Public Health Act 2010 (NSW)
An Act with respect to public health.
This Act is the Public Health Act 2010.
This Act commences on a day or days to be appointed by proclamation.
The objects of this Act are as follows—
(a) to promote, protect and improve public health,
(b) to control the risks to public health,
(c) to promote the control of infectious diseases,
(d) to prevent the spread of infectious diseases,
(e) to recognise the role of local government in protecting public health.
(f) to monitor diseases and conditions affecting public health.
The protection of the health and safety of the public is to be the paramount consideration in the exercise of functions under this Act.
A local government authority has, in relation to its area, the responsibility to take appropriate measures to ensure compliance with the requirements of this Act in relation to private water suppliers, water carters, public swimming pools and spa pools, regulated systems and premises on which skin penetration procedures are carried out (as referred to in Part 3).
In particular, a local government authority has the responsibility of appointing authorised officers to enable it to exercise its functions under this Act and ensuring that its authorised officers duly exercise their functions under this Act.
In this section—
(a) from any supplier of drinking water referred to in paragraphs (a)–(g) of the definition of
supplier of drinking water in section 5(1), or(b) in the form of bottled or packaged water.
The Secretary is responsible for providing guidance and support to local government authorities in the exercise of their functions under this Act but may also (in appropriate circumstances) exercise compliance functions relating to environmental health.
In this Act—
(a) in relation to a council within the meaning of the Local Government Act 1993, the area for which the council is constituted by that Act, or
(b) in relation to a person appointed under section 5A, the part of the Western Division that is not within the area of a council, or
(c) in relation to the Lord Howe Island Board, Lord Howe Island.
(a) a public hospital within the meaning of the Health Services Act 1997, or
(b) a declared mental health facility within the meaning of the Mental Health Act 2007, or
(c) a private health facility within the meaning of the Private Health Facilities Act 2007, or
(d) a nursing home, or
(e) any other institution declared by the regulations to be a hospital for the purposes of this definition.
(a) a council within the meaning of the Local Government Act 1993, or
(b) the person appointed under section 5A, or
(c) the Lord Howe Island Board.
(a) a facility at which that care is provided in relation to an allocated place (within the meaning of that Act) that requires a high level of residential care (within the meaning of that Act), or
(b) a facility that belongs to a class of facilities prescribed by the regulations.
(a) the owner of the premises or part, or
(b) if any other person is entitled to occupy the premises or part to the exclusion of the owner, the person so entitled, or
(c) for the purposes of Divisions 2 and 5 of Part 3—if an air-handling system or a cooling water system is installed on premises that are subdivided into a strata scheme (within the meaning of the Strata Schemes Management Act 2015), the owners corporation constituted under that Act for the scheme.
(a) any procedure carried out by a registered health practitioner, or by a person acting under the direction or supervision of a registered health practitioner, in the course of providing a health service, or
(b) any procedure declared by the regulations not to be a skin penetration procedure.
(a) Sydney Water Corporation,
(b) Hunter Water Corporation,
(c) a water supply authority within the meaning of the Water Management Act 2000,
(d) a local council or a county council exercising water supply functions under Division 2 of Part 3 of Chapter 6 of the Local Government Act 1993,
(e) the Lord Howe Island Board,
(f) a licensed operator or licensed retailer within the meaning of the Water Industry Competition Act 2006,
(g) any person who treats or supplies water on behalf of a person referred to in any of the preceding paragraphs,
(h) any person who supplies drinking water in the course of a commercial undertaking (other than that of supplying bottled or packaged drinking water), being a person who has not received the water—
(i) from a person referred to in any of the preceding paragraphs, or
(ii) in the form of bottled or packaged water,
(i) any person who receives water from a person referred to in this definition and who supplies drinking water from a water carting vehicle in the course of a commercial undertaking.
The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.
Notes included in this Act do not form part of this Act.
For the purposes of comparison, a number of provisions of this Act contain bracketed notes in headings, drawing attention (“cf”) to equivalent or comparable (though not necessarily identical) provisions of the previous public health legislation. Abbreviations used include 1991 Act (the Public Health Act 1991), Microbial Control Reg (the Public Health (Microbial Control) Regulation 2000), Swimming Pools Reg (the Public Health (Swimming Pools and Spa Pools) Regulation 2000), and Skin Penetration Reg (the Public Health (Skin Penetration) Regulation 2000).
The Minister may appoint a person to be the local government authority for the purposes of this Act for land within the Western Division that is not within the area of a council.
The Minister may revoke an appointment under this section at any time or for any reason.
A person appointed under this section (except a person who is an employee of a government sector agency within the meaning of the Government Sector Employment Act 2013) is entitled to be paid the remuneration (including travelling and subsistence allowances) that the Minister may from time to time determine in respect of the person.
(cf 1991 Act, s 81)
This Act binds the Crown in right of New South Wales and, in so far as the legislative power of Parliament permits, the Crown in all its other capacities.
Nothing in this Act renders the Crown liable to be prosecuted for an offence.
(cf 1991 Act, s 5)
This section applies if the Minister considers on reasonable grounds that a situation has arisen that is, or is likely to be, a risk to public health.
In those circumstances, the Minister—
(a) may take such action, and
(b) may by order give such directions,
as the Minister considers necessary to deal with the risk and its possible consequences.
Without limiting subsection (2), an order may declare any part of the State to be a public health risk area and, in that event, may contain such directions as the Minister considers necessary—
(a) to reduce or remove any risk to public health in the area, and
(b) to segregate or isolate inhabitants of the area, and
(c) to prevent, or conditionally permit, access to the area.
An order must be published in the Gazette as soon as practicable after it is made, but failure to do so does not invalidate the order.
Unless it is earlier revoked, an order expires at the end of 90 days after it was made or on such earlier date as may be specified in the order.
Action may not be taken, and an order has no effect, in relation to any part of the State for which a state of emergency exists under the State Emergency and Rescue Management Act 1989.
An application may be made to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997 of any of the following decisions—
(a) any action taken by the Minister under this section other than the giving of a direction by an order under this section,
(b) any direction given by any such order.
(cf 1991 Act, s 4)
This section applies in relation to any part of the State for which a state of emergency exists under the State Emergency and Rescue Management Act
1989 (
In these circumstances, the Minister, with the agreement of the Minister administering the 1989 Act—
(a) may take such action, and
(b) may by order give such directions,
as the Minister considers necessary to deal with the risk and its possible consequences.
Without limiting subsection (2), an order may direct—
(a) all persons in a specified group, or
(b) all persons residing in a specified area,
to submit themselves for medical examination in accordance with the order.
An order must be published in the Gazette as soon as practicable after it is made, but failure to do so does not invalidate the order.
Unless it is earlier revoked, an order expires when the relevant state of emergency ceases to exist.
Action taken (including any order made) under this section has effect as if it had been taken in the execution of Division 4 of Part 2 of the 1989 Act.
Consequently, it is an offence under that Act to obstruct or hinder the Minister administering that Act in the exercise of any such function (section 40), and no proceedings may be brought against any person (including the Crown) as a consequence of any damage, loss, death or injury arising from the exercise of any such function (section 41).
(cf 1991 Act, s 9)
This section applies if the Minister considers that, because of an act or omission of a public authority, or of any person acting on behalf of a public authority, a situation has arisen that is, or is likely to be, a risk to public health.
In these circumstances, the Minister may, by order in writing served on the public authority or the chief executive officer (however described) of the authority, direct the public authority or the chief executive officer to take specified action to minimise or rectify any adverse consequences of the act or omission.
If a public authority or the chief executive officer (however described) of a public authority considers that, for any reason, a situation has arisen that is, or is likely to be, a risk to public health, the public authority or chief executive officer is to notify the Minister of that fact.
A person who—
(a) is subject to a direction under section 7, 8 or 9, and
(b) has notice of the direction,
must not, without reasonable excuse, fail to comply with the direction.
Maximum penalty—
(a) in the case of an individual—100 penalty units, or imprisonment for 6 months, or both, and, in the case of a continuing offence, a further 50 penalty units for each day the offence continues, or
(b) in the case of a corporation—500 penalty units and, in the case of a continuing offence, a further 250 penalty units for each day the offence continues.
A direction made by the Minister by order under section 7, 8 or 9 may adopt, and require compliance with, a publication as in force for the time being.
(cf 1991 Act, s 8)
If the Secretary considers that access to any premises on which the public, or sections of the public, are required, permitted or accustomed to congregate should be restricted or prohibited in order to protect public health, the Secretary may, by order, direct that access to the premises be restricted or prohibited as specified in the order.
An order must be published in the Gazette as soon as practicable after it is made, but failure to do so does not invalidate the order.
In the case of premises that are not under the control of a Minister, any person who—
(a) controls, or is involved in the control of, the premises, and
(b) has notice of the direction,
must take such reasonably practicable action as is necessary to comply with the direction.
Maximum penalty—
(a) in the case of an individual—100 penalty units, or imprisonment for 6 months, or both and, in the case of a continuing offence, a further 50 penalty units for each day the offence continues, or
(b) in the case of a corporation—500 penalty units and, in the case of a continuing offence, a further 250 penalty units for each day the offence continues.
(cf 1991 Act, s 6)
If the Secretary suspects that there is a noxious article on any premises, the Secretary may, by order in writing, authorise any person to enter the premises, seize anything that appears to be a noxious article and, there or elsewhere, disinfect or destroy it.
A person (other than a public authority) must not—
(a) transfer possession of an article to another person, or
(b) expose an article to another person, or
(c) remove an article from any premises the subject of an order under subsection (1),
if the person knows it to be a noxious article.
Maximum penalty—100 penalty units, or imprisonment for 6 months, or both.
A public authority has a duty to avoid doing anything that, if done by a person other than a public authority, would be an offence under this section.
A person who suffers damage as a result of the disinfection or destruction of an article is entitled to reasonable compensation unless the condition of the article that necessitated its disinfection or destruction was attributable to that person’s act or default.
Any such compensation is payable out of money to be provided by Parliament.
In this section,
(a) has been in contact with a person who has an infectious disease that is transmissible by contact with the article or animal, or
(b) is or is likely to be infested with vermin, or
(c) is or is likely to be a risk to health as a result of its having been in contact with any article, person or animal that is infested with vermin.
If the Chief Health Officer is of the view that there is a risk to the health or safety of the public or a sector of the public, the Chief Health Officer may make public a statement identifying and giving warnings or information about the risk.
The Chief Health Officer is to take into account any matters prescribed by the regulations in determining whether to make public a statement under this section.
The Privacy and Personal Information Protection Act 1998 and the Health Records and Information Privacy Act 2002 do not apply with respect to a statement made public under this section.
No liability is incurred by the Chief Health Officer or any other person for making public in good faith—
(a) a statement referred to in section 12A, or
(b) a fair report or summary of such a statement.
In this section—
(cf 1991 Act, s 10A)
In this Division—
(a) the washing or cooling of food, or
(b) the making of ice for consumption, or for the preservation of unpackaged food,
whether or not the water is used for other purposes.
(cf 1991 Act, s 10K)
A certificate that is issued by the Minister, the Secretary or the Chief Health Officer and that states that, on a specified day, he or she gave a specified direction under this Division to a specified person is admissible in any legal proceedings as prima facie evidence of the fact or facts so stated.
(cf 1991 Act, s 10IA)
A person must not, by means of a reticulated water system, supply any other person with drinking water that is not fit for human consumption.
Maximum penalty—
(a) in the case of an individual—2,500 penalty units, or 12 months imprisonment, or both, or
(b) in the case of a corporation—10,000 penalty units.
(cf 1991 Act, s 10I)
The Minister may take such action, and by order give such directions, as the Minister considers necessary—
(a) to restrict or prevent the use of unsafe water, and
(b) to bring unsafe water to such a condition that it is no longer unsafe water.
Before giving a direction to a supplier of drinking water constituted under an Act, the Minister is to consult with the Minister responsible for the Act under which the supplier is constituted.
In this section,
(a) drinking water that the Minister suspects to be unfit for human consumption, or
(b) any other water that the Minister suspects is, or is likely to be, a risk to public health.
A person who—
(a) is subject to a direction under section 16, and
(b) has notice of the direction,
must not, without reasonable excuse, fail to comply with the direction.
Maximum penalty—
(a) in the case of an individual—2,500 penalty units or 12 months imprisonment, or both, and, in the case of a continuing offence, a further 500 penalty units for each day the offence continues, or
(b) in the case of a corporation—10,000 penalty units and, in the case of a continuing offence, a further 2,000 penalty units for each day the offence continues.
If a direction under section 16 is not complied with, the Minister may take the action referred to in the direction and—
(a) unless the person represents the Crown, may recover an amount equal to the cost of doing so as a debt owed by the person to the Crown, or
(b) if the person represents the Crown, may require the person to pay to the Secretary an amount equal to the cost of doing so.
(cf 1991 Act, s 10G)
The Secretary may, by notice in writing, direct a supplier of drinking water to carry out such tests on the drinking water that it has available for supply, or on any substance used in or produced by the treatment of any such water, as the Secretary considers appropriate.
Any such direction may specify that the test to be carried out on water is to be carried out in any one or more of the following ways—
(a) on the water in its raw state,
(b) while the water is undergoing treatment,
(c) after the water has been treated or partly treated.
(cf 1991 Act, s 10H)
The Secretary may, by notice in writing, direct a supplier of drinking water to produce to the Secretary such information as the Secretary may specify concerning—
(a) the quality of the drinking water that the supplier has available for supply, and
(b) the methods by which the water is treated.
The information to be produced may include (but is not limited to) the following—
(a) copies of relevant records of the supplier,
(b) the results of any tests required under this Division.
The information is to be provided in such form and manner as the Secretary may direct.
A supplier of drinking water to which a direction is given under section 18 or 19 must not, without reasonable excuse, fail to comply with the direction.
Maximum penalty—
(a) in the case of an individual—500 penalty units, or imprisonment for 6 months, or both, and, in the case of a continuing offence, a further 100 penalty units for each day the offence continues, or
(b) in the case of a corporation—2,000 penalty units and, in the case of a continuing offence, a further 400 penalty units for each day the offence continues.
If a direction under section 18 or 19 is not complied with, the Secretary may take the action referred to in the direction and—
(a) unless the supplier of drinking water represents the Crown, may recover an amount equal to the cost of doing so as a debt owed by the supplier to the Crown, or
(b) if the supplier represents the Crown, may require the supplier to pay to the Secretary an amount equal to the cost of doing so.
(cf 1991 Act, s 10E)
The Chief Health Officer may from time to time decide, in relation to any supplier of drinking water—
(a) whether or not it should issue a boil water advice for the drinking water it supplies or has available for supply, and
(b) whether or not it should provide additional information to the public in connection with any boil water advice it issues, and
(c) whether or not a boil water advice is to be retracted or corrected.
(cf 1991 Act, s 10B)
The Chief Health Officer may from time to time prepare advice, for the benefit of the public, concerning the safety of available drinking water (or drinking water available from a particular supplier of drinking water) and any possible risks to health involved in the consumption of that water.
The advice may include a boil water advice.
The Chief Health Officer is to provide the advice in writing to the relevant supplier of drinking water.
The supplier of drinking water to whom the advice is provided must issue the advice to the public in such form and manner as the Chief Health Officer may direct by notice in writing.
Maximum penalty—
(a) in the case of an individual—100 penalty units, or imprisonment for 6 months, or both, or
(b) in the case of a corporation—500 penalty units.
The Chief Health Officer may also issue the advice to the public as the Chief Health Officer sees fit.
(cf 1991 Act, s 10C)
The Chief Health Officer may, by notice in writing, direct a supplier of drinking water to retract or correct any information or advice issued, by or on behalf of the supplier, to the public in relation to the safety of the supplier’s drinking water if the Chief Health Officer is of the opinion that the information or advice is inaccurate, incomplete or otherwise misleading.
The Chief Health Officer may specify any one or more of the form, content and manner of the retraction or correction and of its publication.
A supplier of drinking water to which a direction is given under this section must not, without reasonable excuse, fail to comply with the direction.
Maximum penalty—
(a) in the case of an individual—500 penalty units and, in the case of a continuing offence, a further 100 penalty units for each day the offence continues, or
(b) in the case of a corporation—2,000 penalty units and, in the case of a continuing offence, a further 400 penalty units for each day the offence continues.
If a direction given to a supplier of drinking water is not complied with, the Chief Health Officer may take the action referred to in the direction and—
(a) unless the supplier of drinking water represents the Crown, may recover an amount equal to the cost of doing so as a debt owed by the person to the Crown, or
(b) if the supplier represents the Crown, may require the person to pay to the Secretary an amount equal to the cost of doing so.
(cf 1991 Act, s 10J)
The provision of any information or advice concerning drinking water by the Chief Health Officer exercising any function under this Division, or by a supplier of drinking water pursuant to a direction under this Division, in good faith for the purpose of executing this Act does not subject—
(a) the State, or
(b) a Minister of the Crown in right of New South Wales, or
(c) a member of staff of the Department, or
(d) a member of the NSW Health Service, or
(e) the supplier or any of its staff,
to any action, liability, claim or demand.
A reference in this section to the exercise by the Chief Health Officer of a function includes a reference to a decision by the Chief Health Officer not to exercise that function.
(cf 1991 Act, s 10M)
A supplier of drinking water must have a quality assurance program.
Maximum penalty—
(a) in the case of an individual—50 penalty units, or
(b) in the case of a corporation—250 penalty units.
A supplier of drinking water must comply with the supplier’s quality assurance program.
Maximum penalty—
(a) in the case of an individual—50 penalty units, or
(b) in the case of a corporation—250 penalty units.
A supplier of drinking water must provide a copy of the supplier’s quality assurance program to the Secretary.
Maximum penalty—
(a) in the case of an individual—25 penalty units, or
(b) in the case of a corporation—125 penalty units.
The regulations may make provision for or with respect to any of the following—
(a) the tests on water and other substances to be carried out by a supplier of drinking water pursuant to this Division,
(b) the records to be maintained by a supplier,
(c) matters to be included in a quality assurance program, including in relation to particular types of suppliers.
The Chief Health Officer may, by notice in writing, exempt a supplier of drinking water or class of suppliers from subsection (1) if the Chief Health Officer is satisfied that the supplier, or class of suppliers, is subject to other appropriate licensing or other regulatory requirements.
(cf 1991 Act, s 44)
In this Division—
(a) an
air-handling system , being a system designed for the purpose of directing air in a positive and controlled manner to and from specific enclosures by means of air-handling plant, ducts, plenums, air-distribution devices and automatic controls,(b) a
hot water system , being a system designed to heat and deliver water at a temperature of at least 60°C at each outlet point,(c) a
humidifying system , being a system for adding moisture to air in order to raise its humidity,(d) a
warm-water system , being a system designed to heat and deliver water at a temperature of less than 60°C at each outlet point,(e) a
cooling water system , being—(i) a device for lowering the temperature of water or other liquid by evaporative cooling, or
(ii) an evaporative condenser that incorporates a device containing a refrigerant or heat exchanger,
together with its associated equipment and pipe work,
(f) any other system for the treatment of air or water that is declared by the regulations to be a regulated system for the purposes of this Division.
This Division does not apply to or in respect of any regulated system installed on premises that is declared by the regulations to be exempt from the operation of this Division.
(cf 1991 Act, s 45)
If a regulated system is installed on any premises otherwise than in accordance with the prescribed installation requirements (including any design requirements of those requirements), the occupier of the premises at the time the system is installed is guilty of an offence.
Maximum penalty—
(a) in the case of an individual—200 penalty units, or
(b) in the case of a corporation—1,000 penalty units.
It is a defence to proceedings for an offence under subsection (1) if the occupier satisfies the court that the regulated system was installed by a duly qualified person.
If a duly qualified person—
(a) is engaged by the occupier of any premises to install a regulated system on the premises, and
(b) fails to ensure that the prescribed installation requirements are complied with,
that person is guilty of an offence.
Maximum penalty—
(a) in the case of an individual—100 penalty units for a first offence or 200 penalty units, or imprisonment for 12 months, or both, for a second or subsequent offence, or
(b) in the case of a corporation—500 penalty units for a first offence or 1,000 penalty units for a second or subsequent offence.
If a duly qualified person who is engaged by the occupier of any premises to install a regulated system on the premises engages a person other than an employee (a
Maximum penalty—
(a) in the case of an individual—100 penalty units for a first offence or 200 penalty units, or imprisonment for 12 months, or both, for a second or subsequent offence, or
(b) in the case of a corporation—500 penalty units for a first offence or 1,000 penalty units for a second or subsequent offence.
(cf 1991 Act, s 46)
If an occupier of any premises on which a regulated system is installed fails to ensure that the prescribed operating requirements are complied with, the occupier is guilty of an offence.
Maximum penalty—
(a) in the case of an individual—100 penalty units for a first offence or 200 penalty units, or imprisonment for 12 months, or both, for a second or subsequent offence, or
(b) in the case of a corporation—500 penalty units for a first offence or 1,000 penalty units for a second or subsequent offence.
It is a defence to proceedings for an offence under subsection (1) if the occupier satisfies the court that a duly qualified person was engaged to operate the regulated system.
If a duly qualified person—
(a) is engaged by the occupier of any premises to operate a regulated system, and
(b) fails to ensure that the prescribed operating requirements are complied with,
that person is guilty of an offence.
Maximum penalty—
(a) in the case of an individual—100 penalty units for a first offence or 200 penalty units, or imprisonment for 12 months, or both, for a second or subsequent offence, or
(b) in the case of a corporation—500 penalty units for a first offence or 1,000 penalty units for a second or subsequent offence.
If a duly qualified person who is engaged by the occupier of any premises to operate a regulated system on the premises engages a person other than an employee (a
Maximum penalty—
(a) in the case of an individual—100 penalty units for a first offence or 200 penalty units, or imprisonment for 12 months, or both, for a second or subsequent offence, or
(b) in the case of a corporation—500 penalty units for a first offence or 1,000 penalty units for a second or subsequent offence.
(cf 1991 Act, s 46)
If an occupier of any premises on which a regulated system is installed fails to ensure that the prescribed maintenance requirements are complied with, the occupier is guilty of an offence.
Maximum penalty—
(a) in the case of an individual—100 penalty units for a first offence or 200 penalty units, or imprisonment for 12 months, or both, for a second or subsequent offence, or
(b) in the case of a corporation—500 penalty units for a first offence or 1,000 penalty units for a second or subsequent offence.
It is a defence to proceedings for an offence under subsection (1) if the occupier satisfies the court that a duly qualified person was engaged to maintain the regulated system.
If a duly qualified person—
(a) is engaged by the occupier of any premises to maintain a regulated system, and
(b) fails to ensure that the prescribed maintenance requirements are complied with,
that person is guilty of an offence.
Maximum penalty—
(a) in the case of an individual—100 penalty units for a first offence or 200 penalty units, or imprisonment for 12 months, or both, for a second or subsequent offence, or
(b) in the case of a corporation—500 penalty units for a first offence or 1,000 penalty units for a second or subsequent offence.
If a duly qualified person who is engaged by the occupier of any premises to maintain a regulated system on the premises engages a person other than an employee (a
Maximum penalty—
(a) in the case of an individual—100 penalty units for a first offence or 200 penalty units, or imprisonment for 12 months, or both, for a second or subsequent offence, or
(b) in the case of a corporation—500 penalty units for a first offence or 1,000 penalty units for a second or subsequent offence.
(cf Microbial Control Reg, cl 15)
The occupier of premises at which a cooling water system or warm-water system is installed must cause notice of that fact to be given to the person prescribed by the regulations in the approved form and in the manner prescribed by the regulations—
(a) if the system is installed before he or she becomes the occupier, within one month after he or she becomes the occupier, or
(b) if the system is installed after he or she becomes the occupier, within one month after the system is installed.
Maximum penalty—10 penalty units.
(cf 1991 Act, s 48)
The Secretary may serve on a person found guilty of an offence under section 28(3), 29(3) or 30(3) a notice in writing—
(a) directing that the person undertake specified training, and
(b) prohibiting the person from carrying out specified functions relating to a regulated system until the training is completed.
A person who—
(a) is subject to a direction or prohibition under this section, and
(b) has notice of the direction or prohibition,
must not, without reasonable excuse, fail to comply with the direction or prohibition.
Maximum penalty—1,000 penalty units or imprisonment for 12 months, or both, and, in the case of a continuing offence, a further 100 penalty units for each day the offence continues.
(cf Microbial Control Reg, cl 14)
Any investigation of an outbreak of Legionnaires’ disease is to be carried out in accordance with any procedures approved by the Secretary for the purposes of this section.
An authorised officer investigating an occurrence of Legionnaires’ disease may, by order in writing served on the occupier of the premises, direct that a regulated system that is on the premises and is described in the order be maintained as directed by the order while it is in force.
Any such direction is a prescribed maintenance requirement for the purposes of this Division, and prevails to the extent of any inconsistency with any other prescribed maintenance requirement.
Such a prescribed maintenance requirement may be enforced by the giving of an improvement notice or prohibition order (see Division 5).
(cf Swimming Pools Reg, cl 4)
In this Division—
(a) a pool to which the public is admitted as an entitlement of membership of a club, or
(b) a pool provided at a workplace for the use of employees, or
(c) a pool provided at a hotel, motel or guest house or at holiday units, or similar facility, for the use of guests, or
(d) a pool provided at a school or hospital, or
(e) a pool situated at private residential premises, but only if that pool is used for commercial purposes, or
(f) any other pool or spa pool declared by the regulations to be a public swimming pool or spa pool,
but not including any pool or spa pool declared by the regulations not to be a public swimming pool or spa pool.
(a) holds more than 680 litres of water, and
(b) is used or intended to be used for human bathing, and
(c) has facilities for injecting jets of water or air into the water.
If an occupier of any premises at which a public swimming pool or spa pool is situated fails to ensure that the prescribed operating requirements are complied with, the occupier is guilty of an offence.
Maximum penalty—
(a) in the case of an individual—100 penalty units, or
(b) in the case of a corporation—500 penalty units.
The occupier of premises at which a public swimming pool or spa pool is situated must not allow a person to use the pool unless the occupier has caused notice of the pool’s existence to be given to the person prescribed by the regulations in the approved form and in the manner prescribed by the regulations.
Maximum penalty—10 penalty units.
(cf Swimming Pools Reg, cll 5, 6 and 9)
The occupier of premises at which a public swimming pool or spa pool is situated must not allow a person to use the pool unless the water in the pool is disinfected in such a way as to minimise the transmission of disease to the other users of the pool.
Maximum penalty—100 penalty units or imprisonment for 6 months, or both.
The occupier of premises at which a public swimming pool or spa pool is situated must ensure that the pool surrounds, including any toilets or change rooms, are kept clean and in such condition as to minimise the transmission of disease.
Maximum penalty—100 penalty units or imprisonment for 6 months, or both.
It is a defence to proceedings for an offence under this section if the defendant satisfies the court that the public swimming pool or spa pool was maintained in accordance with any standards prescribed by the regulations for the purposes of this section.
The occupier of premises at which there is a public swimming pool or spa pool the subject of a prohibition order must display a copy of the order in a conspicuous place at or near each entrance to the premises concerned.
Maximum penalty—10 penalty units.
(cf Skin Penetration Reg, cl 12)
The occupier of premises where skin penetration procedures are carried out must comply with the requirements prescribed by the regulations with respect to such premises.
Maximum penalty—
(a) in the case of an individual—100 penalty units, or
(b) in the case of a corporation—500 penalty units.
The occupier of any premises where skin penetration procedures are carried out must cause notice of the carrying out of skin penetration procedures at the premises to be given to the person prescribed by the regulations in the approved form and in the manner prescribed by the regulations.
Maximum penalty—10 penalty units.
The Secretary may serve on a person found guilty of an offence under this Act or the regulations in relation to the conduct of a skin penetration procedure at premises a notice—
(a) directing that the person undertake specified training, and
(b) prohibiting the carrying out of specified skin penetration procedures at the premises until the training is completed.
A person who—
(a) is subject to a direction or prohibition under this section, and
(b) has notice of the direction or prohibition,
must not, without reasonable excuse, fail to comply with the direction or prohibition.
Maximum penalty—1,000 penalty units or imprisonment for 12 months, or both.
Eyeball tattooing must not be carried out by any person other than—
(a) a medical practitioner, or
(b) a person, or person belonging to a class of persons, prescribed by the regulations for the purposes of this section.
Maximum penalty—100 penalty units or imprisonment for 6 months, or both.
In this Division—
(a) a prescribed installation requirement, prescribed maintenance requirement or prescribed operating requirement with respect to a regulated system under Division 2, or
(b) a prescribed operating requirement with respect to a public swimming pool or spa pool under Division 3, or
(c) a requirement prescribed with respect to premises at which skin penetration procedures are carried out under section 38.
An authorised officer may serve an improvement notice on the occupier of premises at which there is a regulated system or a public swimming pool or spa pool or premises at which a person carries out skin penetration procedures if the officer believes, on reasonable grounds, that—
(a) the premises, or a regulated system, public swimming pool or spa pool at those premises, does not comply with an enforceable requirement, or
(b) a regulated system, public swimming pool or spa pool at the premises is not being maintained or operated in accordance with an enforceable requirement.
An improvement notice is to take the form of a direction that requires a specified enforceable requirement to be complied with within a period of 72 hours (or such longer period as is specified in the notice) after the service of the notice on the occupier or person.
The notice may specify the actions to be taken to comply with the requirement.
An improvement notice is to state that it is issued under this section and to specify any provision of the regulations to which it relates.
If an improvement notice is complied with, an authorised officer is to note the date of compliance on the notice.
An authorised officer must give a copy of an improvement notice, noted in accordance with this section, to the person on whom the improvement notice was served if requested to do so by the person.
The Secretary, a local government authority or the General Manager of a council may take action under this section or section 45 if the occupier of premises at which there is a regulated system fails to comply with an improvement notice.
The Secretary, local government authority or General Manager may take the action referred to in the notice and—
(a) unless the occupier represents the Crown, may recover an amount equal to the cost of doing so as a debt owed by the person to the Crown or to the local government authority, as the case may be, or
(b) if the occupier represents the Crown, may require the occupier to pay to the Secretary or to the local government authority an amount equal to the cost of doing so.
An employee assigned, or a contractor engaged, by the Secretary or a local government authority to do any work on regulated premises under this section may, at any reasonable time, enter the premises and do the work or have it done.
The Secretary, a local government authority or a General Manager of a council may serve a prohibition order on the occupier of premises if the Secretary, authority or General Manager believes on reasonable grounds—
(a) that any of the circumstances in which an improvement notice may be issued exist and that—
(i) the occupier has not complied with an improvement notice within the time required under the notice, and
(ii) the issue of the prohibition order is necessary to prevent or mitigate a serious risk to public health, or
(b) that any of the circumstances in which an improvement notice may be issued exist and that the issue of the order (without first issuing an improvement notice) is urgently necessary to prevent or mitigate a serious risk to public health.
A prohibition order made against the occupier of premises at which there is a regulated system is to take the form of an order that the system must not be operated until the occupier has been given a clearance certificate stating that the system may be operated.
A prohibition order made against the occupier of premises at which there is a public swimming pool or spa pool is to take the form of an order that the swimming pool or spa pool must not be opened for use by the public until the occupier has been given a clearance certificate stating that the swimming pool or spa pool may be opened for use by the public.
A prohibition order made against the occupier of premises at which skin penetration procedures are carried out is to take the form of an order that such procedures must not be carried out at the premises until the occupier has been given a clearance certificate stating that skin penetration procedures may be carried out at the premises.
A prohibition order is to state that it is issued under this section and to specify any provision of the regulations to which it relates.
The Secretary, local government authority or General Manager who made the prohibition order must give a certificate of clearance if, after an inspection of the premises subject to the order, an authorised officer is satisfied that there is no serious danger to public health.
An occupier of premises who is subject to a prohibition order may at any time after the order has been served make a written request to the person who made the order to cause the premises to be inspected by an authorised officer.
If a request for inspection is made under this section and, through no fault of the person who made the request, the inspection does not take place within 2 working days of the request being received by the person who made the prohibition order, a certificate of clearance is taken to have been given under this Division to the person who made the request.
A person must not fail to comply with a prohibition order served on the person under this Part.
Maximum penalty (for an offence in respect of a public swimming pool or spa pool or premises where skin penetration procedures are carried out)—
(a) in the case of an individual—200 penalty units, or 12 months imprisonment, or both, and, in the case of a continuing offence, a further 100 penalty units for each day the offence continues, or
(b) in the case of a corporation—1,000 penalty units and, in the case of a continuing offence, a further 500 penalty units for each day the offence continues.
Maximum penalty (for an offence in respect of a regulated system)—
(a) in the case of an individual—500 penalty units, or 12 months imprisonment, or both, and, in the case of a continuing offence, a further 250 penalty units for each day the offence continues, or
(b) in the case of a corporation—2,500 penalty units and, in the case of a continuing offence, a further 1,250 penalty units for each day the offence continues.
An occupier of premises on whom a prohibition order has been served may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997 of a decision of the person who made the order to refuse to give a certificate of clearance under this Part to the occupier.
A person against whom a prohibition order is made who suffers loss as a result of the making of the order may apply to the person who made the order for compensation if the person against whom the order is made considers that the order was not made in good faith or that there were no grounds for the making of the order.
If the order was not made in good faith or there were no grounds for the making of the order, the Secretary, the local government authority or the council (if the order was issued by the General Manager of the council) is to pay such compensation to the applicant as is just and reasonable.
The person who made the prohibition order is to determine the compensation payable in accordance with subsection (2).
The person who made the prohibition order is to send written notification of its determination as to the payment of compensation under this section to each applicant for the payment of such compensation.
If an application for compensation under this section is not determined by the person who made the prohibition order within 28 days of receiving the application, the application is taken to have been refused.
An applicant for the payment of compensation under this section who is dissatisfied with a determination as to the refusal to pay compensation or as to the amount of compensation may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997 of the determination—
(a) within 28 days after the day on which notification of the determination was received, or
(b) in a case to which subsection (5) applies, within 28 days after the expiration of the 28-day period referred to in that subsection.
The regulations may provide for the establishment and maintenance of registers of regulated systems, public swimming pools and spa pools and premises where skin penetration procedures are carried out.
Without limiting subsection (1), the regulations may provide for the following—
(a) the information to be provided by occupiers of premises required to be registered,
(b) the matters to be included in a register,
(c) the form of the register.
(cf 1991 Act, s 3)
In this Part—
The Minister may, by order published on the NSW legislation website, amend or substitute Schedule 1 or 1A.
(cf 1991 Act, s 11)
A person who—
(a) has a Category 2, 3, 4 or 5 condition, and
(b) is in a public place,
must not fail to take reasonable precautions against spreading the condition.
Maximum penalty—100 penalty units or imprisonment for 6 months, or both.
It is a defence to proceedings for an offence under this section if the defendant satisfies the court that at the time of commission of the alleged offence, the defendant was not aware that he or she had the medical condition on which the prosecution is based.
(Repealed)
(cf 1991 Act, ss 14 and 15)
This section applies if a registered medical practitioner—
(a) attends a person in connection with a Category 1 condition, or
(b) while attending a person in connection with any medical condition, reasonably suspects that the person has a Category 2 condition, or
(c) as a result of conducting a post-mortem examination, reasonably suspects that a person’s cause of death involves a Category 1 or 2 condition.
In these circumstances, the registered medical practitioner must, as soon as practicable—
(a) record such particulars concerning the person’s medical condition as may be prescribed by the regulations, and
(b) send to the Secretary a certificate, in the approved form, of the particulars so recorded.
The registered medical practitioner—
(a) must keep any such particulars for the period prescribed by the regulations, and
(b) subject to section 56, must provide the Secretary with such further information concerning the person’s medical condition and transmission and risk factors as is available to the medical practitioner and as the Secretary may request.
Subject to section 56, any medical practitioner involved in the treatment of the person concerned must, at the request of the Secretary, provide the Secretary with—
(a) such information as is necessary to complete or correct a certificate that appears to be incomplete or incorrect, and
(b) such other information concerning the person’s medical condition and transmission and risk factors as is available to the medical practitioner.
A registered medical practitioner who attends a person as a patient at a hospital is not required to comply with subsection (2) if—
(a) the Category 1 or 2 condition concerned is a notifiable disease, and
(b) the medical practitioner believes on reasonable grounds that the Secretary has been notified of the disease in accordance with Division 2 of Part 5.
A registered medical practitioner must not, without reasonable excuse, fail to comply with the requirements of this section.
Maximum penalty—50 penalty units.
It is a defence to proceedings for an offence under this section if the defendant satisfies the court—
(a) that the record alleged not to have been made or kept, or
(b) that the certificate alleged not to have been sent,
had been made, kept or sent by another registered medical practitioner.
This section applies to a person engaged in an occupation prescribed by the regulations in the same way as it applies to a registered medical practitioner.
(cf 1991 Act, s 16)
This section applies if—
(a) a pathology test is carried out at the request of a registered medical practitioner or other person of a class prescribed by the regulations (
the requesting practitioner ) for the purpose of determining whether a person has a Category 3 condition, and(b) the test has a positive result.
In these circumstances, the person who certifies the test results (
Maximum penalty—50 penalty units.
If the certifier so requests, the requesting practitioner must provide the certifier, within 72 hours after the request is made, with sufficient information to enable the report to be completed.
Maximum penalty—50 penalty units.
Subject to section 56, any medical practitioner involved in the treatment of the person concerned must, at the request of the Secretary, provide the Secretary with—
(a) such information as is necessary to complete or correct a report that appears to be incomplete or incorrect, and
(b) such other information concerning the person’s medical condition and transmission and risk factors as is available to the medical practitioner.
A registered medical practitioner must not, without reasonable excuse, fail to comply with such a request.
Maximum penalty—50 penalty units.
(cf 1991 Act, s 17)
A registered medical practitioner must not include a patient’s name or address in a certificate under section 54 or in information provided under section 54 or 55 if the condition to which the certificate or information relates is a Category 5 condition.
(Repealed)
A person who, in the course of providing a service, including the conduct of a pathology test under section 55, acquires information that another person (
(a) has been, is to be or is required to be tested for a Category 5 condition, or
(b) has, or has had, a Category 5 condition,
must take all reasonable steps to prevent that information from being disclosed to any other person.
Subsection (3) does not apply to the disclosure of such information—
(a) with the consent of the person concerned, or
(b) to a person who is involved in the provision of care, treatment or counselling to the person concerned, or
(c) to the Secretary, if a person has reasonable grounds to suspect that failure to disclose the information would be likely to be a risk to public health, or
(d) in connection with the administration of this Act or the regulations, or
(e) for the purposes of any legal proceedings arising out of this Act or the regulations, or of any report of any such proceedings, or
(f) in accordance with a requirement imposed under the Ombudsman Act 1974, or
(f1) in accordance with the Mandatory Disease Testing Act 2021, or
(g) in the circumstances prescribed by the regulations.
The Health Records and Information Privacy Act 2002 limits the use and disclosure of health information.
A registered medical practitioner or other person must not, without reasonable excuse, fail to comply with the requirements of this section.
Maximum penalty—100 penalty units or imprisonment for 6 months, or both.
A registered medical practitioner or a person who provides a pathology service who is of the opinion that a patient is suffering from a medical condition or disease that may pose a significant risk to public health may notify the Secretary in writing in the approved form of particulars of the person and the condition or disease.
On receiving a notification under this section, the Secretary may ask the medical practitioner or person to provide further information as to the patient’s condition and risk factors.
A medical practitioner or person may provide information under this section despite any other Act or law.
This section does not apply to a medical condition or disease for which notification is otherwise provided under this Act.
The Secretary may apply to the District Court, in accordance with the rules of the District Court, for an order authorising the service on a medical practitioner of a notice requiring disclosure of a name and address that would otherwise be protected by this Division from disclosure.
An application under this section may be made in relation to a medical practitioner only if the Secretary has reasonable grounds for believing that—
(a) the person whose name and address are sought is suffering from a Category 5 condition, and
(b) identification of the person is necessary in order to safeguard the health of the public.
An application to the District Court under this section is to be heard and determined in the absence of the public but is to be otherwise heard and determined in accordance with the rules of the District Court.
The District Court—
(a) is to make an order applied for under this section if satisfied that there are reasonable grounds for making the order, or
(b) is to dismiss the application if not so satisfied.
(cf 1991 Act, s 37)
Proceedings for an offence under this Division are to be heard and determined in the absence of the public.
(cf 1991 Act, s 21)
In this Division—
(a) the Chief Health Officer, or
(b) a registered medical practitioner authorised by the Secretary to exercise the functions of an authorised medical practitioner under this Division.
(cf 1991 Act, s 22)
This section applies if the Secretary—
(a) knows, or suspects on reasonable grounds, that a person has a Category 4 or 5 condition, and
(b) considers that the person may, on that account, be a risk to public health, and
(c) considers that the nature of the condition warrants medical examination or testing relating to the condition.
In these circumstances, the Secretary may, by notice in writing, direct the person concerned to undergo, within a specified period, a specified kind of medical examination or test relating to the Category 4 or 5 condition—
(a) by a registered medical practitioner in general practice, or
(b) by a registered medical practitioner practising in a specified field.
If the person fails to comply with a direction under subsection (2), the Secretary may, by further notice in writing, direct the person to undergo the specified kind of medical examination or test, at a specified time and place, by a specified registered medical practitioner.
A person must not, without reasonable excuse, fail to comply with a direction under subsection (3).
Maximum penalty—50 penalty units.
A direction under subsection (2) or (3) must have due regard to the sensitivities of the person concerned in relation to the gender, ethnicity and cultural background of the registered medical practitioner by whom the examination is to be carried out.
The medical practitioner who carries out the examination or test must, as soon as practicable, provide the Secretary with a report of the examination or the results of the test.
Maximum penalty—50 penalty units.
(cf 1991 Act, s 23)
An authorised medical practitioner may make a public health order in respect of a person if satisfied, on reasonable grounds, that—
(a) the person has a Category 4 or 5 condition and because of the way the person behaves may, as a consequence of that condition, be a risk to public health, or
(b) the person—
(i) has been exposed to a contact order condition, and
(ii) is at risk of developing the contact order condition, and
(iii) because of the way the person behaves, may be a risk to public health.
A public health order—
(a) must be in writing, and
(b) must name the person subject to the order, and
(c) must state the grounds on which it is made, and
(d) must state that, unless sooner revoked, it expires—
(i) if the public health order is made in respect of a person referred to in subsection (1)(b)—at the end of the period specified opposite the relevant condition in Schedule 1A, or
(ii) in any other case—at the end of a specified period (not exceeding 28 days),
after it is served on the person subject to the order.
An order based on a Category 5 condition expires after 3 days unless an application is made for its confirmation (see section 63(2)).
A public health order may require the person subject to the order to do any one or more of the following—
(a) to refrain from specified conduct,
(b) to undergo specified treatment (whether at a specified place or otherwise),
(c) to undergo counselling by one or more specified persons or by one or more persons belonging to a specified class of persons,
(d) to submit to the supervision of one or more specified persons or of one or more persons belonging to a specified class of persons,
(e) to notify the Secretary of other persons with whom the person has been in contact within a specified period,
(f) to notify the Secretary if the person displays any specified signs or symptoms,
(g) to undergo a specified kind of medical examination or test relating to the condition for which the order was made.
A public health order may authorise the person subject to the order—
(a) to be detained at a specified place for the duration of the order, or
(b) in relation to an order that requires the person to undergo specified treatment at a specified place—to be detained at that place while undergoing the treatment.
(Repealed)
In deciding whether or not to make a public health order, the authorised medical practitioner must take into account—
(a) the principle that any restriction on the liberty of a person should be imposed only if it is the most effective way to prevent any risk to public health, and
(b) any matters prescribed by the regulations for the purposes of this section.
A public health order may include provisions ancillary to, or consequential on, the matters included in the order.
A public health order does not take effect until it is served personally on the person subject to the order.
The authorised medical practitioner making the public health order must give the person subject to the order—
(a) information about the duration of the order, and
(b) information about the person’s rights of review in relation to the order, and
(c) any other information prescribed by the regulations.
Failure to give the information specified in subsection (9) does not invalidate the order.
(cf 1991 Act, s 24)
Unless sooner revoked, a public health order based on a Category 4 or 5 condition expires at the end of the period specified in the order.
Despite subsection (1), a public health order based on a Category 5 condition or made in relation to a person referred to in section 62(1)(b) expires at the end of 3 business days after the person subject to the order is served with the order unless, before it expires, the person is served with a copy of an application for its confirmation under section 64.
(Repealed)
In this section,
(cf 1991 Act, s 25)
An application may be made to the Civil and Administrative Tribunal for confirmation of a public health order based on a Category 5 condition or made in relation to a person referred to in section 62(1)(b).
The confirmation of any such order is a
As soon as practicable after such an application is made, the Civil and Administrative Tribunal is to inquire into the circumstances surrounding the making of the public health order.
Following its inquiry, the Civil and Administrative Tribunal—
(a) may confirm the public health order, or
(b) may vary the order and confirm it as varied, or
(c) may revoke the order.
An inquiry under this section may not be adjourned for more than 7 days at a time.
For the purposes of an inquiry under this section, the Civil and Administrative Tribunal—
(a) may obtain the assistance of any person having medical or other qualifications relevant to the subject-matter of the inquiry, and
(b) may take into account any advice given by such a person.
The Civil and Administrative Tribunal’s power to
(a) to omit a requirement from the order, or
(b) to include in the order a requirement that could have been included in the order when it was made, or
(c) to substitute a requirement that could have been included in the order when it was made for any one or more of the requirements already included in the order.
(Repealed)
(cf 1991 Act, s 26)
At any time before the expiration of—
(a) a public health order based on a Category 4 condition, or
(b) a public health order based on a Category 5 condition and confirmed under section 64,
an authorised medical practitioner may apply to the Civil and Administrative Tribunal for continuation of the order.
An application may be made only if the applicant is satisfied that the person subject to the order would continue to be a risk to public health, as a consequence of a Category 4 or 5 condition, if not subject to a public health order.
If such an application is made and the person subject to the order notifies the Civil and Administrative Tribunal that continuation of the order is not opposed, the Tribunal may, without inquiry, continue the order for a period not exceeding 6 months.
Unless the order is continued under subsection (3), the Civil and Administrative Tribunal is to make such inquiries as it thinks fit in relation to the application and—
(a) may continue the order, with or without variation, for a period not exceeding 6 months from the date of the Tribunal’s decision, or
(b) may refuse to continue the order, or
(c) may revoke the order.
If the Civil and Administrative Tribunal refuses to continue the order, it will continue to have effect for the period specified in the order. If the Tribunal revokes the order, it will cease to have effect on revocation.
For the purposes of an inquiry under this section, the Civil and Administrative Tribunal—
(a) may obtain the assistance of any person having medical or other qualifications relevant to the subject-matter of the inquiry, and
(b) may take into account any advice given by such a person.
More than one application may be made under this section in respect of the same order.
(cf 1991 Act, s 41)
An application may be made to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997 of a public health order based on a Category 4 condition by the person the subject of the order.
The making of any such order is a
(cf 1991 Act, s 31)
If the authorised medical practitioner by whom a public health order has been made considers that the person subject to the order is no longer a risk to public health, the medical practitioner is to revoke the order and immediately give notice in writing of the revocation to the person and the Civil and Administrative Tribunal.
(cf 1991 Act, s 32)
If a public health order is revoked, a further public health order may not be made in respect of the same person unless the authorised medical practitioner proposing to make the further order is satisfied on reasonable grounds that, since the earlier order ceased to have effect, there has been a change in the person’s health or behaviour that increases the risk to public health.
This section does not apply to the revocation of a public health order made in relation to a person referred to in section 62(1)(b).
(cf 1991 Act, s 36)
Unless the Civil and Administrative Tribunal otherwise directs, a person subject to a public health order is entitled to inspect, and make copies of, the medical records kept by any other person in relation to the person.
If the medical records are not kept in a readable form, the person in charge of the records must provide a readable copy of them.
(cf 1991 Act, s 28)
A person who fails to comply with a requirement of a public health order is guilty of an offence.
Maximum penalty—100 penalty units or imprisonment for 6 months, or both.
Proceedings for an offence under this section may be commenced only by the Secretary or a police officer.
Proceedings for an offence under this section do not preclude action from being taken under section 73 for the contravention on which the proceedings are based.
(cf 1991 Act, s 29)
An authorised medical practitioner may issue a certificate to the effect that a named person is contravening a public health order.
A police officer may apply to an authorised warrants officer for an arrest warrant in relation to the person named in a certificate issued under subsection (1).
The authorised warrants officer may issue an arrest warrant in relation to the person so named if satisfied that there are reasonable grounds for doing so.
A warrant under this section is sufficient authority for any police officer to arrest the named person and to bring the named person before the Civil and Administrative Tribunal to be dealt with under section 73.
In this section,
(Repealed)
(cf 1991 Act, s 33)
A public health detainee or person arrested under section 71 who escapes from the place where he or she is detained may be arrested at any time—
(a) by the person for the time being in charge of that place, or
(b) by an authorised medical practitioner, or
(c) by a police officer, or
(d) by any person assisting a person referred to in paragraphs (a)–(c).
On being arrested, the escapee must be returned to the place from which he or she has escaped.
(cf 1991 Act, s 30)
If a person in respect of whom an authorised medical practitioner has issued a certificate under section 71(1) for an alleged contravention of a public health order is brought or otherwise appears before the Civil and Administrative Tribunal, the Tribunal is to conduct an inquiry into the allegation.
Following its inquiry, the Civil and Administrative Tribunal—
(a) may confirm the order, or
(b) may vary the order and confirm it as varied, or
(c) may caution the person and take no further action in the matter.
The Civil and Administrative Tribunal’s power to
(a) to omit a requirement from the order, or
(b) to include in the order a requirement that could have been included in the order when it was made, or
(c) to substitute a requirement that could have been included in the order when it was made for any one or more of the requirements already included in the order.
A person may be dealt with under this section for an alleged contravention of a public health order whether or not the person has been charged with an offence in relation to the same contravention.
The Registrar of Births, Deaths and Marriages must, immediately after registering the death of a person under the Births, Deaths and Marriages Registration Act 1995, provide the Secretary with notice of the death in the form and manner, and containing the particulars, determined by the Secretary from time to time.
A person who discloses any information obtained in connection with the administration or execution of this Act is guilty of an offence unless the disclosure is made—
(a) with the consent of the person from whom the information was obtained, or
(b) in connection with the administration or execution of this Act or the regulations, or
(c) for the purposes of any legal proceedings arising out of this Act or the regulations, or of any report of any such proceedings, or
(d) with the approval of the Chief Health Officer, or a person authorised by the Chief Health Officer to give the approval, to a person specified in the approval and the information consists of epidemiological data specified in the approval, or
(e) in other prescribed circumstances, or
(f) with other lawful excuse.
Maximum penalty—100 penalty units or imprisonment for 6 months, or both.
The Secretary and any person who, on behalf of the Secretary, holds information that has been provided to the Secretary under Part 4 or 5 cannot be compelled in any proceedings (other than proceedings under this Act) to produce or to give evidence in relation to that information.
However, the Secretary may consent to the disclosure of any such information for the purpose of any legal proceedings.
A notice or other document referred to in this Act or the regulations may be served on any person—
(a) in the case of a natural person—
(i) by delivering it to the person personally, or
(ii) by sending it by post to the address specified by the person for the giving or service of documents or, if no such address is specified, the residential or business address of the person last known to the person giving or serving the document, or
(iii) by sending it by facsimile transmission to the facsimile number of the person, or
(iv) by email to an email address specified by the person for the service of documents of that kind, or
(v) by any other method authorised by the regulations for the service of documents of that kind, or
(b) in the case of a body corporate—
(i) by leaving it with a person apparently of or above the age of 16 years at, or by sending it by post to, the head office, a registered office or a principal office of the body corporate or to an address specified by the body corporate for the giving or service of documents, or
(ii) by sending it by facsimile transmission to the facsimile number of the body corporate, or
(iii) by email to an email address specified by the body corporate for the service of documents of that kind, or
(iv) by any other method authorised by the regulations for the service of documents of that kind.
Nothing in this section affects the operation of any provision of a law or of the rules of a court authorising or requiring a document to be served on a person in any other manner.
Without limiting the requirements of Division 7.3 of the Government Sector Finance Act 2018, the Secretary must include the number of public health orders made under section 62 (including specifying the conditions to which those orders related and the number of orders made in relation to each of those conditions) during the annual reporting period for the Ministry of Health under that Act in the annual reporting information prepared for the Ministry of Health.
This section applies to civil proceedings for damages or other compensation brought against the State or any authority of the State.
Damages or other compensation is not payable in any such civil proceedings to which this section applies to the extent that the claim is based on alleged negligence, defamation or other breach of duty (including statutory duty) arising because of the exercise of, or the failure to exercise, in good faith any function under this Act.
This section does not affect any entitlement to compensation expressly conferred by this Act.
(cf 1991 Act, s 77)
A person who exercises a function under this Act in good faith and for the purpose of executing this Act is not subject personally to any action, liability, claim or demand based on the exercise of the function.
Without affecting the generality of subsection (1), a person is not subject personally to any legal proceedings, civil or criminal, for sending, giving or serving, in good faith, without negligence and for the purposes of this Act, a certificate, notice or other communication.
(cf 1991 Act, s 82)
The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed, or that is necessary or convenient to be prescribed, for carrying out or giving effect to this Act.
Section 100 requires a code of conduct prescribed by the regulations under that section to have undergone public consultation before the regulation is made.
In particular, the regulations may make provision for or with respect to any of the following—
(a) the prevention, mitigation and eradication of risks to public health,
(b) the places at which, and the conditions subject to which, a person may be detained under a public health order,
(c) regulating public health standards for public swimming pools and spa pools and premises where skin penetration procedures are carried out, including standards for cleanliness, hygiene and infection control,
(d) the closure of public swimming pools and spa pools for any period during which they are a risk to public health,
(e) the installation, operation, maintenance and inspection of a regulated system,
(f) the functions (including powers of entry and inspection) of local government authorities and authorised officers in relation to a regulated system,
(g) the directions that, in relation to a regulated system, may be given by a local government authority or an authorised officer during, or as a result of, an investigation of an occurrence of Legionnaires’ disease,
(h) compliance with directions referred to in paragraph (g),
(i) the provision of information by the owner or occupier of premises in relation to a regulated system which is installed on the premises,
(j) the provision and keeping of operation manuals, and maintenance manuals, for a regulated system,
(k) the keeping of records, and the making of reports, in relation to a regulated system,
(l) the provision of information by the owner or occupier of premises at which a public swimming pool or spa pool is situated,
(m) the provision of information by persons who carry out skin penetration procedures,
(n) the cases in which, the manner in which, and the conditions under which, cremations of human remains may take place,
(o) matters preliminary to, and consequential on, cremations of human remains,
(p) other public health matters relating to the disposal and handling of human remains,
(q) the registration of cremations and burials and (with any necessary modifications) the application to the registration of cremations of the provisions of any other Act, or of any law, in force in relation to the registration of a burial of the body of a deceased person,
(r) the embalming, interment, disposal and exhumation of the bodies of deceased persons,
(s) the preparation rooms, equipment and apparatus in mortuaries, crematories and cemeteries, and any other matter relating to mortuaries, crematories and cemeteries that is for the protection of the health of the public,
(t) the inspection of mortuaries, crematories and cemeteries and of premises that may reasonably be suspected of being mortuaries, crematories or cemeteries,
(u) the records to be kept in relation to mortuaries, crematories and cemeteries, and the inspection of records (including the making of copies or extracts from such records by or for authorised officers and the public), equipment and apparatus in mortuaries, crematories and cemeteries or premises that may reasonably be suspected of being mortuaries, crematories or cemeteries,
(v) the fees that may be charged for the cremation of human remains, for the preservation or disposal of the ashes and for related services,
(w) the payment of specified fees in relation to applications made, approvals given, improvement notices and prohibitions orders given, and other matters arising, under this Act (including in relation to the exercise of functions by local government authorities and authorised officers).
The regulations may provide for the Secretary to exempt, with or without conditions, a person or class of persons from a provision of the regulations about a matter specified in subsection (2)(n)–(v).
A regulation may apply, adopt or incorporate a publication as in force for the time being.
The regulations may create offences punishable by a penalty not exceeding 20 penalty units.
Sections 63(2A) and (2B), 64(7) and 71A are repealed on—
(a) 26 September 2021, or
(b) a later day, not later than 26 March 2022, prescribed by the regulations.
The Public Health Amendment (COVID-19) Regulation 2021, clause 99B prescribes 26 March 2022 for the repeal of the COVID-19 emergency measures provisions. See the Health Legislation (Miscellaneous) Amendment Act 2022 No 6, Sch 1.6[4] for the amendment to subsection (1) changing “COVID-19 emergency measures provisions” to “sections 63(2A) and (2B), 64(7) and 71A”.
Sections 112(2) and 118(6) and (7) are repealed on 30 September 2022.
The Minister will review the amendments made to section 62 and Division 1 of Part 5 by the Public Health Amendment (Review) Act 2017 to determine whether the policy objectives of those amendments remain valid and whether the terms of those provisions as amended remain appropriate for securing those objectives.
The review is to be undertaken as soon as possible after the period of 2 years from the commencement of the amendments to section 62.
A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 2 years from the commencement of the amendments to section 62.
(Section 51)
In this Schedule—
(a) the death of a child on the day of his or her birth or within the next succeeding 28 days, or
(b) a still-birth.
(a) is of at least 20 weeks’ gestation, or
(b) if it cannot be reliably established whether the period of gestation is more or less than 20 weeks, has a body mass of at least 400 grams at birth.
Acute rheumatic fever
Birth
Congenital malformation (as described in the International Statistical Classification of Diseases and Related Health Problems) in a child under the age of one year
Cystic fibrosis in a child under the age of one year
Hypothyroidism in a child under the age of one year
Perinatal death
Phenylketonuria in a child under the age of one year
Pregnancy with a child having a congenital malformation (as described in the International Statistical Classification of Diseases and Related Health Problems), cystic fibrosis, hypothyroidism, thalassaemia major or phenylketonuria
Rheumatic heart disease in a person under the age of 35 years
Sudden Infant Death Syndrome
Thalassaemia major in a child under the age of one year
Acute viral hepatitis
Adverse event following immunisation
Asbestosis
Avian influenza in humans
Creutzfeldt-Jakob disease (CJD) and variant Creutzfeldt-Jakob disease (vCJD)
Foodborne illness in two or more related cases
Gastroenteritis among people of any age in an institution (for example, among persons in educational or residential institutions)
Human Immunodeficiency Virus (HIV) Infection
Leprosy
Measles
Middle East respiratory syndrome coronavirus
Mpox
Pertussis (whooping cough)
Severe Acute Respiratory Syndrome
Smallpox
Syphilis
Tuberculosis
Viral haemorrhagic fevers
Anthrax
Arboviral infections
Avian influenza in humans
Botulism
Brucellosis
Buruli ulcer (
Campylobacter infection
Cancer
Carbapenemase-producing
Chancroid
Chlamydia
Cholera
Congenital malformation (as described in the International Statistical Classification of Diseases and Related Health Problems)
COVID-19 (also known as Novel Coronavirus 2019)
Creutzfeldt-Jakob disease (CJD) and variant Creutzfeldt-Jakob disease (vCJD)
Cryptosporidiosis
Cystic fibrosis
Diphtheria
Donovanosis
Gonorrhoea
Hendra virus infection
Hepatitis A
Hepatitis B
Hepatitis C
Hepatitis D (delta)
Hepatitis E
Human Immunodeficiency Virus (HIV) infection
Hypothyroidism in a child under the age of one year
Influenza
Invasive group A streptococcal disease (iGAS)
Invasive pneumococcal infection
Lead in blood (as defined by a blood lead level of or above 5µg/dL)
Leprosy
Leptospirosis
Listeriosis
Lymphogranuloma venereum
Lyssavirus
Malaria
Measles
Meningococcal infections
Middle East respiratory syndrome coronavirus
Mpox
Mumps
Paratyphoid
Pertussis (whooping cough)
Phenylketonuria
Plague
Poliomyelitis
Pregnancy with a child having a congenital malformation (as described in the International Statistical Classification of Diseases and Related Health Problems), cystic fibrosis, hypothyroidism, thalassaemia major or phenylketonuria
Psittacosis
Q fever
Rabies
Respiratory syncytial virus (RSV)
Rotavirus
Rubella
Salmonella infections
Severe Acute Respiratory Syndrome
Shiga toxin-producing and Vero toxin-producing
Shigellosis
Smallpox
Syphilis
Thalassaemia major
Tuberculosis
Tularaemia
Typhoid
Vibriosis
Viral haemorrhagic fevers
Yellow fever
Avian influenza in humans
Middle East respiratory syndrome coronavirus
Mpox
Severe Acute Respiratory Syndrome
Tuberculosis
Typhoid
Viral haemorrhagic fevers
Human Immunodeficiency Virus (HIV) infection
(Section 51)
Contact order conditions | Expiry periods |
Avian influenza in humans | 10 days |
Middle East respiratory syndrome coronavirus | 10 days |
Severe Acute Respiratory Syndrome | 10 days |
Typhoid | 14 days |
Viral haemorrhagic fevers | 21 days |
(Section 81)
Acute rheumatic fever
Acute viral hepatitis
Adverse event following immunisation
Avian influenza in humans
Botulism
Cancer
Cholera
Congenital malformation (as described in the International Statistical Classification of Diseases and Related Health Problems) in a child under the age of one year
COVID-19 (also known as Novel Coronavirus 2019)
Creutzfeldt-Jakob disease (CJD) and variant Creutzfeldt-Jakob disease (vCJD)
Cystic fibrosis in a child under the age of one year
Diphtheria
Foodborne illness in two or more related cases
Gastroenteritis among people of any age, in an institution (for example, among persons in educational or residential institutions)
Haemolytic Uraemic Syndrome
Hypothyroidism in a child under the age of one year
Legionnaires’ disease
Leprosy
Lyssavirus
Measles
Meningococcal disease
Middle East respiratory syndrome coronavirus
Mpox
Paratyphoid
Pertussis (whooping cough)
Phenylketonuria in a child under the age of one year
Plague
Poliomyelitis
Pregnancy with a child having a congenital malformation (as described in the International Statistical Classification of Diseases and Related Health Problems), cystic fibrosis, hypothyroidism, thalassaemia major or phenylketonuria
Rabies
Rheumatic heart disease in a person under the age of 35 years
Severe Acute Respiratory Syndrome
Smallpox
Syphilis
Tetanus
Thalassaemia major in a child under the age of one year
Tuberculosis
Typhoid
Viral haemorrhagic fevers
Yellow fever
(Section 85)
Diphtheria
Measles
Meningococcal type C
Mumps
Pertussis (whooping cough)
Poliomyelitis
Rubella
Tetanus
(Repealed)
The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts—
• this Act
• any Act that amends this Act
Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.
To the extent to which any such provision takes effect from a date that is earlier than the date of its publication on the NSW legislation website, the provision does not operate so as—
(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or
(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
In this Part—
(a) in relation to a provision of the 1991 Act that is repealed by this Act, the day on which the provision is repealed, or
(b) in relation to a provision of this Act, the day on which the provision commences.
Subject to this Schedule and the regulations, in any Act or instrument—
(a) a reference to a provision of the 1991 Act for which there is a corresponding provision in this Act extends to the corresponding provision of this Act, and
(b) a reference to any act, matter or thing referred to in a provision of the 1991 Act for which there is a corresponding provision in this Act extends to the corresponding act, matter or thing referred to in the corresponding provision of this Act.
Subject to this Schedule and the regulations—
(a) anything begun before the appointed day under a provision of the 1991 Act for which there is a corresponding provision in this Act may be continued and completed under the 1991 Act as if this Act had not been enacted, and
(b) subject to paragraph (a), anything done under a provision of the 1991 Act for which there is a corresponding provision in this Act (including anything arising under paragraph (a)) is taken to have been done under the corresponding provision of this Act.
The New South Wales Pap Test Register under the 1991 Act is taken to be the Pap Test Register under this Act.
Any delegation that was in force immediately before the appointed day under a provision of the 1991 Act for which there is a corresponding provision in this Act is taken to be a delegation in force under the corresponding provision of this Act.
A person who held office as an environmental health officer immediately before the commencement of section 126 is taken to have been appointed as an authorised officer under that section on that commencement.
A person who held office as an authorised medical practitioner immediately before the commencement of section 60 is taken to have been appointed as an authorised medical practitioner under that section on that commencement.
A reference in any Act or instrument to an environmental health officer appointed under the 1991 Act is taken to be a reference to an authorised officer appointed under this Act.
Section 12A extends to permit a statement to be made public about a risk that arose before the commencement of that section.
A certificate of authority issued to an authorised officer under section 108 and in force immediately before the amendment of that section by the Health Legislation (Miscellaneous) Amendment Act (No 2) 2022 is taken to be an identification card issued under section 127A until whichever of the following occurs first—
(a) the certificate of authority expires,
(b) the authorised officer is issued with an identification card under section 127A.
Public Health Act 2010 No 127. Assented to 7.12.2010. Date of commencement, secs 25 (1) and (3) and 35 excepted, 1.9.2012, sec 2 and 2012 (275) LW 29.6.2012; date of commencement of sec 25 (1) and (3), 1.9.2014, sec 2 and 2012 (275) LW 29.6.2012; date of commencement of sec 35, 1.3.2013, sec 2 and 2012 (275) LW 29.6.2012. This Act has been amended by this Act, sec 135(1) and (2) and as follows—
No 27 | Statute Law (Miscellaneous Provisions) Act 2011. Assented to 27.6.2011. Date of commencement of Sch 2.43, 8.7.2011, sec 2 (2). | |
No 70 | Children (Education and Care Services) Supplementary Provisions Act 2011. Assented to 28.11.2011. Date of commencement, 1.1.2012, sec 2 and 2011 (689) LW 23.12.2011. | |
(198) | Public Health Amendment (Scheduled Medical Conditions) Order 2012. LW 18.5.2012. Date of commencement, on publication on LW, cl 2. | |
(569) | Public Health Amendment (Scheduled Medical Conditions) Order (No 2) 2012. LW 23.11.2012. Date of commencement, on publication on LW, cl 2. | |
No 46 | Public Health Amendment (Vaccination of Children Attending Child Care Facilities) Act 2013. Assented to 25.6.2013. Date of commencement, 1.1.2014, sec 2. | |
(560) | Public Health Amendment (Middle East Respiratory Syndrome Coronavirus) Order 2013. LW 27.9.2013. Date of commencement, on publication on LW, cl 2. | |
No 95 | Civil and Administrative Legislation (Repeal and Amendment) Act 2013. Assented to 20.11.2013. Date of commencement, 1.1.2014, sec 2. | |
No 111 | Statute Law (Miscellaneous Provisions) Act (No 2) 2013. Assented to 3.12.2013. Date of commencement of Sch 1, 3.1.2014, sec 2 (1). | |
(268) | Public Health Amendment (HIV Infection) Order 2014. LW 23.5.2014. Date of commencement, on publication on LW, cl 2. | |
No 33 | Statute Law (Miscellaneous Provisions) Act 2014. Assented to 24.6.2014. Date of commencement of Sch 2.31, 4.7.2014, sec 2 (1). | |
(677) | Public Health Amendment (Viral Haemorrhagic Fevers) Order 2014. LW 21.10.2014. Date of commencement, on publication on LW, cl 2. | |
No 15 | Statute Law (Miscellaneous Provisions) Act 2015. Assented to 29.6.2015. Date of commencement of Sch 1.21, 8.7.2015, sec 2 (1). | |
(591) | Public Health Amendment (Scheduled Medical Conditions) Order 2015. LW 2.10.2015. Date of commencement, on publication on LW, cl 2. | |
No 38 | Health Legislation Amendment Act 2015. Assented to 2.11.2015. Date of commencement of Sch 4 [1]–[3] [7] and [8], assent, sec 2 (1); date of commencement of Sch 4 [4]–[6], 1.2.2016, sec 2 (2) (a) and 2016 (13), LW 15.1.2016. | |
(67) | Public Health Amendment (Blood Lead Notification Level) Order 2016. LW 12.2.2016. Date of commencement, 22.2.2016, cl 2. | |
(132) | Public Health Amendment (Blood Lead Notification Level) Order (No 2) 2016. LW 18.3.2016. Date of commencement, on publication on LW, cl 2. | |
No 27 | Statute Law (Miscellaneous Provisions) Act 2016. Assented to 7.6.2016. Date of commencement of Sch 2, 8.7.2016, sec 2 (1). | |
(129) | Public Health Amendment (Scheduled Medical Conditions) Order 2017. LW 7.4.2017. Date of commencement, on publication on LW, cl 2. | |
No 17 | Crown Land Legislation Amendment Act 2017. Assented to 17.5.2017. Date of commencement of Sch 4, 1.7.2018, sec 2 (1) and 2018 (225) LW 1.6.2018. | |
No 22 | Statute Law (Miscellaneous Provisions) Act 2017. Assented to 1.6.2017. Date of commencement of Sch 3, 7.7.2017, sec 2 (3). | |
No 25 | Electronic Transactions Legislation Amendment (Government Transactions) Act 2017. Assented to 27.6.2017. Date of commencement, assent, sec 2. | |
No 43 | Public Health Amendment (Review) Act 2017. Assented to 20.9.2017. Date of commencement of Sch 1 [1]–[3] [20]–[22] [49]–[55] [57] and [58], assent, sec 2 (1); date of commencement of Sch 1 [4] [5] [7]–[11] [14]–[19] [23]–[31] [33]–[37] [42]–[46] [56] and [59], 1.4.2018, sec 2 (2) and 2017 (643) LW 24.11.2017; date of commencement of Sch 1 [6] [12] and [13], 1.12.2017, sec 2 (2) and 2017 (643) LW 24.11.2017; date of commencement of Sch 1 [32], 28 days after assent, sec 2 (3); date of commencement of Sch 1 [38]–[41], 1.1.2018, sec 2 (2) and 2017 (643) LW 24.11.2017; date of commencement of Sch 1 [47] and [48], 1.5.2018, sec 2 (2) and 2018 (166) LW 27.4.2018. | |
No 50 | Health Practitioner Regulation Amendment Act 2017. Assented to 24.10.2017. Date of commencement of Sch 5.28, 8.1.2018, sec 2 and 2017 (666) LW 1.12.2017. | |
No 22 | Health Legislation Amendment Act (No 2) 2018. Assented to 30.5.2018. Date of commencement, assent, sec 2. | |
No 25 | Statute Law (Miscellaneous Provisions) Act 2018. Assented to 15.6.2018. Date of commencement of Sch 1.20, assent, Sch 1.20; date of commencement of Sch 5.34, 14 days after assent, sec 2 (1). | |
No 26 | Public Health Amendment (Safe Access to Reproductive Health Clinics) Act 2018. Assented to 15.6.2018. Date of commencement, assent, sec 2. | |
(644) | Public Health Amendment (Scheduled Medical Conditions and Notifiable Diseases) Order 2018. LW 16.11.2018. Date of commencement, on publication on LW, cl 2. | |
No 70 | Government Sector Finance Legislation (Repeal and Amendment) Act 2018. Assented to 22.11.2018. Date of commencement of Sch 4.88, 1.7.2023, sec 2(1) and 2023 (91) LW 2.3.2023. | |
(93) | Public Health Amendment (Scheduled Medical Conditions) Order 2019. LW 22.2.2019. Date of commencement, 28.2.2019, cl 2. | |
(17) | Public Health Amendment (Scheduled Medical Conditions and Notifiable Diseases) Order 2020. LW 21.1.2020. Date of commencement, on publication on LW, cl 2. | |
(107) | Public Health Amendment (Scheduled Medical Conditions and Notifiable Diseases) Order (No 2) 2020. LW 20.3.2020. Date of commencement, on publication on LW, cl 2. | |
No 1 | COVID-19 Legislation Amendment (Emergency Measures) Act 2020. Assented to 25.3.2020. Date of commencement, assent, sec 2. | |
No 5 | COVID-19 Legislation Amendment (Emergency Measures—Miscellaneous) Act 2020. Assented to 14.5.2020. Date of commencement of Sch 1.26, assent, sec 2(1). | |
(296) | Public Health Amendment (Scheduled Medical Conditions) Order 2020. LW 22.6.2020. Date of commencement, on publication on LW, cl 2. | |
No 30 | Statute Law (Miscellaneous Provisions) Act 2020. Assented to 27.10.2020. Date of commencement of amendments made by Sch 1.39, 11.12.2020, sec 2(3). | |
No 32 | Health Legislation (Miscellaneous Amendments) Act 2020. Assented to 27.10.2020. Date of commencement of Sch 6, assent, sec 2(1). | |
(749) | Public Health Amendment (Scheduled Medical Conditions) Order (No 2) 2020. LW 18.12.2020. Date of commencement, on publication on LW, cl 2. | |
No 4 | COVID-19 Legislation Amendment (Stronger Communities and Health) Act 2021. Assented to 24.3.2021. Date of commencement of Sch 1.23, assent, sec 2(1). | |
No 26 | Water Industry Competition Amendment Act 2021. Assented to 1.11.2021. Date of commencement of Sch 2.12, 1.3.2024, sec 2 and 2024 (43) LW 1.3.2024. | |
No 13 | Mandatory Disease Testing Act 2021. Assented to 17.6.2021. Date of commencement, 29.7.2022, sec 2 and 2022 (411) LW 29.7.2022. | |
No 6 | Health Legislation (Miscellaneous) Amendment Act 2022. Assented to 24.3.2022. Date of commencement, assent, sec 2. | |
(241) | Public Health Amendment (Scheduled Medical Conditions and Notifiable Diseases) Order 2022. LW 20.5.2022. Date of commencement, on publication on LW, sec 2. | |
(470) | Public Health Amendment (Scheduled Medical Conditions and Notifiable Diseases) Order (No 2) 2022. LW 19.8.2022. Date of commencement, 1.9.2022, sec 2. | |
No 41 | Health Legislation (Miscellaneous) Amendment Act (No 2) 2022. Assented to 4.10.2022. Date of commencement of Sch 8, assent, sec 2(b). | |
(442) | Public Health Amendment (Scheduled Medical Conditions and Notifiable Diseases) Order 2023. LW 11.8.2023. Date of commencement, 1.9.2023, sec 2. | |
No 37 | Health Legislation Amendment (Miscellaneous) Act 2023. Assented to 30.10.2023. Date of commencement, assent, sec 2. | |
No 22 | Health Legislation Amendment (Miscellaneous) Act 2024. Assented to 27.5.2024. Date of commencement, assent, sec 2. | |
(456) | Public Health Amendment (Scheduled Medical Conditions and Notifiable Diseases) Order (No 2) 2024. LW 3.9.2024. Date of commencement, on publication on LW, sec 2. | |
(497) | Public Health Amendment (Scheduled Medical Conditions and Notifiable Diseases) Order 2024. LW 30.9.2024. Date of commencement, on publication on LW, sec 2. | |
(19) | Public Health Amendment (Scheduled Medical Conditions and Notifiable Diseases) Order 2025. LW 31.1.2025. Date of commencement, on publication on LW, sec 2. |
This Act has been amended by sec 30C of the Interpretation Act 1987 No 15.
Sec 3 | Am 2017 No 43, Sch 1 [1]. |
Sec 4 | Am 2017 No 43, Sch 1 [2] [3]. |
Sec 5 | Am 2015 No 38, Sch 4 [2] [3]; 2017 No 17, Sch 4.80 [1]–[3]; 2017 No 43, Sch 1 [4]–[6]; 2017 No 50, Sch 5.28 [1] [2]; 2018 No 25, Sch 1.20 [1]; 2020 No 32, Sch 6[1]; 2021 No 26, Sch 2.12. |
Sec 5A | Ins 2017 No 17, Sch 4.80 [4]. |
Sec 7 | Am 2013 No 95, Sch 2.121 [1]. |
Sec 10A | Ins 2020 No 30, Sch 1.39. |
Part 2A (secs 12A, 12B) | Ins 2018 No 22, Sch 5 [1]. |
Sec 25 | Am 2017 No 43, Sch 1 [7]–[9]. |
Sec 26 | Am 2018 No 25, Sch 1.20 [2]; 2024 No 22, Sch 8[1]. |
Sec 28 | Am 2015 No 38, Sch 4 [4]. |
Sec 29 | Am 2015 No 38, Sch 4 [5]. |
Sec 30 | Am 2015 No 38, Sch 4 [6]. |
Sec 31 | Am 2018 No 25, Sch 1.20 [3]. |
Sec 34 | Am 2017 No 43, Sch 1 [10]–[12]. |
Sec 39A | Ins 2017 No 43, Sch 1 [13]. |
Sec 48 | Am 2013 No 95, Sch 2.121 [2]. |
Sec 49 | Am 2013 No 95, Sch 2.121 [3]. |
Sec 51 | Am 2017 No 43, Sch 1 [14] [15]. |
Sec 53 | Rep 2020 No 5, Sch 1.26[1]. |
Sec 54 | Am 2017 No 43, Sch 1 [16] [17]. |
Sec 55 | Am 2017 No 43, Sch 1 [18] [19]. |
Sec 56 | Am 2016 No 27, Sch 2.37; 2017 No 43, Sch 1 [20]–[22]; 2021 No 13, Sch 2.3. |
Sec 61 | Am 2017 No 43, Sch 1 [23]; 2020 No 32, Sch 6[2]–[6]. |
Sec 62 | Am 2017 No 43, Sch 1 [24]–[28]; 2020 No 5, Sch 1.26[2]; 2022 No 6, Sch 1.6[1] [2]. |
Sec 63 | Am 2010 No 127, sec 135(1); 2017 No 43, Sch 1 [29]; 2020 No 1, Sch 2.16[1]; 2021 No 4, Sch 1.23[1]. |
Sec 64 | Am 2010 No 127, sec 135(1); 2013 No 95, Sch 2.121 [4]–[7]; 2014 No 33, Sch 2.31; 2017 No 43, Sch 1 [30]; 2020 No 1, Sch 2.16[2]; 2021 No 4, Sch 1.23[1]. |
Sec 65 | Am 2013 No 95, Sch 2.121 [8]. |
Sec 66 | Am 2013 No 95, Sch 2.121 [9] [10]. |
Sec 67 | Am 2013 No 95, Sch 2.121 [11]. |
Sec 68 | Am 2017 No 43, Sch 1 [31]. |
Sec 69 | Am 2013 No 95, Sch 2.121 [12]. |
Sec 71 | Am 2013 No 95, Sch 2.121 [13]. |
Sec 71A | Ins 2020 No 1, Sch 2.16[3]. Am 2021 No 4, Sch 1.23[1]. Rep 2010 No 127, sec 135(1). |
Sec 73 | Am 2013 No 95, Sch 2.121 [14]. |
Sec 76 | Rep 2013 No 95, Sch 2.121 [15]. |
Sec 79 | Subst 2017 No 43, Sch 1 [32]. Am 2022 No 6, Sch 1.6[3]. |
Sec 83 | Am 2017 No 43, Sch 1 [33]. |
Sec 85 | Am 2011 No 70, Sch 2.12; 2013 No 46, Sch 1 [1]–[3]; 2017 No 43, Sch 1 [34]–[36]; 2023 No 37, Sch 7[1]. |
Sec 86 | Am 2017 No 43, Sch 1 [37]. |
Sec 87 | Subst 2013 No 46, Sch 1 [4]. Am 2017 No 43, Sch 1 [38]–[41]. |
Sec 88 | Am 2013 No 46, Sch 1 [5]; 2017 No 43, Sch 1 [42]–[45]. |
Part 6, heading | Am 2017 No 43, Sch 1 [46]. |
Part 6, Div 1 | Rep 2017 No 43, Sch 1 [47]. |
Sec 89 | Am 2013 No 111, Sch 1.8. Rep 2017 No 43, Sch 1 [47]. |
Part 6, Divs 2, 3 (secs 90–96) | Rep 2017 No 43, Sch 1 [47]. |
Part 6, Div 4, heading | Rep 2017 No 43, Sch 1 [48]. |
Sec 97 | Am 2017 No 43, Sch 1 [49] [50]. |
Sec 98 | Am 2015 No 15, Sch 1.21; 2017 No 43, Sch 1 [50]–[52]; 2020 No 5, Sch 1.26[3] [4]. |
Part 6A (secs 98A–98F) | Ins 2018 No 26, Sch 1. |
Part 7, Div 2, heading | Am 2020 No 32, Sch 6[7]. |
Sec 100 | Am 2017 No 50, Sch 5.28 [3]; 2020 No 32, Sch 6[8]–[10]; 2023 No 37, Sch 7[2]. |
Part 7, Div 3, heading | Am 2020 No 32, Sch 6[11]. |
Sec 101 | Am 2015 No 38, Sch 4 [7] [8]; 2017 No 50, Sch 5.28 [4] [5]; 2018 No 22, Sch 5 [2]; 2020 No 32, Sch 6[12]–[14]. |
Sec 102 | Am 2017 No 50, Sch 5.28 [6]; 2020 No 32, Sch 6[15] [16]. |
Sec 103 | Am 2017 No 50, Sch 5.28 [6]; 2020 No 32, Sch 6[17] [18]. |
Sec 106 | Am 2017 No 43, Sch 1 [53] [54]. |
Sec 108 | Am 2022 No 41, Sch 8[1] [2]. |
Sec 112 | Am 2010 No 127, sec 135(2); 2020 No 1, Sch 2.16[4]; 2021 No 4, Sch 1.23[1]. |
Sec 117 | Am 2020 No 32, Sch 6[19] [20]. |
Sec 118 | Subst 2017 No 22, Sch 3.61. Am 2010 No 127, sec 135(2); 2020 No 1, Sch 2.16[5]; 2021 No 4, Sch 1.23[1]. |
Sec 127A | Ins 2022 No 41, Sch 8[3]. |
Sec 129A | Ins 2020 No 5, Sch 1.26[5]. |
Sec 130A | Ins 2017 No 43, Sch 1 [55]. |
Sec 131 | Am 2017 No 25, Sch 1.28 [1] [2]. |
Sec 131A | Ins 2017 No 43, Sch 1 [56]. Subst 2018 No 70, Sch 4.88. |
Sec 132 | Am 2018 No 22, Sch 5 [3]. |
Sec 134 | Am 2017 No 43, Sch 1 [57]; 2024 No 22, Sch 8[2]. |
Sec 135 | Rep 1987 No 15, sec 30C. Ins 2021 No 4, Sch 1.23[2]. Am 2022 No 6, Sch 1.6[4] [5]. |
Sec 136 | Subst 2017 No 43, Sch 1 [58]. |
Sch 1 | Am 2012 (198), cl 3 (1)–(3); 2012 (569), cl 3; 2013 (560), cl 3 (1); 2014 (268), cl 3; 2014 (677), cl 3 (1) (2); 2015 (591), cl 3 (1); 2016 (67), cl 3; 2016 (132), cl 3; 2017 (129), cl 3; 2018 (644), cl 3 (1); 2019 (93), cl 3; 2020 (17), cl 3(1); 2020 (107), cl 3(1) (2); 2020 (296), cl 3(1) (2); 2020 (749), cl 3; 2022 (241), sec 3(1); 2022 (470), sec 3; 2023 (442), sec 3(1) (2); 2024 (456), Sch 1; 2024 (497), Sch 1[1] [2]; 2025 (19), Sch 1[1]–[3]. |
Sch 1A | Ins 2017 No 43, Sch 1 [59]. Am 2020 (17), cl 3(2); 2020 (107), cl 3(3) (4); 2023 (442), sec 3(3). |
Sch 2 | Am 2013 (560), cl 3 (2); 2015 (591), cl 3 (2); 2018 (644), cl 3 (2); 2020 (17), cl 3(3); 2020 (107), cl 3(5) (6); 2022 (241), sec 3(2); 2024 (497), Sch 1[3] [4]; 2025 (19), Sch 1[4]. |
Sch 3 | Am 2018 No 25, Sch 5.34. |
Sch 4 | Am 2011 No 27, Sch 2.43. Rep 1987 No 15, sec 30C. |
Sch 5 | Am 2018 No 22, Sch 5 [4]; 2022 No 41, Sch 8[4]. |
Sch 6 | Am 2013 No 46, Sch 1 [6]. |
The whole Act | Am 2015 No 38, Sch 4 [1] (“Director-General” and “Director-General’s” omitted wherever occurring, “Secretary” and “Secretary’s” inserted instead, respectively). |
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