised persons.

(5)An appointment under subsection (4) may be made before or after a local government has not done a thing mentioned in subsection (1)(b).

16   Procedure before taking action under s 15

Before the chief executive does a thing under section 15(3), the chief executive must—

(a)consult with the chief executive officer of the local government; and

(b)give the chief executive officer a reasonable opportunity to do the thing.

17   State may require report from local government

(1)This section applies to a matter under this chapter administered and enforced—

(a)by both the State and local governments in partnership under section 14; or

(b)by local governments only.

(2)The chief executive, by notice, may ask a local government to give the chief executive information about the local government’s administration and enforcement of the matter within a stated reasonable time.

(3)The local government must comply with the request.

(4)However, before giving notice under this section, the chief executive must consult with the chief executive officer of the local government.

18   Regulation to prescribe who is to administer this Act for particular public health risks

If a regulation is made under section 11(1)(b)(xi) prescribing a public health risk, the regulation must state whether this Act is to be administered and enforced for the public health risk by—

(a)the State only; or

(b)local governments only.

19   Effect of Act on local laws

(1)This Act does not prevent a local government from making local laws about public health risks.

(2)For this Act, local laws about public health risks have effect despite the Local Government Act 2009, section 27.

(3)However, subsection (2) does not apply to a local law that is inconsistent with a regulation made under section 61.

20   Application of Local Government Act 2009

The Local Government Act 2009, chapter 5, part 2, does not apply to the administration and enforcement of this Act by a local government.

Part 3    Public health orders

Division 1 Preliminary

21   What public health order may require

(1)A public health order may require a person to do something at a place that is—

(a)reasonably necessary to remove or reduce the risk to public health from a public health risk, or prevent a risk to public health from recurring; and

(b)appropriate in the circumstances having regard to the nature and seriousness of the risk to public health at the time the order is made.

(2)Without limiting subsection (1), a public health order may require a person to do any of the following at the place—

(a)clean or disinfect the place, or part of the place, or a structure or other thing at the place, in the way stated in the order;

(b)carry out insect or pest control at the place in the way stated in the order;

(c)demolish stated structures or other property at the place in the way stated in the order;

(d)remove stated material or items from the place to another place stated in the order in the way stated in the order;

(e)dispose of stated material or items at the place in the way stated in the order, for example, by burying the material or items;

(f)destroy animals at the place or remove animals from the place for destruction at another place in the way stated in the order;

(g)stop using the place, or part of the place, for a stated purpose, within a stated period or until stated steps are taken.

(3)A public health order must—

(a)be in writing; and

(b)state a period within which the person to whom it is given must comply with the order.

(4)The period stated under subsection (3)(b) must be reasonable having regard to the risk to public health from the public health risk.

22   Public health orders about animals

(1)This section applies if an authorised person reasonably believes there is a public health risk at a place involving an animal that is, or is likely to be, a carrier of—

(a)prohibited matter or restricted matter under the Biosecurity Act 2014; or

Notes—

1See the Biosecurity Act 2014, schedule 1 or schedule 2

2See also the note to the Biosecurity Act 2014, schedules 1 and 2.

(b)controlled biosecurity matter or regulated biosecurity matter under the Biosecurity Act 2014.

(2)Before an authorised person issues a public health order relating to the animal, the chief executive or chief executive officer must consult the chief executive administering the Biosecurity Act 2014.

(3)In this section—

carrier means a carrier under the Biosecurity Act 2014.

Division 2 Giving public health orders

23   Public health orders

(1)If an authorised person reasonably believes that a person is responsible for a public health risk at a place, the authorised person may give a public health order to the person (the recipient).

(2)The public health order must state—

(a)the name and address of the recipient; and

(b)the nature of the public health risk; and

(c)the address of the place of the public health risk; and

(d)the steps the recipient must take, or action the recipient must stop, at the place to remove or reduce the risk to public health from the public health risk, or prevent the risk to public health from recurring; and

(e)the period within which the steps must be taken or the action must be stopped; and

(f)the name of the authorised person; and

(g)the name, address and contact details of the issuing authority; and

(h)that it is an offence for the recipient not to comply with the order, unless the recipient has a reasonable excuse; and

(i)that if the order is not complied with an application may be made to a magistrates court for an enforcement order.

(3)The public health order must also set out, or state the effect of, sections 387 and 388.

(4)The recipient must comply with the public health order, unless the recipient has a reasonable excuse.

Maximum penalty—200 penalty units.

Note—

If a recipient fails to comply with a public health order, the issuing authority may take action under chapter 9, for example under section 388. Other action may be taken under this Act, for example, under division 3 of this part.

Division 3 Enforcement of public health orders

24   Issuing authority may apply for enforcement order

(1)This section applies if the issuing authority considers a person has contravened a public health order.

(2)The issuing authority may apply to a magistrate for an order enforcing the public health order (an enforcement order).

(3)The application must—

(a)be sworn; and

(b)state the grounds on which the application is made; and

(c)state the nature of the enforcement order sought; and

(d)be accompanied by a copy of the public health order.

(4)The magistrate may refuse to consider the application until the applicant gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.

Example—

The magistrate may require additional information supporting the application be given by statutory declaration.

25   Notice of hearing must be given

(1)The person to whom the application relates must be given a notice at least 14 days before the day the application is to be heard.

(2)The notice—

(a)must be accompanied by a copy of the application; and

(b)must state—

(i)the time when and the place where the application is to be heard; and

(ii)that the person may appear at the hearing and be heard on the application; and

(iii)that, if the person does not appear, the application may be decided in the person’s absence.

(3)If the person appears at the time and place stated in the notice, the person is entitled to be heard on the application.

(4)If the person does not appear at the time and place stated in the notice, the application may be decided in the person’s absence.

26   When magistrate may order enforcement

The magistrate may make an enforcement order against the person only if the magistrate is satisfied—

(a)a public health order was given to the person; and

(b)the public health order was appropriate in the circumstances having regard to the nature and seriousness of the risk to public health from the public health risk at the time the order was given; and

(c)the person has contravened the public health order; and

(d)notice under section 25 has been given to the person.

27   What enforcement order may require

(1)The magistrate may make an enforcement order in the same terms as the public health order, or in other terms the magistrate considers appropriate.

(2)Without limiting subsection (1), the magistrate may order either—

(a)that—

(i)the person against whom the order is made take steps to remove or reduce the risk to public health from the public health risk, or prevent the risk to public health from recurring; and

(ii)if the person fails to take the steps, the issuing authority may enter the place and take the steps; or

(b)that the issuing authority may enter a place by its employees or agents to take steps to remove or reduce the risk to public health from the public health risk, or prevent the risk to public health from recurring.

(3)If the magistrate makes an order under subsection (2)(a), the order must state—

(a)the address of the place the steps are to be taken; and

(b)the steps the person must take; and

(c)the period within which the steps must be taken; and

(d)that an authorised person—

(i)may enter the place to check whether the steps under the order are being, or have been, taken; and

(ii)may use necessary and reasonable help and force to enter; and

(e)the times and intervals for entry under paragraph (d); and

(f)that if the steps required to be taken under the enforcement order have not been taken within the required period, the issuing authority may take the steps; and

(g)that for paragraph (f), an employee or agent of the issuing authority—

(i)may enter the place to take the steps under the order; and

(ii)may use necessary and reasonable help and force to enter, if the employee or agent is an authorised person or is accompanied by an authorised person; and

(h)the times and intervals for entry under paragraph (g); and

(i)who must pay the costs of taking the steps; and

(j)that it is an offence not to comply with the enforcement order unless the person has a reasonable excuse.

(4)If the magistrate makes an order under subsection (2)(b), the order must state—

(a)the address of the place where the steps are to be taken; and

(b)the steps that may be taken at the place by the issuing authority; and

(c)that an employee or agent of the issuing authority—

(i)may enter the place to take the steps under the order; and

(ii)may use necessary and reasonable help and force to enter, if the employee or agent is an authorised person or is accompanied by an authorised person; and

(d)the times and intervals for entry under paragraph (c); and

(e)the day when the order ends; and

(f)that an authorised person—

(i)may enter the place to check whether the steps under the order are being, or have been, taken; and

(ii)may use necessary and reasonable help and force to enter; and

(g)the times and intervals for entry under paragraph (f); and

(h)who must pay the cost of taking the steps.

28   Person must comply with enforcement order

(1)A person must comply with an enforcement order unless the person has a reasonable excuse.

Maximum penalty—400 penalty units.

(2)Subsection (1) does not limit any other liability a person may incur for a contravention of the order.

29   Application may be dealt with in proceeding for offence

(1)This section applies if a person to whom an application for an enforcement order relates is being prosecuted for an offence against section 23(4).

(2)The application may be dealt with in the prosecution proceedings.

Division 4 Taking steps under enforcement order

30   Procedure before entry under enforcement order

(1)This section applies if—

(a)an enforcement order allows—

(i)an issuing authority to enter a place by its employees or its agents to take steps under the order; or

(ii)an authorised person to enter a place to check whether the steps under the order are being, or have been, taken; and

(b)the employees, agents or authorised person intends to enter the place under the order.

(2)Before entering the place, the employee, agent or authorised person must do or make a reasonable attempt to do the following—

(a)identify himself or herself to a person present at the place who is an occupier of the place;

(b)give the person a copy of the order;

(c)tell the person that the employee, agent or authorised person is permitted by the order to enter the place;

(d)give the person an opportunity to allow the employee, agent or authorised person immediate entry to the place without using force.

(3)However, the employee, agent or authorised person need not comply with subsection (2) if the employee, agent or authorised person believes on reasonable grounds that immediate entry to the place is required to ensure the effective execution of the order is not frustrated.

31   Costs under enforcement order recoverable as a debt

(1)The issuing authority may recover the amount payable by a person ordered to pay the costs under an enforcement order as a debt due to the issuing authority.

(2)For subsection (1), the amount becomes payable 30 days after the issuing authority gives the person details of the amount of the costs.

(3)If the issuing authority is a local government—

(a)the amount payable to the local government bears interest as if it were an amount of an overdue rate payable to a local government under the Local Government Act 2009; and

(b)the amount payable plus interest may be recovered by the local government as if the total amount were an amount of an overdue rate payable to a local government under the Local Government Act 2009.

32   Cost under enforcement order a charge over land

(1)This section applies if an amount (including any interest on the amount) (the unpaid amount) is payable to a local government by a person under an enforcement order that relates to a public health risk on land owned by the person.

(2)The unpaid amount is a charge on the land.

(3)The local government may lodge a request to register the charge in the appropriate form over the land with the registrar of titles.

(4)The request must be accompanied by a certificate signed by the local government’s chief executive officer stating there is a charge over the land under this section.

(5)A registered charge has priority over all other encumbrances over the land other than—

(a)encumbrances in favour of the State or a government entity; and

(b)rates payable to the local government.

(6)The charge is in addition to any other remedy the local government has for recovery of the unpaid amount.

Division 5 Recovery of costs from third parties

33   Recipient may apply for contribution

(1)This section applies if the recipient of a public health order has complied with the order and considers another person (the third party) is wholly or partly responsible for the public health risk the subject of the order.

(2)The recipient may apply to a magistrates court for an order that the third party pay part or all of the costs of removing or reducing the risk to public health from the public health risk, or of preventing the risk to public health from recurring (the cost recovery order).

(3)The application must—

(a)be sworn; and

(b)state the grounds on which the application is made; and

(c)state the name of the third party; and

(d)state the amount sought from the third party; and

(e)be accompanied by a copy of the public health order.

(4)The magistrate may refuse to consider the application until the applicant gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.

Example—

The magistrate may require additional information supporting the application be given by statutory declaration.

34   Notice of hearing of cost recovery order must be given

(1)The third party to whom the application relates must be given a notice at least 14 days before the day the application is to be heard.

(2)The notice—

(a)must be accompanied by a copy of the application; and

(b)must state—

(i)the time when and the place where the application is to be heard; and

(ii)that the third party may appear at the hearing and be heard on the application; and

(iii)that, if the third party does not appear, the application may be decided in the absence of the third party.

(3)If the third party appears at the time and place stated in the notice, the third party is entitled to be heard on the application.

(4)If the third party does not appear at the time and place stated in the notice, the application may be decided in the absence of the third party.

35   When magistrates court may make cost recovery order

(1)A magistrates court may make a cost recovery order against the third party if it is satisfied—

(a)a public health order was given to a person; and

(b)the person has complied with the order and has paid, or is liable to pay, an amount for the cost of complying with the order; and

(c)the third party is responsible for part or all of the public health risk the subject of the order; and

(d)a copy of the application for the cost recovery order has been given to the third party.

(2)An order made by the court is a judgment in the court’s civil jurisdiction.

Part 4    Authorised prevention and control programs

36   Chief executive may authorise prevention and control program

(1)This section applies if the chief executive is satisfied there is, or is likely to be, in an area—

(a)an outbreak of a disease capable of transmission to humans by designated pests; or

(b)a plague or infestation of designated pests.

(2)The chief executive may authorise, in writing, a prevention and control program for the area (the chief executive’s authorisation).

(3)However, subsection (4) applies if a prevention and control program relates to 1 of the following that affects animals—

(a)prohibited matter or restricted matter under the Biosecurity Act 2014;

Notes—

1See the Biosecurity Act 2014, schedule 1 or schedule 2.

2See also the note to the Biosecurity Act 2014, schedules 1 and 2.

(b)controlled biosecurity matter or regulated biosecurity matter under the Biosecurity Act 2014.

(4)Before authorising the prevention and control program, the chief executive must consult the chief executive administering the Biosecurity Act 2014.

(5)Also, before authorising a prevention and control program the chief executive must consult with the local government for the area to which the program relates.

37   What chief executive’s authorisation must state

The chief executive’s authorisation must state the following—

(a)the reasons for the prevention and control program;

(b)the designated pests to which the program relates;

(c)the area to which the program relates;

(d)the types of places within the area to which the program relates;

(e)the measures to be taken under the program;

(f)the duration of the program;

(g)who is to undertake the program;

(h)any conditions about the way the program is to be undertaken.

38   Publication of authorisation

(1)The chief executive must publish the chief executive’s authorisation at least 7 days before the start of the program, in the area to which the program relates, by newspaper, radio or television.

(2)Failure to publish the authorisation does not affect the authorisation.

39   Who may undertake prevention and control program

(1)For section 37(g) the chief executive may authorise—

(a)1 or more local governments, if the chief executive officer of each local government agrees; or

(b)the State; or

(c)the State and 1 or more local governments, if the chief executive officer of each local government agrees.

(2)A prevention and control program must be undertaken by authorised persons.

40   Powers available for prevention and control program

(1)For undertaking a prevention and control program, an authorised person may exercise only the powers under this part and must not exercise the powers under chapter 9.

(2)Subsection (1) does not apply to the investigation by an authorised person of the contravention of a provision of this part.

41   Power of authorised persons to enter place for prevention and control program

(1)For undertaking a prevention and control program, an authorised person may enter a place in the area to which the program relates at any reasonable time of the day or night, to search for—

(a)the designated pests to which the program relates; and

(b)an animal, structure, substance or other thing that—

(i)is, or is likely to become, a breeding ground or source of food for designated pests; or

(ii)harbours, or is likely to become something that harbours, designated pests.

(2)An authorised person may not enter a dwelling under subsection (1) without the occupier’s consent.

(3)For subsection (2), the following do not form part of a dwelling—

(a)a carport, other than a carport to which access is restricted;

(b)the area of a verandah or deck to which access is not restricted and no provision is made to restrict access;

(c)the area underneath the dwelling to which access is not restricted and no provision is made to restrict access;

(d)any other external part of the dwelling, including, for example, the dwelling’s gutters;

(e)land around the dwelling.

42   Notification of entry

(1)This section applies if an authorised person enters a place under section 41 and an occupier is present at the place.

(2)The authorised person must immediately after entering the place—

(a)produce the authorised person’s identity card for the occupier’s inspection; and

(b)inform the occupier about the prevention and control program.

43   Powers of authorised persons after entry

(1)This section applies if an authorised person enters a place under section 41.

(2)The authorised person may exercise the following powers—

(a)take reasonable steps to eradicate or prevent the occurrence or recurrence of the designated pests, including by the use of pesticides;

(b)take a thing, or a sample of or from a thing, at the place for analysis or testing;

(c)take into or onto the place any persons, equipment and materials the authorised person reasonably requires for exercising a power under this section;

(d)require a person at the place to give the authorised person reasonable help to exercise the authorised person’s powers under paragraphs (a) to (c).

(3)When making a requirement mentioned in subsection (2)(d), the authorised person must warn the person it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse.

(4)Also, the authorised person may, under part 3, give a person a public health order if—

(a)the authorised person is appointed for part 3; and

(b)the public health order is for the prevention or control of the designated pests to which the prevention and control program relates.

(5)To remove any doubt, it is declared that the power mentioned in subsection (2)(c) includes the power to leave at the place for a reasonable period the equipment and materials mentioned in that paragraph.

44   Failure to help authorised person

A person required to give reasonable help under section 43(2)(d) must comply with the requirement, unless the person has a reasonable excuse.

Maximum penalty—50 penalty units.

45   Person must not interfere with steps taken

A person must not do anything that interferes with a step taken by an authorised person under a prevention and control program, unless the person has a reasonable excuse.

Maximum penalty—100 penalty units.

46   Notification of prevention and control program

An authorised person must, after exercising the authorised person’s powers under a prevention and control program at a place—

(a)if an occupier is present at the place, inform the occupier—

(i)of any steps taken, or to be taken, under the program to eradicate or prevent the occurrence or recurrence of the designated pests; and

(ii)if steps have been taken, or are to be taken—that it is an offence to do anything that interferes with a step taken; or

(b)if an occupier is not present at the place, leave a notice at the place in a reasonably secure way and in a conspicuous position stating—

(i)the purpose of the prevention and control program; and

(ii)any steps taken, or to be taken, under the program to eradicate or prevent the occurrence or recurrence of designated pests; and

(iii)if steps have been taken, or are to be taken—that it is an offence to do anything that interferes with a step taken; and

(iv)the name and contact details of the authorised person.

Part 5    Environmental health events

Division 1 Definition

47   Meaning of environmental health event

(1)An environmental health event is an event involving human exposure to a substance or other thing that is known to have, or is reasonably suspected of having, an adverse effect on human health.

(2)Exposure may happen in connection with—

(a)a single identifiable event; or

Example of a single identifiable event—

an outbreak in a hospital of a new strain of a previously controlled bacterial infection

(b)a situation that happens over a period of time.

Example of a situation that happens over a period of time—

the exposure to industrial fumes, over a period of years, of persons in a populated area

Division 2 Establishment of environmental health event register

48   Environmental health event register

(1)The chief executive may establish and keep a register (an environmental health event register) for an environmental health event if the chief executive considers the event has or may have significant direct or indirect adverse effects on human health.

(2)The chief executive may keep the register in a form the chief executive considers appropriate, including an electronic form.

(3)Before establishing the register, the chief executive must obtain and consider the views of a human research ethics committee about the register.

49   Purposes of register

The purposes for establishing an environmental health event register for an environmental health event are the following—

(a)to help monitor and analyse any adverse effects on human health resulting from the event;

(b)to provide information that may help in the prevention, minimisation or treatment of any adverse effects on human health resulting from the event or a similar future event.

50   What register must contain

An environmental health event register must contain—

(a)the information that is necessary or convenient for giving effect to the purposes of the register; and

(b)any information prescribed under a regulation.

Division 3 Notifications about environmental health event register

51   Notification of establishment of register

(1)As a soon as practicable after establishing an environmental health event register the chief executive must notify the register’s establishment in the gazette.

(2)The notification must include the following—

(a)a description of the environmental health event;

(b)a description of the substance or other thing relevant to the event known to have, or suspected of having, an adverse effect on human health;

(c)the type of human exposure to the substance or thing as a result of the event;

(d)the geographic area of human exposure to the substance or thing as a result of the event;

(e)contact details within the department where further details about the register may be obtained.

52   Notification inviting inclusion in register

(1)As soon as practicable after notifying the establishment of an environmental health event register for an environmental health event the chief executive must—

(a)notify all persons the chief executive considers may have been exposed to a substance or thing because of the event; and

(b)if satisfied a person may have been exposed to a substance or thing as a result of the event, offer the person the opportunity of having the person’s details included on the register.

(2)Notification under subsection (1)(a) may be made in the way the chief executive considers appropriate, including, for example, by personal notification or by way of newspaper, radio or television.

Division 4 Confidentiality and use of information supplied for environmental health event register

53   Definitions for div 4

In this division—

confidential information means information that has become known to a relevant person in the course of performing the relevant person’s functions for this part.

information includes a document.

relevant person means the following—

(a)a person who is, or was, the chief executive;

(b)a person who is, or was, involved in the administration or enforcement of this part, including, for example, a health service employee or a public service employee.

54   Restriction on inconsistent use of information

A relevant person must not use confidential information for a purpose inconsistent with the purposes of the relevant environmental health event register.

Maximum penalty—50 penalty units.

55   Confidentiality of information

(1)A relevant person must not, whether directly or indirectly, disclose confidential information.

Maximum penalty—50 penalty units.

(2)However, subsection (1) does not apply if—

(a)the confidential information is disclosed—

(i)in the performance of functions under this Act; or

(ii)with the written consent of the person to whom the information relates; or

(iii)to the person to whom the information relates; or

(iv)in a form that could not identify any person; or

(b)the disclosure of the confidential information is authorised under an Act or another law.

(3)The Hospital and Health Boards Act 2011, section 142 does not apply to a relevant person in relation to confidential information.

Note—

As a specific offence is created under subsection (1), subsection (3) provides that the more general provision in the Hospital and Health Boards Act 2011, section 142 (Confidential information must not be disclosed) does not apply.

56   Release of information for an investigation under the Coroners Act

(1)This section applies if a coroner is investigating the death of a person.

(2)The chief executive may give to the coroner, or to a police officer helping the coroner to investigate the death, information from the environmental health event register that is relevant to the person’s death.

(3)The coroner or police officer to whom the information is given and anyone else to whom the information is subsequently given under this subsection must not use or disclose the information other than—

(a)for a purpose of the investigation; or

(b)as otherwise required or permitted under this or another Act.

57   Use of environmental health event register

(1)The Minister may, by gazette notice, declare that information contained in an environmental health event register is protected information.

(2)The Minister may make a declaration under subsection (1) only if the Minister reasonably believes it is in the public interest to do so.

(3)If the Minister makes a declaration under subsection (1), the protected information—

(a)can not be accessed under any order, whether of a judicial or administrative nature, other than an order for the purpose of this Act; and

(b)is not admissible in any proceeding, other than a proceeding under this Act.

(4)A person can not be compelled to produce the protected information, or to give evidence relating to the protected information, in any proceeding, other than a proceeding under this Act.

(5)Subsections (3)(b) and (4) do not apply if the protected information is admitted or produced, or evidence relating to the information is given, with the consent of the person to whom the information relates.

(6)Nothing in this section limits—

(a)the giving, use or disclosure of information under section 56; or

(b)access to protected information by the chief executive or a person authorised by the chief executive.

(7)In this section—

order includes a direction or other process.

Part 5A    Provisions about drinking water and recycled water

Division 1 Improvement notices

57A   Improvement notice

(1)This section applies if an authorised person appointed by the chief executive reasonably believes—

(a)a water service provider—

(i)is contravening section 57E or 57F; or

(ii)has contravened section 57E or 57F in circumstances that make it likely the contravention will continue or be repeated; and

(b)a matter relating to the contravention can be remedied; and

(c)it is appropriate to give the water service provider an opportunity to remedy the matter.

(2)The authorised person may give the water service provider a notice (an improvement notice) requiring the water service provider to remedy the contravention or have the contravention remedied.

(3)The improvement notice must state the following—

(a)the provision the authorised person believes is being, or has been, contravened (the relevant provision);

(b)that the authorised person reasonably believes the water service provider—

(i)is contravening the relevant provision; or

(ii)has contravened the relevant provision in circumstances that make it likely the contravention will continue or be repeated;

(c)briefly, how it is believed the relevant provision is being, or has been, contravened;

(d)the period within which the water service provider must remedy the contravention or have the contravention remedied;

(e)that it is an offence to fail to comply with the improvement notice unless the water service provider has a reasonable excuse.

(4)The period stated under subsection (3)(d) must be reasonable having regard to the risk to public health or safety posed by the contravention.

(5)The improvement notice may also state the reasonable steps that the authorised person considers necessary to remedy the contravention, or avoid further contravention, of the relevant provision.

Example of reasonable steps—

a requirement to issue notices about the need to boil water to remove contaminants from the water

(6)The authorised person must keep a copy of the improvement notice.

(7)The water service provider must comply with the improvement notice unless the provider has a reasonable excuse.

Maximum penalty—the maximum penalty for contravening the relevant provision.

(8)The water service provider can not be prosecuted for the offence for which the improvement notice is given unless the provider fails to comply with the improvement notice and does not have a reasonable excuse for the noncompliance.

(9)A water service provider may be prosecuted for the contravention of a relevant provision without an authorised person first giving an improvement notice for the contravention.

57B   Record of compliance with improvement notice

(1)If a water service provider who is given an improvement notice by an authorised person under this division reasonably believes the provider has complied with the notice, the provider may inform the authorised person of the belief.

(2)If the authorised person is satisfied the water service provider has complied with the improvement notice, the authorised person must—

(a)record the date of the compliance on the authorised person’s copy of the notice; and

(b)if asked, give a copy of the notice to the water service provider.

Division 2 Offences about supply of drinking water or recycled water

Subdivision 1 Preliminary

57C   When drinking water is unsafe

Drinking water is unsafe at a particular time if it would be likely to cause physical harm to a person who might later consume it, assuming nothing happened to it after that particular time and before being consumed by the person that would prevent its being used for its intended use.

57D   When recycled water is fit for use

Recycled water is fit for use at a particular time if it would not be likely to cause physical harm to a person who might later be exposed to it, assuming—

(a)nothing happened to it after that particular time and before the person was exposed to it that would prevent its being used for its intended use; and

(b)it was used according to its intended use.

Subdivision 2 Offences

57E   Supply of unsafe drinking water

A drinking water service provider must not supply drinking water that the provider knows, or reasonably ought to know, is unsafe.

Maximum penalty—3,000 penalty units or 2 years imprisonment.

Note—

This provision is an executive liability provision—see section 448.

57F   Supply of recycled water that is not fit for use

(1)This section applies to a recycled water provider that supplies recycled water for use other than as drinking water.

(2)The recycled water provider must not supply the recycled water if the provider knows, or reasonably ought to know, the recycled water is not fit for use.

Maximum penalty—1,350 penalty units or 2 years imprisonment.

Note—

This provision is an executive liability provision—see section 448.

Division 3 Information requests

57G   Power to require information

(1)This section applies if—

(a)an authorised person appointed by the chief executive reasonably believes—

(i)there is a risk to public health or safety because of the production or supply of drinking water or recycled water; and

(ii)a person may be able to give information about the circumstances giving rise to the risk; and

(b)the authorised person has explained to the person that information is needed to attempt to prevent or minimise the risk or potential risk to public health.

(2)The authorised person may ask the person to give the authorised person the following information (the required information) within a stated reasonable period—

(a)the person’s name and address where the person can be contacted;

(b)information about the circumstances giving rise to the risk.

(3)The authorised person may ask the person to give the authorised person evidence of the correctness of the required information, within a stated reasonable period, if the authorised person reasonably suspects the information to be false.

(4)If the person does not comply with a request under subsection (2) or (3), the authorised person may give the person a notice that—

(a)states the required information the person is required to give; and

(b)states the information is needed to attempt to prevent or minimise a risk or potential risk to public health; and

(c)requires the person to give the authorised person the required information within a stated reasonable period; and

(d)warns the person it is an offence to not give the required information, unless the person has a reasonable excuse.

57H   Failure to give information

(1)A person who is given a notice under section 57G(4) must comply with the notice, unless the person has a reasonable excuse.

Maximum penalty—50 penalty units.

(2)If the person is an individual, it is a reasonable excuse for the person to fail to comply with the notice that complying with the notice might tend to incriminate the person.

Part 6    Lead

58   Lead in buildings must not be accessible to children

(1)A person must not use or permit the use of lead in, or for the purposes of, constructing, erecting, altering, extending, improving, renovating or repairing a building or part of a building if the lead is, or may be, easily accessible to children.

Maximum penalty—100 penalty units.

(2)The owner of a building, or part of a building, must not knowingly allow lead to remain in or on the building or part of the building if the lead is, or may be, easily accessible to children.

Maximum penalty—100 penalty units.

59   Lead must not be used in water collection

(1)A person must not use, or permit the use of, in a building any of the following things if the thing has in or on it a substance that contains lead—

(a)a roof, guttering, downpipe or other thing for carrying water to a tank or other receptacle for potable water;

(b)a tank or other receptacle for potable water.

Maximum penalty—100 penalty units.

(2)The owner of a building must not knowingly allow any of the following to remain in the building if they have in or on them a substance that contains lead—

(a)a roof, guttering, downpipe or other thing for carrying water to a tank or other receptacle for potable water;

(b)a tank or other receptacle for potable water.

Maximum penalty—100 penalty units.

(3)In this section—

potable water means water that is intended to be, or is likely to be, used for human consumption.

Part 7    Paint

60   Person must comply with standard

A person manufacturing, selling, supplying or using paint must comply with a provision of a standard prescribed by regulation.

Maximum penalty—100 penalty units.

Part 8    Regulations about public health risks

61   Regulations about public health risks

(1)A regulation may be made for this chapter about public health risks including—

(a)standards for water quality in residential and non-residential swimming pools, spas, hydrotherapy pools, water slides and recreational water parks, for human use; and

(b)measures to control designated pests, including—

(i)standards for the proofing of any building against designated pests; and

(ii)procedures to be followed to prevent the breeding of, to eliminate any refuge or food source for, or to eradicate, designated pests; and

(iii)the imposition of a permit system for keeping designated pests; and

(c)measures to prevent and control public health risks.

(2)A regulation made under this section must state whether the regulation is to be administered and enforced by—

(a)the State only; or

(b)local governments only.

(3)A regulation made under this section does not bind the State except to the extent prescribed by the regulation.

Chapter 2A    Water risk management plans

Part 1    Preliminary

61A   Definitions for chapter

In this chapter—

approved provider means an entity for which an approval is in force under the Aged Care Act 1997 (Cwlth).

cooling tower see the Work Health and Safety Act 2011, schedule 1, part 1, section 1(6).

hazard means—

(a)Legionella; or

(b)microorganisms, substances or physical properties of water that are reasonably expected to cause injury or illness to an individual; or

(c)microorganisms or substances prescribed by regulation.

hazardous event, for a prescribed facility, means—

(a)an event, or series of events, that causes or has the potential to cause the presence of a hazard in water within a prescribed facility’s water distribution system; or

(b)an interruption of the supply of water to the prescribed facility.

hazard source means a location or condition that establishes or increases the presence of a hazard.

health service chief executive ...

Legionella means bacteria belonging to the genus Legionella.

prescribed facility means—

(a)a public sector hospital that provides treatment or care to inpatients; or

(b)a private health facility licensed under the Private Health Facilities Act 1999; or

(c)a State aged care facility; or

(d)a residential aged care facility, other than a State aged care facility, prescribed by regulation.

prescribed test means a test for Legionella prescribed by regulation for this chapter.

residential aged care facility means a facility at which an approved provider provides residential care under the Aged Care Act 1997 (Cwlth).

residential care has the meaning given by the Aged Care Act 1997 (Cwlth), section 41–3.

responsible person, for a prescribed facility, means—

(a)for a prescribed facility that is a public sector hospital—the health service chief executive for the public sector hospital; or

(b)for a prescribed facility that is a private health facility licensed under the Private Health Facilities Act 1999—the licensee for the private health facility under that Act; or

(c)for a prescribed facility that is a State aged care facility—the health service chief executive for the State aged care facility; or

(d)for a prescribed facility that is a residential aged care facility, other than a State aged care facility—the approved provider that provides residential care at the residential aged care facility.

State aged care facility means a residential aged care facility at which the State provides residential care.

water distribution system, of a prescribed facility—

(a)means the infrastructure within the prescribed facility from every point where water enters the facility through the infrastructure to every point where the water is used; but

(b)does not include a cooling tower.

water risk management plan, for a prescribed facility, means a written plan to prevent or minimise the risks posed by hazards, hazard sources or hazardous events to individuals at the prescribed facility.

61B    Operation of chs 2 and 2A

Nothing in this chapter is intended to affect the operation of chapter 2.

Part 2    Requirement and content of plans

61C   Requirement for water risk management plans

The responsible person for a prescribed facility must ensure there is a water risk management plan for the prescribed facility that complies with section 61D, unless the person has a reasonable excuse.

Maximum penalty—500 penalty units.

61D   Content of water risk management plans

The water risk management plan for a prescribed facility must—

(a)describe the prescribed facility’s water distribution system; and

(b)identify hazards, hazard sources and hazardous events relevant to water within the prescribed facility’s water distribution system; and

(c)assess the risks associated with hazards, hazard sources and hazardous events identified under paragraph (b); and

(d)state the following—

(i)measures to be taken to control the risks assessed under paragraph (c);

(ii)the procedures that must be implemented for monitoring the effectiveness of the measures;

(iii)a schedule that must be complied with for testing water for Legionella and other identified hazards at a frequency informed by the risks, measures and procedures;

(iv)the way records of results obtained under subparagraphs (ii) and (iii) will be kept; and

(e)state procedures for responding to—

(i)the results of monitoring that indicate the failure of measures taken to control risks assessed under paragraph (c); and

(ii)the results of testing that indicate the presence of a hazard in water within the prescribed facility’s water distribution system; and

(f)include a requirement for the water risk management plan to be reviewed and when that review is to be carried out; and

(g)include any other requirement prescribed by regulation.

61E   Amending water risk management plans

(1)This section applies if the chief executive is satisfied a water risk management plan for a prescribed facility requires amendment to comply with section 61D.

(2)The chief executive may give the responsible person for the prescribed facility a notice requiring the responsible person to amend the water risk management plan.

(3)The notice must state the following—

(a)that the responsible person must amend the water risk management plan;

(b)the way the water risk management plan must be amended;

(c)the day by which the water risk management plan must be amended;

(d)the day by which the responsible person must give the chief executive a copy of the amended water risk management plan.

(4)The responsible person must comply with the notice, unless the responsible person has a reasonable excuse.

Maximum penalty—500 penalty units.

Part 3    Compliance

61F   Obligation to give chief executive copy of water risk management plans

(1)The chief executive may, by notice, ask the responsible person for a prescribed facility to give the chief executive a copy of the water risk management plan for the prescribed facility by the day stated in the notice.

(2)The responsible person must comply with the notice, unless the person has a reasonable excuse.

Maximum penalty—200 penalty units.

61G   Complying with water risk management plans

(1)The responsible person for a prescribed facility must ensure the facility operates in a way that complies with the facility’s water risk management plan, unless the responsible person has a reasonable excuse.

Maximum penalty—500 penalty units.

(2)The responsible person for a prescribed facility must take all reasonable steps to ensure each person who has an obligation to comply with the plan, while the facility is operating, complies with the plan, unless the responsible person has a reasonable excuse.

Maximum penalty—200 penalty units.

61H   Obligation to notify chief executive of Legionella

(1)This section applies if the result of a prescribed test confirms the presence of Legionella in water used by a prescribed facility.

(2)A person in charge of the prescribed facility must, under subsection (3), give the chief executive a notice about the result of the test, unless the person has a reasonable excuse.

Maximum penalty—

(a)if the offence is committed intentionally—1,000 penalty units; or

(b)otherwise—200 penalty units.

(3)The notice must—

(a)be in the approved form; and

(b)be given to the chief executive within 1 business day after the person in charge is notified of the result of the test; and

(c)comply with any other requirements prescribed by regulation.

61I   Obligation to give chief executive reports

(1)A person in charge of a prescribed facility must, under subsection (2), give the chief executive a report for each reporting period about the results of prescribed tests carried out under the water risk management plan for the prescribed facility, unless the person has a reasonable excuse.

Maximum penalty—200 penalty units.

(2)The report must—

(a)be in the approved form; and

(b)be given to the chief executive within 30 business days after the end of the reporting period; and

(c)comply with any other requirements prescribed by regulation.

(3)In this section—

reporting period means a period prescribed by regulation.

61J   False or misleading reports

(1)A person must not give the chief executive a report under section 61I containing information the person knows is false or misleading in a material particular.

Maximum penalty—1,000 penalty units.

(2)Subsection (1) does not apply to a person if the person, when giving the report—

(a)tells the chief executive, to the best of the person’s ability, how it is false or misleading; and

(b)if the person has, or can reasonably obtain, the correct information—gives the correct information.

61K   Chief executive may publish reports

(1)The chief executive may publish in a report—

(a)notices about the presence of Legionella given to the chief executive under section 61H; or

(b)reports about prescribed tests given to the chief executive under section 61I.

(2)The report may also include any other information the chief executive considers relevant to the notices or reports.

(3)However, information may not be included in the report under subsection (2) if the information is adverse to a person unless—

(a)before the report is prepared, the chief executive gives the person an opportunity to make submissions about the information; and

(b)any submissions made by the person are fairly stated in the report.

Chapter 3    Notifiable conditions

Part 1    Definitions, purpose of chapter and guiding principles

62   Definitions for ch 3

In this chapter—

anonymity code means a code of letters, numbers, or letters and numbers used to designate a particular person.

clinical diagnosis notifiable condition means a notifiable condition—

(a)a diagnosis of which can be made on the basis of clinical evidence, including clinical history, signs and symptoms; and

(b)prescribed under a regulation as a clinical diagnosis notifiable condition.

controlled notifiable condition see section 63.

controlled notifiable conditions order see section 116(1).

notifiable condition see section 64.

Notifiable Conditions Register see section 67.

pathological diagnosis notifiable condition means a notifiable condition—

(a)a diagnosis of which can be made on the basis of a pathological examination of a specimen of human origin; and

(b)prescribed under a regulation as a pathological diagnosis notifiable condition.

pathology request notifiable condition means a notifiable condition prescribed under a regulation as a pathology request notifiable condition.

provisional diagnosis notifiable condition means a notifiable condition—

(a)a provisional diagnosis of which can be made on the basis of clinical evidence, including clinical history, signs and symptoms; and

(b)prescribed under a regulation as a provisional diagnosis notifiable condition.

register means the Notifiable Conditions Register.

63   Meaning of controlled notifiable condition

(1)A controlled notifiable condition is a notifiable condition prescribed under a regulation as a controlled notifiable condition.

(2)However, the Minister must not recommend to the Governor in Council the making of a regulation under subsection (1) unless the Minister is satisfied—

(a)the condition may have a substantial impact on public health; and

(b)the ordinary conduct of a person with the condition is likely to result in the transmission of the condition to someone else; and

(c)the transmission of the condition will result in, or is likely to result in, long term or serious deleterious consequences for the health of the person to whom the condition is transmitted.

64   Meaning of notifiable condition

(1)A notifiable condition is a medical condition prescribed under a regulation as a notifiable condition.

(2)However, the Minister must not recommend to the Governor in Council the making of a regulation under subsection (1) unless the Minister is satisfied the condition is a significant risk to public health.

65   Purpose of ch 3

The purpose of this chapter is to protect persons from notifiable conditions through mechanisms that provide an appropriate balance between the health of the public and the right of individuals to liberty and privacy.

66   Guiding principles for ch 3

(1)The principles intended to guide the achievement of this chapter’s purpose are the following—

(a)the spread of notifiable conditions should be prevented or minimised without unnecessarily infringing the liberty or privacy of individuals;

(b)a person at risk of contracting a notifiable condition should take all reasonable precautions to avoid contracting or being infected with the condition;

(c)a person who suspects he or she may have a notifiable condition should ascertain—

(i)whether he or she has the condition; and

(ii)what precautions should be taken to prevent others from contracting the condition.

(2)For subsection (1), a person at risk of contracting, who suspects he or she may have, or who has, a notifiable condition has a right—

(a)to be protected from unlawful discrimination; and

(b)to have his or her privacy respected; and

(c)to make informed decisions about his or her medical treatment.

(3)Nothing in this section limits the Anti-Discrimination Act 1991, section 107.

Part 2    Notifiable Conditions Register

Division 1 Establishment and purpose of Notifiable Conditions Register

67   Register

(1)The chief executive must establish and keep a register of the persons for whom notifications have been given to the chief executive under this part.

(2)The register must include details of deceased persons for whom notifications have been given.

(3)The chief executive must keep the register in a form the chief executive considers appropriate, including an electronic form.

(4)The register is to be known as the Notifiable Conditions Register.

68   Purposes of register

The purposes for establishing the register are as follows—

(a)to supply data to help in—

(i)monitoring and analysing the incidence and patterns of notifiable conditions; or

(ii)studying the efficacy of the management and treatment of notifiable conditions; or

(iii)increasing public awareness of notifiable conditions;

(b)to identify outbreaks of notifiable conditions so the Commonwealth, the State or a local government can take steps to protect public health;

(c)to help in the identification of persons who have, or may have, contracted a notifiable condition so that—

(i)the Commonwealth, the State or a local government can take action to prevent or minimise transmission of the notifiable condition; or

(ii)the persons may be medically examined and undergo treatment for the notifiable condition;

(d)to help in the planning of services and strategies to prevent or minimise the transmission of notifiable conditions.

Division 2 Notices about notifiable conditions

69   Application of div 2

The requirement to notify or give information under this division relating to a person applies also in relation to a deceased person.

70   When a doctor must notify

(1)A doctor must, under subsection (2), notify the chief executive if an examination of a person by the doctor indicates that the person—

(a)has or had a clinical diagnosis notifiable condition; or

(b)has or had a provisional diagnosis notifiable condition.

Maximum penalty—20 penalty units.

(2)The notice must—

(a)comply with the requirements prescribed under a regulation; and

(b)be in the approved form.

(3)Subsection (1) does not apply if the examination was carried out in a hospital.

71   When the person in charge of hospital must notify

(1)A person in charge of a hospital must, under subsection (2), unless the person in charge has a reasonable excuse, notify the chief executive if an examination of a person by a doctor in the hospital indicates the person—

(a)has or had a clinical diagnosis notifiable condition; or

(b)has or had a provisional diagnosis notifiable condition.

Maximum penalty—20 penalty units.

(2)A notice under subsection (1) must—

(a)comply with the requirements prescribed under a regulation; and

(b)be in the approved form.

72   When the director of a pathology laboratory must notify a pathological diagnosis notifiable condition

(1)The director of a pathology laboratory must, under subsection (2), unless the director has a reasonable excuse, notify the chief executive if a pathological examination of a specimen of human origin in the laboratory indicates that the person from whom the specimen was taken has or had a pathological diagnosis notifiable condition.

Maximum penalty—20 penalty units.

(2)The notice must—

(a)comply with the requirements prescribed under a regulation; and

(b)include the name of the doctor who referred the person’s specimen for pathological examination; and

(c)be in the approved form.

73   When the director of a pathology laboratory must notify pathology request notifiable condition

(1)The director of a pathology laboratory must, under subsection (2), unless the director has a reasonable excuse, notify the chief executive if the laboratory receives a request for a pathological examination of a specimen of human origin for a pathology request notifiable condition.

Maximum penalty—20 penalty units.

(2)The notice must—

(a)comply with the requirements prescribed under a regulation; and

(b)include the name of the doctor who referred the person’s specimen for pathological examination; and

(c)be in the approved form.

74   Anonymity coding

A person required to notify the chief executive under this division may give the notice using an anonymity code.

75   Further information may be required

(1)This section applies if the chief executive considers further information is required in relation to a notice given under this division—

(a)to ensure the accuracy, completeness or integrity of the register; or

(b)to prevent or minimise the spread of a notifiable condition.

(2)The chief executive may ask the following persons to give stated information within a stated time to the chief executive—

(a)the person who gave the notice;

(b)the doctor mentioned in a notice under section 72 or 73 as the doctor who referred the specimen for pathological examination;

(c)another doctor or person who is involved in the treatment of the person for whom a notice was given under this division.

(3)If a person refuses or fails to comply with a requirement under subsection (2), the chief executive may give the person a notice requiring the person to give the information stated in the notice to the chief executive within the reasonable time stated in the notice.

(4)A notice under subsection (3) may require a person to give the full name of, and other identifying information about, a person for whom an anonymity code has been used.

(5)The notice must warn the person that failure to comply with the notice is an offence under this Act.

(6)A person given a notice under subsection (3) must comply with the notice, unless the person has a reasonable excuse.

Maximum penalty—20 penalty units.

(7)A person who gives information requested under this section who would otherwise be required to maintain confidentiality about the information given under an Act, oath, rule of law or practice—

(a)does not contravene the Act, oath, rule of law or practice by giving the information; and

(b)is not liable to disciplinary action for giving the information.

Note—

See for example the Hospital and Health Boards Act 2011, section 142.

(8)Also, merely because the person gives the information, the person can not be held to have—

(a)breached any code of professional etiquette or ethics; or

(b)departed from accepted standards of professional conduct.

Division 3 Confidentiality of information and use of information supplied for Notifiable Conditions Register

76   Definitions for div 3

In this division—

confidential information means information that has become known to a relevant person in the course of performing the relevant person’s functions under this part or the repealed provisions.

entity of the State ...

information includes a document.

relevant person means the following—

(a)a person who is, or was, the chief executive;

(b)a person who is, or was, involved in the administration or enforcement of this part, including, for example, a health service employee or a public service employee;

(c)a person who was involved in the administration or enforcement of the repealed provisions.

repealed provisions means the Health Act 1937, part 3, division 2.

77   Confidentiality of information

(1)A relevant person must not, whether directly or indirectly, disclose confidential information.

Maximum penalty—50 penalty units.

(2)The Hospital and Health Boards Act 2011, section 142, does not apply to a relevant person in relation to confidential information.

78   Disclosure under an Act or another law

Section 77(1) does not apply if the disclosure of the confidential information by a relevant person is authorised under an Act or another law.

79   Disclosure under Act or with written consent etc.

Section 77(1) does not apply if the confidential information is disclosed by a relevant person—

(a)in the performance of functions under this Act; or

(b)with the written consent of the person to whom the information relates; or

(c)to the person to whom the information relates; or

(d)in a form that could not identify any person.

80   Disclosure about notifiable conditions and contact tracing

Section 77(1) does not apply if the disclosure of the confidential information by a relevant person is authorised by the chief executive for the purposes of—

(a)monitoring the incidence and patterns of notifiable conditions; or

(b)identifying the source of outbreaks of notifiable conditions; or

(c)identifying persons who may transmit a notifiable condition to others, to prevent or minimise the transmission of the condition; or

(d)identifying persons who may have contracted, or may be at risk of contracting, a notifiable condition, to prevent or minimise the transmission of the condition; or

(e)contact tracing by a contact tracing officer.

81   Disclosure of confidential information in the public interest

(1)Section 77(1) does not apply to the disclosure of confidential information by a relevant person if—

(a)the chief executive believes, on reasonable grounds, the disclosure is in the public interest; and

(b)the chief executive has, in writing, authorised the disclosure.

(2)The department’s annual report for a financial year under the Financial Accountability Act 2009 must include details of—

(a)the nature of any confidential information disclosed under subsection (1) during the financial year; and

(b)the purpose for which the confidential information was disclosed.

(3)However, the details mentioned in subsection (2)(a) must not identify, directly or indirectly, the person to whom the confidential information relates.

(4)Despite section 455, the chief executive may delegate the chief executive’s powers under this section only to—

(a)the chief health officer; or

(b)another person who—

(i)is a public service officer or public service employee, or a health service employee; and

(ii)the chief executive is satisfied has the expertise or experience in public health issues necessary to exercise the powers.

82   Disclosure for data collection and public health monitoring

Section 77(1) does not apply to the disclosure of confidential information by a relevant person if—

(a)the disclosure is to an employee of the department or a person approved by the chief executive who is contracted by the department to analyse, monitor or evaluate public health; and

(b)the disclosure and receipt of the confidential information is for analysing, monitoring or evaluating public health; and

(c)the employee of the department or other person is authorised in writing by the chief executive to receive the confidential information.

83   Disclosure for purposes relating to health services

Section 77(1) does not apply to the disclosure of confidential information by a relevant person if—

(a)the disclosure is to an employee of the department or a person approved by the chief executive who is contracted by the department to evaluate, manage, monitor or plan health services; or

(b)the disclosure is to an entity prescribed under a regulation for this paragraph for evaluating, managing, monitoring or planning health services as stated in the regulation.

84   Disclosure to Commonwealth, another State or Commonwealth or State entity

(1)Section 77(1) does not apply to the disclosure of confidential information by the chief executive if—

(a)the disclosure is to the Commonwealth or another State, or an entity of the Commonwealth or another State and the disclosure—

(i)is required or allowed under an agreement—

(A)between Queensland and the Commonwealth, State or entity; and

(B)prescribed under a regulation for this paragraph; and

(ii)is considered by the chief executive to be in the public interest; or

(b)the disclosure is to an entity of the State and the disclosure—

(i)is required or allowed under an agreement—

(A)between the chief executive and the entity; and

(B)prescribed under a regulation for this paragraph; and

(ii)is considered by the chief executive to be in the public interest.

(2)The Commonwealth, a State or entity that receives confidential information under an agreement under subsection (1)—

(a)must not give it to anyone else unless allowed to do so by the agreement or in writing by the chief executive; and

(b)must ensure the confidential information is used only for the purpose for which it was given under the agreement.

85   Disclosure to allow chief executive to act

Section 77(1) does not apply if the disclosure of the confidential information by a relevant person is to the chief executive to allow the chief executive to act under this division.

86   Release of information for an investigation under the Coroners Act

(1)This section applies if a coroner is investigating the death of a person.

(2)The chief executive may give to the coroner, or to a police officer helping the coroner to investigate the death, information from the register that is relevant to the person’s death.

(3)The coroner or police officer to whom the information is given and anyone else to whom the information is subsequently given under this subsection must not use or disclose the information other than—

(a)for a purpose of the investigation; or

(b)as otherwise required or permitted under this or another Act.

87   Use of Notifiable Conditions Register

(1)Information in the register—

(a)can not be accessed under any order, whether of a judicial or administrative nature, other than an order for the purpose of this Act; and

(b)is not admissible in any proceeding, other than a proceeding under this Act.

(2)A person can not be compelled to produce the information, or to give evidence relating to the information, in any proceeding, other than a proceeding under this Act.

(3)Subsections (1)(b) and (2) do not apply if the information is admitted or produced, or evidence relating to the information is given, with the consent of the person to whom the information relates.

(4)Nothing in this section limits—

(a)the giving, use or disclosure of information under section 86; or

(b)the release of information by the chief executive under section 88 or the use of that information in a proceeding for a serious offence under that section; or

(c)access to information by the chief executive or a person authorised to have access by the chief executive.

(5)In this section—

order includes a direction or other process.

88   Access to information in register for serious offence

(1)This section applies if information in the register is required by an entity of the State to investigate a serious offence.

(2)The chief executive may release the information to the entity under an agreement under section 84(1)(b) between the chief executive and the entity.

(3)In this section—

serious offence means an offence under the Criminal Code, section 317.

Part 3    Contact tracing

Division 1 Contact tracing officers

89   Functions of contact tracing officer

(1)A contact tracing officer has the following functions—

(a)identifying persons who may have contracted a notifiable condition;

(b)identifying persons who may transmit a notifiable condition to others;

(c)informing persons who may have contracted a notifiable condition so that they may seek medical examination and treatment;

(d)providing information to persons who may have contracted a notifiable condition to prevent or minimise transmission of the notifiable condition;

(e)obtaining information about the following to prevent or minimise transmission of a notifiable condition—

(i)how a person has, or may have, been exposed to the notifiable condition;

(ii)how a person has, or may have, exposed other persons to the notifiable condition.

(2)A contact tracing officer’s functions may be exercised within or outside Queensland or in relation to persons within or outside Queensland.

(3)Without limiting subsection (2), if the chief health officer has made an arrangement under subsection (4) with the corresponding officer for a jurisdiction, a contact tracing officer’s functions may be exercised under the arrangement in relation to the jurisdiction or persons connected with the jurisdiction.

(4)For subsection (3), the chief health officer may make an arrangement with a corresponding officer for a jurisdiction for contact tracing officers to exercise functions in relation to the jurisdiction or persons connected with the jurisdiction.

(5)In this section—

corresponding officer, for a jurisdiction, means a person who has functions under a law of the jurisdiction that correspond with the chief health officer’s functions.

jurisdiction means the Commonwealth or another State.

90   Appointment of contact tracing officer by chief executive

(1)The chief executive may appoint any of the following persons as a contact tracing officer for a notifiable condition—

(a)a public service officer or public service employee;

(b)a health service employee;

(c)a person prescribed under a regulation.

(2)Also, the chief executive may appoint, as a contact tracing officer for a notifiable condition, a person employed by a local government.

(3)An appointment under subsection (2) is for the local government’s area and any other local government area stated in the appointment.

(4)For an appointment under subsection (2), the chief executive—

(a)must, before appointing a person, obtain agreement to the appointment from the chief executive officer of the local government that employs the person; and

(b)must state, in the instrument by which the appointment is made, every notifiable condition to which the appointment applies.

(5)For exercising his or her powers under this part, a contact tracing officer appointed under subsection (1) or (2) is subject to the directions of the chief executive.

91   Qualifications for appointment

The chief executive may appoint a person as a contact tracing officer only if—

(a)the chief executive is satisfied the person is qualified for appointment because the person has the necessary expertise or experience; and

(2)Section 259(2) and (3) apply to the information.

(3)In this section—

commencement day means the day section 259 commences.

479   Chief executive’s duty to send notice

(1)This section applies if, before the commencement day, the chief executive received information mentioned in the Health Act 1937, section 100FK(1), relating to a woman but did not send the woman a notice under that section.

(2)The chief executive must send the woman a notice under section 260.

(3)In this section—

commencement day means the day section 260 commences.

480   Request to remove registered screening history

(1)Section 263 applies to a request made under the Health Act 1937, section 100FM, if, immediately before the commencement day, the chief executive had not complied with the request.

(2)In this section—

commencement day means the day section 263 commences.

481   Request to change identifying information

(1)Section 264 applies to a request under the Health Act 1937, section 100FN, if, immediately before the commencement day, the chief executive had not complied with the request.

(2)In this section—

commencement day means the day section 264 commences.

482   Request for registered screening history

(1)Section 268(1) applies to a request under the Health Act 1937, section 100FP(2), if, immediately before the commencement day, the person receiving the request had not complied with it.

(2)In this section—

commencement day means the day section 268 commences.

483   Agreement to send out notices

(1)This section applies to an agreement with a person under the Health Act 1937, section 100FV, that was in force immediately before the commencement day.

(2)The agreement continues in force under section 277 in accordance with its terms, with any necessary changes, as if it were an agreement to send out the notices mentioned in that section.

(3)In this section—

commencement day means the day section 277 commences.

484   Designated health practitioners

(1)This section applies to a person who was, immediately before the commencement day, a person designated as a health practitioner under the Health Act 1937, section 100FX.

(2)The person is taken to be designated as a health practitioner under section 279.

(3)In this section—

commencement day means the day section 279 commences.

485   Perinatal Statistics Collection

(1)The chief executive may include, in the Perinatal Statistics Collection, information from a return given, before the commencement day, under the Health Act 1937, section 100H.

(2)In this section—

commencement day means the day section 215 commences.

486   Notification about delivery

(1)Section 217 applies to a person in relation to a delivery that happened before the commencement day if the person did not give the chief executive a return relating to the delivery under the Health Act 1937, section 100H.

(2)In this section—

commencement day means the day section 217 commences.

487   Further information about perinatal statistics

(1)The information that may be required under section 218 includes information relating to a delivery that happened before the commencement day.

(2)In this section—

commencement day means the day section 218 commences.

delivery see section 214.

488   Notice to comply with standard about paint

(1)This section applies to a notice to comply under the Health Act 1937, section 129H, in force immediately before the commencement day.

(2)The notice continues in force as a public health order.

(3)In this section—

commencement day means the day section 23 commences.

489   Authority to conduct scientific research and studies

(1)This section applies to a person who, immediately before the commencement day, was authorised to conduct scientific research and studies under the Health Act 1937, section 154M.

(2)The chief executive is taken to have granted an application by the person under chapter 6, part 4, division 2, to be given health information held by the department for the research to which the authority applied.

(3)The application is taken to have been granted for a period ending 2 years after the commencement day.

(4)Subsection (3)—

(a)applies subject to any earlier ending, under this Act, of the period for which the application is taken to have been granted; and

(b)does not affect the making, or dealing with, of another application by the person under chapter 6, part 4.

(5)In this section—

commencement day means the day section 284 commences.

490   Offences

(1)Proceedings for an offence against a repealed provision may be started or continued, and a repealed provision necessary or convenient to be used in relation to the proceedings continues to apply, as if this Act had not commenced.

(2)For subsection (1), the Acts Interpretation Act 1954, section 20 applies, but does not limit the subsection.

(3)In this section—

repealed provision means a provision of the Health Act 1937 omitted by this Act.

491   References to Health Act 1937

In an Act or other document, a reference to the Health Act 1937 may, if the context permits, be taken to be a reference to this Act.

Part 2    Transitional provision for Health Legislation (Restriction on Use of Cosmetic Surgery for Children and Another Measure) Amendment Act 2008

492   When prohibition on performing cosmetic procedures on children does not apply

(1)Section 213B does not apply to a person who performs a cosmetic procedure on a child within 3 months after the commencement if the person agreed before the commencement, in the normal course of the person’s business, to perform the procedure on the particular child.

(2)In this section—

commencement means the commencement of this section.

cosmetic procedure see section 213A.

Part 3    Transitional provisions for Hospital and Health Boards Act 2011

493   Definitions for pt 3

In this part—

commencement means the commencement of this part.

Hospital and Health Service see the Hospital and Health Boards Act 2011, schedule 2.

494   Application for information for research

(1)This section applies if—

(a)the chief executive has granted an application under chapter 6, part 4 for a person to be given health information held by the department for research; and

(b)on the commencement, the period for which the application has been granted has not ended; and

(c)on the commencement, some or all of the health information given, or that may be given, to the person is held by a Hospital and Health Service instead of the department.

(2)The grant is taken to also apply to the health information held by the Hospital and Health Service instead of the department.

Part 4    Transitional provision for Health Legislation Amendment Act 2013

495   Maternal Death Statistics Collection

The chief executive may include, in the Maternal Death Statistics Collection, information relating to maternal mortality that was received by the chief executive before the commencement of this section.

Part 5     Saving provision for Health Legislation Amendment Act 2020

496   Proceeding for particular offence

(1)This section applies in relation to an offence against former section 266 committed by a person before the commencement.

(2)Without limiting the Acts Interpretation Act 1954, section 20, a proceeding for the offence may be continued or started, and the person may be convicted of and punished for the offence, as if the Health Legislation Amendment Act 2020, section 30 had not commenced.

(3)Subsection (2) applies despite the Criminal Code, section 11.

(4)In this section—

former section 266 means section 266 as in force from time to time before the commencement.

Part 6    Transitional provisions for Public Health and Other Legislation (Public Health Emergency) Amendment Act 2020

497   Application of s 366

Section 366(2) applies, and is taken to have applied from 16 March 2020, in relation to loss or damage suffered on or after 16 March 2020.

498   Proceedings against repealed s 362D or 362J

(1)This section applies in relation to an offence against repealed section 362D or repealed section 362J committed by a person before the commencement.

(2)Without limiting the Acts Interpretation Act 1954, section 20, a proceeding for the offence may be continued or started, and the person may be convicted of and punished for the offence, as if chapter 8, part 7A had not expired.

(3)Subsection (2) applies despite the Criminal Code, section 11.

(4)In this section—

repealed, for a provision of this Act, means the provision as in force from time to time before the commencement.

Part 7    Transitional provision for Community Services Industry (Portable Long Service Leave) Act 2020

499   Application of s 362MD

(1)Section 362MD applies in relation to a person required to quarantine only if the requirement for the person’s quarantine is made on or after the commencement.

(2)However, if the requirement for the person’s quarantine is made on the person’s arrival in Queensland from overseas, section 362MD does not apply in relation to the person if the chief executive—

(a)is satisfied, having regard to documentary evidence given by or for the person, that the arrival date for the person’s travel to Queensland was confirmed on or before midnight on 17 June 2020; and

(b)gives the person, or a person who would otherwise be liable to pay fees under that section for the person’s quarantine, a notice that payment of the fees is waived under this section.

Note—

For transitional provisions relating to the expiry of chapter 8, part 7AA, see chapter 12, part 8, division 3.

500   [Repealed]

501   [Repealed]

502    [Repealed]

503   [Repealed]

504   [Repealed]

505   [Repealed]

506   [Repealed]

Part 8    Transitional and validation provisions for Public Health and Other Legislation (Further Extension of Expiring Provisions) Amendment Act 2021

Division 1 Provisions for amendments commencing on assent

507   Validation of particular directions given by emergency officers

(1)This section applies in relation to a direction under section 362H given to a person, before the commencement, by sending the direction by electronic communication to a unique electronic address nominated by the person for the giving of the direction.

(2)The direction is declared to be, and always to have been, as validly given as if—

(a)section 362HA had been in force on the day the direction was given; and

(b)the person had consented to the use of the unique electronic address for the giving of the direction.

(3)Also, the direction is declared for all purposes to be, and always to have been, as valid as if—

(a)section 362HA had been in force on the day the direction was given; and

(b)the person had consented to the use of the unique electronic address for the giving of the direction.

507A    Application of ch 8, pt 7A, div 6

Chapter 8, part 7A, division 6 applies in relation to relevant information whether the information is collected before or after the commencement.

Division 1A Provisions applying on expiry of chapter 8, part 7A

507B    Application of division

(1)This division applies on the expiry of chapter 8, part 7A.

(2)This division does not limit the Acts Interpretation Act 1954, section 20.

507C    Interpretation

(1)In this division—

former, for a provision of this Act, means the provision as in force from time to time before the expiry.

(2)A reference in a provision of this division to the expiry generally is a reference to the expiry of chapter 8, part 7A.

(3)Words defined under former chapter 8, part 7A and used in this division have the same meaning as they had under the former part.

507D    Continuation of confidentiality requirements

(1)This section applies in relation to a relevant person who, in that capacity, has acquired or has access to relevant information collected before the expiry, whether the relevant person acquires or has access to the relevant information before or after the expiry.

(2)Despite the expiry, former chapter 8, part 7A, division 6 continues to apply in relation to the relevant person.

(3)To remove any doubt, it is declared that a proceeding for an offence against former section 362MAF may, after the expiry, be started or continued under that section as if the section had not expired.

507E    Continuation of limits on use of relevant information and derived evidence

Despite the expiry, former section 362MAI continues to apply in relation to—

(a)relevant information collected before the expiry; and

(b)derived evidence, if the evidence was obtained as a direct or indirect result of relevant information mentioned in paragraph (a); and

(c)evidence relating to relevant information mentioned in paragraph (a) or derived evidence mentioned in paragraph (b).

Division 2 Provision for amendments commencing by proclamation

508   Application of s 362ME

Section 362ME, as in force on the commencement, applies in relation to the quarantine fees a person is liable to pay under section 362MD whether the person’s liability under that section arose before, or arises after, the commencement.

Division 3 Provisions applying on expiry of chapter 8, part 7AA

509   Application of division

(1)This division applies on the expiry of chapter 8, part 7AA.

(2)This division does not limit the Acts Interpretation Act 1954, section 20.

510   Interpretation

(1)In this division—

former, for a provision of this Act, means the provision as in force from time to time before the expiry.

(2)A reference in a provision of this division to the expiry generally is a reference to the expiry of chapter 8, part 7AA.

(3)Words defined under former chapter 8, part 7AA and used in this division have the same meaning as they had under the former part.

511   Continuation of liability under former s 362MD or 362ME arising before expiry

(1)This section applies if, immediately before the expiry, a person was liable under former section 362MD or 362ME to pay the quarantine fees for a person’s quarantine.

(2)The expiry of former section 362MD or 362ME does not affect the person’s liability under either provision.

(3)Despite its expiry, former chapter 8, part 7AA continues to apply in relation to the person.

512   Liability under s 362ME arising on or after expiry

(1)Despite its expiry, section 362ME as in force immediately before the expiry continues to apply in relation to a third party who wishes to accept liability for payment of the quarantine fees that a primary party was, immediately before the expiry, liable to pay under former section 362MD.

(2)Without limiting subsection (1)—

(a)the third party may, on or after the expiry, give an acceptance notice, as mentioned in section 362ME(1)(b), in relation to the quarantine fees; and

(b)the chief executive may, on or after the expiry, approve the third party under section 362ME(2) as an approved person in relation to the primary party.

(3)Despite its expiry, chapter 8, part 7AA as in force immediately before the expiry continues to apply in relation to a third party who, on or after the expiry, becomes liable under section 362ME, as applied under subsection (1), to pay the quarantine fees for a person’s quarantine.

513   Continued application of former s 362MM

(1)This section applies in relation to a person who, before the expiry—

(a)was given a prepayment notice in relation to a prescribed person; and

(b)paid the amount required under the notice.

(2)Despite its expiry, former section 362MM continues to apply in relation to the person.

(3)However, former section 362MM applies as if the reference in former section 362MM(1)(b)(i) to the prescribed person not travelling to Queensland within 120 days after the amount is paid under the prepayment notice were a reference to the prescribed person not travelling to Queensland before the expiry.

514   Continued application of ss 362MN and 362MO

(1)Despite its expiry, section 362MN as in force immediately before the expiry continues to apply for giving a notice, or making an application, in the approved way under, or for, a provision of chapter 8, part 7AA that is continued in effect under this division.

(2)Despite its expiry, section 362MO as in force immediately before the expiry continues to apply for giving a person a relevant document, within the meaning of that section, under a provision of chapter 8, part 7AA that is continued in effect under this division.

Part 9    Transitional provisions for Public Health and Other Legislation (COVID-19 Management) Amendment Act 2022

515   Application of part

This part applies on the expiry of chapter 3, part 5A.

516    Proceedings for particular offence

(1)This section applies in relation to an offence against former section 142K committed by a person before the expiry of chapter 3, part 5A.

(2)Without limiting the Acts Interpretation Act 1954, section 20, a proceeding for the offence may be continued or started, and the person may be convicted of and punished for the offence, as if chapter 3, part 5A had not expired.

(3)Subsection (2) applies despite the Criminal Code, section 11.

(4)In this section—

former section 142K means section 142K as in force from time to time before the expiry of chapter 3, part 5A.

517   Continued application of s 142R

Section 142R as in force immediately before the expiry of chapter 3, part 5A continues to apply as if that part had not expired.

Part 10    Transitional provision for Health and Other Legislation Amendment Act 2023

518   Continued application of former s 234 for giving particular notifications

(1)This section applies if—

(a)before the commencement, either of the following events happened—

(i)a pathological examination mentioned in former section 234(1) was undertaken;

(ii)a person mentioned in former section 234(3) separated from being a patient at a hospital; and

(b)immediately before the commencement, the time for giving a notification for the event under the former section had not ended; and

(c)immediately before the commencement, the notification had not been given to the chief executive.

(2)The notification must be given as if former section 234 had not been repealed.

(3)In this section—

former section 234 means section 234 as in force from time to time before the commencement.

Part 11    Transitional provisions for Health Legislation Amendment Act (No. 2) 2025

519   Definition for part

In this part—

former, for a provision of this Act, means the provision as in force from time to time before the commencement.

520   Application of new ch 6, pt 3A to particular diagnoses made before commencement

(1)This section applies if—

(a)before the commencement, a medical practitioner diagnosed a person with a notifiable dust lung disease within the meaning of former section 279AA; and

(b)immediately before the commencement—

(i)former section 279AF(2) applied in relation to the diagnosis; and

(ii)the prescribed period mentioned in former section 279AF(2) had not ended; and

(iii)the medical practitioner had not complied with former section 279AF(2); and

(c)on the commencement, the disease is a notifiable occupational respiratory disease under new section 279AB.

(2)New chapter 6, part 3A, division 1 applies in relation to the diagnosis as if the diagnosis were made on the commencement.

(3)In this section—

new, for a provision of this Act, means the provision as in force from the commencement.

521   Proceedings for particular offences

(1)This section applies in relation to an offence against former sections 279AF(2), 279AG(4) or 279AL(1) committed by a person before the commencement.

(2)Without limiting the Acts Interpretation Act 1954, section 20, a proceeding for the offence may be continued or started, and the person may be convicted of and punished for the offence, as if the Health Legislation Amendment Act (No. 2) 2025, section 44 had not commenced.

(3)Subsection (2) applies despite the Criminal Code, section 11.

Schedule 2 Dictionary

section 8

abnormal Pap smear ...

administering executive means—

(a)for a person appointed under this Act as an authorised person or contact tracing officer by the chief executive—the chief executive; or

(b)for a person appointed under this Act as an authorised person by a chief executive officer—the chief executive officer; or

(c)for a person appointed under this Act as an authorised person by 2 or more chief executive officers—the chief executive officers jointly.

ambulance officer, for chapter 4A, see section 157A.

annual compliance certificate, for chapter 11, part 1A, see section 454J(1).

anonymity code, for chapter 3, see section 62.

approved form means a form approved by the chief executive or the chief executive officer of a local government.

approved inspection program see section 427.

approved laboratory means a laboratory approved by the chief executive under section 434.

approved operator ...

approved provider—

(a)for chapter 2A, see section 61A; and

(b)for chapter 5, see section 158.

approved quality assurance committee ...

asbestos means the asbestiform varieties of mineral silicates belonging to the serpentine or amphibole groups of rock-forming minerals, including the following—

(a)actinolite asbestos;

(b)grunerite (or amosite) (brown) asbestos;

(c)anthophyllite asbestos;

(d)chrysotile (white);

(e)crocidolite (blue);

(f)tremolite asbestos;

(g)a mixture containing 1 or more of the minerals mentioned in paragraphs (a) to (f).

Note—

Paragraphs (a), (b), (c) and (f) mention mineral silicates that use the same mineral term for both the asbestiform and nonasbestiform varieties. The word ‘asbestos’ has been included when listing these minerals to emphasise that only the asbestiform habit of these minerals is regulated as asbestos.

asbestos-related event, for chapter 11, part 1A, see section 454A.

asbestos-related function, of a local government, for chapter 11, part 1A, see section 454A.

asbestos-related harm, for chapter 11, part 1A, see section 454A.

Australian Immunisation Handbook, for chapter 5, part 2, division 1AA, see section 160A.

authorised person—

(a)for chapter 4A, see section 157A; or

(b)otherwise—see section 377.

baby, for chapter 6, part 1, see section 214.

baby born alive, for chapter 6, part 1, see section 214.

baby not born alive, for chapter 6, part 1, see section 214.

behavioural order means a behavioural order by a magistrate under chapter 3, part 5, division 3.

biomedical study, for chapter 6, part 4, see section 280.

business contact information, for chapter 3, part 3, division 2, see section 98.

business contact information requirement, for chapter 3, part 3, division 2, see section 98.

cancer, for chapter 6, see section 229.

care and treatment order, for chapter 5, see section 158.

carer ...

centre based service, for chapter 5, see section 158.

chairperson, for chapter 7, see section 293.

chief executive (child safety), for chapter 5, see section 158.

chief executive officer means the chief executive officer of a local government.

chief executive’s authorisation, for chapter 2, part 4, see section 36(2).

chief executive’s order, for chapter 3, see section 112.

chief health officer see the Hospital and Health Boards Act 2011, schedule 2.

child means an individual under 18 years.

child care service ...

clinical and applied study, for chapter 6, part 4, see section 280.

clinical diagnosis notifiable condition see section 62.

clinical information ...

clinical management ...

collection—

(a)for chapter 6, part 1, see section 214; or

(b)for chapter 6, part 1A, see section 228C.

commencement means—

(a)for chapter 4, see section 147; or

(b)for chapter 12, part 3, see section 493.

Commonwealth Act, for chapter 6, part 3A, division 1, see section 279AA.

Commonwealth chief medical officer, for chapter 6, part 3A, division 1, see section 279AA.

communication network means a network—

(a)capable of electronic communication; and

(b)designed to enable a user of the network to communicate with a specific person or group of people.

Examples—

a telephone network or computer network

conduct, for chapter 11, part 1A, see section 454A.

confidential information—

(a)for chapter 2, part 5, division 4, see section 53; or

(b)for chapter 3, part 2, division 3, see section 76; or

(c)for chapter 3, part 3, division 3, see section 104; or

(d)for chapter 5, part 2, division 3, see section 174; or

(e)for chapter 6, part 1, division 4, see section 219; or

(f)for chapter 6, part 1A, division 4, see section 228H; or

(g)for chapter 6, part 2, division 4, see section 237; or

(h)for chapter 6, part 3A, division 2, see section 279AD.

contact information, for chapter 3, part 3, division 2, see section 98.

contact information requirement, for chapter 3, part 3, division 2, see section 98.

contact tracing officer means a person appointed as a contact tracing officer under section 90.

contagious condition, for chapter 5, see section 158.

contractor, for chapter 6, part 2, see section 229.

controlled notifiable condition see section 63.

controlled notifiable conditions declaration, for chapter 8, see section 315.

controlled notifiable conditions order, for chapter 3, see section 62.

conversion therapy, for chapter 5B, see section 213F.

conviction means a finding of guilt or the acceptance of a plea of guilty by a court, whether or not a conviction is recorded.

cooling tower, for chapter 2A, see section 61A.

coroner see the Coroners Act 2003, schedule 2.

cosmetic procedure, for chapter 5A, see section 213A.

COVID-19 emergency, for chapter 8, see section 315.

COVID-19 public health legislation expiry day ...

declared health service see section 148.

declared public health emergency, for chapter 8, see section 315.

delivery, for chapter 6, part 1, see section 214.

deputy chief health officer see the Hospital and Health Boards Act 2011, schedule 2.

designated medical officer see section 158.

designated person, for chapter 6, part 1, see section 214.

designated pests means any of the following—

(a)mosquitos;

(b)rats;

(c)mice;

(d)other animals prescribed under a regulation.

detention order—

(a)for chapter 3, means a detention order by a magistrate under chapter 3, part 5, division 4; or

(b)for chapter 8, see section 315.

directions notice see section 156E(2).

director, of a pathology laboratory, means the person who has effective control of—

(a)the laboratory premises, whether or not the person has an interest in the premises; and

(b)the use of equipment used at the laboratory; and

(c)the work performed by the staff in the laboratory.

disclose, for chapter 6, part 3A, division 2, see section 279AD.

disclosure section ...

document certification requirement see section 418(5).

document production requirement see section 418(6).

drinking water—

1Drinking water means water, for human consumption, intended primarily as water for drinking, whether or not the water is used for other purposes.

2Drinking water does not include—

(a)water that is food as defined under the Food Act 2006; or

(b)water taken or supplied for domestic purposes under the Water Act 2000.

drinking water service provider means a drinking water service provider under the Water Supply (Safety and Reliability) Act 2008.

dwelling does not include land around a dwelling.

education and care service, for chapter 5, see section 158.

educator, for chapter 5, see section 158.

emergency examination authority, for chapter 4A, see section 157D(1).

emergency notifiable condition, for chapter 8, see section 315.

emergency officer see section 315.

emergency officer (general), for chapter 8, see section 315.

emergency officer (medical), for chapter 8, see section 315.

enforcement order means an enforcement order made under chapter 2, part 3, division 3.

entity of the State means—

(a)a department; or

(b)an entity established under an Act for a public purpose.

environmental health event, for chapter 2, part 5, see section 47.

environmental health event register, for chapter 2, part 5, see section 48.

epidemiological study, for chapter 6, part 4, see section 280.

evaluation and planning study, for chapter 6, part 4, see section 280.

examination period, for chapter 4A, see section 157E(1).

executive officer, of a corporation, means a person who is concerned with, or takes part in, the corporation’s management, whether or not the person is a director or the person’s position is given the name of executive officer.

exotic disease ...

family day care co-ordinator, for chapter 5, see section 158.

family day care service, for chapter 5, see section 158.

gender identity, of a person, for chapter 5B, see section 213G.

general search, for chapter 4A, part 6, see section 157X.

government entity has the meaning given in the Government Owned Corporations Act 1993.

greywater means wastewater from a bath, basin, kitchen, laundry or shower, whether or not the wastewater is contaminated with human waste.

harm, for chapter 5, see section 158.

harm, for chapter 11, part 1A, see section 454A.

harmful thing, for chapter 4A, part 6, see section 157X.

hazard, for chapter 2A, see section 61A.

hazardous event, for chapter 2A, see section 61A.

hazard source, for chapter 2A, see section 61A.

health agency means the department or a Hospital and Health Service.

health care facility see section 149.

health information held by a health agency—

(a)means—

(i)information held by the agency about a person’s health or the provision of a health service to a person; or

(ii)information about a person’s health or the provision of a health service to the person obtained by the agency under this Act or another Act; or

(iii)for chapter 6, part 4, information about a person’s health or the provision of a health service to a person held or obtained by a contractor for the contractor to keep the Queensland Cancer Register; and

(b)includes information about a person who is deceased.

health information held by the department ...

health ombudsman means the health ombudsman under the Health Ombudsman Act 2013.

health practitioner, for chapter 4A, see section 157A.

health professional, for chapter 6, part 1A, see section 228C.

health service—

(a)for chapter 5, part 4, see section 213AA; or

(b)for chapter 6, part 1A, see section 228C.

health service chief executive see the Hospital and Health Boards Act 2011, schedule 2.

health service chief executive ...

health service chief executive ...

health service employee see Hospital and Health Boards Act 2011, schedule 2.

health service facility, for chapter 5, see section 158.

health service provider, for chapter 5B, see section 213E.

histological sample ...

histology test ...

historical dust lung disease register, for chapter 6, part 3A, division 2, see section 279AD.

home based service ...

hospital means a public sector hospital, a private health facility or the Mater Misericordiae Public Hospitals.

Hospital and Health Service for chapter 12, part 3, see section 493.

HPV ...

HPV sample ...

HPV test ...

human research ethics committee means a committee formed in accordance with requirements prescribed under a regulation.

ICMP, for chapter 4, see section 147.

identifying information ...

immunisation history statement, for chapter 5, part 2, division 1AA, see section 160A.

immunisation status “up to date”, for chapter 5, part 2, division 1AA, see section 160A.

improvement notice—

(a)for chapter 2, part 5A, division 1, see section 57A(2); or

(b)for chapter 4, part 3A, see section 156C(2).

indemnity conditions, for chapter 11, part 1A, see section 454F.

information—

(a)for chapter 2, part 5, division 4, see section 53; or

(b)for chapter 3, part 2, division 3, see section 76; or

(c)for chapter 3, part 3, division 3, see section 104; or

(d)for chapter 5, part 2, division 3, see section 174; or

(e)for chapter 6, part 1, division 4, see section 219; or

(f)for chapter 6, part 1A, division 4, see section 228H; or

(g)for chapter 6, part 2, division 4, see section 237; or

(h)for chapter 6, part 3A, division 2, see section 279AD.

initial examination order means an initial examination order by a magistrate under chapter 3, part 5, division 2.

invasive procedure, for chapter 4, see section 147.

isolation period ...

issuing authority means—

(a)if a matter is done by a person for a local government, the local government; or

(b)if a matter is done by the chief executive or by a person for the chief executive, the chief executive.

justification statement ...

Legionella, for chapter 2A, see section 61A.

licensee ...

local government public health risk, for chapter 2, see section 10.

maternal death, for chapter 6, part 1A, see section 228C.

Maternal Death Statistics Collection see section 228C.

midwife means a person registered under the Health Practitioner Regulation National Law to practise in the midwifery profession, other than as a student.

mobile premises, for chapter 4, see section 147.

monitoring and surveillance study, for chapter 6, part 4, see section 280.

motor vehicle means a vehicle for which registration is required under the Transport Operations (Road Use Management) Act 1995 and includes a caravan and a trailer.

national registry, for chapter 6, part 3A, division 1, see section 279AA.

nominated person ...

notice means a written notice.

notifiable condition see section 64.

Notifiable Conditions Register see section 62.

notifiable disease ...

notifiable dust lung disease ...

notification, for chapter 6, part 1A, see section 228C.

notification about cancer, for chapter 6, part 2, see section 229.

obstruct includes hinder and attempt to obstruct or hinder.

occupational exposure ...

occupier, of a place, includes a person who reasonably appears to be an occupier, or in charge, of the place.

official conduct, of a prescribed person, for chapter 11, part 1A, see section 454A.

operator, of a health care facility, for chapter 4, see section 147.

operator ...

owner, of land, has the meaning given in the Local Government Act 2009.

panel, for chapter 7, see section 293.

Pap smear ...

Pap Smear Register ...

Pap smear test ...

parent, of a child, for chapter 5, see section 158.

pathological diagnosis notifiable condition, for chapter 3, see section 62.

pathology laboratory includes premises used for the pathological examination of Pap smears, histological samples, blood or other specimens of human origin.

pathology request notifiable condition, for chapter 3, see section 62.

Perinatal Statistics Collection see section 214.

personal search, for chapter 4A, part 6, see section 157X.

person in charge—

(a)for a school, for chapter 5, see section 158; or

(b)for an education and care service, see section 158; or

(c)for a child care service, for chapter 5, see section 158.

place includes premises and vacant land.

pollution event, for chapter 7A, see section 313C.

pollution notice, in relation to a pollution event, for chapter 7A, see section 313D.

potable water ...

premises includes—

(a)a building or other structure; and

(b)a part of a building or other structure; and

(c)a vehicle; and

(d)a caravan.

prescribed facility, for chapter 2A, see section 61A.

prescribed medical practitioner, for chapter 6, part 3A, division 1, see section 279AA.

prescribed period, for a contagious condition, for chapter 5, see section 158.

prescribed person, for chapter 11, part 1A, see section 454A.

prescribed test, for chapter 2A, see section 61A.

prevention and control program, for chapter 2, part 4, see section 36.

private health facility see Private Health Facilities Act 1999, section 8.

professional, for chapter 5, see section 158.

provider ...

provisional diagnosis notifiable condition see section 62.

public health direction ...

public health emergency, for chapter 8, see section 315.

public health emergency area, for chapter 8, see section 315.

public health emergency order, for chapter 8, see section 315.

public health order means an order given by an authorised person under section 23.

public health risk see section 10.

public sector health service see the Hospital and Health Boards Act 2011, schedule 2.

public sector health service facility, for chapter 4A, see section 157A.

public sector hospital see the Hospital and Health Boards Act 2011, schedule 2.

publish, for chapter 7A, see section 313B.

QEC approved service, for chapter 5, see section 158.

quality assurance committee see the Hospital and Health Boards Act 2011, schedule 2.

quarantine period ...

Queensland Cancer Register see section 229.

reasonably suspects means suspects on grounds that are reasonable in the circumstances.

recognised immunisation provider ...

recognised vaccination provider, for chapter 5, part 2, division 1AA, see section 160A.

recycled water see the Water Supply (Safety and Reliability) Act 2008, schedule 3.

recycled water provider means—

(a)a recycled water provider under the Water Supply (Safety and Reliability) Act 2008; or

(b)an entity, other than a recycled water provider, declared to be part of a multiple-entity recycled water scheme under the Water Supply (Safety and Reliability) Act 2008.

register—

(a)for chapter 3, part 2, see section 62; or

(b)for chapter 6, part 2, see section 229; or

(c)for chapter 6, part 4, see section 280.

registered health practitioner, for chapter 6, part 1A, see section 228C.

registered nurse means a person registered under the Health Practitioner Regulation National Law—

(a)to practise in the nursing profession, other than as a student; and

(b)in the registered nurses division of that profession.

registered screening history ...

registrar of titles means the registrar of titles under the Land Title Act 1994.

regulator ...

relevant chief executive ...

relevant employee ...

relevant person means—

(a)for chapter 2, part 5, division 4, see section 53; or

(b)for chapter 3, part 2, division 3, see section 76; or

(c)for chapter 3, part 3, division 3, see section 104; or

(d)for chapter 5, part 2, division 3, see section 174; or

(e)for chapter 6, part 1, division 4, see section 219; or

(f)for chapter 6, part 1A, division 4, see section 228H; or

(g)for chapter 6, part 2, division 4, see section 237; or

(h)for chapter 6, part 3A, division 2, see section 279AD.

repealed provision means—

(a)for chapter 3, part 2, division 3, see section 76; or

(b)for chapter 3, part 3, division 3, see section 104; or

(c)for chapter 6, part 1, division 4, see section 219; or

(d)for chapter 6, part 2, division 4, see section 237.

research, for chapter 6, part 4, see section 280.

Research Register, for chapter 6, part 4, see section 280.

residential aged care facility, for chapter 2A, see section 61A.

residential care, for chapter 2A, see section 61A.

residential care facility ...

responsible person, for chapter 2A, see section 61A.

scanning search, for chapter 4A, part 6, see section 157X.

school, for chapter 5, see section 158.

school health program, for chapter 5, part 4, see section 213AA.

school health program provider, for chapter 5, part 4, see section 213AA.

school principal, for chapter 5, part 4, see section 213AA.

search requiring the removal of clothing, for chapter 4A, part 6, see section 157X.

security officer, for chapter 4A, see section 157A.

Service, for chapter 5, part 4, see section 213AA.

sexual orientation, of a person, for chapter 5B, see section 213E.

State aged care facility, for chapter 2A, see section 61A.

State analyst means a person appointed as a State analyst under section 430.

State public health risk, for chapter 2, see section 10.

structure includes any building, wall, fence, water reservoir or drain and anything projecting from a structure.

student, for chapter 5, part 4, see section 213AA.

teacher, for chapter 5, see section 158.

third party, for chapter 2, part 3, division 5, see section 33.

third-party contractor, for chapter 11, part 1A, see section 454A.

treatment or care place, for chapter 4A, see section 157A.

unique electronic address, for a person, means a fixed designation on a communication network assigned to the person for the purpose of the person receiving information.

Examples—

an email address, mobile phone number or user account

vaccinated, for chapter 5, see section 158.

vaccine preventable condition, for chapter 5, see section 158.

vehicle includes an aircraft and a vessel.

water distribution system, for chapter 2A, see section 61A.

water risk management plan, for chapter 2A, see section 61A.

water service provider means—

(a)a drinking water service provider; or

(b)a recycled water provider.

witness requirement notice, for chapter 7, see section 293.

woman ...

worker ...

written or in writing ...