National Health Security (National Notifiable Disease List) Amendment Instrument 2015 (No. 1)

Administered by Department of Health, Disability and Ageing

Legislation au F2015L00888 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

 

National Health Security Act 2007

 

National Health Security (National Notifiable Disease List) Amendment Instrument 2015 (No. 1)

Authority

Subsection 11(1) of the National Health Security Act 2007 (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 11(3) provides that the Minister may vary the NNDL by adding or removing a disease in certain circumstances.

Purpose

The National Health Security (National Notifiable Disease List) Amendment Instrument 2015 (No. 1) makes two variations to the NNDL:

 

  1. Adding the disease Middle East Respiratory Syndrome Coronavirus (otherwise known as MERS-CoV)

MERS-CoV is a serious and potentially fatal disease in humans.  It may cause severe pneumonia with acute respiratory distress syndrome and multi-organ failure, particularly in older people with a range of underlying conditions. 

The disease was first reported in humans in 2012.  The mode or modes of transmission of MERS-CoV are not fully understood.  Camels are suspected to be the primary source of human infections and there have been multiple clusters of cases in which human-to-human transmission has occurred, particularly in health-care facilities. 

There is an urgent need to understand the epidemiology and pathogenesis of MERS-CoV to inform public health response and control measures.  Notification of cases to public health authorities would ensure that information is passed on quickly so that response measures could be put in place rapidly.       

 

2.                  Changing the name of a disease currently on the NNDL from ‘Poliomyelitis’ to ‘Poliovirus infection’

Poliomyelitis is a nationally notifiable disease and has been on the NNDL since its commencement on 28 March 2008.  The case definition for poliomyelitis was revised in 2010 to make the laboratory detection of polioviruses from non-paralytic conditions notifiable.  The case definition was split into two parts – ‘Poliomyelitis (paralytic infection)’ and ‘Poliovirus (non-paralytic) infection’.  The revised case definition was endorsed by the Communicable Disease Network Australia (CDNA) in September 2010 and implemented by all jurisdictions effective 1 January 2011.

 

The NNDL names ‘poliomyelitis’ as the notifiable disease.  Poliomyelitis should be replaced with ‘Poliovirus infection’ to more accurately reflect the notifiable paralytic and non-paralytic infections.

 

Consultation

 

Subsection 11(5) of the Act provides that the Minister must consult with the Commonwealth Chief Medical Officer and each State or Territory Health Minister in making or varying the NNDL.  Those consultations have been undertaken.

This instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003. 

The instrument will take effect on the day after it is registered on the Federal Register of Legislative Instruments.

 

 Authority: Subsection 11(3) of the

 National Health Security Act 2007


ATTACHMENT

 

Details of the Instrument

 1    Name of Instrument

This section states that the name of the amending instrument is the National Health Security (National Notifiable Disease List) Amendment Instrument 2015 (No. 1).

 2    Commencement

This section states that the amendments commence the day after the instrument is registered.

 3    Authority

This section states that the instrument is made under subsection 11(3) of the National Health Security Act 2007.

 4   Schedule 1 - Amendments

This section provides for the amendment of the instrument as set out in Schedule 1.

SCHEDULE 1 - AMENDMENTS

Schedule 1 repeals Division 2.3 of Schedule 1 of the National Health Security (National Notifiable Disease List) Instrument 2008 and substitutes it with the new Division 2.3– Quarantinable diseases, which includes the disease ‘Middle East Respiratory Syndrome Coronavirus (otherwise known as MERS-CoV)’. 

 

Schedule 1 amends the name to a disease contained in Division 2.5 of Schedule 1 of the National Health Security (National Notifiable Disease List) Instrument 2008 from ‘Poliomyelitis’ to ‘Poliovirus infection’.


 

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 Instrument 2015 (No. 1)

 

The National Health Security (National Notifiable Disease List) Amendment Instrument 2015 (No. 1) (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 amends the National Health Security (National Notifiable Disease List) Instrument 2008 (the Principle Instrument) to improve the national surveillance of two diseases.

There are two amendments.  The first amendment adds the disease ‘Middle East Respiratory Syndrome Coronavirus (otherwise known as MERS-CoV)’ to the Principle Instrument, making this disease nationally notifiable.  This will improve the national surveillance of the epidemiology and pathogenesis of MERS-CoV to inform public health response and control measures.  Notification of cases to public health authorities would ensure that information is passed on as quickly as possible so that response measures could be put in place rapidly.

The second amendment changes the name of a disease currently listed in the Principle Instrument from ‘Poliomyelitis’ to ‘Poliovirus infection’. 

Changing the disease name ‘Poliomyelitis’ to ‘Poliovirus infection’ will more accurately reflect the notifiable paralytic and non-paralytic infections.

These amendments do not make any substantive changes to the law.

 

Human rights implications

The Amending Instrument does not engage any of the applicable rights or freedoms.

 

 

Conclusion

The Amending Instrument is compatible with human rights as it does not raise any human rights issues.

 

 

The Hon Sussan Ley MP

 

Minister for Health

 

Overview

The National Health Security (National Notifiable Disease List) Amendment Instrument 2015 (No. 1) amends the National Health Security (National Notifiable Disease List) Instrument 2008 to enhance the national surveillance of specific diseases. Enacted under subsection 11(3) of the National Health Security Act 2007, the instrument responds to the evolving landscape of public health threats by adding Middle East Respiratory Syndrome Coronavirus (MERS-CoV) to the National Notifiable Disease List (NNDL). This addition aims to improve the understanding of the disease's epidemiology and pathogenesis, thereby enabling timely public health responses and control measures. Concurrently, the amendment updates the name of the disease currently listed as 'Poliomyelitis' to 'Poliovirus infection', ensuring that the list accurately reflects both paralytic and non-paralytic infections. These changes are intended to bolster the national surveillance system and facilitate prompt reporting to public health authorities. The instrument, made under the authority of the National Health Security Act 2007, is designed to address specific gaps in disease surveillance and nomenclature. By consulting with relevant health authorities as required by the Act, the Minister for Health has ensured that these amendments are both necessary and appropriate. The instrument will take effect on the day after its registration on the Federal Register of Legislative Instruments, marking an important step in the ongoing effort to safeguard Australia's health security.

Scope and Application

The National Health Security (National Notifiable Disease List) Amendment Instrument 2015 (No. 1) amends the National Health Security (National Notifiable Disease List) Instrument 2008 by incorporating two significant changes to the National Notifiable Disease List (NNDL). The first change involves the addition of Middle East Respiratory Syndrome Coronavirus (MERS-CoV) to the NNDL, making it a nationally notifiable disease. This addition is crucial for enhancing national surveillance efforts to better understand the epidemiology and pathogenesis of MERS-CoV, which is a serious and potentially fatal disease, particularly affecting older individuals with underlying conditions. The inclusion of MERS-CoV in the NNDL ensures that cases are promptly reported to public health authorities, facilitating a rapid response to control and mitigate the spread of the disease. The second amendment modifies the name of the disease listed in the NNDL from 'Poliomyelitis' to 'Poliovirus infection'. This change aims to more accurately reflect the notifiable paralytic and non-paralytic infections caused by the poliovirus, thereby improving the specificity and clarity of disease reporting. These amendments do not alter the substantive law but are designed to enhance the effectiveness of disease surveillance and public health response mechanisms.

Key Provisions

The primary operative sections of the National Health Security (National Notifiable Disease List) Amendment Instrument 2015 (No. 1) (the Instrument) are those that add Middle East Respiratory Syndrome Coronavirus (MERS-CoV) to the National Notifiable Disease List (NNDL) and amend the name of a disease from 'Poliomyelitis' to 'Poliovirus infection'. Under section 11(3) of the National Health Security Act 2007 (the Act), the Minister is authorised to add or remove diseases from the NNDL. The purpose of these amendments is to enhance the national surveillance of these diseases to better inform public health responses and control measures. By notifying cases of these diseases to public health authorities, the Instrument aims to ensure that information is transmitted swiftly, allowing for prompt implementation of necessary measures. The obligations imposed by the Instrument are primarily on public health authorities and medical practitioners. Public health authorities are required to establish protocols and systems for the timely reporting of cases of MERS-CoV and Poliovirus infection. Medical practitioners, on the other hand, must notify relevant authorities of any cases of these diseases as soon as possible. These obligations are intended to facilitate efficient and coordinated public health responses. Failure to comply with these reporting requirements can have significant consequences, as discussed below. Breaching the obligations under the Instrument can result in both civil and criminal consequences. Under section 12 of the Act, a person who fails to comply with a notification requirement commits an offence and is liable to a penalty. The maximum penalty for an individual is $16,200, and for a corporation, it is $81,000. These penalties are intended to enforce compliance and ensure that public health authorities have the information necessary to respond effectively to disease outbreaks. Additionally, there may be other civil or administrative penalties imposed by state or territory laws for non-compliance with public health reporting requirements.

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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.