The Public Health Acts Amendment Act 1884 (SA)

ANNO QUADRAGESIMO SEPTIMO ET QUADTEAGESTMO

OCTAVO

No. 316.

An Act to make furthcr provision for the Preservation of

the Public Health.

[Assented to, Novemhr rgth, 1884.1

HEMEAS it is desirable to amend '' The Public Health A c t s " Preamble.

W Be it thcrefore Enacted by the Governor of the Province of

South Australia, b y and with thb advice and consent of the Lcgis-

lative Council and House of Assembly of the said province, in this

present Parliament assembled, as follows:

1. This Act may be called " The Public Health Acts Amend- Shorttitle.

ment Act, 1884."

2, Upon proof, by the certificate in writing or by telegram from Isolating houses, &C.

the .officer of health of any town or sanitary district or of a duly qualified medical practitioner, thzt smallpox, cholera, plague, yellow fever, or other dangerous, contagious, or infectious disease, which may from time to time be declared by the Governor by Proclamation in thc Government Gazette to be a dangerous, contagious, or infectious disease within the meaning

of this Act, exists within a district, that there is danger

that the same may spread, and that to prevent the spreading thereof it is necessary to the public safety that power should be given to isolate any tenements, the Governor in Council may make an order empowering and directing such persons as thc Central Board of Health may, for that purpose, appoint to stop the traffic into or through any streets, thoroughfares, or places, whether public or private, which the Central Board of Health shall specifv,

and to limit or prevent ingress, egress, or regress of any persons to

316 or

47" & 48" VICTOKIK, No. 316.

The Public HeaZt?$ Acts Amendrncnt Act .1884.

or from any house or premises within the streets, thoroughfares, or places so specified for so long as shall seem to the Central Board of Health necessary for the public safety, and no proceedings at law or otherwise shall be taken or lie against any person for anything done in conformity with such order and direction.

Medical rttt~na~nt to

report existence of 3. The medical practitioner in attendancc at any house in which

disease to Local	there is any person suffering from any of the contagious or
Board.	infectious diseases before named or declared as aforesaid, so soon as
he shall have satisfied himself of the nature of such disease,
shall report the existence of such disease i11 such house to the Central Board of Health: Provided that in cases where the house is situate more than ten miles from Adelaide the medical practitioner s l d l also forward a copy of such certificate to the Local
Board of Health. Every medical practitioner shall be entitled to
receive from the Central Board a fee of Five Shillings for every report furnished to such Central Board pursuant to this section; and if any person fails to comply with the provisions of this section, he shall Fe deemed guilty of an offence under this Act, and shall, on conviction thcrcof, be liable to a penalty of not less than Two Pounds nor exceeding Fifty Pounds for every such offence.
Duty of Local Board

to OauSe 4, Where the officer of health or any legally qualified medical

premises to be	practitioner shall certify in writing to the Local Board of Health
cleansed aria dish-
fected.	that the cleansing and disinfecting of m y house, or part thereof, or of any articles thcrein likely to retain infection, would tend to prevent or check the spread of any of the said contagious or infec- tious diseases, the Board may cleanse and disinfect such house, or part thereof, and articles, and may for that purpose remove any such articles, and may recover the expenses incurred by t,hern in the execution of this section from such owner or occupier, in a summary manner, before two Justices of the Peace, or may, if the Board sees fit, themselves defray such expenses, or any part thereof.
disinfection.
Proviaion of means of	5, Any Local Board of Health may provide a proper ylacc, with all necessary apparatus and attendance, for the disinfection of clothing, bedding, or other articles which have become infected, and may cause any articles brought for disinfection to be disinfected free of charge.
Provisions of con-

veylrnco for infcctcd 6. Any Local Board of Health may provide and maintain a

persons. carriage or carriages suitable for the conveyance of persons suffer- ing under any such contagious or infectious disease, and may pay the expenses of conveying therein any person so suffering to a hospital or other place of destination.

Removal of infected 7, Where any suitable hospital or place for the reception of the

persons without proper sick is provided within any town or sanitary district, or within a

,odgh, h,spfid

by order of Justice.

reasonable distance thereof, any person who is suffering from any

such contagious or infectious disease, and is without proper lodging

or accommodation, or lodgcd in a room occupied by more than one

family,

47" & 48' VICTORIS, No. 316. p p

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The Pz~blic Health Acts Amendment Act.-1884. - - -. - - -

p -

-- - ----p --

family, or is on board any ship or vessel, may, on a certificate signed by any legally qualified medical practitioner, and with the consent of the superintending body of such hospital or place, be removed, by order- of any Justice i f the Pea,ce, to such hospital or

place at the cost of the 1 ,ocd Board of Hcnlth. And any person so

suffering who is lodgecl in any conimitii loclghlgd~oasc luny, with the

like conscnt and on s like c~~t i f ica t r, be so removed by thc order of

the Local Board of Hen!tli.

An order u d e r this section may bc addressed to such officer of the Local Board of Health as the Justice of the Peace or Board lnaking the samc inay think cxpcclicnt, and any person vho wilfdly disobeys or obstructs the execution of such order shall be liable to a pcnalty not exceeding Teu Pounds.

8. Any Local Board of I-Iealth may make regulations (to be ~ ~ ~ f "; , " t ~ ~ ~; , " ~ ~; 1

approved of by the Central Board of Health) for removing to any brought by ships.

ho$tal to mh&h such L01:a.l Hoard are entitled or yerni-itted to remove patients, and. for keeping in such hospitd so long as may be necessary, any persons brought within the town or sanitary district of such 1,ocal Board by any ship or lwat who arc infected with any such contagious or infectious disease, and such regulations may impose oil offentiers against the same reas;)nuble penaltics not cxccEding Forty Shilliilgs for each offence.

g. Any person who, knowing himself to be suffering from any such z;;$;t;; ;E;F

contagious or infectious disease, or, who having so suffered, is not nndthings.

sufficiently recovered to prevent all risk of infecting others-

F,xl)oses hiniself in any street or public place without taking

reasonable pi-ecau tions apins t sprtwling such disease; or

'Ihters any shop, wareroom, factory? theatre, inn, or l~laee of

common resort; or

Erltctrs any carriage or public conveyance, or any ship or

vessel, without previously notifying to the owner or person in

clx~rge the fact of such disease:

And any person who, having the charge of n person so suffering, causes or pertnits hill1 to do any of: tllc things in this scctioll abovc mentioned:

And any pcrson whosoever who knowingly gives, lends, pawns, sclls, transmits, or exposes, save in pursuance of this ,4ct, any bedding, clothing, rags, or other things which have bcrn

cxposcd to infection from any such ciisease:

Shall be liable to a penalty not excceciing Five Pounds; and any pcr- son who, knowing himself to be suffering from any such contagions or infectious disease, or having so suffered is not sufficiently recovered to prevent dl risk of infecting others, enters any public conveyance, without previously notifying to the owner or person in charge thereof the fact of such diseasr, shall, in addition, be liable to

Pay

47" & 48" VICTORIW, No. 316. -

l l e Public Health Acts Amendment A c t. 1 8 8 4.

pay such owner or person in charge the loss and expense incurred

by carrying into effect the provisions of this Act in rcspcct of

the disinfection of such conveyance.

Paaity on failing to 10. Every owner or driver of a public conveyancc having

p?ovide for disinfec -

t10n of public

conveyed any person suffering from any such contagious or

conveyance.

infectious disease, shall, inimediately after it has come to his knowledge, give notice to the Board of Health, and such owner or driver failing to do so shall be liable to a penalty not exceeding Five Pounds. Thc Board may disinfect such conveyance, and may recover the expenses incurred by them in the execution of this section from such owner in a summary nlarlner before two Justices of the Peacc, or may, if thc Board sees fit, themselves defray such expenses, or any part thereof.

Infection in schw~s. 11, Any perscn who knowingly or negli~ently sends a child to

school who has been suffering from any snch mfcctious or contagious

diseasc without s certificate from sdmc legally qualified ~ncdical

practitioner that such child is frce from disease and infection, and

unless the clothes of such child have bcrn properly disinfcctcd,

shall be liable to n penalty not exceeding Five Pounds.

Penalty on letting

hauaes in which	12. Any person who knowingly lets for hire any house, room, or contagious or infectious discctsc W ilhont having such h x s e, room, or part of a house, and all articles therein liaue to rctain infection, disinfected to thc satisfaction of a legally qmlificcl medical practi- tioner, as testified by a ccrtificate signed by him, sllall be liable to a
ideCted persons have	part of a house in which any person has hwa suffering from any such
been lodging.
penalty not exceeding Twenty Pounds.

For the purpose of t h i s scction, the keeper of an inn ~ 1 If(! d

deemed to let for hire part of n house to any person acli~litted as a

guest into such inn.

POW of ~ o c a l Board 13. Any L o t r d Roarcl of Hcalth may p~oviclc, for the use of the

of Health to provide

hospitals. inhabitants of tbeir tow1 or sanitary district, hospitals or temporary places for the reception of any ycrson snffcring from any such con- tagious or inlections clisease, tlnd for that purpose may-

Build such hospitals or 1)laces of rec,eption; or

Contract for the usc of nny snch hospital, or part of a hospital, or

place of reception; or

Enter into any agreement with any person liavina the managc-

men t of any hospital for the reccp tiou of thc sick inh a b' itnnts P

of their distxict, on paymenl; of such annual or other sum as

may be agreed on,

Two or more T ~ c a l Boards of	Health may combine i n providing
a hospital. in common.

Hospitals receiving

aid frcm State to make 14. Thc managers of any hospital rccciving aid from the State

arrangemeotswith may be required, by an order from the Central Board of Health,

Local Board. to

47" & 48" VICTORIX, No. 316.

The Public I3ealth Acts ,-lrnendment Act.-1884.

to enter into reasonable arrangements with thc Local Board of Health, or with any curnbined Local Boards of Health, for the reception into such hospital of any person suffering from any such contagious or infectious discase; and of the reasonableness of such

arrangements the Central Board shall be judge and shall decide

finally.

15. Any expenses incurred by a, Local Roard of Health in main-	maintenance of
Recovery of costa of

taining s patient in a hospital, or in a temporary place for the	patient in hospital.
r&xpt~on of the sick (whether or riot belonging to such Board), shall
6c deemed to be a debt Ale from such patient to the Local Board of
Health, and inap be recovcrcd from him at any time within six months after his discharge from such hospital or place of rewption, or from his estate in the event of his dying in such hospital or place.

16. Whenever, under the powers conferred by the thirty-sixth	Proceedings where
Local Board is in

section of The Public Health Act," the Cciitral Board of Health default.

have, in writing, directed any 1,ocal Board of Healt,h to perform any act which, in the opinion of such Central Board, shall be desirable for suppressing or preventing the spread of any such contagious or infec- tious discase, and the act be not performed within the time specified irl such written direction, the Central Board, in lieu of applying to a Judge of the Suprcme Court; may appoint som: person to' perform such act, and shall by order direct that the expenses of performing the same, together with a reasonable rernnneration to the person appointed f ~ ~ ~ s u ~ c r i n t e n d i n ~ such performance, and amo~nt in -~ to a sum specified in the order, together with the costs of thc procecdiags, shall bc paid by the Local Board in default; and any order made for the payment of such expenses and costs may be removed into the Supreme Court, and made an order of thc said Court 011 the applica- tion of the Central Board of Health, and may be enforced i11 like manncr as other orders of the Court for the payment of moncy.

17. I n any general regulations which the Central Board of Health Power to impose

may make undcr the seventh section of " The Public IIealth Sct, ofgenera~,,~ations

penalties for breach

1576," they may impose on offenders against the same such reasorxtble penalties as they think fit, not exceeding the sum of Five Pounds for cach offence; and, in the case of a continuing offence, a further penalty not exceeding Forty Shillings for each day after written notice of thc ofi'cncc from the said Central Board, or any inspector appointed by them; but all such general regulations imposing any penalty shall be so framed as to allow of the infliction and recovery of any sum less than the amount of the full penalty.

18. The power of making regulations conferred upon the Central P ower to make regu-

Board of Health in the said seventh section of " The Public Health to enable the Central

lations extended so as

Act, 1876," silall estcnd to enable them to make regulations for the

dairies, ~ ~ J a t e

inspection, lighting, ventilation, cleansing, drainage, and water

supply

47" & 48" VICTORIK, No. 316. -- -

The Public Ilealth Acts Arnendtlzent Act.-18 84.

-

supply of dairies and cowsheds; for thc health of the cattle therein;

for the cleanliness of milk shops or milk stores, and of milk vessels; for the protcction of milk against contamination; for preventing tile milk of a diseased cow from being used for human food, mixed with other milk, or used, without being boiled, for the food of swine or other animals; and for the exclusion of pcrsons suffering, or exposed to infection, from any such contagiour; or infectious disease from milking cows, handling milk vessels, or taking any part in the business of a cowkeeper, dairyman, or vendor of milk.

Confirmation and 19. All such general regolations as in the last prcccding section

publication of general

regulations. ;	are mentioned, made by the Central Board of Health, shall bc signed
by the President; and any such general regulation may be altcred or repealed by a subsequ& generd regulation so made as aforesaid: Provided that all such general regulations dmll be in accordance with the law and with the provisions of this Act and the Acts incor- porated herewith, and shall be approved b y the Governor in Council and aftterwards publis'hecl with such approvd in the Government Gnzette, a copy whereof containing such regulations shall be evidence of the same and of such approval.
Municipal Councils

map appoint five of 20. Every Municipal Council may annuallv appoint, out of their

own number, SO Inmy persons, not exceeding fivc, as they inay think

thew	to be
Local. Board uf

IIealth.	fit, to be the Local Board of ITealth for the ensuing year, anit may fill up any vacancies in such Hoard occurring during the year; anh after such avuointment such Board shall nerforrn and suffer all the duties and 'fiabilities, and enjoy ill1 tt;r rights and immunities, imposed or conferred upon t h ~ T.ocal Board of iJealth by ';Thr Public Health Act," " The Public IIealth Act, 1876," or this Act; and, in holding their rncetings, transacting their business, and kccping their furlds and accounts, shall act independently of and apart from the rest of the Municipal Council, but shall nevertheless abide by any directions which shall from time to time
be received by such Local Board of Hcalth from such Municipal
Council.
Proceedings before

Justices may be in 21. The Central Board of IIealth, or any Local Board of

name of secretary or

Health, may prefer 511y complaint or inforrnation or institute any

inspector.

proceeding bcforc a Justice or Justices of the Pcaw in the name of thc secretary or inspector of such Board, oncl the indemnity provided by the twenty-fourth section of a The Public Health Act, 1876," in favor of the prcsident and chi~irman shall apply to such secretary or inspector in respect of his name being so used, and no complaint or information shall be preferred or any proceedings instituted for any offence against this A4ct, unless under the authority of the Central Board of Health or any Local Board of Health.

22. " The Public Health Act," c c 'l'he Public Health Act,

1876," and all Acts amending the same, or either of them, shall be incorporated and read with this Act, and the sztid .Acts and this Act

may

47' & 48" VICTOKIW, No.' 316.

The Public Health Acts Amendme?zt A c t. 1 8 8 4.

*

may be cited and referred to in any regulations, proclamations, or

proceedings m " The Public Health Acts."

In the name and on behalf of Her Mdjesty, I hereby assent to

this Bill.

I

WILLIAM C. F. ROBIEXON, Governor.

P-

Adelaide : By authority, E. SPILLELL, Government Printer, North-terrace.