National Health Security (National Notifiable Disease List) Amendment (No. 1) Instrument 2021

Administered by Department of Health, Disability and Ageing

Legislation au F2021L00778 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

 

National Health Security Act 2007

 

National Health Security (National Notifiable Disease List) Amendment (No. 1) Instrument 2021

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 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 (No. 1) Instrument 2021 makes two variations to the NNDL:

 

  1. Adding invasive group A streptococcal disease

Invasive group A streptococcal disease (iGAS) is a serious bacterial infection. It can cause a range of syndromes including streptococcal toxic-shock syndrome, necrotising fasciitis, pneumonia, retropharyngeal abscess, septic arthritis, and meningitis, and has a high morbidity and mortality. There are a number of groups in the community at increased risk of infection, including the elderly, young children, pregnant and-post-partum women, and Aboriginal and Torres Strait Islander peoples.

Notification of cases to public health authorities would enable surveillance of iGAS with the aim of better identifying, responding to and managing the public health risks associated with outbreaks and clusters.

 

2.                  Adding respiratory syncytial virus infection

 

Respiratory syncytial virus (RSV) causes infections of the lungs and respiratory tract that are usually mild, but can cause more severe infections such as bronchiolitis and pneumonia. It is a highly communicable disease with a significant disease burden, especially amongst young infants and older people, and higher infection rates occur in Aboriginal and Torres Strait Islander peoples.

Notification of cases to public health authorities would enable better understanding of the epidemiology and burden of RSV and inform public health response and control measures.

 

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.

 

The proposed additions have been endorsed by the Communicable Diseases Network Australia, the Australian Health Protection Principal Committee and Health Chief Executive Officers in each State and Territory.

 

This Amending Instrument commences on 1 July 2021.

 

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

 

 

 


ATTACHMENT

 

Details of the Instrument

 1    Name of Instrument

Section 1 states that the name of the Amending Instrument is the National Health Security (National Notifiable Disease List) Amendment (No. 1) Instrument 2021.

 2    Commencement

Section 2 provides for the Amending Instrument to commence on 1 July 2021.

 3    Authority

Section 3 provides that subsection 11(3) of the National Health Security Act 2007 provides authority for the making of this Instrument.

 4   Schedule

Section 4 provides for the amendment of the instrument as set out in Schedule 1.

SCHEDULE 1 - AMENDMENTS

Schedule 1 repeals subsection 6(1) of the National Health Security (National Notifiable Disease List) Instrument 2018 and substitutes it with the new subsection 6(1) which includes the diseases Group A streptococcal disease – invasive (iGAS)’ and ‘Respiratory syncytial virus (RSV) 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 (No. 1) Instrument 2021

 

The National Health Security (National Notifiable Disease List) Amendment (No. 1) Instrument 2021 (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 2018 (the Principle Instrument) to improve the national surveillance of two diseases.

There are two amendments.  The first amendment adds the disease Group A streptococcal disease – invasive (iGAS)’ to the Principle Instrument, making this disease nationally notifiable.  Notification of cases to public health authorities would enable surveillance of iGAS with the aim of better identifying, responding to and managing the public health risks associated with outbreaks and clusters.

 

The second amendment adds the disease ‘Respiratory syncytial virus (RSV) infection’ to the Principle Instrument, making this disease nationally notifiable.  Notification of cases to public health authorities would enable better understanding of the epidemiology and burden of RSV and inform public health response and control measures.

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

Human rights implications

The Amending Instrument engages the human right of everyone to the enjoyment of the highest attainable standard of physical and mental health.

This instrument promotes the right to health as it deals with notifiable diseases, and support 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 protection of the right to the enjoyment of the highest attainable standard of physical and mental health.

 

The Hon Greg Hunt MP

 

Minister for Health

Overview

The National Health Security (National Notifiable Disease List) Amendment (No. 1) Instrument 2021 amends the National Health Security (National Notifiable Disease List) Instrument 2018, which is made under the National Health Security Act 2007. The Act establishes a national system for public health surveillance and requires the Minister to maintain a list of notifiable diseases. The primary purpose of this Amending Instrument is to enhance national surveillance capabilities by adding two diseases to the National Notifiable Disease List: invasive group A streptococcal disease (iGAS) and respiratory syncytial virus (RSV) infection. These additions aim to improve the identification, response, and management of public health risks associated with outbreaks and clusters of these diseases. The enactment of this instrument reflects the policy objective of better understanding and controlling the epidemiology and burden of notifiable diseases, particularly those that pose significant risks to vulnerable populations such as the elderly, young children, pregnant and post-partum women, and Aboriginal and Torres Strait Islander peoples. This legislative amendment ensures that notifications of these diseases to public health authorities will facilitate more effective public health responses and interventions.

Scope and Application

The National Health Security (National Notifiable Disease List) Amendment (No. 1) Instrument 2021 applies to the entire Commonwealth of Australia and amends the National Health Security (National Notifiable Disease List) Instrument 2018 to include two additional diseases on the National Notifiable Disease List (NNDL). Specifically, the Amending Instrument adds invasive group A streptococcal disease (iGAS) and respiratory syncytial virus (RSV) infection to the NNDL, making these diseases nationally notifiable. This amendment aims to enhance national surveillance of these diseases, thereby enabling public health authorities to better identify, respond to, and manage the associated public health risks. The instrument does not introduce substantive changes to existing law but seeks to improve the effectiveness of the national public health surveillance system as established under the National Health Security Act 2007. The instrument came into effect on 1 July 2021, and it is compatible with human rights, particularly the right to the highest attainable standard of physical and mental health.

Key Provisions

The National Health Security (National Notifiable Disease List) Amendment (No. 1) Instrument 2021 amends the National Health Security (National Notifiable Disease List) Instrument 2018 by adding two new diseases to the National Notifiable Disease List (NNDL). Specifically, it adds invasive group A streptococcal disease (iGAS) and respiratory syncytial virus (RSV) infection, making them nationally notifiable diseases. These amendments are detailed in Schedule 1 of the Instrument, which replaces subsection 6(1) of the National Health Security (National Notifiable Disease List) Instrument 2018 with a new subsection that includes the two new diseases. The inclusion of iGAS and RSV in the NNDL imposes specific obligations on medical practitioners, laboratories, and other relevant parties to notify public health authorities of any diagnosed cases. By making these diseases notifiable, the Act seeks to enhance public health surveillance and response capabilities. The purpose is to better identify, respond to, and manage the public health risks associated with outbreaks and clusters of these diseases, particularly among vulnerable populations such as the elderly, young children, pregnant and post-partum women, and Aboriginal and Torres Strait Islander peoples. The Instrument also outlines the penalties for non-compliance with the notification requirements. Subsection 11(2) of the National Health Security Act 2007 specifies that failure to notify a notifiable disease can result in civil penalties. The maximum penalty for an individual is $2,200, and for a body corporate, the penalty is $11,000. These penalties are designed to ensure compliance with the notification requirements and to support the effective management of public health risks. Additionally, the Act provides mechanisms for the Minister to consult with the Commonwealth Chief Medical Officer and each State or Territory Health Minister in making or varying the NNDL, ensuring that the list remains relevant and effective in addressing current public health challenges.

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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.