PUBLIC HEALTH ACT 2005

Queensland Consolidated Acts

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- As at 1 November 2023
- Act 48 of 2005

TABLE OF PROVISIONS

Long Title

CHAPTER 1 - PRELIMINARY

PART 1 - INTRODUCTION

1. Short title
2. Commencement
3. Act binds all persons
4. Contravention of this Act does not create civil cause of action
5. Act does not affect other rights or remedies

PART 2 - OBJECT

6. Object of Act
7. How object is mainly achieved

PART 3 - INTERPRETATION

8. Definitions
9. Notes in text

CHAPTER 2 - ENVIRONMENTAL HEALTH

PART 1 - PUBLIC HEALTH RISKS

10. Definitions for ch 2
11. Meaning of public health risk

PART 2 - ROLES OF THE STATE AND LOCAL GOVERNMENTS FOR PUBLIC HEALTH RISKS

12. When Act administered only by the State
13. When Act administered only by local governments
14. When State and local governments administer this Act in partnership
15. Action by the State if local government does not administer and enforce this Act
16. Procedure before taking action under s 15
17. State may require report from local government
18. Regulation to prescribe who is to administer this Act for particular public health risks
19. Effect of Act on local laws
20. Application of Local Government Act 2009

PART 3 - PUBLIC HEALTH ORDERS

Division 1 - Preliminary

21. What public health order may require
22. Public health orders about animals

Division 2 - Giving public health orders

23. Public health orders

Division 3 - Enforcement of public health orders

24. Issuing authority may apply for enforcement order
25. Notice of hearing must be given
26. When magistrate may order enforcement
27. What enforcement order may require
28. Person must comply with enforcement order
29. Application may be dealt with in proceeding for offence

Division 4 - Taking steps under enforcement order

30. Procedure before entry under enforcement order
31. Costs under enforcement order recoverable as a debt
32. Cost under enforcement order a charge over land

Division 5 - Recovery of costs from third parties

33. Recipient may apply for contribution
34. Notice of hearing of cost recovery order must be given
35. When magistrates court may make cost recovery order

PART 4 - AUTHORISED PREVENTION AND CONTROL PROGRAMS

36. Chief executive may authorise prevention and control program
37. What chief executive’s authorisation must state
38. Publication of authorisation
39. Who may undertake prevention and control program
40. Powers available for prevention and control program
41. Power of authorised persons to enter place for prevention and control program
42. Notification of entry
43. Powers of authorised persons after entry
44. Failure to help authorised person
45. Person must not interfere with steps taken
46. Notification of prevention and control program

PART 5 - ENVIRONMENTAL HEALTH EVENTS

Division 1 - Definition

47. Meaning of environmental health event

Division 2 - Establishment of environmental health event register

48. Environmental health event register
49. Purposes of register
50. What register must contain

Division 3 - Notifications about environmental health event register

51. Notification of establishment of register
52. Notification inviting inclusion in register

Division 4 - Confidentiality and use of information supplied for environmental health event register

53. Definitions for div 4
54. Restriction on inconsistent use of information
55. Confidentiality of information
56. Release of information for an investigation under the Coroners Act
57. Use of environmental health event register

PART 5A - PROVISIONS ABOUT DRINKING WATER AND RECYCLED WATER

Division 1 - Improvement notices

57A. Improvement notice
57B. Record of compliance with improvement notice

Division 2 - Offences about supply of drinking water or recycled water

Subdivision 1 - Preliminary

57C. When drinking water is unsafe
57D. When recycled water is fit for use

Subdivision 2 - Offences

57E. Supply of unsafe drinking water
57F. Supply of recycled water that is not fit for use

Division 3 - Information requests

57G. Power to require information
57H. Failure to give information

PART 6 - LEAD

58. Lead in buildings must not be accessible to children
59. Lead must not be used in water collection

PART 7 - PAINT

60. Person must comply with standard

PART 8 - REGULATIONS ABOUT PUBLIC HEALTH RISKS

61. Regulations about public health risks

CHAPTER 2A - WATER RISK MANAGEMENT PLANS

PART 1 - PRELIMINARY

61A. Definitions for chapter
61B. Operation of chs 2 and 2A

PART 2 - REQUIREMENT AND CONTENT OF PLANS

61C. Requirement for water risk management plans
61D. Content of water risk management plans
61E. Amending water risk management plans

PART 3 - COMPLIANCE

61F. Obligation to give chief executive copy of water risk management plans
61G. Complying with water risk management plans
61H. Obligation to notify chief executive of Legionella
61I. Obligation to give chief executive reports
61J. False or misleading reports
61K. Chief executive may publish reports

CHAPTER 3 - NOTIFIABLE CONDITIONS

PART 1 - DEFINITIONS, PURPOSE OF CHAPTER AND GUIDING PRINCIPLES

62. Definitions for ch 3
63. Meaning of controlled notifiable condition
64. Meaning of notifiable condition
65. Purpose of ch 3
66. Guiding principles for ch 3

PART 2 - NOTIFIABLE CONDITIONS REGISTER

Division 1 - Establishment and purpose of Notifiable Conditions Register

67. Register
68. Purposes of register

Division 2 - Notices about notifiable conditions

69. Application of div 2
70. When a doctor must notify
71. When the person in charge of hospital must notify
72. When the director of a pathology laboratory must notify a pathological diagnosis notifiable condition
73. When the director of a pathology laboratory must notify pathology request notifiable condition
74. Anonymity coding
75. Further information may be required

Division 3 - Confidentiality of information and use of information supplied for Notifiable Conditions Register

76. Definitions for div 3
77. Confidentiality of information
78. Disclosure under an Act or another law
79. Disclosure under Act or with written consent etc.
80. Disclosure about notifiable conditions and contact tracing
81. Disclosure of confidential information in the public interest
82. Disclosure for data collection and public health monitoring
83. Disclosure for purposes relating to health services
84. Disclosure to Commonwealth, another State or Commonwealth or State entity
85. Disclosure to allow chief executive to act
86. Release of information for an investigation under the Coroners Act
87. Use of Notifiable Conditions Register
88. Access to information in register for serious offence

PART 3 - CONTACT TRACING

Division 1 - Contact tracing officers

89. Functions of contact tracing officer
90. Appointment of contact tracing officer by chief executive
91. Qualifications for appointment
92. Appointment conditions and limit on powers
93. Issue of identity card
94. Production or display of identity card
95. When contact tracing officer ceases to hold office
96. Resignation
97. Return of identity card

Division 2 - Obtaining contact information

98. Definitions for div 2
99. Power to require contact information
100. Failure to give contact information
101. Power to require business contact information
102. Failure to give business contact information
103. Obtaining contact information from health information held by a health agency

Division 3 - Confidentiality of information and use of information supplied for contact tracing

104. Definitions for div 3
104A. Extraterritorial operation
105. Confidentiality of information
106. Disclosure under an Act or another law
107. Disclosure under Act or with written consent etc.
108. Disclosure to protect health of person
108A. Disclosure for contact tracing purposes
109. Disclosure of confidential information in the public interest
110. Disclosure to allow chief executive to act
111. Use of contact information and business contact information

PART 4 - ORDERS BY CHIEF EXECUTIVE ABOUT CONTROLLED NOTIFIABLE CONDITIONS

Division 1 - Preliminary

112. Definition for pt 4

Division 2 - Orders by chief executive

113. Chief executive may order detention
114. Enforcement of chief executive’s order
115. Duration of chief executive’s order

PART 5 - ORDERS BY MAGISTRATE ABOUT CONTROLLED NOTIFIABLE CONDITIONS

Division 1 - General

116. Applying for controlled notifiable conditions order
117. Deciding application in person’s absence

Division 2 - Initial examination orders

118. Making initial examination order
119. What initial examination order may provide
120. Service of initial examination order
121. Person must remain at place of detention and undergo medical examination
122. When period of detention starts
123. Details of medical examination must be explained
124. When detained person must be released before the end of initial examination order

Division 3 - Behavioural orders

125. Making behavioural order
126. What behavioural order may provide
127. Service of behavioural order
128. Person must comply with behavioural order

Division 4 - Detention orders

129. Making detention order
130. What detention order may provide
131. Service of detention order
132. Person must remain at place of detention and undergo medical examination or treatment
133. Details of medical examination or treatment must be explained

Division 5 - Extension, variation or revocation of controlled notifiable conditions orders

134. Extension of behavioural or detention orders
135. Variation and revocation of initial examination, behavioural or detention orders

Division 6 - Warrants

136. Application for warrant for apprehension
137. Issue of warrant
138. Application by electronic communication and duplicate warrant
139. Defect in relation to a warrant

Division 7 - Procedure for entry under orders and warrants

140. Procedure before entry—orders
141. Procedure before entry—warrants

Division 8 - Appeals against magistrate’s decisions

142. Appeal against decision on application for controlled notifiable conditions order or extension of order

PART 5A - (Expired)

PART 6 - RECKLESS SPREAD OF CONTROLLED NOTIFIABLE CONDITIONS

143. Person must not recklessly spread controlled notifiable condition

PART 7 - PROCEEDINGS

144. How proceedings under this chapter heard

PART 8 - OTHER MATTERS ABOUT CONTROLLED NOTIFIABLE CONDITIONS ORDERS

145. Person may give information necessary for authorised person’s safety
146. Obstructing persons exercising powers

CHAPTER 4 - INFECTION CONTROL FOR HEALTH CARE FACILITIES

PART 1 - PRELIMINARY

147. Definitions for ch 4
148. Meaning of declared health service
149. Meaning of health care facility
150. Application of ch 4

PART 2 - GENERAL OBLIGATION TO MINIMISE INFECTION RISKS FOR DECLARED HEALTH SERVICES

151. Obligation to minimise risk of infection

PART 3 - INFECTION CONTROL MANAGEMENT PLANS

152. What is an infection control management plan
153. Obligation of owner for ICMP
154. Obligation of owner/operator for ICMP
155. What an ICMP must contain
156. Time for developing and implementing an ICMP
156A. Giving copy of ICMP and information to authorised person
156B. Amending ICMP

PART 3A - IMPROVEMENT NOTICES AND DIRECTIONS NOTICES

156C. Improvement notice
156D. Record of compliance with improvement notice
156E. Directions notice
156F. Chief executive may extend directions notice
156G. Court order may extend directions notice
156H. Offence to fail to comply with a directions notice
156I. Record of compliance with directions notice

PART 4 - REPORTING CONTRAVENTIONS OF CHAPTER 4 TO OTHER ENTITIES

157. Chief executive may report contraventions

CHAPTER 4A - HEALTH OF PERSONS WITH MAJOR DISTURBANCE IN MENTAL CAPACITY

PART 1 - PRELIMINARY

157A. Definitions for ch 4A

PART 2 - TAKING PERSONS TO TREATMENT OR CARE PLACE

157B. Ambulance officer or police officer may detain and transport person
157C. What ambulance officer or police officer must tell person
157D. Giving emergency examination authority
157E. Detention in treatment or care place
157F. Examination

PART 3 - RETURN OF PERSONS WHO ABSCOND

157G. Application of pt 3
157H. Person in charge of facility may require return of absent person
157I. Duration of authorisation or request
157J. Authorised person may transport absent person
157K. Effect on examination period

PART 4 - POWERS

157L. Use of force to detain and transport
157M. Transfer to another treatment or care place
157N. Use of reasonable force to detain person
157O. Examination of person without consent and with use of reasonable force
157P. Return after examination or treatment and care to person’s requested place

PART 5 - WARRANT FOR APPREHENSION OF PERSON TO TRANSPORT PERSON

157Q. Application for warrant for apprehension of person
157R. Issue of warrant
157S. Electronic application
157T. Additional procedure if electronic application
157U. Defect in relation to a warrant
157V. Warrants—entry procedure

PART 6 - SEARCHES OF PERSONS IN TREATMENT OR CARE PLACE

157W. Application of pt 6
157X. Definitions for pt 6
157Y. Power to search on belief of possession of harmful thing
157Z. Requirements for personal search
157ZA. Requirements for search requiring the removal of clothing
157ZB. Requirements for search of possessions
157ZC. Record of search must be made
157ZD. Seizure of harmful thing
157ZE. Receipt for seized thing
157ZF. Access to seized thing

PART 7 - MISCELLANEOUS

157ZG. Relationship with Guardianship and Administration Act 2000

CHAPTER 5 - CHILD HEALTH

PART 1 - DEFINITIONS

158. Definitions for ch 5
159. Who is a parent
160. What is a prescribed period for a contagious condition

PART 2 - CONTAGIOUS CONDITIONS

Division 1AA - Exclusion of unvaccinated children from particular services

160A. Definitions for div 1AA
160B. When person in charge may exclude child not yet enrolled
160C. When person in charge may exclude enrolled child
160D. Immunisation status of children allowed to attend without statement

Division 1 - Directions about attendance of children at a school, education and care service or QEC approved service

161. When parent must not send a child to school, education and care service or QEC approved service
162. When teacher or educator must advise person in charge
163. Person in charge may advise parent about suspicion of contagious condition
164. Person in charge may direct parent not to send child to school, education and care service or QEC approved service
165. Person in charge may advise parent of child not vaccinated about suspicion of vaccine preventable condition
166. Person in charge may direct parent not to send child to school, education and care service or QEC approved service
167. Chief executive may authorise examination of children at school, education and care service or QEC approved service
168. Chief executive must advise parent about examination
169. Chief executive may direct person in charge in relation to child
170. Person in charge must include information in direction
171. When person in charge may readmit child before prescribed period ends

Division 2 - Information sharing

172. Chief executive may require details if child suspected of having a contagious condition
173. Giving health information held by a health agency

Division 3 - Confidentiality of information and protection for persons

174. Definitions for div 3
175. Confidentiality of information
176. Disclosure under an Act or another law
177. Disclosure under Act or with written consent etc.
178. Disclosure to a person to help prevent or minimise transmission of a contagious condition
179. Protection for persons acting under pt 2

Division 4 - Other action to control contagious conditions

180. Directions to person in charge of school, education and care service or QEC approved service
181. Temporary closure of school, education and care service or QEC approved service

Division 5 - Review of order to close school, education and care service or QEC approved service

182. Review of Minister’s order to close school, education and care service or QEC approved service
183. (Repealed)

Division 6 - Approved provider must ensure person complies with this part

184. (Repealed)
184A. Approved provider must ensure person in charge complies with pt 2

PART 3 - CHILD ABUSE AND NEGLECT

Division 1 - Principles under which part 3 to be administered

185. Guiding principles for pt 3

Division 2 - Relationship with Child Protection Act 1999

186. Relationship with Child Protection Act 1999

Division 3 - Custody of child held at health service facility

187. Person in charge of facility has custody of child held at facility

Division 4 - Designated medical officers

188. Appointment
189. When person in charge taken to be a designated medical officer
190. Powers

Division 5 - (Repealed)

Division 6 - Care and treatment order for child

197. Designated medical officer may make care and treatment order for child
198. Designated medical officer must notify person in charge of facility where child held
199. Designated medical officer must advise chief executive (child safety)
200. Designated medical officer must advise parents of child held

Division 7 - Extension of care and treatment order

201. Designated medical officer may extend care and treatment order
202. Designated medical officer must notify person in charge of facility about extension of order
203. Designated medical officer must advise chief executive (child safety) about extension of order
204. Designated medical officer must advise child’s parents about extension of order

Division 8 - Enforcement and duration of care and treatment order

205. Enforcement of care and treatment order
206. Duration of order
207. Limit on the number of care and treatment orders

Division 9 - Chief executive (child safety) may require information about child held under care and treatment order

208. Chief executive (child safety) may require information from designated medical officer

Division 10 - Measures that may be taken in relation to a child held under a care and treatment order

209. Medical examination or treatment of child held under order
210. Designated medical officer may request information from doctors
211. Transfer of child from one facility to another
212. Parent may choose doctor to examine child

Division 11 - Offences relating to child held at health service facility

213. Offence to remove child

PART 4 - DISCLOSURE OF INFORMATION FOR SCHOOL HEALTH PROGRAMS

213AA. Definitions for part
213AB. Application of part
213AC. Identifying school health program providers
213AD. Disclosure of information about students
213AE. Application of Information Privacy Act 2009 to contracted service providers
213AF. Delegation by health service chief executive for this part

CHAPTER 5A - PERFORMANCE OF COSMETIC PROCEDURES ON CHILDREN

213A. Definition for ch 5A
213B. Offence to perform, or offer to perform, cosmetic procedure on a child
213C. Offence to procure, or offer to procure, performance of cosmetic procedure on a child
213D. Chief executive may report contravention

CHAPTER 5B - CONVERSION THERAPIES

213E. Definitions for chapter
213F. Meaning of conversion therapy
213G. Meaning of gender identity
213H. Prohibition of conversion therapy
213I. Proceedings for indictable offence

CHAPTER 6 - HEALTH INFORMATION MANAGEMENT

PART 1 - PERINATAL STATISTICS

Division 1 - Definitions

214. Definitions for pt 1

Division 2 - Establishment and purposes of collection

215. Collection
216. Purposes of collection

Division 3 - Notifications about perinatal statistics

217. Giving notifications to chief executive
218. Further information may be required

Division 4 - Confidentiality

219. Definitions for div 4
220. Confidentiality of information
221. Disclosure under an Act or another law
222. Disclosure under Act or with written consent etc.
223. Disclosure of confidential information in the public interest
224. Disclosure for data collection and public health monitoring
225. Disclosure for purposes relating to health services
226. Disclosure to Commonwealth, another State or Commonwealth or State entity
227. Disclosure to quality assurance committee
228. Disclosure to allow chief executive to act
228A. Disclosure of information for an investigation under the Coroners Act
228B. Arrangements about transfer of information
228BA. Disclosure for purpose of Health Transparency Act 2019

PART 1A - MATERNAL DEATH STATISTICS

Division 1 - Definitions

228C. Definitions for pt 1A

Division 2 - Establishment and purposes of collection

228D. Collection
228E. Purposes of collection

Division 3 - Notifications about maternal death statistics

228F. Giving information to chief executive
228G. Further information may be required

Division 4 - Confidentiality

228H. Definitions for div 4
228I. Confidentiality of information
228J. Disclosure under an Act or another law
228K. Disclosure under Act or with written consent etc.
228L. Disclosure of confidential information in the public interest
228M. Disclosure for data collection and public health monitoring
228N. Disclosure for purposes relating to health services
228O. Disclosure to Commonwealth, another State or Commonwealth or State entity
228P. Disclosure to quality assurance committee
228Q. Disclosure to allow chief executive to act
228R. Disclosure of information for an investigation under the Coroners Act
228S. Arrangements about transfer of information

PART 2 - CANCER NOTIFICATIONS

Division 1 - Definitions

229. Definitions for pt 2

Division 2 - Establishment and purposes of register

230. Register
231. Purposes of register
232. Responsibility for keeping of register

Division 3 - Notifications about cancer

233. Application of div 3
234. Notifications about cancer to be given to chief executive
235. Directions to give notifications about cancer to contractor
236. Further information may be required

Division 4 - Confidentiality

237. Definitions for div 4
238. Confidentiality of information
239. Disclosure under an Act or another law
240. Disclosure under Act or with written consent etc.
241. Disclosure of confidential information in the public interest
242. Disclosure for data collection and public health monitoring
243. Disclosure for purposes relating to health services
244. Disclosure to Commonwealth, another State or Commonwealth or State entity
245. Disclosure to quality assurance committee
246. Disclosure to contractor or employee of contractor for maintaining the register
247. Disclosure to allow chief executive to act
248. Confidentiality of information for contractors
249. Disclosure by contractor
250. (Repealed)

PART 3 - (Repealed)

PART 3A - NOTIFIABLE DUST LUNG DISEASES

Division 1 - Preliminary

279AA. Definitions for part

Division 2 - Notifiable Dust Lung Disease Register

279AB. Register
279AC. Purposes of register
279AD. Approved operator may keep register

Division 3 - Notifications and giving of information about notifiable dust lung diseases

279AE. Obligation under this division
279AF. Obligation to notify chief executive
279AG. Further information may be required
279AH. Relevant chief executives to notify
279AI. Authorisation of giving of information

Division 4 - Report about register and related matters

279AJ. Chief executive must report to Minister

Division 5 - Confidentiality and disclosure of information

279AK. Definitions for division
279AL. Duty of confidentiality
279AM. Disclosure—general
279AN. Disclosure for data collection and public health monitoring
279AO. Disclosure to entity of the State or corresponding entity
279AP. Disclosure of information for investigation under Coroners Act 2003

PART 4 - RESEARCH

Division 1 - Preliminary

279A. Application of pt 4
280. Definitions for pt 4
280A. Part does not prevent disclosure under other Act

Division 2 - Health information held by a health agency for research

281. Chief executive may give information
282. Application to chief executive for information
283. Further information or documents to support application
284. Decision about application
285. What notice must state
286. Notification of change of persons being given information
287. Chief executive may rescind decision to give information

Division 3 - Establishment of register

288. Register of approved applications for health information held by a health agency
289. Access to register

Division 4 - Use and disclosure of information supplied for research

290. Restriction on inconsistent use of information
291. Restriction on disclosure of information
292. Use of health information held by a health agency

CHAPTER 7 - PUBLIC HEALTH INQUIRIES

293. Definitions for ch 7
294. Minister may establish or re-establish panels of inquiry
295. Role of panel of inquiry
296. Conditions of appointment
297. Chief executive to arrange for services of staff and financial matters for panel of inquiry
298. Procedure
299. Notice of inquiry
300. Inquiry to be held in public other than in special circumstances
301. Protection of members, legal representatives and witnesses
302. Record of proceedings to be kept
303. Procedural fairness and representation
304. Panel’s powers on inquiry
305. Notice to witness
306. Inspection of documents or other things
307. Inquiry may continue despite court proceeding unless otherwise ordered
308. Offences by witnesses
309. False or misleading statements
310. False or misleading documents
311. Contempt of panel
312. Report of offences
313. Change of membership of panel

CHAPTER 7A - POLLUTION EVENTS

PART 1 - PRELIMINARY

313A. Purpose of chapter
313B. Definitions for chapter
313C. Meaning of pollution event
313D. Meaning of pollution notice

PART 2 - POLLUTION NOTICES

313E. Chief executive may give direction to publish pollution notice
313F. Chief executive may publish pollution notice
313G. Steps required before giving direction or publishing pollution notice

PART 3 - COMPENSATION

313H. Compensation

CHAPTER 8 - PUBLIC HEALTH EMERGENCIES

PART 1 - PRELIMINARY

314. Purpose of ch 8
315. Definitions for ch 8
316. Relationship to other Acts
317. Other Acts not affected
318. Powers under this chapter and powers under other Acts

PART 2 - DECLARING A PUBLIC HEALTH EMERGENCY

319. Declaration of public health emergency
320. What public health emergency order must state
321. Publication of declaration
322. Duration of declared public health emergency
323. Extending or further extending declared public health emergency
324. Ending declared public health emergency
325. Publication of ending of declared public health emergency
326. Public health emergency order may be amended

PART 3 - EMERGENCY NOTIFIABLE CONDITIONS

327. Declaration of emergency notifiable condition as controlled notifiable condition
328. What controlled notifiable conditions declaration must state
329. Publication of declaration
330. Duration of controlled notifiable conditions declaration
331. Controlled notifiable conditions declaration may be amended

PART 4 - ROLE OF CHIEF EXECUTIVE

332. Coordination responsibility

PART 5 - APPOINTMENT OF EMERGENCY OFFICERS

333. Appointment of emergency officers (general)
334. Qualifications for appointment as emergency officer (general)
335. Appointment of emergency officers (medical)
336. Qualifications for appointment as emergency officer (medical)
337. Appointment conditions
338. Chief executive to give copy of appointment to emergency officer
339. Powers
340. Identity cards
341. Failure to return identity card
342. Production or display of identity card by emergency officer

PART 6 - POWERS OF EMERGENCY OFFICERS

Division 1 - Entry of places

343. Power to enter places
344. Procedure before entry

Division 2 - Emergency powers

345. Emergency powers
346. Failure to comply with requirement
347. General powers after entering places
348. Failure to help emergency officer

PART 7 - EXTRA POWERS OF EMERGENCY OFFICERS (MEDICAL)

Division 1 - Detention powers

349. Emergency officer (medical) may order detention
350. Duration of order
351. Enforcement of order
352. Establishing isolation areas
353. Person to be given opportunity of voluntarily complying with order
354. Medical examination and treatment
355. When detained person must be released before the end of the order

Division 2 - Extension of detention order

356. Application to extend order
357. Consideration of application
358. Appeal

Division 3 - Other provisions about detention

359. Application of div 3
360. Obligations of emergency officer (medical) in relation to person detained
361. Application to magistrate for order ending person’s detention
362. Appeal

PART 7A - (Expired)

PART 7AA - (Expired)

PART 7B - (Expired)

PART 8 - GENERAL ENFORCEMENT MATTERS

363. False or misleading statements
364. False or misleading documents
365. Obstructing emergency officers

PART 9 - COMPENSATION

366. Entitlement to compensation
367. When compensation is not payable
368. Applying for compensation
369. Lapsing of application
370. Deciding application
371. Notice about decision
372. Review of decision
373. (Repealed)
374. (Repealed)
375. (Repealed)

CHAPTER 9 - MONITORING AND ENFORCEMENT

PART 1 - AUTHORISED PERSONS

376. Powers generally
377. Appointment
378. Qualifications for appointment
379. Appointment conditions and limit on powers
380. Issue of identity card
381. Production or display of identity card
382. When authorised person ceases to hold office
383. Resignation
384. Return of identity card

PART 2 - POWERS OF AUTHORISED PERSONS

Division 1 - Entry of places

385. Power to enter places
386. Power to enter place to ascertain if public health risk
387. Power to enter place to check compliance with public health order
388. Power to enter place to take steps if public health order not complied with
388A. Power to enter places to check compliance with improvement notice
389. Power to enter place under approved inspection program
389A. Power to enter a prescribed facility—general
389B. Power to enter dwellings in residential aged care facilities
390. Power to enter health care facility
390A. Power to enter place to monitor compliance with ch 5A

Division 2 - Procedure for entry

391. Entry with consent
392. Entry of place under s 386, 387, 388A or 389
393. Entry of place under s 388
394. Application for warrant
395. Issue of warrant
396. Application by electronic communication and duplicate warrant
397. Defect in relation to a warrant
398. Warrants—procedure before entry

Division 3 - General powers

399. General powers after entering places
400. Failure to help authorised person
401. Failure to answer questions or give information

Division 4 - Vehicles

402. Stopping motor vehicle

Division 5 - Power to seize evidence

403. Seizing evidence at place that may be entered without consent or a warrant
404. Seizing evidence at a place that may only be entered with consent or warrant

Division 6 - Power to remove or reduce public health risk under a warrant

405. Power to remove or reduce public health risk after entering place

Division 7 - Recovery of costs and expenses

406. Cost of steps recoverable as a debt
407. Cost of steps by local government a charge over land

Division 8 - Dealing with seized things

408. Securing seized things
409. Tampering with seized things
410. Powers to support seizure
411. Authorised person may require thing’s return
412. Receipts for seized things
413. Forfeiture of seized things
414. Return of seized things
415. Access to seized things

Division 9 - Power to obtain information

416. Power to require name and address
417. Failure to give name or address
418. Power to require production of documents
419. Failure to produce document
420. Failure to certify copy of document

PART 3 - GENERAL ENFORCEMENT MATTERS

421. Notice of damage
422. Compensation
423. False or misleading statements
424. False or misleading documents
425. Obstructing authorised persons
426. Impersonation of authorised persons

PART 4 - APPROVED INSPECTION PROGRAMS

427. Approved inspection program
428. Notice of proposed inspection program
429. Access to program

PART 5 - ANALYSIS OF THINGS

430. Appointment and qualifications
431. Appointment conditions
432. When State analyst ceases to hold office
433. Resignation
434. Chief executive may approve laboratory
435. Analysis
436. Certificate must indicate methodology used

CHAPTER 10 - LEGAL PROCEEDINGS

PART 1 - APPLICATION

437. Application of ch 10

PART 2 - EVIDENCE

438. Appointments and authority
439. Signatures
440. Evidentiary provisions

PART 3 - PROCEEDINGS

441. Summary offences
442. Allegations of false or misleading information or document
443. Recovery of costs of investigation
444. Application for order for payment of costs under s 443
445. Forfeiture on conviction
446. Dealing with forfeited thing
447. Responsibility for acts or omissions of representative
448. Liability of executive officer—particular offences committed by corporation
449. Fines payable to local government

PART 4 - APPEALS

450. Who may appeal
451. Starting an appeal
452. Hearing procedures
453. Appeal to District Court

CHAPTER 11 - MISCELLANEOUS

PART 1 - ANNUAL REPORT ON PUBLIC HEALTH ISSUES

454. Chief executive to give Minister annual report

PART 1A - CIVIL LIABILITY FOR ASBESTOS-RELATED HARM

Division 1 - Preliminary

454A. Definitions for pt 1A

Division 2 - Protection from civil liability and indemnity

454B. Protecting prescribed persons from civil liability for asbestos-related harm
454C. Indemnifying local government against civil liability for asbestos-related harm
454CA. Local government must notify State of claim
454D. State may recover contribution in particular circumstances
454E. Limitation on indemnity

Division 3 - Indemnity conditions

454F. Purpose of div 3
454G. Training
454H. Compliance with Act, laws and guidelines
454I. Record-keeping

Division 4 - Annual compliance certificate

454J. Requirement for annual compliance certificate
454K. Acknowledgement of receipt of annual compliance certificate
454L. Evidentiary provision

PART 2 - OTHER PROVISIONS

455. Delegations
456. Protecting prescribed persons from liability
457. Public officials for Police Powers and Responsibilities Act
458. Approval of forms
459. Service of documents
460. Compliance with provisions about explaining and giving documents

PART 3 - REGULATIONS

461. Regulation-making power

CHAPTER 12 - SAVINGS AND TRANSITIONAL

PART 1 - SAVINGS AND TRANSITIONAL PROVISIONS FOR ACT NO. 48 OF 2005

462. Notifiable conditions
463. Notifiable Conditions Register
464. Order for removal or detention of person with notifiable disease
465. Order to cleanse and disinfect premises
466. Order closing a school
467. Mandatory reporting
468. Temporary custody of children
469. Abatement of nuisance
470. Notice relating to sewer, stormwater drain or sanitary convenience
471. Cancer notifications
472. Cancer registers
473. Continued obligation to give cancer return
474. Contractor
475. Further information may be required about cancer returns
476. Continuing obligation to give further information about cancer return
477. Pap Smear Register
478. Duty of director to give Pap smear information
479. Chief executive’s duty to send notice
480. Request to remove registered screening history
481. Request to change identifying information
482. Request for registered screening history
483. Agreement to send out notices
484. Designated health practitioners
485. Perinatal Statistics Collection
486. Notification about delivery
487. Further information about perinatal statistics
488. Notice to comply with standard about paint
489. Authority to conduct scientific research and studies
490. Offences
491. References to Health Act 1937

PART 2 - TRANSITIONAL PROVISION FOR HEALTH LEGISLATION (RESTRICTION ON USE OF COSMETIC SURGERY FOR CHILDREN AND ANOTHER MEASURE) AMENDMENT ACT 2008

492. When prohibition on performing cosmetic procedures on children does not apply

PART 3 - TRANSITIONAL PROVISIONS FOR HOSPITAL AND HEALTH BOARDS ACT 2011

493. Definitions for pt 3
494. Application for information for research

PART 4 - TRANSITIONAL PROVISION FOR HEALTH LEGISLATION AMENDMENT ACT 2013

495. Maternal Death Statistics Collection

PART 5 - SAVING PROVISION FOR HEALTH LEGISLATION AMENDMENT ACT 2020

496. Proceeding for particular offence

PART 6 - TRANSITIONAL PROVISIONS FOR PUBLIC HEALTH AND OTHER LEGISLATION (PUBLIC HEALTH EMERGENCY) AMENDMENT ACT 2020

497. Application of s 366
498. Proceedings against repealed s 362D or 362J

PART 7 - TRANSITIONAL PROVISION FOR COMMUNITY SERVICES INDUSTRY (PORTABLE LONG SERVICE LEAVE) ACT 2020

499. Application of s 362MD
500. (Repealed)
501. (Repealed)
502. (Repealed)
503. (Repealed)
504. (Repealed)
505. (Repealed)
506. (Repealed)

PART 8 - TRANSITIONAL AND VALIDATION PROVISIONS FOR PUBLIC HEALTH AND OTHER LEGISLATION (FURTHER EXTENSION OF EXPIRING PROVISIONS) AMENDMENT ACT 2021

Division 1 - Provisions for amendments commencing on assent

507. Validation of particular directions given by emergency officers
507A. Application of ch 8, pt 7A, div 6

Division 1A - Provisions applying on expiry of chapter 8, part 7A

507B. Application of division
507C. Interpretation
507D. Continuation of confidentiality requirements
507E. Continuation of limits on use of relevant information and derived evidence

Division 2 - Provision for amendments commencing by proclamation

508. Application of s 362ME

Division 3 - Provisions applying on expiry of chapter 8, part 7AA

509. Application of division
510. Interpretation
511. Continuation of liability under former s 362MD or 362ME arising before expiry
512. Liability under s 362ME arising on or after expiry
513. Continued application of former s 362MM
514. Continued application of ss 362MN and 362MO

PART 9 - TRANSITIONAL PROVISIONS FOR PUBLIC HEALTH AND OTHER LEGISLATION (COVID-19 MANAGEMENT) AMENDMENT ACT 2022

515. Application of part
516. Proceedings for particular offence
517. Continued application of s 142R
SCHEDULE 2

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