Public Health Regulation 2018

1Short title

This regulation may be cited as the Public Health Regulation 2018.

2Commencement

This regulation commences on 1 September 2018.

3Dictionary

The dictionary in schedule 8 defines particular words used in this regulation.

4Purpose and application of division

This division prescribes, under section 61(1)(c) of the Act, measures to prevent and control the public health risk mentioned in section 11(1)(b)(viii) of the Act in relation to the dispersal or release of asbestos fibres.

5Definitions for division

In this division—

ACM means any material, object, product or debris containing asbestos.

associated asbestos waste means—

(a)ACM, other than a sample of ACM removed for scientific testing, that is removed in a non-workplace area, including ACM dust; or

(b)disposable items contaminated with ACM that is removed in a non-workplace area.

Examples for paragraph (b)—

personal protective equipment, plastic sheeting and rags used for cleaning

bonded ACM means ACM, other than friable ACM, that contains a bonding compound reinforced with asbestos fibres.

Examples—

asbestos cement pipes, flat or corrugated asbestos cement sheets consisting of sand and cement reinforced with asbestos fibres

friable ACM means ACM that, when dry, can be crumbled, pulverised or reduced to powder by hand pressure.

non-workplace area means a place other than a workplace under the Work Health and Safety Act 2011.

prescribed work means—

(a)doing any of the following in relation to ACM located in a non-workplace area—

(i)breaking;

(ii)cleaning;

(iii)cutting;

(iv)maintaining;

(v)removing;

(vi)repairing;

(vii)storing;

(viii)using; or

(b)separating associated asbestos waste from other waste.

remove, in relation to ACM, includes move the ACM from the position where it was installed immediately before 18 June 2007.

Example of removing ACM—

moving a sheet of ACM to access an area for maintenance

6Administration and enforcement of division

This division is to be administered and enforced by local governments only.

7Removal of friable ACM

A person must not remove friable ACM located in a non-workplace area unless the person holds a class A asbestos removal licence under the Work Health and Safety Regulation 2011.

Maximum penalty—100 penalty units.

8Removal of bonded ACM

(1)A person must not remove a quantity of bonded ACM of more than 10m² located in a non-workplace area unless the person holds a current certificate under this section.

Maximum penalty—100 penalty units.

(2)The chief executive may establish or approve arrangements under which a person who finishes training about safely removing bonded ACM satisfactory to the chief executive, in competencies decided by the chief executive, may obtain a certificate.

Examples—

1The chief executive approves a particular statement of attainment issued by a registered training organisation as a certificate under this section.

2The chief executive establishes an interactive training course on the internet that issues certificates under this section to persons who successfully finish the course.

(3)To remove any doubt, it is declared that if more than 1 person is removing the bonded ACM, subsection (1) applies to each of the persons.

(4)In this section—

current certificate, held by a person, means a certificate—

(a)the person obtained under arrangements established or approved by the chief executive under subsection (2); and

(b)while the certificate is in effect under the arrangements.

9Cleaning or cutting ACM

(1)A person must not—

(a)use a power tool, or a device attached to a power tool, to cut or clean ACM located in a non-workplace area; or

Examples—

•using an electric sander to remove paint from asbestos cement sheeting

•using an angle grinder to cut asbestos cement pipes

(b)use a high pressure water process to clean ACM located in a non-workplace area; or

Example—

using a water blaster to clean an asbestos cement roof

(c)use compressed air to clean ACM, or a surface where ACM is present, located in a non-workplace area.

Examples—

•using compressed air to clean an area after working with asbestos cement sheeting

•using compressed air to clean the brake drums of a car

Maximum penalty—100 penalty units.

(2)In this section—

power tool means—

(a)an electric, battery, hydraulic, fuel or pneumatic powered tool; but

(b)does not include a battery powered drill that is operating at less than 650rpm.

10Requirement to seal bonded ACM if broken

(1)This section applies if—

(a)a person is carrying out prescribed work in a non-workplace area in relation to bonded ACM; and

(b)the bonded ACM is broken.

(2)The person must ensure a broken surface of the bonded ACM that is not being removed from the non-workplace area is sealed.

Example of sealing a broken surface of bonded ACM—

applying paint or PVA glue to the surface

Maximum penalty—100 penalty units.

11Requirement to take reasonable measures to minimise release of asbestos fibres

(1)A person who carries out prescribed work in a non-workplace area must take reasonable measures to minimise—

(a)the risk of asbestos fibres being released; and

(b)the associated hazard to the health of the person and any other person.

Maximum penalty—100 penalty units.

(2)For subsection (1), reasonable measures may include any of the following—

(a)spraying water or a coat of PVA glue on ACM or other associated asbestos waste;

(b)using vacuum cleaning equipment that complies with AS/NZS 60335.2.69 to collect asbestos fibres;

(c)cleaning all equipment that is contaminated with ACM;

(d)using a wet cloth to wipe away dust that may have originated from ACM;

(e)ensuring, as far as practicable, that ACM is not broken or abraded;

(f)wearing personal protective equipment to minimise exposure to airborne asbestos fibres;

(g)collecting and handling associated asbestos waste separately from other waste.

(3)Subsection (2) does not limit what might be reasonable measures.

(4)In this section—

AS/NZS 60335.2.69 means AS/NZS 60335.2.69:2017 ‘Household and similar electrical appliances—Safety’ Part 2.69 ‘Particular requirements for wet and dry vacuum cleaners, including power brush, for commercial use’ (2017).

12Packaging and disposal of associated asbestos waste

(1)A person who carries out prescribed work in a non-workplace area must ensure all associated asbestos waste is packaged and disposed of in the way mentioned in subsection (2) as soon as practicable, but within 5 business days, after carrying out the work.

Maximum penalty—100 penalty units.

(2)The associated asbestos waste must be—

(a)either—

(i)double wrapped in plastic sheeting that is at least 0.2mm thick and sealed with adhesive tape; or

(ii)double bagged in plastic bags that are at least 0.2mm thick, and no more than 1200mm long and 900mm wide, and sealed with adhesive tape; and

(b)labelled with a clearly visible warning that states—

(i)the packaging contains asbestos; and

(ii)damage to the packaging and dust inhalation should be avoided; and

Example of warning—

‘CAUTION—ASBESTOS

DO NOT DAMAGE OR OPEN BAG

DO NOT INHALE DUST

CANCER AND LUNG DISEASE HAZARD’

(c)disposed of at a site approved by a local government for the disposal of asbestos waste.

13Prohibition on selling or giving away ACM

A person must not sell or give away ACM removed from a non-workplace area.

Maximum penalty—100 penalty units.

14Purpose of division—Act, s 61

This division prescribes, under section 61(1)(b) and (c) of the Act, measures to—

(a)control mosquitoes; and

(b)prevent and control the public health risks mentioned in section 11(1)(a) and (b)(i) of the Act in relation to mosquitoes.

Note—

Mosquitoes are defined as designated pests in schedule 2 of the Act.

15Definitions for division

In this division—

mosquito includes—

(a)a mosquito egg, larva and pupa; and

(b)an adult mosquito.

relevant person, for a place, means—

(a)an occupier of the place; or

(b)if no-one occupies the place—an owner of the place.

relevant tank means a tank or other receptacle that is used or intended to be used to hold or store water or another liquid in which mosquitoes can breed.

Example—

rainwater tank

16Administration and enforcement of division

This division is to be administered and enforced by local governments only.

17Requirement to ensure place is not a breeding ground for mosquitoes

(1)A relevant person for a place must ensure water or another liquid that has accumulated at the place is not a breeding ground for mosquitoes.

Maximum penalty—40 penalty units.

(2)For subsection (1), it is irrelevant whether the accumulation is artificial, natural, permanent or temporary.

(3)In a proceeding for an offence against subsection (1), it is a defence for the defendant to prove that the defendant took all reasonable steps to comply with subsection (1).

(4)In this section—

breeding ground, for mosquitoes, means a place where mosquito eggs, larvae or pupae are present.

Examples of places where liquid may accumulate and be a breeding ground for mosquitoes—

bromeliads, containers, ditches, drains, gutters, car bodies, ponds, swimming and tidal pools, sump traps, tyres, tubs, water features

18Construction, installation and maintenance of a relevant tank

(1)A person must not construct a relevant tank unless the tank complies with the mosquito-proofing requirements.

Maximum penalty—40 penalty units.

(2)A person must not install a relevant tank, whether above or below ground, unless the tank complies with the mosquito-proofing requirements.

Maximum penalty—40 penalty units.

(3)A relevant person for a place at which a relevant tank is installed must ensure the tank is maintained so it continues to comply with the mosquito-proofing requirements.

Maximum penalty—40 penalty units.

(4)The mosquito-proofing requirements for a relevant tank are that, at each opening of the tank, the tank must have—

(a)a screen that—

(i)is made of brass, copper, aluminium or stainless steel gauze; and

(ii)has a mesh size of not more than 1mm; and

(iii)is installed in a way that does not cause or accelerate corrosion; and

(iv)stops mosquitoes passing through the openings; or

(b)a flap valve that, when closed, stops mosquitoes passing through the opening.

19Offence to damage screen or flap valve

(1)A person must not destroy, damage or remove a mosquito-proof screen or flap valve fixed to a relevant tank.

Maximum penalty—40 penalty units.

(2)However, subsection (1) does not apply to a person who removes the mosquito-proof screen or flap valve to carry out maintenance, if the screen or flap valve is replaced immediately after the maintenance is finished.

(3)In this section—

mosquito-proof screen means a screen mentioned in section 18(4)(a).

20Purpose of division—Act, s 61

This division prescribes, under section 61(1)(b) and (c) of the Act, measures to—

(a)control rats and mice; and

(b)prevent and control the public health risks mentioned in section 11(1)(a) and (b)(i) of the Act in relation to rats and mice.

Note—

Rats and mice are defined as designated pests in schedule 2 of the Act.

21Definition for division

In this division—

relevant structure means any of the following—

(a)a building;

(b)a drain;

(c)a pipe connected to a building;

(d)a retaining wall;

(e)a wharf.

22Administration and enforcement of division

This division is to be administered and enforced by local governments only.

23Requirement for owner of relevant structure

(1)An owner of a relevant structure must take reasonable steps to stop rats and mice entering the structure.

Maximum penalty—40 penalty units.

(2)For subsection (1), reasonable steps may include the following—

(a)sealing or covering any holes or gaps in the exterior surface of the structure;

Examples—

•covering a gap in the floor or an external wall of a house with timber

•filling a hole in the cladding of a brick house with mortar or covering it with a metal plate screwed to the wall

•covering a hole securely with wire, or another covering, designed to stop rats and mice from passing through

(b)securely fitting a cover, grate or plug in a covered pipe or drain, including a disused pipe or drain;

(c)removing a disused pipe or drain.

(3)This section does not apply in relation to a rat or mouse kept under section 26.

24Offence to damage screen etc. on relevant structure

(1)A person must not destroy, damage or remove a screen or other object that has been fixed to a relevant structure to stop rats and mice entering the structure.

Maximum penalty—40 penalty units.

(2)However, subsection (1) does not apply to a person who removes the screen or other object to carry out maintenance, if the screen or object is replaced immediately after the maintenance is finished.

25Requirement to ensure rats or mice do not live or breed on land around dwelling

(1)A relevant person for land around a dwelling must ensure—

(a)rats or mice are not harboured on the land; and

(b)the land is not a breeding ground for rats or mice.

Maximum penalty—40 penalty units.

(2)In a proceeding for an offence against subsection (1), it is a defence for the defendant to prove that the defendant took all reasonable steps to comply with subsection (1).

(3)This section does not apply in relation to a rat or mouse kept under section 26.

(4)In this section—

relevant person, for land around a dwelling, means—

(a)an occupier of the dwelling; or

(b)if no-one occupies the dwelling—an owner of the dwelling.

26Requirements about keeping rat or mouse for particular purposes

(1)This section applies to a person who keeps a rat or mouse—

(a)as a pet; or

(b)at a laboratory for medical, research, scientific or teaching purposes; or

(c)for the purpose of selling the rat or mouse, giving it away or using it as a food source for other animals.

(2)The person must keep the rat or mouse in an enclosure from which it can not escape.

Maximum penalty—40 penalty units.

(3)This section does not limit a local law about keeping rats or mice.

27Invasive procedures

(1)For section 11(1)(b)(xi) of the Act, an activity associated with, or part of, an invasive procedure that may expose a person to an infectious condition is prescribed.

(2)The Act is to be administered and enforced for the public health risk mentioned in subsection (1) by the State only.

(3)In this section—

invasive procedure see section 147 of the Act.

27AParticular place used in unlawfully producing dangerous drug—Act, ss 11 and 18

(1)For section 11(1)(b)(xi) of the Act, a place is prescribed if—

(a)a dangerous drug has or may have been unlawfully produced at the place or a part of the place; or

(b)a police officer has seized, under the Police Powers and Responsibilities Act 2000, from the place, or a part of the place, a chemical or equipment that has or may have been used to unlawfully produce a dangerous drug.

Example—

a house from which a chemical or equipment commonly used to produce methylamphetamine is seized by a police officer

(2)For section 18 of the Act, the Act is to be administered and enforced for the public health risk mentioned in subsection (1) by local governments only.

(3)In this section—

dangerous drug see the Drugs Misuse Act 1986, section 4.

produce means prepare, manufacture, cultivate, package or produce.

unlawfully means without authorisation, justification or excuse by law.

s 27A ins 2019 SL No. 35 s 5

28Prescribed test for Legionella

(1)For section 61A of the Act, definition prescribed test, a test for Legionella is prescribed if the test—

(a)quantifies the number of Legionella colony forming units in a sample tested; and

(b)is carried out by a laboratory that is accredited to carry out the test.

(2)In this section—

accredited, for a laboratory to carry out a test for Legionella, means a laboratory accredited as complying with ISO/IEC 17025 to carry out the test by—

(a)the National Association of Testing Authorities Australia ACN 004 379 748; or

(b)another entity the chief executive is satisfied is appropriately qualified to accredit a laboratory as complying with ISO/IEC 17025.

ISO/IEC 17025 means the standard in relation to the competence of testing and calibration laboratories published jointly by the International Organization for Standardization and the International Electrotechnical Commission as in force from time to time under that designation (regardless of the edition or year of publication of the standard).

29Prescribed requirement for water risk management plans—Act, s 61D

For section 61D(g) of the Act, a water risk management plan for a prescribed facility must identify the person, by position title, who is responsible for complying with sections 61H and 61I of the Act for the facility.

30Prescribed reporting period—Act, s 61I

(1)For section 61I(3) of the Act, definition reporting period, the period is the shorter of the following—

(a)a quarter;

(b)the period stated in a notice given to the prescribed facility by the chief executive.

(2)In this section—

quarter means a 3-month period ending on 31 March, 30 June, 30 September or 31 December.

31Notifiable conditions and types of notifiable conditions

(1)For section 64(1) of the Act, each medical condition mentioned in schedule 1, column 1 is a notifiable condition.

(2)A notifiable condition is of the following type if a mark opposite the condition in schedule 1 identifies it as a condition of that type—

(a)for a mark opposite the condition in column 2—a clinical diagnosis notifiable condition;

(b)for a mark opposite the condition in column 3—a pathological diagnosis notifiable condition;

(c)for a mark opposite the condition in column 4—a pathology request notifiable condition;

(d)for a mark opposite the condition in column 5—a provisional diagnosis notifiable condition;

(e)for a mark opposite the condition in column 6—a controlled notifiable condition.

Note—

See section 62 of the Act, definitions clinical diagnosis notifiable condition, pathological diagnosis notifiable condition, pathology request notifiable condition, provisional diagnosis notifiable condition and sections 63 and 64 of the Act.

32Requirements for notice of particular notifiable conditions—Act, ss 70–73

(1)This section prescribes requirements for a notice to the chief executive about any of the following—

(a)a clinical diagnosis notifiable condition or a provisional diagnosis notifiable condition under section 70 or 71 of the Act;

(b)a pathological diagnosis notifiable condition under section 72 of the Act;

(c)a pathology request notifiable condition under section 73 of the Act.

(2)The notice must be given by fax, email or other electronic means.

(3)Also, the notice must be given—

(a)if the condition is mentioned in schedule 2—immediately after the examination, pathological examination or receipt of the request; or

(b)otherwise—within 48 hours after the examination, pathological examination or receipt of the request.

33Prescribed agreements—Act, s 84

(1)Each agreement mentioned in schedule 3, part 1, division 1 is prescribed for section 84(1)(a)(i)(B) of the Act.

(2)Each agreement mentioned in schedule 3, part 1, division 2 is prescribed for section 84(1)(b)(i)(B) of the Act.

34ICMP not required for prescribed health care facilities—Act, ss 153 and 154

(1)For section 153(3) of the Act, the following types of health care facility are prescribed—

(a)a health care facility owned by a local government, if the operator of the health care facility—

(i)performs an immunisation service at the health care facility; and

(ii)has developed and implemented an occupational exposure policy and a sharps disposal policy for the health care facility;

(b)a health care facility accredited—

(i)against the ‘Standards for general practices’ developed by the Royal Australian College of General Practitioners; and

(ii)by an entity approved by the commission to accredit health care facilities against the standards.

(2)For section 154(3) of the Act, the following types of health care facility are prescribed—

(a)a health care facility owned and operated by a local government, if the local government—

(i)performs an immunisation service at the health care facility; and

(ii)has developed and implemented an occupational exposure policy and a sharps disposal policy for the health care facility;

(b)a health care facility accredited—

(i)against the ‘Standards for general practices’ developed by the Royal Australian College of General Practitioners; and

(ii)by an entity approved by the commission to accredit health care facilities against the standards.

(3)In this section—

commission means the Australian Commission on Safety and Quality in Health Care established under the National Health Reform Act 2011 (Cwlth), section 8.

occupational exposure policy means a document stating the minimum procedures for the immediate assessment, management and follow-up of a person exposed to bloodborne viruses or other infectious agents from blood or another bodily fluid from a work related activity.

sharps disposal policy means a document stating the minimum procedures for disposing of objects or devices capable of inflicting a penetrating injury, known as sharps, to minimise—

(a)the risk of injury to a person; and

(b)the transmission of bloodborne viruses and other infectious agents to a person.

35Contagious conditions

For section 158 of the Act, definition contagious condition, each condition mentioned in schedule 4, part 2, column 1 is a contagious condition.

36Prescribed period for a contagious condition—Act, s 160

(1)The prescribed period for a contagious condition for a child suspected under chapter 5 of the Act of having the condition is the period that starts and ends as stated opposite the condition in schedule 4, part 2, columns 2 and 3.

(2)Subsection (3) states the prescribed period for a contagious condition for a child who does not have the condition but who is suspected under chapter 5 of the Act of—

(a)not having been vaccinated for the condition; and

(b)being at risk of contracting the condition if the child continues to attend a school, education and care service or QEC approved service.

(3)The period starts and ends as stated opposite the condition in schedule 4, part 3, columns 2 and 3.

37Vaccine preventable conditions

For section 158 of the Act, definition vaccine preventable condition, each condition mentioned in schedule 5 is a vaccine preventable condition.

38Requirements for vaccination

(1)For section 158 of the Act, definition vaccinated, the way for vaccinating a child for a vaccine preventable condition is for the child to receive all vaccinations for the condition recommended for the child’s age in the National Immunisation Program Schedule Queensland.

(2)In this section—

National Immunisation Program Schedule Queensland means the schedule for age appropriate immunisation for vaccine preventable conditions published on the department’s website.

39Prescribed information for school health programs—Act, s 213AD

For section 213AD(1)(c) of the Act, the following information about a student is prescribed—

(a)the sex of the student;

(b)the school’s class or group to which the student belongs;

(c)the language spoken at home by the student;

(d)whether the student identifies as an Aboriginal person or a Torres Strait Islander.

40Procedures that are not cosmetic procedures—Act, s 213A

For section 213A(2) of the Act, the following procedures are not cosmetic procedures for chapter 5A of the Act—

(a)a procedure involving the removal of a polypoid outgrowth of both epidermis and dermal fibrovascular tissue, also known as a skin tag;

(b)a procedure involving the reshaping of the external structure of the ear, also known as otoplasty;

(c)a procedure involving the reshaping of a hand or foot that is polydactyl or syndactyl;

(d)a procedure involving the circumcision of the penis;

(e)a procedure involving the correction of disfiguring scarring resulting from a medical condition, illness or trauma;

(f)a procedure involving the removal of a naevus that is disfiguring, melanotic or interferes with the function of a part of the human body;

(g)a procedure involving the removal of a tattoo;

(h)a procedure that—

(i)is part of a plan to treat a child; and

(ii)involves cranio-facial surgery, orthognathic surgery or otolaryngological surgery to correct a deformity, congenital abnormality or the physical effect of a medical condition, illness or trauma;

(i)a procedure to correct a deformity, congenital abnormality or the physical effect of a medical condition, illness or trauma that is—

(i)a mammaplasty; or

(ii)a genioplasty; or

(iii)a rhinoplasty.

41Prescribed time for notifying about delivery—Act, s 217

For section 217 of the Act, the time is within 35 days after the day of the delivery.

42Prescribed agreements—Act, s 226

Each agreement mentioned in schedule 3, part 2 is prescribed for section 226(1)(a)(i)(B) of the Act.

43Prescribed time for notifying about maternal death—Act, s 228F

For section 228F(2) of the Act, the time is within 60 days after the health professional becomes aware of the death.

44Prescribed agreements—Act, s 228O

Each agreement mentioned in schedule 3, part 2 is prescribed for section 228O(1)(a)(i)(B) of the Act.

45Non-notifiable types of skin cancer and non-invasive carcinoma

For section 229 of the Act, definition cancer, paragraph (b), the following types of skin cancer and non-invasive carcinoma are prescribed—

(a)basal cell carcinoma of the skin;

(b)squamous cell carcinoma of the skin;

(c)benign neoplasm that is not a central nervous system or brain tumour.

46Prescribed person for keeping register—Act, s 232

For section 232(1) of the Act, the Metro South Hospital and Health Service established and named under the Hospital and Health Boards Act 2011, section 17 is prescribed.

47Prescribed time for giving notification about cancer—Act, s 234

The time is—

(a)for section 234(1)(b) of the Act—within 30 days after the pathological examination; or

(b)for section 234(3) of the Act—within 30 days after the separation or cessation.

48Prescribed agreements—Act, s 244

Each agreement mentioned in schedule 3, part 3 is prescribed for section 244(1)(a)(i)(B) of the Act.

49Clinical information

(1)For section 251 of the Act, definition clinical information, paragraph (b), the information about a woman is—

(a)the date and result of each vaginal vault smear test for the woman; and

(b)whether a Pap smear, vaginal vault smear, histological sample or HPV sample was obtained from the woman; and

(c)the following details about the provider who performed the procedure to obtain the Pap smear, vaginal vault smear, histological sample or HPV sample—

(i)if the provider is a doctor—the provider’s name, postal address and provider number;

(ii)if the provider is not a doctor—the provider’s name and postal address; and

(d)the number used by the pathology laboratory to identify the provider’s request for testing the Pap smear, vaginal vault smear, histological sample or HPV sample; and

(e)the code used by the pathology laboratory to identify the woman; and

(f)the code, known as the accession code, used by the pathology laboratory to identify the Pap smear, vaginal vault smear, histological sample or HPV sample; and

(g)if the pathology laboratory uses a code, known as a recommendation code, to identify a recommendation made to a provider for the Pap smear test, vaginal vault smear test, histology test or HPV test after testing the smear or sample—the code; and

(h)the date the final result of the Pap smear test, vaginal vault smear test, histology test or HPV test is given to the provider, whether or not preliminary results have also been given to the provider.

(2)In this section—

provider number see the Health Insurance Regulations 1975 (Cwlth), regulation 2.

vaginal vault smear means the cells scraped from the top of the vagina of a woman who has had her cervix removed for detecting whether the woman has had a recurrence of squamous intraepithelial abnormalities of her vaginal vault.

vaginal vault smear test means the process for testing a vaginal vault smear to detect the recurrence of squamous intraepithelial abnormalities of the vaginal vault.

div hdg ins 2019 SL No. 117 s 14

49ANotifiable dust lung disease—Act, s 279AA

For section 279AA of the Act, definition notifiable dust lung disease—

(a)each of the following respiratory diseases is prescribed—

(i)cancer;

(ii)chronic obstructive pulmonary disease, including chronic bronchitis and emphysema;

(iii)pneumoconiosis, including asbestosis, coal worker’s pneumoconiosis, mixed-dust pneumoconiosis and silicosis; and

(b)the type of dust prescribed is inorganic dust.

s 49A ins 2019 SL No. 117 s 14

49BPrescribed medical practitioners—Act, s 279AA

For section 279AA of the Act, definition prescribed medical practitioner, the prescribed class of persons is medical practitioners registered under the Health Practitioner Regulation National Law as specialist health practitioners in either of the following specialties or specialty fields—

(a)occupational and environmental medicine;

(b)respiratory and sleep medicine.

s 49B ins 2019 SL No. 117 s 14

49CPrescribed period—Act, s 279AF

For section 279AF(2) of the Act, the prescribed period is 30 days from the day the prescribed medical practitioner diagnoses the person as having a notifiable dust lung disease.

s 49C ins 2019 SL No. 117 s 14

50Definitions for part

In this part—

approved drinking water quality management plan see the Water Supply (Safety and Reliability) Act 2008, schedule 3.

approved recycled water management plan see the Water Supply (Safety and Reliability) Act 2008, schedule 3.

cfu means colony forming units.

class, of recycled water, means recycled water that meets the standard for the quality of water of that class prescribed under division 2.

drinking water service see the Water Supply (Safety and Reliability) Act 2008, schedule 3.

management plan, for water, means—

(a)the approved drinking water quality management plan for the drinking water service under which the water is supplied; or

(b)the approved recycled water management plan for the recycled water scheme under which the water is supplied.

MPN means most probable number.

pfu means plaque forming units.

physical and chemical guideline table means the table that states guideline values for physical and chemical characteristics of drinking water in chapter 10 of the document called the ‘Australian Drinking Water Guidelines’ published by the NHMRC.

preceding 1-year period, for a month, means the period of 1 year ending at the end of the previous month.

radiological guideline table means the table that states a guideline value for the radiological quality of drinking water in chapter 10 of the document called the ‘Australian Drinking Water Guidelines’ published by the NHMRC.

recycled water has the meaning given by the Water Supply (Safety and Reliability) Act 2008, schedule 3, definition recycled water, paragraph (a).

recycled water scheme see the Water Supply (Safety and Reliability) Act 2008, schedule 3.

resample, of water, means a sample of water taken because an earlier sample of water was not of the quality required under the management plan for the water.

51Standards for the quality of water and management of water quality

(1)This division prescribes standards for the quality of water and requirements for the management of the quality of water.

(2)For the Water Supply (Safety and Reliability) Act 2008, schedule 3, definition water quality criteria, paragraphs (a)(i) and (b)(i)—

(a)section 52(3), (4), (5) and (6) prescribes standards for the quality of drinking water; and

(b)sections 53(2) and (3), 56(1), 57(1) and (3), 58(2) and 59(2) prescribe standards for the quality of recycled water.

52Quality standard for drinking water

(1)Drinking water in a drinking water service must be tested for the presence of—

(a)Escherichia coli at the frequency stated in subsection (2); and

(b)each required parameter at the frequency stated in the management plan for the water.

(2)For subsection (1)(a), the frequency is—

(a)if the drinking water service supplies drinking water to more than 100,000 people—

(i)6 samples a week; and

(ii)for each 10,000 people supplied by the service over 100,000 people—1 additional sample a month; or

(b)if the service supplies drinking water to more than 5,000 people but not more than 100,000 people—

(i)1 sample a week; and

(ii)for each 5,000 people supplied by the service over 5,000 people—1 additional sample a month; or

(c)if the service supplies drinking water to more than 1,000 people but not more than 5,000 people—1 sample a week; or

(d)if the service supplies drinking water to 1,000 people or less—1 sample a month.

(3)Escherichia coli must not be detected in a sample, of a minimum of 100mL, of drinking water.

(4)If the quality of drinking water has been tested for Escherichia coli for at least 1 year under this section—

(a)each month, the samples taken to test for Escherichia coli, other than resamples, during the preceding 1-year period must be reviewed; and

(b)Escherichia coli must not be detected in at least 98% of the samples reviewed.

(5)Each sample of drinking water must not contain an amount of an ADWG parameter more than the guideline value for health for the parameter stated in the physical and chemical guideline table.

(6)Each sample of drinking water must comply with the guideline value for radioactivity stated in the radiological guideline table.

(7)Subsections (5) and (6) apply to drinking water tested for an ADWG parameter or radioactivity, whether or not the management plan for the water required the water to be tested for the parameter or radioactivity.

(8)In this section—

ADWG parameter means a parameter that has a guideline value for health stated in the physical and chemical guideline table.

required parameter means an ADWG parameter or radioactivity that water is required to be tested for under the management plan for the water.

53Quality standard for recycled water intended to augment a supply of drinking water

(1)Recycled water that is intended to augment a supply of drinking water must be tested for the presence of each required parameter at the frequency required under the management plan for the water.

(2)Each sample of the water must—

(a)for a microorganism stated in schedule 6, part 1—contain less of the microorganism than the value stated opposite the microorganism in schedule 6, part 1; and

(b)for a chemical parameter stated in schedule 6, part 2—not contain more of the parameter than the value stated opposite the parameter in schedule 6, part 2; and

(c)for an ADWG parameter—not contain more of the parameter than the guideline value for health for the parameter stated in the physical and chemical guideline table; and

(d)not contain detectable viral, bacterial or protozoan pathogens.

(3)Each sample of the water must comply with the guideline value for radioactivity stated in the radiological guideline table.

(4)Subsections (2) and (3) apply to water tested for a microorganism, parameter or pathogen or for radioactivity, whether or not the management plan for the water required the water to be tested for the microorganism, parameter or pathogen or for radioactivity.

(5)In this section—

ADWG parameter—

(a)means a parameter for which a guideline value for health is stated in the physical and chemical guideline table; but

(b)does not include a microorganism or chemical parameter stated in schedule 6.

required parameter means each parameter of the following types of parameter that the water is required to be tested for under the management plan for the water—

(a)a microorganism;

(b)a chemical parameter;

(c)an ADWG parameter;

(d)a pathogen;

(e)radioactivity.

54Standard for recycled water intended to augment a supply of drinking water—supply and storage

Recycled water intended to augment a supply of drinking water must be—

(a)supplied into an aquifer, lake, watercourse or wetlands, or a dam on a watercourse; and

(b)stored under conditions that allow for sufficient management of any risk to the health of the public from the recycled water quality.

55Management of the quality of recycled water intended to augment a supply of drinking water—assessment and reporting

(1)This section applies—

(a)if a sample of recycled water intended to augment a supply of drinking water is tested by a provider—

(i)for a microorganism, chemical parameter, ADWG parameter or pathogen mentioned in section 53(2) and the test shows that the quality of the water does not comply with section 53(2); or

(ii)for radioactivity and the test shows that the quality of the water does not comply with section 53(3); and

(b)whether or not the management plan for the water required the water to be tested for the microorganism, parameter or pathogen or for radioactivity.

(2)The provider must perform an assessment of the risks to the health of the public from the quality of the water and give a report about the assessment to the chief executive within 10 business days after the result of the test is known.

(3)In this section—

provider means—

(a)for water supplied under a single-entity recycled water scheme under the Water Supply (Safety and Reliability) Act 2008—the recycled water provider for the scheme under that Act; or

(b)for water supplied under a multiple-entity recycled water scheme under the Water Supply (Safety and Reliability) Act 2008—the scheme manager or a declared entity for the scheme under that Act.

56Quality standard for recycled water for irrigation of minimally processed food crops

(1)Recycled water supplied for irrigating a minimally processed food crop mentioned in schedule 7 must be of the class stated opposite the crop and method of irrigation in schedule 7.

(2)In this section—

minimally processed food crop means a crop for a food product that—

(a)may be eaten raw; or

(b)will only be minimally processed.

Examples of minimal processing—

washing, cutting, peeling, packaging

57Quality standard for recycled water supplied for a dual reticulation system

(1)Recycled water supplied for a dual reticulation system must be class A+ recycled water.

(2)Also, recycled water supplied for a dual reticulation system must be tested to measure the turbidity of the water and the chlorine residual in the water at the frequency required under the management plan for the water.

(3)The recycled water must have—

(a)a turbidity of less than 2 NTU; and

(b)a chlorine residual of 0.5mg/L or more.

(4)In this section—

chlorine residual means the amount of free chlorine remaining in water after the water has been treated with chlorine.

dual reticulation system see the Water Supply (Safety and Reliability) Act 2008, schedule 3.

free chlorine means chlorine in water that is not combined with any other chemical compound.

NTU means nephelometric turbidity units.

58Quality standard for class A+ recycled water

(1)Recycled water that is to be supplied as class A+ recycled water must be tested for the presence of each of the following (each a class A+ parameter) at the frequency required under the management plan for the water—

(a)Clostridium perfringens spores;

(b)Escherichia coli;

(c)F-specific RNA coliphages;

(d)somatic coliphages.

(2)If the quality of the water has been tested for a class A+ parameter for at least 1 year under the management plan for the water—

(a)each month, the samples of water, other than resamples, taken to test for the class A+ parameter during the preceding 1-year period must be reviewed; and

(b)at least 95% of the samples reviewed must contain less than the following amounts of the class A+ parameter—

(i)for Clostridium perfringens spores—1 cfu/100mL or MPN/100mL;

(ii)for Escherichia coli—1 cfu/100mL or MPN/100mL;

(iii)for F-specific RNA coliphages—1 pfu/100mL;

(iv)for somatic coliphages—1 pfu/100mL.

59Quality standard for class A, B, C or D recycled water

(1)Recycled water that is to be supplied as class A, B, C or D recycled water must be tested for the presence of Escherichia coli at the frequency required under the management plan for the water.

(2)If the quality of the water has been tested for Escherichia coli for at least 1 year under the management plan for the water—

(a)each month, the samples of water, other than resamples, taken to test for Escherichia coli during the preceding 1-year period must be reviewed; and

(b)at least 95% of the samples reviewed must contain less than the following amounts of Escherichia coli—

(i)for class A recycled water—10 cfu/100mL or MPN/100mL;

(ii)for class B recycled water—100 cfu/100mL or MPN/100mL;

(iii)for class C recycled water—1,000 cfu/100mL or MPN/100mL;

(iv)for class D recycled water—10,000 cfu/100mL or MPN/100mL.

60Paint—Act, s 60

(1)For section 60 of the Act, the prescribed standard is the current Poisons Standard, part 2.

(2)In this section—

current Poisons Standard see the Therapeutic Goods Act 1989 (Cwlth), section 52A(1).

s 60 sub 2019 SL No. 117 s 15

61Emergency officers (general)—Act, s 333

For section 333(1)(e) of the Act, ambulance officers under the Ambulance Service Act 1991 are prescribed.

62Prescribed training for indemnity conditions—Act, s 454G

(1)For section 454G of the Act, training approved by the chief health officer that includes information about the following matters is prescribed—

(a)the regulatory environment for controlling asbestos risks in Queensland;

(b)asbestos products and likely uses in domestic settings;

(c)the health risks of exposure to asbestos;

(d)assessing the health risks and risk control measures;

(e)applying regulatory measures under the Act to control asbestos risk.

(2)For the purpose of approving training under subsection (1), the chief health officer may have regard to any relevant matter, including, for example—

(a)the content and quality of the curriculum for the training, including its relevance to the powers and functions of an authorised person; and

(b)the qualifications, knowledge and experience of the person who is to provide the training.

63Human research ethics committee—Act, sch 2, definition human research ethics committee

For schedule 2 of the Act, definition human research ethics committee, the requirements stated in the document called ‘National Statement on Ethical Conduct in Human Research 2007’ issued by the NHMRC are prescribed.

Editor’s note—

A copy of the document is available on the website of the NHMRC.

64Definitions for part

In this part—

class A+ parameter see section 58.

existing, for an approval, certificate or arrangement under the expired regulation, means in effect immediately before the commencement.

expired regulation means the expired Public Health Regulation 2005.

65Certificates for the removal of bonded ACM

(1)Existing arrangements approved or established by the chief executive under section 2E of the expired regulation are taken to be arrangements approved or established by the chief executive under section 8.

(2)A person who holds an existing certificate under section 2E of the expired regulation is taken to hold a certificate for section 8.

66Existing notices about reporting periods for prescribed facilities

An existing notice given to a prescribed facility by the chief executive under section 2ZA of the expired regulation is taken to be a notice given to the prescribed facility by the chief executive under section 30.

67Use of drinking water samples taken under expired regulation for annual value

(1)This section applies if a sample of drinking water was taken to test for Escherichia coli under section 18AC(a) of the expired regulation during the period starting on 1 September 2017 and ending on the day before the commencement.

(2)Section 52(4) applies to the sample as though the sample was taken for testing as required under section 52(1).

68Existing approved recycled water management plans

(1)This section applies to an approved recycled water management plan—

(a)that refers to taking samples of—

(i)recycled water to be supplied as class A+ recycled water to test for chlorine residual, turbidity or a class A+ parameter at the frequency mentioned in schedule 3C, column 2 of the expired regulation; or

(ii)recycled water to be supplied as class A, B, C or D recycled water to test for Escherichia coli at the frequency mentioned in schedule 3D, column 3 of the expired regulation; and

(b)until the plan is amended and the reference to the expired regulation is omitted.

(2)The reference mentioned in subsection (1)(a)(i) is taken to be a reference to taking samples at the following frequency—

(a)to test for chlorine residual or turbidity—daily;

(b)to test for a class A+ parameter—weekly.

(3)The reference mentioned in subsection (1)(a)(ii) is taken to be a reference to taking samples to test for Escherichia coli weekly.

(4)In this section—

approved recycled water management plan see section 50.

chlorine residual see section 57(4).

69Use of class A+ recycled water sample taken under expired regulation for annual value

(1)This section applies if a sample of recycled water to be supplied as class A+ recycled water was taken to test for a class A+ parameter under section 18AE(a) of the expired regulation during the period starting on 1 September 2017 and ending on the day before the commencement.

(2)Section 58(2) applies to the sample as though the sample was taken for testing as required under section 58(1).

70Use of class A, B, C or D recycled water samples taken under expired regulation for annual value

(1)This section applies if a sample of recycled water to be supplied as class A, B, C or D recycled water was taken to test for Escherichia coli under section 18AF(a) of the expired regulation during the period starting on 1 September 2017 and ending on the day before the commencement.

(2)Section 59(2) applies to the sample as though the sample was taken for testing as required under section 59(1).

section 31

section 32

acute flaccid paralysis

anthrax

Australian bat lyssavirus infection

Australian bat lyssavirus - potential exposure, including, for example, from a bat bite, scratch or mucous membrane exposure

avian influenza

botulism (food-borne)

botulism (intestinal - adult)

botulism (intestinal - infantile)

cholera

ciguatera poisoning

dengue

diphtheria (toxigenic)

flavivirus infections, including alfuy, Edge Hill, kokobera, Stratford, West Nile/kunjin and other unspecified flaviviruses (excluding dengue and yellow fever)

food-borne or waterborne illness in 2 or more cases

food-borne or waterborne illness in food handler

haemolytic uraemic syndrome (HUS)

haemophilus influenzae type b (invasive) disease

Hendra virus infection

hepatitis A

Japanese encephalitis

legionellosis

measles

meningococcal disease (invasive)

Murray Valley encephalitis

paratyphoid

plague

poliomyelitis infection

rabies

severe acute respiratory syndrome (SARS)

smallpox

tularaemia

typhoid

viral haemorrhagic fevers (Crimean-Congo, Ebola, Lassa fever and Marburg viruses)

yellow fever

sections 33, 42, 44 and 48

•The agreement dated 5 May 2008 called ‘Confidentiality agreement between State of Queensland acting through Queensland Health and the University of Melbourne’.

•The agreement called ‘ARF/RHD Register Service Agreement’ between Queensland and the Menzies School of Health Research.

•The agreement called ‘Memorandum of Understanding Exchange of information regarding Notifiable Conditions’ between Queensland acting through the Department of Natural Resources and Mines and Queensland acting through Queensland Health.

•The agreement called ‘Memorandum of Understanding Exchange of information regarding Notifiable Conditions’ between Queensland acting through Queensland Treasury and Queensland acting through Queensland Health.

•The agreement called ‘Memorandum of Understanding for disclosure of confidential information between State of Queensland acting through Queensland Health and Queensland Family and Child Commission’.

•National Health Information Agreement between the Commonwealth, State and Territory health, statistical and national authorities, commenced on 1 October 2013.

•Intergovernmental Agreement on Federal Financial Relations, the schedules and any agreements under the schedules, as amended from time to time, between the Commonwealth of Australia and the States and Territories of Australia, commenced on 1 January 2009.

•National Health Information Agreement between the Commonwealth, State and Territory health, statistical and national authorities, commenced on 1 October 2013.

sections 35 and 36

1Definitions for schedule

In this schedule—

confirms means confirms in writing.

diagnosed, for a child with a contagious condition, means a doctor or laboratory test confirms the child has the condition.

relevant contact, of a child for a contagious condition, means—

(a)

for diphtheria—the child’s first close contact with a person (the infected person) who is, or is suspected of being, infected with the condition during the period—

(i)starting 7 days before the onset of symptoms in the infected person; and

(ii)ending when the treating doctor confirms 2 negative throat swabs have been taken from the person at the following times—

(A)the first swab taken at least 24 hours after the person finishes a course of an appropriate antibiotic;

(B)the second swab taken at least 24 hours after the first swab; or

(b)for a contagious condition other than diphtheria—contact with a person who has been diagnosed with the condition while the person is infectious for the condition.

suspected means suspected under chapter 5 of the Act.

symptoms, for a contagious condition, means symptoms of the condition.

2Low risk of transmitting or contracting contagious condition

For this schedule, in deciding whether the risk of the child transmitting or contracting a contagious condition is low, the chief executive must consider—

(a)the way the contagious condition is transmitted; and

(b)the nature of the environment at the child’s school, education and care service or QEC approved service.

section 37

diphtheria

haemophilus influenzae type b (invasive) disease

hepatitis B

measles

meningococcal C

mumps

pertussis

poliomyelitis infection

pneumococcal disease (invasive)

rotavirus infection

rubella

tetanus

varicella-zoster virus infection (chickenpox)

section 53

section 56

section 3

ACM, for part 2, division 1, see section 5.

approved drinking water quality management plan, for part 9, see section 50.

approved recycled water management plan, for part 9, see section 50.

associated asbestos waste, for part 2, division 1, see section 5.

bonded ACM, for part 2, division 1, see section 5.

cfu see section 50.

class, of recycled water, see section 50.

confirms, for schedule 4, see schedule 4, part 1, section 1.

diagnosed, for a child with a contagious condition, for schedule 4, see schedule 4, part 1, section 1.

drinking water service, for part 9, see section 50.

friable ACM, for part 2, division 1, see section 5.

management plan, for water, for part 9, see section 50.

Menzies School of Health Research means the school established under the Menzies School of Health Research Act (NT), section 4.

mosquito, for part 2, division 2, see section 15.

MPN see section 50.

NHMRC means the National Health and Medical Research Council established under the National Health and Medical Research Council Act 1992 (Cwlth).

non-workplace area, for part 2, division 1, see section 5.

pfu see section 50.

physical and chemical guideline table, for part 9, see section 50.

prescribed work, for part 2, division 1, see section 5.

radiological guideline table, for part 9, see section 50.

recycled water see section 50.

recycled water scheme, for part 9, see section 50.

relevant contact, of a child for a contagious condition, for schedule 4, see schedule 4, part 1, section 1.

relevant person, for a place, for part 2, division 2, see section 15.

relevant structure, for part 2, division 3, see section 21.

relevant tank, for part 2, division 2, see section 15.

remove, in relation to ACM, for part 2, division 1, see section 5.

resample, for part 9, see section 50.

sell includes barter, exchange or supply.

suspected, for schedule 4, see schedule 4, part 1, section 1.

symptoms, for a contagious condition, for schedule 4, see schedule 4, part 1, section 1.

University of Melbourne means the university mentioned in the University of Melbourne Act 2009 (Vic), section 4.