Biosecurity (Listed Human Diseases) Determination 2026

Overview

The Biosecurity (Listed Human Diseases) Determination 2026 was enacted under the Biosecurity Act 2015 with the purpose of identifying human diseases that may pose significant risks to human health. The Act was designed to provide a comprehensive framework to manage biosecurity risks, including those posed by listed human diseases, entering or spreading within Australian territory. The determination lists specific diseases that meet the criteria of being communicable and capable of causing significant harm to human health, thereby enabling the implementation of necessary human biosecurity measures. The need to update the list arose from the evolving nature of disease threats, and the addition of Andes virus infection reflects recent concerns about its potential for human-to-human transmission and severe health impacts. The determination was made in consultation with relevant health officers and biosecurity directors, all of whom supported the update and inclusion of the new disease. The Biosecurity (Listed Human Diseases) Determination 2026, effective from the day after its registration, identifies nine diseases that necessitate specific biosecurity measures. This update follows the sunsetting of the previous determination on 1 October 2026 and includes Andes virus infection due to its recent documented human-to-human transmission and significant health risks. The inclusion of this disease is critical for enabling Australia to implement appropriate measures to mitigate the risks associated with its potential spread. This legislative instrument ensures that Australia's biosecurity framework remains adaptive to emerging health threats, thereby safeguarding public health and enabling timely responses to new disease risks.

Scope and Application

The Biosecurity (Listed Human Diseases) Determination 2026 is an instrument made under the Biosecurity Act 2015, providing a framework for the Australian Government to manage the risk of listed human diseases entering Australian territory. This determination applies to nine specific human diseases, including the newly added Andes virus infection, which meets the legislative criteria of being communicable and having the potential to cause significant harm to human health. The determination enables the implementation of human biosecurity measures under the Act, such as screening incoming passengers and imposing Human Biosecurity Control Orders, to manage the risk of these diseases. The Director-General of the Australian Centre for Disease Control consulted with relevant health officers before making this determination, which commenced on the day after its registration. The determination is a legislative instrument under the Legislation Act 2003, and its purpose is to ensure the current listed human diseases are included, while also adding Andes virus infection to allow for appropriate biosecurity measures to be applied in response to emerging health risks.

Key Provisions

The Biosecurity (Listed Human Diseases) Determination 2026 (LHD determination) identifies specific diseases that are classified as listed human diseases (section 4). These diseases include Andes virus infection, human coronavirus with pandemic potential, human influenza with pandemic potential, Middle East respiratory syndrome, plague, severe acute respiratory syndrome (SARS), smallpox, viral haemorrhagic fevers, and yellow fever. The classification of these diseases under the determination enables the implementation of specific biosecurity measures to manage the risks they pose to human health. These measures may include screening incoming passengers for signs and symptoms of these diseases and imposing Human Biosecurity Control Orders (subsection 42(1) of the Biosecurity Act 2015). The LHD determination imposes obligations on the Director-General of the Australian Centre for Disease Control (CDC) to classify human diseases as listed human diseases if they are considered to be communicable and capable of causing significant harm to human health (subsection 42(1) of the Biosecurity Act 2015). To do this, the Director-General must consult with the chief health officers of each state and territory, the Director of Biosecurity, and the Director of Human Biosecurity (subsection 42(2) of the Biosecurity Act 2015). The determination of a disease as listed requires a thorough assessment of its potential for human-to-human transmission and its impact on human health. Failure to comply with the requirements of the LHD determination may result in civil and criminal penalties under the Biosecurity Act 2015. For example, a person who contravenes a Human Biosecurity Control Order may be liable for a civil penalty of up to 500 penalty units (subsection 464(2) of the Biosecurity Act 2015). In addition, a person who knowingly contravenes a Human Biosecurity Control Order may be liable for a criminal penalty of up to 10,000 penalty units or imprisonment for up to five years, or both (subsection 464(3) of the Biosecurity Act 2015). The penalties for contravening the LHD determination are intended to deter non-compliance and to ensure that appropriate measures are taken to manage the risks posed by listed human diseases.