PUBLIC HEALTH ACT 2005 NO. 48

Queensland Numbered Acts

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PUBLIC HEALTH ACT 2005 NO. 48

TABLE OF PROVISIONS

Contents

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, chapter 15
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 magistrate's 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 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 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 the department
Division 3--Confidentiality of information and use of information supplied for contact tracing
104. Definitions for div 3
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
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 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--Obligations to minimise infection risks for declared health services
151. Obligations to minimise risk
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
Part 4--Reporting contraventions of chapter 4 to other entities
157. Chief executive may report contraventions

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 1--Directions about attendance of children at a school or child care service
161. When parent must not send a child to school or child care service
162. When teacher or carer 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 or child care 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 or child care service
167. Chief executive may authorise examination of children at school or child care 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 the department
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 or child care service
181. Temporary closure of school or child care service
Division 5--Appeals against order to close school or child care service
182. Appeals against Minister's order to close school or child care service
183. Appeals to District Court only on a question of law
Division 6--Licensee must ensure person complies with this part
184. Licensee 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--Notification of child abuse and neglect
191. Mandatory reporting—immediate notice
192. Mandatory reporting—follow-up notice
193. Offence
194. Further information may be required
195. Protection from liability for giving information to professional
196. Confidentiality of notifiers
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

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 approved quality assurance committee
228. Disclosure to allow chief executive to act
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 approved 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. Arrangements about transfer of information
Part 3--Pap smear register
Division 1--Definitions and application
251. Definitions for pt 3
252. Application of part
Division 2--Establishment and purposes of register
253. Pap Smear Register
254. Purposes of register
255. Women may elect to withhold, remove or change information in the register
Division 3--Duties of persons involved in obtaining and testing Pap smears and histological samples
256. Initial duty of person obtaining Pap smear or histological sample
257. Duty if woman elects for her identifying and clinical information not to be included in the register
258. Provider's duty if woman previously elected for information not to be included in the register
259. Duty of director to provide information
Division 4--Duties of chief executive concerning registered screening histories and authority to send notices
260. Duty of chief executive on receipt of information
261. Chief executive may send reminder notices to particular women
262. Chief executive may send reminder notice to woman's health practitioner
263. Duty of chief executive to remove registered screening history
264. Duty of chief executive to change identifying information
265. Chief executive may request information
Division 5--Confidentiality of, and access to, registered screening histories of women
266. Confidentiality of information
267. Disclosure under an Act or another law
268. Disclosures about woman's registered screening history
269. Disclosure to Commonwealth, another State or Commonwealth or State entity
270. Disclosure to approved quality assurance committee
271. Disclosure to allow chief executive to act
272. Access to register by health practitioners
273. Access to register by directors of, and nominated persons at, pathology laboratories
274. Unauthorised access to registered screening histories
275. Health practitioners, directors and nominated persons to keep registered screening histories confidential
276. Chief executive to monitor access to information
Division 6--Agreements and arrangements about confidential information, and designation of particular persons
277. Agreements for sending out notices under ss 260, 261 and 262
278. Arrangements about transfer of information
279. Chief executive may designate particular persons as health practitioners
Part 4--Research
Division 1--Definitions
280. Definitions for pt 4
Division 2--Health information held by the department 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 the department
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 the department

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 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 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 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. Who may appeal
373. Starting an appeal
374. Hearing procedures
375. Appeal to District Court

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
389. Power to enter place under approved inspection program
390. Power to enter health care facility
Division 2--Procedure for entry
391. Entry with consent
392. Entry of place under s 386, 387 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
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. Executive officers must ensure corporation complies with Act
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 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

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

CHAPTER 13--CONSEQUENTIAL AND OTHER AMENDMENTS

492. Acts amended
SCHEDULE 1 CONSEQUENTIAL AMENDMENTS
SCHEDULE 2 DICTIONARY

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