National Health Security (National Notifiable Disease List) Amendment (Andes virus infection) Instrument 2026

Administered by Department of Health, Disability and Ageing

Legislation au F2026L00611 In force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

National Health Security Act 2007

 

National Health Security (National Notifiable Disease List) Amendment (Andes virus infection) Instrument 2026

Authority

The National Health Security Act 2007 (the Act) provides for a national system of public health surveillance.

 

Subsection 11(1) of the Act provides that the Minister must, by legislative instrument, establish a list of diseases, to be called the National Notifiable Disease List (NNDL). 

 

Subsection 12(1) of the Act provides that if the Director-General of the Australian Centre for Disease Control (CDC) considers that an outbreak of a disease would be a public health risk, then the Director-General of the CDC may vary the NNDL by temporarily adding a disease.

 

Under subsection 12(4) of the Act, such a variation ceases to have effect at the end of a period of 6 months after the variation commences unless the Minister has made a determination under subsection 12(6) of the Act.  

Purpose

The purpose of the National Health Security (National Notifiable Disease List) Amendment (Andes virus infection) Instrument 2026 (the Amending Instrument) is to amend the National Health Security (National Notifiable Disease List) Instrument 2018 to temporarily add ‘Andes virus infection’ to the NNDL.

 

Background

Hantaviruses are a family of viruses that cause serious and often fatal viral zoonotic disease in humans. These infections have been detected in all inhabited continents except Australia.  On 2 May 2026, a cluster of severe respiratory illness onboard a cruise ship in the Atlantic Ocean was reported to the World Health Organization (WHO). The virus was identified as Andes virus (ANDV). Typically, hantaviruses are transmitted to people from rodents, however ANDV has been the only hantavirus to date determined to cause secondary, human-to-human transmission. 

The introduction of ANDV into Australia, including the potential for severe illness in people infected, and possible human-to-human transmission associated with ANDV, poses a public health risk to Australia.  Andes virus infection was made a Listed Human Disease under the Biosecurity (Listed Human Diseases) Determination 2026 commencing on 12 May 2026.

Inclusion of ‘Andes virus infection’ on the NNDL will enable notification of cases (and provision of relevant case information) from Andes virus in Australian states and territories to the Australian CDC to inform and support a coordinated response through accurate, timely data reporting and analysis and dissemination through established governance structures.

Adding the disease to the NNDL enables the sharing of information about cases of the disease between States and Territories and the Commonwealth, the WHO and relevant member states. Where information that is shared includes personal information, the Act provides for the use, disclosure and recording of the personal information to be restricted. Notification of cases to public health authorities will ensure that information is passed on quickly so that response measures can be put in place rapidly.

Consultation

 

The Director-General of the CDC has consulted with the Australian Health Protection Committee (AHPC) and Communicable Diseases Network Australia (CDNA) in relation to the addition of Andes virus infection to the NNDL.

This Amending Instrument commences the day after it is registered.

This Amending Instrument is a legislative instrument for the purposes of the Legislation Act 2003.


ATTACHMENT

 

Details of the Instrument

 1    Name of Instrument

This section states that the Amending Instrument is the National Health Security (National Notifiable Disease List) Amendment (Andes virus infection) Instrument 2026.

 2    Commencement

This section provides for the Amending Instrument to commence the day after it is registered.

 3    Authority

This section provides that subsection 12(1) of the National Health Security Act 2007 provides authority for the making of this Amending Instrument.

 4   Schedule

This section provides for the amendment of the instrument listed in Schedule 1.

SCHEDULE 1 – AMENDMENTS

National Health Security (National Notifiable Disease List) Instrument 2018

Item 1

Item 1 inserts a new item 1A ‘Andes virus infection’ before item 1 in the table contained in subsection 6(1) of the National Health Security (National Notifiable Disease List) Instrument 2018.

 

 

Item 2

Item 2 adds a Note at the end of subsection 6(1), which explains that pursuant to subsection 12(4) of the Act, the temporary addition of Andes virus infection to the National Notifiable Disease List (NNDL) ceases to have effect at the end of a period of 6 months after the variation commences unless the Minister has made a determination under subsection 12(6) of the Act.   Under subsection 12(6) of the Act, the Minister may determine that the variation continues to have effect if certain requirements are met under subsection 12(6) of the Act.

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

National Health Security (National Notifiable Disease List) Amendment (Andes virus infection) Instrument 2026

 

The National Health Security (National Notifiable Disease List) Amendment (Andes virus infection) Instrument 2026 (the Amending Instrument) is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the Amending Instrument

The Amending Instrument temporarily amends the National Health Security (National Notifiable Disease List) Instrument 2018 (the Principal Instrument) to improve the national public health surveillance of ‘Andes virus infection’.

The temporary amendment adds ‘Andes virus infection’ to the Principal Instrument, making this disease nationally notifiable until the temporary amendment ceases to have effect at the end of the period of 6 months after the Amending Instrument commences.

 

Adding ‘Andes virus infection’ to the National Notifiable Disease List enables the sharing of information about cases of the disease between States and Territories and the Commonwealth, the World Health Organization and relevant member states.  Where information that is shared includes personal information, the National Health Security Act 2007 (the Act) provides for the use, disclosure and recording of the personal information to be restricted.

Personal information may include name, date of birth, sex at birth, gender at diagnosis, Indigenous status, postcode, clinical information pertaining to the diagnosis, and contact information. In these circumstances, personal information is protected information under section 18 of the Act and consequently, can only be disclosed or otherwise used in a manner that is authorised under the Act.  Section 19 of the Act contains an authorisation to use information (including personal information) for permissible purposes.  Permissible purposes is defined in section 8 of the Act to include (amongst other things):

  • giving effect to the International Health Regulations;
  • preventing, or reducing the possibility of, a listed human disease entering, or emerging, establishing itself or spreading in, Australia;
  • preventing a listed human disease from spreading to another country.

Section 19 of the Act also contains safeguards as to who can be authorised to make a record of, disclose or otherwise use protected information and in what circumstances (namely the performance of a function, or duty or the exercise of a power under law and for a permissible purpose).

Human rights implications

The Amending Instrument engages the following human rights:

  • the right to privacy contained in Article 17 of the International Covenant on Civil and Political Rights, related to protection from arbitrary or unlawful interference with privacy; and
  • the right to the enjoyment of the highest attainable standard of physical and mental health under Article 12 of the International Covenant on Economic, Social and Cultural Rights.

The Amending Instrument is consistent with the right to privacy, as the Act provides that personal information regarding cases of ‘Andes virus infection’ is protected information (see above), with an associated offence provision for unauthorised use or disclosure. The Act permits the lawful sharing of personal information to support public health surveillance within Australia and internationally. The Act ensures that the impact on individual privacy is not arbitrary and is proportionate to the protection of public health.

The Amending Instrument promotes the right to health as it assists to protect public health in Australia by assisting with the exchange of information, including personal information in accordance with the provisions in the Act, to support public health surveillance. The Amending Instrument also supports the rapid investigation and control of communicable disease outbreaks and other matters relating to public health.

 

Conclusion

The Amending Instrument is compatible with human rights because it promotes the right to the enjoyment of the highest attainable standard of physical and mental health and is consistent with the right to privacy.

 

Overview

The National Health Security (National Notifiable Disease List) Amendment (Andes virus infection) Instrument 2026 was introduced to address the public health risk posed by the potential introduction of Andes virus infection into Australia. This amendment, enacted under the National Health Security Act 2007, was made by the Minister for Health and is designed to temporarily add 'Andes virus infection' to the National Notifiable Disease List (NNDL). The purpose of this addition is to enable timely and accurate data reporting and analysis of cases, thereby supporting a coordinated response to the disease both nationally and internationally. By including this virus on the NNDL, the legislation facilitates the sharing of critical information between states, territories, and international health organisations, while also ensuring that any personal information shared is protected in accordance with the Act. The instrument was introduced following a reported cluster of severe respiratory illness caused by the Andes virus on a cruise ship in the Atlantic Ocean, which highlighted the potential for human-to-human transmission of the virus. The temporary inclusion of Andes virus infection on the NNDL is intended to enhance public health surveillance and to support rapid response measures to mitigate the spread of the disease. The instrument is also compatible with human rights, particularly the right to privacy and the right to the highest attainable standard of physical and mental health, as it ensures that personal information is protected and used only for permissible public health purposes.

Scope and Application

The National Health Security (National Notifiable Disease List) Amendment (Andes virus infection) Instrument 2026 applies to the addition of 'Andes virus infection' to the National Notifiable Disease List (NNDL), enhancing the national public health surveillance system. This temporary addition is made under the authority of the National Health Security Act 2007, which mandates the establishment of a list of diseases that must be reported to the Australian Centre for Disease Control (CDC). The purpose of this amendment is to address the public health risk posed by the potential introduction and transmission of Andes virus infection in Australia, including the possibility of human-to-human transmission. This Act applies to all states and territories within Australia, thereby ensuring a coordinated national response to the identified public health risk. The temporary addition of the disease to the NNDL ceases to have effect after 6 months unless further action is taken by the Minister under the Act. The Amending Instrument is consistent with human rights, particularly the right to privacy and the right to the highest attainable standard of physical and mental health, as it ensures that personal information is protected while facilitating the necessary information sharing for effective public health surveillance and response.

Key Provisions

The National Health Security (National Notifiable Disease List) Amendment (Andes virus infection) Instrument 2026 (Amending Instrument) is a legislative tool designed to temporarily add ‘Andes virus infection’ to the National Notifiable Disease List (NNDL) under the National Health Security Act 2007. This addition is made in response to the detection of Andes virus (ANDV) on a cruise ship in the Atlantic Ocean, which poses a potential public health risk to Australia due to its capability for human-to-human transmission. The Amending Instrument is authorized under subsection 12(1) of the National Health Security Act 2007, and it comes into effect the day after its registration. This temporary measure is intended to be in place for six months, unless extended by the Minister under subsection 12(6) of the Act (section 4). The Amending Instrument imposes obligations on various parties to ensure effective public health surveillance and response. Health professionals and laboratories are required to notify cases of Andes virus infection to the relevant public health authorities. States and territories must report these cases to the Australian Centre for Disease Control (CDC) in a timely manner. The Act also mandates that personal information collected in the context of these notifications be handled in accordance with privacy safeguards, ensuring that such information is only used for permissible purposes, such as preventing the spread of the disease within Australia and to other countries. The Act provides explicit guidelines on how personal information can be disclosed and used, ensuring that any breach of these guidelines is met with appropriate sanctions (section 19). Breaches of the Act's provisions, particularly those related to the unauthorized use or disclosure of protected personal information, are subject to penalties. Under the Act, unauthorized use or disclosure of protected information can result in both civil and criminal penalties. The specific penalties may vary, but they can include substantial fines and, in severe cases, imprisonment. The exact penalties are not specified in the Amending Instrument but are outlined in the broader National Health Security Act 2007, ensuring that any misuse of personal information is appropriately penalized to protect public health while respecting individual privacy rights (section 18).

Legal classification tags

Area of Law
Public Health Law
Instrument
Legislative Instrument
Concepts
Reporting & Disclosure Obligations
Regulatory Standards
Commencement Provisions

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.