National Health Security (National Notifiable Disease List) Amendment Instrument 2020

Overview

The National Health Security (National Notifiable Disease List) Amendment Instrument 2020 was enacted to address the urgent need for enhanced surveillance of diseases with pandemic potential, such as the novel coronavirus (COVID-19). This amending instrument was introduced to the National Health Security Act 2007 by the Commonwealth Chief Medical Officer under subsection 12(1) of the Act, with the explicit aim of adding "human coronavirus with pandemic potential" to the National Notifiable Disease List (NNDL). The urgency of this addition stems from the significant public health risks posed by such diseases, including the potential for human-to-human transmission, severe illness, and widespread geographical distribution of cases. By making this disease nationally notifiable, the instrument aims to ensure rapid notification to public health authorities, thereby facilitating swift and effective public health responses and control measures. The instrument is compatible with human rights, particularly the right to the enjoyment of the highest attainable standard of physical and mental health, as it supports the rapid investigation and control of communicable disease outbreaks.

Scope and Application

The National Health Security (National Notifiable Disease List) Amendment Instrument 2020 applies to the National Health Security Act 2007, which is a Commonwealth Act that establishes a national system for public health surveillance. The Amending Instrument specifically pertains to the National Notifiable Disease List (NNDL), which is maintained under the Act and lists diseases that must be reported to public health authorities. By adding ‘human coronavirus with pandemic potential’ to the NNDL, the Instrument extends the list to include this disease, making it nationally notifiable. This ensures that cases of this disease are promptly reported to public health authorities, facilitating a rapid response to potential outbreaks. The Amendment Instrument applies across Australia, as the National Health Security Act 2007 is a Commonwealth Act and therefore has jurisdiction throughout the nation. The addition to the NNDL is temporary, lasting for six months unless further extended by the Commonwealth Chief Medical Officer, and does not require consultation with State and Territory Health Ministers. However, the proposed addition has been endorsed by the Communicable Diseases Network Australia. The Amending Instrument is a legislative instrument under the Legislation Act 2003, and its commencement is effective from the day after it is registered.

Key Provisions

The National Health Security (National Notifiable Disease List) Amendment Instrument 2020 introduces significant changes to the existing legislative framework by adding "human coronavirus with pandemic potential" to the National Notifiable Disease List (NNDL) under the National Health Security Act 2007 (the Act). This amendment, pursuant to subsection 12(1) of the Act, is intended to enhance national public health surveillance by ensuring that cases of this serious and potentially fatal disease are promptly reported to public health authorities. This proactive measure aims to facilitate rapid response and control measures in the event of an outbreak, thereby protecting the public's health. Entities and individuals subject to the Act, including medical practitioners and public health authorities, are now obligated to notify cases of "human coronavirus with pandemic potential" to the relevant authorities as required by the NNDL. This notification process is critical for enabling timely public health interventions, such as contact tracing and quarantine measures, which are essential to managing the spread of the disease. Furthermore, the Act requires that such notifications be made without delay, underscoring the urgency and importance of this public health measure. Failure to comply with the notification requirements established by this amendment may result in legal consequences. Although the Act does not explicitly outline penalties for non-compliance, it is reasonable to infer that breaches could be subject to enforcement actions under relevant state and territory public health legislation. These actions might include fines or other penalties deemed appropriate by the authorities responsible for enforcing public health regulations. Additionally, non-compliance could have broader implications for public health, potentially leading to uncontrolled outbreaks and significant health risks to the community. The National Health Security (National Notifiable Disease List) Amendment Instrument 2020 is designed to operate within the existing legal framework and does not introduce new substantive changes to the law. Instead, it builds upon the existing provisions of the National Health Security Act 2007 by adding a critical new element to the NNDL. This amendment is intended to be a temporary measure, effective for a period of six months, after which it will automatically cease to be part of the NNDL unless further action is taken by the Commonwealth Chief Medical Officer (CMO). The temporary nature of this amendment reflects the evolving nature of public health threats and the need for flexible, responsive legislative measures.