Public Health (Amendment) Act 1915 (NSW)

PUBLIC HEALTH (AMENDMENT)

ACT.

Act No. 'I, 1915.

eorge V, An A ct to m ake further provision for preserving the

No. 7.

public health , and in particular to regulate sanitation and to prevent the spread o f tu ber­ culosis, sm all-pox, plague, cholera, and other disca>es : to apply the provisions o f A cts relating to Public H ealth and Pure P'ood, and certain sanitary provisions enacted by or under other Acts to the Crown and the public departm ents ; for the above purposes to am end certain A cts ; and for purposes con­ sequent thereon or incidental thereto. [A s­ sented to, 17th February, 191,5.]

it (.■ns.i'tod iiy tbo King's M ost Exoellunt klaji'sty, Ijy and witli tlio advice and consent of the Legis­

lative Council and Ijcgislativo Assembly of Kew South M'alos in Idirlianiciit asseinbled, and by the authority of the same, as follovs : —

T reliminary.

hort titn, 1 . Tliis A ct may be cited as the “ Public H ealth (Amendment) Act, 1915.” 2 .

Public Health (Amendment) Act. 135

2 . Ill this Act, unless the context requires anotlier George V,

meaning’— No.'V.

“ Board ” means Board of Health.	ncinnu.ms.
“ Contact” means a person wlio, in tlie opinion of a medical officer of the lioard or of a medical officer of health, has heen exposed to the risk of infection from sniall-pox, plagne, or cholera.
“ Food” means article used for food or drink hy

man, and includes confectionery, and any

article that enters into or is used in the coin-

]iosition or pia'paration of food, and any spices,	'	■
flavouring suhstanccs, essences, and colouring matter so used.

“ Local authority ” means council of a municipality

■	or of a shire, and Avith respect to any police	"
district outside' a municipality or shire means such member of the police force as may he appointed hy the boai'd under the Puhlic IlY'alth Act, 1902, to be a local authority.

“ M unicipality” includes the city of Sydney.

“ Officer” includes any medical officer of health,

assistant medical officer of health, officer of the board or of a local authority, or any super- iutendent, iuspector, snb-iusjiector, or sergi'ant of police, or any constable specially authorised by the Inspector-General or by any superin­ tendent of police.

“ Schedule ” means Schedule to this Act.

“ Mliole-time medical officer of health ” means

medical officer of health, the Avhole of whoso

time is devoted to the duties of his office.

Local Government areas and the City o f Sydney.

'^ 3 . The board may require the council of a muni- loai-a may

cipality or shire, or its officers, to do any specilied

acts in relation to any of the matters mentioned in Part .spucifiedacts.

I of the Schedule which might laAvfully be done bv	'
sucli council or oflicers in virtue ot any poiver (except	' '
the power to make ordinances or by-laivs) conferred or of any duty imposed by any statute, regulations, ordinances, or by-laws, and may in such requiremeut specify the time Avithin which and the manner in

which such acts shall be done. If

130                  Public Health (Amendment) Act.

George V, If sacli council or officers fail to carry out any sucli

No. 7. requirement as aforesaid, tlie board may do or cause to l)c done the said acts, and for that purpose shall have the powers of sucli council or officers ; and thereupon the hoard may demand tlu' payment to it hy tlie council of any expenses incurred hy the hoard in doing tlie said acts, or causing them to he done. I f on such demand being made the council fails to make such payment, such expenses may he recovered hy the hoard from the council.

Regulations,	4 .	Any I’cgulations, ordinances, or by-laws which relate
&c., relating

to Part I ot	to any of the matters mentioned in Part I of the Schedule
of Scheilule
to be	shall, before being made, he submitted to the hoard.

submitted to Such regulations, ordinances, or by-laws shall not he

board.

made unless the hoard gives its approval of such of the

provisions thereof as relate to the matters aforesaid.

This section shall apply to regulations, ordinances, and by-laws made hy the Governor or hy the council of a municipality or shire.

under Local

Regulations 5 . Where the hoard is of opinion that any regulations

tlovernmcnt or ordinances made under Local Government Act, 1906,

Act which .ire or aiiv Act amending it, and which relate to matters inadequate."'̂ mentioned in Part I of the Schedule, are unsuitable or

inadequate for preserving the puhlic health, it may luake suggestions in writing to the Minister of the Crown who administers such Act as to any alterations of or additions to such regulations or ordinances, or as to any new regulations or ordinances, which the hoard considers desirable.

Hy iaws 6 . The hoard may require the council of the city of repeal by-laws relating to any of the matters mentioned in Part I of the Schedule. If such council neglects for three months after such requirement has been made to comply with its provisions, the Governor, on the recommendation of the hoard, may exercise such power.

Oor\"o4'tion̂	cxcrcise its power to make, amend, and
Act.

Factories and shops.

Regulations	7 .	IVhero the hoard is of opinion that any regulations
under Fac­

tories atid	which are in force under the Factories and Shops Act,
Sliops Aft.	1912, and which relate to any matters mentioned in
Schedule
Tart II.	Part II of the Schedule, are unsuitable or inadequate

for

Public Health (Amendment) Act. 137

for preserving the puhlic health, it shall report in writing G eorge V,

to the Minister of the Crown who administers such Act	No. 7.
as to any alterations or additions to such regulations, or as to any new regulations, which the hoard considers desirable.

Licensed premises.

8.        A sanitary inspector of the hoard may at any power of

time inspect the premises of any licensed puldican L A «- X Hi t Dc c t o r t o

defined in the Liij^uor Act, 1912, and if he linds that inspect

such premises or any privies, urinals, or sanitary con-

Ycniences or appliances used in connection therewith im Ur Lirpior

are in an insanitary condition, or that the provisions of

any Acts or ordinances in respect thereof have not heen

complied with, he may notify such puhlican thereof and

require him to take such steps as such inspector di'cms

necessary in order to jmt the premises in a sanitary

condition.

Any failure hy the puhlican to ]uit the premises in a Objection to

sanitary condition shall he brought to the notice of the licensing bench hy such inspector, and shall he considered hy them in any application for the renewal of the license as an objection to such renewal.

Tuberculosis.

9 . The three next following sections shall ajiplyApplication

only within such area as may be proclaimed hy the may amend or revoke any such pi’oclamation.

10 . (1) If any medical jiractitioner attending any Notification

person becomes aware that such person (hcrilnaftcr referred to as “ the patient ”) is suffering from pulmonary tuberculosis, he shall examine the sjuita of the ]iatient or cause them to hit examined, and, if he has reasonable grounds for believing that such sputa contaiu tiihcrcle bacilli, he shall forthwith give notice thereof in the pre­ scribed form.

Such notice shall, where the ])atient is in a district to which a whole-time medical otlicer of health has heen appointed, he addressed to such olTicer, and Avhere he is in any other district or place he addressed to the secretary to the hoard.

( 2)

138                  Public Health (Amendment) Act.

George V, (2) The hoard shall pay to any legally qualified

No. 7. medical practitioner giving a notice as aforesaid the sum

Fee to be	of two shillings and sixpence where the patient is seen by '
paid.
him in private practice. ‘

Powers of	(.3) The Chief Medical Officer of the Govern­
entry and

inspection. ment, or any medical officer of health, or assistant medical oflicer of health authorised in that behalf by the hoard or of the said Chief Medical Officer, may enter

̂ ' any house or place where the patient then is, and inspect

. him, and may require ihe medical practitioner attending , him to furnish particulars of the case.

Cleansing and (4) Any sucli officer may also cause any rooms, ;

disinfeotion. articles in the house or place where the

patient then is to he cleansed and disinfected to his .

satisfaction and, if necessary, may cause any such

articles to he destroyerl. The hoard shall give compen­

sation for any articles destroyed in the exercise of the;

, • above potvers. ■

Secrecy to be (5) The secretary to the board, and every '

observed.	medical officer of health, and every person acting in the )
administration of this section shall preserve and aid in jarcserving secrecy with regard to all matters which may come to his knowledge in his official capacity in such administration, and shall nCt coibrtltinicate such matters to any otlier person, except in the performance of his duties under this section. If any such secretary, officer, or person contravenes or fails to carry out the provisions '
of this subsection, he shall be liable to a penalty not
exceeding fifty jxmnds. ^

Application 1 1 . (1) Sections thii'ty, thirty-four, thirty-five, ̂

of S8 . 30, 34,	35, and 36 ofand thirty-six, and subs(>ctions one and two of section ̂
PuburHeaitii tliirty-sevcn of the Public Health Act, 1902, so far as , ûiosî they relate to infectious diseases, shall apply to 2)ulmonary ,

' tuberculosis. ,

Por the purpose of such application, a local authority ,

shall include the council of a shire, and a mayor shall ■

include the president of a shire.

Fees to be. (2) A district registrar or assistant district re- '

paid.	gistrar who forwards a notification of death under section	'■
thirty of the said Act, or under this section, shall be paid	̂
the sum of one shilling for everv such notification.	'

' ‘ (3)

Public Health (Amendment) Act. 139

(3) Where under the said Act or this section George V,

the report referred to in subsection one of section thirty- four of tlie said Act is made hy a whole-time medical officer of health to a local authority, it shall he the duty '̂ lukr s. ;54.

of such authority, and where the authority is a munici­ pal or shin' council, it shall he the duty of the mayor or president of such council, to exercise its or his powers under that section.

1 2 . Where a iicrson ceases to occupy any house o r in

jiart or a house m which any person has heen suiLering* i ŝbeen

Irom pulmonary tuherculosis, such house or part of a

house and all articles therein liable to retain infection

may be disinfected hy an officer, or such articles may be .

destroyed. The expense of cari'ying out the aliove pro-

yisions shall he borne hy the local authority.

13 . (1) The Goyernor, on the recommendation of ivisons'cm-

thc hoard, may make regulations for the preyention of the

spread of pulmonary tuherculosis and other contagious racking food

or infectious diseases, hy persons employed in preparing

or packing food for sale, and for the control and reifulation

of ])ersons so employed who are or may be suspected to be

suffering from any such disease, and may in such

regulations impose any penalty not exceeding tiye

pounds for any breach thereof.

( 2 ) A n y person so employed shall, at the request i;x.imination

of a medical officer of health or an assistant medical officer of health, submit himself to be examined by any such officei' or by a legally qualified medical practitioner.

(3) If on such examination it is found that the where person

other contagious or infectious diseases, and the said officer tuberculosis or medicabpractitioner so reports in writing, the board may, by notice sciwed on such jicrson, from time to iiiscases. time, impose conditions to be complied with by him while working in any employment connected with the prepara­ tion or packing of food for sale, or may prohibit him from working in any such emjiloymcnt. Such prohibition may be remoyed by the board, subject to compliaucc	said person is suffering from pulmonary tuberculosis, or necessary.
If such person fails to comply with any such condition, or Avorks in any such emjdoyment in contrayention of such prohibition, he shall be liable to a penalty not ' "
, j exceeding

140                  Public Health (Amendment) Act.

George V, exceeding five pounds, and to a further penalty not

No. 7.	exceeding one pound for every day during 'which he so works without complying with such condition or in contravention of such prohibition.
If any person knowingly employs any person to work in any such employment without complying with any such condition, or in contravention of sucli prohibition, he shall he liable to a penalty not exceeding five pounds, and to a further penalty not exceeding one pound for every day during which such person works without complying with such condition or in contraven­ tion of such prohibition.

Power of	(4) The Governor by proclamation in the
(iovernor to

extend	Gazette may extend the provisions of this section so far
provisions	as they relate to pulmonary tuherculosis to persons
to persons
employed	employed in any trade or calling. Such proclamation
in any trade	may he made so as to apply to a particular locality or a
or calling.	particular trade or calling, or may he otherwise limited in its application, and may he amended or repealed hy like proclamation.

Regulations	14 .	(1) The Governor, on the recommendation of
respecting

guests in	the hoard, may make regulations for the prevention of the
hotels and	spread of tuherculosis or other contagious or infectious
boarding­
houses.	diseases, by guests in hotels and hoarding-houses, and in particular for the disinfection of rooms, furniture, and bedding of guests suffering from the said disease, and may in such regulations impose any penalty not exceed­ ing ten ])Ounds for any breach thereof.

Entry an 1 (2) For tlic pui'pose of cnfoi’cing any such

inspectioji. I'egulatioii au oflicer may enter and inspect any hotel or boarding-house : Provided that where such officer is an officer of the board, or of a local authority, or is a member of the police force, he must have the authority in writing of the board, or of the local authority, or of the Insj)ector-General of Police, as the case may be. Such authority may he general, or may be limited to a specified place.

Infecled areas.

Declaration 15 . ( 1 ) O i l tlic appearance of any case of small­ pox, plague, or cholera, or of any eruptive fever or sickness which may reasonably be supposed to be any such disease, the Governor, on the recommendation of the

hoard,

Public Health (Amendment) Act. 141

hoard, may, hy proclamation in tlic Gazette, declare George V,

that any area therein described Avithin Avhicli such case

No. 7.

has appeared to he an inrected area, and may A’ary or

rescind any such proclamation.

(2) Wlicn any area has heen j^roclaimed as Powcis of tiie

aforesaid to he an infected area the hoard may take J'uch

steps and give such orders and directions as in its areas,

opinion are necessary to segregate or isolate the

inhahitants of or the persons Avho arc found u ithin

such ai’ea or any of them, and to disiideet any lionsc' or

premises therein, or any article therein likely in the

opinion of the hoard to convey infection, and to prevent

the ingress into or the ogress from such area of any

pi'rson, or to ])crmit such ingress or egress upon such

conditions as it may deem proper.

Any person who disobeys or in any manner con­ travenes any such order or direction of the hoard shall he liable to a penalty not exceeding ten pounds.

(3) ddie hoard, or the Chief IMedical Officer of isolation c.- thc Government, or any medical officer of health or “anUn" assistant medical officer of health authorised for that o* contacts, purpose hy the hoard or by the said Chief Medical

Ollicer, may isolate or remove to (quarantine any contact.

Insanilarij buildings.

16 .        Sections fifty-eight and fifty-nine of the Public

Health Ac*f, 1!)02, are rt'pealed, and the following section is substituted for them :—

5 8 . (!) AVhere a medical offict'r of health, orCortiticateof

assistant medical officer of health, or any officer of the

hoard, or of a local authority authorised in Avriting funding

in that behalf hy the hoard, certifies in Avi iting to “ 'c„p,°/ion,

the local authority that any house or other building

Avithin its area is unfit or unsafe for human hahita- ..juthority

tion or oceuqiation, such local authority may hy

an order in Avriting (hereinafter referred to as a untit.

“ closing order ”) di'clarc that such house or

building or such qiart thereof is not fit for huinan

habitation or occupation, and direct that such house

or building, or qiart thereof, shall not after a time

specified in such order he inhabited or occujiied hy

any jAcrson. Such

142                  Public Health (Amendment) Act.

George V, Such order may provide that such direction shall

No. I. not have effect if the specified repairs or alterations

. are made in the house or building so as to render it fit for human habitation or occupation to the satis­

. faction of the local authority or of the board.

Such order shall he served on the owner or occupier of the house or building, or if neither the occupier nor the owner can he found such service may be effected hy affixing copy of such order on

’ a conspicuous part of such house or building.

Power of	(2) For the purposes of this section any
medical

officers and	medical officer of health or assistant medical officer
assistants.	of health, and any such officer as aforesaid, shall have the powers of inspection conferred on a local authority by the last-preceding section.

Penalty for	(3) If any person lets or occupies or know­
letting or

occupying	ingly suffers to he occupied such house or building
house or	or such part thereof in contravention of an order
building
declared	made under this section, he shall be liable to a
unfit.	penalty not exceeding five pounds nor less than ten shillings for every day during which such house or building or such part thereof is let or occupied or knowingly suffered to he occupied in contraven­ tion of such order.
Amendment

of Public 1 7 . (1) Subsection one of section sixty of the same

Health Act,	Act is amended by inserting after “ local authority” the
(1) and (2).
1902, s. 60	words “ or the board.”

(2) Subsection two of the same section is

repealed, and the following substituted for i t :—

Local	(2) The local authority, or board, shall make te
authority

to make	every such tenant reasonable allowance on account
allowance to	of his expenses in removing ; if the tenant is dis­
tenant for
expneses.	satisfied with the amount of such allowance he may apply to a stipendiary or police magistrate, who shall determine such amount, and such deter­

. mination shall be final. The amount of such allowance shall be a civil debt owing by the owner of tlie house to the local authority or the hoard.

Amendment 18 . (1) Section sixty-one of the same Act is

of Public

Health Act, amended as follows:—

1902, s. 61. (a) Omit “ dwelling house ” insert “ house or building.”

.	(b)	After “ tlie house ”, wherever occurring, insert
“ or building.” . (c)

Public Health (Amendment) Act. 14g

(c) After “ human liabitation ”, wherever occurring, insert “ or occupation.” G eorge V,

(d) After “ local authority ”, wherever occurring, insert “ or the hoard.”

(c)

(2) Section sixtv-two of the same Act is Amendment

amended hy inserting after “ house”, wherever occurring, neaitu’let,

In subsection four omit “ or the magistrate or justices aforesaid.”

the words “ or building,” and by insertint;- after “ local

s. 62.

authority”, wherever occurring, the words “ or the

board.”

1 9 . Section sixty-three of the same Act is amended Amendment

by inserting after “ local authority ”, wherever occurring, ”	’
the words “ or the hoard ”, and hy omitting “ this Part	;
of the A c t” and substituting tliercfor the words “ section
sixty-one.”	'

The Crown and puhlic departments.

2 0 . The provisions of the Public Health Act, 1902, of the Pure Pood Act, 1908, and of this Act and any enactments

regulations thereunder, and such of the provisions of the *-'>

O'c Crown.

Local GovernuKuit Act, 1906, the Sydney Corporation Act, 1902, and any Act amending those Acts, and any regulations, ordinances, and by-laws made thereundt;r as relate to any matters mentioned in P;u't I of tlu' Schedule, and such of the provisions of the Pactories and Shops Act, 1912, and tlic regulations thereunder as relate to any matters mentioned in Part II of the Schedule shall apply to the Crown and to any department of Ills Majesty’s Government.

Supplemental.

2 1 . The Governor, on the recommendation of the The making

board, may make regulations for carrying out the pro­ visions of this Act, and in such regulations may impose any penalty not exceeding ten pounds for anŷ breach thereof.

2 2 . (1) Eegulations made in pursuance of this Act

shall he published in the Gazette, and thereupon shall, tions®”

if not disallowi'd as hereinafter provided, and if not

repugnant to this Act, have the force of law.

■ ( 2>

144                 Public Health ( Amendment) Act,

George V, (2) All such regulations on being gazetted shall

No. 7. be laid bel'ore both Houses of Parliament within fourteen days if Parliament is then sitting, and, if not sitting, then within fourteen days after the next meeting of Parliament. But if either House of the Parliament passes a resolution, of which notice has been given, at any time within fifteen sitting days after such regu­ lations have been laid before such House, disallowing any regulation, such regulation shall thereupon cease to have elFect.

Penalty for 2 3 . If any person contravenes or fails to comply

contravention

of Act. with any provision of this Act he shall, where no penalty is specifically provided, be liable to a penalty not exceeding ten pounds.

Penalty for	2 4 . i f any person obstructs or hinders any officer
obstruction

of officers.	in the exercise of any power conferred on him by this Act he shall be liable to a penalty not exceeding ten pounds.
Recovery of	2 5 . Penalties imposed hy this Act or any regula­ tions thereunder may be recovered in a summary way before a stipendiai’y or police magistrate or any two justices of the peace in petty sessions.
penalties.

SCHEDULE.

P akt I.

Municipalities and Shirfis.

L K(‘e]iiug premise.s free from offensive or unwliolesome matter, and the sup[)i'e.s...ion of nuisances arising therefrom.

2. Kegulatiiig the storage, sale, eonveyanee, di.sposal, and deli\eiy of meat, ilsh, oysters, and Crustacea'.

3. Regulating cattle intended for slaughter and regulating abattoirs and slaughter houses.

4. Sewerage and drainage.

5. The removal of nightsoil, fdtli, refuse, and garbage, and the

destruction of garbage.

G. The construction and situation of privios, the regulation of the degree of closet accommedation.

7. Public urinals, closets, and lavatories.

8. The sanitary requirements of public baths, clre.ssing sheds, and

dressing rooms.

9. The regulation and control of common ledgingdiou.ses and sea­ men’s boarding-houses,

10. Th(! establishment, control, maintenance, and regulation of

infants’ milk depots.

11. The regulation of the interment of the dead. PART

Public Health (Amendment) Act. 145

SCHEDULE-coM^iuMfic/. George V,

P art II. No. 7.

Factories and Shops.

1. Prescribing the cubical spaces and the amount of ventilation for each person, and to prevent overcrowding.

2. Pi-escribing the dimensions of dressing-rooms.

3. Kegulating closet accommodation.

4. Prescribing separate closet accommodation for the sexes.

5. Kegulating the supply of drinking water.

G. Regulating the furnishing of accommodation for washing.

7. The administration of the sanitary provisions of Division 3 of

the Factories and Shops Act, 1912, namely :—■

(a) Factories and shops to be kept clean (s. 20 (1)).

(b) Must not be overcrowded, and shall contain prescribed cubical space and ventilation (s. 20 (2)).

(c) Painting, varnishing, and washing periodically (s. 21).

(d) Bakehouses, as to sieeping-pilaces, prides, vater supply, and drain-pipes (s. 23).

(e) Meals taken in factories (s. 24).

(f) Ventilation in cases of sjjccial trades, and for the prevention

of humidity (s. 25).

(g) Sitting accommodation for females (s. 2G).

(h) Dressing-rooms for females (s. 27).

(i) Persons suffering from infectious diseases not to be employed

in factory or other building where wearing appaiel is made

or dealt with (s. 28).

(j)	Premises in connection with fa,ctory In which employees are lodged to bo open for inspection (s. 29).
(k)	Duties of authorities in case of neglect or default in rc'ation to any drain, rvater-closct, privy, ashpit, water-suj)ply, or nuisance (s. 30).

HIVER