Public Health Regulation 2005

1Short title

This regulation may be cited as the Public Health Regulation 2005.

2Commencement

(1)Parts 2 to 6 and 8, and schedules 1 to 3 commence on 1 December 2005.

(2)Part 7 commences on 16 January 2006.

2AADictionary

The dictionary in schedule 4 defines particular words used in this regulation.

s 2AA ins 2007 SL No. 86s 8

pt hdg ins 2007 SL No. 86s 9

div hdg ins 2007 SL No. 86s 9

2APurpose and application of div 1

(1)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.

(2)This division applies in relation to non-workplace areas.

s 2A ins 2007 SL No. 86s 9

amd 2011 SL No. 128s 15

2BDefinitions for div 1

In this division—

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

asbestos means the asbestiform varieties of mineral silicates belonging to the serpentine or amphibole groups of rock-forming minerals, including the following—

(a)actinolite asbestos;

(b)grunerite (or amosite) (brown) asbestos;

(c)anthophyllite asbestos;

(d)chrysotile (white);

(e)crocidolite (blue);

(f)tremolite asbestos;

(g)a mixture containing 1 or more of the minerals mentioned in paragraphs (a) to (f).

Note—

Paragraphs (a), (b), (c) and (f) mention mineral silicates that use the same mineral term for both the asbestiform and nonasbestiform varieties. The word ‘asbestos’ has been included when listing these minerals to emphasise that only the asbestiform habit of these minerals is regulated as asbestos.

def asbestos sub 2011 Act No. 18 s 311

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.

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, or part of a place, that is not a workplace under the Work Health and Safety Act 2011.

Note—

See the Work Health and Safety Act 2011, section 8.

def non-workplace area amd 2011 Act No. 18 s 404 sch 4pt 2div 1

sub 2011 SL No. 240 s 813

amd 2016 SL No. 237 s 5

prescribed work means—

(a)doing any of the following in relation to ACM—

(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

s 2B ins 2007 SL No. 86 s 9

2CAdministration and enforcement of div 1

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

s 2C ins 2007 SL No. 86 s 9

2DRemoval of friable asbestos

A person must not remove friable ACM unless the person holds a class A asbestos removal licence under the Work Health and Safety Regulation 2011 authorising the removal.

Maximum penalty—100 penalty units.

s 2D ins 2007 SL No. 86 s 9

amd 2011 Act No. 18 s 404 sch 4pt 2div 1

sub 2011 SL No. 240 s 814

2ERemoval of bonded ACM

(1)A person must not remove a quantity of bonded ACM of more than 10m² unless the person holds a certificate under this section that is in effect and obtained under arrangements approved or established by the chief executive.

Maximum penalty—100 penalty units

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

(3)For subsection (1), the chief executive may approve or establish arrangements under which a person may obtain a certificate after completing training satisfactory to the chief executive in competencies decided by the chief executive.

Examples—

1The chief executive approves a particular statement of attainment of an RTO 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 complete the course.

(4)A certificate is in effect for a period fixed under arrangements mentioned in subsection (3).

s 2E ins 2007 SL No. 86 s 9

amd 2011 Act No. 18 s 404 sch 4pt 2div 1

sub 2011 SL No. 240 s 814

2FCleaning or cutting ACM

(1)A person must not use—

(a)a power tool, or a device attached to a power tool, to cut or clean ACM; or

Examples—

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

•using an angle grinder to cut asbestos cement pipes

(b)a high pressure water process to clean ACM; or

Example—

using a water blaster to clean an asbestos cement roof

(c)compressed air to clean ACM or a surface where ACM is present.

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 an electric, battery, hydraulic, fuel or pneumatic powered tool, other than a battery powered drill that operates at less than 650r.p.m.

s 2F ins 2007 SL No. 86 s 9

2GRequirement to seal bonded ACM if broken

(1)This section applies if—

(a)a person is removing bonded ACM or carrying out specified work in relation to bonded ACM in a non-workplace area; 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.

(3)In this section—

specified work means manufacturing, construction, repair, alteration, cleaning or demolition work.

s 2G ins 2007 SL No. 86 s 9

2HRequirement to take reasonable measures to minimise release of asbestos fibres

(1)A person who carries out prescribed work 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 or any other person.

Maximum penalty—100 penalty units.

(2)For subsection (1), reasonable measures may include 1 or more 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 3544 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 the person’s 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 3544 means AS 3544 ‘Industrial vacuum cleaners for particulates hazardous to health’ (1988).

s 2H ins 2007 SL No. 86 s 9

2IPackaging and disposal of associated asbestos waste

(1)A person who carries out prescribed work must ensure all associated asbestos waste is packaged and disposed of as soon as practicable in the way mentioned in subsection (2).

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 1,200mm long and 900mm wide, and sealed with adhesive tape; and

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

(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.

s 2I ins 2007 SL No. 86 s 9

2JProhibition on selling or giving away ACM

(1)A person must not sell or give away ACM stored at a non-workplace area.

Maximum penalty—100 penalty units.

(2)In this section—

sell includes barter, exchange or supply.

s 2J ins 2007 SL No. 86 s 9

div hdg ins 2007 SL No. 86 s 9

2KPurpose of div 2

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

(a)control mosquitos; and

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

Note—

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

s 2K ins 2007 SL No. 86 s 9

amd 2012 SL No. 208 s 19

2LDefinitions for div 2

In this division—

mosquito includes a mosquito egg, larva, pupa and adult mosquito.

relevant person, for a place, means—

(a)an occupier of the place; or

(b)if there is no occupier of the place—an owner of the place.

relevant tank means a tank or other receptacle that is used or intended to be used for holding or storing water or another liquid.

s 2L ins 2007 SL No. 86 s 9

2MAdministration and enforcement of div 2

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

s 2M ins 2007 SL No. 86 s 9

2NRequirement to ensure place is not a breeding ground for mosquitos

(1)A relevant person for a place must ensure that an accumulation of water or another liquid at the place is not a breeding ground for mosquitos.

Maximum penalty—40 penalty units.

(2)For subsection (1), it is irrelevant whether the accumulation of water 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 ensure subsection (1) was complied with.

(4)In this section—

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

Examples of places where liquid may accumulate and become a breeding ground for mosquitos—

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

s 2N ins 2007 SL No. 86 s 9

2OConstruction, installation and maintenance of a relevant tank

(1)A person must not construct a relevant tank unless the tank complies with section 2P.

Maximum penalty—40 penalty units.

(2)A person must not install a relevant tank, whether above or below ground, unless the tank complies with section 2P.

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 section 2P.

Maximum penalty—40 penalty units.

s 2O ins 2007 SL No. 86 s 9

2PRequirements for a relevant tank

For section 2O, a relevant tank must have at every opening of the tank—

(a)mosquito-proof screens that—

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

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

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

(iv)stop mosquitos passing through the openings; or

(b)flap valves that, when closed, stop mosquitos passing through the openings.

s 2P ins 2007 SL No. 86 s 9

2QOffence 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 removing the mosquito-proof screen or flap valve to carry out maintenance, if the screen or flap valve is immediately replaced after the maintenance is completed.

s 2Q ins 2007 SL No. 86 s 9

div hdg ins 2007 SL No. 86 s 9

2RPurpose of div 3

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.

s 2R ins 2007 SL No. 86 s 9

amd 2012 SL No. 208 s 20

2SDefinition for div 3

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.

s 2S ins 2007 SL No. 86 s 9

2TAdministration and enforcement of div 3

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

s 2T ins 2007 SL No. 86 s 9

2URequirement 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

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

•filling a hole with chicken wire or covering it securely with a vermin-proof covering

(b)fitting a cover, grate or plug securely 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 rats or mice kept under section 2X.

s 2U ins 2007 SL No. 86 s 9

2VOffence 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 for the purpose of stopping rats and mice entering the structure.

Maximum penalty—40 penalty units.

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

s 2V ins 2007 SL No. 86 s 9

2WRequirement 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 ensure subsection (1) was complied with.

(3)This section does not apply in relation to rats or mice kept under section 2X.

(4)In this section—

relevant person, for a place, means—

(a)an occupier of the place; or

(b)if there is no occupier of the place—an owner of the place.

s 2W ins 2007 SL No. 86 s 9

2XRequirements about keeping rats or mice as pets etc.

(1)This section applies to a person who keeps rats or mice—

(a)as pets; or

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

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

(2)The person must keep the rats or mice in an enclosure from which they can not escape.

Maximum penalty—40 penalty units.

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

(4)In this section—

sell includes barter, exchange or supply.

s 2X ins 2007 SL No. 86 s 9

div hdg ins 2017 SL No. 79 s 3

2XA Invasive procedures—Act, ss 11 and 18

(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.

s 2XA ins 2017 SL No. 79 s 3

pt hdg ins 2016 SL No. 225 s 4

2YPrescribed tests—Act, s 61A

(1)For the Act, section 61A, definition prescribed test, a test for Legionella is prescribed for chapter 2A of the Act if the test—

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

(b)is carried out by an accredited laboratory and is identified in the scope of the laboratory’s accreditation.

(2)In this section—

accredited laboratory means a laboratory accredited as complying with ISO/IEC 17025 by—

(a)the National Association of Testing Authorities Australia ABN 59 004 379 748; 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 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).

s 2Y ins 2016 SL No. 225 s 4

2ZPrescribed requirement—Act, s 61D

For the Act, section 61D(g), 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.

s 2Z ins 2016 SL No. 225 s 4

2ZAPrescribed reporting period—Act, s 61I

(1)For the Act, section 61I(3), definition reporting period the following periods are prescribed—

(a)1 February 2017 to 31 March 2017;

(b)after 31 March 2017—

(i)if the chief executive has given the prescribed facility notice stating reporting periods shorter than a quarter apply to the facility—the periods stated in the notice; or

(ii)otherwise—each quarter.

(2)In this section—

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

s 2ZA ins 2016 SL No. 225 s 4

3Notifiable condition—Act, s 64(1), definition notifiable condition

For the definition notifiable condition in section 64(1) of the Act, the medical conditions mentioned in schedule 1, column 1 are notifiable conditions.

4Clinical diagnosis notifiable condition—Act, s 62, definition clinical diagnosis notifiable condition

For paragraph (b) of the definition clinical diagnosis notifiable condition in section 62 of the Act, schedule 1, column 2 identifies which of the notifiable conditions mentioned in schedule 1, column 1 are clinical diagnosis notifiable conditions.

5Pathological diagnosis notifiable condition—Act, s 62, definition pathological diagnosis notifiable condition

For paragraph (b) of the definition pathological diagnosis notifiable condition in section 62 of the Act, schedule 1, column 3 identifies which of the notifiable conditions mentioned in schedule 1, column 1 are pathological diagnosis notifiable conditions.

6Pathology request notifiable condition—Act, s 62, definition pathology request notifiable condition

For the definition pathology request notifiable condition in section 62 of the Act, schedule 1, column 4 identifies which of the notifiable conditions mentioned in schedule 1, column 1 are pathology request notifiable conditions.

7Provisional diagnosis notifiable condition—Act, s 62, definition provisional diagnosis notifiable condition

For paragraph (b) of the definition provisional diagnosis notifiable condition in section 62 of the Act, schedule 1, column 5 identifies which of the notifiable conditions mentioned in schedule 1, column 1 are provisional diagnosis notifiable conditions.

8Controlled notifiable condition—Act, s 63(1), definition controlled notifiable condition

For the definition controlled notifiable condition in section 63(1) of the Act, schedule 1, column 6 identifies which of the notifiable conditions mentioned in schedule 1, column 1 are controlled notifiable conditions.

9Requirements for notice—Act, s 70(2)(a)

For section 70(2)(a) of the Act, the notice must be given by fax, email or other electronic means—

(a)for a clinical diagnosis notifiable condition or provisional diagnosis notifiable condition mentioned in schedule 2—immediately after the examination; or

(b)for a clinical diagnosis notifiable condition or provisional diagnosis notifiable condition not mentioned in schedule 2—within 48 hours after the examination.

10Requirements for notice—Act, s 71(2)(a)

For section 71(2)(a) of the Act, the notice must be given by fax, email or other electronic means—

(a)for a clinical diagnosis notifiable condition or provisional diagnosis notifiable condition mentioned in schedule 2—immediately after the examination; or

(b)for a clinical diagnosis notifiable condition or provisional diagnosis notifiable condition not mentioned in schedule 2—within 48 hours after the examination.

11Requirements for notice—Act, s 72(2)(a)

For section 72(2)(a) of the Act, the notice must be given by fax, email or other electronic means—

(a)for a pathological diagnosis notifiable condition mentioned in schedule 2—immediately after the pathological examination; or

(b)for a pathological diagnosis notifiable condition not mentioned in schedule 2—within 48 hours after the pathological examination.

12Requirements for notice—Act, s 73(2)(a)

For section 73(2)(a) of the Act, the notice must be given by fax, email or other electronic means—

(a)for a pathology request notifiable condition mentioned in schedule 2—immediately after the receipt of the request; or

(b)for a pathology request notifiable condition not mentioned in schedule 2—within 48 hours after the receipt of the request.

12AAPrescribed agreements—Act, s 84(1)

(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.

s 12AA ins 2008 SL No. 392 s 3

sub 2017 SL No. 107 s 14

pt hdg ins 2006 SL No. 308 s 29

12ABPrescribed health care facilities—Act, s 153(3)

For section 153(3) of the Act, the following health care facilities 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 at the health care facility an occupational exposure policy and a sharps disposal policy;

(b)a health care facility owned by a doctor, if the doctor holds either—

(i)general practice accreditation from Australian General Practice Accreditation Limited ACN 077 562 406 or Quality in Practice Pty Ltd ACN 094 965 590; or

(ii)the accreditation named ‘GPA Accreditation plus’ from Quality Practice Accreditation Pty Ltd ACN 081 986 932.

s 12AB ins 2008 SL No. 392 s 4

12ACPrescribed health care facilities—Act, s 154(3)

For section 154(3) of the Act, the following health care facilities 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 at the health care facility an occupational exposure policy and a sharps disposal policy;

(b)a health care facility owned and operated by a doctor, if the doctor holds either—

(i)general practice accreditation from Australian General Practice Accreditation Limited ACN 077 562 406 or Quality in Practice Pty Ltd ACN 094 965 590; or

(ii)the accreditation named ‘GPA Accreditation plus’ from Quality Practice Accreditation Pty Ltd ACN 081 986 932.

s 12AC ins 2008 SL No. 392 s 4

pt hdg ins 2007 SL No. 86 s 10

12BContagious condition—Act, s 158, definition contagious condition

For the definition contagious condition in section 158 of the Act, the contagious medical conditions mentioned in schedule 2A, part 1 are contagious conditions.

s 12B ins 2007 SL No. 86 s 10

amd 2015 SL No. 175 s 4

12CRequirements for vaccination—Act, s 158, definition vaccinated

(1)This section prescribes, for the definition vaccinated in section 158 of the Act, the way for vaccinating a child for a vaccine preventable condition.

(2)The way is for the child to receive all vaccinations for the condition recommended for the child’s age in the document called ‘National Immunisation Program Schedule’ (IMM66) published, from time to time, by the Department of Health and Ageing (Cwlth).

Editor’s note—

A copy of the document is available at www.immunise.health.gov.au.

s 12C ins 2007 SL No. 86 s 10

amd 2012 SL No. 208 s 21

12DVaccine preventable condition—Act, s 158, definition vaccine preventable condition

For the definition vaccine preventable condition in section 158 of the Act, the contagious conditions or other medical conditions mentioned in schedule 2B are vaccine preventable conditions.

s 12D ins 2007 SL No. 86 s 10

amd 2015 SL No. 175 s 5

12EPrescribed period for a contagious condition—Act, s 160

(1)For section 160(2) and (3)(a) of the Act, the right column in schedule 2A, part 2 identifies the prescribed period for a contagious condition for a child suspected under chapter 5 of the Act of having the condition.

(2)For section 160(3)(b) of the Act, the right column in schedule 2A, part 3 identifies 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.

s 12E ins 2007 SL No. 86 s 10

amd 2012 SL No. 208 s 22; 2013 SL No. 265 s 81 sch 5pt 2; 2015 SL No. 175 s 6

pt hdg ins 2009 SL No. 234 s 3

12FProcedures that are not cosmetic procedures for Act, ch 5A—Act s 213A(2)

(1)For section 213A(2) of the Act, the following procedures are prescribed—

(a)a procedure involving the removal of 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—

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

(ii)involving 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)mammaplasty to correct a deformity, congenital abnormality or the physical effect of a medical condition, illness or trauma;

(j)genioplasty to correct a deformity, congenital abnormality or the physical effect of a medical condition, illness or trauma;

(k)rhinoplasty to correct a deformity, congenital abnormality or the physical effect of a medical condition, illness or trauma.

(2)In this section—

skin tag means a polypoid outgrowth of both epidermis and dermal fibrovascular tissue.

s 12F ins 2009 SL No. 234 s 3

pt hdg ins 2016 SL No. 237 s 6

12GPrescribed information for school health programs—Act, s 213AD

For section 213AD(1) 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 being an Aboriginal or Torres Strait Islander person.

s 12G ins 2016 SL No. 237 s 6

13Notifications about perinatal statistics—Act, s 217

For section 217 of the Act, a notification must be given within 35 days after the day of the delivery.

14Prescribed agreements—Act, s 226(1)(a)(i)(B)

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

s 14 amd 2008 SL No. 392 s 5

reloc 2017 SL No. 107 s 15

pt hdg sub 2017 SL No. 107 s 16

14ANotifications about maternal death statistics—Act, s 228F

For section 228F(2) of the Act, a notification must be given within 60 days after the health professional becomes aware of the death.

Note—

The approved form for the notification is available on the department’s website.

s 14A ins 2017 SL No. 107 s 16

14BPrescribed agreements—Act, s 228O(1)(a)(i)(B)

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

s 14B ins 2017 SL No. 107 s 16

15Types of skin cancer and non-invasive carcinoma—Act, s 229, definition cancer

For paragraph (b) of the definition cancer in section 229 of the Act, 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, other than a central nervous system or brain tumour.

15APrescribed person—Act, s 232

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

s 15A ins 2016 SL No. 237 s 8

16Notifications about cancer—Act, s 234(1)(b) and (3)

(1)For section 234(1)(b) of the Act, a notification must be given within 30 days after the pathological examination.

(2)For section 234(3) of the Act, a notification must be given within 30 days after the separation or cessation.

17Prescribed agreements—Act, s 244(1)(a)(i)(B)

Each agreement mentioned in schedule 3, part 4 is prescribed for section 244(1)(a)(i)(B) of the Act.

s 17 amd 2008 SL No. 392 s 6; 2017 SL No. 107 s 17

18Clinical information—Act, s 251, definition clinical information

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

(a)the dates and results of any vaginal vault smear tests for the woman;

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

(c)the provider details of the provider who performed the procedure to obtain the Pap smear, vaginal vault smear or histological sample;

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

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

(f)the accession code for the Pap smear, vaginal vault smear or histological sample;

(g)any recommendation code for the Pap smear test or vaginal vault smear test;

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

(2)In this section—

accession code, for a Pap smear, vaginal vault smear or histological sample, means a code used by a pathology laboratory to identify the Pap smear, vaginal vault smear or histological sample.

provider details, of a provider, means—

(a)if the provider is a medical practitioner—the provider’s name, postal address and provider number; or

(b)if the provider is not a medical practitioner—the provider’s name and postal address.

provider number, of a provider, means the number that is allocated by the Health Insurance Commission to the provider under the Health Insurance Act 1973 (Cwlth) and identifies the provider and the places where the provider practises his or her profession.

recommendation code, for a Pap smear test or vaginal vault smear test, means a code used by a pathology laboratory to identify any recommendation made to a provider after testing the Pap smear or vaginal vault smear.

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.

pt hdg ins 2008 SL No. 218 s 3

div hdg ins 2008 SL No. 218s 3

18AAPurpose of pt 6A

This part prescribes standards for the quality of drinking water and particular types of recycled water.

Note—

The provisions of this part complement provisions of the Water Supply (Safety and Reliability) Act 2008. If a water service provider fails to comply with a provision of this part, the water service provider may be liable to a penalty under that Act.

s 18AA ins 2008 SL No. 218 s 3

18ABDefinitions for pt 6A and schs 3A–3E

In this part and schedules 3A to 3E—

chlorine residual means the amount of free chlorine remaining in water at the point of supply of the water to the water user.

class A+ recycled water means recycled water intended to be supplied on the basis that it meets the standards prescribed under section 18AE for the quality of class A+ recycled water.

class A recycled water means recycled water intended to be supplied on the basis that it meets the standards prescribed under section 18AF for the quality of class A recycled water.

class B recycled water means recycled water intended to be supplied on the basis that it meets the standards prescribed under section 18AF for the quality of class B recycled water.

class C recycled water means recycled water intended to be supplied on the basis that it meets the standards prescribed under section 18AF for the quality of class C recycled water.

class D recycled water means recycled water intended to be supplied on the basis that it meets the standards prescribed under section 18AF for the quality of class D recycled water.

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

dual reticulation scheme means a system of pipes supplying water to a water user for a domestic use, that allows for drinking water and recycled water to be supplied from separate pipes at the same time, but does not include a system of pipes supplying recycled water to a water user for a commercial, industrial or agricultural use.

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

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

(a)may be eaten raw; or

(b)will be subjected to a minimal food process only.

Examples of a minimal food process—

•washing

•cutting

•peeling

•packaging

recycled water means sewage or effluent sourced from a service provider’s sewerage, that is intended to be reused.

reused see the Water Supply (Safety and Reliability) Act 2008, schedule 3.

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

s 18AB ins 2008 SL No. 218 s 3

div hdg ins 2008 SL No. 218 s 3

18ACDrinking water

The following are standards for the quality of drinking water—

(a)samples of the drinking water must be taken at the frequency stated in schedule 3A, column 2;

(b)each sample taken under paragraph (a) must be tested for the factor stated in schedule 3A, column 1;

(c)the value of the factor under paragraph (b) must not be more than the value stated in schedule 3A, column 3;

(d)if in any sample taken, the value of the factor under paragraph (b) is more than the value stated in schedule 3A, column 3 for the factor—a follow-up sample must be taken and tested for the factor;

(e)if the quality of the drinking water has been monitored for at least 12 months—

(i)the value (the annual value) of the factor in the samples taken under paragraph (a) during the preceding 12 month period must be assessed monthly; and

(ii)the annual value of the factor must not be more than the value stated in schedule 3A, column 4 for the factor.

s 18AC ins 2008 SL No. 218 s 3

amd 2008 SL No. 420 s 53

18ADRecycled water supplied to augment a supply of drinking water

(1)The following are standards for the quality of recycled water that is intended to be supplied to augment a supply of drinking water—

(a)samples of the recycled water must be taken and tested for the factors stated in schedule 3B, column 1;

(b)unless under an approved recycled water management plan relating to the recycled water a factor does not need to be monitored—the value of each factor in the samples must not be more than the value stated in schedule 3B, parts 1 and 2, column 2 for the factor;

(c)if in any sample taken, the value of a factor under paragraph (b) is more than the value stated in schedule 3B, parts 1 and 2, column 2 for the factor—an assessment of the risks to the health of the public from the quality of the recycled water must be carried out;

(d)the recycled water must be supplied into an aquifer, lake, watercourse or wetlands, or a dam on a watercourse, and stored under conditions that allow for sufficient management of any risk to the health of the public from the recycled water quality.

(2)In this section—

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

s 18AD ins 2008 SL No. 218 s 3

18AEClass A+ recycled water

The following are standards for the quality of class A+ recycled water—

(a)samples of the recycled water must be taken at the frequency stated in schedule 3C, column 2;

(b)each sample taken under paragraph (a) must be tested for the factors stated in schedule 3C, column 1;

(c)if in any sample taken, the value of a factor under paragraph (b) is the value stated in schedule 3C, column 3, paragraph (a) for the factor—a follow-up sample must be taken and tested for the factor;

(d)the value of each factor in the follow-up samples taken under paragraph (c) must be the value stated in schedule 3C, column 3, paragraph (b) for the factor;

(e)if the quality of the recycled water has been monitored for at least 12 months—

(i)the value (the annual value) of each factor in the samples taken under paragraph (a) during the preceding 12 month period must be assessed monthly; and

(ii)the annual value of the factor must be the value stated in schedule 3C, column 4 for the factor.

s 18AE ins 2008 SL No. 218 s 3

18AFClass A, B, C or D recycled water

The following are standards for the quality of class A, B, C or D recycled water—

(a)samples of the recycled water stated in schedule 3D, column 1 must be taken at the frequency stated in column 3 of the schedule;

(b)each sample taken under paragraph (a) must be tested for the factors stated in schedule 3D, column 2;

(c)if in any sample taken, the value of a factor under paragraph (b) is the value stated in schedule 3D, column 4, paragraph (a) for the factor—a follow-up sample must be taken and tested for the factor;

(d)the value of each factor in the follow-up samples taken under paragraph (c) must be the value stated in schedule 3D, column 4, paragraph (b) for the factor;

(e)if the quality of the recycled water has been monitored for at least 12 months—

(i)the value (the annual value) of each factor in the samples taken under paragraph (a) during the preceding 12 month period must be assessed monthly; and

(ii)the annual value of the factor must be the value stated in schedule 3D, column 5 for the factor.

s 18AF ins 2008 SL No. 218 s 3

18AGRecycled water for irrigation of minimally processed food crops

The standards for the quality of recycled water supplied for irrigating minimally processed food crops are the classes of recycled water stated in schedule 3E, column 3 for the types of crops and methods of irrigation stated in columns 1 and 2 of the schedule.

s 18AG ins 2008 SL No. 218 s 3

18AHRecycled water supplied for a dual reticulation scheme

The standard for the quality of recycled water supplied for a dual reticulation scheme is class A+ recycled water.

s 18AH ins 2008 SL No. 218 s 3

18APaint—Act, s 60

For the Act, section 60(2), definition standard, the prescribed part of the Standard for the Uniform Scheduling of Drugs and Poisons dealing with paint is appendix I (Uniform paint standard).

s 18A ins 2008 SL No. 9 s 9

19Emergency officers (general)—Act, s 333(1)(e)

(1)For section 333(1)(e) of the Act, an ambulance officer is a prescribed person.

(2)In this section—

ambulance officer see the Ambulance Service Act 1991, schedule.

s 19 ins 2006 SL No. 91 s 17

20Human research ethics committee—Act, sch 2, definition human research ethics committee

(1)For the definition human research ethics committee in schedule 2 of the Act, the requirements are stated in the National Statement on Ethical Conduct in Human Research 2007, issued by the NHMRC in 2007, as in force from time to time.

Editor’s note—

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

(2)In this section—

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

s 20 (prev s 19) renum 2006 SL No. 91 s 16

amd 2012 SL No. 208 s 23

20APrescribed training for indemnity conditions—Act, s 454G

(1)The prescribed training for section 454G of the Act is training that—

(a)is approved by the chief health officer under subsection (2); and

(b)includes information about the following—

(i)the regulatory environment for control of asbestos risks in Queensland;

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

(iii)health risks of exposure to asbestos;

(iv)assessment of health risks and risk control measures;

(v)the application of regulatory measures under the Act to control asbestos risk.

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

(a)the content and quality of the curriculum, 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.

s 20A ins 2015 SL No. 96 s 4

pt hdg ins 2011 SL No. 240 s 815

21Transitional asbestos removal licence or certificate

(1)A reference in section 2D to a class A asbestos removal licence under the Work Health and Safety Regulation 2011 includes a reference to a transitional class A asbestos removal licence defined in the Work Health and Safety Regulation 2011, section 744 that is in effect.

(2)A reference in section 2E to a certificate under the section that is in effect includes a reference to a transitional class B asbestos removal licence defined in the Work Health and Safety Regulation 2011, section 744 that is in effect.

s 21 ins 2011 SL No. 240 s 815

sections 3 to 8

sch 1 amd 2006 SL No. 91 s 18

sub 2008 SL No. 392 s 7

amd 2015 SL No. 154 s 19; 2017 SL No. 107 s 18

sections 9 to 12

acute flaccid paralysis

anthrax

Australian bat lyssavirus infection

Australian bat lyssavirus - potential exposure (i.e. 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, Japanese encephalitis, kokobera, Murray Valley encephalitis, 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

legionellosis

measles

meningococcal disease (invasive)

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

sch 2 amd 2008 SL No. 392 s 8; 2015 SL No. 154 s 20

sections 12B and 12E

diphtheria

enterovirus 71 neurological disease

gastroenteritis illness

haemophilus influenzae type b (invasive) disease

hepatitis A

human influenza with pandemic potential

measles

meningococcal disease (invasive)

paratyphoid

pertussis

poliomyelitis infection

rubella

tuberculosis

typhoid

varicella - zoster virus infection (chickenpox)

1Definitions for sch 2A

In this schedule—

confirms means gives written confirmation.

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.

sch 2A ins 2007 SL No. 86 s 11

amd 2008 SL No. 392 s 9; 2009 SL No. 72 s 3; 2011 SL No. 278 s 16; 2012 SL No. 208 s 24; 2013 SL No. 265 s 81 sch 5 pt 2; 2015 SL No. 154 s 21; 2015 SL No. 175 s 7(1)–(4), (7), (9)–(11) ((5)–(6), (8) amdt could not be given effect)

section 12D

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)

sch 2B ins 2015 SL No. 175 s 8

sections 12AA, 14, 14B and 17

•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 1 January 2009

•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 1 January 2009

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

sch 3 amd 2008 SL No. 392 s 10; 2010 SL No. 370 s 9; 2017 SL No. 107 s 19

section 18AC

sch 3A ins 2008 SL No. 218 s 4

amd 2008 SL No. 420 s 54

section 18AD

sch 3B ins 2008 SL No. 218 s 4

section 18AE

sch 3C ins 2008 SL No. 218 s 4

section 18AF

sch 3D ins 2008 SL No. 218 s 4

section 18AG

sch 3E ins 2008 SL No. 218 s 4

section 2AA

ACM, for part 1A, division 1, see section 2B.

asbestos, for part 1A, division 1, see section 2B.

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

bonded ACM, for part 1A, division 1, see section 2B.

cfu means colony forming units.

def cfu ins 2008 SL No. 218 s 5

chlorine residual see section 18AB.

def chlorine residual ins 2008 SL No. 218 s 5

class A+ recycled water see section 18AB.

def class A+ recycled water ins 2008 SL No. 218 s 5

class A recycled water see section 18AB.

def class A recycled water ins 2008 SL No. 218 s 5

class B recycled water see section 18AB.

def class B recycled water ins 2008 SL No. 218 s 5

class C recycled water see section 18AB.

def class C recycled water ins 2008 SL No. 218 s 5

class D recycled water see section 18AB.

def class D recycled water ins 2008 SL No. 218 s 5

confirms, for schedule 2A, see schedule 2A, part 3, section 1.

def confirms ins 2012 SL No. 208 s 25

diagnosed, for schedule 2A, see schedule 2A, part 3, section 1.

def diagnosed ins 2012 SL No. 208 s 25

drinking water service see section 18AB.

def drinking water service ins 2008 SL No. 218 s 5

dual reticulation scheme see section 18AB.

def dual reticulation scheme ins 2008 SL No. 218 s 5

fluoridated water see the Water Fluoridation Regulation 2008, schedule 3.

def fluoridated water ins 2008 SL No. 420 s 55

free chlorine see section 18AB.

def free chlorine ins 2008 SL No. 218 s 5

friable ACM, for part 1A, division 1, see section 2B.

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

def Menzies School of Health Research ins 2017 SL No. 107 s 20

minimally processed food crop see section 18AB.

def minimally processed food crop ins 2008 SL No. 218 s 5

mosquito, for part 1A, division 2, see section 2L.

mSv means a millisievert.

def mSv ins 2008 SL No. 218 s 5

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

NTU means nephelometric turbidity units.

def NTU ins 2008 SL No. 218 s 5

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

def occupational exposure policy ins 2008 SL No. 392 s 11

pfu means plaque forming units.

def pfu ins 2008 SL No. 218 s 5

prescribed work, for part 1A, division 1, see section 2B.

recycled water see section 18AB.

def recycled water ins 2008 SL No. 218 s 5

relevant contact, for schedule 2A, see schedule 2A, part 3, section 1.

def relevant contact ins 2012 SL No. 208 s 25

relevant person, for a place, for part 1A, division 2, see section 2L.

relevant structure, for part 1A, division 3, see section 2S.

relevant tank, for part 1A, division 2, see section 2L.

remove, for part 1A, division 1, see section 2B.

reused see section 18AB.

def reused ins 2008 SL No. 218 s 5

service provider see section 18AB.

def service provider ins 2008 SL No. 218 s 5

sharps means objects or devices capable of inflicting a penetrating injury.

def sharps ins 2008 SL No. 392 s 11

sharps disposal policy means a document stating the minimum procedures for disposing of sharps to minimise—

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

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

def sharps disposal policy ins 2008 SL No. 392 s 11

suspected, for schedule 2A, see schedule 2A, part 3, section 1.

def suspected ins 2012 SL No. 208 s 25

symptoms, for schedule 2A, see schedule 2A, part 3, section 1.

def symptoms ins 2012 SL No. 208 s 25

University of Melbourne means the university established under the Melbourne University Act 1958 (Vic), section 4.

def University of Melbourne ins 2008 SL No. 392 s 11

sch 4 ins 2007 SL No. 86 s 12