QueenslandPublicHealthAct2005Current as at [Not applicable]Indicative reprint noteThis is anunofficialversion of a
reprint of this Act that incorporates allproposedamendmentstotheActincludedintheHealthandOtherLegislation
Amendment Bill 2018. This indicative reprint has been
preparedfor information only—it is not an
authorised reprint of the Act.SomeenactedbutuncommencedamendmentsincludedintheHealthPractitioner
Regulation National Law and Other Legislation AmendmentAct
2017No. 32 have also been incorporated in this
indicative reprint.The point-in-time date for this indicative
reprint is the introduction date fortheHealthandOtherLegislationAmendmentBill2018—13November2018.DetailedinformationaboutindicativereprintsisavailableontheInformationpage of the
Queensland legislation website.
7475Division 376777879808182838485868788Part 3Division 1899091929394959697Division 29899100101102103Public Health Act
2005ContentsAnonymity
coding. . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . .79Further information may be required . . . .
. . . . . . . . . . . . . . . . . .79Confidentiality of information and use of
information supplied forNotifiable Conditions RegisterDefinitions for div 3. . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . .81Confidentiality of information . . . .
. . . . . . . . . . . . . . . . . . . . . . . .81Disclosure under an Act or another
law. . . . . . . . . . . . . . . . . . .82Disclosure under Act or with written
consent etc.. . . . . . . . . . . .82Disclosure
about notifiable conditions
and contact
tracing. . . . .82Disclosure of confidential information in
the public
interest .
. . . .83Disclosure for data collection
and public
health monitoring. . . .84Disclosure for purposes relating
to health
services .
. . . . . . . . . .84Disclosure to Commonwealth, another
State or
Commonwealth or Stateentity. . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . .84Disclosure to allow chief executive to
act. . . . . . . . . . . . . . . . . .85Release of information for an
investigation under the Coroners Act86Use
of Notifiable Conditions Register. . . . . . . .
. . . . . . . . . . . . .86Access to
information in register for serious offence . . . . . . . . .
.87Contact
tracingContact tracing
officersFunctions of
contact tracing officer. . . . . . . . . . . . . . . . . . . . . . .87Appointment of
contact tracing officer
by chief
executive .
. . . . .88Qualifications for appointment
. . . . . . . . . . . . . . . . . . . . . . . . . . .89Appointment conditions and
limit on
powers .
. . . . . . . . . . . . . . .89Issue of identity
card .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .89Production or display of identity card. . . . . . . . . . . . . . . . . . . . .90When
contact tracing officer ceases
to hold
office. . . . . . . . . . .90Resignation .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .91Return of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .91Obtaining contact informationDefinitions for
div 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .91Power to require contact information
. . . . . . . . . . . . . . . . . . . . . .91Failure to give contact information. . . . . . . . . . . . . . . . . . . . . . .93Power to require business contact
information .
. . . . . . . . . . . . .94Failure to give
business contact information
. . . . . . . . . . . . . . . .95Obtaining contact information from
health information held
by a healthagency . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . .96Page
5Notauthorised—indicativeonly
Public
Health Act 2005ContentsNotauthorised—indicativeonlyDivision 3104105106107108108A109110111Part 4Division 1112Division 2113114115Part 5Division 1116117Division 2118119120121122123124Division 3125126127128Page
6Confidentiality of information and use of
information supplied forcontact tracingDefinitions for
div 3. . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . .97Confidentiality
of information . . . . . . . . . . . . . . . . . . . . . . . . . .
. .98Disclosure under an Act or another
law. . . . . . . . . . . . . . . . . . .98Disclosure under Act or with written
consent etc.. . . . . . . . . . . .98Disclosure
to protect
health of
person .
. . . . . . . . . . . . . . . . . . . .99Disclosure for contact tracing
purposes. . . . . . . . . . . . . . . . . . .99Disclosure of confidential information in
the public
interest .
. .
. .100Disclosure to allow chief
executive to act. . . . . . . . . . . . . . . . . .100Use
of contact information and business
contact information .
. .101Orders by chief executive about
controlled notifiable conditionsPreliminaryDefinition for
pt 4
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
.101Orders by chief executiveChief executive
may order
detention .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
.102Enforcement of chief executive’s
order .
. .
. .
. .
. .
. .
. .
. .
. .
. .
.103Duration
of chief executive’s
order. . . . . . . . . . . . . . . . . . . . . . .104Orders by magistrate about controlled
notifiable conditionsGeneralApplying for
controlled notifiable conditions order
. .
. .
. .
. .
. .
. .104Deciding application in person’s absence . . . . . . . . . . . . . . . . . .105Initial examination ordersMaking initial examination order. . . . . . . . . . . . . . . . . . . . . . . . .105What initial
examination order may provide. . . . . . . . . . . . . . . .106Service of initial examination order
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
.107Person must remain at place of detention and
undergo medicalexamination . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . .107When period of detention starts. .
. . . . . . . . . . . . . . . . . . . . . . .108Details of medical examination must be
explained . . . . . . . . . . .108When
detained person must be released before the end of initialexamination order. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .108Behavioural ordersMaking behavioural order. .
. . . . . . . . . . . . . . . . . . . . . . . . . . . .109What behavioural order may
provide. . . . . . . . . . . . . . . . . . . .
.109Service of behavioural order . . . . .
. . . . . . . . . . . . . . . . . . . . . . .110Person must comply
with behavioural order
. .
. .
. .
. .
. .
. .
. .
. .110
Division 4129130131132133Division 5134135Division 6136137138139Division 7140141Division 8142Part
6143Part 7144Part
8145146Chapter 4Part
1147148149150Public Health Act 2005ContentsDetention
ordersMaking detention order. . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . .110What
detention order may provide. . . . . . . .
. . . . . . . . . . . . . . .111Service of detention order . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . .112Person must remain at place of detention and
undergo medicalexamination or treatment . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . .112Details of medical examination or treatment
must be explained .113Extension, variation or revocation of
controlled notifiableconditions ordersExtension of behavioural or
detention orders. . . . . . . . . . . . . . .113Variation and revocation of
initial examination, behavioural or
detentionorders. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .114WarrantsApplication for
warrant for
apprehension . . . . . . . . . . . . . . . . . . .114Issue of warrant . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . .115Application by electronic communication and
duplicate warrant .115Defect
in relation
to a
warrant .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .117Procedure
for entry
under orders and warrantsProcedure before
entry—orders. . . . . . . . . . . . . . . . . . . . . . . . .118Procedure before entry—warrants. . . . . . . . . . . . . . . . . . . . . . .118Appeals against magistrate’s
decisionsAppeal against
decision on
application for controlled
notifiable conditionsorder or
extension of order. . . . . . . . . . . . . . . . . . . . . .
. . . . . . .119Reckless spread of controlled
notifiable conditionsPerson must not recklessly spread
controlled notifiable condition120ProceedingsHow proceedings
under this chapter heard . . . . . . . . . . . . . . . . .121Other
matters about controlled
notifiable conditions ordersPerson may give information
necessary for authorised
person’s
safety122Obstructing persons exercising powers. .
. . . . . . . . . . . . . . . . .123Infection control for health care
facilitiesPreliminaryDefinitions for
ch 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . .123Meaning
of declared
health service . . . . . . . . . . . . . . . . . . . . . . .124Meaning of health care
facility .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .125Application
of ch
4 .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
.125Page
7Notauthorised—indicativeonly
Public
Health Act 2005ContentsNotauthorised—indicativeonlyPart 2151Part
3152153154155156156A156BPart 3A156C156D156E156F156G156H156IPart
4157Chapter 4APart 1157APart 2157B157C157D157E157FPart 3157G157H157I157J157KGeneral obligation to minimise
infection risks for declared healthservicesObligation to minimise risk of
infection. . . . . . . . . . . . . . . . . . .
.126Infection control management
plansWhat is an infection control management plan
. . . . . . . . . . . . . .126Obligation of owner for ICMP. .
. . . . . . . . . . . . . . . . . . . . . . . . .127Obligation
of owner/operator
for ICMP. . . . . . . . . . . . . . . . . . . .127What
an ICMP must contain. . . . . . . . . . . . . . . . . . . . . . . . . . . .128Time
for developing and implementing an
ICMP. . . . . . . . . . . .129Giving copy of
ICMP and
information to authorised
person. . . .129Amending ICMP. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .130Improvement notices and
directions noticesImprovement
notice .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .131Record of compliance with improvement
notice. . . . . . . . . . . . .132Directions notice. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .133Chief executive may extend directions notice
. .
. .
. .
. .
. .
. .
. .
.134Court
order may extend directions
notice. . . . . . . . . . . . . . . . . .134Offence to fail to comply with a directions notice. . . . . . . . . . . .135Record of compliance with directions
notice .
. .
. .
. .
. .
. .
. .
. .
.135Reporting contraventions of chapter 4 to other entitiesChief executive
may report
contraventions . . . . . . . . . . . . . . . . .136Health of persons with major disturbance in
mental capacityPreliminaryDefinitions for
ch 4A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .136Taking persons to treatment
or care
placeAmbulance
officer or
police officer may
detain and
transport person 138What ambulance
officer or
police officer must
tell person
. .
. .
. .139Giving emergency examination authority. . . . . . . . . . . . . . . . . .139Detention in treatment or
care place
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .140Examination .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .140Return of persons who abscondApplication of
pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .141Person in charge of facility
may require
return of
absent person141Duration of authorisation or
request. . . . . . . . . . . . . . . . . . . . . .142Authorised person may transport
absent person. . . . . . . . . . . .142Effect on examination period . . . . . . . . . . . . . . . . . . . . . . . . . . . .143Page
8
Notauthorised—indicativeonlyPart
4157L157M157N157O157PPart 5157Q157R157S157T157U157VPart
6157W157X157Y157Z157ZA157ZB157ZC157ZD157ZE157ZFPart
7157ZGChapter 5Part
1158159160Part
2Division 1AA160APublic Health Act 2005ContentsPowersUse of force to
detain and transport. . . . . . . . . . . . . . . . . . .
. . .144Transfer to another treatment or care
place. . . . . . . . . . . . . . . .144Use of reasonable force to detain
person . . . . . . . . . . . . . . . . . .145Examination of person without consent and
with use of reasonable force145Return after examination or treatment and
care to person’s requestedplace. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .145Warrant for apprehension of
person to
transport personApplication for warrant
for apprehension of
person .
. .
. .
. .
. .
. .146Issue of warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .146Electronic application. . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . .147Additional
procedure if electronic
application. . . . . . . . . . . . . . .148Defect in relation to a warrant . . . . . . . . . . . . . . . . . . . . . . . . . . .149Warrants—entry procedure .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .150Searches of persons in treatment or
care placeApplication of pt 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .150Definitions for pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .151Power to search on belief of possession
of harmful
thing .
. .
. .
.152Requirements for personal
search. . . . . . . . . . . . . . . . . . . . . . .153Requirements for
search requiring the
removal of
clothing .
. .
. .153Requirements for
search of
possessions. . . . . . . . . . . . . . . . . .154Record of search must be made . . . . . . . . . . . . . . . . . . . . . . . . .155Seizure of harmful thing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .155Receipt for seized thing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .156Access to seized thing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .157MiscellaneousRelationship
with Guardianship and
Administration Act 2000 . . .157Child healthDefinitionsDefinitions for
ch 5
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .157Who
is a parent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .160What
is a prescribed period for a contagious condition .
. .
. .
. .
.161Contagious
conditionsExclusion of
unvaccinated children from
particular servicesDefinitions for
div 1AA
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
.161Page
9
Public
Health Act 2005ContentsNotauthorised—indicativeonly160B160C160DDivision 1161162163164165166167168169170171Division 2172173Division 3174175176177178179Division 4180181Page 10When
person in charge may exclude child not yet enrolled. .
. .162When person in charge may exclude
enrolled child. . . . . . . . . .163Immunisation status of children allowed to
attend without statement 165Directions about
attendance of children at a school, education andcare
service or QEC approved serviceWhen parent must
not send a child to school, education and care serviceor
QEC approved service. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .165When
teacher or educator must
advise person in charge . . . . . .166Person in charge may advise parent about
suspicion of contagiouscondition. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .166Person in charge may direct parent not to send child to school, educationand care service
or QEC
approved service . . . . . . . . . . . . . . . . .166Person in charge may advise parent of child not vaccinated aboutsuspicion of vaccine preventable
condition .
. .
. .
. .
. .
. .
. .
. .
. .167Person in charge may direct parent not to send child to school, educationand care service or QEC approved
service .
. .
. .
. .
. .
. .
. .
. .
. .168Chief executive may authorise
examination of children
at school,education and
care service or QEC approved
service. . . . . . . .168Chief executive must advise
parent about examination. . . . . . .169Chief executive may
direct person in charge in relation to
child .170Person in charge must include
information in direction
. .
. .
. .
. .171When
person in charge may readmit child before prescribed period
ends172Information sharingChief executive may require details if child
suspected of having acontagious condition. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .173Giving health information held
by a
health agency. . . . . . . . . . .174Confidentiality of information
and protection for
personsDefinitions for
div 3. . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . .175Confidentiality
of information . . . . . . . . . . . . . . . . . . . . . . . . . .
. .175Disclosure
under an
Act or
another law. . . . . . . . . . . . . . . . . . .176Disclosure under Act or with written
consent etc.. . . . . . . . . . . .176Disclosure to
a person
to help
prevent or
minimise transmission of
acontagious
condition. . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . .176Protection for
persons acting under pt 2 . . . . . . . . . . . . . . . . . .
.176Other action to control contagious
conditionsDirections to person in charge of school,
education and care service orQEC approved
service. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .178Temporary closure of school, education and
care service or QECapproved
service .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .179
Division 5182Division 6184APart
3Division 1185Division 2186Division 3187Division 4188189190Division 6197198199200Division 7201202203204Division 8205206207Division 9Public Health Act 2005ContentsReview of order to close school, education
and care service or QECapproved serviceReview of
Minister’s order to close school, education and care service
orQEC approved service. . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . .180Approved provider must ensure person
complies with this partApproved provider must ensure person
in charge complies with pt 2180Child
abuse and
neglectPrinciples under
which part
3 to
be administeredGuiding
principles for pt 3. . . . . . . . . . . . . . . . . . . . . .
. . . . . . . .181Relationship with Child Protection Act
1999Relationship
with Child
Protection Act 1999. . . . . . . . . . . . . . . .182Custody of child
held at
health service facilityPerson in charge of
facility has custody
of child
held at
facility .
.183Designated medical officersAppointment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .183When
person in charge taken
to be
a designated medical
officer184Powers. . .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
.184Care and treatment order for childDesignated
medical officer may
make care
and treatment order
for child184Designated
medical officer must notify person in charge of facility
wherechild held . .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
.185Designated medical officer
must advise
chief executive (child safety)186Designated medical officer
must advise
parents of
child held
. .
.186Extension
of care
and treatment orderDesignated medical officer
may extend
care and
treatment order187Designated medical officer must notify
person in charge of facility aboutextension of
order. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .188Designated medical officer must advise chief
executive (child safety)about extension of order. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .188Designated
medical officer must
advise child’s parents about
extensionof order. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .188Enforcement and
duration of
care and
treatment orderEnforcement of
care and
treatment order . . . . . . . . . . . . . . . . . .189Duration of order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .189Limit on the number of care and treatment
orders. . . . . . . . . . .190Chief executive (child safety)
may require
information about childPage 11Notauthorised—indicativeonly
Notauthorised—indicativeonlyPublic Health Act 2005Contents208Division 10209210211212Division 11213Part
4213AA213AB213AC213AD213AE213AFChapter 5A213A213B213C213DChapter 6Part 1Division 1214Division 2215216Division 3217218Division 4held under care
and treatment orderChief executive (child safety) may require
information from designatedmedical officer
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . .190Measures that may be taken in relation
to a child held under a careand treatment
orderMedical examination or treatment of child
held under order . . . .191Designated medical
officer may
request information from
doctors192Transfer of child from one facility to
another .
. .
. .
. .
. .
. .
. .
. .
.192Parent may choose doctor to examine
child . . . . . . . . . . . . . . . .193Offences
relating to
child held
at health
service facilityOffence to
remove child. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .194Disclosure of
information for school health programsDefinitions for
part .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
.194Application of part. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .195Identifying
school health program providers. . . . . . . . . . . . . . . .195Disclosure of information about
students. . . . . . . . . . . . . . . . . .195Application of
Information Privacy Act
2009 to
contracted serviceproviders. .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . .196Delegation by health service chief
executive for this part . . . . . .197Performance of cosmetic procedures on
childrenDefinition for ch 5A. . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . .197Offence to perform, or offer to
perform, cosmetic procedure on a child199Offence to procure, or offer to procure,
performance of cosmeticprocedure on a child. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .200Chief executive
may report
contravention . . . . . . . . . . . . . . . . . .200Health information managementPerinatal
statisticsDefinitionsDefinitions for
pt 1
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .201Establishment and purposes
of collectionCollection . .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
.202Purposes of collection .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .202Notifications
about perinatal statisticsGiving
notifications to chief executive
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
.203Further
information may be required
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .203ConfidentialityPage
12
219220221222223224225226227228228A228BPart
1ADivision 1228CDivision 2228D228EDivision 3228F228GDivision 4228H228I228J228K228L228M228N228O228P228Q228RPublic Health Act 2005ContentsDefinitions for
div 4. . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . .204Confidentiality
of information . . . . . . . . . . . . . . . . . . . . . . . . . .
. .205Disclosure under an Act or another
law. . . . . . . . . . . . . . . . . . .205Disclosure under Act or with written
consent etc.. . . . . . . . . . . .205Disclosure of confidential information in
the public interest . . . . .205Disclosure for data collection
and public
health monitoring. . . .206Disclosure for purposes relating
to health
services .
. .
. .
. .
. .
. .206Disclosure to Commonwealth, another State
or Commonwealth or
Stateentity. .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . .207Disclosure to quality assurance
committee . . . . . . . . . . . . . . . . .208Disclosure to allow chief executive to
act. . . . . . . . . . . . . . . . . .208Disclosure of information for an
investigation under the Coroners Act208Arrangements about transfer
of information. . . . . . . . . . . . . . . .209Maternal death statisticsDefinitionsDefinitions for
pt 1A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . .209Establishment and
purposes of
collectionCollection .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .210Purposes of
collection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .210Notifications
about maternal death
statisticsGiving
information to chief executive
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .211Further
information may be required
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .211ConfidentialityDefinitions for
div 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .212Confidentiality
of information .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
.213Disclosure under an Act or another law. . . . . . . . . . . . . . . . . . .213Disclosure under Act or with written
consent etc.. . . . . . . . . . . .213Disclosure of
confidential information in
the public
interest .
. .
. .213Disclosure for data collection
and public
health monitoring. . . .214Disclosure for purposes relating
to health
services .
. .
. .
. .
. .
. .214Disclosure to Commonwealth, another State
or Commonwealth or
Stateentity. .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . .215Disclosure to quality assurance
committee . . . . . . . . . . . . . . . . .216Disclosure to allow chief executive to
act. . . . . . . . . . . . . . . . . .216Disclosure of information for an
investigation under the Coroners Act216Page 13Notauthorised—indicativeonly
Notauthorised—indicativeonlyPublic Health Act 2005Contents228SPart
2Division 1229Division 2230231232Division 3233234235236Division 4237238239240241242243244245246247248249250Part 3Division 1251252Division 2253Arrangements about transfer of
information. . . . . . . . . . . . . . . .217Cancer notificationsDefinitionsDefinitions for
pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . .217Establishment and purposes of
registerRegister . . .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
.218Purposes of register. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .218Responsibility
for keeping
of register. . . . . . . . . . . . . . . . . . . . .219Notifications about cancerApplication
of div
3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .219Notifications about cancer
to be
given to
chief executive. . . . . .219Directions to give notifications
about cancer to contractor. . . . .220Further information may be required . . . . . . . . . . . . . . . . . . . . . .221ConfidentialityDefinitions for
div 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .222Confidentiality of information
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .223Disclosure under an Act or another law. . . . . . . . . . . . . . . . . . .223Disclosure under Act or with written
consent etc.. . . . . . . . . . . .223Disclosure of
confidential information in
the public
interest .
. .
. .223Disclosure for data collection
and public
health monitoring. . . .224Disclosure for purposes relating
to health
services .
. .
. .
. .
. .
. .224Disclosure to Commonwealth, another State
or Commonwealth or
Stateentity. .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . .225Disclosure to quality assurance
committee . . . . . . . . . . . . . . . . .226Disclosure to contractor or employee of
contractor for maintaining theregister. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .226Disclosure to allow chief
executive to act. . . . . . . . . . . . . . . . . .226Confidentiality of information
for contractors .
. .
. .
. .
. .
. .
. .
. .
.226Disclosure by contractor. .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . .227Arrangements about transfer of
information. . . . . . . . . . . . . . . .227Pap
Smear RegisterDefinitions
and applicationDefinitions for
pt 3
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .228Application of
part. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .230Establishment and purposes
of registerPap Smear
Register. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .231Page
14
254255Division 3256257258259Division 4260261262263264265Division 5266267268269270271272273274275276Division 6277Public Health Act 2005ContentsPurposes of
register. . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . .231Women may elect
to withhold, remove or change information in theregister. . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. .232Duties of persons involved in
obtaining and testing Pap smears,histological
samples and HPV samplesInitial duty of person obtaining Pap
smear, histological sample or HPVsample . . .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .233Duty
if woman elects for her identifying and
clinical information not
to beincluded
in the
register. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .233Provider’s duty
if woman
previously elected for
information not to beincluded
in the
register. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .234Duty
of director to provide information. . . . . . . . . . . . . . . . . . . .235Duties of chief executive concerning registered screening historiesand authority
to send
noticesDuty of chief executive
on receipt
of information .
. .
. .
. .
. .
. .
. .235Chief executive may send reminder notices
to particular women236Chief executive may send reminder notice to
woman’s health practitioner. . . . . . . .
. . .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. 236Duty of
chief executive to remove registered screening history.236Duty
of chief executive to change identifying information . . . . .
.237Chief executive may request
information. . . . . . . . . . . . . . . . . .237Confidentiality of, and access to,
registered screening histories ofwomenConfidentiality of information . . . . . . .
. . . . . . . . . . . . . . . . . . . . .238Disclosure under an Act or another
law. . . . . . . . . . . . . . . . . . .239Disclosures about woman’s registered
screening history . . . . . .239Disclosure to Commonwealth, another State or
Commonwealth or Stateentity. . . . .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
.239Disclosure to quality assurance
committee . . . . . . . . . . . . . . . . .240Disclosure to allow chief executive to
act. . . . . . . . . . . . . . . . . .240Access to register by health
practitioners. . . . . . . . . . . . . . . . . .241Access to register by directors of,
and nominated persons at, pathologylaboratories. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .241Unauthorised access to registered screening
histories . . . . . . . .243Health
practitioners, directors and nominated persons to keep
registeredscreening histories confidential .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
.243Chief executive to monitor access to information. . . . . . . . . . . .244Agreements and
arrangements about confidential
information, anddesignation of
particular personsAgreement
for sending
out notice
under s
260, 261
or 262. . . .245Page 15Notauthorised—indicativeonly
Public Health Act 2005Public Health Act
2005Chapter 1 Preliminary[s 1]An Act
to protect and promote the health of the Queenslandpublic, and for other purposesNotauthorised—indicativeonlyChapter 1PreliminaryPart 1Introduction1Short
titleThis Act may be cited as thePublic Health Act 2005.2CommencementThis Act
commences on a day to be fixed by proclamation.3Act
binds all persons(1)Subject to subsection (2), this Act
binds all persons, includingthe State and,
so far as the legislative power of the Parliamentpermits, the Commonwealth and all the other
States.(2)ThefollowingprovisionsdonotbindtheStateforlocalgovernment
public health risks—(a)chapter 2, part
3;(b)section 386;(c)sections 394 and 395.(3)NothinginthisActmakestheCommonwealthoraStateliable to be
prosecuted for an offence.Current as at [Not applicable]Page
27
Public
Health Act 2005Chapter 1 Preliminary[s 4]4Contravention of this Act does not
create civil cause ofactionNo provision of
this Act creates a civil cause of action basedon a
contravention of the provision.Notauthorised—indicativeonly5Act does not
affect other rights or remedies(1)This
Act does not affect or limit a civil right or remedy thatexistsapartfromthisAct,whetheratcommonlaworotherwise.(2)Withoutlimitingsubsection (1),compliancewiththisActdoesnotnecessarilyshowthatacivilobligationthatexistsapartfromthisActhasbeensatisfiedorhasnotbeenbreached.Part 2Object6Object of ActThe object of
this Act is to protect and promote the health ofthe
Queensland public.7How object is mainly achievedThe
object is to be mainly achieved by—(a)preventing,controllingandreducingriskstopublichealth;
and(b)providingfortheidentificationof,andresponseto,notifiable conditions; and(c)imposingobligationsonpersonsandparticularhealthcarefacilitiesinvolvedintheprovisionofdeclaredhealth services
to minimise infection risks; and(d)providing for persons who have a major
disturbance inmental capacity to be transported to a
treatment or careplace; andPage 28Current as at [Not applicable]
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 1
Preliminary[s 8](e)protecting children who have been harmed or
are at riskofharmwhenthechildrenpresentathealthservicefacilities; and(f)restrictingtheperformanceofcosmeticproceduresonchildren; and(g)collecting and managing particular health
information,andestablishingmechanismsforhealthinformationheld by a health
agency to be accessed for appropriateresearch;
and(h)inquiring into serious public health
matters; and(i)responding to public health
emergencies; and(j)providing for compliance with this Act
to be monitoredand enforced.Part 3Interpretation8DefinitionsThe dictionary
in schedule 2 defines particular words used inthis Act.9Notes in textA note in the
text of this Act is part of the Act.Current as at
[Not applicable]Page 29
Public
Health Act 2005Chapter 2 Environmental health[s
10]Chapter 2Environmental
healthNotauthorised—indicativeonlyPart 1Public health
risks10Definitions for ch 2In
this chapter—localgovernmentpublichealthriskmeansapublichealthrisk—(a)mentionedinsection 11(1)(a)or(b)(i),(iv),(v),(vi),(vii) or (viii); or(b)prescribed under section 18 as a public
health risk that istobeadministeredandenforcedonlybylocalgovernments.public health
risksee section 11.State public
health riskmeans a public health risk—(a)mentioned in section 11(1)(b)(ii),
(iii), (ix) or (x); or(b)prescribed under
section 18 as a public health risk that isto be
administered and enforced only by the State.11Meaning ofpublic health
risk(1)Public health riskmeans—(a)an animal, structure, substance or
other thing that—(i)is,orislikelytobecome,abreedinggroundorsource of food for designated pests;
or(ii)harbours,orislikelytobecomesomethingthatharbours,
designated pests; or(b)any of the
following that is, or is likely to be, hazardoustohumanhealth,orthatcontributesto,orislikelytocontribute to, disease in humans or
the transmission ofan infectious condition to humans—Page
30Current as at [Not applicable]
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 2
Environmental health[s 11](i)a
designated pest;(ii)drinkingwatersuppliedbyadrinkingwaterservice
provider;(iii)recycledwaterproducedorsuppliedunderarecycled water scheme within the
meaning of theWater Supply (Safety and Reliability) Act
2008;(iv)water, other
than water mentioned in subparagraph(ii) or
(iii);(v)waste;(vi)adeadorlivinganimal,structure,substanceorother thing that has been, or is
likely to have been,exposed to an infectious
condition;(vii) adispersalorreleaseofapesticide,herbicide,solventorotherchemicalataplaceotherthanaworkplace;(viii) adispersalorreleaseofaby-productofmanufacturing,construction,repair,alteration,cleaning or
demolition work at a place other than aworkplace;(ix)lead
used, or being used, in a way that contravenessection 58 or
59;(x)paint used, or being used, in a way
that contravenesthe standard mentioned in section 60;(xi)any other
activity, animal, substance or other thingprescribed under
a regulation.Examples for subparagraph (viii)—1driftingfibreglassdustresultingfrombuildingafibreglass boat2propulsion into the environment of lead
particles as aresult of sandblasting lead-based
paint3the release of asbestos fibres through
the renovationofahousecontainingasbestos-cementsheetingorinsulation material comprising or
containing asbestosCurrent as at [Not applicable]Page
31
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 2 Environmental health[s
12](2)The Minister must not recommend to the
Governor in Councilthe making of a regulation under subsection
(1)(b)(xi) unlessthe Minister is satisfied the activity,
animal, substance or otherthing—(a)is,
or is likely to be, hazardous to human health; or(b)contributes,orislikelytocontribute,todiseaseinhumans or to the transmission of an
infectious conditionto humans.(3)In
this section—animaldoes not include
a human.diseaseincludes a
non-infectious condition.wasteincludes an
accumulation or deposit of a substance or athing.waterincludesdrinkingwater,waterusedforrecreationalpurposes,
recycled water, waste water and sewage.workplacehasthemeaninggivenintheWorkHealthandSafety Act 2011.Part
2Roles of the State and localgovernments for public healthrisks12When
Act administered only by the State(1)This
Act is to be administered and enforced by the State andnot
by local governments for—(a)State public
health risks; and(b)a regulation made under section 61
that states that theregulationistobeadministeredandenforcedbytheState only.(2)This
section is subject to section 14.Page 32Current as at [Not applicable]
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 2
Environmental health[s 13]13When
Act administered only by local governments(1)ThisActistobeadministeredandenforcedbylocalgovernments and
not by the State for—(a)local government
public health risks; and(b)a regulation
made under section 61 that states that theregulation is to
be administered and enforced by localgovernments
only.(2)This section is subject to section
14.14When State and local governments
administer this Act inpartnership(1)The
chief executive and the chief executive officer of a localgovernment may agree that—(a)the State do a thing in the
administration or enforcementof this Act for
a matter mentioned in section 13(1); or(b)the
local government do a thing in the administration orenforcementofthisActforamattermentionedinsection 12(1).(2)Forsubsection (1)(a),thechiefexecutivemayperformfunctionsandexercisepowersforthisActforamattermentionedinsection 13(1),includingappointingauthorisedpersons.(3)For subsection (1)(b), a chief
executive officer may performfunctionsandexercisepowersforthisActforamattermentionedinsection 12(1),includingappointingauthorisedpersons.(4)Anappointmentundersubsection (2)or(3)maybemadebefore or after
an agreement under this section.15Action by the State if local government does
notadminister and enforce this Act(1)Subsection (3) applies if the chief
executive—Current as at [Not applicable]Page
33
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 2 Environmental health[s
16](a)is reasonably of the opinion there is
a significant risk topublichealthfromapublichealthriskinalocalgovernment’sareaforamattermentionedinsection 13(1); and(b)issatisfiedalocalgovernmenthasnotdone,orsufficientlydone,athingintheadministrationorenforcement of this Act for the matter;
and(c)isreasonablyoftheopinionthatdoingthethingisnecessary to remove or reduce the risk to
public healthfromapublichealthrisk,orpreventarisktopublichealth from
recurring.(2)For subsection (1)(a), the chief
executive must have regard tothe following in
forming an opinion about whether there is asignificant risk
to public health from the public health risk—(a)the
potential consequences for the health of individuals;(b)the number of persons likely to be
exposed to the risk.(3)The chief
executive may do the thing and the reasonable costsandexpensesincurredbythechiefexecutiveareadebtpayable by the
local government to the State.(4)Forsubsections (1),(2)and(3),thechiefexecutivemayperformfunctionsandexercisepowersforthisActforamattermentionedinsection 13(1),includingappointingauthorised
persons.(5)An appointment under subsection (4)
may be made before orafter a local government has not done
a thing mentioned insubsection (1)(b).16Procedure before taking action under s
15Before the chief executive does a thing
under section 15(3),the chief executive must—(a)consultwiththechiefexecutiveofficerofthelocalgovernment;
and(b)give the chief executive officer a
reasonable opportunityto do the thing.Page 34Current as at [Not applicable]
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 2
Environmental health[s 17]17State
may require report from local government(1)Thissectionappliestoamatterunderthischapteradministered and enforced—(a)by both the State and local
governments in partnershipunder section 14; or(b)by local governments only.(2)The chief executive, by notice, may
ask a local government togivethechiefexecutiveinformationaboutthelocalgovernment’sadministrationandenforcementofthematterwithin a stated
reasonable time.(3)The local government must comply with
the request.(4)However,beforegivingnoticeunderthissection,thechiefexecutive must
consult with the chief executive officer of thelocal
government.18Regulation to prescribe who is to
administer this Act forparticular public health risksIf a
regulation is made under section 11(1)(b)(xi) prescribinga
public health risk, the regulation must state whether this
Actis to be administered and enforced for the
public health riskby—(a)the State only;
or(b)local governments only.19Effect of Act on local laws(1)This Act does not prevent a local
government from makinglocal laws about public health
risks.(2)For this Act, local laws about public
health risks have effectdespite theLocal Government
Act 2009, section 27.(3)However, subsection (2) does not apply to a
local law that isinconsistent with a regulation made under
section 61.Current as at [Not applicable]Page
35
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 2 Environmental health[s
20]20Application of Local Government Act
2009TheLocal Government Act 2009,
chapter 5, part 2, does notapply to the
administration and enforcement of this Act by alocal
government.Part 3Public health
ordersDivision 1Preliminary21What
public health order may require(1)A
public health order may require a person to do something ata
place that is—(a)reasonablynecessarytoremoveorreducetherisktopublic health from a public health risk, or
prevent a riskto public health from recurring; and(b)appropriateinthecircumstanceshavingregardtothenature and seriousness of the risk to
public health at thetime the order is made.(2)Withoutlimitingsubsection (1),apublichealthordermayrequire a person to do any of the following
at the place—(a)cleanordisinfecttheplace,orpartoftheplace,orastructure or other thing at the place,
in the way stated inthe order;(b)carry out insect or pest control at the
place in the waystated in the order;(c)demolish stated structures or other property
at the placein the way stated in the order;(d)removestatedmaterialoritemsfromtheplacetoanother place stated in the order in the way
stated in theorder;Page 36Current as at [Not applicable]
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 2
Environmental health[s 22](e)disposeofstatedmaterialoritemsattheplaceinthewaystatedintheorder,forexample,byburyingthematerial or items;(f)destroy animals at the place or remove
animals from theplace for destruction at another place in
the way statedin the order;(g)stopusingtheplace,orpartoftheplace,forastatedpurpose, within
a stated period or until stated steps aretaken.(3)A public health order must—(a)be in writing; and(b)stateaperiodwithinwhichthepersontowhomitisgiven must comply with the
order.(4)The period stated under subsection
(3)(b) must be reasonablehavingregardtotherisktopublichealthfromthepublichealth
risk.22Public health orders about
animals(1)Thissectionappliesifanauthorisedpersonreasonablybelieves there
is a public health risk at a place involving ananimal that is,
or is likely to be, a carrier of—(a)prohibitedmatterorrestrictedmatterundertheBiosecurity Act 2014; orNotes—1See
theBiosecurity Act 2014, schedule 1 or
schedule 22See also the note to theBiosecurity Act 2014, schedules
1and 2.(b)controlledbiosecuritymatterorregulatedbiosecuritymatter under
theBiosecurity Act 2014.(2)Beforeanauthorisedpersonissuesapublichealthorderrelating to the
animal, the chief executive or chief executiveofficermustconsultthechiefexecutiveadministeringtheBiosecurity Act 2014.Current as at [Not applicable]Page
37
Public
Health Act 2005Chapter 2 Environmental health[s
23](3)In this section—carriermeans a carrier under theBiosecurity Act 2014.Notauthorised—indicativeonlyDivision 2Giving public
health orders23Public health orders(1)If an authorised person reasonably
believes that a person isresponsible for a public health risk
at a place, the authorisedpersonmaygiveapublichealthordertotheperson(therecipient).(2)The public health order must
state—(a)the name and address of the recipient;
and(b)the nature of the public health risk;
and(c)the address of the place of the public
health risk; and(d)the steps the recipient must take, or
action the recipientmust stop, at the place to remove or
reduce the risk topublic health from the public health risk,
or prevent therisk to public health from recurring;
and(e)the period within which the steps must
be taken or theaction must be stopped; and(f)the name of the authorised person;
and(g)thename,addressandcontactdetailsoftheissuingauthority; and(h)that
it is an offence for the recipient not to comply withthe
order, unless the recipient has a reasonable excuse;and(i)that if the
order is not complied with an application maybe made to a
magistrates court for an enforcement order.(3)The
public health order must also set out, or state the effect
of,sections 387 and 388.(4)The
recipient must comply with the public health order, unlessthe
recipient has a reasonable excuse.Page 38Current as at [Not applicable]
Public Health Act 2005Chapter 2
Environmental health[s 24]Maximum
penalty—200 penalty units.Note—If a recipient
fails to comply with a public health order, the issuingauthoritymaytakeactionunderchapter9,forexampleundersection 388.
Other action may be taken under this Act, for example,under division 3 of this part.Notauthorised—indicativeonlyDivision 3Enforcement of
public health orders24Issuing authority may apply for
enforcement order(1)This section applies if the issuing
authority considers a personhas contravened
a public health order.(2)The issuing
authority may apply to a magistrate for an orderenforcing the public health order (anenforcement order).(3)The application must—(a)be sworn; and(b)state the grounds on which the application
is made; and(c)state the nature of the enforcement
order sought; and(d)be accompanied by a copy of the public
health order.(4)The magistrate may refuse to consider
the application until theapplicantgivesthemagistratealltheinformationthemagistraterequiresabouttheapplicationinthewaythemagistrate requires.Example—Themagistratemayrequireadditionalinformationsupportingtheapplication be given by statutory
declaration.25Notice of hearing must be given(1)The person to whom the application
relates must be given anotice at least 14 days before the day
the application is to beheard.(2)The
notice—Current as at [Not applicable]Page
39
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 2 Environmental health[s
26](a)must be accompanied by a copy of the
application; and(b)must state—(i)the
time when and the place where the applicationis to be heard;
and(ii)that the person
may appear at the hearing and beheard on the
application; and(iii)that, if the
person does not appear, the applicationmay be decided
in the person’s absence.(3)If the person
appears at the time and place stated in the notice,the
person is entitled to be heard on the application.(4)If the person does not appear at the
time and place stated inthenotice,theapplicationmaybedecidedintheperson’sabsence.26When magistrate may order
enforcementThe magistrate may make an enforcement order
against theperson only if the magistrate is
satisfied—(a)a public health order was given to the
person; and(b)thepublichealthorderwasappropriateinthecircumstanceshavingregardtothenatureandseriousness of the risk to public health
from the publichealth risk at the time the order was given;
and(c)the person has contravened the public
health order; and(d)notice under section 25 has been given
to the person.27What enforcement order may
require(1)The magistrate may make an enforcement
order in the sametermsasthepublichealthorder,orinothertermsthemagistrate considers
appropriate.(2)Withoutlimitingsubsection (1),themagistratemayordereither—(a)that—Page 40Current as at [Not applicable]
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 2
Environmental health[s 27](i)thepersonagainstwhomtheorderismadetakesteps to remove or reduce the risk to public
healthfrom the public health risk, or prevent the
risk topublic health from recurring; and(ii)ifthepersonfailstotakethesteps,theissuingauthority may
enter the place and take the steps; or(b)thattheissuingauthoritymayenteraplacebyitsemployees or agents to take steps to
remove or reducethe risk to public health from the public
health risk, orprevent the risk to public health from
recurring.(3)If the magistrate makes an order under
subsection (2)(a), theorder must state—(a)the
address of the place the steps are to be taken; and(b)the steps the person must take;
and(c)the period within which the steps must
be taken; and(d)that an authorised person—(i)mayentertheplacetocheckwhetherthestepsunder the order
are being, or have been, taken; and(ii)may
use necessary and reasonable help and forceto enter;
and(e)thetimesandintervalsforentryunderparagraph(d);and(f)thatifthestepsrequiredtobetakenundertheenforcementorderhavenotbeentakenwithintherequired period, the issuing authority may
take the steps;and(g)thatforparagraph(f),anemployeeoragentoftheissuing authority—(i)mayentertheplacetotakethestepsundertheorder; and(ii)may
use necessary and reasonable help and forceto enter, if the
employee or agent is an authorisedCurrent as at
[Not applicable]Page 41
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 2 Environmental health[s
27]person or is accompanied by an authorised
person;and(h)thetimesandintervalsforentryunderparagraph(g);and(i)who must pay the
costs of taking the steps; and(j)that
it is an offence not to comply with the enforcementorder unless the person has a reasonable
excuse.(4)If the magistrate makes an order under
subsection (2)(b), theorder must state—(a)the
address of the place where the steps are to be taken;and(b)the steps that
may be taken at the place by the issuingauthority;
and(c)that an employee or agent of the
issuing authority—(i)mayentertheplacetotakethestepsundertheorder; and(ii)may
use necessary and reasonable help and forceto enter, if the
employee or agent is an authorisedperson or is
accompanied by an authorised person;and(d)thetimesandintervalsforentryunderparagraph(c);and(e)the day when the
order ends; and(f)that an authorised person—(i)mayentertheplacetocheckwhetherthestepsunder the order
are being, or have been, taken; and(ii)may
use necessary and reasonable help and forceto enter;
and(g)the times and intervals for entry
under paragraph (f); and(h)who must pay the
cost of taking the steps.Page 42Current as at
[Not applicable]
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 2
Environmental health[s 28]28Person must comply with enforcement
order(1)A person must comply with an
enforcement order unless theperson has a
reasonable excuse.Maximum penalty—400 penalty units.(2)Subsection (1) does not limit any
other liability a person mayincur for a
contravention of the order.29Application may
be dealt with in proceeding for offence(1)This
section applies if a person to whom an application for anenforcement order relates is being
prosecuted for an offenceagainst section 23(4).(2)Theapplicationmaybedealtwithintheprosecutionproceedings.Division 4Taking steps under enforcementorder30Procedure before entry under enforcement
order(1)This section applies if—(a)an enforcement order allows—(i)anissuingauthoritytoenteraplacebyitsemployeesoritsagentstotakestepsundertheorder; or(ii)anauthorisedpersontoenteraplacetocheckwhetherthestepsundertheorderarebeing,orhave
been, taken; and(b)theemployees,agentsorauthorisedpersonintendstoenter the place under the order.(2)Before entering the place, the
employee, agent or authorisedpersonmustdoormakeareasonableattempttodothefollowing—Current as at
[Not applicable]Page 43
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 2 Environmental health[s
31](a)identifyhimselforherselftoapersonpresentattheplace who is an
occupier of the place;(b)give the person
a copy of the order;(c)tellthepersonthattheemployee,agentorauthorisedperson is
permitted by the order to enter the place;(d)give
the person an opportunity to allow the employee,agent or authorised person immediate entry
to the placewithout using force.(3)However, the employee, agent or authorised
person need notcomplywithsubsection (2)iftheemployee,agentorauthorisedpersonbelievesonreasonablegroundsthatimmediate entry
to the place is required to ensure the effectiveexecution of the order is not
frustrated.31Costs under enforcement order
recoverable as a debt(1)The issuing
authority may recover the amount payable by aperson ordered
to pay the costs under an enforcement order asa debt due to
the issuing authority.(2)For subsection
(1), the amount becomes payable 30 days afterthe issuing
authority gives the person details of the amount ofthe
costs.(3)If the issuing authority is a local
government—(a)theamountpayabletothelocalgovernmentbearsinterestasifitwereanamountofanoverdueratepayabletoalocalgovernmentundertheLocalGovernment Act
2009; and(b)the
amount payable plus interest may be recovered bythelocalgovernmentasifthetotalamountwereanamountofanoverdueratepayabletoalocalgovernment under
theLocal Government Act 2009.32Cost under
enforcement order a charge over land(1)This
section applies if an amount (including any interest ontheamount)(theunpaidamount)ispayabletoalocalPage
44Current as at [Not applicable]
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 2
Environmental health[s 33]governmentbyapersonunderanenforcementorderthatrelates to a
public health risk on land owned by the person.(2)The
unpaid amount is a charge on the land.(3)Thelocalgovernmentmaylodgearequesttoregisterthecharge in the appropriate form over the land
with the registrarof titles.(4)The
request must be accompanied by a certificate signed bythe
local government’s chief executive officer stating there is
acharge over the land under this
section.(5)A registered charge has priority over
all other encumbrancesover the land other than—(a)encumbrancesinfavouroftheStateoragovernmententity;
and(b)rates payable to the local
government.(6)Thechargeisinadditiontoanyotherremedythelocalgovernment has
for recovery of the unpaid amount.Division 5Recovery of costs from third parties33Recipient may apply for
contribution(1)This section applies if the recipient
of a public health orderhas complied with the order and
considers another person (thethirdparty)iswhollyorpartlyresponsibleforthepublichealth risk the
subject of the order.(2)The recipient
may apply to a magistrates court for an orderthat the third
party pay part or all of the costs of removing orreducing the risk to public health from the
public health risk,or of preventing the risk to public health
from recurring (thecost recovery order).(3)The application must—(a)be sworn; and(b)state the grounds on which the application
is made; andCurrent as at [Not applicable]Page
45
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 2 Environmental health[s
34](c)state the name of the third party;
and(d)state the amount sought from the third
party; and(e)be accompanied by a copy of the public
health order.(4)The magistrate may refuse to consider
the application until theapplicantgivesthemagistratealltheinformationthemagistraterequiresabouttheapplicationinthewaythemagistrate requires.Example—Themagistratemayrequireadditionalinformationsupportingtheapplication be given by statutory
declaration.34Notice of hearing of cost recovery
order must be given(1)The third party to whom the
application relates must be givena notice at
least 14 days before the day the application is to beheard.(2)The
notice—(a)must be accompanied by a copy of the
application; and(b)must state—(i)the
time when and the place where the applicationis to be heard;
and(ii)that the third
party may appear at the hearing andbe heard on the
application; and(iii)that,ifthethirdpartydoesnotappear,theapplication may be decided in the absence of
thethird party.(3)If
the third party appears at the time and place stated in thenotice,thethirdpartyisentitledtobeheardontheapplication.(4)If
the third party does not appear at the time and place statedin
the notice, the application may be decided in the absence ofthe
third party.Page 46Current as at
[Not applicable]
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 2
Environmental health[s 35]35When
magistrates court may make cost recovery order(1)A
magistrates court may make a cost recovery order againstthe
third party if it is satisfied—(a)a
public health order was given to a person; and(b)the
person has complied with the order and has paid, orisliabletopay,anamountforthecostofcomplyingwith the order;
and(c)the third party is responsible for
part or all of the publichealth risk the subject of the order;
and(d)a copy of the application for the cost
recovery order hasbeen given to the third party.(2)An order made by the court is a
judgment in the court’s civiljurisdiction.Part 4Authorised prevention andcontrol programs36Chief
executive may authorise prevention and controlprogram(1)This section applies if the chief
executive is satisfied there is,or is likely to
be, in an area—(a)anoutbreakofadiseasecapableoftransmissiontohumans by designated pests; or(b)a plague or infestation of designated
pests.(2)Thechiefexecutivemayauthorise,inwriting,apreventionandcontrolprogramforthearea(thechiefexecutive’sauthorisation).(3)However,subsection
(4)appliesifapreventionandcontrolprogram relates
to 1 of the following that affects animals—(a)prohibitedmatterorrestrictedmatterundertheBiosecurity Act 2014;Current as at [Not applicable]Page
47
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 2 Environmental health[s
37]Notes—1See
theBiosecurity Act 2014, schedule 1 or
schedule 2.2See also the note to theBiosecurity Act 2014, schedules
1and 2.(b)controlledbiosecuritymatterorregulatedbiosecuritymatter under
theBiosecurity Act 2014.(4)Beforeauthorisingthepreventionandcontrolprogram,thechief executive must consult the chief
executive administeringtheBiosecurity Act
2014.(5)Also, before
authorising a prevention and control program thechief executive must consult with the local
government for thearea to which the program relates.37What chief executive’s authorisation
must stateThe chief executive’s authorisation must
state the following—(a)the reasons for
the prevention and control program;(b)the
designated pests to which the program relates;(c)the
area to which the program relates;(d)the
types of places within the area to which the programrelates;(e)the
measures to be taken under the program;(f)the
duration of the program;(g)who is to
undertake the program;(h)anyconditionsaboutthewaytheprogramistobeundertaken.38Publication of authorisation(1)Thechiefexecutivemustpublishthechiefexecutive’sauthorisation at
least 7 days before the start of the program, inthe
area to which the program relates, by newspaper, radio ortelevision.Page 48Current as at [Not applicable]
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 2
Environmental health[s 39](2)Failuretopublishtheauthorisationdoesnotaffecttheauthorisation.39Who
may undertake prevention and control program(1)For
section 37(g) the chief executive may authorise—(a)1ormorelocalgovernments,ifthechiefexecutiveofficer of each local government agrees;
or(b)the State; or(c)the
State and 1 or more local governments, if the chiefexecutive officer of each local government
agrees.(2)Apreventionandcontrolprogrammustbeundertakenbyauthorised persons.40Powers available for prevention and control
program(1)Forundertakingapreventionandcontrolprogram,anauthorisedpersonmayexerciseonlythepowersunderthispart and must
not exercise the powers under chapter 9.(2)Subsection (1)doesnotapplytotheinvestigationbyanauthorised person of the contravention
of a provision of thispart.41Power
of authorised persons to enter place forprevention and
control program(1)Forundertakingapreventionandcontrolprogram,anauthorised person may enter a place in
the area to which theprogram relates at any reasonable time
of the day or night, tosearch for—(a)the
designated pests to which the program relates; and(b)an animal, structure, substance or
other thing that—(i)is,orislikelytobecome,abreedinggroundorsource of food for designated pests;
orCurrent as at [Not applicable]Page
49
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 2 Environmental health[s
42](ii)harbours,orislikelytobecomesomethingthatharbours,
designated pests.(2)Anauthorisedpersonmaynotenteradwellingundersubsection (1) without the occupier’s
consent.(3)Forsubsection
(2),thefollowingdonotformpartofadwelling—(a)acarport,otherthanacarporttowhichaccessisrestricted;(b)the
area of a verandah or deck to which access is notrestricted and no provision is made to
restrict access;(c)the area underneath the dwelling to
which access is notrestricted and no provision is made to
restrict access;(d)anyotherexternalpartofthedwelling,including,forexample, the dwelling’s gutters;(e)land around the dwelling.42Notification of entry(1)Thissectionappliesifanauthorisedpersonentersaplaceunder section 41
and an occupier is present at the place.(2)Theauthorisedpersonmustimmediatelyafterenteringtheplace—(a)producetheauthorisedperson’sidentitycardfortheoccupier’s
inspection; and(b)informtheoccupieraboutthepreventionandcontrolprogram.43Powers of authorised persons after
entry(1)Thissectionappliesifanauthorisedpersonentersaplaceunder section
41.(2)The authorised person may exercise the
following powers—Page 50Current as at
[Not applicable]
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 2
Environmental health[s 44](a)takereasonablestepstoeradicateorpreventtheoccurrenceorrecurrenceofthedesignatedpests,including by the use of pesticides;(b)take a thing, or a sample of or from a
thing, at the placefor analysis or testing;(c)take
into or onto the place any persons, equipment andmaterials the authorised person reasonably
requires forexercising a power under this
section;(d)requireapersonattheplacetogivetheauthorisedpersonreasonablehelptoexercisetheauthorisedperson’s powers
under paragraphs (a) to (c).(3)When
making a requirement mentioned in subsection (2)(d),the
authorised person must warn the person it is an offence tofail
to comply with the requirement, unless the person has areasonable excuse.(4)Also, the authorised person may, under part
3, give a person apublic health order if—(a)the
authorised person is appointed for part 3; and(b)the
public health order is for the prevention or control ofthe
designated pests to which the prevention and controlprogram relates.44Failure to help authorised personApersonrequiredtogivereasonablehelpundersection 43(2)(d)
must comply with the requirement, unless theperson has a
reasonable excuse.Maximum penalty—50 penalty units.45Person must not interfere with steps
takenApersonmustnotdoanythingthatinterfereswithasteptaken by an
authorised person under a prevention and controlprogram, unless the person has a reasonable
excuse.Maximum penalty—100 penalty units.Current as at [Not applicable]Page
51
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 2 Environmental health[s
46]46Notification of prevention and control
programAnauthorisedpersonmust,afterexercisingtheauthorisedperson’s powers
under a prevention and control program at aplace—(a)ifanoccupierispresentattheplace,informtheoccupier—(i)ofanystepstaken,ortobetaken,undertheprogram to eradicate or prevent the
occurrence orrecurrence of the designated pests;
and(ii)if steps have
been taken, or are to be taken—that itis an offence to
do anything that interferes with astep taken;
or(b)if an occupier is not present at the
place, leave a noticeattheplaceinareasonablysecurewayandinaconspicuous position stating—(i)the purpose of the prevention and
control program;and(ii)any steps taken,
or to be taken, under the programtoeradicateorpreventtheoccurrenceorrecurrence of designated pests; and(iii)if steps have
been taken, or are to be taken—that itis an offence to
do anything that interferes with astep taken;
and(iv)thenameandcontactdetailsoftheauthorisedperson.Page
52Current as at [Not applicable]
Notauthorised—indicativeonlyPart
5Public Health Act 2005Chapter 2
Environmental health[s 47]Environmental
health eventsDivision 1Definition47Meaning ofenvironmental
health event(1)Anenvironmental
health eventis an event involving humanexposure to a substance or other thing that
is known to have,orisreasonablysuspectedofhaving,anadverseeffectonhuman health.(2)Exposure may happen in connection
with—(a)a single identifiable event; orExample of a single identifiable
event—anoutbreakinahospitalofanewstrainofapreviouslycontrolled
bacterial infection(b)a situation that happens over a period
of time.Example of a situation that happens over a
period of time—theexposuretoindustrialfumes,overaperiodofyears,ofpersons in a populated areaDivision 2Establishment of
environmentalhealth event register48Environmental health event register(1)Thechiefexecutivemayestablishandkeeparegister(anenvironmentalhealtheventregister)foranenvironmentalhealth event if
the chief executive considers the event has ormayhavesignificantdirectorindirectadverseeffectsonhuman health.(2)The
chief executive may keep the register in a form the chiefexecutive considers appropriate, including
an electronic form.Current as at [Not applicable]Page
53
Public
Health Act 2005Chapter 2 Environmental health[s
49](3)Beforeestablishingtheregister,thechiefexecutivemustobtainandconsidertheviewsofahumanresearchethicscommittee about
the register.Notauthorised—indicativeonly49Purposes of
registerThe purposes for establishing an
environmental health eventregister for an environmental health
event are the following—(a)tohelpmonitorandanalyseanyadverseeffectsonhuman health resulting from the
event;(b)to provide information that may help
in the prevention,minimisationortreatmentofanyadverseeffectsonhuman health resulting from the event
or a similar futureevent.50What
register must containAn environmental health event register
must contain—(a)theinformationthatisnecessaryorconvenientforgiving effect to the purposes of the
register; and(b)any information prescribed under a
regulation.Division 3Notifications
about environmentalhealth event register51Notification of establishment of
register(1)As a soon as practicable after
establishing an environmentalhealtheventregisterthechiefexecutivemustnotifytheregister’s establishment in the
gazette.(2)The notification must include the
following—(a)a description of the environmental
health event;(b)a description of the substance or
other thing relevant totheeventknowntohave,orsuspectedofhaving,anadverse effect on human health;Page
54Current as at [Not applicable]
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 2
Environmental health[s 52](c)the
type of human exposure to the substance or thing asa
result of the event;(d)the geographic
area of human exposure to the substanceor thing as a
result of the event;(e)contactdetailswithinthedepartmentwherefurtherdetails about
the register may be obtained.52Notification inviting inclusion in
register(1)As soon as practicable after notifying
the establishment of anenvironmentalhealtheventregisterforanenvironmentalhealth event the
chief executive must—(a)notifyallpersonsthechiefexecutiveconsidersmayhave
been exposed to a substance or thing because of theevent; and(b)ifsatisfiedapersonmayhavebeenexposedtoasubstanceorthingasaresultoftheevent,offerthepersontheopportunityofhavingtheperson’sdetailsincluded on the register.(2)Notification under subsection (1)(a)
may be made in the waythechiefexecutiveconsidersappropriate,including,forexample,bypersonalnotificationorbywayofnewspaper,radio or
television.Division 4Confidentiality
and use ofinformation supplied forenvironmental
health event register53Definitions for
div 4In this division—confidential
informationmeans information that has becomeknown to a relevant person in the course of
performing therelevant person’s functions for this
part.informationincludes a
document.Current as at [Not applicable]Page
55
Public
Health Act 2005Chapter 2 Environmental health[s
54]relevant personmeans the
following—(a)a person who is, or was, the chief
executive;(b)a person who is, or was, involved in
the administrationorenforcementofthispart,including,forexample,ahealth service employee or a public service
employee.Notauthorised—indicativeonly54Restriction on
inconsistent use of informationA relevant
person must not use confidential information for apurposeinconsistentwiththepurposesoftherelevantenvironmental
health event register.Maximum penalty—50 penalty
units.55Confidentiality of information(1)Arelevantpersonmustnot,whetherdirectlyorindirectly,disclose
confidential information.Maximum penalty—50 penalty
units.(2)However, subsection (1) does not apply
if—(a)the confidential information is
disclosed—(i)in the performance of functions under
this Act; or(ii)with the written
consent of the person to whom theinformation
relates; or(iii)to the person to
whom the information relates; or(iv)in a
form that could not identify any person; or(b)thedisclosureoftheconfidentialinformationisauthorised under an Act or another
law.(3)TheHospital and
Health Boards Act 2011, section 142 doesnotapplytoarelevantpersoninrelationtoconfidentialinformation.Note—As a
specific offence is created under subsection (1), subsection
(3)provides that the more general provision in
theHospital and HealthPage 56Current as at [Not applicable]
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 2
Environmental health[s 56]Boards Act
2011, section 142 (Confidential information must
not bedisclosed) does not apply.56Release of information for an
investigation under theCoroners Act(1)This
section applies if a coroner is investigating the death of aperson.(2)The
chief executive may give to the coroner, or to a policeofficerhelpingthecoronertoinvestigatethedeath,information from
the environmental health event register thatis relevant to
the person’s death.(3)Thecoronerorpoliceofficertowhomtheinformationisgivenandanyoneelsetowhomtheinformationissubsequentlygivenunderthissubsectionmustnotuseordisclose the information other than—(a)for a purpose of the investigation;
or(b)as otherwise required or permitted
under this or anotherAct.57Use
of environmental health event register(1)The
Minister may, by gazette notice, declare that informationcontainedinanenvironmentalhealtheventregisterisprotected information.(2)TheMinistermaymakeadeclarationundersubsection (1)onlyiftheMinisterreasonablybelievesitisinthepublicinterest to do
so.(3)If the Minister makes a declaration
under subsection (1), theprotected information—(a)cannotbeaccessedunderanyorder,whetherofajudicial or
administrative nature, other than an order forthe purpose of
this Act; and(b)isnotadmissibleinanyproceeding,otherthanaproceeding under this Act.Current as at [Not applicable]Page
57
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 2 Environmental health[s
57A](4)Apersoncannotbecompelledtoproducetheprotectedinformation,ortogiveevidencerelatingtotheprotectedinformation, in
any proceeding, other than a proceeding underthis Act.(5)Subsections (3)(b)and(4)donotapplyiftheprotectedinformation is
admitted or produced, or evidence relating totheinformationisgiven,withtheconsentofthepersontowhom
the information relates.(6)Nothing in this
section limits—(a)thegiving,useordisclosureofinformationundersection 56; or(b)access to protected information by the chief
executive ora person authorised by the chief
executive.(7)In this section—orderincludes a direction or other
process.Part 5AProvisions about
drinkingwater and recycled waterDivision 1Improvement notices57AImprovement notice(1)This
section applies if an authorised person appointed by thechief executive reasonably believes—(a)a water service provider—(i)is contravening section 57E or 57F;
or(ii)hascontravenedsection
57Eor57Fincircumstances that make it likely the
contraventionwill continue or be repeated; and(b)a matter relating to the contravention
can be remedied;andPage 58Current as at
[Not applicable]
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 2
Environmental health[s 57A](c)itisappropriatetogivethewaterserviceprovideranopportunity to remedy the matter.(2)The authorised person may give the
water service provider anotice(animprovementnotice)requiringthewaterserviceprovidertoremedythecontraventionorhavethecontravention remedied.(3)The
improvement notice must state the following—(a)the
provision the authorised person believes is being, orhas
been, contravened (therelevant provision);(b)that the authorised person reasonably
believes the waterservice provider—(i)is
contravening the relevant provision; or(ii)hascontravenedtherelevantprovisionincircumstances that make it likely the
contraventionwill continue or be repeated;(c)briefly, how it is believed the
relevant provision is being,or has been,
contravened;(d)the period within which the water
service provider mustremedythecontraventionorhavethecontraventionremedied;(e)thatitisanoffencetofailtocomplywiththeimprovementnoticeunlessthewaterserviceproviderhas a reasonable
excuse.(4)The period stated under subsection
(3)(d) must be reasonablehaving regard to the risk to public
health or safety posed bythe contravention.(5)The
improvement notice may also state the reasonable stepsthat
the authorised person considers necessary to remedy thecontravention, or avoid further
contravention, of the relevantprovision.Example of
reasonable steps—a requirement to issue notices about the
need to boil water to removecontaminants
from the waterCurrent as at [Not applicable]Page
59
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 2 Environmental health[s
57B](6)The authorised person must keep a copy
of the improvementnotice.(7)Thewaterserviceprovidermustcomplywiththeimprovementnoticeunlesstheproviderhasareasonableexcuse.Maximumpenalty—themaximumpenaltyforcontraveningthe relevant
provision.(8)Thewaterserviceprovidercannotbeprosecutedfortheoffence for which the improvement
notice is given unless theproviderfailstocomplywiththeimprovementnoticeanddoes not have a reasonable excuse for
the noncompliance.(9)Awaterserviceprovidermaybeprosecutedforthecontraventionofarelevantprovisionwithoutanauthorisedpersonfirstgivinganimprovementnoticeforthecontravention.57BRecord of compliance with improvement
notice(1)Ifawaterserviceproviderwhoisgivenanimprovementnotice by an
authorised person under this division reasonablybelievestheproviderhascompliedwiththenotice,theprovider may inform the authorised person of
the belief.(2)If the authorised person is satisfied
the water service providerhascompliedwiththeimprovementnotice,theauthorisedperson
must—(a)recordthedateofthecomplianceontheauthorisedperson’s copy of
the notice; and(b)if asked, give a copy of the notice to
the water serviceprovider.Page 60Current as at [Not applicable]
Division 2Public Health Act
2005Chapter 2 Environmental health[s
57C]Offences about supply of drinkingwater or recycled waterNotauthorised—indicativeonlySubdivision 1Preliminary57CWhen
drinking water isunsafeDrinking water
isunsafeat a particular
time if it would belikelytocausephysicalharmtoapersonwhomightlaterconsumeit,assumingnothinghappenedtoitafterthatparticular time and before being consumed by
the person thatwould prevent its being used for its
intended use.57DWhen recycled water isfit
for useRecycled water isfit for
useat a particular time if it would notbe
likely to cause physical harm to a person who might laterbe
exposed to it, assuming—(a)nothinghappenedtoitafterthatparticulartimeandbefore the person was exposed to it
that would preventits being used for its intended use;
and(b)it was used according to its intended
use.Subdivision 2Offences57ESupply of unsafe drinking waterA
drinking water service provider must not supply drinkingwater that the provider knows, or reasonably
ought to know, isunsafe.Maximumpenalty—3,000penaltyunitsor2yearsimprisonment.Note—This
provision is an executive liability provision—see section
448.Current as at [Not applicable]Page
61
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 2 Environmental health[s
57F]57FSupply of recycled water that is not
fit for use(1)This section applies to a recycled
water provider that suppliesrecycled water
for use other than as drinking water.(2)Therecycledwaterprovidermustnotsupplytherecycledwater if the
provider knows, or reasonably ought to know, therecycled water is not fit for use.Maximumpenalty—1,350penaltyunitsor2yearsimprisonment.Note—This
provision is an executive liability provision—see section
448.Division 3Information
requests57GPower to require information(1)This section applies if—(a)anauthorisedpersonappointedbythechiefexecutivereasonably believes—(i)there is a risk to public health or safety
because oftheproductionorsupplyofdrinkingwaterorrecycled water; and(ii)a person may be
able to give information about thecircumstances
giving rise to the risk; and(b)the
authorised person has explained to the person thatinformation is needed to attempt to prevent
or minimisethe risk or potential risk to public
health.(2)Theauthorisedpersonmayaskthepersontogivetheauthorisedpersonthefollowinginformation(therequiredinformation) within a
stated reasonable period—(a)the person’s
name and address where the person can becontacted;(b)information about the circumstances giving
rise to therisk.Page 62Current as at [Not applicable]
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 2
Environmental health[s 57H](3)Theauthorisedpersonmayaskthepersontogivetheauthorised person evidence of the
correctness of the requiredinformation,withinastatedreasonableperiod,iftheauthorised
person reasonably suspects the information to befalse.(4)Ifthepersondoesnotcomplywitharequestundersubsection (2)or(3),theauthorisedpersonmaygivetheperson a notice that—(a)states the required information the person
is required togive; and(b)states the information is needed to attempt
to prevent orminimise a risk or potential risk to public
health; and(c)requiresthepersontogivetheauthorisedpersontherequired information within a stated
reasonable period;and(d)warns the person
it is an offence to not give the requiredinformation,
unless the person has a reasonable excuse.57HFailure to give information(1)Apersonwhoisgivenanoticeundersection 57G(4)mustcomplywiththenotice,unlessthepersonhasareasonableexcuse.Maximum penalty—50 penalty units.(2)If the person is an individual, it is
a reasonable excuse for theperson to fail
to comply with the notice that complying withthe notice might
tend to incriminate the person.Part 6Lead58Lead in buildings
must not be accessible to children(1)A
person must not use or permit the use of lead in, or for thepurposesof,constructing,erecting,altering,extending,Current as at
[Not applicable]Page 63
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 2 Environmental health[s
59]improving,renovatingorrepairingabuildingorpartofabuilding if the lead is, or may be,
easily accessible to children.Maximum
penalty—100 penalty units.(2)Theownerofabuilding,orpartofabuilding,mustnotknowingly allow lead to remain in or
on the building or part ofthebuildingiftheleadis,ormaybe,easilyaccessibletochildren.Maximum
penalty—100 penalty units.59Lead must not be
used in water collection(1)A person must
not use, or permit the use of, in a building anyof
the following things if the thing has in or on it a
substancethat contains lead—(a)a
roof, guttering, downpipe or other thing for carryingwater to a tank or other receptacle for
potable water;(b)a tank or other receptacle for potable
water.Maximum penalty—100 penalty units.(2)The owner of a building must not
knowingly allow any of thefollowing to remain in the building if
they have in or on thema substance that contains lead—(a)a roof, guttering, downpipe or other
thing for carryingwater to a tank or other receptacle for
potable water;(b)a tank or other receptacle for potable
water.Maximum penalty—100 penalty units.(3)In this section—potable
watermeans water that is intended to be, or is
likelyto be, used for human consumption.Page
64Current as at [Not applicable]
Part
7PaintPublic Health Act
2005Chapter 2 Environmental health[s
60]Notauthorised—indicativeonly60Person must comply with
standardApersonmanufacturing,selling,supplyingorusingpaintmustcomplywithaprovisionofastandardprescribedbyregulation.Maximum
penalty—100 penalty units.Part 8Regulations
about publichealth risks61Regulations about public health risks(1)A regulation may be made for this
chapter about public healthrisks
including—(a)standardsforwaterqualityinresidentialandnon-residentialswimmingpools,spas,hydrotherapypools,waterslidesandrecreationalwaterparks,forhuman use; and(b)measures to control designated pests,
including—(i)standards for the proofing of any
building againstdesignated pests; and(ii)procedures to be followed to prevent the
breedingof, to eliminate any refuge or food source
for, or toeradicate, designated pests; and(iii)theimpositionofapermitsystemforkeepingdesignated
pests; and(c)measures to prevent and control public
health risks.(2)A regulation made under this section
must state whether theregulation is to be administered and
enforced by—(a)the State only; or(b)local governments only.Current as at
[Not applicable]Page 65
Public
Health Act 2005Chapter 2A Water risk management plans[s
61A](3)A regulation made under this section
does not bind the Stateexcept to the extent prescribed by the
regulation.Notauthorised—indicativeonlyChapter 2AWater risk
managementplansPart 1Preliminary61ADefinitions for chapterIn this
chapter—approved providermeans an entity
for which an approval is inforce under
theAged Care Act 1997(Cwlth).coolingtowerseetheWorkHealthandSafetyAct2011,schedule 1, part 1, section 1(6).hazardmeans—(a)Legionella; or(b)microorganisms,substancesorphysicalpropertiesofwaterthatarereasonablyexpectedtocauseinjuryorillness to an individual; or(c)microorganisms or substances
prescribed by regulation.hazardous event, for a
prescribed facility, means—(a)anevent,orseriesofevents,thatcausesorhasthepotentialtocausethepresenceofahazardinwaterwithin a
prescribed facility’s water distribution system;or(b)an interruption
of the supply of water to the prescribedfacility.hazard sourcemeans a location
or condition that establishesor increases the
presence of a hazard.Page 66Current as at
[Not applicable]
Public Health Act 2005Chapter 2A Water
risk management plans[s 61A]Notauthorised—indicativeonlyLegionellameans bacteria
belonging to the genusLegionella.prescribed facilitymeans—(a)a public sector hospital that provides
treatment or care toinpatients; or(b)aprivatehealthfacilitylicensedunderthePrivateHealth
Facilities Act 1999; or(c)a
State aged care facility; or(d)a
residential aged care facility, other than a State agedcare
facility, prescribed by regulation.prescribedtestmeansatestforLegionellaprescribedbyregulation for this chapter.residentialagedcarefacilitymeansafacilityatwhichanapprovedproviderprovidesresidentialcareundertheAgedCare Act
1997(Cwlth).residential
carehas the meaning given by theAged
Care Act1997(Cwlth), section
41–3.responsible person, for a
prescribed facility, means—(a)for
a prescribed facility that is a public sector hospital—the
health service chief executive for the public sectorhospital; or(b)for
a prescribed facility that is a private health facilitylicensed under thePrivate Health
Facilities Act 1999—the licensee for the private health
facility under that Act;or(c)foraprescribedfacilitythatisaStateagedcarefacility—the
health service chief executive for the Stateaged care
facility; or(d)foraprescribedfacilitythatisaresidentialagedcarefacility,otherthanaStateagedcarefacility—theapproved
provider that provides residential care at theresidential aged
care facility.State aged care facilitymeans a
residential aged care facilityat which the
State provides residential care.Current as at
[Not applicable]Page 67
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 2A Water risk management plans[s
61B]water distribution system, of
a prescribed facility—(a)meanstheinfrastructurewithintheprescribedfacilityfrom
every point where water enters the facility throughthe
infrastructure to every point where the water is used;but(b)does not include
a cooling tower.water risk management plan,
for a prescribed facility, meansawrittenplantopreventorminimisetherisksposedbyhazards, hazard sources or hazardous
events to individuals atthe prescribed facility.61BOperation of chs 2 and 2ANothing in this chapter is intended to
affect the operation ofchapter 2.Part 2Requirement and content ofplans61CRequirement for water risk management
plansThe responsible person for a prescribed
facility must ensurethereisawaterriskmanagementplanfortheprescribedfacility that
complies with section 61D, unless the person hasa
reasonable excuse.Maximum penalty—500 penalty units.61DContent of water risk management
plansThewaterriskmanagementplanforaprescribedfacilitymust—(a)describetheprescribedfacility’swaterdistributionsystem;
andPage 68Current as at
[Not applicable]
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 2A Water
risk management plans[s 61E](b)identifyhazards,hazardsourcesandhazardouseventsrelevant to water within the prescribed
facility’s waterdistribution system; and(c)assess the risks associated with hazards,
hazard sourcesandhazardouseventsidentifiedunderparagraph(b);and(d)state the
following—(i)measures to be taken to control the
risks assessedunder paragraph (c);(ii)theproceduresthatmustbeimplementedformonitoring the effectiveness of the
measures;(iii)a schedule that
must be complied with for testingwater for
Legionella and other identified hazards atafrequencyinformedbytherisks,measuresandprocedures;(iv)thewayrecordsofresultsobtainedundersubparagraphs
(ii) and (iii) will be kept; and(e)state procedures for responding to—(i)the results of monitoring that
indicate the failure ofmeasurestakentocontrolrisksassessedunderparagraph (c); or(ii)the
results of testing that indicate the presence of ahazardinwaterwithintheprescribedfacility’swater
distribution system; and(f)includearequirementforthewaterriskmanagementplan to be
reviewed and when that review is to be carriedout; and(g)include any other requirement
prescribed by regulation.61EAmending water
risk management plans(1)This section
applies if the chief executive is satisfied a waterriskmanagementplanforaprescribedfacilityrequiresamendment to
comply with section 61D.Current as at [Not applicable]Page
69
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 2A Water risk management plans[s
61F](2)The chief executive may give the
responsible person for theprescribed facility a notice requiring
the responsible person toamend the water risk management
plan.(3)The notice must state the
following—(a)that the responsible person must amend
the water riskmanagement plan;(b)thewaythewaterriskmanagementplanmustbeamended;(c)the
day by which the water risk management plan mustbe
amended;(d)the day by which the responsible
person must give thechiefexecutiveacopyoftheamendedwaterriskmanagement
plan.(4)The responsible person must comply
with the notice, unlessthe responsible person has a
reasonable excuse.Maximum penalty—500 penalty units.Part
3Compliance61FObligation to give chief executive copy of
water riskmanagement plans(1)The
chief executive may, by notice, ask the responsible personfor
a prescribed facility to give the chief executive a copy ofthe
water risk management plan for the prescribed facility bythe
day stated in the notice.(2)The responsible
person must comply with the notice, unlessthe person has a
reasonable excuse.Maximum penalty—200 penalty units.61GComplying with water risk management
plans(1)The responsible person for a
prescribed facility must ensurethe facility
operates in a way that complies with the facility’sPage
70Current as at [Not applicable]
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 2A Water
risk management plans[s 61H]waterriskmanagementplan,unlesstheresponsiblepersonhas
a reasonable excuse.Maximum penalty—500 penalty
units.(2)The responsible person for a
prescribed facility must take allreasonable steps
to ensure each person who has an obligationtocomplywiththeplan,whilethefacilityisoperating,complies with
the plan, unlesstheresponsiblepersonhasareasonable
excuse.Maximum penalty—200 penalty units.61HObligation to notify chief executive
of Legionella(1)This section applies if the result of
a prescribed test confirmsthepresenceofLegionellainwaterusedbyaprescribedfacility.(2)Apersoninchargeoftheprescribedfacilitymust,undersubsection(3),givethechiefexecutiveanoticeabouttheresult of the test, unless the person
has a reasonable excuse.Maximum penalty—(a)if
the offence is committed intentionally—1,000 penaltyunits; or(b)otherwise—200 penalty units.(3)The notice must—(a)be
in the approved form; and(b)begiventothechiefexecutivewithin1businessdayafter the person in charge is notified of
the result of thetest; and(c)complywithanyotherrequirementsprescribedbyregulation.61IObligation to give chief executive
reports(1)Apersoninchargeofaprescribedfacilitymust,undersubsection(2),givethechiefexecutiveareportforeachCurrent as at
[Not applicable]Page 71
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 2A Water risk management plans[s
61J]reporting period about the results of
prescribed tests carriedout under the water risk management
plan for the prescribedfacility, unless the person has a
reasonable excuse.Maximum penalty—200 penalty units.(2)The report must—(a)be
in the approved form; and(b)be given to the
chief executive within 30 business daysafter the end of
the reporting period; and(c)complywithanyotherrequirementsprescribedbyregulation.(3)In
this section—reporting periodmeans a period
prescribed by regulation.61JFalse or
misleading reports(1)Apersonmustnotgivethechiefexecutiveareportundersection 61I containing information the
person knows is falseor misleading in a material
particular.Maximum penalty—1,000 penalty units.(2)Subsection (1) does not apply to a
person if the person, whengiving the report—(a)tellsthechiefexecutive,tothebestoftheperson’sability, how it
is false or misleading; and(b)if
the person has, or can reasonably obtain, the correctinformation—gives the correct
information.61KChief executive may publish
reports(1)The chief executive may publish in a
report—(a)noticesaboutthepresenceofLegionellagiventothechief executive
under section 61H; or(b)reportsaboutprescribedtestsgiventothechiefexecutive under
section 61I.Page 72Current as at
[Not applicable]
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 3
Notifiable conditions[s 62](2)The
report may also include any other information the chiefexecutive considers relevant to the notices
or reports.(3)However, information may not be
included in the report undersubsection(2)iftheinformationisadversetoapersonunless—(a)before the report is prepared, the
chief executive givesthepersonanopportunitytomakesubmissionsaboutthe
information; and(b)any submissions made by the person are
fairly stated inthe report.Chapter 3Notifiable conditionsPart 1Definitions, purpose of chapterand
guiding principles62Definitions for ch 3In
this chapter—anonymity codemeans a code of
letters, numbers, or lettersand numbers used
to designate a particular person.clinicaldiagnosisnotifiableconditionmeansanotifiablecondition—(a)a
diagnosis of which can be made on the basis of clinicalevidence,includingclinicalhistory,signsandsymptoms; and(b)prescribedunderaregulationasaclinicaldiagnosisnotifiable condition.controlled
notifiable conditions ordersee section
116(1).Notifiable Conditions Registersee
section 67.Current as at [Not applicable]Page
73
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 3 Notifiable conditions[s
63]pathologicaldiagnosisnotifiableconditionmeansanotifiable condition—(a)adiagnosisofwhichcanbemadeonthebasisofapathologicalexaminationofaspecimenofhumanorigin;
and(b)prescribed under a regulation as a
pathological diagnosisnotifiable condition.pathologyrequestnotifiableconditionmeansanotifiablecondition
prescribed under a regulation as a pathology requestnotifiable condition.provisional
diagnosis notifiable conditionmeans a
notifiablecondition—(a)aprovisionaldiagnosisofwhichcanbemadeonthebasisofclinicalevidence,includingclinicalhistory,signs and
symptoms; and(b)prescribed under a regulation as a
provisional diagnosisnotifiable condition.registermeans the
Notifiable Conditions Register.63Meaning ofcontrolled
notifiable condition(1)Acontrollednotifiableconditionisanotifiableconditionprescribedunderaregulationasacontrollednotifiablecondition.(2)However, the Minister must not recommend to
the GovernorinCouncilthemakingofaregulationundersubsection (1)unless the
Minister is satisfied—(a)the condition
may have a substantial impact on publichealth;
and(b)the ordinary conduct of a person with
the condition islikelytoresultinthetransmissionoftheconditiontosomeone else; and(c)thetransmissionoftheconditionwillresultin,orislikelytoresultin,longtermorseriousdeleteriousPage 74Current as at [Not applicable]
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 3
Notifiable conditions[s 64]consequences for
the health of the person to whom thecondition is
transmitted.64Meaning ofnotifiable
condition(1)Anotifiableconditionisamedicalconditionprescribedunder a
regulation as a notifiable condition.(2)However, the Minister must not recommend to
the GovernorinCouncilthemakingofaregulationundersubsection (1)unless the
Minister is satisfied the condition is a significantrisk
to public health.65Purpose of ch 3Thepurposeofthischapteristoprotectpersonsfromnotifiableconditionsthroughmechanismsthatprovideanappropriate balance between the health of
the public and theright of individuals to liberty and
privacy.66Guiding principles for ch 3(1)Theprinciplesintendedtoguidetheachievementofthischapter’s
purpose are the following—(a)the spread of
notifiable conditions should be preventedorminimisedwithoutunnecessarilyinfringingtheliberty or privacy of individuals;(b)apersonatriskofcontractinganotifiableconditionshouldtakeallreasonableprecautionstoavoidcontracting or
being infected with the condition;(c)a
person who suspects he or she may have a notifiablecondition should ascertain—(i)whether he or she has the condition;
and(ii)what precautions
should be taken to prevent othersfrom contracting
the condition.Current as at [Not applicable]Page
75
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 3 Notifiable conditions[s
67](2)Forsubsection
(1),apersonatriskofcontracting,whosuspectsheorshemayhave,orwhohas,anotifiablecondition has a
right—(a)to be protected from unlawful
discrimination; and(b)to have his or her privacy respected;
and(c)tomakeinformeddecisionsabouthisorhermedicaltreatment.(3)NothinginthissectionlimitstheAnti-DiscriminationAct1991, section
107.Part 2Notifiable
Conditions RegisterDivision 1Establishment
and purpose ofNotifiable Conditions Register67Register(1)The
chief executive must establish and keep a register of thepersons for whom notifications have been
given to the chiefexecutive under this part.(2)Theregistermustincludedetailsofdeceasedpersonsforwhom notifications have been
given.(3)The chief executive must keep the
register in a form the chiefexecutive
considers appropriate, including an electronic form.(4)TheregisteristobeknownastheNotifiableConditionsRegister.68Purposes of registerThe
purposes for establishing the register are as follows—(a)to supply data to help in—(i)monitoringandanalysingtheincidenceandpatterns of notifiable conditions; orPage
76Current as at [Not applicable]
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 3
Notifiable conditions[s 69](ii)studyingtheefficacyofthemanagementandtreatment of notifiable conditions;
or(iii)increasingpublicawarenessofnotifiableconditions;(b)toidentifyoutbreaksofnotifiableconditionssotheCommonwealth,theStateoralocalgovernmentcantake
steps to protect public health;(c)to
help in the identification of persons who have, or mayhave, contracted a notifiable condition so
that—(i)theCommonwealth,theStateoralocalgovernment can
take action to prevent or minimisetransmission of
the notifiable condition; or(ii)thepersonsmaybemedicallyexaminedandundergo treatment for the notifiable
condition;(d)tohelpintheplanningofservicesandstrategiestopreventorminimisethetransmissionofnotifiableconditions.Division 2Notices about notifiable conditions69Application of div 2Therequirementtonotifyorgiveinformationunderthisdivisionrelatingtoapersonappliesalsoinrelationtoadeceased person.70When
a doctor must notify(1)A doctor must,
under subsection (2), notify the chief executiveif
an examination of a person by the doctor indicates that theperson—(a)has
or had a clinical diagnosis notifiable condition; or(b)has or had a provisional diagnosis
notifiable condition.Maximum penalty—20 penalty
units.Current as at [Not applicable]Page
77
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 3 Notifiable conditions[s
71](2)The notice must—(a)complywiththerequirementsprescribedunderaregulation; and(b)be
in the approved form.(3)Subsection (1)
does not apply if the examination was carriedout in a
hospital.71When the person in charge of hospital
must notify(1)A person in charge of a hospital must,
under subsection (2),unless the person in charge has a
reasonable excuse, notify thechief executive
if an examination of a person by a doctor inthe hospital
indicates the person—(a)has or had a
clinical diagnosis notifiable condition; or(b)has
or had a provisional diagnosis notifiable condition.Maximum penalty—20 penalty units.(2)A notice under subsection (1)
must—(a)complywiththerequirementsprescribedunderaregulation; and(b)be
in the approved form.72When the director
of a pathology laboratory must notify apathological
diagnosis notifiable condition(1)Thedirectorofapathologylaboratorymust,undersubsection
(2),unlessthedirectorhasareasonableexcuse,notify the chief executive if a pathological
examination of aspecimen of human origin in the laboratory
indicates that thepersonfromwhomthespecimenwastakenhasorhadapathological diagnosis notifiable
condition.Maximum penalty—20 penalty units.(2)The notice must—(a)complywiththerequirementsprescribedunderaregulation; andPage 78Current as at [Not applicable]
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 3
Notifiable conditions[s 73](b)include the name of the doctor who referred
the person’sspecimen for pathological examination;
and(c)be in the approved form.73When the director of a pathology
laboratory must notifypathology request notifiable
condition(1)Thedirectorofapathologylaboratorymust,undersubsection
(2),unlessthedirectorhasareasonableexcuse,notify the chief executive if the laboratory
receives a requestfor a pathological examination of a specimen
of human originfor a pathology request notifiable
condition.Maximum penalty—20 penalty units.(2)The notice must—(a)complywiththerequirementsprescribedunderaregulation; and(b)include the name of the doctor who referred
the person’sspecimen for pathological examination;
and(c)be in the approved form.74Anonymity codingApersonrequiredtonotifythechiefexecutiveunderthisdivision may give the notice using an
anonymity code.75Further information may be
required(1)Thissectionappliesifthechiefexecutiveconsidersfurtherinformation is required in relation to a
notice given under thisdivision—(a)to
ensure the accuracy, completeness or integrity of theregister; or(b)topreventorminimisethespreadofanotifiablecondition.Current as at
[Not applicable]Page 79
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 3 Notifiable conditions[s
75](2)Thechiefexecutivemayaskthefollowingpersonstogivestatedinformationwithinastatedtimetothechiefexecutive—(a)the
person who gave the notice;(b)the
doctor mentioned in a notice under section 72 or 73as
the doctor who referred the specimen for pathologicalexamination;(c)anotherdoctororpersonwhoisinvolvedinthetreatmentofthepersonforwhomanoticewasgivenunder this
division.(3)If a person refuses or fails to comply
with a requirement undersubsection (2),thechiefexecutivemaygivethepersonanotice requiring the person to give the
information stated inthe notice to the chief executive
within the reasonable timestated in the notice.(4)A notice under subsection (3) may
require a person to give thefullnameof,andotheridentifyinginformationabout,aperson for whom an anonymity code has
been used.(5)The notice must warn the person that
failure to comply withthe notice is an offence under this
Act.(6)Apersongivenanoticeundersubsection (3)mustcomplywith the notice,
unless the person has a reasonable excuse.Maximum
penalty—20 penalty units.(7)A person who
gives information requested under this sectionwho would
otherwise be required to maintain confidentialityabout the information given under an Act,
oath, rule of law orpractice—(a)does
not contravene the Act, oath, rule of law or practiceby
giving the information; and(b)isnotliabletodisciplinaryactionforgivingtheinformation.Note—See
for example theHospital and Health Boards Act 2011,
section 142.Page 80Current as at
[Not applicable]
Public Health Act 2005Chapter 3
Notifiable conditions[s 76](8)Also,merelybecausethepersongivestheinformation,theperson can not be held to have—(a)breached any code of professional
etiquette or ethics; or(b)departedfromacceptedstandardsofprofessionalconduct.Notauthorised—indicativeonlyDivision 3Confidentiality
of information anduse of information supplied forNotifiable Conditions Register76Definitions for div 3In
this division—confidential informationmeans
information that has becomeknown to a
relevant person in the course of performing therelevantperson’sfunctionsunderthispartortherepealedprovisions.informationincludes a
document.relevant personmeans the
following—(a)a person who is, or was, the chief
executive;(b)a person who is, or was, involved in
the administrationorenforcementofthispart,including,forexample,ahealth service employee or a public service
employee;(c)apersonwhowasinvolvedintheadministrationorenforcement of the repealed
provisions.repealedprovisionsmeanstheHealthAct1937,part3,division 2.77Confidentiality of information(1)Arelevantpersonmustnot,whetherdirectlyorindirectly,disclose
confidential information.Maximum penalty—50 penalty
units.Current as at [Not applicable]Page
81
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 3 Notifiable conditions[s
78](2)TheHospital and
Health Boards Act 2011, section 142, doesnotapplytoarelevantpersoninrelationtoconfidentialinformation.78Disclosure under an Act or another
lawSection 77(1)doesnotapplyifthedisclosureoftheconfidentialinformationbyarelevantpersonisauthorisedunder an Act or
another law.79Disclosure under Act or with written
consent etc.Section 77(1) does not apply if the
confidential information isdisclosed by a
relevant person—(a)in the performance of functions under
this Act; or(b)withthewrittenconsentofthepersontowhomtheinformation relates; or(c)to
the person to whom the information relates; or(d)in a
form that could not identify any person.80Disclosure about notifiable conditions and
contacttracingSection
77(1)doesnotapplyifthedisclosureoftheconfidential information by a relevant
person is authorised bythe chief executive for the purposes
of—(a)monitoringtheincidenceandpatternsofnotifiableconditions;
or(b)identifyingthesourceofoutbreaksofnotifiableconditions;
or(c)identifyingpersonswhomaytransmitanotifiableconditiontoothers,topreventorminimisethetransmission of the condition; orPage
82Current as at [Not applicable]
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 3
Notifiable conditions[s 81](d)identifying persons who may have contracted,
or may beat risk of contracting, a notifiable
condition, to preventor minimise the transmission of the
condition; or(e)contact tracing by a contact tracing
officer.81Disclosure of confidential information
in the publicinterest(1)Section 77(1) does not apply to the
disclosure of confidentialinformation by a relevant person
if—(a)the chief executive believes, on
reasonable grounds, thedisclosure is in the public interest;
and(b)thechiefexecutivehas,inwriting,authorisedthedisclosure.(2)The
department’s annual report for a financial year under theFinancial Accountability Act 2009must
include details of—(a)thenatureofanyconfidentialinformationdisclosedunder subsection (1) during the financial
year; and(b)the purpose for which the confidential
information wasdisclosed.(3)However, the details mentioned in subsection
(2)(a) must notidentify,directlyorindirectly,thepersontowhomtheconfidential information relates.(4)Despitesection
455,thechiefexecutivemaydelegatethechief executive’s powers under this section
only to—(a)the chief health officer; or(b)another person who—(i)is a public service officer or
employee, or a healthservice employee; and(ii)the chief
executive is satisfied has the expertise orexperienceinpublichealthissuesnecessarytoexercise the powers.Current as at [Not applicable]Page
83
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 3 Notifiable conditions[s
82]82Disclosure for data collection and
public healthmonitoringSection 77(1)
does not apply to the disclosure of confidentialinformation by a relevant person if—(a)the disclosure is to an employee of
the department or apersonapprovedbythechiefexecutivewhoiscontractedbythedepartmenttoanalyse,monitororevaluate public health; and(b)thedisclosureandreceiptoftheconfidentialinformationisforanalysing,monitoringorevaluatingpublic health;
and(c)theemployeeofthedepartmentorotherpersonisauthorised in writing by the chief
executive to receivethe confidential information.83Disclosure for purposes relating to
health servicesSection 77(1) does not apply to the
disclosure of confidentialinformation by a relevant person
if—(a)the disclosure is to an employee of
the department or apersonapprovedbythechiefexecutivewhoiscontractedbythedepartmenttoevaluate,manage,monitor or plan health services; or(b)thedisclosureistoanentityprescribedunderaregulation for this paragraph for
evaluating, managing,monitoring or planning health services
as stated in theregulation.84Disclosure to Commonwealth, another State
orCommonwealth or State entity(1)Section 77(1) does not apply to the
disclosure of confidentialinformation by the chief executive
if—(a)the disclosure is to the Commonwealth
or another State,or an entity of the Commonwealth or another
State andthe disclosure—Page 84Current as at [Not applicable]
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 3
Notifiable conditions[s 85](i)is
required or allowed under an agreement—(A)betweenQueenslandandCommonwealth, State or entity; andthe(B)prescribedunderaregulationforthisparagraph;
and(ii)isconsideredbythechiefexecutivetobeinthepublic interest; or(b)thedisclosureistoanentityoftheStateandthedisclosure—(i)is
required or allowed under an agreement—(A)betweenthechiefexecutiveandtheentity;and(B)prescribedunderaregulationforthisparagraph;
and(ii)isconsideredbythechiefexecutivetobeinthepublic interest.(2)TheCommonwealth,aStateorentitythatreceivesconfidentialinformationunderanagreementundersubsection (1)—(a)must
not give it to anyone else unless allowed to do soby
the agreement or in writing by the chief executive;and(b)must ensure the
confidential information is used only forthe purpose for
which it was given under the agreement.85Disclosure to allow chief executive to
actSection 77(1)doesnotapplyifthedisclosureoftheconfidential information by a relevant
person is to the chiefexecutivetoallowthechiefexecutivetoactunderthisdivision.Current as at [Not applicable]Page
85
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 3 Notifiable conditions[s
86]86Release of information for an
investigation under theCoroners Act(1)This
section applies if a coroner is investigating the death of aperson.(2)The
chief executive may give to the coroner, or to a policeofficerhelpingthecoronertoinvestigatethedeath,information from
the register that is relevant to the person’sdeath.(3)Thecoronerorpoliceofficertowhomtheinformationisgivenandanyoneelsetowhomtheinformationissubsequentlygivenunderthissubsectionmustnotuseordisclose the information other than—(a)for a purpose of the investigation;
or(b)as otherwise required or permitted
under this or anotherAct.87Use
of Notifiable Conditions Register(1)Information in the register—(a)cannotbeaccessedunderanyorder,whetherofajudicial or
administrative nature, other than an order forthe purpose of
this Act; and(b)isnotadmissibleinanyproceeding,otherthanaproceeding under this Act.(2)A person can not be compelled to
produce the information, ortogiveevidencerelatingtotheinformation,inanyproceeding, other than a proceeding
under this Act.(3)Subsections (1)(b) and (2) do not
apply if the information isadmitted or
produced, or evidence relating to the informationisgiven,withtheconsentofthepersontowhomtheinformation relates.(4)Nothing in this section limits—(a)thegiving,useordisclosureofinformationundersection 86; orPage 86Current as at [Not applicable]
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 3
Notifiable conditions[s 88](b)the
release of information by the chief executive undersection 88 or the use of that information in
a proceedingfor a serious offence under that section;
or(c)access to information by the chief
executive or a personauthorised to have access by the chief
executive.(5)In this section—orderincludes a direction or other
process.88Access to information in register for
serious offence(1)This section applies if information in
the register is requiredby an entity of the State to
investigate a serious offence.(2)The
chief executive may release the information to the entityunder an agreement under section 84(1)(b)
between the chiefexecutive and the entity.(3)In this section—serious
offencemeans an offence under—(a)theProstitution Act 1999,
section 90; or(b)the Criminal Code, section 317.Part
3Contact tracingDivision 1Contact tracing officers89Functions of contact tracing officerA
contact tracing officer has the following functions—(a)identifyingpersonswhomayhavecontractedanotifiable condition;(b)identifyingpersonswhomaytransmitanotifiablecondition to
others;Current as at [Not applicable]Page
87
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 3 Notifiable conditions[s
90](c)informing persons who may have
contracted a notifiableconditionsothattheymayseekmedicalexaminationand
treatment;(d)providinginformationtopersonswhomayhavecontracted a
notifiable condition to prevent or minimisetransmission of
the notifiable condition;(e)obtaining
information about the following to prevent orminimise
transmission of a notifiable condition—(i)how
a person has, or may have, been exposed tothe notifiable
condition;(ii)howapersonhas,ormayhave,exposedotherpersons to the notifiable condition.90Appointment of contact tracing officer
by chief executive(1)The chief executive may appoint any of
the following personsas a contact tracing officer for a
notifiable condition—(a)a public service
officer or employee;(b)a health service
employee;(c)a person prescribed under a
regulation.(2)Also,thechiefexecutivemayappoint,asacontacttracingofficer for a notifiable condition, a person
employed by a localgovernment.(3)Anappointmentundersubsection (2)isforthelocalgovernment’s area and any other local
government area statedin the appointment.(4)Foranappointmentundersubsection (2),thechiefexecutive—(a)must, before appointing a person, obtain
agreement tothe appointment from the chief executive
officer of thelocal government that employs the person;
and(b)must state, in the instrument by which
the appointmentismade,everynotifiableconditiontowhichtheappointment applies.Page 88Current as at [Not applicable]
Public Health Act 2005Chapter 3
Notifiable conditions[s 91](5)Forexercisinghisorherpowersunderthispart,acontacttracing officer
appointed under subsection (1) or (2) is subjectto
the directions of the chief executive.Notauthorised—indicativeonly91Qualifications for appointmentThe
chief executive may appoint a person as a contact tracingofficer only if—(a)the
chief executive is satisfied the person is qualified forappointmentbecausethepersonhasthenecessaryexpertise or
experience; and(b)thepersonhasthecompetencies,ifany,prescribedunder a
regulation for this paragraph.92Appointment conditions and limit on
powers(1)A contact tracing officer holds office
on the conditions statedin—(a)the
instrument under which the contact tracing officer isappointed; or(b)a
signed notice given to the contact tracing officer; or(c)a regulation.(2)The
instrument of appointment or a signed notice given to acontact tracing officer or a regulation may
limit the contacttracing officer’s powers under this
part.(3)In this section—signed
noticemeans a notice signed by the chief
executive.93Issue of identity card(1)The chief executive must issue an
identity card to each contacttracing
officer.(2)The identity card must—(a)contain a recent photo of the contact
tracing officer; andCurrent as at [Not applicable]Page
89
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 3 Notifiable conditions[s
94](b)contain a copy of the contact tracing
officer’s signature;and(c)identify the person as a contact tracing
officer under thisAct; and(d)state an expiry date for the card.(3)Thissectiondoesnotpreventtheissueofasingleidentitycard
to a person for this Act and for other purposes.94Production or display of identity
card(1)In exercising a power under this part
in relation to a person, acontact tracing officer must—(a)produce the contact tracing officer’s
identity card for theperson’s inspection before exercising
the power; or(b)have the identity card displayed so it
is clearly visible tothe person when exercising the
power.(2)However, if it is not practicable to
comply with subsection (1),the contact
tracing officer must produce the identity card forthe
person’s inspection at the first reasonable opportunity.95When contact tracing officer ceases to
hold office(1)A contact tracing officer ceases to
hold office if any of thefollowing happens—(a)the
term of office stated in a condition of office ends;(b)underanotherconditionofoffice,thecontacttracingofficer ceases to hold office;(c)the contact tracing officer’s
resignation under section 96takes
effect.(2)Subsection (1)doesnotlimitthewaysacontacttracingofficer may cease to hold office.(3)In this section—condition of
officemeans a condition on which the
contacttracing officer holds office.Page
90Current as at [Not applicable]
Public Health Act 2005Chapter 3
Notifiable conditions[s 96]96ResignationA contact
tracing officer may resign by signed notice given tothe
chief executive.Notauthorised—indicativeonly97Return of identity cardApersonwhoceasestobeacontacttracingofficermust,unless the
person has a reasonable excuse, return the contacttracing officer’s identity card to the chief
executive within 21days after ceasing to be a contact tracing
officer.Maximum penalty—20 penalty units.Division 2Obtaining
contact information98Definitions for div 2In
this division—business contact informationsee
section 101(2).businesscontactinformationrequirementseesection 101(5).contact
informationsee sections 99(2) and 103(2).contact information requirementsee
section 99(5).99Power to require contact
information(1)This section applies if a contact
tracing officer—(a)reasonably suspects that a
person—(i)has a notifiable condition; or(ii)has been in
contact with a person who has, or mayhave, a
notifiable condition; and(b)has explained to
the person that information is needed toattempttopreventorminimisethespreadofthenotifiable condition.Current as at [Not applicable]Page
91
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 3 Notifiable conditions[s
99](2)Thecontacttracingofficermayaskthepersontogivethecontact tracing officer all or any of the
following information(thecontact
information) within a stated time—(a)theperson’snameandresidentialaddressoranotheraddress where
the person may be contacted;(b)the
name, address, whereabouts and telephone numberof any other
person—(i)who may have transmitted the
notifiable conditionto the person; or(ii)towhomthepersonmayhavetransmittedthenotifiable condition;(c)informationaboutthecircumstancesinwhichthepersonmayhavebeenexposedtothenotifiableconditionormayhaveexposedanotherpersontothenotifiable condition.(3)Thecontacttracingofficermayaskthepersontogivethecontacttracingofficerevidenceofthecorrectnessofthecontactinformation,withinastatedreasonabletime,ifthecontact tracing
officer reasonably suspects the stated contactinformation to
be false.(4)Ifthepersonfailstocomplywitharequestundersubsection (2) or (3), the contact tracing
officer may give theperson a notice that—(a)states the contact information the
person is required toprovide; and(b)states the information is needed to attempt
to prevent orminimise the spread of the notifiable
condition; and(c)requires the person to give the
contact tracing officer thecontact
information within a stated reasonable time; and(d)warnsthepersonitisanoffencetofailtogivethecontact information, unless the person has a
reasonableexcuse; and(e)tells the person the effect of section
100(2).Page 92Current as at
[Not applicable]
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 3
Notifiable conditions[s 100](5)A
requirement under subsection (4) is acontact
informationrequirement.(6)A person asked or required by a
contact tracing officer to givecontact
information or evidence of the correctness of contactinformationmustnotstateanythingtotheofficerthattheperson knows is false or misleading in a
material particular.Maximum penalty for subsection (6)—50
penalty units.100Failure to give contact
information(1)A person of whom a contact information
requirement is mademustcomplywiththerequirement,unlessthepersonhasareasonable excuse.Maximum
penalty—50 penalty units.(2)It is not a
reasonable excuse to fail to comply with the contactinformation requirement that complying with
the requirementmight tend to incriminate the person.(3)However, the following is not
admissible in evidence againstan individual in
any civil or criminal proceeding—(a)anyinformationgivenbytheindividualincomplyingwiththecontactinformationrequirementorarequirementundersection 99(2)or(3)(primaryevidence);(b)any information, or document or other
thing, obtained asa direct or indirect result of primary
evidence (derivedevidence).(4)Subsection (3)
does not prevent primary evidence or derivedevidence being
admitted in evidence in—(a)criminalproceedingsaboutthefalsityormisleadingnature of the
primary evidence; or(b)proceedingsforobtainingacontrollednotifiableconditions order
under part 5.Current as at [Not applicable]Page
93
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 3 Notifiable conditions[s
101](5)Also, subsection (3) does not prevent
derived evidence beingadmittedinevidenceincriminalproceedingsaboutacontrolled notifiable
condition.101Power to require business contact
information(1)This section applies if a contact
tracing officer—(a)reasonably suspects that a person may
have contracted anotifiable condition while receiving or
providing goodsor services from or to a business;
and(b)has explained to an owner of the
business, or the personapparently in charge of the business,
that information isneededtopreventorminimisethespreadofthenotifiable condition.(2)Thecontacttracingofficermayasktheownerorpersonapparently in
charge to give the contact tracing officer all oranyofthefollowinginformation(thebusinesscontactinformation) within a
stated reasonable time—(a)the owner’s or
person’s name and residential address oranotheraddresswheretheownerorpersonmaybecontacted;(b)the
name, address, whereabouts and telephone numberofanypersonwhoreceivedorprovidedgoodsorservices from or to the business
within a stated period;(c)information
about the circumstances in which a personwho received or
provided goods or services from or tothebusinessmayhavebeenexposedtothenotifiableconditionormayhaveexposedanotherpersontothenotifiable condition.(3)Thecontacttracingofficermayasktheownerorpersonapparentlyinchargetogivethecontacttracingofficerevidenceofthecorrectnessofthebusinesscontactinformationwithinastatedreasonabletimeifthecontacttracing officer reasonably suspects the
stated business contactinformation to be false.Page
94Current as at [Not applicable]
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 3
Notifiable conditions[s 102](4)If a
person fails to comply with a request under subsection (2)or
(3), the contact tracing officer may give the person a
noticethat—(a)statesthebusinesscontactinformationthepersonisrequired to provide; and(b)statesthebusinesscontactinformationisneededtoattempttopreventorminimisethespreadofthenotifiable condition; and(c)requires the person to give the
contact tracing officer thebusiness contact
information within a stated reasonabletime; and(d)warnsthepersonitisanoffencetofailtogivethebusiness contact information, unless the
owner or personhas a reasonable excuse; and(e)tells the person the effect of section
102(2).(5)Arequirementundersubsection (4)isabusinesscontactinformation requirement.(6)A person asked or required by a
contact tracing officer to givebusiness contact
information or evidence of the correctness ofbusinesscontactinformationmustnotstateanythingtotheofficerthatthepersonknowsisfalseormisleadinginamaterial particular.Maximum penalty—50 penalty units.(7)In this section—businessincludesanyorganisationwhetherornottheorganisation operates to make a
profit.Example—a sporting club
or charitable organisation102Failure to give
business contact information(1)A
person of whom a business contact information requirementis
made must comply with the requirement, unless the personhas
a reasonable excuse.Current as at [Not applicable]Page
95
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 3 Notifiable conditions[s
103]Maximum penalty—50 penalty units.(2)Itisnotareasonableexcusetofailtocomplywiththerequirement that complying with the
requirement might tendto incriminate the person.(3)However, the following is not
admissible in evidence againstan individual in
any civil or criminal proceeding—(a)anyinformationgivenbytheindividualincomplyingwith the
business contact information requirement or arequirementundersection 101(2)or(3)(primaryevidence);(b)any information, or document or other
thing, obtained asa direct or indirect result of primary
evidence (derivedevidence).(4)Subsection (3)
does not prevent primary evidence or derivedevidence being
admitted in evidence in—(a)criminalproceedingsaboutthefalsityormisleadingnature of the
primary evidence; or(b)proceedingsforobtainingacontrollednotifiableconditions order
under part 5.(5)Also, subsection (3) does not prevent
derived evidence beingadmittedinevidenceincriminalproceedingsaboutacontrolled notifiable
condition.103Obtaining contact information from
health informationheld by a health agency(1)Subsection (2) applies if a contact tracing
officer—(a)reasonablysuspectsthatapersonhasanotifiablecondition;
and(b)hasbeenunabletolocateandquestionthepersondespite
reasonable attempts to do so.(2)Thecontacttracingofficermayinspecthealthinformationheld by a health
agency to obtain the following information(also thecontact information)—Page
96Current as at [Not applicable]
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 3
Notifiable conditions[s 104](a)theperson’snameandresidentialaddressoranotheraddress where
the person may be contacted;(b)thenameandaddress,whereaboutsandtelephonenumber of
another person—(i)who may have transmitted the
notifiable conditionto the person; or(ii)towhomthepersonmayhavetransmittedthenotifiable condition;(c)informationaboutthecircumstancesinwhichthepersonmayhavebeenexposedtothenotifiablecondition or may
have exposed others to the notifiablecondition.Note—See
also section 99(2).(3)This section applies despite any other
provision of this Act orany provision of another law that
deals with confidentiality,including, for
example, theHospital and Health Boards Act2011, section
142.Division 3Confidentiality
of information anduse of information supplied forcontact tracing104Definitions for div 3In this
division—confidential informationmeans
information that has becomeknown to a
relevant person in the course of performing therelevantperson’sfunctionsunderthispartortherepealedprovisions.informationincludes a
document.relevant personmeans the
following—Current as at [Not applicable]Page
97
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 3 Notifiable conditions[s
105](a)a person who is, or was, a contact
tracing officer or otherperson involved in the administration
or enforcement ofthis part;(b)apersonwhowasinvolvedintheadministrationorenforcement of the repealed
provisions.repealedprovisionsmeanstheHealthAct1937,part3,division 2.105Confidentiality of information(1)Arelevantpersonmustnot,whetherdirectlyorindirectly,disclose
confidential information.Maximum penalty—50 penalty
units.(2)TheHospital and
Health Boards Act 2011, section 142, doesnotapplytoarelevantpersoninrelationtoconfidentialinformation.106Disclosure under an Act or another
lawSection 105(1)doesnotapplyifthedisclosureoftheconfidentialinformationbyarelevantpersonisauthorisedunder an Act or
another law.107Disclosure under Act or with written
consent etc.Section 105(1) does not apply if the
confidential informationis disclosed by a relevant
person—(a)in the performance of functions under
this Act; or(b)with the written or oral consent of
the person to whomthe information relates; or(c)to the person to whom the information
relates; or(d)in a form that could not identify any
person.Page 98Current as at
[Not applicable]
Public Health Act 2005Chapter 3
Notifiable conditions[s 108]108Disclosure to protect health of
personSection 105(1)doesnotapplyifthedisclosureoftheconfidentialinformationbyarelevantpersontoanotherpersonisauthorisedbythechiefexecutivetoprotectthehealth of that person or another
person.Notauthorised—indicativeonly108ADisclosure for contact tracing
purposes(1)Section 105(1)doesnotapplyifthedisclosureoftheconfidential information by a relevant
person is to a providerforthepurposeofcontactinganotherperson(thetracedperson)whohas,ormayhave,contractedanotifiablecondition,
to—(a)provide the traced person with
information to prevent orminimise transmission of the
notifiable condition; or(b)enable the
traced person to seek medical examination ortreatment.(2)In
this section—healthpractitionermeansapersonwhocarrieson,andisentitled to
carry on, an occupation involving the provision ofcareforanotherperson’sphysicalormentalhealthorwellbeing.Examples of a
health practitioner—•a doctor•a psychologist•a
social worker•a registered nurseprovider, in
relation to a person, means any of the following—(a)a health practitioner involved in the
treatment or care ofthepersonorahealthpractitionernominatedbytheperson;(b)if the person is a child—the person’s
parent or a personexercising parental responsibility for the
child, includingapersonwho,underAboriginaltraditionorIslandcustom, is
regarded as the parent of the child;Current as at
[Not applicable]Page 99
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 3 Notifiable conditions[s
109](c)the person’s legal guardian;(d)an entity from another jurisdiction
that is responsible forpreventingorcontrollingthespreadofcommunicablediseases in that
jurisdiction;(e)another entity prescribed under a
regulation.109Disclosure of confidential information
in the publicinterest(1)Section 105(1) does not apply to the
disclosure of confidentialinformation by a relevant person
if—(a)the chief executive believes, on
reasonable grounds, thedisclosure is in the public interest;
and(b)thechiefexecutivehas,inwriting,authorisedthedisclosure.(2)The
department’s annual report for a financial year under theFinancial Accountability Act 2009must
include details of—(a)thenatureofanyconfidentialinformationdisclosedunder subsection (1) during the financial
year; and(b)the purpose for which the confidential
information wasdisclosed.(3)However, the details mentioned in subsection
(2)(a) must notidentify,directlyorindirectly,thepersontowhomtheconfidential information relates.(4)DespitethePublicServiceAct2008,section 103,thechiefexecutive may
not delegate the chief executive’s power undersubsection
(1).110Disclosure to allow chief executive to
actSection 105(1)doesnotapplyifthedisclosureoftheconfidential information by a relevant
person is to the chiefexecutivetoallowthechiefexecutivetoactunderthisdivision.Page
100Current as at [Not applicable]
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 3
Notifiable conditions[s 111]111Use
of contact information and business contactinformation(1)Contactinformationorbusinesscontactinformation(theinformation)—(a)cannotbeaccessedunderanyorder,whetherofajudicial or
administrative nature, other than an order forthe purpose of
this Act; and(b)isnotadmissibleinanyproceeding,otherthanaproceeding under this Act or a proceeding
mentioned insection 100(4)(a) or (5) or section
102(4)(a) or (5).(2)A person can not be compelled to
produce the information, ortogiveevidencerelatingtotheinformation,inanyproceeding, other than a proceeding
under this Act.(3)Subsections (1)(b) and (2) do not
apply if the information isadmitted or
produced, or evidence relating to the informationisgiven,withtheconsentofthepersontowhomtheinformation relates.(4)Nothinginthissectionlimitsaccesstoinformationbythechief executive or a person authorised
by the chief executive.(5)In this
section—orderincludes a
direction or other process.Part 4Orders by chief executive aboutcontrolled notifiable conditionsDivision 1Preliminary112Definition for pt 4In this
part—chief executive’s ordersee section
113(4).Current as at [Not applicable]Page
101
Public
Health Act 2005Chapter 3 Notifiable conditions[s
113]Division 2Orders by chief
executiveNotauthorised—indicativeonly113Chief executive
may order detention(1)This section applies if the chief
executive—(a)reasonably suspects that a person who
has presented to apublicsectorhealthservicehas,ormayhave,acontrolled notifiable condition; and(b)reasonablysuspectstheperson’scondition,ortheperson’s condition and likely
behaviour, constitutes animmediate risk to public health;
and(c)issatisfiedthepersonhasbeencounselled,orreasonableattemptshavebeenmadetocounseltheperson, about the condition and its possible
effect on theperson’s health and on public health.(2)However,subsection
(1)(c)doesnotapplyifitisnotpracticable to counsel the person.(3)The chief executive may order the
detention of the person at apublic sector
health service.(4)The order (achief
executive’s order) must be in writing andmust state the
following—(a)the controlled notifiable condition
the person has or issuspected of having;(b)the reasons for the order;(c)the name of the public sector health
service where theperson is to be detained;(d)that the person must—(i)if the person is at the public sector
health servicewhere the person is to be detained—remain at
theservice; or(ii)ifthepersonisnotatthepublicsectorhealthservicewherethepersonistobedetained—goimmediately with
the person enforcing the order toPage 102Current as at [Not applicable]
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 3
Notifiable conditions[s 114]the public
sector health service and remain at theservice;(e)that the person, while being detained
at a public sectorhealthservice,mustcomplywiththereasonablerequirements of
the person in charge of the service;(f)when
the chief executive’s order ends under section 115.114Enforcement of chief executive’s
order(1)A chief executive’s order may be
enforced by the person incharge of the public sector health
service where the person towhom the order
relates is to be detained.(2)The person in
charge must before enforcing the order—(a)give
the person to whom the order relates a copy of thechief executive’s order; and(b)explain to the person, in general
terms, the purpose andeffect of the chief executive’s order
including that it isan offence not to comply with the
order.(3)The person in charge must note on the
copy and original of thechief executive’s order when the copy
was given to the person.(4)The person given
a copy of the chief executive’s order undersubsection
(2)(a) must comply with the order.Maximum
penalty—200 penalty units.(5)Thepersoninchargeofapublicsectorhealthservicemayenforce a chief executive’s order with
the help, and using theforce, that is reasonable in the
circumstances.(6)However,thepersoninchargeofapublicsectorhealthservicemustgivethepersondetainedanopportunitytovoluntarily comply with the order.(7)A person authorised by the person in
charge of a public sectorhealth service may help the person in
charge to enforce a chiefexecutive’s order.Current as at
[Not applicable]Page 103
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 3 Notifiable conditions[s
115]115Duration of chief executive’s
orderA chief executive’s order ends at the
earlier of—(a)24 hours from the time a copy is given
to the person whoisthesubjectoftheorderunlessthechiefexecutiveorders the earlier release of the person;
or(b)thetimeamagistratedecidesanapplicationforacontrollednotifiableconditionsorderrelatingtotheperson.Part 5Orders by magistrate aboutcontrolled notifiable conditionsDivision 1General116Applying for controlled notifiable
conditions order(1)The chief executive may apply to a
magistrate for any of thefollowingordersforaperson(eachacontrollednotifiableconditions
order)—(a)an initial
examination order;(b)a behavioural order;(c)a detention order.(2)The
application must be sworn and state the following—(a)the controlled notifiable condition
the person has or issuspected of having;(b)the grounds on which it is
made;(c)the nature of the order sought;(d)if an order taking the person into, or
keeping the personin, detention is sought—the proposed
arrangements forthe person’s detention and care.(3)The magistrate may refuse to consider
the application until theapplicantgivesthemagistratealltheinformationthePage
104Current as at [Not applicable]
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 3
Notifiable conditions[s 117]magistraterequiresabouttheapplicationinthewaythemagistrate requires.Example—Themagistratemayrequireadditionalinformationsupportingtheapplication be given by statutory
declaration.117Deciding application in person’s
absence(1)Amagistratemaydecideanapplicationforacontrollednotifiableconditionsorderintheabsenceofthepersonforwhom the order is sought if the
magistrate—(a)considerstheperson’spresencemaybeanimmediaterisk to public
health; or(b)is satisfied the person can not be
located; or(c)issatisfiedthereisanotherreasonthatmakesthisnecessary.(2)Without limiting subsection (1), a
magistrate may decide thatrepresentations, if any, for the
person must be made throughsomeone acting
for the person.Division 2Initial
examination orders118Making initial examination
order(1)Amagistratemaymakeaninitialexaminationorderforaperson if the
magistrate—(a)reasonablysuspectsthepersonmayhaveacontrollednotifiable
condition; and(b)is satisfied that if the person has
the condition, either ofthe following may constitute an
immediate risk to publichealth—(i)the
person’s condition;(ii)the person’s
condition and likely behaviour; andCurrent as at
[Not applicable]Page 105
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 3 Notifiable conditions[s
119](c)is satisfied it is necessary for the
person to undergo amedical examination to ascertain whether the
person hasthe condition; and(d)issatisfiedthepersonhasbeencounselled,orreasonableattemptshavebeenmadetocounseltheperson, about the condition and its possible
effect on theperson’s health and on public health.(2)However,subsection
(1)(d)doesnotapplyifitisnotpracticable to counsel the person.119What initial examination order may
provide(1)An initial examination order may
provide for any or all of thefollowing—(a)that
the person be detained at a stated place;(b)subject to subsection (2), a period that is
not more than72 hours, for which a person may be
detained;(c)that the person be detained in
isolation for part or all ofthe period of
detention;(d)if the person is not at the place
where the person is to bedetained, that the person be taken to
and detained at theplace;(e)that
the person undergo the medical examination statedintheorderbyadoctornominatedbythechiefexecutivetoascertainwhetherthepersonhasthecontrolled notifiable
condition.(2)The order may state a period that is
more than 72 hours only ifthemagistrateissatisfiedthatbecauseofthenatureofthecontrolled notifiable condition a
longer period is required toascertain
whether the person has the condition.(3)Theordermaybemadesubjecttotheconditionsthemagistrate considers appropriate.(4)Theordermayauthoriseanyauthorisedperson,withinastated period—Page 106Current as at [Not applicable]
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 3
Notifiable conditions[s 120](a)toenterorre-enteranyplacetheauthorisedpersonreasonably believes the person is;
and(b)to search the place to find the
person; and(c)toremainintheplaceforaslongastheauthorisedpersonconsidersisreasonablynecessarytofindtheperson; and(d)to
take the person to the place where the person is to bedetained under the order.(5)Anauthorisedpersonmayexercisepowersundertheorderwith the help,
and using the force,thatis reasonable
inthecircumstances.(6)Without limiting section 123, for enforcing
the order the chiefexecutivemaydetainthepersonandcarryoutthemedicalexaminationwiththehelp,andusingtheforce,thatisreasonable in the
circumstances.120Service of initial examination
orderAssoonaspracticableafteraninitialexaminationorderismade for a person, an authorised
person must—(a)give the person the subject of the
order a copy of theorder; and(b)explain the terms and effect of the order to
the personincluding the effect of section 121;
and(c)give the person an opportunity to
voluntarily accompanythe authorised person to the place
where the person thesubject of the order is to be
examined; and(d)give the person notice about the right
of appeal againstthe order and how to appeal.121Person must remain at place of
detention and undergomedical examinationApersondetainedunderaninitialexaminationordermustremain at the
place of detention for the period stated in theCurrent as at
[Not applicable]Page 107
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 3 Notifiable conditions[s
122]orderandundergothestatedmedicalexaminationstatedinthe order unless the person is
released under section 124.Maximum
penalty—400 penalty units.122When period of
detention startsTheperiodofdetentionofapersonunderaninitialexamination
order starts—(a)if the person is at the place where
the person is to beexamined—from the time the person is
detained at theplace and given a copy of the order;
or(b)if the person is not at the place
where the person is to beexamined—from the time the person is
detained at theplace after being given a copy of the
order.123Details of medical examination must be
explained(1)Thissectionappliestoadoctorundertakingthemedicalexamination of a
person under an initial examination order.(2)The
doctor must, if practicable—(a)give
an explanation to the person of the examination tobe
undertaken in a way likely to be readily understoodby
the person; and(b)allowthepersonanopportunitytosubmittotheexamination voluntarily.(3)If the person does not submit to the
examination voluntarily,the doctor may undertake the
examination with the help, andusing the force,
that is reasonable in the circumstances.124When
detained person must be released before the endof initial
examination orderThe chief executive must release a person
detained under thisdivision before the initial examination
order ends if the chiefexecutive is satisfied the reason for
the order no longer exists.Page 108Current as at [Not applicable]
Notauthorised—indicativeonlyDivision 3Public Health Act
2005Chapter 3 Notifiable conditions[s
125]Behavioural orders125Making behavioural order(1)A
magistrate may make a behavioural order for a person if themagistrate is satisfied—(a)the
person has a controlled notifiable condition; and(b)either of the following may constitute
an immediate riskto public health—(i)the
person’s condition;(ii)the person’s
condition and likely behaviour; and(c)the
person needs to do, or not do, stated things to avoidtheperson’scondition,ortheperson’sconditionandlikely behaviour, constituting a risk
to public health; and(d)the person has
been counselled, or reasonable attemptshavebeenmadetocounseltheperson,aboutthecondition and its possible effect on
the person’s healthand on public health.(2)However,subsection
(1)(d)doesnotapplyifitisnotpracticable to counsel the person.126What behavioural order may
provide(1)A behavioural order for a person may
provide that the persondoanyorallofthefollowingfortheperiodstatedintheorder—(a)undergo counselling by a stated person
or persons;(b)refrain from stated conduct;(c)refrain from visiting stated
places;(d)submit to supervision and monitoring
by another person.(2)Forsubsection
(1)(d),theordermayspecifythatthesupervision and monitoring—Current as at [Not applicable]Page
109
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 3 Notifiable conditions[s
127](a)be by a particular person or a person
nominated by thechief executive; and(b)be
done in a stated way.(3)Also,theordermaybemadesubjecttotheconditionsthemagistrate considers appropriate.(4)An authorised person may enforce the
order with the help, andusing the force, that is reasonable in
the circumstances.127Service of behavioural orderAs
soon as practicable after a behavioural order is made for aperson, an authorised person must—(a)give a copy of the order to the
person; and(b)explain the terms and effect of the
order to the personincludingthatisanoffencenottocomplywiththeorder; and(c)give
the person notice about the right of appeal againstthe
order and how to appeal.128Person must
comply with behavioural order(1)This
section applies if a behavioural order has been made for aperson and the person has been given a copy
of the order.(2)The person must comply with the
order.Maximum penalty—400 penalty units.Division 4Detention
orders129Making detention order(1)A magistrate may make a detention
order for a person if themagistrate is satisfied—(a)the person has a controlled notifiable
condition; andPage 110Current as at
[Not applicable]
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 3
Notifiable conditions[s 130](b)either of the following may constitute an
immediate riskto public health—(i)the
person’s condition;(ii)the person’s
condition and likely behaviour; and(c)the
person needs to be detained at a stated place for astatedperiodtoavoidtheperson’scondition,ortheperson’s condition and likely
behaviour, constituting arisk to public health; and(d)the person has been counselled, or
reasonable attemptshavebeenmadetocounseltheperson,aboutthecondition and its possible effect on
the person’s healthand on public health.(2)However,subsection
(1)(d)doesnotapplyifitisnotpracticable to counsel the person.130What detention order may
provide(1)A detention order for a person may
provide for any or all ofthe following—(a)that
the person be detained at a stated place for a statedperiod of not more than 28 days;(b)that the person be detained in
isolation for part or all ofthe period of
detention;(c)if the person is not at the place
where the person is to bedetained, that the person be taken to
and detained at theplace;(d)thatthepersonundergothemedicalexaminationortreatment stated in the order by a doctor
nominated bythe chief executive.(2)Theordermaybemadesubjecttotheconditionsthemagistrate considers appropriate.(3)Theordermayauthoriseanyauthorisedperson,withinastated period—Current as at
[Not applicable]Page 111
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 3 Notifiable conditions[s
131](a)toenterorre-enteranyplacetheauthorisedpersonreasonably believes the person is;
and(b)to search the place to find the
person; and(c)toremainintheplaceforaslongastheauthorisedpersonconsidersisreasonablynecessarytofindtheperson; and(d)to
take the person to the place where the person is to bedetained under the order.(4)Anauthorisedpersonmayexercisepowersundertheorderwith the help,
and using the force,thatis reasonable
inthecircumstances.(5)Without limiting section 133, for enforcing
the order the chiefexecutivemaydetainthepersonandcarryoutthemedicalexaminationwiththehelp,andusingtheforce,thatisreasonable in the
circumstances.131Service of detention orderAs
soon as practicable after a detention order is made for aperson, an authorised person must—(a)give the person the subject of the
order a copy of theorder; and(b)explain the terms and effect of the order to
the personincluding the effect of section 132;
and(c)if the person is not at the place
where the person is to bedetained, give the person an
opportunity to voluntarilyaccompany the authorised person to the
place; and(d)give the person notice about the right
of appeal againstthe order and how to appeal.132Person must remain at place of
detention and undergomedical examination or
treatmentA person detained under a detention order
must remain at theplaceofdetentionfortheperiodstatedintheorderandPage 112Current as at
[Not applicable]
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 3
Notifiable conditions[s 133]undergothemedicalexaminationortreatmentstatedintheorder.Maximum penalty—400 penalty units.133Details of medical examination or
treatment must beexplained(1)Thissectionappliestoadoctorundertakingamedicalexamination or
treatment of a person under a detention order.(2)The
doctor must, if practicable—(a)give
an explanation to the person of the examination ortreatment to be undertaken in a way likely
to be readilyunderstood by the person; and(b)allowthepersonanopportunitytosubmittotheexamination or treatment
voluntarily.(3)If the person does not submit to the
examination or treatmentvoluntarily,thedoctormayundertaketheexaminationortreatment with the help, and using the
force, that is reasonablein the circumstances.Division 5Extension,
variation or revocationof controlled notifiable
conditionsorders134Extension of behavioural or detention
orders(1)The chief executive may apply to a
magistrate for an order toextend the period of a behavioural
order or a detention order.(2)The
application must be made before the order ends.(3)A
behavioural order may be extended once only and for theperiod decided by the magistrate.(4)Adetentionordermaybeextendedonceonlyandfornotmore than 28
days.Current as at [Not applicable]Page
113
Public
Health Act 2005Chapter 3 Notifiable conditions[s
135](5)Thispartapplies,withallnecessarychanges,totheapplication as
if it were an application for a behavioural orderor a
detention order.Notauthorised—indicativeonly135Variation and
revocation of initial examination,behavioural or
detention orders(1)The chief executive may apply to a
magistrate for an order tovaryorrevokeaninitialexaminationorder,abehaviouralorder or a
detention order.(2)Thispartapplies,withallnecessarychanges,totheapplicationasifitwereanapplicationforaninitialexamination
order, a behavioural order or a detention order.(3)Without limiting the things to which
the magistrate may haveregardindecidingtheapplication,themagistratemayhaveregard to a
contravention of section 121, 128 or 132.Division 6Warrants136Application for warrant for
apprehension(1)Thissectionappliesifapersonwhoissubjecttoaninitialexamination
order or a detention order—(a)abscondswhilebeingtakentotheplacewheretheperson is to be detained under the order;
or(b)abscondsfromtheplacewherethepersonisbeingdetained under
the order; or(c)absconds from another place before
being taken to theplace where the person is to be detained
under the order.(2)An authorised person may apply to a
magistrate for a warrantfor apprehension of the person.(3)The authorised person must prepare a
written application thatstates the grounds on which the
warrant is sought.(4)The written application must be
sworn.Page 114Current as at
[Not applicable]
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 3
Notifiable conditions[s 137](5)The
magistrate may refuse to consider the application until theauthorised person gives the magistrate all
the information themagistraterequiresabouttheapplicationinthewaythemagistrate requires.Example—Themagistratemayrequireadditionalinformationsupportingtheapplication be given by statutory
declaration.137Issue of warrant(1)The
magistrate may issue a warrant for the apprehension ofthe
person who has absconded if the magistrate is satisfied thewarrant is necessary to enable an authorised
person to detainthe person.(2)The
warrant authorises any authorised person—(a)toenterorre-enteranyplacetheauthorisedpersonreasonably believes the person is;
and(b)to search the place to find the
person; and(c)toremainintheplaceforaslongastheauthorisedpersonconsidersisreasonablynecessarytofindtheperson; and(d)to
take the person to the place where the person is to bedetainedunderaninitialexaminationorderoradetention
order.(3)The warrant must state the day when it
ends.(4)An authorised person may exercise
powers under the warrantwith the help, and using the
force,thatis reasonable
inthecircumstances.138Application by electronic communication and
duplicatewarrant(1)An
application under section 136 may be made by phone, fax,email, radio, videoconferencing or another
form of electroniccommunication if the authorised person
reasonably considersit necessary because of—Current as at [Not applicable]Page
115
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 3 Notifiable conditions[s
138](a)urgent circumstances; or(b)other special circumstances,
including, for example, theauthorised
person’s remote location.(2)The
application—(a)may not be made before the authorised
person preparesthe written application under section
136(3); but(b)may be made before the written
application is sworn.(3)The magistrate
may issue the warrant (theoriginal warrant)only
if the magistrate is satisfied—(a)itwasnecessarytomaketheapplicationundersubsection (1); and(b)the
way the application was made under subsection (1)was
appropriate.(4)After the magistrate issues the
original warrant—(a)if there is a reasonably practicable
way of immediatelygiving a copy of the warrant to the
authorised person, forexample,bysendingacopybyfaxoremail,themagistrate must immediately give a
copy of the warrantto the authorised person; or(b)otherwise—(i)the
magistrate must tell the authorised person thedate and time
the warrant is issued and the otherterms of the
warrant; and(ii)theauthorisedpersonmustcompleteaformofwarrant, including by writing on it—(A)the magistrate’s name; and(B)thedateandtimethemagistrateissuedthewarrant; and(C)the
other terms of the warrant.(5)The
copy of the warrant mentioned in subsection (4)(a), or theform
of warrant completed under subsection (4)(b) (in eitherPage
116Current as at [Not applicable]
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 3
Notifiable conditions[s 139]case theduplicate warrant), is a
duplicate of, and as effectualas, the original
warrant.(6)Theauthorisedpersonmust,atthefirstreasonableopportunity,
send to the magistrate—(a)thewrittenapplicationcomplyingwithsection
136(3)and (4); and(b)iftheauthorisedpersoncompletedaformofwarrantundersubsection (4)(b)—thecompletedformofwarrant.(7)Themagistratemustkeeptheoriginalwarrantand,onreceiving the documents under subsection
(6)—(a)attach the documents to the original
warrant; and(b)give the original warrant and
documents to the clerk ofthe court of the relevant magistrates
court.(8)Despite subsection (5), if—(a)anissuearisesinaproceedingaboutwhetheranexercise of a power was authorised by a
warrant issuedunder this section; and(b)the
original warrant is not produced in evidence;the onus of
proof is on the person relying on the lawfulness ofthe
exercise of the power to prove a warrant authorised theexercise of the power.(9)In
this section—relevant magistrates court, in
relation to a magistrate, meansthe Magistrates
Court that the magistrate constitutes under theMagistrates Act
1991.139Defect in
relation to a warrant(1)A warrant is not
invalidated by a defect in the warrant, or incompliancewithsection 136,137or138,unlessthedefectaffects the
substance of the warrant in a material particular.(2)In this section—Current as at
[Not applicable]Page 117
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 3 Notifiable conditions[s
140]warrantincludesaduplicatewarrantmentionedinsection 138(5).Division 7Procedure for entry under ordersand
warrants140Procedure before entry—orders(1)Thissectionappliesifanauthorisedpersonisintendingtoenter a place under an initial examination
order or detentionorder.(2)Before entering the place, the authorised
person must do ormake a reasonable attempt to do the
following things—(a)identifyhimselforherselftoapersonpresentattheplacewhoisanoccupieroftheplacebyproducingacopyoftheauthorisedperson’sidentitycardorotherdocument
evidencing the appointment;(b)give
the person a copy of the order;(c)tell
the person the authorised person is permitted by theorder to enter the place;(d)give the person an opportunity to
allow the authorisedperson immediate entry to the place
without using force.(3)However,theauthorisedpersonneednotcomplywithsubsection (2) if the authorised person
believes on reasonablegrounds that immediate entry to the
place is required to ensurethe effective
execution of the order is not frustrated.141Procedure before entry—warrants(1)Thissectionappliesifanauthorisedpersonisintendingtoenter a place under a warrant under this
part.(2)Before entering the place, the
authorised person must do ormake a
reasonable attempt to do the following things—Page 118Current as at [Not applicable]
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 3
Notifiable conditions[s 142](a)identifyhimselforherselftoapersonpresentattheplacewhoisanoccupieroftheplacebyproducingacopyoftheauthorisedperson’sidentitycardorotherdocument
evidencing the appointment;(b)give
the person a copy of the warrant;(c)tell
the person the authorised person is permitted by thewarrant to enter the place;(d)give the person an opportunity to
allow the authorisedperson immediate entry to the place
without using force.(3)However,theauthorisedpersonneednotcomplywithsubsection (2) if the authorised person
believes on reasonablegrounds that immediate entry to the
place is required to ensurethe effective
execution of the warrant is not frustrated.(4)In
this section—warrantincludesaduplicatewarrantmentionedinsection 138(5).Division 8Appeals against magistrate’sdecisions142Appeal against decision on application for
controllednotifiable conditions order or extension of
orderThefollowingpersonsmayappealtotheDistrictCourtagainst a decision on an application for a
controlled notifiableconditions order or an extension or
variation of the order—(a)the chief
executive;(b)the person to whom the application
relates.Current as at [Not applicable]Page
119
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 3 Notifiable conditions[s
143]Part 6Reckless spread
of controllednotifiable conditions143Person must not recklessly spread controlled
notifiablecondition(1)Apersonmustnotrecklesslyputsomeoneelseatriskofcontracting a controlled notifiable
condition.Maximumpenalty—200penaltyunitsor18monthsimprisonment.(2)A
person must not recklessly transmit a controlled notifiablecondition to someone else.Maximumpenalty—400penaltyunitsor2yearsimprisonment.(3)A
person does not commit an offence against subsection (1)if,
when the other person was put at risk of contracting thecondition, the other person—(a)knew the person had the condition;
and(b)voluntarilyacceptedtheriskofcontractingthecondition.(4)A
person does not commit an offence against subsection (2)if,
when the condition was transmitted to the other person, theother person—(a)knew
the person had the condition; and(b)voluntarilyacceptedtheriskofcontractingthecondition.(5)A
person does not commit an offence against subsection (1) or(2)
by merely refusing, or failing, to be vaccinated against aconditionforwhichthereisarecognisedandreasonablyavailable
vaccine.Note—The Criminal
Code, section 317 provides for the crime of intentionallytransmitting a serious disease to a
person.Page 120Current as at
[Not applicable]
Notauthorised—indicativeonlyPart
7ProceedingsPublic Health Act
2005Chapter 3 Notifiable conditions[s
144]144How proceedings under this chapter
heard(1)A court hearing a proceeding under
this chapter, including aproceeding for an offence, may by its
order limit the extent towhich its business is open to the
public if the public interest orthe interest of
justice require it (thelimitation power) havingregard to—(a)the
subject matter of the proceeding; or(b)the
nature of the evidence expected to be given.(2)Apersonmustnotmakeorpublishareportaboutaproceedinginrelationtowhichthelimitationpowerisexercised unless the report—(a)is authorised by the court; or(b)ismadeforthepurposeoftheproceedingorofaproceeding
related to that proceeding; or(c)iscontainedinorismadeforthepurposeofbeingcontained in a
recognised series of law reports; or(d)is
made for the chief executive.Maximum
penalty—(a)forafirstoffence—200penaltyunitsor6monthsimprisonment;
or(b)forasubsequentoffence—400penaltyunitsor12months imprisonment.(3)This section does not limit theSupreme Court of QueenslandAct1991,section 8,theDistrictCourtofQueenslandAct1967,section 126ortheMagistratesCourtsAct1921,section 14A.Current as at
[Not applicable]Page 121
Public
Health Act 2005Chapter 3 Notifiable conditions[s
145]Part 8Other matters
about controllednotifiable conditions ordersNotauthorised—indicativeonly145Person may give
information necessary for authorisedperson’s
safety(1)This section applies if—(a)under a chief executive’s order, the
person (therelevantperson)
who is the subject of the order is to be taken to,or
detained at, a public sector health service; or(b)under an initial examination order, the
person (also therelevant person) who is the
subject of the order is to betaken to, or
detained at, a stated place; or(c)under an behavioural order, the person (also
therelevantperson)
who is the subject of the order is to do or not dostated things for a stated period; or(d)underadetentionorder,theperson(alsotherelevantperson)
who is the subject of the order is to be taken to,or
detained at, a stated place; or(e)a
person (also therelevant person) may be
apprehendedunder a warrant issued under section 137 or
138.(2)To protect the safety of the relevant
person or the followingpersons a doctor, health service
employee or person involvedin the
administration of this Act may give information aboutthe
relevant person to the following persons—(a)an
authorised person;(b)the relevant person;(c)the person in charge of public sector
health service;(d)apersonauthorisedbythepersoninchargeofpublicsector health
service.(3)This section applies despite any other
provision of this Act orany provision of another law that
deals with confidentiality,including, for
example, theHospital and Health Boards Act2011, section
142.Page 122Current as at
[Not applicable]
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 4
Infection control for health care facilities[s 146]146Obstructing persons exercising
powers(1)Apersonmustnotobstructanyofthefollowingintheexercise of a
power under this chapter, unless the person has areasonable excuse—(a)the
chief executive;(b)a doctor;(c)an
authorised person;(d)a person in charge of a public sector
health service;(e)apersonauthorisedbyapersoninchargeofapublicsector health
service.Maximum penalty—100 penalty units.(2)Ifapersonhasobstructedapersonmentionedinsubsection (1)(a)to(e)(theenforcingperson)andtheenforcing person
decides to proceed with the exercise of thepower, the
enforcing person must warn the person that—(a)it
is an offence to obstruct the enforcing person, unlessthe
person has a reasonable excuse; and(b)the
enforcing person considers the person’s conduct isan
obstruction.Chapter 4Infection
control for healthcare facilitiesPart 1Preliminary147Definitions for ch 4In this
chapter—commencementmeans the
commencement of this chapter.Current as at
[Not applicable]Page 123
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 4 Infection control for health care
facilities[s 148]declared health
servicesee section 148.ICMPsee
section 152.invasive proceduremeans a
procedure involving the insertionof an
instrument, appliance or other object into human tissue,organs, body cavities or body
orifices.Examples—subcutaneous and
intramuscular injections, blood collection, dentistry,suturing of superficial wounds and
examinations of the mouthmobile premisesmeans premises
that—(a)areavehicleorareotherwiseordinarilymovedfromplace to place;
and(b)are used for the provision of a
declared health service.operator, of a health
care facility, means the person who hasthe day to day
operation and control of the facility.148Meaning ofdeclared health
service(1)Adeclaredhealthservicemeansaserviceprovidedtoaperson
that—(a)is intended to maintain, improve or
restore the person’shealth; and(b)involves the performance of an invasive
procedure or anactivitythatexposesthepersonoranotherpersontoblood or another bodily fluid.(2)Withoutlimitingsubsection (1),adeclaredhealthserviceincludes a
declared health service provided to a person at thefollowing—(a)a
public sector hospital;(b)a medical
practice;(c)a dental practice;(d)an
acupuncture clinic;(e)a midwifery service;Page
124Current as at [Not applicable]
Public Health Act 2005Chapter 4
Infection control for health care facilities[s 149](f)an ambulance service;(g)a blood bank.Notauthorised—indicativeonly149Meaning ofhealth care
facility(1)Ahealthcarefacilitymeansafacilityatwhichadeclaredhealth service
is provided and includes—(a)mobile premises
associated with the facility; and(b)other premises or places at which persons
employed orotherwise engaged at the facility provide
declared healthservices for the facility.Examples for subsection (1)—1an ambulance base and the ambulances
that operate from the base2a home-based
service provided by a public sector hospital3anacupunctureclinicoperatingfromanofficeorresidentialaddress that
provides home visits(2)A health care
facility includes services supporting the facility.Example for subsection (2)—a
hospital laundry or cleaning service150Application of ch 4(1)This
chapter does not apply to—(a)a private health
facility; or(b)anareawithinahealthcarefacilityusedforfoodservices,including,forexample,thepreparation,handling and
storage of food; or(c)an aged care service conducted by an
approved providerunder theAged Care Act
1997(Cwlth).(2)If
this chapter conflicts with either of the following Acts,
thatAct prevails, but only to the extent of the
conflict—(a)theWork Health and
Safety Act 2011;(b)theEnvironmental Protection Act 1994.Current as at [Not applicable]Page
125
Public
Health Act 2005Chapter 4 Infection control for health care
facilities[s 151]Part 2General obligation to minimiseinfection risks for declaredhealth servicesNotauthorised—indicativeonly151Obligation to
minimise risk of infectionA person involved in the provision of
a declared health servicemusttakereasonableprecautionsandcaretominimisetherisk
of infection to other persons.Examplesofapersoninvolvedintheprovisionofadeclaredhealthservice—1a
registered nurse collecting blood for a blood bank2the medical superintendent or director
of nursing of a public sectorhospital3theownerofadentalpracticethatemploysdentists,onapermanent or
casual basis4theownerofabusinessthatoperatesafirstaidroomforitsemployeesExample of how a
person might take reasonable precautions and care—The
person complies with the ICMP for the health care facility at
whichthedeclaredhealthserviceisprovidedandwithanymeasuresprescribed under
section 461(2)(a) about preventing and controlling thespread of infectious conditions in providing
the declared health serviceMaximum
penalty—1,000 penalty units.Part 3Infection control managementplans152What
is an infection control management planAninfectioncontrolmanagementplan(anICMP),forahealthcarefacility,isadocumentedplantopreventorminimise the risk of infection, in relation
to a declared healthservice, for—(a)persons receiving services at the facility;
andPage 126Current as at
[Not applicable]
Public Health Act 2005Chapter 4
Infection control for health care facilities[s 153](b)persons employed or engaged at the
facility; and(c)other persons at risk of infection at
the facility.Notauthorised—indicativeonly153Obligation of owner for ICMP(1)This section applies if the owner and
the operator of a healthcare facility are different
persons.(2)The owner must ensure—(a)thereisanICMPforthehealthcarefacilitythatcomplies with section 155(1) and includes
the mattersprescribed under section 155(2); and(b)declaredhealthservicesprovidedatthehealthcarefacility are
provided in compliance with the ICMP; and(c)theoperatorreviewstheeffectivenessandimplementationoftheICMPatintervalsofnotmorethan 1
year.Maximum penalty—500 penalty units.(3)Subsection (2) does not apply if the
facility is a health carefacility, or of a type of health care
facility, prescribed under aregulation.(4)However, a health care facility, or a type
of health care facility,maybeprescribedundersubsection (3)onlyifthechiefexecutiveissatisfiedtheinfectionrisksassociatedwiththeprovisionofadeclaredhealthserviceatthefacilityorafacility of that type can be prevented
or minimised without anICMP for the facility.154Obligation of owner/operator for
ICMP(1)This section applies if the owner and
the operator of a healthcare facility are the same
person.(2)The operator must—(a)ensure there is an ICMP for the health care
facility thatcomplies with section 155(1) and includes
the mattersprescribed under section 155(2); andCurrent as at [Not applicable]Page
127
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 4 Infection control for health care
facilities[s 155](b)ensuredeclaredhealthservicesprovidedatthehealthcare facility
are provided in compliance with the ICMP;and(c)reviewtheeffectivenessandimplementationoftheICMP at intervals of not more than 1
year.Maximum penalty—500 penalty units.(3)Subsection (2) does not apply if the
facility is a health carefacility, or of a type of health care
facility, prescribed under aregulation.(4)However, a health care facility, or a type
of health care facility,maybeprescribedundersubsection (3)onlyifthechiefexecutiveissatisfiedtheinfectionrisksassociatedwiththeprovisionofadeclaredhealthserviceatthefacilityorafacility of that type can be prevented
or minimised without anICMP for the facility.155What an ICMP must contain(1)An ICMP for a health care facility
must state—(a)theinfectionrisksassociatedwiththeprovisionofdeclared health services provided at the
facility; and(b)themeasurestobetakentopreventorminimisetheinfection risks for declared health
services; and(c)howtheoperatoristomonitorandreviewtheimplementation and effectiveness of the
measures; and(d)details about the provision of
training in relation to theICMP for persons
employed or otherwise engaged at thefacility;
and(e)how often the ICMP is to be reviewed;
and(f)if a person other than the operator of
the facility is alsoresponsible for providing advice
about, and monitoringtheeffectivenessof,theICMP—thenameofthatperson.Page
128Current as at [Not applicable]
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 4
Infection control for health care facilities[s 156](2)AregulationmayprescribematterstobeincludedinanICMP, including
the measures under subsection (1)(b) that areto be included
in an ICMP.(3)TheICMPmustbewritteninawaylikelytobeeasilyunderstood by persons employed or otherwise
engaged at thefacility.(4)The
operator of the facility must—(a)sign
and date the ICMP; and(b)sign and date
the ICMP each time it is reviewed.(5)The
operator must keep a copy of the ICMP at a place at thefacilitythatisreadilyaccessibletopersonsemployedorotherwise engaged at the
facility.Maximum penalty—100 penalty units.(6)If,afterdevelopinganICMPforahealthcarefacility,theoperatorofthefacilityintendstoprovideadeclaredhealthservice not identified in the ICMP, the
operator must, beforeproviding the service, review and
amend the ICMP to addressthe infection risks associated with
the service.156Time for developing and implementing
an ICMPTheoperatorofahealthcarefacilitymustdevelopandimplement an ICMP—(a)forahealthcarefacilityoperatingatthecommencement—within6monthsofthecommencement; or(b)forahealthcarefacilitythatstartsoperationafterthecommencement—before the facility
provides a declaredhealth service.156AGiving copy of ICMP and information to
authorisedperson(1)An
authorised person appointed by the chief executive may,by
notice given to the operator of a health care facility,
requireCurrent as at [Not applicable]Page
129
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 4 Infection control for health care
facilities[s 156B]the operator to
give the following to the authorised person bythe day stated
in the notice—(a)a copy of the ICMP for the health care
facility;(b)other stated information about
procedures for preventingorminimisingtheriskofinfectiontopersonsatthehealth care facility.(2)The operator must comply with the
notice, unless the operatorhas a reasonable
excuse.Maximum penalty—200 penalty units.156BAmending ICMP(1)This
section applies if an authorised person appointed by thechief executive is satisfied an ICMP for a
health care facilityrequires amendment to comply with this
part.(2)The authorised person may, by notice
given to the operator ofthehealthcarefacility,requiretheoperatortoamendtheICMP.(3)The
notice must state the following—(a)that
the operator must amend the ICMP;(b)the
way the ICMP must be amended;(c)the
day by which the ICMP must be amended;(d)the
day by which the operator must give the authorisedperson a copy of the amended ICMP.(4)The operator must comply with the
notice, unless the operatorhas a reasonable
excuse.Maximum penalty—500 penalty units.Page
130Current as at [Not applicable]
Part
3APublic Health Act 2005Chapter 4
Infection control for health care facilities[s 156C]Improvement notices anddirections
noticesNotauthorised—indicativeonly156CImprovement notice(1)This
section applies if an authorised person appointed by thechief executive reasonably believes—(a)the operator or owner of a health care
facility—(i)is contravening a relevant provision;
or(ii)hascontravenedarelevantprovisionincircumstances that make it likely the
contraventionwill continue or be repeated; and(b)amatterrelatingtothecontraventionisreasonablycapable of being
remedied; and(c)itisappropriatetogivetheoperatororowneranopportunity to remedy the matter.(2)The authorised person may give the
operator or owner a notice(animprovement
notice) requiring the operator or owner toremedy the contravention or have the
contravention remedied.(3)The improvement
notice must state the following—(a)the
relevant provision the authorised person believes isbeing, or has been, contravened;(b)thattheauthorisedpersonreasonablybelievestheoperator or owner—(i)is
contravening the relevant provision; or(ii)hascontravenedtherelevantprovisionincircumstances that make it likely the
contraventionwill continue or be repeated;(c)briefly, how it is believed the
relevant provision is being,or has been,
contravened;(d)theperiodwithinwhichtheoperatororownermustremedythecontraventionorhavethecontraventionremedied;Current as at [Not applicable]Page
131
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 4 Infection control for health care
facilities[s 156D](e)thatitisanoffencetofailtocomplywiththeimprovement notice, unless the
operator or owner has areasonable excuse.(4)The
period stated under subsection (3)(d) must be reasonable,havingregardtotherisktopublichealthposedbythecontravention.(5)The
improvement notice may also state the reasonable stepstheauthorisedpersonconsidersnecessarytoremedythecontravention, or avoid further
contravention, of the relevantprovision.(6)Theoperatororownermustcomplywiththeimprovementnotice, unless
the operator or owner has a reasonable excuse.Maximum
penalty—(a)if the relevant provision the subject
of the improvementnotice is section 151—1,000 penalty units;
or(b)if the relevant provision the subject
of the improvementnotice is section 153(2) or 154(2)—500
penalty units; or(c)if the relevant provision the subject
of the improvementnotice is section 155(5)—100 penalty
units.(7)An operator or owner may be prosecuted
for the contraventionofarelevantprovisionwithoutanauthorisedpersonfirstgiving an
improvement notice for the contravention.(8)In
this section—relevant provisionmeans—(a)inrelationtotheoperatorofahealthcarefacility—section 151, 154(2) or 155(5); or(b)in relation to the owner of a health
care facility who isnot the operator of the
facility—section 153(2).156DRecord of
compliance with improvement notice(1)If
the operator or owner of a health care facility who is givenan
improvement notice by an authorised person under this partreasonably believes the operator or owner
has complied withPage 132Current as at
[Not applicable]
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 4
Infection control for health care facilities[s 156E]the
notice, the operator or owner may inform the authorisedperson of the belief.(2)If
the authorised person is satisfied the operator or owner hascomplied with the improvement notice, the
authorised personmust—(a)recordthedateofthecomplianceonacopyofthenotice; and(b)if
asked, give a copy of the dated notice to the operatoror
owner.156EDirections notice(1)Thissectionappliesifthechiefexecutivereasonablybelieves—(a)the operator of a health care
facility—(i)is contravening section 151; or(ii)has contravened
section 151 in circumstances thatmake it likely
the contravention will continue or berepeated;
and(b)thereisaseriousriskofharmtoaperson’shealthbecause of the contravention or likely
contravention.(2)Thechiefexecutivemaygivetheoperatoranotice(adirections notice) directing the
operator to stop providing astated declared
health service at the health care facility for astated period of not more than 30
days.(3)The directions notice must also state
the following—(a)thatthechiefexecutivereasonablybelievestheoperator—(i)is
contravening section 151; or(ii)has
contravened section 151 in circumstances thatmake it likely
the contravention will continue or berepeated;(b)briefly, how it is believed section
151 is being, or hasbeen, contravened;Current as at
[Not applicable]Page 133
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 4 Infection control for health care
facilities[s 156F](c)the
period within which the operator must remedy thecontravention or have the contravention
remedied;(d)the serious risk of harm caused by the
contravention orlikely contravention;(e)that
it is an offence to failtocomplywiththenotice,unless the
operator has a reasonable excuse.(4)The
directions notice may also state the reasonable steps thechiefexecutiveconsidersnecessarytoremedythecontravention, or avoid further
contravention, of section 151.(5)Thedirectionsnoticetakeseffectwhenitisgiventotheoperator of the health care
facility.156FChief executive may extend directions
notice(1)Thissectionappliesif,beforetheendoftheperiodstatedundersection156E(2)foradirectionsnotice,thechiefexecutivestillbelievesthemattersmentionedinsection156E(1) for the
directions notice.(2)Thechiefexecutivemay,bynoticegiventotheoperator,extend the period during which the operator
must not providethe stated declared health service by not
more than 30 days.156GCourt order may extend directions
notice(1)Thissectionappliesifthechiefexecutivehasgivenadirections notice to the operator of a
health care facility.(2)The chief
executive may apply to a magistrate for an order toextend the period during which the operator
must not providethe stated declared health service.(3)The application must be made before
the end of—(a)theperiodstatedundersection156E(2)forthedirections
notice; or(b)iftheperiodisextendedundersection156F(2)—theextended
period.Page 134Current as at
[Not applicable]
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 4
Infection control for health care facilities[s 156H](4)Ifthemagistratehasnotdecidedtheapplicationbeforetheend of the period in which the
application must be made, thedirectionsnoticecontinuesineffectuntilthemagistratedecides the
application.(5)The magistrate may refuse to consider
the application until thechiefexecutivegivesthemagistratealltheinformationthemagistrate requires to make the
order.(6)Themagistratemaymakeanordertoextendtheperiodmentioned in
subsection (2) for a further stated period if themagistrate is satisfied—(a)the
operator—(i)is contravening section 151; or(ii)has contravened
section 151 in circumstances thatmake it likely
the contravention will continue or berepeated;
and(b)thereisaseriousriskofharmtoaperson’shealthbecause of the contravention or likely
contravention.156HOffence to fail to comply with a
directions noticeTheoperatorofahealthcarefacilitymustcomplywithadirections notice given to the
operator, unless the operator hasa reasonable
excuse.Maximum penalty—3,000 penalty units.156IRecord of compliance with directions
notice(1)Iftheoperatorofahealthcarefacilitywhoisgivenadirectionsnoticeunderthispartreasonablybelievestheoperatorhascompliedwiththenotice,theoperatormayinform the chief executive of the
belief.(2)If the chief executive is satisfied
the operator has compliedwith the directions notice, the chief
executive must—(a)recordthedateofthecomplianceonacopyofthenotice; andCurrent as at
[Not applicable]Page 135
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 4A Health of persons with major
disturbance in mental capacity[s 157](b)if asked, give a copy of the dated
notice to the operator.(3)Thedirectionsnoticestopshavingeffectonthedateofcompliance.Part 4Reporting contraventions ofchapter 4 to other entities157Chief executive may report
contraventions(1)If the chief executive considers a
person has contravened thischapter,thechiefexecutivemayreporttheallegedcontravention to
a relevant entity.(2)In this section—relevant
entitymeans—(a)the
health ombudsman; or(c)aboardestablishedundertheHealthPractitionerRegulation
National Law; or(d)anotherentitythathasthepowerunderanActoftheState, the Commonwealth or another
State to deal withthe matter.Chapter 4AHealth of persons withmajor
disturbance in mentalcapacityPart 1Preliminary157ADefinitions for ch 4AIn this
chapter—Page 136Current as at
[Not applicable]
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 4A Health
of persons with major disturbance in mental capacity[s
157A]ambulanceofficerseetheAmbulanceServiceAct1991,schedule.authorised
personmeans—(a)a
police officer; or(b)anappropriatelyqualifiedhealthserviceemployeeappointedasanauthorisedpersonbythepersonincharge of a public sector health
service facility; or(c)an ambulance
officer; or(d)a security officer.emergency examination authoritysee
section 157D(1).examination periodsee section
157E(1).healthpractitionermeansapersonregisteredundertheHealthPractitionerRegulationNationalLaw,oranotherperson who
provides health services, including, for example, asocial worker.publicsectorhealthservicefacilityseetheHospitalandHealth Boards Act 2011,
schedule 2.securityofficermeansapersonemployedorengagedbyapublicsectorhealthservicefacilitytoprovidesecurityservices,regardlessofhowtheperson’semploymentorengagement is described.treatment or
care placemeans a public sector health servicefacility or another place, other than a
watch house, where apersonmayreceivetreatmentandcareappropriatetotheperson’s needs.Example of
another place where a person may receive treatment and careappropriate to the person’s needs—the
person’s homeCurrent as at [Not applicable]Page
137
Public
Health Act 2005Chapter 4A Health of persons with major
disturbance in mental capacity[s 157B]Part
2Taking persons to treatment orcare
placeNotauthorised—indicativeonly157BAmbulance officer
or police officer may detain andtransport
person(1)This section applies if an ambulance
officer or police officerbelieves—(a)a
person’s behaviour, including, for example, the way inwhich the person is communicating, indicates
the personis at immediate risk of serious harm;
andExample—a person is
threatening to commit suicide(b)the
risk appears to be the result of a major disturbance inthe
person’s mental capacity, whether caused by illness,disability, injury, intoxication or another
reason; and(c)thepersonappearstorequireurgentexamination,ortreatment and care, for the
disturbance.(2)For thePolice Powers
and Responsibilities Act 2000, section609(1)(a)(i), the police officer may
consider advice receivedfrom a health practitioner about the
person in forming a viewas to whether there is an imminent
risk of injury to a person.(3)The
ambulance officer or police officer may detain the personand
transport the person to a treatment or care place.(4)If the treatment or care place is a
public sector health servicefacility that is
not an inpatient hospital, the person may onlybe transported
to the facility with the approval of the person incharge of the facility.(5)If
the person is detained and transported to a treatment or
careplace,otherthanapublicsectorhealthservicefacility,thepersoncannotbedetainedattheplaceunlessanActotherwise requires.Note—See section 157E
for detention in a treatment or care place that is apublic sector health service
facility.Page 138Current as at
[Not applicable]
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 4A Health
of persons with major disturbance in mental capacity[s
157C](6)In this section—inpatient
hospitalmeans a hospital where a person may
bedischarged on a day other than the day on
which the personwas admitted to the hospital.157CWhat ambulance officer or police
officer must tell person(1)The ambulance
officer or police officer must—(a)tell
the person that the officer is detaining the person andtransporting the person to a treatment or
care place; and(b)explain to the person how taking
action under paragraph(a) may affect the person.(2)The ambulance officer or police
officer must take reasonablesteps to ensure
the person understands the information givenundersubsection(1),includingbytellingthepersonorexplaining the thing to the person—(a)in an appropriate way having regard to
the person’s age,culture,mentalimpairmentorillness,communicationability and any
disability; and(b)inaway,including,forexample,inalanguage,theperson is most likely to understand.157DGiving emergency examination
authority(1)If the ambulance officer or police
officer takes the person to atreatment or
care place that is a public sector health servicefacility, the officer must immediately make
an authority (anemergency examination authority)
for the person.(2)The authority must—(a)be in the approved form; and(b)state the time when it is
given.(3)Thepersonmaybedetainedinthetreatmentorcareplacewhile the authority is being made.Current as at [Not applicable]Page
139
Public
Health Act 2005Chapter 4A Health of persons with major
disturbance in mental capacity[s 157E](4)Immediately after making the
authority, the ambulance officeror police
officer must give theauthority to a health serviceemployee at the treatment or care
place.Notauthorised—indicativeonly157EDetention in
treatment or care place(1)A person subject
to an emergency examination authority maybe detained in a
treatment or care place that is a public sectorhealth service
facility for a period (theexamination period) ofnot
more than 6 hours starting when the authority is given tothe
health service employee under section 157D(4).(2)A
doctor or health practitioner must explain the effect of theauthority to the person.(3)The
doctor or health practitioner must take reasonable steps toensurethepersonunderstandstheinformationgivenundersubsection (2),
including by telling the person or explainingthe information
to the person—(a)in an appropriate way having regard to
the person’s age,culture,mentalimpairmentorillness,communicationability and any
disability; and(b)inaway,including,forexample,inalanguage,theperson is most likely to understand.(4)Also,adoctororhealthpractitionermayextendorfurtherextend the
examination period to not more than 12 hours afteritstartsifthedoctororhealthpractitionerbelievestheextension is necessary to carry out or
finish an examination ofthe person under section 157F.157FExamination(1)A
doctor or health practitioner may examine a person subjectto
an emergency examination authority to decide the person’streatment and care needs.(2)Also,adoctororauthorisedmentalhealthpractitionermayexaminethepersontodecidewhethertomakearecommendationforassessmentforthepersonundertheMental Health Act 2016.Page 140Current as at
[Not applicable]
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 4A Health
of persons with major disturbance in mental capacity[s
157G](3)An examination may be carried out
using an audiovisual linkifthedoctororhealthpractitionerexaminingthepersonbelieves it is
clinically appropriate.(4)In this
section—audiovisuallinkmeansfacilitiesthatenablereasonablycontemporaneousandcontinuousaudioandvisualcommunication
between persons at different places.authorised
mental health practitionersee theMental
HealthAct 2016, schedule
3.Part 3Return of
persons whoabscond157GApplication of pt 3Thispartappliesifapersonabscondsfromapublicsectorhealth service facility while being detained
under this chapter.157HPerson in charge of facility may
require return of absentperson(1)A
person in charge of a public sector health service facilitymay—(a)authoriseanauthorisedperson,otherthanapoliceofficer, to
transport the person to a public sector healthservice
facility; or(b)ask a police officer to transport the
person to a publicsector health service facility.(2)The authorisation or request
must—(a)be in the approved form; and(b)state the name of the person to be
transported; and(c)state the name of the public sector
health service facilityto which the person is to be
transported; andCurrent as at [Not applicable]Page
141
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 4A Health of persons with major
disturbance in mental capacity[s 157I](d)identifytheriskthepersonpresentstohimselforherself,theauthorisedpersonorpoliceofficer,andothers; and(e)for
a request to a police officer—state the reasons whythe
person in charge considers it necessary for a policeofficer to transport the person.(3)Beforegivingtheauthorisationormakingtherequest,theperson in charge must make reasonable
efforts to contact thepersonandencouragethepersontocomeorreturntothepublic sector health service
facility.(4)Subsection(3)doesnotapplyifthepersoninchargeconsiders there
is a risk that the person may harm himself orherselforothersifthepersoninchargecomplieswiththesubsection.(5)The
person in charge of a public sector health service facilitymaydelegateafunctionorpowerofthepersoninchargeunder this
section to an appropriately qualified health serviceemployee.(6)Forperformingafunctionorexercisingapowerunderthissectioninrelationtoaperson,anauthorisedperson,otherthan a police
officer, is a public official for thePolice
Powersand Responsibilities Act 2000.Note—See also part 5
for applying for a warrant for the apprehension of aperson.157IDuration of authorisation or requestAn
authorisation or request under section 157H to transportthepersonisinforcefor3daysafterthedaythepersonabsconds.157JAuthorised person may transport absent
person(1)This section applies if an authorised
person is authorised totransport a person under section
157H(1)(a).Page 142Current as at
[Not applicable]
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 4A Health
of persons with major disturbance in mental capacity[s
157K](2)The authorised person may transport
the person named in theauthorisation to the public sector
health service facility statedin the
authorisation.(3)Subsection (4) applies if an
authorised person mentioned insection157H(1)(a)asksapoliceofficer,underthePolicePowersandResponsibilitiesAct2000,section16,tohelptransport the
named person.Note—Undersection157H(6),anauthorisedperson,otherthanapoliceofficer, is a
public official for thePolice Powers and
ResponsibilitiesAct 2000. Under section
16 of that Act, a public official may ask apolice officer
to help the public official perform the public official’sfunctions.(4)The
request must—(a)be in the approved form; and(b)state the name of the person to be
transported; and(c)state the name of the public sector
health service facilityto which the person is to be
transported; and(d)identifytheriskthepersonpresentstohimselforherself,theauthorisedpersonorpoliceofficer,andothers; and(e)state the reasons why the authorised person
considers itnecessary to ask the police officer to help
transport theperson.(5)Before transporting the person, the
authorised person must—(a)tellthepersontheauthorisedpersonisdetainingtheperson and transporting the person to the
public sectorhealth service facility stated in the
authorisation; and(b)explain to the person how taking
action under paragraph(a) may affect the person.157KEffect on examination periodForapersontransportedunderanauthorisationorrequestunder section
157H—Current as at [Not applicable]Page
143
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 4A Health of persons with major
disturbance in mental capacity[s 157L](a)despite section 157E(1), the
examination period for theperson starts when the person is
admitted to the serviceorfacilitytowhichthepersonistransportedundersection 157E; and(b)ahealthserviceemployeemustnoteontheperson’semergency
examination authority when the examinationperiod starts
under paragraph (a).Part 4Powers157LUse of force to detain and
transportAn ambulance officer or police officer may
exercise the powerto detain and transport a person under this
chapter with thehelp, and using the force, that is necessary
and reasonable inthe circumstances.157MTransfer to another treatment or care
place(1)This section applies if—(a)a person subject to an emergency
examination authorityis transported to a treatment or care
place that is a publicsector health service facility;
and(b)a doctor or health practitioner
believes it is necessary forthe person to be
transported to another treatment or careplace that is a
public sector health service facility.(2)Anauthorisedpersonmaytransportthepersonundertheemergencyexaminationauthoritytotheothertreatmentorcare
place.Note—A person subject
to an emergency examination authority may only bedetained in a treatment or care place for
the examination period, or theexamination
period as extended under section 157E(4).Page 144Current as at [Not applicable]
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 4A Health
of persons with major disturbance in mental capacity[s
157N]157NUse of reasonable force to detain
person(1)Thissectionappliesif,underanemergencyexaminationauthority, a
person may be detained in a public sector healthservice facility.(2)Thepersoninchargeofthepublicsectorhealthservicefacility,andanyonelawfullyhelpingthepersonincharge,mayexercisethepowertodetainthepersoninthefacilitywiththehelp,andusingtheforce,thatisnecessaryandreasonable in the circumstances.157OExamination of person without consent
and with use ofreasonable force(1)Anexaminationofapersonsubjecttoanemergencyexaminationauthoritymaybemadeunderthischapterwithout the
consent of the person or anyone else.(2)A
person lawfully examining the person, or lawfully helpingto
examine the person, may use the force that is necessary andreasonable in the circumstances to examine,
or help examine,the person.157PReturn after examination or treatment and
care toperson’s requested place(1)This
section applies if—(a)apersonistransportedfromthecommunitytoatreatmentorcareplacethatisapublicsectorhealthservice
facility; and(b)at the end of the examination period,
or the examinationperiodasextendedundersection157E(4),fortheperson,arecommendationforassessmentundertheMental Health Act 2016is
not made for the person.(2)Thepersoninchargeofthepublicsectorhealthservicefacilitymusttakereasonablestepstoensurethepersonisreturned to a place reasonably requested by
the person.Current as at [Not applicable]Page
145
Public
Health Act 2005Chapter 4A Health of persons with major
disturbance in mental capacity[s 157Q]Part
5Warrant for apprehension ofperson to transport personNotauthorised—indicativeonly157QApplication for
warrant for apprehension of person(1)Thissectionappliesifanauthorisedpersonconsidersawarrant for apprehension of a person is
necessary to enable anauthorised person to transport the
person under this chapter toa public sector
health service facility for an examination.(2)The
authorised person may apply to a magistrate for a warrantfor
apprehension of the person.(3)The
authorised person must prepare a written application thatstates the grounds on which the warrant is
sought.(4)The written application must be
sworn.(5)The magistrate may refuse to consider
the application until theauthorised person gives the magistrate
all the information themagistraterequiresabouttheapplicationinthewaythemagistrate requires.Example—Themagistratemayrequireadditionalinformationsupportingtheapplication to be given by statutory
declaration.157RIssue of warrant(1)A
magistrate may issue the warrant for apprehension of theperson if the magistrate is satisfied the
warrant is necessary toenable an authorised person to
transport the person to a publicsector health
service facility for an examination.(2)The
warrant authorises an authorised person—(a)toenterany1ormoreplacestheauthorisedpersonreasonably believes the person is;
and(b)to search the places to find the
person; and(c)toremainintheplacesforaslongastheauthorisedpersonconsidersitreasonablynecessarytofindtheperson; andPage 146Current as at [Not applicable]
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 4A Health
of persons with major disturbance in mental capacity[s
157S](d)to transport the person to a stated
public sector healthservice facility.Note—For
a police officer’s entry and search powers, see thePolice Powersand
Responsibilities Act 2000, section 21. Also, for the use of
force bya police officer, see thePolice Powers and Responsibilities Act
2000,section 615.(3)The
warrant must state—(a)the person to whom the warrant
applies; and(b)thatanauthorisedpersonmay,withnecessaryandreasonable help and force, exercise—(i)thepowersunderthewarrantmentionedinsubsection (2); and(ii)the powers
mentioned in part 4; and(c)the hours of the
day or night when a place mentioned insubsection
(2)(a) may be entered; and(d)the magistrate’s
name; and(e)the day and time of the warrant’s
issue; and(f)theday,within7daysafterthewarrant’sissue,thewarrant ends.(4)An
authorised person may exercise powers under the warrantwith
the help, and using the force, thatis reasonable
inthecircumstances.157SElectronic application(1)An
application under section 157Q may be made by phone,fax,email,radio,videoconferencingoranotherformofelectronic communication if the
authorised person reasonablyconsiders it
necessary because of—(a)urgent
circumstances; or(b)other special circumstances,
including, for example, theauthorised
person’s remote location.(2)The
application—Current as at [Not applicable]Page
147
Public
Health Act 2005Chapter 4A Health of persons with major
disturbance in mental capacity[s 157T](a)may not be made before the authorised
person preparesthe written application under section
157Q(3); but(b)may be made before the written
application is sworn.Notauthorised—indicativeonly157TAdditional procedure if electronic
application(1)For an application made under section
157S, the magistratemayissuethewarrantforapprehensionoftheperson(theoriginal warrant) only if the
magistrate is satisfied—(a)it was necessary
to make the application under section157S; and(b)the way the application was made under
section 157Swas appropriate.(2)After the magistrate issues the original
warrant—(a)if there is a reasonably practicable
way of immediatelygiving a copy of the warrant to the
authorised person,including,forexample,bysendingacopybyfaxoremail, the
magistrate must immediately give a copy ofthe warrant to
the authorised person; or(b)otherwise—(i)the
magistrate must tell the authorised person theinformation
mentioned in section 157R(3); and(ii)theauthorisedpersonmustcompleteaformofwarrant, including by writing on it the
informationmentioned in section 157R(3) told to the
person bythe magistrate.(3)The
copy of the warrant mentioned in subsection (2)(a), or theform
of warrant completed under subsection (2)(b) (in eithercase
theduplicate warrant), is a
duplicate of, and as effectualas, the original
warrant.(4)Theauthorisedpersonmust,atthefirstreasonableopportunity,
send to the magistrate—(a)the written
application complying with section 157Q(3)and (4);
andPage 148Current as at
[Not applicable]
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 4A Health
of persons with major disturbance in mental capacity[s
157U](b)iftheauthorisedpersoncompletedaformofwarrantunder subsection
(2)(b), the completed form of warrant.(5)Themagistratemustkeeptheoriginalwarrantand,onreceiving the documents under subsection
(4)—(a)attach the documents to the original
warrant; and(b)give the original warrant and
documents to the clerk ofthe court of the relevant magistrates
court.(6)Despite subsection (3), if—(a)anissuearisesinaproceedingaboutwhetheranexercise of a power was authorised by a
warrant issuedunder this section; and(b)the
original warrant is not produced in evidence;the onus of
proof is on the person relying on the lawfulness ofthe
exercise of the power to prove a warrant authorised theexercise of the power.(7)In
this section—relevant magistrates court, in
relation to a magistrate, meansthe Magistrates
Court that the magistrate constitutes under theMagistrates Act
1991.157UDefect in
relation to a warrant(1)A warrant for
apprehension of a person is not invalidated by adefect in—(a)the
warrant; or(b)compliance with this part;unlessthedefectaffectsthesubstanceofthewarrantinamaterial particular.(2)In this section—warrant for
apprehensionincludes a duplicate warrant undersection 157T(3).Current as at
[Not applicable]Page 149
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 4A Health of persons with major
disturbance in mental capacity[s 157V]157VWarrants—entry procedure(1)Thissectionappliesifanauthorisedpersonisintendingtoenter a place under a warrant for
apprehension of a person.(2)Before entering
the place, the authorised person must do ormake a
reasonable attempt to do the following things—(a)identifyhimselforherselftoapersonpresentattheplace who is an
occupier of the place;Note—SeealsothePolicePowersandResponsibilitiesAct2000,section 637.(b)give
the person a copy of the warrant or, if the entry isauthorisedbyaduplicatewarrantundersection157T(3), a copy of the duplicate
warrant;(c)tell the person the authorised person
is permitted by thewarrant to enter and search the place to
find the personnamed in the warrant;(d)give
the person an opportunity to allow the authorisedperson immediate entry to the place without
using force.(3)However,theauthorisedpersonneednotcomplywithsubsection(2)iftheauthorisedpersonreasonablybelievesimmediate entry to the place is required to
ensure the effectiveexecution of the warrant is not
frustrated.Part 6Searches of
persons intreatment or care place157WApplication of pt 6This part
applies to a person who is being detained in a publicsectorhealthservicefacilityforanexaminationunderthischapter.Page
150Current as at [Not applicable]
Public Health Act 2005Chapter 4A Health
of persons with major disturbance in mental capacity[s
157X]Notauthorised—indicativeonly157XDefinitions for pt 6In
this part—general search, of a person,
means a search—(a)torevealthecontentsoftheperson’soutergarments,generalclothesorhandluggagewithouttouchingtheperson or the luggage; or(b)in which the person may be required
to—(i)openhisorherhandsormouthforvisualinspection;
or(ii)shake his or her
hair vigorously.harmful thingmeans
anything—(a)that may be used to—(i)threatenthesecurityorgoodorderofapublicsector health service facility; or(ii)threaten a
person’s health or safety; or(b)that, if used by a patient in a public
sector health servicefacility,islikelytoadverselyaffectthepatient’streatment or
care.Examples of harmful things—•a dangerous drug•alcohol•medication•provocative or offensive documentspersonal search, of a person,
means a search in which lightpressure is
momentarily applied to the person over his or hergeneral clothes without direct contact being
made with—(a)the person’s genital or anal areas;
or(b)for a female—the person’s
breasts.scanning search, of a person,
means a search of the person byelectronic or
other means that does not require the person toremove his or
her general clothes or to be touched by anotherperson.Current as at [Not applicable]Page
151
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 4A Health of persons with major
disturbance in mental capacity[s 157Y]Examples of a scanning search—•using a portable electronic apparatus
or another portable apparatusthat can be
passed over the person•using an
electronic apparatus through which the person is requiredto
passsearch requiring the removal of
clothing, of a person, meansa search in
which the person removes all garments during thecourse of the search, but in which direct
contact is not madewith the person.157YPower
to search on belief of possession of harmful thing(1)This section applies if a doctor or
health practitioner believesthe person may
have possession of a harmful thing.(2)The
doctor or health practitioner may—(a)carry out a general search, scanning search
or personalsearch of the person; and(b)if the person in charge of the public
sector health servicefacility gives approval for a search
requiring the removalof clothing—carry out a search
requiring the removal ofclothing; and(c)carry out a search of the person’s
possessions.(3)Thepersoninchargeofthepublicsectorhealthservicefacilitymaygiveapprovalundersubsection(2)(b)iftheperson in charge
believes that a search requiring the removalof clothing is
necessary in the circumstances.(4)Asearchunderthissectionmaybecarriedoutwithouttheperson’s consent.(5)However, before carrying out a search under
this section, thedoctor or health practitioner must tell the
person the reasonsfor the search and how it is to be carried
out.(6)A doctor or health practitioner may
carry out a search underthissectionwiththehelp,andusingtheforce,thatisnecessary and reasonable in the
circumstances.Page 152Current as at
[Not applicable]
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 4A Health
of persons with major disturbance in mental capacity[s
157Z]157ZRequirements for personal
search(1)Apersonauthorisedundersection157Ytocarryoutapersonal search (thesearcher) may do any 1
or more of thefollowing in relation to the person being
searched—(a)remove and inspect an outer garment or
footwear of theperson;(b)removeandinspectallthingsfromthepocketsoftheperson’s clothing;(c)touchtheclothingwornbythepersontotheextentnecessary to detect things in the person’s
possession;(d)remove and inspect any detected
thing.(2)Thesearchermayexerciseapowerundersubsection(1)(c)only
if—(a)the searcher is the same gender as the
person; and(b)thesearchiscarriedoutinapartofabuildingthatensures the
person’s privacy.(3)The searcher must—(a)carry out the search in a way that respects
the person’sdignity to the greatest possible extent;
and(b)causeaslittleinconveniencetothepersonasispracticable in the
circumstances.157ZA Requirements for search requiring the
removal ofclothing(1)Asearchundersection157Yrequiringtheremovalofclothing of a person must be carried out by
at least 2 personsauthorisedtocarryoutthesearch,butbynomorepersonsthan are
reasonably necessary to carry out the search.(2)Each
person carrying out the search (each asearcher)
must beof the same gender as the person being
searched.(3)Before carrying out the search, 1 of
the searchers must tell theperson—Current as at [Not applicable]Page
153
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 4A Health of persons with major
disturbance in mental capacity[s 157ZB](a)that the person will be required to
remove the person’sclothing during the search; and(b)why it is necessary to remove the
clothing.(4)The searcher must—(a)ensure the search is carried out in a part
of a buildingthat ensures the person’s privacy;
and(b)ensure, to the extent practicable,
that the way in whichthe person is searched causes minimal
embarrassment tothe person; and(c)take
reasonable care to protect the person’s dignity; and(d)carryoutthesearchasquicklyasreasonablypracticable;
and(e)allowthepersontodressassoonasthesearchisfinished.(5)The
searcher must, if reasonably practicable, give the persontheopportunitytoremainpartlyclothedduringthesearch,including, for
example, by allowing the person to dress his orher upper body
before being required to remove clothing fromthe lower part
of the body.(6)Ifthesearcherseizesclothingbecauseofthesearch,thesearchermustensurethepersonisleftwith,orgiven,reasonably
appropriate clothing.157ZB Requirements for search of
possessions(1)A person authorised under section 157Y
to carry out a searchof a person’s possessions (thesearcher) may—(a)open or inspect a thing in the
person’s possession; and(b)remove and
inspect any detected thing.(2)However, the searcher may exercise a power
to inspect a thingunder subsection (1) only if the person is
present or has beengiven the opportunity to be present.(3)Subsection(2)doesnotapplyifthepersonobstructsthesearcher in the exercise of the
searcher’s powers.Page 154Current as at
[Not applicable]
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 4A Health
of persons with major disturbance in mental capacity[s
157ZC]157ZC Record of search must be made(1)This section applies if—(a)a search requiring the removal of
clothing is carried outunder section 157Y; or(b)apersonseizesanythingfoundduringasearchundersection 157Y.(2)Assoonaspracticableaftercarryingoutthesearch,theperson who carried out the search must make
a written recordof the following details of the
search—(a)the reasons for the search;(b)the names of the persons present
during the search;(c)how the search was carried out;(d)detailsofanythingseized,includingthereasonsforseizing.157ZD Seizure of
harmful thing(1)A person authorised under section 157Y
to carry out a search(thesearcher)mayseizeanythingfoundduringthesearchthat the
searcher reasonably suspects is—(a)connectedwith,orisevidenceof,thecommissionorintended commission of an offence against an
Act; or(b)a harmful thing.(2)If
the searcher believes a seized thing is connected with, or
isevidenceof,thecommissionorintendedcommissionofanoffenceagainstanAct,thesearchermustgiveittoanauthorised
inspector for the Act.(3)The seizure
provisions of the Act mentioned in subsection (2)apply to the thing as if the searcher had
seized it under theprovisions of the Act that relate to the
offence.(4)If the authorised inspector is not
reasonably satisfied the thingis evidence of
the commission or intended commission of anoffence against
the Act, the authorised inspector must return itto
the searcher who must deal with it under this section.Current as at [Not applicable]Page
155
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 4A Health of persons with major
disturbance in mental capacity[s 157ZE](5)If the searcher believes a thing
seized from a person, or a thingreturned under
subsection (4), is a harmful thing, the searchermust—(a)keep
it for the person and give it to the person on theperson’s discharge from the public sector
health servicefacility; or(b)give
it to someone else if the person is able to give, andhas
given, agreement to do so; or(c)ifthesearcherissatisfiedsomeoneelseisentitledtopossession of the thing—give or send it to
the person; or(d)ifthesearcherissatisfieditisofnegligiblevalue—disposeofitinthewaythepersoninchargeofthepublic sector health service facility
believes appropriate.(6)Regard must be
had to a thing’s nature, condition and value indeciding—(a)whether it is reasonable to make
inquiries or efforts; and(b)if making
inquiries or efforts—what inquiries or efforts,includingtheperiodoverwhichtheyaremade,arereasonable.(7)In
this section—authorisedinspector,foranAct,meansapersonwhoisauthorisedundertheActtoperforminspectionandenforcement functions.seizure
provisions, of an Act, means the provisions of the
Actrelating to the access to, and retention,
disposal and forfeitureof, a thing after its seizure under
the Act.157ZE Receipt for seized thing(1)A person authorised under section 157Y
to carry out a searchmust give a receipt for a thing seized
to the person from whomit was seized.(2)The
receipt must describe generally the thing seized and itscondition.Page 156Current as at [Not applicable]
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 5 Child
health[s 157ZF]157ZF Access to
seized thing(1)This section applies to a thing seized
on a search under section157Y.(2)Untilthethingisforfeitedorreturnedunderthispart,thesearchermustallowitsownertoinspectitand,ifitisadocument, to copy it.(3)Subsection (1) does not apply if it is
impracticable or wouldbe unreasonable to allow the
inspection or copying.Part 7Miscellaneous157ZG Relationship
with Guardianship and Administration Act2000This
chapter does not affect the operation of theGuardianshipandAdministrationAct2000,section63inrelationtoproviding urgent health care under that Act
to a person.Chapter 5Child
healthPart 1Definitions158Definitions for ch 5In this
chapter—approved providermeans—(a)for education and care provided under
the Education andCareServiceNationalLaw(Queensland)—seetheEducationandCareServicesNationalLaw(Queensland), section 5(1); orCurrent as at [Not applicable]Page
157
Public
Health Act 2005Chapter 5 Child health[s 158]Notauthorised—indicativeonlyPage 158(b)forregulatededucationandcareprovidedundertheEducationandCareServicesAct2013—seetheEducation and Care Services Act
2013, schedule 1.AustralianImmunisationHandbook,forpart2,division1AA, see section
160Acareandtreatmentordermeansanorderbyadesignatedmedical officer
under section 197.chief executive (child safety)means the chief executive of thedepartmentinwhichtheChildProtectionAct1999isadministered.contagious
conditionmeans a contagious medical conditionprescribed under a regulation as a
contagious condition.designated medical officermeans a doctor appointed as, orwho
is, a designated medical officer under section 188.education and care servicemeans an approved education andcare
service under the Education and Care Services NationalLaw
(Queensland).educator—(a)for education and care provided under
the Education andCareServicesNationalLaw(Queensland)—meansaneducator under that Law; or(b)forregulatededucationandcareprovidedundertheEducationandCareServicesAct2013—meansaneducator under that Act.familydaycareco-ordinatorseetheEducationandCareServices
National Law (Queensland), section 5(1).family day care
servicemeans an approved family day careservice under the Education and Care
Services National Law(Queensland).harm, to
a child, means any detrimental effect on the child’sphysical, psychological or emotional
wellbeing—(a)that is of a significant nature;
and(b)that has been caused by—Current as at [Not applicable]
Public Health Act 2005Chapter 5 Child
health[s 158]Notauthorised—indicativeonly(i)physical,psychologicaloremotionalabuseorneglect; or(ii)sexual abuse or exploitation.health service facilitymeans—(a)a public sector health service
facility within the meaningof theHospital and Health Boards Act 2011;
or(b)a private health facility; or(c)Mater Misericordiae Public
Hospitals.immunisation history statement,
for part 2, division 1AA, seesection
160A.immunisation status “up to date”,
for part 2, division 1AA,see section 160A.parent, of
a child, see section 159.person in charge—(a)for a school, means the principal of
the school; or(b)for an education and care service,
means—(i)foraneducationandcareserviceotherthanafamily day care service—an individual
mentionedin the Education and Care Services National
Law(Queensland),section
162(1)(a)to(c)who,inaccordancewiththatsection,ispresentattheservice; or(ii)for
a family day care service—the family day careco-ordinator for
the service; or(c)for a QEC approved service,
means—(i)the approved provider; or(ii)a supervisor who
is present at the service.prescribed period, for a
contagious condition, see section 160.professional, for part 3,
means a doctor or registered nurse.QEC approved
servicesee theEducation and
Care ServicesAct 2013, schedule
1.Current as at [Not applicable]Page
159
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 5 Child health[s 159]recognisedvaccinationprovider,forpart2,division1AA,see
section 160A.schoolmeans a State
school or non-State school within themeaning of
theEducation (General Provisions) Act
2006.teachermeansanapprovedteacherundertheEducation(QueenslandCollegeofTeachers)Act2005,butdoesnotinclude the principal of a school.vaccinated,inrelationtoavaccinepreventablecondition,means vaccinated
in the way prescribed under a regulation.vaccine
preventable conditionmeans a contagious condition,oranothermedicalcondition,thatisprescribedunderaregulation as a vaccine preventable
condition.159Who is aparent(1)For part 2, aparentof a
child is—(a)thechild’smother,fatherorsomeoneelsehavingorexercising parental responsibility for the
child; or(b)for a child who is in the custody or
guardianship of thechief executive (child safety) under
theChild ProtectionAct 1999,
the chief executive (child safety).(2)For
part 3, aparentof a child is
the child’s mother, father orsomeoneelse,otherthanthechiefexecutive(childsafety),having or exercising parental responsibility
for the child.(3)In this chapter generally, the
following apply—(a)a parent of an Aboriginal child
includes a person who,under Aboriginal tradition, is
regarded as a parent of thechild;(b)aparentofaTorresStraitIslanderchildincludesaperson who, under Island custom, is
regarded as a parentof the child;(c)a
reference in this part to the parents of a child or to 1 ofthe
parents of a child is, if the child has only 1 parent, areference to the parent.Page 160Current as at [Not applicable]
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 5 Child
health[s 160]160What
is aprescribed periodfor a contagious
condition(1)Aprescribedperiod,foracontagiouscondition,meanstheperiod prescribed under subsection (2)
or (3) as the prescribedperiod relating to the
condition.(2)For a contagious condition that is not
a vaccine preventablecondition, a single prescribed period
may be prescribed undera regulation for a child suspected
under this chapter of havingthe
condition.(3)Foravaccinepreventablecondition,differentprescribedperiodsmaybeprescribedunderaregulationforthefollowing—(a)achildsuspectedunderthischapterofhavingthecondition;(b)achildwhodoesnothavetheconditionbutwhoissuspected under
this chapter of—(i)not having been vaccinated for the
condition; and(ii)beingatriskofcontractingtheconditionifthechild continues to attend a school,
education andcare service or QEC approved service.Part
2Contagious conditionsDivision
1AAExclusion of unvaccinated childrenfrom
particular services160ADefinitions for div 1AAIn
this division—AustralianImmunisationHandbookmeanstheAustralianImmunisationHandbookapprovedasguidelinesundertheNationalHealthandMedicalResearchCouncilAct1992(Cwlth), section
14A.immunisation history statementmeans—Current as at
[Not applicable]Page 161
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 5 Child health[s 160B](a)animmunisationhistorystatementasrecordedontheACIregisterasdefinedundertheAustralianImmunisation
Register Act 2015(Cwlth), section 4; or(b)a
statement about a child’s immunisation history givenby a
recognised vaccination provider.immunisationstatus“uptodate”,forachild,meansthechild, for each vaccine preventable
condition—(a)isageappropriatelyimmunisedfortheconditioninaccordancewiththerecommendationsstatedintheAustralian
Immunisation Handbook; or(b)isfollowinganapprovedimmunisationcatch-upschedulefortheconditiondevelopedbyarecognisedvaccination
provider in accordance with the AustralianImmunisation
Handbook; or(c)has an exemption for a vaccine for the
condition givenbyarecognisedvaccinationproviderbecauseofamedical contraindication to
vaccination.recognisedvaccinationprovider,seetheAustralianImmunisation
Register Act 2015(Cwlth), section 4.160BWhen
person in charge may exclude child not yetenrolled(1)A person in charge of an education and
care service or QECapprovedservicemayinthecircumstancesmentionedinsubsection (2) do any of the
following—(a)refuse to enrol a child at the
service;(b)refusetoallowachildtoattendtheserviceuntilanimmunisation history statement stating
that the child hasthe immunisation status “up to date” is
given to a personin charge of the service;(c)impose a condition on a child’s
enrolment or attendanceattheserviceuntilanimmunisationhistorystatementstating that the
child has the immunisation status “up todate” is given
to a person in charge of the service.Page 162Current as at [Not applicable]
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 5 Child
health[s 160C](2)The
circumstances are—(a)apersoninchargeoftheservicerequestsaparentintending to
enrol the child at the service to give to thepersonincharge,withinareasonableperiodaftertherequestismade,animmunisationhistorystatementstating that the
child has the immunisation status “up todate”;
and(b)on making the request, the person in
charge advises theparentthatthepersoninchargemaytakeanyoftheactionsmentionedinsubsection(1)iftheparentdoesnot comply with
the request; and(c)a parent of the child either—(i)refuses to comply with the request;
or(ii)doesnotcomplywiththerequestwithinareasonable period after the request is
made.(3)Arequestundersubsection(2)(a)maybemadeinaformgiven to the parent for the purpose of
applying to enrol thechild at the service.(4)A condition imposed under subsection
(1)(c)—(a)must be relevant to the immunisation
status of the child;and(b)maybeaconditionthatthechild’senrolmentattheservice will be
cancelled if a parent of the child does notgive a person in
charge of the service an immunisationhistorystatementstatingthatthechildhastheimmunisation status “up to
date”.160CWhen person in charge may exclude
enrolled child(1)A person in charge of an education and
care service or QECapprovedservicemayinthecircumstancesmentionedinsubsection (2) do any of the
following—(a)cancel a child’s enrolment at the
service;Current as at [Not applicable]Page
163
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 5 Child health[s 160C](b)refuse to allow a child enrolled at
the service to attendtheserviceuntilanimmunisationhistorystatementstating that the
child has the immunisation status “up todate” is given
to a person in charge of the service;(c)impose a condition on a child’s enrolment or
attendanceattheserviceuntilanimmunisationhistorystatementstating that the
child has the immunisation status “up todate” is given
to a person in charge of the service.(2)The
circumstances are—(a)a person in charge of the service
requests a parent of thechildtogivetothepersonincharge,withinastatedperiod of at
least 4 weeks after the request is made, animmunisation
history statement stating that the child hasthe immunisation
status “up to date”; and(b)the request is
made after the child has reached the agestated in the
National Immunisation Program ScheduleQueensland,foravaccinepreventablecondition,atwhichitisrecommendedthechildbeimmunisedorfurther immunised against the condition;
and(c)on making the request, the person in
charge advises theparentthatthepersoninchargemaytakeanyoftheactionsmentionedinsubsection(1)iftheparentdoesnot comply with
the request; and(d)a parent of the child does not comply
with the requestwithin the stated period for the
request.(3)A condition imposed under subsection
(1)(c) must be relevantto the immunisation status of the
child.(4)In this section—NationalImmunisationProgramScheduleQueenslandmeansthescheduleforageappropriateimmunisationforvaccinepreventableconditionsrecommendedbythedepartment and published on the
department’s website.Page 164Current as at
[Not applicable]
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 5 Child
health[s 160D]160DImmunisation status of children allowed to
attend withoutstatement(1)This
section applies if a person in charge of an education andcare
service or QEC approved service decides—(a)to
enrol a child despite not being given, under section160B, an immunisation history statement
stating that thechild has the immunisation status “up to
date”; or(b)to allow a child to attend the service
despite not beinggiven,undersection160Bor160C,animmunisationhistorystatementstatingthatthechildhastheimmunisation status “up to
date”.(2)Foreachprovisionofthispart,untilthedayonwhichanimmunisation history statement stating
that the child has theimmunisation status “up to date” is
given to a person in chargeof the service,
the child is taken not to be vaccinated.Division 1Directions about attendance ofchildren at a school, education andcare
service or QEC approvedservice161When
parent must not send a child to school, educationand
care service or QEC approved service(1)This
section applies if—(a)aparentknowsoroughtreasonablytoknowthattheparent’s child has, or may have, a
contagious condition;or(b)apersoninchargeofaschool,educationandcareservice or QEC
approved service has directed the parentto remove the
child from, and not to send the child to,the school or
service during the prescribed period for thecondition, under
section 164, 166 or 169.Current as at [Not applicable]Page
165
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 5 Child health[s 162](2)The parent must not send the child to
any school, educationandcareserviceorQECapprovedserviceduringtheprescribed period for the condition.162When teacher or educator must advise
person in charge(1)This section applies if a person who
is a teacher or educatorreasonablysuspectsachildattendingtheperson’sschool,education and care service or QEC approved
service has, ormay have, a contagious condition.(2)Thepersonmustadvisethepersoninchargeabouttheperson’s suspicion.163Person in charge may advise parent
about suspicion ofcontagious condition(1)Thissectionappliesifapersoninchargeofaschool,educationandcareserviceorQECapprovedservicereasonably
suspects—(a)that a child attending the school or
service has, or mayhave, a contagious condition; and(b)that other children attending the
school or service maybe at risk of contracting the
contagious condition.(2)Thepersoninchargemayadviseatleast1ofthechild’sparents—(a)of
the suspicion of the person in charge; and(b)oftheparent’sobligationundersection 161(1)(a)and(2)nottosendthechildtotheschool,educationandcare service or QEC approved
service.164Person in charge may direct parent not
to send child toschool, education and care service or QEC
approvedservice(1)This
section applies if—Page 166Current as at
[Not applicable]
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 5 Child
health[s 165](a)apersoninchargeofaschool,educationandcareservice or QEC
approved service has advised a parentunder section
163(2) about the parent’s child; and(b)the
child continues to attend the school or service or theparent tells the person in charge that the
parent’s childwill continue to attend the school or
service; and(c)the person in charge reasonably
suspects that the childstill has, or may have, the contagious
condition and thatother children attending the school or
service may be atrisk of contracting the condition if the
child continues toattend the school or service.(2)The person in charge may direct the
parent—(a)to remove the child from the school,
education and careservice or QEC approved service as soon as
reasonablypracticable; and(b)not
to send the child to the school or service during theprescribed period for the condition applying
to the child.(3)However,thepersoninchargemustconsultadoctororanotherpersonauthorisedbythe
chiefexecutiveforadvicebefore taking
action under subsection (2).165Person in charge may advise parent of child
notvaccinated about suspicion of vaccine
preventablecondition(1)Thissectionappliesifthepersoninchargeofaschool,educationandcareserviceorQECapprovedservicereasonablysuspectsthatachildattendingtheschoolorservice—(a)hasnotbeenvaccinatedforavaccinepreventablecondition;
and(b)may be at risk of contracting the
condition if the childcontinues to attend the school or
service.(2)Thepersoninchargemayadviseatleast1ofthechild’sparents of the suspicion.Current as at [Not applicable]Page
167
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 5 Child health[s 166]166Person in charge may direct parent not
to send child toschool, education and care service or QEC
approvedservice(1)This
section applies if—(a)apersoninchargeofaschool,educationandcareservice or QEC
approved service has advised a parentunder section
165(2) about the parent’s child; and(b)the
child continues to attend the school or service or theparent tells the person in charge that the
parent’s childwill continue to attend the school or
service; and(c)the person in charge reasonably
suspects that the childwill be at risk of contracting the
contagious condition ifthe child continues to attend the
school or service.(2)The person in charge may direct the
parent—(a)to remove the child from the school,
education and careservice or QEC approved service as soon as
reasonablypracticable; and(b)not
to send the child to the school or service during theprescribed period for the condition applying
to the child.(3)However,thepersoninchargemustconsultadoctororanotherpersonauthorisedbythe
chiefexecutiveforadvicebefore taking
action under subsection (2).167Chief
executive may authorise examination of children atschool, education and care service or QEC
approvedservice(1)This
section applies if the chief executive—(a)reasonablysuspectsthatsomeorallofthechildrenattending a
school, education and care service or QECapprovedserviceshouldbeexaminedbyadoctorbecause a child
attending the school or service has, ormay have, a
contagious condition; and(b)hasconsultedthepersoninchargeoftheschoolorservice about the examinations.Page
168Current as at [Not applicable]
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 5 Child
health[s 168](2)The
chief executive may arrange for a doctor to examine someor
all of the children attending the school or service to
decidewhether the children have, or may have, the
condition.(3)Before the examinations take place the
chief executive mustgive the person in charge of the
school or service notice of thefollowing—(a)the
date and time of the examinations;(b)the
contagious condition for which examinations are tobe
conducted;(c)the children, or class of children, to
be examined;(d)thenameandcontactdetailsofthedoctorwhoistoconduct the examinations.(4)However, a child must not be examined
without the consent ofa parent of the child.168Chief executive must advise parent
about examinationIfachildistobeexaminedundersection 167,thechiefexecutive must
advise at least 1 of the child’s parents of thefollowing—(a)the
date and time of the examination;(b)the
contagious condition for which the examination is tobe
conducted;(c)thenameandcontactdetailsofthedoctorwhoistoconduct the examination;(d)that
the child’s parents may be present when the child isexamined;(e)that
the examination may not be conducted without theconsent of the parent;(f)thattheparentmay,onorbeforethedateoftheexamination—(i)havethechildexaminedbyanotherdoctortodecidewhetherthechildhas,ormayhave,thecondition; andCurrent as at
[Not applicable]Page 169
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 5 Child health[s 169](ii)give the person
in charge a certificate by the otherdoctor stating
whether or not the child has or mayhave the
condition and, if the child has or may havethe condition,
whether the prescribed period for thecondition has
ended;(g)thattheparentmaybedirectedtoremovethechildfrom, and not to
send the child to, the school or serviceif—(i)the child has not been
examined—(A)bythedoctorarrangedbythechiefexecutive; or(B)by
another doctor chosen by the parent and acertificate
provided under paragraph (f); or(ii)an
examination reveals the child has, or may have,the
condition.169Chief executive may direct person in
charge in relation tochild(1)This
section applies if—(a)adoctorwhoexaminesachildundersection 167attending a
school, education and care service or QECapproved service
advises the chief executive that—(i)the
child has, or may have, a contagious condition;and(ii)theprescribedperiodfortheconditionhasnotended; or(b)a parent of a child has been advised
under section 168but the child has not been examined—(i)by the doctor arranged by the chief
executive; or(ii)byanotherdoctorchosenbytheparentandacertificate provided by that doctor
stating that thechild does not have the contagious condition
or theprescribed period for the condition has
ended; orPage 170Current as at
[Not applicable]
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 5 Child
health[s 170](c)thechiefexecutivereasonablysuspectsthatachildattending a
school, education and care service or QECapprovedservicehas,ormayhave,acontagiouscondition and
the prescribed period for the condition hasnot ended;
or(d)thechiefexecutivereasonablysuspectsthatachildattending a
school, education and care service or QECapproved
service—(i)has not been vaccinated for a vaccine
preventablecondition; and(ii)willbeatriskofcontractingtheconditionifthechild continues to attend the school
or service.(2)Thechiefexecutivemaydirectthepersoninchargeoftheschool, education and care service or
QEC approved serviceto direct the parent of the child to
remove the child from, andnottosendthechildto,theschoolorservicefortheprescribed period for the
condition.(3)Ifdirectedbythechiefexecutiveundersubsection (2),theperson in charge of the school, education
and care service orQEC approved service must comply with the
direction, unlessthe person in charge has a reasonable
excuse.Maximum penalty—50 penalty units.(4)A direction by the chief executive
under subsection (2)—(a)must be given in
writing, if practicable; and(b)mustincludetheinformationmentionedinsection 170(2).(5)If
it is not practicable to give the direction in writing, the
chiefexecutive may give the direction orally but
must confirm it inwriting as soon as practicable
thereafter.170Person in charge must include
information in direction(1)Thissectionappliesifapersoninchargeofaschool,education and
care service or QEC approved service—Current as at
[Not applicable]Page 171
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 5 Child health[s 171](a)decides to direct a parent under
section 164 or 166; or(b)must direct a
parent because of a direction by the chiefexecutive under
section 169.(2)The person in charge must include the
following informationin the direction—(a)thesuspectedcontagiousconditionthatledtothedirection;(b)the
prescribed period for the condition;(c)the
circumstances in which the child concerned may bereadmitted to the school or service.171When person in charge may readmit
child beforeprescribed period ends(1)Subsection (2)appliesifachildisnotattendingaschool,education and
care service or QEC approved service becauseofadirectionbythepersoninchargeundersection 164or166.(2)The
person in charge of the school, education and care serviceor
QEC approved service may readmit the child to the schoolor
service if—(a)for a child mentioned in section 164,
a certificate signedby a doctor is produced to the person
in charge stating—(i)that the child does not have the
condition; or(ii)thattheprescribedperiodfortheconditionhasended; or(b)forachildmentionedinsection 166,thepersonincharge is satisfied on reasonable grounds
that the childnolongercontinuestobeatriskofcontractingthecontagious condition.(3)Subsection (4)appliesifachildisnotattendingaschool,education and
care service or QEC approved service becauseof a direction
by the person in charge after a direction of thechief executive under section 169.Page
172Current as at [Not applicable]
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 5 Child
health[s 172](4)The
person in charge of the school or service may readmit thechild only if directed to do so by the chief
executive.(5)The chief executive may give the
direction if—(a)for a child suspected of having a
contagious condition,the chief executive is satisfied a
certificate signed by adoctor has been given to the person in
charge stating—(i)that the child does not have the
condition; or(ii)thattheprescribedperiodfortheconditionhasended; or(b)forachildmentionedinsection 169(2)(b),thechiefexecutiveissatisfiedonreasonablegroundsthatthechild no longer continues to be at risk of
contracting thecontagious condition.Division 2Information sharing172Chief
executive may require details if child suspected ofhaving a contagious condition(1)Thissectionappliesifthechiefexecutivereasonablysuspects—(a)that a child (thefirst
child) attending a school, educationand
care service or QEC approved service has, or mayhave, a contagious condition; and(b)that other children attending the
school or service maybe at risk of contracting the
contagious condition.(2)Thechiefexecutivemayrequireapersoninchargeoftheschool, education and care service or
QEC approved serviceto give the chief executive, to the
extent it is available to theperson in
charge—(a)information about the contact the
first child has had withother children attending the school or
service; and(b)thefollowinginformationforthefirstchildandeachother child with
whom the first child has had contact—Current as at
[Not applicable]Page 173
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 5 Child health[s 173](i)the child’s full name;(ii)the child’s
place and date of birth;(iii)the child’s
residential address;(iv)contact details
for at least 1 of the child’s parents;(v)if
the contagious condition is a vaccine preventablecondition,whetherthechildhasbeenvaccinatedfor the
condition.(3)The person in charge of a school,
education and care serviceor QEC approved service must comply
with a requirement ofthe chief executive under subsection
(2).Maximum penalty—50 penalty units.(4)This section applies despite any other
provision of this Act orany provision of another law that
deals with confidentiality,including, for
example, theEducation and Care Services Act2013, section 130
and theEducation (General Provisions) Act2006, section
426.173Giving health information held by a
health agency(1)Subsection (2)appliesifthechiefexecutive,apersoninchargeofaschool,educationandcareserviceorQECapprovedservice,oranotherpersoninvolvedintheadministration of this part asks for
health information held bya health agency to be provided to the
chief executive, personin charge or other person.(2)A person asked to provide health
information held by a healthagency under
subsection (1) may give the information if thegiving of the
information is necessary for the administrationof this
part.(3)Subsection (4)appliesifapersoninchargeofaschool,education and
care service or QEC approved service asks forinformationheldbyahealthagencyaboutwhetherachildattendingaschool,educationandcareserviceorQECapprovedservicehasbeenvaccinatedforavaccinepreventable
condition.Page 174Current as at
[Not applicable]
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 5 Child
health[s 174](4)Thechiefexecutivemustprovidetheinformationtotheperson in charge if the chief
executive is satisfied that—(a)a
child attending the school or service is suspected ofbeingatriskofcontractingthevaccinepreventablecondition if the
child continues to attend the school orservice;
and(b)theinformationaboutthechildisnecessarytoenablethe person in
charge to act under section 165 or 166.(5)This
section applies despite any other provision of this Act orany
provision of another law that deals with confidentiality,including, for example, theHospital and Health Boards Act2011, section
142.Division 3Confidentiality
of information andprotection for persons174Definitions for div 3In this
division—confidential informationmeans
information that has becomeknown to a
relevant person in the course of performing therelevant
person’s functions under this part.informationincludes a
document.relevant personmeans the
following—(a)a person who is, or was, the chief
executive;(b)a person who is, or was, involved in
the administrationorenforcementofthispart,including,forexample,ahealth service employee or a public service
employee.175Confidentiality of information(1)Arelevantpersonmustnot,whetherdirectlyorindirectly,disclose
confidential information.Maximum penalty—50 penalty
units.Current as at [Not applicable]Page
175
Public
Health Act 2005Chapter 5 Child health[s 176](2)TheHospital and
Health Boards Act 2011, section 142, doesnotapplytoarelevantpersoninrelationtoconfidentialinformation.Notauthorised—indicativeonly176Disclosure under
an Act or another lawSection 175(1)doesnotapplyifthedisclosureoftheconfidentialinformationbyarelevantpersonisauthorisedunder an Act or
another law.177Disclosure under Act or with written
consent etc.Section 175(1) does not apply if the
confidential informationis disclosed by a relevant
person—(a)in the performance of functions under
this Act; or(b)if the information relates to a person
who is an adult,with the written consent of the person;
or(c)if the information relates to a person
who is a child, withthe written consent of a parent of the
child; or(d)tothepersontowhomtheinformationrelates,iftheperson is an
adult; or(e)to a parent of a child to whom the
information relates; or(f)in a form that
could not identify any person.178Disclosure to a person to help prevent or
minimisetransmission of a contagious
conditionSection 175(1)doesnotapplyifthedisclosureoftheconfidential information by a relevant
person is to a person toenablethepersontohelppreventorminimisethetransmission of a contagious
condition.179Protection for persons acting under pt
2(1)Thissectionappliesifaperson,actinghonestly,givesinformation or does something else under
this part including,Page 176Current as at
[Not applicable]
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 5 Child
health[s 179]forexample,directingaparenttoremoveachildfromaschool, education and care service or
QEC approved service.(1A)This section
also applies if a person in charge of an educationandcareserviceorQECapprovedservice,actinghonestly,does either of
the following things—(a)exercises a
power under section 160B or 160C;(b)decides to enrol a child at, or allow a
child to attend, theserviceinthecircumstancesmentionedinsection160D(1).(2)Thepersonisnotliable,civilly,criminallyorunderanadministrative process, for doing the
thing.(3)Without limiting subsection (2), if
the thing involves givinginformation—(a)in a
proceeding for defamation the person has a defenceof
absolute privilege for publishing the information; and(b)if the person would otherwise be
required to maintainconfidentialityabouttheinformationgivenunderanAct,
oath, rule of law or practice, the person—(i)does
not contravene the Act, oath, rule of law orpractice by
giving the information; and(ii)isnotliabletodisciplinaryactionforgivingtheinformation.(4)Also,merelybecausethepersongivestheinformation,theperson can not be held to have—(a)breached any code of professional
etiquette or ethics; or(b)departedfromacceptedstandardsofprofessionalconduct.(5)This section does not limit sections
175 to 178.Current as at [Not applicable]Page
177
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 5 Child health[s 180]Division 4Other action to
control contagiousconditions180Directions to person in charge of school,
education andcare service or QEC approved service(1)The chief executive may give a
direction under subsection (3)to the person in
charge of a school, education and care serviceorQECapprovedserviceifthechiefexecutiveissatisfiedthere is an
outbreak of a contagious condition—(a)at
the school or service; or(b)in the community
and there is a risk of children and staffat the school or
service contracting the condition.(2)However, the chief executive must not give a
direction withoutfirstconsultingwiththepersoninchargeoftheschoolorservice and with—(a)for
a direction to be given to the person in charge of aschool—thechiefexecutiveofthedepartmentthatadministerstheEducation(GeneralProvisions)Act2006andtheEducation(AccreditationofNon-StateSchools) Act
2017; or(b)for
a direction to be given to the person in charge of aneducation and care service—the chief
executive of thedepartmentthatadministerstheEducationandCareServices
National Law (Queensland); or(c)for
a direction to be given to the person in charge of aQECapprovedservice—thechiefexecutiveofthedepartmentthatadministerstheEducationandCareServices Act
2013.(3)A direction must
be in writing and state ways of minimisingtheriskofcontractingthecontagiousconditionbychildrenand staff at the
school or service including, for example, by—(a)preventing the sharing of eating utensils,
drinking cups,bed linen and clothing; orPage
178Current as at [Not applicable]
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 5 Child
health[s 181](b)requiring that eating utensils, drinking
cups, bed linen,toys or other equipment be disinfected;
or(c)requiringthatstatedproceduresforcleaninganddisinfecting be followed; or(d)requiringthepersoninchargetogiveinformationtostaff, children or parents about the
contagious conditionincluding about the way it may be
treated and measuresto prevent its spread.(4)The person in charge of the school or
service must complywith a direction by the chief
executive.Maximum penalty for subsection (4)—50
penalty units.181Temporary closure of school, education
and care serviceor QEC approved service(1)The
Minister may, by notice given to the person in charge of aschool, education and care service or QEC
approved service,order the closure of the school or service
for a period of notmore than 1 month if the Minister is
satisfied—(a)there is an outbreak of a contagious
condition—(i)at the school or service; or(ii)in the community
and there is a significant risk ofchildrenandstaffattheschoolorservicecontracting the
condition; and(b)methods of controlling the outbreak
will not be effectivewithout the temporary closure of the
school or service.(2)However,theMinistermustnotcloseaschoolorservicewithout first
consulting—(a)iftheclosurerelatestoaschool—theMinisterwhoadministerstheEducation(GeneralProvisions)Act2006andtheEducation(AccreditationofNon-StateSchools) Act
2017; or(b)if
the closure relates to an education and care service—theMinisterwhoadministerstheEducationandCareServices
National Law (Queensland); orCurrent as at
[Not applicable]Page 179
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 5 Child health[s 182](c)iftheclosurerelatestoaQECapprovedservice—theMinisterwhoadministerstheEducationandCareServices Act
2013.(3)The person in
charge of the school or service must complywith the
Minister’s order.Maximum penalty for subsection (3)—100
penalty units.Division 5Review of order
to close school,education and care service or QECapproved service182Review of Minister’s order to close school,
education andcare service or QEC approved serviceA
person ordered by the Minister to close a school, educationandcareserviceorQECapprovedservicemayapply,asprovided under the QCAT Act, to QCAT for a
review of theorder.Division 6Approved provider must ensureperson complies with this part184AApproved provider must ensure person
in chargecomplies with pt 2(1)AnapprovedproviderofaneducationandcareserviceorQEC approved service must ensure that
the person in chargeof the service complies with this
part.(2)If a person in charge of the education
and care service or QECapproved service commits an offence
against a provision ofthispart,theapprovedprovideralsocommitsanoffence,namely,theoffenceoffailingtoensurethatthepersonincharge complies with the provision.Maximum penalty—Page 180Current as at [Not applicable]
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 5 Child
health[s 185](a)iftheapprovedproviderisanindividual—thepenaltyfor
the contravention of the provision by the person incharge; or(b)iftheapprovedproviderisacorporation—apenaltyequalto5timestheamountofthepenaltyunderparagraph (a).(3)Evidence that the person in charge has been
convicted of anoffenceagainstaprovisionofthispartisevidencethattheapproved provider committed the
offence of failing to ensurethat the person
in charge complies with the provision.(4)However, it is a defence for a approved
provider to prove theapprovedproviderexercisedreasonablediligencetoensurethe person in
charge complied with the provision.Part 3Child abuse and neglectDivision 1Principles under which part 3 to beadministered185Guiding principles for pt 3(1)Thispartistobeadministeredundertheprinciplethatthewelfare and best interests of a child
are paramount.(2)Subject to subsection (1), this part
is to be administered underthe following
principles—(a)every child has a right to protection
from harm;(b)families have the primary
responsibility for the physical,psychologicalandemotionalwellbeingoftheirchildren;(c)thepreferredwayofensuringachild’swellbeingisthrough the support of the child’s
family;(d)powers conferred under this part
should be exercised ina way that is open, fair and respects
the rights of peopleCurrent as at [Not applicable]Page
181
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 5 Child health[s 186]affected by their exercise, and, in
particular, in a waythat ensures—(i)theviewsofachildandthechild’sfamilyareconsidered; and(ii)a
child and the child’s parents have the opportunitytotakepartinmakingdecisionsaffectingthewellbeing of the child;(e)a
child should be kept informed of matters affecting himorherinawayandtoanextentthatisappropriate,havingregardtothechild’sageandabilitytounderstand.Division 2Relationship with Child ProtectionAct
1999186Relationship with Child Protection Act
1999(1)If there is in force, for a child,
both an order under theChildProtectionAct1999andacareandtreatmentorderoranextension of the
care and treatment order, the order under theChildProtectionAct1999prevailstotheextentofanyinconsistency.(2)TheChildProtectionAct1999imposesanobligationonprofessionals about reporting suspected
child harm caused byphysical or sexual abuse and includes
related provisions aboutprotection from liability for giving
information and protectingthe identity of persons notifying
harm.Note—See theChild Protection Act 1999,
chapter 2, part 1AA, division 2 andsections 186 and
197A.Page 182Current as at
[Not applicable]
Notauthorised—indicativeonlyDivision 3Public Health Act
2005Chapter 5 Child health[s 187]Custody of child held at healthservice facility187Person in charge of facility has custody of
child held atfacility(1)This
section applies if a child—(a)is
held at a health service facility under this part; or(b)is being transferred from one health
service facility toanother under this part.(2)The
person in charge of the health service facility at which thechild is held has custody of the child and
has—(a)the right to have the child’s daily
care; and(b)the right and responsibility to make
decisions about thechild’s daily care.(3)Subsection (4) applies to a child being
transferred from onehealthservicefacility(thefirstfacility)toanotherhealthservice facility
(thesecond facility) under this
part.(4)The child is taken to be held at the
first facility until the childis accepted by
the second facility after which the child is takento
be held at the second facility.Division 4Designated medical officers188Appointment(1)Thepersoninchargeofahealthservicefacilitymay,bywritteninstrument,appointadoctortobeadesignatedmedical
officer.(2)However, a doctor may be appointed as
a designated medicalofficer only if, in the opinion of the
person in charge of thehealth service facility, the doctor
has the necessary expertiseor experience to
be a designated medical officer.Current as at
[Not applicable]Page 183
Public
Health Act 2005Chapter 5 Child health[s 189]189When person in charge taken to be a
designated medicalofficerIf the person in
charge of a health service facility is a doctor,the
person is taken to be a designated medical officer whilethe
person is in charge of the facility.Notauthorised—indicativeonly190Powers(1)A designated medical officer has the
powers given under thispart.(2)Subsection (1) has effect subject to any
limitation stated in thedesignated medical officer’s
instrument of appointment.Division 6Care and
treatment order for child197Designated
medical officer may make care and treatmentorder for
child(1)This section applies if a designated
medical officer becomesaware, or reasonably suspects, that a
child at a health servicefacility—(a)has
been harmed or is at risk of harm; and(b)is
likely to leave or be taken from the facility and sufferharmifthedesignatedmedicalofficerdoesnottakeimmediate
action.(2)Thedesignatedmedicalofficermayorderthatthechildbeheld
at the facility (acare and treatment order).(3)Thedesignatedmedicalofficermustimmediatelymakeawritten record of the care and
treatment order that includes thefollowing—(a)details of the child’s condition;(b)the reasons for the order;(c)the name of the facility where the
child is held;(d)the time that is 48 hours from the
time the order is made.Page 184Current as at
[Not applicable]
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 5 Child
health[s 198](4)The
designated medical officer must explain to the child ingeneral terms the purpose and effect of the
order.Note—See also section
460(5) (Compliance with provisions about explainingand
giving documents).198Designated medical officer must notify
person in chargeof facility where child held(1)Thissectionappliesifadesignatedmedicalofficerhasordered that a child be held at a health
service facility.(2)The designated medical officer must
give the person in chargeof the facility notice of the order as
soon as practicable afterthe child is held.(3)Subsection (2)doesnotapplyifthedesignatedmedicalofficer and the person in charge are the
same person.(4)The notice must include the
following—(a)detailsoftheharmorriskofharmofwhichthedesignated medical officer is aware or
suspected by thedesignated medical officer;(b)the time that is 48 hours from the
time the order is madewhen the order ends;(c)thename,addressandtelephonenumberofthedesignated
medical officer; and(ca)ifaprofessionalhasgivenareportundertheChildProtection Act
1999, chapter 2, part 1AA, division 2—thename,addressandtelephonenumberoftheprofessional, to
the extent the designated medical officerhas those
details; and(d)to the extent it can reasonably be
obtained—(i)thechild’sname,dateofbirthandresidentialaddress or
another address at which the child maylive; andCurrent as at [Not applicable]Page
185
Public
Health Act 2005Chapter 5 Child health[s 199](ii)the name and
residential address of the parents ofthe child or
another address at which the parentsmay be
contacted.Notauthorised—indicativeonly199Designated
medical officer must advise chief executive(child
safety)(1)Thissectionappliesifadesignatedmedicalofficerhasordered that a child be held at a health
service facility.(2)The designated medical officer must
give the chief executive(child safety) notice of the order as
soon as practicable afterthe order is made.(3)The
notice must include the same information as that requiredfor
the notice under section 198(4).200Designated medical officer must advise
parents of childheld(1)As
soon as practicable after making a care and treatment orderfor
a child, the designated medical officer must—(a)tellatleast1ofthechild’sparentsabouttheorderincluding the
matters contained in the written record ofthe order;
and(b)tell the parent that it is an offence
to remove the childfromthehealthservicefacilitywhiletheorderisinforce; and(c)ifaskedbytheparent,givetheparentacopyofthewritten record of the order;
and(d)telltheparentthattheparentmaychoosetohavethechild examined by a doctor chosen by the
parent.(2)However,thedesignatedmedicalofficerneednotcomplywith subsection
(1) if the officer reasonably believes—(a)someonemaybechargedwithacriminaloffenceforharm to the child and the officer’s
compliance with thesubsectionmayjeopardiseaninvestigationintotheoffence; orPage 186Current as at [Not applicable]
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 5 Child
health[s 201](b)compliance with the subsection may expose
the child toharm.Division 7Extension of care and treatmentorder201Designated medical officer may extend care
andtreatment order(1)This
section applies if a designated medical officer considersthat
a care and treatment order for a child should be extended.(2)The designated medical officer may
extend the order within48 hours after the order was first
made to a time that is notmore than 96 hours after the order was
first made.(3)Thedesignatedmedicalofficermaynotextendtheorderunlessthedesignatedmedicalofficerconsultswithanotherdesignated medical officer and the other
designated medicalofficer agrees that the order should be
extended.(4)The designated medical officer
extending the order must makeawrittenrecordoftheextensionofthecareandtreatmentorder that
includes the following—(a)thedesignatedmedicalofficer’sname,addressandtelephone number;(b)the
reasons for the extension of the order;(c)thename,addressandtelephonenumberofthedesignated
medical officer consulted by the designatedmedical officer
extending the order;(d)a statement that
the designated medical officer consultedagreed that the
order should be extended;(e)the time to
which the order is extended.(5)Toremoveanydoubt,itisdeclaredthatthedesignatedmedicalofficerwhoextendstheorderneednotbethedesignated medical officer who gave the
order.Current as at [Not applicable]Page
187
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 5 Child health[s 202]202Designated medical officer must notify
person in chargeof facility about extension of order(1)This section applies if a care and
treatment order for a childhas been
extended.(2)Thedesignatedmedicalofficerextendingtheordermustadvisethepersoninchargeofthehealthservicefacilityatwhich the child is held about the extension
of the order andmust include the information mentioned in
section 201(4).(3)Subsection (2)doesnotapplyifthedesignatedmedicalofficer and the person in charge are the
same person.203Designated medical officer must advise
chief executive(child safety) about extension of
order(1)This section applies if a care and
treatment order for a childhas been
extended.(2)Thedesignatedmedicalofficerextendingtheordermustadvise the chief executive (child safety)
about the extension oftheorderandmustincludetheinformationmentionedinsection 201(4).204Designated medical officer must advise
child’s parentsabout extension of order(1)This
section applies if a care and treatment order for a childhas
been extended by a designated medical officer.(2)The
designated medical officer extending the order must—(a)advisethechild’sparentsabouttheextensionoftheorder including the following—(i)the reasons for the extension;(ii)the time when
the order ends; and(b)ifaskedbytheparent,givetheparentacopyofthereasons for the extension of the
order.(3)However,thedesignatedmedicalofficerneednotcomplywith subsection
(2) if the officer reasonably believes—Page 188Current as at [Not applicable]
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 5 Child
health[s 205](a)someonemaybechargedwithacriminaloffenceforharm to the child and the officer’s
compliance with thesubsectionmayjeopardiseaninvestigationintotheoffence; or(b)compliance with the subsection may expose
the child toharm.Division 8Enforcement and duration of careand
treatment order205Enforcement of care and treatment
order(1)A designated medical officer may use
the help and force thatis reasonable in the circumstances to
hold a child at a healthservicefacility,ortransferachildtoanotherhealthservicefacility under
section 211.(2)A person authorised by a designated
medical officer may helpthe designated medical officer to hold
or transfer the child.206Duration of
order(1)A care and treatment order starts when
the order is made andends 48 hours after it is made or, if
the order is extended undersection 201, the
time to which it is extended.(2)However,adesignatedmedicalofficermayreleaseachildbeforeanorderendsifthedesignatedmedicalofficerissatisfied the reason for the order no longer
exists.(3)Ifadesignatedmedicalofficerreleasesachild,theofficermustmakeawrittenrecordofthereleasethatincludesthefollowing—(a)the
reasons for the release;(b)the time of the
release;(c)the person into whose care the child
is released.Current as at [Not applicable]Page
189
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 5 Child health[s 207]207Limit on the number of care and
treatment orders(1)Thissectionappliesifacareandtreatmentorderhasbeenmade for a child
because of harm, or a risk of harm, to thechild.(2)A further care and treatment order may
not be made for thechild in relation to harm, or a risk of
harm, arising from thesameeventorcircumstancesthatgaverisetothecareandtreatment order mentioned in
subsection (1).(3)Nothinginthissectionpreventsasubsequentcareandtreatment order being made for a child
for harm, or a risk ofharm, that arises from an event or
circumstances that happensafter the end of an earlier care and
treatment order.Division 9Chief executive
(child safety) mayrequire information about child heldunder care and treatment order208Chief executive (child safety) may
require informationfrom designated medical officer(1)Thissectionappliesifthechiefexecutive(childsafety)considers information is required about a
child held under acare and treatment order.(2)Thechiefexecutive(childsafety)mayaskadesignatedmedicalofficer,orallyorinwriting,forstatedinformationabout the child,
within a reasonable stated time.(3)The
designated medical officer must comply with the requestto
the extent the designated medical officer is able to do so,unless the designated medical officer has a
reasonable excuse.Maximum penalty—50 penalty units.(4)The designated medical officer is not
liable to be prosecutedforanoffenceagainstsubsection (3)unlessthechiefexecutive (child
safety), when making the request, warns thedesignated
medical officer it is an offence to fail to complywith
the request to the extent the designated medical officer isPage
190Current as at [Not applicable]
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 5 Child
health[s 209]abletodoso,unlessthedesignatedmedicalofficerhasareasonable excuse.(5)A
person who gives information requested under this sectionwho
would otherwise be required to maintain confidentialityabout the information given under an Act,
oath, rule of law orpractice—(a)does
not contravene the Act, oath, rule of law or practiceby
giving the information; and(b)isnotliabletodisciplinaryactionforgivingtheinformation.Note—See
for example theHospital and Health Boards Act 2011,
section 142.(6)Also,merelybecausethepersongivestheinformation,theperson can not be held to have—(a)breached any code of professional
etiquette or ethics; or(b)departedfromacceptedstandardsofprofessionalconduct.Division 10Measures that
may be taken inrelation to a child held under a careand
treatment order209Medical examination or treatment of
child held underorder(1)This
section applies if a designated medical officer orders thata
child be held at a health service facility.(2)The
child may be medically examined or treated at the facilityor
another facility to which the child is transferred.(3)Subsection (2)applieseventhoughthechild’sparentshavenot consented to
the examination or treatment.(4)However, subsection (2) is subject to the
rights the child has inrelationtotheexaminationortreatment,inparticular,theCurrent as at [Not applicable]Page
191
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 5 Child health[s 210]charterofrightsforachildincarecontainedintheChildProtection Act 1999, schedule
1.(5)Also,onlytheexaminationortreatmentreasonableinthecircumstances may be carried
out.(6)Forthepurposeofdecidinganyliabilityinrelationtothecarrying out of the examination or
treatment, the consent ofthe child’s parents to the examination
or treatment is taken tohave been given.210Designated medical officer may request
information fromdoctors(1)This
section applies if a designated medical officer considers adoctor may hold information relevant to the
health of a childthe subject of a care and treatment
order.(2)Thedesignatedmedicalofficermayaskthedoctorfortheinformation.(3)A
doctor who gives information requested under this sectionwho
would otherwise be required to maintain confidentialityabout the information given under an Act,
oath, rule of law orpractice—(a)does
not contravene the Act, oath, rule of law or practiceby
giving the information; and(b)isnotliabletodisciplinaryactionforgivingtheinformation.(4)Also,merelybecausethepersongivestheinformation,theperson can not be held to have—(a)breached any code of professional
etiquette or ethics; or(b)departedfromacceptedstandardsofprofessionalconduct.211Transfer of child from one facility to
another(1)This section applies if—Page
192Current as at [Not applicable]
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 5 Child
health[s 212](a)a
child is held at a health service facility under a careand
treatment order; and(b)a designated
medical officer considers it is necessary totransfer the
child to, and hold the child at, another healthservicefacilitytoappropriatelymedicallyexamineortreat the child.(2)The
child may be transferred to, and held at, the other
facility.(3)The care and treatment order continues
to apply to the childwhile the child is at the other
facility.(4)Thedesignatedmedicalofficermustadvisethepersonincharge of the other facility of the proposed
transfer.(5)Also,thedesignatedmedicalofficermustgivethechild’sparentsandthechiefexecutive(childsafety)noticeofthetransferassoonaspracticableafterthedesignatedmedicalofficer decides to transfer the
child.(6)However, the designated medical
officer need not notify thechild’s parents
under subsection (5) if the officer reasonablybelieves—(a)someonemaybechargedwithacriminaloffenceforharm to the child and the officer’s
compliance with thesubsectionmayjeopardiseaninvestigationintotheoffence; or(b)compliance with the subsection may expose
the child toharm.212Parent may choose doctor to examine
childA designated medical officer, if asked by a
parent of the childheld at a health care facility under a care
and treatment order,must—(a)advise a doctor chosen by the parent of the
examinationor treatment undertaken for the child;
and(b)allowthechildtobeexaminedbythedoctoratthefacility.Current as at
[Not applicable]Page 193
Public
Health Act 2005Chapter 5 Child health[s 213]Division 11Offences
relating to child held athealth service facilityNotauthorised—indicativeonly213Offence to remove
child(1)Thissectionappliesifachildisheldatahealthservicefacility under this part.(2)A person must not—(a)obstruct a designated medical officer or
another personinvolved in holding a child under a care and
treatmentorder; or(b)remove the child—(i)from
the facility; or(ii)during transfer
from one facility to another; or(c)if
the child has been removed from the facility or duringthe
transfer, keep the child.Maximumpenalty—200penaltyunitsor18monthsimprisonment.(3)Subsection (2)applieswhetherthechildiskeptwithinoroutside Queensland.Part
4Disclosure of information forschool health programs213AA Definitions
for partIn this part—health
servicesee theHospital and
Health Boards Act 2011,section
15.schoolhealthprogram,inrelationtostudentsofaschool,means a program
carried out for the purpose of providing adental health
service or an immunisation health service for thestudents.Page 194Current as at [Not applicable]
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 5 Child
health[s 213AB]school health
program provider, in relation to a school healthprogram, means a Service, or an entity
engaged by a Service,that carries out the school health
program.school principalincludes a
delegate of the principal.ServicemeansaHospitalandHealthServiceestablishedunder theHospital and Health Boards Act 2011,
section 17.student,ofaschool,meansachildwhoisenrolledintheschool.213AB Application
of partThispartappliesinrelationtoaschoolhealthprogramprovidercarryingout,orpreparingtocarryout,aschoolhealth program
for students.213AC Identifying school health program
providers(1)If the school health program provider
is a Service, the healthservicechiefexecutiveoftheServicemustgivetheschoolprincipal notice
stating that the Service is the school healthprogram
provider.(2)If the school health program provider
is an entity engaged byaService,thehealthservicechiefexecutiveoftheServicemust
give the school principal notice stating that the entity isthe
school health program provider.213AD Disclosure
of information about students(1)For
carrying out a function under the school health program,theschoolhealthprogramprovidermayasktheschoolprincipal to
provide the following information—(a)the
name and date of birth of a student;(b)the
name, telephone number, email address and postaladdress of a parent or guardian of a
student;(c)any other information prescribed by
regulation about astudent.Current as at
[Not applicable]Page 195
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 5 Child health[s 213AE](2)Theschoolprincipalmust,withinareasonableperiod,disclosetheinformationrequestediftheschoolprincipalreceives, or has
received, a notice under section 213AC statingthat the Service
or entity that requested the information is theschool health
program provider.(3)However,theschoolprincipalmayrefusetodiscloseanyinformation about the student if the school
principal considersthe disclosure is not in the best interests
of the student.(4)If,undersubsection(3),theschoolprincipalrefusestodiscloseinformationabout1ormorestudents,theschoolprincipal must
give the school health program provider noticestating how many
students have had information withheld forthe school
health program.213AE Application of Information Privacy Act
2009 to contractedservice providers(1)This
section applies to a school health program provider thatis
not—(a)anagencyundertheInformationPrivacyAct2009,section 18; or(b)a
health agency under theInformation Privacy Act 2009,schedule 5.(2)For
the purposes of theInformation Privacy Act 2009,
chapter2, part 4—(a)theschoolhealthprogramprovideristakentobeabound contracted
service provider; and(b)theagreementtoprovideaschoolhealthprogrambetweentheServiceandtheschoolhealthprogramprovider is
taken to be a service arrangement; and(c)the
Service is the contracting agency.Page 196Current as at [Not applicable]
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 5A
Performance of cosmetic procedures on children[s 213AF]213AF
Delegation by health service chief executive for this partAhealthservicechiefexecutivemaydelegatethehealthservicechiefexecutive’sfunctionsunderthisparttoanappropriately qualified—(a)employee of the Service; or(b)healthserviceemployeeemployedinthedepartmentand working for
the Service.Chapter 5APerformance of
cosmeticprocedures on children213ADefinition for ch 5A(1)In
this chapter—cosmetic proceduremeans any of the
following—(a)a procedure involving the removal of
excess skin or fatfrom,orthereshapingof,apartofthehumanbody,including the following—•abdominoplasty, also known as a tummy
tuck;•blepharoplasty, also known as eyelid
surgery;•brachioplasty, also known as an arm
lift;•foreheadplasty, also known as a brow
lift;•liposuction or liposculpture;•rhytidectomy, also known as a face
lift;•thighplasty, also known as a thigh
lift;•torsoplasty, also known as a body
lift;(b)aprocedureinvolvingresurfacingoftheskinbyremovingtheepidermisandpenetratingthepapillarydermis;Current as at [Not applicable]Page
197
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 5A Performance of cosmetic procedures
on children[s 213A](c)asurgicalprocedureinvolvingtheinsertionoffacialcontour
implants;(d)asurgicalprocedureinvolvingthealterationofthebreast to improve its shape, size or
position, known asmammaplasty;(e)a
surgical procedure involving the alteration of the chinto
improve its shape or size, known as genioplasty;(f)aprocedureinvolvingtheinjectionofanon-biodegradable substance under the
skin to improveits volume, known as permanent injectable
fillers;(g)a surgical procedure involving the
alteration of the noseto improve its shape or size, known as
rhinoplasty;(h)aprocedureinvolvingtheattachmentofalayerofporcelaintothefrontsurfaceofatooth,knownasaporcelain veneer;(i)another procedure prescribed under a
regulation to be acosmetic procedure for this chapter.(2)However,areferencetoacosmeticproceduredoesnotinclude a procedure prescribed under a
regulation not to be acosmetic procedure for this
chapter.(3)The Minister must not recommend to the
Governor in Councilthemakingofaregulationundersubsection (2)unlesstheMinister is satisfied that—(a)performance of the procedure on a
child is unlikely tocompromise the health or safety of the
child; and(b)theprocedureisroutinelyperformedwithminimaladverse outcomes.(4)Aregulationundersubsection (1),definitioncosmeticprocedure,paragraph(i)orundersubsection
(2)mayprescribe a procedure subject to
stated conditions or in statedcircumstances.Page 198Current as at [Not applicable]
Public Health Act 2005Chapter 5A
Performance of cosmetic procedures on children[s 213B]Notauthorised—indicativeonly213BOffence to perform, or offer to
perform, cosmeticprocedure on a child(1)A
person must not perform, or offer to perform, a cosmeticprocedure on a child.Maximumpenalty—2,000penaltyunitsor2yearsimprisonment.(2)A
person does not commit an offence against subsection (1) ifthepersonbelieves,ongroundsthatarereasonableinthecircumstances,thatperformanceoftheprocedureisinthebest interests
of the child.(3)Proof that the person did not have
sufficient regard to any ofthe following
matters is sufficient proof that the person did nothave
the belief mentioned in subsection (2)—(a)if
the child is able to form and express views—the viewsof
the child, including the reasons why the child wantsthe
procedure to be performed, taking into account thechild’smaturityandunderstandingoftheprocedure,includingtherisks,limitationsandpossibleconsequences of
the procedure;(b)to the extent it is practicable for
the person to consult aparent of the child—the views of the
parent, includingwhethertheparentsupportstheprocedurebeingperformed on the child;(c)thechild’sphysicalhealth,includingwhetherperformance of
the procedure would correct a growth orcongenitalabnormalityorthephysicaleffectofamedical
condition, illness or trauma;(d)the
child’s psychological health, including whether theeffect of performing the procedure on the
child is likelyto be positive;(e)the
timing of the procedure, including whether waitinguntilthechildisanadultwouldbebetterthanperforming the procedure now.(4)The application of the Criminal Code,
section 282 is subjectto this section.Current as at
[Not applicable]Page 199
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 5A Performance of cosmetic procedures
on children[s 213C](5)In
this section—parentsee section
159(1) and (3)(a) and (b).213COffence to
procure, or offer to procure, performance ofcosmetic
procedure on a childA person must not, for a fee or other
reward, procure, or offertoprocure,theperformancebysomeoneelseofacosmeticprocedure on a child.Maximumpenalty—2,000penaltyunitsor2yearsimprisonment.Example—A
doctor sees a child as a patient and receives a fee for the
consultation.The child has a cleft lip and palate. Acting
in the normal course ofpractising his or her profession, the
doctor refers the child to a head andneck surgeon
without receiving a fee for the referral. The doctor doesnot
commit an offence against this section.213DChief
executive may report contravention(1)Ifthechiefexecutiveconsidersapersonhascontravenedsection
213Bor213C,thechiefexecutivemayreportthealleged contravention to a relevant
entity.(2)In this section—relevant
entitymeans—(a)the
health ombudsman; or(b)aboardestablishedundertheHealthPractitionerRegulation
National Law; or(c)anotherentitythathasthepowerunderanActoftheState, the Commonwealth or another
State to deal withthe matter.Page 200Current as at [Not applicable]
Notauthorised—indicativeonlyChapter 6Public Health Act
2005Chapter 6 Health information
management[s 214]Health
informationmanagementPart 1Perinatal statisticsDivision 1Definitions214Definitions for pt 1In this
part—babymeans a baby
born alive or a baby not born alive.baby born
alivemeans a baby whose heart has beaten
afterdelivery of the baby is completed.baby
not born alivemeans a baby—(a)who
has shown no sign of respiration or heartbeat, orothersignoflife,aftercompletelyleavingthechild’smother;
and(b)who—(i)has
been gestated for 20 weeks or more; or(ii)weighs 400 grams or more.collectionmeans the
Perinatal Statistics Collection.deliverymeans the expulsion or extraction of a baby
from itsmother.designated
person, in relation to a delivery, means—(a)ifthedeliveryhappensinahospital,thepersonincharge of the hospital; or(b)if the delivery happens elsewhere than
in a hospital—(i)if the delivery is attended by a
doctor—the doctor;orCurrent as at [Not applicable]Page
201
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 6 Health information management[s
215](ii)if the delivery
is not attended by a doctor, but isattended by a
midwife—the midwife; or(iii)ifthedeliveryisnotattendedbyadoctorormidwifebutadoctorundertakesthecareandtreatmentofthemotherorbaby,becauseofthedeliveryofthebaby,within3monthsofthedelivery—the doctor; or(iv)in any other
case—the mother.Perinatal Statistics Collectionsee
section 215(3).Division 2Establishment
and purposes ofcollection215Collection(1)Thechiefexecutivemustkeepacollectionofperinatalstatistics.(2)Thechiefexecutivemaykeepthecollectioninaformthechief executive considers appropriate,
including an electronicform.(3)ThecollectionistobeknownasthePerinatalStatisticsCollection.216Purposes of collectionThe purposes for
establishing the collection are as follows—(a)to
collect data to help in—(i)monitoringandanalysingobstetricandperinatalpatterns and
outcomes; and(ii)monitoring
perinatal mortality rates; and(iii)researching perinatal care; and(iv)monitoring
congenital abnormalities;Page 202Current as at
[Not applicable]
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 6 Health
information management[s 217](b)to
help in the planning of obstetric and perinatal healthservices.Division 3Notifications about perinatalstatistics217Giving notifications to chief
executiveAfter a delivery, the designated person
must, within the timeprescribed under a regulation, notify
the chief executive in theapproved form.Maximum
penalty—20 penalty units.218Further
information may be required(1)Thissectionappliesifthechiefexecutiveconsidersfurtherinformation is required in relation to the
notification to ensurethe accuracy, completeness or
integrity of the collection.(2)The
chief executive may give the designated person a noticerequiring the designated person to give the
further informationstatedinthenoticetothechiefexecutivewithinthereasonable time stated in the notice.(3)The notice must warn the person that
failure to comply withthe notice is an offence under this
Act.(4)Apersongivenanoticeundersubsection (2)mustcomplywith the
notice.Maximum penalty—20 penalty units.(5)A person who gives information
requested under this sectionwho would
otherwise be required to maintain confidentialityabout the information given under an Act,
oath, rule of law orpractice—(a)does
not contravene the Act, oath, rule of law or practiceby
giving the information; andCurrent as at
[Not applicable]Page 203
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 6 Health information management[s
219](b)isnotliabletodisciplinaryactionforgivingtheinformation.Note—See
for example theHospital and Health Boards Act 2011,
section 142.(6)Also,merelybecausethepersongivestheinformation,theperson can not be held to have—(a)breached any code of professional
etiquette or ethics; or(b)departedfromacceptedstandardsofprofessionalconduct.Division 4Confidentiality219Definitions for div 4In this
division—confidential informationmeans
information that has becomeknown to a
relevant person in the course of performing therelevantperson’sfunctionsunderthispartortherepealedprovisions.informationincludes a
document.relevant personmeans the
following—(a)a person who is, or was, the chief
executive;(b)a person who is, or was, involved in
the administrationorenforcementofthispart,including,forexample,ahealth service employee or a public service
employee;(c)apersonwhowasinvolvedintheadministrationorenforcement of the repealed
provisions.repealed provisionsmeans—(a)theHealth Act
1937, part 3, division 12; and(b)theHealth
Regulation 1996, part 9.Page 204Current as at [Not applicable]
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 6 Health
information management[s 220]220Confidentiality of information(1)Arelevantpersonmustnot,whetherdirectlyorindirectly,disclose
confidential information.Maximum penalty—50 penalty
units.(2)TheHospital and
Health Boards Act 2011, section 142, doesnotapplytoarelevantpersoninrelationtoconfidentialinformation.221Disclosure under an Act or another
lawSection 220(1)doesnotapplyifthedisclosureoftheconfidentialinformationbyarelevantpersonisauthorisedunder an Act or
another law.222Disclosure under Act or with written
consent etc.Section 220(1) does not apply if the
confidential informationis disclosed by a relevant
person—(a)in the performance of functions under
this Act; or(b)withthewrittenconsentofthepersontowhomtheinformation relates; or(c)to
the person to whom the information relates; or(d)in a
form that could not identify any person.223Disclosure of confidential information in
the publicinterest(1)Section 220(1) does not apply to the
disclosure of confidentialinformation by a relevant person
if—(a)the chief executive believes, on
reasonable grounds, thedisclosure is in the public interest;
and(b)thechiefexecutivehas,inwriting,authorisedthedisclosure.(2)The
department’s annual report for a financial year under theFinancial Accountability Act 2009must
include details of—Current as at [Not applicable]Page
205
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 6 Health information management[s
224](a)thenatureofanyconfidentialinformationdisclosedunder subsection (1) during the financial
year; and(b)the purpose for which the confidential
information wasdisclosed.(3)However, the details mentioned in subsection
(2)(a) must notidentify,directlyorindirectly,thepersontowhomtheconfidential information relates.(4)DespitethePublicServiceAct2008,section 103,thechiefexecutive may
not delegate the chief executive’s power undersubsection
(1).224Disclosure for data collection and
public healthmonitoringSection 220(1)
does not apply to the disclosure of confidentialinformation by a relevant person if—(a)the disclosure is to an employee of
the department or apersonapprovedbythechiefexecutivewhoiscontractedbythedepartmenttoanalyse,monitororevaluate public health; and(b)thedisclosureandreceiptoftheconfidentialinformationisforanalysing,monitoringorevaluatingpublic health;
and(c)theemployeeofthedepartmentorotherpersonisauthorised in writing by the chief
executive to receivethe confidential information.225Disclosure for purposes relating to
health servicesSection 220(1) does not apply to the
disclosure of confidentialinformation by a relevant person
if—(a)the disclosure is to an employee of
the department or apersonapprovedbythechiefexecutivewhoiscontractedbythedepartmenttoevaluate,manage,monitor or plan health services; orPage
206Current as at [Not applicable]
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 6 Health
information management[s 226](b)thedisclosureistoanentityprescribedunderaregulation for this paragraph for
evaluating, managing,monitoring or planning health services
as stated in theregulation.226Disclosure to Commonwealth, another State
orCommonwealth or State entity(1)Section 220(1) does not apply to the
disclosure of confidentialinformation by the chief executive
if—(a)the disclosure is to the Commonwealth
or another State,or an entity of the Commonwealth or another
State andthe disclosure—(i)is
required or allowed under an agreement—(A)betweenQueenslandandCommonwealth, State or entity; andthe(B)prescribedunderaregulationforthisparagraph;
and(ii)isconsideredbythechiefexecutivetobeinthepublic interest; or(b)thedisclosureistoanentityoftheStateandthedisclosure—(i)is
required or allowed under an agreement—(A)betweenthechiefexecutiveandtheentity;and(B)prescribedunderaregulationforthisparagraph;
and(ii)isconsideredbythechiefexecutivetobeinthepublic interest.(2)TheCommonwealth,aStateorentitythatreceivesconfidentialinformationunderanagreementundersubsection (1)—Current as at
[Not applicable]Page 207
Public
Health Act 2005Chapter 6 Health information management[s
227](a)must not give it to anyone else unless
allowed to do soby the agreement or in writing by the chief
executive;and(b)must ensure the
confidential information is used only forthe purpose for
which it was given under the agreement.Notauthorised—indicativeonly227Disclosure to
quality assurance committeeSection 220(1)
does not apply to the disclosure of confidentialinformationbyarelevantpersonifthedisclosureistoaquality
assurance committee, or to a person authorised by thecommittee to receive the confidential
information, to allow thecommittee to perform its
functions.228Disclosure to allow chief executive to
actSection 220(1)doesnotapplyifthedisclosureoftheconfidential information by a relevant
person is to the chiefexecutivetoallowthechiefexecutivetoactunderthisdivision.228ADisclosure of information for an
investigation under theCoroners Act(1)This
section applies if a coroner is investigating the death of aperson.(2)The
chief executive may give to the coroner, or to a policeofficerhelpingthecoronertoinvestigatethedeath,information from
the collection that is relevant to the person’sdeath.(3)Thecoronerorpoliceofficertowhomtheinformationisgivenandanyoneelsetowhomtheinformationissubsequentlygivenunderthissubsectionmustnotuseordisclose the information other than—(a)for a purpose of the investigation;
or(b)as otherwise required or permitted
under this or anotherAct.Page 208Current as at [Not applicable]
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 6 Health
information management[s 228B]228BArrangements about transfer of
information(1)ThechiefexecutivemayarrangeforthetransferofinformationinthecollectionforinclusionintheMaternalDeath Statistics
Collection.(2)A person does not commit an offence
against section 220(1)merelybecausethepersondoessomethingunderthearrangement.Part 1AMaternal death statisticsDivision 1Definitions228CDefinitions for pt 1AIn this
part—collectionmeans the
Maternal Death Statistics Collection.health
professionalmeans—(a)a
registered health practitioner; or(b)another person who provides a health
service.health servicesee theHospital and Health Boards Act 2011,section 15.maternal
death, of a woman, means the death of the
woman,from any cause, while she is pregnant or
within 365 days afterthe end of her pregnancy.Maternal Death Statistics Collectionsee
section 228D(3).notificationmeans a
notification under section 228F(2).registered
health practitionermeans—(a)apersonregisteredundertheHealthPractitionerRegulation
National Law to practice a health profession,other than a
student; orCurrent as at [Not applicable]Page
209
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 6 Health information management[s
228D](b)a person who holds non-practising
registration under theHealth Practitioner Regulation
National Law in a healthprofession.Division 2Establishment and purposes ofcollection228DCollection(1)The
chief executive must keep a collection of maternal deathstatistics.(2)Thechiefexecutivemaykeepthecollectioninaformthechief executive considers appropriate,
including an electronicform.(3)The
collection is to be known as the Maternal Death StatisticsCollection.228EPurposes of collectionThe purposes for
establishing the collection are as follows—(a)to
collect data to help in—(i)monitoring
maternal mortality rates; and(ii)increasing awareness of the incidence and
causesof maternal death; and(iii)monitoringandanalysingmaternitypatternsandoutcomes; and(iv)researching obstetric care;(b)to help in the planning of maternal
health services andstrategies to minimise maternal
mortality.Page 210Current as at
[Not applicable]
Notauthorised—indicativeonlyDivision 3Public Health Act
2005Chapter 6 Health information
management[s 228F]Notifications
about maternal deathstatistics228FGiving information to chief executive(1)This section applies if a health
professional—(a)had primary responsibility for the
care or treatment of awoman while she was pregnant or within
365 days afterthe end of her pregnancy; and(b)is aware of the maternal death of the
woman.(2)Thehealthprofessionalmust,withinthetimeprescribedunderaregulation,givethechiefexecutiveanotificationabout the
death.Maximum penalty—20 penalty units.(3)The notification must—(a)be in the approved form; and(b)contain the information prescribed
under a regulation.228GFurther information may be
required(1)Thissectionappliesifthechiefexecutiveconsidersfurtherinformation is required in relation to the
notification to ensurethe accuracy, completeness or
integrity of the collection.(2)The
chief executive may give any of the following persons anoticerequiringthepersontogivethefurtherinformationstatedinthenoticetothechiefexecutivewithinthereasonable time stated in the
notice—(a)the person who gave the
notification;(b)a health professional involved in the
care or treatment ofthe deceased woman;(c)anotherhealthprofessionalwhohasinformationthatmay
ensure the accuracy, completenessorintegrityofthe
register.Current as at [Not applicable]Page
211
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 6 Health information management[s
228H](3)The notice must warn the person that
failure to comply withthe notice is an offence under this
Act.(4)Apersongivenanoticeundersubsection (2)mustcomplywith the notice
unless the person has a reasonable excuse.Maximum
penalty—20 penalty units.(5)A person who
gives information requested under this sectionwho would
otherwise be required to maintain confidentialityabout the information given under an Act,
oath, rule of law orpractice—(a)does
not contravene the Act, oath, rule of law or practiceby
giving the information; and(b)isnotliabletodisciplinaryactionforgivingtheinformation.Note—See,forexample,theHospitalandHealthBoardsAct2011,section 142(6)Also,merelybecausethepersongivestheinformation,theperson can not be held to have—(a)breached any code of professional
etiquette or ethics; or(b)departedfromacceptedstandardsofprofessionalconduct.Division 4Confidentiality228HDefinitions for div 4In this
division—confidential informationmeans
information that has becomeknown to a
relevant person in the course of performing therelevant
person’s functions under this part.informationincludes a
document.relevant personmeans the
following—(a)a person who is, or was, the chief
executive;Page 212Current as at
[Not applicable]
Public Health Act 2005Chapter 6 Health
information management[s 228I](b)a
person who is, or was, involved in the administrationorenforcementofthispart,including,forexample,ahealth service employee or a public service
employee.Notauthorised—indicativeonly228IConfidentiality of information(1)Arelevantpersonmustnot,whetherdirectlyorindirectly,disclose
confidential information.Maximum penalty—50 penalty
units.(2)TheHospital and
Health Boards Act 2011, section 142 doesnotapplytoarelevantpersoninrelationtoconfidentialinformation.228JDisclosure under an Act or another
lawSection 228I(1)doesnotapplyifthedisclosureoftheconfidentialinformationbyarelevantpersonisauthorisedunder an Act or
another law.228KDisclosure under Act or with written
consent etc.Section 228I(1) does not apply if the
confidential informationis disclosed by a relevant
person—(a)in the performance of functions under
this Act; or(b)withthewrittenconsentofthepersontowhomtheinformation relates; or(c)to
the person to whom the information relates; or(d)in a
form that could not identify any person.228LDisclosure of confidential information in
the publicinterest(1)Section 228I(1)doesnotapplytothedisclosureofconfidential information by a relevant
person if—(a)the chief executive believes, on
reasonable grounds, thedisclosure is in the public interest;
andCurrent as at [Not applicable]Page
213
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 6 Health information management[s
228M](b)thechiefexecutivehas,inwriting,authorisedthedisclosure.(2)The
department’s annual report for a financial year under theFinancial Accountability Act 2009must
include details of—(a)thenatureofanyconfidentialinformationdisclosedunder subsection (1) during the financial
year; and(b)the purpose for which the confidential
information wasdisclosed.(3)However, the details mentioned in subsection
(2)(a) must notidentify,directlyorindirectly,thepersontowhomtheconfidential information relates.(4)DespitethePublicServiceAct2008,section 103thechiefexecutive may
not delegate the chief executive’s power undersubsection
(1).228MDisclosure for data collection and
public healthmonitoringSection
228I(1)doesnotapplytothedisclosureofconfidential information by a relevant
person if—(a)the disclosure is to an employee of
the department or apersonapprovedbythechiefexecutivewhoiscontractedbythedepartmenttoanalyse,monitororevaluate public health; and(b)thedisclosureandreceiptoftheconfidentialinformationisforanalysing,monitoringorevaluatingpublic health;
and(c)theemployeeofthedepartmentorotherpersonisauthorised in writing by the chief
executive to receivethe confidential information.228NDisclosure for purposes relating to
health servicesSection 228I(1)doesnotapplytothedisclosureofconfidential information by a relevant
person if—Page 214Current as at
[Not applicable]
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 6 Health
information management[s 228O](a)the
disclosure is to an employee of the department or apersonapprovedbythechiefexecutivewhoiscontractedbythedepartmenttoevaluate,manage,monitor or plan health services; or(b)thedisclosureistoanentityprescribedunderaregulation for this paragraph for
evaluating, managing,monitoring or planning health services
as stated in theregulation.228ODisclosure to Commonwealth, another State
orCommonwealth or State entity(1)Section 228I(1)doesnotapplytothedisclosureofconfidential information by the chief
executive if—(a)the disclosure is to the Commonwealth
or another State,or an entity of the Commonwealth or another
State andthe disclosure—(i)is
required or allowed under an agreement—(A)betweenQueenslandandCommonwealth, State or entity; andthe(B)prescribedunderaregulationforthisparagraph;
and(ii)isconsideredbythechiefexecutivetobeinthepublic interest; or(b)thedisclosureistoanentityoftheStateandthedisclosure—(i)is
required or allowed under an agreement—(A)betweenthechiefexecutiveandtheentity;and(B)prescribedunderaregulationforthisparagraph;
and(ii)isconsideredbythechiefexecutivetobeinthepublic interest.Current as at
[Not applicable]Page 215
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 6 Health information management[s
228P](2)TheCommonwealth,aStateorentitythatreceivesconfidentialinformationunderanagreementundersubsection (1)—(a)must
not give it to anyone else unless allowed to do soby
the agreement or in writing by the chief executive;and(b)must ensure the
confidential information is used only forthe purpose for
which it was given under the agreement.228PDisclosure to quality assurance
committeeSection 228I(1)doesnotapplytothedisclosureofconfidential information by a relevant
person if the disclosureis to a quality assurance committee,
or to a person authorisedby the committee to receive the
confidential information, toallow the
committee to perform its functions.228QDisclosure to allow chief executive to
actSection 228I(1)doesnotapplyifthedisclosureoftheconfidential information by a relevant
person is to the chiefexecutivetoallowthechiefexecutivetoactunderthisdivision.228RDisclosure of information for an
investigation under theCoroners Act(1)This
section applies if a coroner is investigating the death of aperson.(2)The
chief executive may give to the coroner, or to a policeofficerhelpingthecoronertoinvestigatethedeath,information from
the collection that is relevant to the person’sdeath.(3)Thecoronerorpoliceofficertowhomtheinformationisgivenandanyoneelsetowhomtheinformationissubsequentlygivenunderthissubsectionmustnotuseordisclose the information other than—Page
216Current as at [Not applicable]
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 6 Health
information management[s 228S](a)for
a purpose of the investigation; or(b)as
otherwise required or permitted under this or anotherAct.228SArrangements
about transfer of information(1)ThechiefexecutivemayarrangeforthetransferofinformationinthecollectionforinclusioninthePerinatalStatistics
Collection.(2)A person does not commit an offence
against section 228I(1)merelybecausethepersondoessomethingunderthearrangement.Part 2Cancer notificationsDivision 1Definitions229Definitions for pt 2In this
part—cancermeans either of
the following—(a)a neoplasm of human tissue—(i)inwhichcellmultiplicationisuncontrolledandprogressive; and(ii)that, if unchecked, may invade adjacent
tissues orextend beyond its site of origin; and(iii)thathasthepropensitytorecur,eitherlocallyorremotely in the body;(b)skin
cancer and non-invasive carcinoma, other than skincancer and non-invasive carcinoma of a type
prescribedunder a regulation.contractorsee section
232(1).Current as at [Not applicable]Page
217
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 6 Health information management[s
230]notificationaboutcancermeansanotificationundersection 234 or 235.Queensland
Cancer Registersee section 230(4).registermeans the Queensland Cancer Register.residentialcarefacilitymeansaresidentialcareservicewithin the
meaning of theAged Care Act 1997(Cwlth).Division 2Establishment
and purposes ofregister230Register(1)The
chief executive must keepa register of the persons forwhom
notifications about cancer have been given to the chiefexecutive or the contractor.(2)Theregistermustincludedeceasedpersonsforwhomnotifications
about cancer have been given.(3)The
chief executive may keep the register in a form the chiefexecutive considers appropriate, including
an electronic form.(4)TheregisteristobeknownastheQueenslandCancerRegister.231Purposes of registerThe purposes for
establishing the register are as follows—(a)to
collect data to help in—(i)monitoringandanalysingtheoutcomesandpatterns of cancer; and(ii)monitoring cancer mortality; and(iii)increasing
public awareness of cancer;(b)to
help in the planning of services and strategies for theprevention and management of cancer.Page
218Current as at [Not applicable]
Public Health Act 2005Chapter 6 Health
information management[s 232]232Responsibility for keeping of
register(1)The chief executive may enter into a
written agreement with aperson prescribed under a regulation
(thecontractor) for thecontractor to keep the register for the
chief executive.(2)The chief executive must take
reasonable steps to ensure thecontractor
complies with the agreement.Notauthorised—indicativeonlyDivision 3Notifications
about cancer233Application of div 3An
obligation to notify or give information under this divisionforapersonincludesanobligationtonotifyorgiveinformation for
a deceased person.234Notifications about cancer to be given
to chief executive(1)If a pathological examination of a
specimen of human originindicates that the person from whom
the specimen was takenis or was suffering from cancer, the
director of the pathologylaboratory where the examination is
undertaken—(a)must complete a notification for the
person; and(b)must give the notification to the
chief executive withinthe time prescribed under a
regulation.Maximum penalty—20 penalty units.(2)A notification for a person under
subsection (1) must—(a)be given for
each pathological examination; and(b)include the name of the doctor who referred
the person’sspecimen for pathological examination;
and(c)be in the approved form.(3)The person in charge of a hospital or
residential care facilitymust give a notification to the chief
executive within the timeprescribedunderaregulationifapersonknowntobeCurrent as at
[Not applicable]Page 219
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 6 Health information management[s
235]sufferingfromcancerwhoisapatientinthehospitaloraresident of the
residential care facility—(a)separates from
the hospital; or(b)ceases to be a resident of the
facility.Maximum penalty—20 penalty units.(4)A notification for a person under
subsection (3) must be in theapproved
form.(5)The person in charge of a hospital
must give a notification tothe chief
executive about a person if—(a)the
person is known to have cancer; and(b)the
person is attending the hospital as an outpatient toreceive treatment for cancer; and(c)itisthefirsttimeinthecalendaryearthepersonhasattendedthehospitalasanoutpatienttoreceivetreatment for
cancer.Maximum penalty—20 penalty units.(6)A notification for a person under
subsection (5) must be in theapproved
form.235Directions to give notifications about
cancer tocontractor(1)Ifapersonmust,undersection 234(1),(3)or(5),giveanotificationaboutcancertothechiefexecutive,thechiefexecutive may
give a written direction to the person to givethenotificationtothecontractorinplaceofthechiefexecutive.(2)A
direction must state—(a)the name and
address of the contractor; and(b)the
day the direction is to take effect.(3)A
person to whom a direction is given under subsection (1)must
comply with the direction.Maximum penalty—20 penalty
units.Page 220Current as at
[Not applicable]
Public Health Act 2005Chapter 6 Health
information management[s 236](4)If,
under a direction, a person gives a notification about
cancerto the contractor and does not give it to
the chief executive, thepersondoesnotcontravenesection
234inrelationtothenotification.(5)Thechiefexecutivemustmonitorcompliancewiththissection.Notauthorised—indicativeonly236Further information may be
required(1)Thissectionappliesifthechiefexecutiveorcontractorconsidersfurtherinformationisrequiredinrelationtoanotification about cancer to ensure
the accuracy, completenessor integrity of the register.(2)Thechiefexecutiveorcontractormaygiveanyofthefollowingpersonsanoticerequiringthepersontogivethefurther information stated in the notice to
the chief executiveor contractor within the reasonable time
stated in the notice—(a)the person who
gave the notification;(b)thedoctormentionedinthenotificationasthedoctorwhoreferredthespecimenforpathologicalexamination;(c)another doctor who has information that may
ensure theaccuracy, completeness or integrity of the
register.(3)The notice must warn the person that
failure to comply withthe notice is an offence under this
Act.(4)Apersongivenanoticeundersubsection (2)mustcomplywith the
notice.Maximum penalty—20 penalty units.(5)A person who gives information
requested under this sectionwho would
otherwise be required to maintain confidentialityabout the information given under an Act,
oath, rule of law orpractice—(a)does
not contravene the Act, oath, rule of law or practiceby
giving the information; andCurrent as at
[Not applicable]Page 221
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 6 Health information management[s
237](b)isnotliabletodisciplinaryactionforgivingtheinformation.Note—See
for example theHospital and Health Boards Act 2011,
section 142.(6)Also,merelybecausethepersongivestheinformation,theperson can not be held to have—(a)breached any code of professional
etiquette or ethics; or(b)departedfromacceptedstandardsofprofessionalconduct.Division 4Confidentiality237Definitions for div 4In this
division—confidential informationmeans
information that has becomeknown to a
relevant person in the course of performing therelevantperson’sfunctionsunderthispartortherepealedprovisions.informationincludes a
document.relevant personmeans the
following—(a)a person who is, or was, the chief
executive;(b)a person who is, or was, involved in
the administrationofthispart,including,forexample,ahealthserviceemployeeorapublicserviceemployee,butnotincluding a contractor or an employee
of a contractor;(c)apersonwhowasinvolvedintheadministrationorenforcement of the repealed
provisions.repealed provisionsmeans—(a)theHealth Act
1937, part 3, division 10; or(b)theHealth
Regulation 1996, part 3.Page 222Current as at [Not applicable]
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 6 Health
information management[s 238]238Confidentiality of information(1)Arelevantpersonmustnot,whetherdirectlyorindirectly,disclose
confidential information.Maximum penalty—50 penalty
units.(2)TheHospital and
Health Boards Act 2011, section 142, doesnotapplytoarelevantpersoninrelationtoconfidentialinformation.239Disclosure under an Act or another
lawSection 238(1)doesnotapplyifthedisclosureoftheconfidentialinformationbyarelevantpersonisauthorisedunder an Act or
another law.240Disclosure under Act or with written
consent etc.Section 238(1) does not apply if the
confidential informationis disclosed by a relevant
person—(a)in the performance of functions under
this Act; or(b)withthewrittenconsentofthepersontowhomtheinformation relates; or(c)to
the person to whom the information relates; or(d)in a
form that could not identify any person.241Disclosure of confidential information in
the publicinterest(1)Section 238(1) does not apply to the
disclosure of confidentialinformation by a relevant person
if—(a)the chief executive believes, on
reasonable grounds, thedisclosure is in the public interest;
and(b)thechiefexecutivehas,inwriting,authorisedthedisclosure.(2)The
department’s annual report for a financial year under theFinancial Accountability Act 2009must
include details of—Current as at [Not applicable]Page
223
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 6 Health information management[s
242](a)thenatureofanyconfidentialinformationdisclosedunder subsection (1) during the financial
year; and(b)the purpose for which the confidential
information wasdisclosed.(3)However, the details mentioned in subsection
(2)(a) must notidentify,directlyorindirectly,thepersontowhomtheconfidential information relates.(4)DespitethePublicServiceAct2008,section 103,thechiefexecutive may
not delegate the chief executive’s power undersubsection
(1).242Disclosure for data collection and
public healthmonitoringSection 238(1)
does not apply to the disclosure of confidentialinformation by a relevant person if—(a)the disclosure is to an employee of
the department or apersonapprovedbythechiefexecutivewhoiscontractedbythedepartmenttoanalyse,monitororevaluate public health; and(b)thedisclosureandreceiptoftheconfidentialinformationisforanalysing,monitoringorevaluatingpublic health;
and(c)theemployeeofthedepartmentorotherpersonisauthorised in writing by the chief
executive to receivethe confidential information.243Disclosure for purposes relating to
health servicesSection 238(1) does not apply to the
disclosure of confidentialinformation by a relevant person
if—(a)the disclosure is to an employee of
the department or apersonapprovedbythechiefexecutivewhoiscontractedbythedepartmenttoevaluate,manage,monitor or plan health services; orPage
224Current as at [Not applicable]
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 6 Health
information management[s 244](b)thedisclosureistoanentityprescribedunderaregulation for this paragraph for
evaluating, managing,monitoring or planning health services
as stated in theregulation.244Disclosure to Commonwealth, another State
orCommonwealth or State entity(1)Section 238(1) does not apply to the
disclosure of confidentialinformation by the chief executive
if—(a)the disclosure is to the Commonwealth
or another State,or an entity of the Commonwealth or another
State andthe disclosure—(i)is
required or allowed under an agreement—(A)betweenQueenslandandCommonwealth, State or entity; andthe(B)prescribedunderaregulationforthisparagraph;
and(ii)isconsideredbythechiefexecutivetobeinthepublic interest; or(b)thedisclosureistoanentityoftheStateandthedisclosure—(i)is
required or allowed under an agreement—(A)betweenthechiefexecutiveandtheentity;and(B)prescribedunderaregulationforthisparagraph;
and(ii)isconsideredbythechiefexecutivetobeinthepublic interest.(2)TheCommonwealth,aStateorentitythatreceivesconfidentialinformationunderanagreementundersubsection (1)—Current as at
[Not applicable]Page 225
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 6 Health information management[s
245](a)must not give it to anyone else unless
allowed to do soby the agreement or in writing by the chief
executive;and(b)must ensure the
confidential information is used only forthe purpose for
which it was given under the agreement.245Disclosure to quality assurance
committeeSection 238(1) does not apply to the
disclosure of confidentialinformationbyarelevantpersonifthedisclosureistoaquality
assurance committee, or to a person authorised by thecommittee to receive the confidential
information, to allow thecommittee to perform its
functions.246Disclosure to contractor or employee
of contractor formaintaining the registerSection
238(1)doesnotapplyifthedisclosureoftheconfidentialinformationisbythechiefexecutivetothecontractor, or an employee of the
contractor, for maintainingthe
register.247Disclosure to allow chief executive to
actSection 238(1)doesnotapplyifthedisclosureoftheconfidential information by a relevant
person is to the chiefexecutivetoallowthechiefexecutivetoactunderthisdivision.248Confidentiality of information for
contractorsA contractor or employee of a contractor
must not, whetherdirectly or indirectly, disclose
confidential information.Maximum penalty—50 penalty
units.Page 226Current as at
[Not applicable]
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 6 Health
information management[s 249]249Disclosure by contractorSection 248 does
not apply to the disclosure of confidentialinformation by
the contractor or an employee of the contractorif the
disclosure—(a)is made in the performance of
functions under this part;or(b)is
made in a form that does not identify any person; or(c)is made to the chief executive, at the
written request ofthe chief executive stating the chief
executive considersthedisclosureisnecessaryforensuringtheproperadministration
of this part; or(d)is made to a person or entity to which
the chief executivemay make the disclosure under section 242,
243 or 244,ifthechiefexecutiveauthorisesthecontractor,inwriting, to disclose the information;
or(e)is for the purpose of giving
information under chapter 6,part4,division2forresearch,ifthechiefexecutiveauthorisesthecontractor,inwriting,todisclosetheinformation; or(f)is
authorised under an Act or another law.250Arrangements about transfer of
information(1)Thechiefexecutivemayarrangeforthetransferofinformationintheregisterforinclusionintheregisterrequired to be
established under section 253.(2)A
person does not commit an offence against section 238 or248merelybecausethepersondoessomethingunderthearrangement.Current as at
[Not applicable]Page 227
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 6 Health information management[s
251]Part 3Pap Smear
RegisterDivision 1Definitions and
application251Definitions for pt 3In
this part—abnormal Pap smearmeans a Pap
smear indicating abnormalcell growth and appearances in the
cervix of the woman fromwhom the Pap smear was
obtained.clinical informationmeans the
following information about awomanappearingintheregisteraspartofherregisteredscreening
history—(a)the dates and results ofthe
Pap smear tests, histologytests and HPV tests for the
woman;(b)other information prescribed under a
regulation.clinical managementmeans a course
of action for managingaprecursortocancerofawoman’scervixorcancerofawoman’s cervix, including, for
example, diagnosing, treating,monitoringandfollowingupwiththewoman,andmakingrecommendations
to her.confidential informationmeans all
information in the registerabout a
woman.disclosure sectionmeans section
262, 265, 272, 273, 277 or278.health
practitionermeans—(a)a
doctor; or(b)a registered nurse; or(c)a midwife; or(d)a
person designated as a health practitioner for this part.Page
228Current as at [Not applicable]
Public Health Act 2005Chapter 6 Health
information management[s 251]Notauthorised—indicativeonlyNote—Seesection 279(Chiefexecutivemaydesignateparticularpersons as
health practitioners).histological samplemeans a biopsy or excision of the
cervix,uterine body or vagina of a woman.histologytestmeanstheprocessesfortestingahistologicalsample.HPVmeans the group of human papilloma
viruses that cancauseinfectionintheskinsurfaceofdifferentareasofthebody, including
the genital area.HPV samplemeans the cells
collected from a woman’s cervixfor the purpose
of testing them for the presence of the DNA ofHPV.HPV
testmeans the process of testing a HPV sample
for thepresence of the DNA of HPV.identifyinginformationmeansthefollowinginformationaboutawomanappearingintheregisteraspartofherregistered screening history—(a)full name or names, including other
names previously orcurrently used;(b)date
of birth;(c)address for correspondence;(d)other information prescribed under a
regulation.informationincludes a
document.nominated person, at a pathology
laboratory, means a personnominatedbythedirectorofthelaboratoryundersection 273(1).Pap smearmeans the cells scraped from a woman’s
cervix fordetecting whether the woman has—(a)a precursor to cancer of the cervix;
or(b)cancer of the cervix.Pap
Smear Registersee section 253(3).Current as at
[Not applicable]Page 229
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 6 Health information management[s
252]Pap smear testmeans the
processes for testing a Pap smearfor—(a)a precursor to cancer of the cervix;
or(b)cancer of the cervix.providermeans—(a)a doctor who intends to perform a
procedure to obtain aPap smear, histological sample or HPV
sample from awoman; or(b)another person who intends to perform a
procedure toobtain a Pap smear from a woman.registermeans the Pap
Smear Register.registeredscreeninghistory,forawoman,meansheridentifyingandclinicalinformation,asappearingintheregister.relevant
personmeans the following—(a)a
person who is, or was, the chief executive;(b)a
person who is, or was, involved in the administrationorenforcementofthispart,including,forexample,ahealth service employee or a public service
employee;(c)apersonwhowasinvolvedintheadministrationorenforcement of the repealed
provision.repealedprovisionmeanstheHealthAct1937,part3,division 11.womanmeans a female person.writtenorin writing, in relation to
a consent by or requestfromawoman,meansaconsentorrequestsignedbythewoman.252Application of part(1)This part applies to a procedure
performed in Queensland toobtain a Pap smear, histological
sample or HPV sample froma woman.Page 230Current as at [Not applicable]
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 6 Health
information management[s 253](2)However,thispartdoesnotapplytotheprocedureifthewoman’susualplaceofresidenceisoutsideofQueenslandwhen the Pap
smear, histological sample or HPV sample isobtained.Division 2Establishment
and purposes ofregister253Pap
Smear Register(1)ThechiefexecutivemustkeeparegisterunderthisActtorecord identifying and clinical
information about women.(2)The chief
executive may keep the register in a form the chiefexecutive considers appropriate, including
an electronic form.(3)The register is to be known as the Pap
Smear Register.254Purposes of registerThe
purposes for establishing the register are as follows—(a)to establish mechanisms to advise a
woman who has anabnormalPapsmearresultaboutappropriatemedicalinvestigation and intervention;(b)to establish mechanisms to advise a
woman to have theproceduretoobtainanotherPapsmearbecauseherprevious Pap smear is technically
unsatisfactory and cannotbeassessed,including,forexample,duetopoorfixation of the
smear;(c)to supply a woman’s registered
screening history to thedirectorof,oranominatedpersonat,thepathologylaboratory,whereaPapsmear,histologicalsampleorHPV sample obtained from the woman is
being tested,tohelpthedirectororpersoninterpretthesmearorsampleandmakeclinicalmanagementrecommendations;Current as at
[Not applicable]Page 231
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 6 Health information management[s
255](d)tosupplyawoman’sregisteredscreeninghistorytoahealthpractitionertohelpthepractitionerinadvisingthe woman about
options for clinical management;(e)to
use information in the register for sending notices toparticular women about Pap smears, or the
results of Papsmear tests or histology tests;(f)toenhanceaccessbypathologylaboratoriestoinformationtohelpinassessingtheproportionofcorrectpredictionsofdetectedlesionsmadebythepathology laboratory;(g)to supply data to help—(i)in monitoring changing disease trends;
and(ii)instudyingtheefficacyofthemanagementandtreatment of abnormal Pap smears; and(iii)in monitoring
and evaluating the effectiveness ofcervical
screening programs; and(iv)inincreasingpublicawarenessofcancerofthecervix;(h)to
help in formulating strategies to encourage all womentoparticipateinregularPapsmeartesting,and,inparticular—(i)women who have not had a procedure to obtain
aPap smear; and(ii)womenwho,accordingtotheirregisteredscreeninghistories,areoverduefortheirnextprocedure to obtain a Pap smear.255Women may elect to withhold, remove or
changeinformation in the register(1)Clinical and identifying information
about a woman is to beincluded in the register unless the
woman elects for it not to beincluded.(2)Theprocessstatedindivision3isdesignedtoachieveabalancebetweenmaximisingparticipationandensuringPage 232Current as at [Not applicable]
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 6 Health
information management[s 256]women are
informed about their right to elect not to have theirclinical and identifying information
included in the register.(3)A woman
may—(a)ask, in writing, for her registered
screening history to beremoved from the register; or(b)ask for her identifying information to
be changed.Note—Seesections 263(Dutyofchiefexecutivetoremoveregisteredscreeninghistory)and264(Dutyofchiefexecutivetochangeidentifying
information).Division 3Duties of
persons involved inobtaining and testing Pap smears,histological samples and HPVsamples256Initial duty of person obtaining Pap smear,
histologicalsample or HPV sampleAprovidermustbesatisfied,onreasonablegrounds,thewoman has been informed about each of
the following—(a)the existence and purposes of the
register;(b)theidentifyingandclinicalinformationaboutthewoman that may be recorded in the
register;(c)that the woman may elect for her
identifying and clinicalinformationnottobeautomaticallyincludedintheregister.257Duty if woman elects for her
identifying and clinicalinformation not to be included in the
register(1)This section applies if—(a)a provider’s health records do not
indicate the womanhas previously elected not to have her
identifying andCurrent as at [Not applicable]Page
233
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 6 Health information management[s
258]clinicalinformationautomaticallyincludedintheregister;
and(b)thewomantellstheprovidershedoesnotwantheridentifying and clinical information to be
automaticallyincluded.(2)The
provider must make a notation in the provider’s healthrecords—(a)about the woman’s decision; and(b)thatthewoman’sidentifyingandclinicalinformationmust not be
given to the chief executive.(3)Also, the provider must ensure each request
by the providerfor a Pap smear test, histology test or HPV
test for the womanincludes a notation that the woman’s
identifying and clinicalinformation must not be given to the
chief executive.258Provider’s duty if woman previously
elected forinformation not to be included in the
register(1)Thissectionappliestoaprovideriftheprovider’shealthrecords indicate the woman has previously
elected not to haveheridentifyingandclinicalinformationautomaticallyincluded in the
register.(2)Theprovidermustaskthewomanwhethershewantstoreconsider her decision.(3)If
the woman reconsiders her decision and tells the providershe
now wants her identifying and clinical information to beautomatically included in the register, the
provider must makea notation in the provider’s health
records—(a)about the woman’s decision; and(b)thatthewoman’sidentifyingandclinicalinformationmust be given to
the chief executive.(4)If the woman
reconsiders her decision and tells the providershe still does
not want her identifying and clinical informationto
be automatically included in the register, the provider mustensureeachrequestbytheproviderforaPapsmeartest,Page 234Current as at [Not applicable]
Public Health Act 2005Chapter 6 Health
information management[s 259]histology test
or HPV test for the woman includes a notationthatthewoman’sidentifyingandclinicalinformationmustnot
be given to the chief executive.Notauthorised—indicativeonly259Duty of director to provide
information(1)The director of a pathology
laboratory, who receives a requesttotestaPapsmear,histologicalsampleorHPVsampleobtained from a woman, must give the woman’s
identifyingand clinical information, as required under
a regulation, to thechief executive.(2)The
director must give the information to the chief executiveno
later than 4 weeks after the results of the tests are given
tothe person who asked for the test.(3)However,iftherequestforthetestofthePapsmear,histological sample or HPV sample includes a
notation thatthe woman’s identifying and clinical
information must not begiventothechiefexecutive,thedirectormustnotgivetheinformation to the chief executive.Division 4Duties of chief
executiveconcerning registered screeninghistories and authority to sendnotices260Duty
of chief executive on receipt of information(1)This
section applies if the chief executive receives identifyingandclinicalinformationunderthispartforawomanaboutwhom there is no
registered screening history.(2)After the identifying and clinical
information is included inthe register, the chief executive must
send the woman a noticestating that the information has been
included in the register.(3)The notice must
also state—(a)thewomanmayhaveherregisteredscreeninghistoryremoved from the
register; andCurrent as at [Not applicable]Page
235
Public
Health Act 2005Chapter 6 Health information management[s
261](b)thewomanmayhaveheridentifyinginformationchangedifsheconsiderstheinformationisincorrect;and(c)the way the woman may have her
registered screeninghistory removed or her identifying
information changed.Notauthorised—indicativeonly261Chief executive
may send reminder notices to particularwomenThechiefexecutivemaysendanoticetoawomanwho,according to her registered screening
history, may—(a)be overdue for the procedure for
obtaining her next Papsmear; or(b)need
to have the procedure for obtaining a Pap smearrepeated because
her previous Pap smear is technicallyunsatisfactory
and can not be assessed; or(c)requireappropriatemedicalinvestigationandintervention because of an abnormal Pap
smear result.262Chief executive may send reminder
notice to woman’shealth practitioner(1)Thissectionappliestoawomanwho,accordingtoherregistered screening history, may
require appropriate medicalinvestigationandinterventionbecauseofanabnormalPapsmear result.(2)The
chief executive may send a notice about the abnormal Papsmeartothewoman’shealthpractitioneroranotherhealthpractitionertowhomthewomanhasbeenreferredbyherhealth
practitioner.263Duty of chief executive to remove
registered screeninghistory(1)Thissectionappliesifawoman,inwriting,asksthechiefexecutive to
remove her registered screening history from theregister.Page 236Current as at [Not applicable]
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 6 Health
information management[s 264](2)Assoonaspracticableafter6weeksfromreceivingtherequest, the chief executive must remove the
woman’s historyfromtheregister,unlessthewomanwithdrawsherrequestbefore the
period ends.(3)If the woman’s request states or
otherwise indicates that herregistered
screening history was included in the register when,underthispart,itshouldnothavebeenincluded,thechiefexecutive must
remove the history from the register as soon aspracticable
after receiving the request.264Duty
of chief executive to change identifying informationIf a
woman asks the chief executive to change her identifyinginformationbecausesheconsiderstheinformationisincorrect, the chief executive must comply
with the request assoon as practicable after its
receipt.265Chief executive may request
information(1)Thissectionappliesifthechiefexecutiveconsidersfurtherinformation about a woman’s registered
screening history orclinicalmanagementisrequiredtoensuretheaccuracy,completeness or
integrity of the register.(2)The chief
executive may give 1 or more of the following anoticerequiringthepersontogivethefurtherinformationstatedinthenoticetothechiefexecutivewithinthereasonable time stated in the
notice—(a)the person who performed the procedure
to obtain thePap smear, histological sample or HPV
sample;(b)ahealthpractitionerwhoisinvolvedintheclinicalmanagement of
the woman;(c)the director of a pathology laboratory
that tested a Papsmear,histologicalsampleorHPVsampleforthewoman.(3)The notice must warn the person that
failure to comply withthe notice is an offence under this
Act.Current as at [Not applicable]Page
237
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 6 Health information management[s
266](4)Apersongivenanoticeundersubsection (2)mustcomplywith the
notice.Maximum penalty—20 penalty units.(5)A person who gives information
requested under this sectionwho would
otherwise be required to maintain confidentialityabout the information given under an Act,
oath, rule of law orpractice—(a)does
not contravene the Act, oath, rule of law or practiceby
giving the information; and(b)isnotliabletodisciplinaryactionforgivingtheinformation.Note—See
for example theHospital and Health Boards Act 2011,
section 142.(6)Also,merelybecausethepersongivestheinformation,theperson can not be held to have—(a)breached any code of professional
etiquette or ethics; or(b)departedfromacceptedstandardsofprofessionalconduct.Division 5Confidentiality
of, and access to,registered screening histories ofwomen266Confidentiality of information(1)Arelevantpersonmustnot,whetherdirectlyorindirectly,disclose
confidential information.(2)Subsection (1)
does not apply if the disclosure is made undera disclosure
section.Maximum penalty—50 penalty units.(3)TheHospital and
Health Boards Act 2011, section 142, doesnotapplytoarelevantpersoninrelationtoconfidentialinformation.Page 238Current as at [Not applicable]
Public Health Act 2005Chapter 6 Health
information management[s 267]267Disclosure under an Act or another
lawSection 266(1)doesnotapplyifthedisclosureoftheconfidentialinformationbyarelevantpersonisauthorisedunder an Act or
another law.Notauthorised—indicativeonly268Disclosures about woman’s registered
screening history(1)If a relevant person receives a
written request from a womanfor her
registered screening history, the relevant person mustdisclose the registered screening history to
the woman.(2)Also, a relevant person may disclose
confidential informationif—(a)the
woman to whom the confidential information relatesgives her written consent for the
disclosure; or(b)the disclosure is made in a form that
does not identifyany woman.(3)Further,arelevantpersonmaydiscloseconfidentialinformationtoahealthserviceemployee,orpublicserviceemployeewithinthedepartment,whoisinvolvedinmaintainingtheaccuracy,completenessorintegrityofthedata making up the register.(4)Section 266(1) does not apply to the
disclosure of confidentialinformation by a relevant person under
this section.269Disclosure to Commonwealth, another
State orCommonwealth or State entity(1)Section 266(1) does not apply to the
disclosure of confidentialinformation by the chief executive
if—(a)the disclosure is to the Commonwealth
or another State,or an entity of the Commonwealth or another
State andthe disclosure—(i)is
required or allowed under an agreement—(A)betweenQueenslandandCommonwealth, State or entity; andtheCurrent as at [Not applicable]Page
239
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 6 Health information management[s
270](B)prescribedunderaregulationforthisparagraph;
and(ii)isconsideredbythechiefexecutivetobeinthepublic interest; or(b)thedisclosureistoanentityoftheStateandthedisclosure—(i)is
required or allowed under an agreement—(A)betweenthechiefexecutiveandtheentity;and(B)prescribedunderaregulationforthisparagraph;
and(ii)isconsideredbythechiefexecutivetobeinthepublic interest.(2)TheCommonwealth,aStateorentitythatreceivesconfidentialinformationunderanagreementundersubsection (1)—(a)must
not give it to anyone else unless allowed to do soby
the agreement or in writing by the chief executive;and(b)must ensure the
confidential information is used only forthe purpose for
which it was given under the agreement.270Disclosure to quality assurance
committeeSection 266(1) does not apply to the
disclosure of confidentialinformationbyarelevantpersonifthedisclosureistoaquality
assurance committee, or to a person authorised by thecommittee to receive the confidential
information, to allow thecommittee to perform its
functions.271Disclosure to allow chief executive to
actSection 266(1)doesnotapplyifthedisclosureoftheconfidential information by a relevant
person is to the chiefPage 240Current as at
[Not applicable]
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 6 Health
information management[s 272]executivetoallowthechiefexecutivetoactunderthisdivision.272Access to register by health
practitioners(1)Thissectionappliesifahealthpractitionerasksthechiefexecutive to
give the health practitioner a woman’s registeredscreening history.(2)Thechiefexecutivemaygivethehealthpractitionerawoman’s registered screening history if the
chief executive issatisfied, on reasonable grounds—(a)the woman is a patient of the health
practitioner; and(b)theregisteredscreeninghistorymayhelpthehealthpractitioner
make—(i)a clinical diagnosis about the woman;
or(ii)decisionsaboutclinicalmanagementforthewoman; or(iii)decisionsaboutthetimingforperformingaprocedureforobtaininganotherPapsmearfromthe
woman.(3)Subsection (2) does not
authorise—(a)thedisclosureofawoman’saddresstoahealthpractitioner; or(b)the
disclosure of information identifying another healthpractitionerorapathologylaboratory,withoutthewrittenconsentoftheotherhealthpractitionerorthedirectorofthepathologylaboratory,identifiedinthedisclosure.273Access to register by directors of, and
nominatedpersons at, pathology laboratories(1)Thedirectorofapathologylaboratorymaynominate,bynotice to the chief executive, a person or
persons employed atCurrent as at [Not applicable]Page
241
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 6 Health information management[s
273]thelaboratorytowhomawoman’sregisteredscreeninghistory may be given for the
laboratory.(2)Subsection (3) applies if—(a)a Pap smear, histological sample or
HPV sample from awomanhasbeensenttoapathologylaboratoryfortesting; and(b)the
director of, or a nominated person at, the pathologylaboratory asks the chief executive to give
the director ornominatedpersonthewoman’sregisteredscreeninghistory.(3)The
chief executive may give the director or nominated personthe
woman’s registered screening history if the chief executiveis
satisfied, on reasonable grounds—(a)the
director or person is interpreting results of the Papsmeartest,histologytestorHPVtestandmakingrecommendationsaboutclinicalmanagementforthewoman; or(b)thepathologylaboratoryhastestedaPapsmear,histological
sample or HPV sample for the woman andthedirectororpersonisassessingtheperformanceofthepathologylaboratoryinaccuratelyassessingtheproportionofcorrectpredictionsofdetectedlesions,including, for example, for quality
assurance purposes.(4)Subsection (3) does not
authorise—(a)the disclosure of a woman’s address to
the director of, ora nominated person at, a pathology
laboratory; or(b)thedisclosureofinformationidentifyingaparticularhealthpractitioneroranotherpathologylaboratory,without the
written consent of the health practitioner, orthe director of
the other pathology laboratory, identifiedin the
disclosure.Page 242Current as at
[Not applicable]
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 6 Health
information management[s 274]274Unauthorised access to registered screening
histories(1)Apersonmustnotknowinglyobtain,orattempttoobtain,from the
register or a health officer, confidential informationthe
person is not authorised under this part to obtain.Maximum penalty—50 penalty units.(2)In this section—health
officermeans—(a)the
chief executive; or(b)a health service employee, or a public
service employeewithin the department, involved in keeping
the registeror exercising powers involving the
register.275Health practitioners, directors and
nominated persons tokeep registered screening histories
confidential(1)Thissectionappliestoapersontowhomconfidentialinformation is
given under section 272 or 273.(2)The
person must not, whether directly or indirectly, disclosetheconfidentialinformationgiventotheperson,unlessthedisclosure is made under subsection (3) or
(4).Maximum penalty—50 penalty units.(3)Ahealthpractitionermaydiscloseawoman’sregisteredscreening
history to any of the following persons—(a)the
woman;(b)anotherhealthpractitionertowhomthehealthpractitioner has
referred, or intends to refer, the woman;(c)anotherhealthpractitionerwithwhomthehealthpractitionerconsidersitnecessaryordesirabletodiscuss the woman’s history for the clinical
managementfor the woman.(4)Thedirectorof,oranominatedpersonat,apathologylaboratorymaydiscloseawoman’sregisteredscreeninghistory to any of the following
persons—Current as at [Not applicable]Page
243
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 6 Health information management[s
276](a)the woman;(b)the
person who performed the procedure to obtain thePap
smear, histological sample or HPV sample;(c)adoctorthatthedirectorornominatedpersonissatisfied,onreasonablegrounds,isinvolvedintheclinical management for the
woman;(d)anotherpersonemployedatthepathologylaboratoryinvolved
in—(i)theinterpretationofPapsmeartests,histologytestsorHPVtests,totheextentthedirectorornominatedpersonconsidersitnecessaryordesirabletodiscussthehistorywiththeotherperson;
or(ii)assessingtheperformanceofthelaboratoryinaccuratelyassessingtheproportionofcorrectpredictionsofdetectedlesions,including,forexample, for quality assurance
purposes.276Chief executive to monitor access to
information(1)Thechiefexecutivemustputprocessesinplacetomonitoraccess to the
registered screening history of women by—(a)health practitioners; and(b)thedirectorsof,andnominatedpersonsat,pathologylaboratories.(2)The
processes for a health practitioner must allow the chiefexecutive to decide—(a)whetherthehealthpractitionerisaccessingonlytheregisteredscreeninghistoryforwomenforwhomthehealth practitioner is making—(i)clinical diagnoses; or(ii)decisions about
clinical management; or(iii)decisionsaboutthetimingforperformingprocedures for
obtaining Pap smears; andPage 244Current as at
[Not applicable]
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 6 Health
information management[s 277](b)whether someone else is accessing a woman’s
registeredscreeninghistoryotherthanthewoman’shealthpractitioner.(3)The
processes for a pathology laboratory must allow the chiefexecutive to decide—(a)whetherthedirectorof,ornominatedpersonsat,apathologylaboratoryareaccessingonlytheregisteredscreening
histories of women for whom the pathologylaboratory—(i)is
testing Pap smears, histological samples or HPVsamples,
interpreting the results of the Pap smeartests,histologytestsorHPVtestsandmakingrecommendationsaboutclinicalmanagementforthe
women; or(ii)testedPapsmears,histologicalsamplesorHPVsamples and the
director or nominated persons areassessingtheperformanceofthepathologylaboratory in
accurately assessing the proportion ofcorrectpredictionsofdetectedlesions,including,for example, for
quality assurance purposes; and(b)whether someone is accessing the registered
screeninghistoryofwomen,otherthanthedirectorof,oranominated person
at, the pathology laboratory.Division 6Agreements and arrangementsabout confidential information, anddesignation of particular persons277Agreement for sending out notice under
s 260, 261 or 262(1)The chief executive may enter into a
written agreement with aperson (thecontractor) for the
contractor to send out noticesunder section
260, 261 or 262 for the chief executive.Current as at
[Not applicable]Page 245
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 6 Health information management[s
278](2)The chief executive may disclose
confidential information tothe contractor
to the extent it is necessary for the contractor toperform the contractor’s functions under the
agreement.(3)For sending out a notice under section
260, 261 or 262—(a)the contractor may disclose
confidential information tothe contractor’s
employees and the persons to whom thenotices are
sent; and(b)thecontractor’semployeesmaydiscloseconfidentialinformation to
the persons to whom the notices are sent.(4)A
contractor, or an employee of the contractor, in receipt ofconfidential information must not give it to
another person, orusetheinformation,otherthanforsendingoutnoticesasmentioned in subsection (3).Maximum penalty for subsection (4)—50
penalty units.278Arrangements about transfer of
information(1)Thechiefexecutivemayarrangeforthetransferofconfidential information for inclusion in
the register requiredto be kept under section 230.(2)Apersondoesnotcommitanoffenceagainstsection 266merelybecausethepersondoessomethingunderthearrangement.279Chief
executive may designate particular persons ashealth
practitionersThe chief executive may, by gazette notice,
designate a personwhoperformsprocedurestoobtainPapsmearsasahealthpractitioner for
this part.Example—an enrolled
nurse working in a remote areaPage 246Current as at [Not applicable]
Notauthorised—indicativeonlyPart
3APublic Health Act 2005Chapter 6 Health
information management[s 279AA]Notifiable dust
lung diseasesDivision 1Preliminary279AADefinitions for partIn this
part—approved operatorsee section
279AD.healthpractitionermeansapersonregisteredundertheHealthPractitionerRegulationNationalLawtopractiseahealth profession, other than as a
student.notifiable dust lung disease, in
relation to a person, means arespiratory
disease prescribed by regulation that is caused byoccupationalexposuretoatypeofdustprescribedbyregulation.occupationalexposuremeansexposureofapersontodustoccurring,whollyorpartly,inthecourseoftheperson’swork.prescribed medical practitionermeans a medical practitionerwho
is member of a class of persons prescribed by regulation.registermeanstheNotifiableDustLungDiseaseRegisterestablished and
kept under section 279AB.regulatorsee the Work
Health and Safety Act 2011, schedule5.relevant chief executivemeans any of the
following persons—(a)the chief executive of the department
in which the CoalMining Safety and Health Act 1999 is
administered;(b)thechiefexecutiveofthedepartmentinwhichtheWorkers’ Compensation and Rehabilitation Act
2003 isadministered;(c)another chief executive prescribed by
regulation.Current as at [Not applicable]Page
247
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 6 Health information management[s
279AB]relevantemployeemeansapublicserviceemployeeinadepartmentforwhicharelevantchiefexecutivehasbeenappointed as the
chief executive.Division 2Notifiable Dust
Lung DiseaseRegister279AB
Register(1)The chief executive must establish and
keep a register of thenotifications about notifiable dust
lung diseases given to thechief executive under this
part.(2)Theregistermustinclude,foreachperson,includingeachdeceased person, for whom a
notificationaboutanotifiabledust lung
disease has been given, the information stated in thenotification.(3)The
chief executive may keep the register in a form the chiefexecutive considers appropriate, including
an electronic form.(4)TheregisteristobeknownastheNotifiableDustLungDisease
Register.279AC Purposes of registerThe
purposes of establishing and keeping the register are to—(a)monitorandanalysetheincidenceofnotifiabledustlung
diseases; and(b)enableinformationaboutnotifiabledustlungdiseasesto
be exchanged with an entity of the State.279AD Approved
operator may keep registerThechiefexecutivemayapproveaperson(anapprovedoperator) to
keep the register for the chief executive.Page 248Current as at [Not applicable]
Division 3Public Health Act
2005Chapter 6 Health information
management[s 279AE]Notifications
and giving ofinformation about notifiable dustlung
diseasesNotauthorised—indicativeonly279AEObligation under
this divisionAn obligation to notify or give information
under this divisionforapersonincludesanobligationtonotifyorgiveinformation for
a deceased person.279AF Obligation to notify chief
executive(1)Thissectionappliesifaprescribedmedicalpractitionerdiagnoses a
person as having a notifiable dust lung disease.(2)Theprescribedmedicalpractitionermust,withintheperiodprescribedbyregulation,givethechiefexecutiveanotification about the notifiable dust
lung disease unless thepractitioner has a reasonable
excuse.Maximum penalty—20 penalty units.(3)The notification must be in the
approved form.(4)However,subsection(2)doesnotapplyiftheprescribedmedicalpractitionerhasgiveninformationaboutthenotifiable dust lung disease
to—(a)the chief executive of the department
in which the CoalMining Safety and Health Act 1999 is
administered; or(b)a public service employee of the
department mentionedin paragraph (a); or(c)anothermedicalpractitioner,whoisauthorisedunderanActprescribedbyregulation,toprovideahealthassessment about
the person.279AG Further information may be
required(1)ThissectionappliesifthechiefexecutiveconsidersfurtherinformationisrequiredinrelationtoanotificationaboutaCurrent as at [Not applicable]Page
249
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 6 Health information management[s
279AH]notifiabledustlungdiseasetoensuretheaccuracyorcompleteness of the register.(2)Thechiefexecutivemay,bynotice,requireeitherofthefollowingpersonstogivethechiefexecutivestatedinformation—(a)theprescribedmedicalpractitionerwhogavethenotification;(b)anotherhealthpractitionerwhothechiefexecutivebelieves has information about the
notifiable dust lungdisease.(3)A
notice given under subsection (2) must—(a)statethereasonableperiodwithinwhichthepersonmust give the
information; and(b)warn the person that failure to comply
with the noticewithout reasonable excuse is an offence
under this Act.(4)Apersongivenanoticeundersubsection (2)mustcomplywith the notice
unless the person has a reasonable excuse.Maximum
penalty—20 penalty units.279AH Relevant chief executives to
notify(1)This section applies if a relevant
chief executive, or relevantemployee, has
been given information about a notifiable dustlung
disease.(2)If requested by the chief executive,
the relevant chief executivemust give the
information to the chief executive.279AIAuthorisation of giving of
information(1)Apersonwhogivesinformationincompliancewiththisdivisionwhowouldotherwiseberequiredtomaintainconfidentiality
about the information under an Act, oath, ruleof law or
practice—(a)doesnotcontravenetheAct,oath,ruleoflaworpractice by
giving the information; andPage 250Current as at [Not applicable]
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 6 Health
information management[s 279AJ](b)isnotliabletodisciplinaryactionforgivingtheinformation.(2)Also,merelybecausethepersongivestheinformation,theperson can not be held to have—(a)breached any code of professional
etiquette or ethics; or(b)departedfromacceptedstandardsofprofessionalconduct.Division 4Report about
register and relatedmatters279AJChief executive must report to
Minister(1)As soon as practicable after the end
of each financial year, butnot later than
30 September, the chief executive must give theMinister a
report stating—(a)the number of notifications given to
the chief executiveunder this part during the financial year;
and(b)the types of notifiable dust lung
diseases recorded in theregister during the financial year;
and(c)theactionsthedepartmenthastakentoimplementthepurposes of the register; and(d)anyotherinformationaboutanotifiabledustlungdisease the
chief executive considers appropriate.(2)However,thechiefexecutivemustnotincludepersonalinformation in the report.(3)The Minister must, as soon as
practicable after receiving thereport, table
the report in the Legislative Assembly.(4)In
this section—personalinformationmeansinformationoranopinion,includinginformationoranopinionformingpartoftheregister,whethertrueornot,andwhetherrecordedinamaterialformornot,aboutanindividualwhoseidentityisCurrent as at [Not applicable]Page
251
Public
Health Act 2005Chapter 6 Health information management[s
279AK]apparent,orcanreasonablybeascertained,fromtheinformation or opinion.Notauthorised—indicativeonlyDivision 5Confidentiality
and disclosure ofinformation279AK Definitions
for divisionIn this division—confidentialinformationmeansinformation,otherthaninformationthatispubliclyavailable,aboutaperson’spersonalaffairsorhealththathasbecomeknowntoarelevant person
in the course of performing a function under,or relating to
the administration of, this part.informationincludes a
document.relevant personmeansapersonwhois,orwas,anyofthefollowing persons—(a)the
chief executive;(b)a public service employee in the
department;(c)a relevant chief executive;(d)a relevant employee;(e)the regulator;(f)aprescribedmedicalpractitionerrequiredtogivethechief executive a notification under section
279AF(2);(g)apersonrequiredtogiveinformationundersection279AG(4);(h)an approved operator.279AL
Duty of confidentiality(1)Arelevantpersonmustnotdisclose,directlyorindirectly,confidentialinformationofanotherpersonunlessthedisclosure is permitted under this
division.Page 252Current as at
[Not applicable]
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 6 Health
information management[s 279AM]Maximum
penalty—50 penalty units(2)TheHospitalandHealthBoardsAct2011,section142or142Adoesnotapplytoarelevantpersoninrelationtoconfidential information.(3)In this section—relevant
personincludes a person who receives
informationunder section 279AO.279AM
Disclosure—generalA relevant person may disclose confidential
information—(a)totheextentnecessaryforthepersontoperformafunction, or comply with an obligation,
under this Act;or(b)if the
disclosure is authorised under an Act; or(c)ifthedisclosureisotherwiserequiredorpermittedbylaw;
or(d)if the person to whom the information
relates consentsto the disclosure; or(e)if
the disclosure is in a form that does not identify theperson to whom the information
relates.279AN Disclosure for data collection and
public healthmonitoring(1)The
chief executive, or another relevant person authorised bythe
chief executive, may disclose confidential information to apersonwhoiscontractedbythedepartmenttoanalyse,monitor or
evaluate public health.(2)A disclosure
under subsection (1) may only be made if—(a)the
person is authorised in writing by the chief executiveto
receive the confidential information; andCurrent as at
[Not applicable]Page 253
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 6 Health information management[s
279AO](b)thedisclosureandreceiptoftheconfidentialinformationisonlyforanalysing,monitoringorevaluating public health.279AO
Disclosure to entity of the State or corresponding entity(1)The chief executive may disclose
confidential information toanentityoftheStateoracorrespondingentityifthedisclosure is
required or permitted under an agreement—(a)between the chief executive, or the State,
and the entity;and(b)that is
prescribed by regulation.(2)An entity of the
State or a corresponding entity that receivesconfidentialinformationunderanagreementmentionedinsubsection (1)—(a)must
not disclose the information unless the disclosureis—(i)required or
permitted under the agreement; or(ii)permitted, in writing, by the chief
executive; and(b)must ensure the confidential
information is used only forthepurposeforwhichitwasdisclosedundertheagreement.(3)In
this section—corresponding entitymeans—(a)a department of the Commonwealth or
another State; or(b)anentityestablished,underanActoftheCommonwealth or another State, for a
public purpose.279AP Disclosure of information for
investigation underCoroners Act 2003(1)This
section applies if a coroner is investigating the death of aperson.Page 254Current as at [Not applicable]
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 6 Health
information management[s 279A](2)The
chief executive may give the coroner, or a police officerhelping the coroner to investigate the
death, information fromthe register that is relevant to the
person’s death.(3)Thecoronerorpoliceofficertowhomtheinformationisgiven,andanyoneelsetowhomtheinformationissubsequently given, must not use or disclose
the informationother than—(a)for
the purpose of the investigation; or(b)as
otherwise required or permitted under this or anotherAct.Part 4ResearchDivision 1Preliminary279AApplication of pt 4This part
applies to health information held by a health agencyif—(a)the information
relates to an individual; and(b)the
individual could be identified from the information.280Definitions for pt 4In
this part—biomedicalstudymeansastudyofthebiologicaldeterminantsofhealthanddiseasethatestablishesthebiological basis for preventing, treating
and curing disease.clinical and applied studymeans a study of the effectivenessof
strategies to diagnose and treat disease or illness.epidemiological studymeans a study of
the distribution anddeterminantsofhealth-relatedstatesoreventsinparticularpopulations.Current as at
[Not applicable]Page 255
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 6 Health information management[s
280A]evaluation and planning studymeans a study for—(a)appraisingormeasuringthevalueofahealthintervention;
or(b)designingandprojectingcurrentandfuturehealthservices.monitoring and
surveillance studymeans a study for keepingwatchoverthehealthofthepopulationorindividualstocontrolthespreadofdiseaseandmaintainhealthandwell-being.registermeans the Research Register.researchmeanssystematicinvestigationforthepurposeofadding to knowledge about human health and
well-being andincludes the following—(a)a
biomedical study;(b)a clinical and applied study;(c)an epidemiological study;(d)an evaluation and planning
study;(e)a monitoring and surveillance
study.Research Registersee section
288(3).280APart does not prevent disclosure under
other ActThis part does not prevent health
information held by a healthagency being
disclosed under this or another Act.Division 2Health information held by a healthagency for research281Chief
executive may give information(1)The
chief executive may give information under this part.Page
256Current as at [Not applicable]
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 6 Health
information management[s 282](2)To
enable the chief executive to give information under thispart, a relevant person may give information
under this part tothe chief executive.(3)ThechiefexecutiveorarelevantpersonmaygivetheinformationdespiteanyotherprovisionofthisActoranyprovisionofanotherlawthatdealswithconfidentiality,including, for
example, theHospital and Health Boards Act2011, section
142.(4)In this section—relevantpersonmeansapersonwhohasaccesstohealthinformation held
by a health agency, including, for example, ahealth service
employee or a public service employee.282Application to chief executive for
information(1)A person may apply in writing to the
chief executive to begiven health information held by a
health agency for researchbeing conducted by the person or by an
entity of which theperson is a member.(2)The
application must state the following—(a)a
description of the research that includes—(i)the
purpose of the research; and(ii)the
methodology of the research;(b)the
type of information required;(c)the
reasons the information is required;(d)howtheprivacyofanyindividualidentifiedwillbeprotected;(e)if
the information will be needed at intervals during theresearch, details of the intervals;(f)the name of the person or entity
proposing to conductthe research;(g)thenamesofallpersonswhowillbegiventheinformation for the research;Current as at [Not applicable]Page
257
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 6 Health information management[s
283](h)the duration of the research;(i)the views of a human research ethics
committee aboutthe research including contact details for
the committee.283Further information or documents to
support application(1)Thissectionappliesifthechiefexecutiveconsidersfurtherinformation is required to help the chief
executive decide anapplication for health information held by a
health agency.(2)Thechiefexecutivemay,bynoticegiventotheapplicant,requiretheapplicanttogivethechiefexecutive,withinthereasonable time stated in the notice,
further information or adocument about the application.(3)Therequirementmayonlyrelatetoinformationoradocument that is necessary and
reasonable to help the chiefexecutive decide
the application.(4)If the applicant fails to comply with
the requirement withinthe stated time, the applicant is
taken to have withdrawn theapplication.284Decision about application(1)The chief executive must consider the
application for healthinformation held by a health agency as
soon as practicable andeither grant or refuse the
application.(2)The chief executive may grant the
application only if the chiefexecutive is
satisfied—(a)thegivingofthehealthinformationheldbyahealthagency is in the public interest, having
regard to—(i)theopportunitiestheresearchwillprovideforincreasedknowledgeandimprovedhealthoutcomes; and(ii)theprivacyofindividualstowhomthehealthinformation
relates; andPage 258Current as at
[Not applicable]
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 6 Health
information management[s 285](b)theidentificationofanypersonbytheinformationisnecessary for the relevant research.(3)Ifthechiefexecutivedecidestogranttheapplication,thechief executive must immediately give notice
of the decisionunder section 285 to the applicant.(4)An application may be granted subject
to the conditions thechief executive considers necessary or
desirable including, forexample, the following—(a)that the person or entity conducting
the research mustpaytheState’sreasonablecostsofgivingtheinformation;(b)that
information given for research must be handled in aconfidential and secure way;(c)that measures must be put in place to
ensure researchersareawareofandcomplywithethicalrequirementsrelevant to the
conduct of the research;(d)that measures
must be put in place to provide feedbackto the chief
executive on the progress and results of theresearch.(5)If the chief executive decides to
grant an application subject toconditions,thechiefexecutivemustimmediatelygivetheapplicant notice of, and the reasons
for, the conditions.(6)Ifthechiefexecutivedecidestorefusetheapplication,thechief executive must immediately give the
applicant notice ofthe refusal and the reasons for the
refusal.(7)Thechiefexecutiveisnotrequiredtoconsultwithanindividual to whom the information
relates before granting anapplication.285What
notice must state(1)The notice under section 284(3) must
state the following—(a)thenameofthepersonorentityconductingtheresearch;Current as at
[Not applicable]Page 259
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 6 Health information management[s
286](b)thenamesofallpersonswhomaybegiventheinformation for the research;(c)a description of the research,
including the purpose andmethodology of the research;(d)thetypeofinformationtobegivenand,iftheinformationistobegivenatintervals,detailsoftheintervals;(e)if
the application was granted subject to conditions, theconditions;(f)the
period for which the application has been granted.(2)Ifanapplicationisgrantedsubjecttoacondition,theapplicantmustcomplywiththecondition,unlesstheapplicant has a reasonable
excuse.Maximum penalty for subsection (2)—50
penalty units.286Notification of change of persons
being giveninformation(1)This
section applies if the names of persons who will be giventhe
information for the research changes.(2)The
person for the time being in charge of the research mustgive
notice to the chief executive as soon as practicable afterthe
change.Maximum penalty—20 penalty units.287Chief executive may rescind decision
to give information(1)This section applies if this part is
contravened in relation tohealth information given under this
part.(2)The chief executive may rescind the
chief executive’s decisionto give the information.Page
260Current as at [Not applicable]
Division 3Public Health Act
2005Chapter 6 Health information
management[s 288]Establishment of
registerNotauthorised—indicativeonly288Register of approved applications for
health informationheld by a health agency(1)Thechiefexecutivemustestablishandkeeparegisterofgranted applications for health information
held by a healthagency stating—(a)the
type of information to be given for the research; and(b)a description of the research;
and(c)thenameofthepersonorentityconductingtheresearch; and(d)the
period for which the application has been granted.(2)Theregistermaybekeptinaformthechiefexecutiveconsiders appropriate, including an
electronic form.(3)The register is to be known as the
Research Register.289Access to register(1)The
chief executive must give a person access to the registerand,
if requested, a copy of all or part of the register.(2)The chief executive may charge a
reasonable fee for copyingthe register.Division 4Use
and disclosure of informationsupplied for
research290Restriction on inconsistent use of
informationApersongivenhealthinformationheldbyahealthagencyunderthispartmustnotusetheinformationforapurposeinconsistentwiththeresearchforwhichtheinformationisprovided.Maximum
penalty—50 penalty units.Current as at [Not applicable]Page
261
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 6 Health information management[s
291]291Restriction on disclosure of
information(1)Apersongivenhealthinformationheldbyahealthagencyunderthispartmustnotdisclosetheinformation,whetherdirectly or indirectly.Maximum
penalty—50 penalty units.(2)Subsection (1)
does not apply if—(a)thedisclosureistoapersonnamedinanoticeundersection 284(3) or 286 as a person who will
be given theinformation for the research; or(b)the disclosure is made with the
written consent of theperson to whom the information
relates; or(c)the disclosure is made in a form the
person reasonablybelieves could not identify any person;
or(d)the disclosure is authorised under an
Act or another law.(3)TheHospital and
Health Boards Act 2011, section 142, doesnot
apply to a person in relation to information given to theperson under this part for research.292Use of health information held by a
health agency(1)TheMinistermay,bygazettenotice,declareinformationgiven to a
person under division 2 to be protected information.(2)TheMinistermaymakeadeclarationundersubsection (1)onlyiftheMinisterreasonablybelievesitisinthepublicinterest to do
so.(3)If the Minister makes a declaration
under subsection (1), theprotected information—(a)cannotbeaccessedunderanyorder,whetherofajudicial or
administrative nature, other than an order forthe purpose of
this Act; and(b)isnotadmissibleinanyproceeding,otherthanaproceeding under this Act.(4)Apersoncannotbecompelledtoproducetheprotectedinformation,ortogiveevidencerelatingtotheprotectedPage 262Current as at [Not applicable]
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 7 Public
health inquiries[s 293]information, in
any proceeding, other than a proceeding underthis Act.(5)Subsections (3)(b)and(4)donotapplyiftheprotectedinformation is
admitted or produced, or evidence relating totheinformationisgiven,withtheconsentofthepersontowhom
the information relates.(6)Nothing in this
section limits access to protected informationbythechiefexecutiveorapersonauthorisedbythechiefexecutive.(7)In
this section—orderincludes a
direction or other process.Chapter 7Public health inquiries293Definitions for ch 7In this
chapter—chairperson,ofapanel,meansthepersoncomprisingthepanel under this chapter or, if the panel
consists of more than1 member, the person named as
chairperson by the Minister,by gazette
notice.panelmeansthepanelofinquiryestablishedundersection 294.witness
requirement noticesee section 305(1).294Minister may establish or re-establish
panels of inquiry(1)TheMinistermay,bygazettenotice,establishapanelofinquiry to inquire into a matter the
Minister considers to be aserious public health matter.(2)The notice, or a later gazette notice,
may state matters relevantto the inquiry including, for
example—Current as at [Not applicable]Page
263
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 7 Public health inquiries[s
295](a)the membership of the panel;
and(b)ifthepanelconsistsofmorethan1member,thechairperson of the panel; and(c)the panel’s terms of reference.(3)The Minister may take action under
this section for a seriouspublichealthmatterwhetherornotapanelofinquiryhaspreviously inquired into the matter.295Role of panel of inquiry(1)The panel of inquiry must—(a)inquireintothecircumstancesandprobablecausesofthe serious public health matter;
and(b)give the Minister a written report of
the panel’s findings.(2)Thereportmaycontaintherecommendationsthepanelconsiders
appropriate and other relevant matters.(3)The
Minister must table a copy of the report in the LegislativeAssembly within 14 sitting days after
receiving the report.(4)However, if the
panel gives the Minister a separate report ofissuesthepanelconsidersshouldnotbemadepublic,theMinister need not table the separate
report in the LegislativeAssembly.296Conditions of appointment(1)A member of the panel of inquiry is
entitled to be paid theremunerationandallowancesdecidedbytheGovernorinCouncil.(2)A
member holds office on conditions not provided by this Actthat
are decided by the Minister.Page 264Current as at [Not applicable]
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 7 Public
health inquiries[s 297]297Chief
executive to arrange for services of staff andfinancial matters
for panel of inquiryAs soon as practicable after the panel
of inquiry is established,the chief executive must consult with
the chairperson of thepanel about and arrange for—(a)the services of public service
employees, health serviceemployees and other persons to be made
available to thepanel for the conduct of the inquiry;
and(b)financial matters relevant to the
panel.298Procedure(1)When
conducting its inquiry, the panel of inquiry must—(a)observe natural justice; and(b)actasquickly,andwithaslittleformalityandtechnicality,asisconsistentwithafairandproperconsideration of
the issues.(2)In conducting the inquiry, the
panel—(a)is not bound by the rules of evidence;
and(b)may inform itself in any way it
considers appropriate,including by holding hearings;
and(c)maydecidetheprocedurestobefollowedfortheinquiry.(3)However,thepanelmustcomplywiththischapterandanyprocedural rules
prescribed under a regulation.(4)The
panel may allow or refuse to allow a person, including alawyer, to represent someone else at the
inquiry.(5)The chairperson of the panel of
inquiry presides at the inquiry.299Notice of inquiryThe chairperson
of the panel of inquiry must give at least 14days notice of
the time and place of the inquiry to any personCurrent as at
[Not applicable]Page 265
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 7 Public health inquiries[s
300]thechairpersonreasonablybelievesshouldbegiventheopportunity to appear at the inquiry.300Inquiry to be held in public other
than in specialcircumstances(1)An
inquiry must be held in public.(2)However, the panel of inquiry may, of its
own initiative or onthe application of a person appearing
before or represented atthe inquiry, direct that the inquiry,
or a part of the inquiry, beheld in private,
and give directions about the persons who maybe
present.(3)The panel may give a direction under
subsection (2) only if itissatisfiedthatitispropertodosointhespecialcircumstances of
the case.301Protection of members, legal
representatives andwitnesses(1)A
member of the panel of inquiry has, in the performance ofthe
member’s duties, the same protection and immunity as aSupreme Court judge performing the functions
of a judge.(2)Alawyerorotherpersonappearingbeforethepanelforsomeoneelsehasthesameprotectionandimmunityasabarrister appearing for a party in a
proceeding in the SupremeCourt.(3)Apersongivenawitnessrequirementnoticetoattendorappearingbeforethepanelasawitnesshasthesameprotection as a
witness in a proceeding in the Supreme Court.302Record of proceedings to be keptThe
panel of inquiry must keep a record of its proceedings.Page
266Current as at [Not applicable]
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 7 Public
health inquiries[s 303]303Procedural fairness and
representationIn the conduct of the inquiry, the panel of
inquiry must giveanyonedirectlyconcernedinthematterthesubjectoftheinquirytheopportunityofmakingadefencetoallclaimsmade against the
person, either in person or by the person’slawyer or
representative.304Panel’s powers on inquiry(1)In conducting the inquiry, the panel
of inquiry may—(a)actintheabsenceofanypersonwhohasbeengivenreasonablenoticeoftheinquiryundersection
299orsome other reasonable notice;
and(b)receive evidence on oath or by
statutory declaration; and(c)adjourn the
inquiry; and(d)disregard any defect, error, omission
or insufficiency ina document.(2)A
member of the panel may administer an oath to a personappearing as a witness before the
inquiry.305Notice to witness(1)The
chairperson of the panel of inquiry may, by notice givento a
person (awitness requirement notice),
require the persontoattendtheinquiryatastatedtimeandplacetogiveevidence or
produce stated documents or things.(2)A
person required to appear as a witness before the panel isentitled to the witness fees prescribed
under a regulation or, ifnowitnessfeesareprescribed,thereasonablewitnessfeesdecided by the
chairperson.306Inspection of documents or other
things(1)Ifadocumentorotherthingisproducedtothepanelofinquiry at the inquiry, the panel
may—Current as at [Not applicable]Page
267
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 7 Public health inquiries[s
307](a)inspect the document or other thing;
and(b)make copies of, photograph, or take
extracts from, thedocument or other thing if it is relevant to
the inquiry.(2)The panel may also take possession of
the document or otherthing, and keep it while it is
necessary for the inquiry.(3)Whileitkeepsadocumentorotherthing,thepanelmustpermitapersonotherwiseentitledtopossessionofthedocument or thing to inspect, make
copies of, photograph, ortakeextractsfrom,thedocumentorthing,atareasonableplace and time
the panel decides.307Inquiry may continue despite court
proceeding unlessotherwise orderedThe panel of
inquiry may conduct the inquiry, and a reportmaybepreparedorgiven,despiteaproceedingbeforeanycourt or tribunal, unless a court or
tribunal with the necessaryjurisdiction
orders otherwise.308Offences by witnesses(1)A person given a witness requirement
notice—(a)mustnotfail,withoutreasonableexcuse,toattendasrequired by the notice; and(b)must not fail, without reasonable
excuse, to continue toattendasrequiredbythechairpersonofthepanelofinquiry until excused from further
attendance.Maximum penalty—100 penalty units.(2)A person appearing as a witness at the
inquiry must not fail—(a)to take an oath
when required by the chairperson of thepanel; or(b)withoutreasonableexcuse,toansweraquestiontheperson is required to answer by a member of
the panel;orPage 268Current as at
[Not applicable]
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 7 Public
health inquiries[s 309](c)withoutreasonableexcuse,toproduceadocumentorotherthingthepersonisrequiredtoproduceunderawitness requirement notice.Maximum penalty—100 penalty units.(3)It is not a reasonable excuse for
subsection (2)(b) or (c) thatansweringthequestionorproducingthedocumentorotherthing might tend
to incriminate the person.(4)Thefollowingisnotadmissibleinevidenceagainstanindividual in any civil or criminal
proceeding—(a)any answer given at the inquiry by the
individual, andany document or other thing produced at the
inquiry bytheindividualandthefactofthatproduction,inresponse to a requirement under this chapter
(primaryevidence);(b)any information,
or document or other thing, obtained asa direct or
indirect result of primary evidence (derivedevidence).(5)Subsection (4) does not prevent
primary evidence or derivedevidence being
admitted in evidence in criminal proceedingsabout the
falsity or misleading nature of the primary evidence.309False or misleading statementsA
person must not state anything to the panel of inquiry thatthepersonknowsisfalseormisleadinginamaterialparticular.Maximum
penalty—200 penalty units.310False or
misleading documents(1)A person must
not give to the panel of inquiry a documentcontaininginformationthepersonknowsisfalseormisleading in a material particular.Maximum penalty—200 penalty units.Current as at [Not applicable]Page
269
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 7 Public health inquiries[s
311](2)Subsection (1) does not apply to a
person who, when givingthe document—(a)informs the panel, to the best of the
person’s ability, howit is false or misleading; and(b)ifthepersonhas,orcanreasonablyget,thecorrectinformation—gives the correct information to
the panel.311Contempt of panelA person must
not—(a)insult the panel of inquiry; or(b)deliberately interrupt the inquiry;
or(c)create or continue, or join in
creating or continuing, adisturbanceinornearaplacewherethepanelisconducting its inquiry; or(d)do anything that would be contempt of
court if the panelwere a judge acting judicially.Maximum penalty—100 penalty units.312Report of offences(1)If
the panel of inquiry considers material before it discloses
anoffence,itmayreporttheoffenceto1ormoreofthefollowingandmaymakeavailabletothemallrelevantmaterial in the
panel’s possession—(a)the commissioner of the police
service;(b)the Crime and Corruption
Commission;(c)the director of public
prosecutions;(d)the chief executive of the department
in which the Actcreating the offence is administered.(2)Subsection (1)doesnotapplytomaterialtowhichsection 308(4)
applies.Page 270Current as at
[Not applicable]
Public Health Act 2005Chapter 7A
Pollution events[s 313]313Change of membership of panelThe
conduct of the inquiry, other than a panel consisting of 1member, is not affected by a change in its
membership.Notauthorised—indicativeonlyChapter 7APollution
eventsPart 1Preliminary313APurpose of chapterThe purpose of
this chapter is to enable the chief executive totakeactiontorespondtoapollutioneventinawaythatinforms the
public of—(a)the potential risk to public health;
and(b)if appropriate, any actions necessary
to avoid or reducethe effect of the pollution event on public
health.313BDefinitions for chapterIn
this chapter—pollution eventsee section
313C.pollution notice, in relation to
a pollution event, see section313D.publishincludes—(a)publish in writing or in any other
form of media; and(b)cause to be published.313CMeaning of pollution eventApollution eventis the release
or dispersal of a contaminantor pollutant
that may adversely affect public health.Current as at
[Not applicable]Page 271
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 7A Pollution events[s
313D]313DMeaning of pollution noticeApollution notice, in relation to
a pollution event, is a noticegiven by, or at
the direction of, the chief executive that statesthe
following—(a)to the extent it can be reasonably
identified by the chiefexecutive—the nature of the pollution
event;(b)theareathatis,ormaybe,affectedbythepollutionevent;(c)the nature, type and duration of any
action that may berequiredtoavoidorreducetheeffectofthepollutionevent on public
health;(d)anyothermatterthechiefexecutiveconsidersappropriate for
the pollution event.Part 2Pollution
notices313EChief executive may give direction to
publish pollutionnotice(1)This
section applies if the chief executive is satisfied—(a)a pollution event has occurred;
and(b)a person is responsible for the
pollution event; and(c)it is necessary
to inform the public about the pollutioneventandactionstoavoidorreducetheeffectofthepollution event on public
health.(2)The chief executive may, by notice
given to the person, directthepersontopublishapollutionnoticeinrelationtothepollution event—(a)by a
stated date; and(b)in a stated way; and(c)inastatedareathatis,ormaybe,affectedbythepollution event.Page 272Current as at [Not applicable]
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 7A
Pollution events[s 313F](3)Apersontowhomadirectionisgivenundersubsection(2)mustpublishapollutionnoticeincompliancewiththedirection unless the person has a
reasonable excuse.Maximum penalty—200 penalty units.313FChief executive may publish pollution
notice(1)This section applies if the chief
executive is satisfied—(a)the person
responsible for a pollution event—(i)can
not be identified; or(ii)would not be
able to comply with a direction givenunder section
313E; or(b)a person has been given a direction
under section 313Etopublishapollutionnoticeinrelationtoapollutionevent but the
person—(i)hasnotpublishedapollutionnoticebythedatestated in the direction; or(ii)has otherwise
not complied with the direction; or(c)thepollutioneventis,oriscausedby,anaturally–occurring
event.(2)Thechiefexecutivemay,inrelationtothepollutionevent,publish a pollution notice—(a)on the department’s website;
and(b)inanyotherwaythechiefexecutiveconsidersappropriate.313GSteps required before giving direction or
publishingpollution notice(1)This
section applies if the chief executive is considering—(a)giving a direction in relation to a
pollution event undersection 313E; orCurrent as at
[Not applicable]Page 273
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 7A Pollution events[s
313H](b)publishingapollutionnotice inrelationtoapollutionevent under
313F.(2)Before giving the direction or
publishing the pollution notice,thechiefexecutivemustconsultwith,andconsideradvicegiven by, a relevant public service officer
about—(a)thecontaminantorpollutantthathascaused,ormayhave caused, the pollution event;
and(b)any other matter the chief executive
considers relevant.(3)In this section—relevant public
service officermeans a public service officerwho
the chief executive considers has, or is likely to have, thenecessaryexpertiseandexperiencetoadvisethechiefexecutive about
the pollution event.Part 3Compensation313HCompensation(1)A
person may claim compensation from the State if the personincurs loss because of the exercise, or
purported exercise, of apowerbyorforthechiefexecutiveunderthischapter,including a loss
arising from compliance with a requirementmade of the
person under this chapter.(2)However,subsection (1)appliesonlyinrelationtolossarisingfromanaccidental,negligentorunlawfulactoromission.(3)Thecompensationmaybeclaimedandorderedinaproceedingbroughtinacourtwithjurisdictionfortherecovery of the amount of compensation
claimed.(4)A court may order the payment of the
compensation only if itis satisfied it is just to make the
order in the circumstances ofthe particular
case.(5)Inconsideringwhetheritisjusttoordercompensation,thecourt must have regard to—Page
274Current as at [Not applicable]
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 8 Public
health emergencies[s 314](a)the
nature of the pollution event and the risk to publichealth; and(b)whetherthelossarosefromthepublicationofapollution notice in relation to the
pollution event.(6)A regulation may prescribe other
matters that may, or must,be taken into account by the court
when considering whetherit is just to order
compensation.(7)In this section—lossincludes costs and damage.Chapter 8Public health
emergenciesPart 1Preliminary314Purpose of ch 8The purpose of
this chapter is to declare and respond to—(a)public health emergencies; and(b)emergencynotifiableconditionshappeningduringadeclared public health emergency.315Definitions for ch 8In
this chapter—controllednotifiableconditionsdeclarationseesection 327(2).declaredpublichealthemergencymeansapublichealthemergencydeclaredbytheMinisterbypublichealthemergency order.Current as at
[Not applicable]Page 275
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 8 Public health emergencies[s
316]detentionordermeansanorderbyanemergencyofficer(medical) under section 349 for the
detention of a person.emergencynotifiableconditionmeansamedicalconditionthatisnotprescribedunderaregulationasacontrollednotifiable
condition and includes the following—(a)a
previously unknown infectious medical condition;(b)apreviouslyunknownstrainorvariantofaknowninfectious
medical condition;(c)apreviouslyknowninfectiousmedicalconditionorapreviouslyknownstrainorvariantofaninfectiousmedical
condition.emergencyofficermeansapersonappointedunderthischapter as—(a)an
emergency officer (general); or(b)an
emergency officer (medical).emergency
officer (general)means a person appointed underthis
chapter as an emergency officer (general).emergency
officer (medical)means a doctor appointed underthis
chapter as an emergency officer (medical).public health
emergencymeans an event or a series of eventsthat
has contributed to, or may contribute to, serious adverseeffects on the health of persons in
Queensland.public health emergency areasee
section 320(b).public health emergency ordersee
section 319(2).316Relationship to other Acts(1)NothinginthischapterpreventsapersonfromdeclaringadisastersituationoranotheremergencyunderanotherAct(another
declaration).(2)However,theexistenceofanotherdeclarationdoesnotpreventthedeclarationofapublichealthemergencyunderthis
chapter.Page 276Current as at
[Not applicable]
Public Health Act 2005Chapter 8 Public
health emergencies[s 317]Examples of
other Acts—•Fire and Emergency Services Act
1990•Public Safety Preservation Act
1986Notauthorised—indicativeonly317Other Acts not affectedThis
chapter is in addition to, and does not limit—(a)theFire and Emergency Services Act
1990; or(b)thePublic Safety Preservation Act
1986, part 3.318Powers under this chapter and powers under
other ActsThe powers under this chapter are in
addition to and do notlimit the powers a person has under
another part of this Act oranother
Act.Examples of powers a person may have under
another part or anotherAct—•the
chief executive’s power to issue a chief executive’s order
underchapter 3, part 4, division 2•a police officer’s general power of
entry under thePolice Powersand
Responsibilities Act 2000, section 19Part 2Declaring a public healthemergency319Declaration of public health
emergency(1)This section applies if the Minister
is satisfied—(a)there is a public health emergency;
and(b)it is necessary to exercise powers
under this chapter toprevent or minimise serious adverse
effects on humanhealth.(2)TheMinistermaydeclareapublichealthemergencybyasigned written order (apublic health emergency order).Current as at [Not applicable]Page
277
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 8 Public health emergencies[s
320](3)However,beforedeclaringapublichealthemergencytheMinister must, if practicable, consult with
the chief executiveand the chief health officer.(4)Ifithasnotbeenpracticabletoconsultwiththechiefexecutive or the
chief health officer under subsection (3), theMinistermustconsultassoonaspracticableafterthedeclaration of the public health
emergency.(5)Apublichealthemergencyordertakeseffectfromitsdeclaration by the Minister by signed
written order.320What public health emergency order
must stateA public health emergency order must
state—(a)the nature of the public health
emergency; and(b)theareatowhichtheorderrelates(apublichealthemergency area); and(c)the duration of the order; and(d)any conditions relating to the conduct
of the response tothe declared public health emergency.321Publication of declaration(1)The Minister must publish a public
health emergency order assoon as practicable after it is
declared—(a)by gazette notice; and(b)bynewspaper,radioortelevisioninthepublichealthemergency area.(2)Toensurepublicknowledgeofapublichealthemergencyorder, the
Minister must give widespread publicity to the orderbut
failure to do so does not affect the order.322Duration of declared public health
emergencyA declared public health emergency—Page
278Current as at [Not applicable]
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 8 Public
health emergencies[s 323](a)starts when it is declared under section
319(2); and(b)unless either of the following
happens, ends 7 days afterthe day it is declared—(i)the Minister sooner ends the declared
public healthemergency under section 324(1);(ii)a regulation
extends, under section 323, the periodofthedeclaredpublichealthemergencybeyondthe end of the 7
days.323Extending declared public health
emergency(1)A regulation may extend, or from time
to time further extend,the period of a declared public health
emergency.(2)A regulation made under this section
commences on the day itis made whether or not it is notified
on that day.(3)A regulation extending the period of a
declared public healthemergency expires 14 days after the
public health emergencyisdeclaredunlessitissoonerrepealedoritexpiresundersection
324(3).(4)A regulation further extending the
period of a declared publichealth
emergency—(a)must state the period, of not more
than 7 days, by whichthe declared public health emergency
is extended; and(b)expires at the end of the stated
period unless it is soonerrepealed or it expires under section
324(3).(5)Subsection (2)appliesdespitetheStatutoryInstrumentsAct1992, section
32.324Ending declared public health
emergency(1)As soon as the Minister is satisfied
it is no longer necessary toexercisepowersunderthischaptertopreventorminimiseseriousadverseeffectsonhumanhealth,theMinistermustend
the declared public health emergency.Current as at
[Not applicable]Page 279
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 8 Public health emergencies[s
325](2)IftheMinisterendsthedeclaredpublichealthemergencyunder subsection (1), the Minister must make
a written recordofthetimeanddatethedeclaredpublichealthemergencyended.(3)A
regulation extending or further extending a declared publichealthemergencyexpireswhenthedeclaredpublichealthemergency ends
under this section.325Publication of ending of declared
public healthemergency(1)TheMinistermustpublishtheendingofapublichealthemergency as soon as practicable after it is
made—(a)by gazette notice; and(b)bynewspaper,radioortelevisioninthepublichealthemergency area.(2)To
ensure public knowledge of the ending of a public healthemergency, the Minister must give widespread
publicity to theending.326Public health emergency order may be
amended(1)ApublichealthemergencyordermaybeamendedbytheMinister by signed written
order.(2)The provisions of this part about when
an order takes effectand about the publication, publicity
and consultation for theorderapplytotheamendmentofanorderasifitweretheorder being amended.Part 3Emergency notifiableconditions327Declaration of emergency notifiable
condition ascontrolled notifiable condition(1)This section applies if the Minister
is satisfied—Page 280Current as at
[Not applicable]
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 8 Public
health emergencies[s 328](a)an
emergency notifiable condition exists; and(b)itisappropriate,havingregardtothenatureofthedeclaredpublichealthemergency,todeclaretheemergencynotifiableconditiontobeacontrollednotifiable
condition.(2)The Minister may declare the emergency
notifiable conditiontobeacontrollednotifiableconditionbyasignedwrittendeclaration
(acontrolled notifiable conditions
declaration).(3)However, before
declaring an emergency notifiable conditiontobeacontrollednotifiableconditiontheMinistermust,ifpracticable,consultthechiefexecutiveandthechiefhealthofficer.(4)Ifithasnotbeenpracticabletoconsultwiththechiefexecutive or the
chief health officer under subsection (3), theMinistermustconsultassoonaspracticableafterthedeclaration.(5)Toremoveanydoubt,itisdeclaredthatanemergencynotifiableconditiondeclaredtobeacontrollednotifiableconditionundersubsection
(2)isacontrollednotifiablecondition for
chapter 3.328What controlled notifiable conditions
declaration muststate(1)A
controlled notifiable conditions declaration must state—(a)the general nature of the emergency
notifiable conditionincluding, for example, signs and
symptoms that may beassociated with the condition;
and(b)the period for which the emergency
notifiable conditionis declared to be a controlled
notifiable condition.(2)The declaration
may continue after the declared public healthemergency
ends.Current as at [Not applicable]Page
281
Public
Health Act 2005Chapter 8 Public health emergencies[s
329]329Publication of declarationThe
Minister must publish a controlled notifiable conditionsdeclaration by gazette notice as soon as
practicable after it isdeclared.Notauthorised—indicativeonly330Duration of
controlled notifiable conditions declarationThe controlled
notifiable conditions declaration—(a)starts when it is declared under section
327(2); and(b)ends 28 days after the day it is
declared.331Controlled notifiable conditions
declaration may beamended(1)Acontrollednotifiableconditionsdeclarationmaybeamended by the Minister by signed
written declaration.(2)Theprovisionsofthispartaboutwhenadeclarationtakeseffectandaboutpublicationandconsultationforthedeclaration apply to the amendment of
a declaration as if itwere the declaration being
amended.Part 4Role of chief
executive332Coordination responsibility(1)Onthedeclarationofapublichealthemergency,thechiefexecutiveisresponsiblefortheoverallmanagementandcontrol of the response to the
emergency.(2)The chief executive is taken to
be—(a)if the chief executive is a doctor—an
emergency officer(medical) and has and may exercise all the
powers anemergencyofficer(medical)mayexerciseunderthischapter;
or(b)ifthechiefexecutiveisnotadoctor—anemergencyofficer(general)andhasandmayexerciseallthePage 282Current as at
[Not applicable]
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 8 Public
health emergencies[s 333]powersanemergencyofficer(general)mayexerciseunder this
chapter.(3)Forcoordinatingtheresponsebyemergencyofficerstothedeclaredpublichealthemergency,thechiefexecutivemaygivedirectionsaboutthecircumstancesinwhichpowersavailabletoemergencyofficersunderthischaptermaybeexercised.(4)A
direction given under subsection (3)—(a)maybegeneralorlimitedtoaparticularclassofemergency officers; and(b)may be given on conditions.Part
5Appointment of emergencyofficers333Appointment of emergency officers
(general)(1)The chief executive may by instrument
appoint the followingpersonsasemergencyofficers(general)fordeclaredpublichealth emergencies—(a)public service officers or employees;(b)health service employees;(c)persons employed by a local
government;(d)SES members under theFireandEmergencyServicesAct
1990;(e)other persons
prescribed under a regulation.(2)Anappointmentundersubsection (1)(c)isforthelocalgovernment’s area and any other local
government area statedin the appointment.(3)Foranappointmentundersubsection (1)(c),thechiefexecutive must,
before appointing a person, obtain agreementto the
appointment from the chief executive officer of the localgovernment that employs the person.Current as at [Not applicable]Page
283
Public
Health Act 2005Chapter 8 Public health emergencies[s
334](4)An appointment under subsection (1)
may be made before orafter the declaration of a public
health emergency.Notauthorised—indicativeonly334Qualifications
for appointment as emergency officer(general)The
chief executive may appoint a person as an emergencyofficer(general)onlyifthechiefexecutiveconsidersthepersonhasthenecessaryexpertiseandexperiencetobeanemergency
officer (general).335Appointment of emergency officers
(medical)(1)Thechiefexecutivemaybyinstrumentappointdoctorsasemergencyofficers(medical)fordeclaredpublichealthemergencies if
they are—(a)public service officers or employees;
or(b)health service employees; or(c)other persons prescribed under a
regulation.(2)An appointment under subsection (1)
may be made before orafter the declaration of a public
health emergency.336Qualifications for appointment as
emergency officer(medical)Thechiefexecutivemayappointadoctorasanemergencyofficer(medical)onlyifthechiefexecutiveconsidersthedoctorhasthenecessaryexpertiseandexperiencetobeanemergency
officer (medical).337Appointment conditions(1)An emergency officer holds office on
the conditions stated inthe instrument of appointment.(2)Anemergencyofficermayresignbysignednoticeofresignation given to the chief
executive.Page 284Current as at
[Not applicable]
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 8 Public
health emergencies[s 338]338Chief
executive to give copy of appointment toemergency
officerThechiefexecutivemust,assoonaspracticableafterappointingapersonasanemergencyofficer,givetotheperson appointed a copy of the
person’s appointment.339Powers(1)For a declared public health
emergency—(a)an emergency officer has the powers
stated in part 6; and(b)anemergencyofficer(medical)alsohasthepowersstated in part 7.(2)An
emergency officer is subject to the directions of the chiefexecutive in exercising the powers.(3)An emergency officer’s powers may be
limited—(a)under a condition of appointment;
or(b)by notice given by the chief executive
to the emergencyofficer.340Identity cards(1)Thechiefexecutivemustgiveeachemergencyofficeranidentitycardassoonaspracticableaftertheofficer’sappointment.(2)The
identity card must—(a)containacopyofthesignature,and,ifpracticable,arecent photograph, of the emergency officer;
and(b)identify the person as an emergency
officer (general) oran emergency officer (medical) under
this Act; and(c)include an expiry date for the
card.Current as at [Not applicable]Page
285
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 8 Public health emergencies[s
341]341Failure to return identity cardA
person who ceases to be an emergency officer must returntheperson’sidentitycardtothechiefexecutiveassoonaspracticable,butwithin21days,afterceasingtobeanemergency
officer, unless the person has a reasonable excuse.Maximum penalty—20 penalty units.342Production or display of identity card
by emergencyofficer(1)Anemergencyofficermayexerciseapowerinrelationtoanother person only if—(a)if
the emergency officer has been issued with an identitycard
with a photograph, the emergency officer—(i)first produces the emergency officer’s
identity cardfor the other person’s inspection; or(ii)hastheidentitycarddisplayedsoitisclearlyvisible to the other person; or(b)if the emergency officer has been
issued with an identitycard without a photograph, the
emergency officer—(i)first produces the emergency officer’s
identity cardfortheotherperson’sinspectiontogetherwithaformofphotoidentificationthatidentifiestheofficer; or(ii)hastheidentitycarddisplayedsoitisclearlyvisible to the
other person and produces a form ofphoto
identification that identifies the officer; or(c)iftheemergencyofficerhasnotbeenissuedwithanidentity card, the emergency officer first
produces—(i)aformofphotoidentificationthatidentifiestheofficer; and(ii)acopyoftheofficer’sappointmentasanemergency officer.Page 286Current as at [Not applicable]
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 8 Public
health emergencies[s 343](2)However, if for any reason it is not
practicable to comply withsubsection (1)beforeexercisingthepower,theemergencyofficer must
produce for the other person’s inspection at thefirst reasonable opportunity—(a)if the emergency officer has been
issued with an identitycardwithaphotograph—theemergencyofficer’sidentity card;
or(b)if the emergency officer has been
issued with an identitycardwithoutaphotograph—theemergencyofficer’sidentity card
together with a form of photo identificationthat identifies
the officer; or(c)iftheemergencyofficerhasnotbeenissuedwithanidentitycard—aformofphotoidentificationthatidentifiestheofficerandacopyoftheofficer’sappointment as
an emergency officer.(3)Subsection (2)
applies only if the production is practicable inall
the circumstances.Part 6Powers of
emergency officersDivision 1Entry of
places343Power to enter places(1)An emergency officer may enter a
place, in the public healthemergency area,
if the emergency officer is responding to adeclared public
health emergency and reasonably believes it isurgent that the
emergency officer enter the place to—(a)save
human life; or(b)prevent or minimise serious adverse
effects on humanhealth; or(c)do
anything else to relieve suffering or distress.(2)The
emergency officer may enter the place with the help, andusing the force, that is reasonable in the
circumstances.Current as at [Not applicable]Page
287
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 8 Public health emergencies[s
344]344Procedure before entry(1)This section applies to an emergency
officer intending to entera place to respond to a declared
public health emergency.(2)Before entering
the place, the emergency officer must do ormake a
reasonable attempt to do the following things—(a)seek
an occupier’s consent to the entry;(b)tell
the occupier the emergency officer is permitted toentertheplacetorespondtoadeclaredpublichealthemergency;(c)give
the occupier an opportunity to allow the emergencyofficer immediate entry to the place without
using force.(3)However,theemergencyofficerneednotcomplywithsubsection (2) if the emergency officer
believes on reasonablegroundsthatimmediateentrytotheplaceisrequiredtoeffectively respond to the declared public
health emergency.Division 2Emergency
powers345Emergency powers(1)An
emergency officer responding to a declared public healthemergency may do any of the following the
emergency officerreasonablybelievesisnecessarytorespondtothedeclaredpublic health
emergency—(a)require a person not to enter or not
to remain within aplace;(b)requireapersontostopusingaplaceforastatedpurpose;(c)require a person to go to a stated
place;(d)require a person to stay at or in a
stated place;(e)require a person to take measures to
remove from theperson a substance that is a hazard to human
health, forexample, by showering;Page 288Current as at [Not applicable]
Public Health Act 2005Chapter 8 Public
health emergencies[s 345]Notauthorised—indicativeonly(f)directthemovementofaperson,animaloravehicleinto, out of, or around the public health
emergency area;(g)requireapersontostatetheperson’snameandresidential address;(h)require a person to answer questions
by the emergencyofficer;(i)clean or disinfect a place, structure or
thing;(j)carry out insect or pest
control;(k)demolish stated structures or other
property;(l)contain an animal, substance or thing
within the publichealth emergency area;(m)remove an animal, substance or thing from a
place;(n)destroyanimalsataplaceorremoveanimalsfromaplace for destruction at another
place;(o)dispose of an animal, substance or
thing at a place, forexample, by burying the animal,
substance or thing;(p)takeactioninrelationtopropertyincluding,forexample,toallowtheofficertotakecontrolofabuilding for the
purposes of the emergency;(q)requireapersontogivetheemergencyofficerreasonablehelptoexercisetheemergencyofficer’spowers under paragraphs (i) to (p).(2)However, an emergency officer may
exercise a power undersubsection (1)(k) or (n) only with the
written approval of thechief executive.(3)Ifapersonfailstocomplywitharequirementordirectionunder subsection
(1)(a) to (f), an emergency officer may, withnecessaryandreasonablehelpandforce,takeactiontoenforce the requirement or direction.(4)For subsection (1)(g), the emergency
officer may require theperson to give the officer evidence of
the correctness of thestatednameorresidentialaddressiftheofficerreasonablysuspects the
stated name or address to be false.Current as at
[Not applicable]Page 289
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 8 Public health emergencies[s
346](5)Whenmakingarequirementordirectionmentionedinsubsection (1) or (4), the emergency
officer must—(a)warn the person it is an offence to
fail to comply withtherequirementordirection,unlessthepersonhasareasonable excuse; and(b)tell the person of the effect of
section 346(2).346Failure to comply with
requirement(1)A person of whom a requirement or
direction is made undersection 345(1)(a)to(h)or(4)mustcomplywiththerequirement or direction, unless the person
has a reasonableexcuse.Maximum
penalty—100 penalty units.(2)Itisnotareasonableexcusetofailtocomplywiththerequirement that complying with the
requirement might tendto incriminate the person.(3)However, the following is not
admissible in evidence againstan individual in
any civil or criminal proceeding—(a)any
answer given by the individual in complying withthe
requirement (primary evidence);(b)any information, or document or other
thing, obtained asa direct or indirect result of primary
evidence (derivedevidence).(4)Subsection (3)
does not prevent primary evidence or derivedevidence being
admitted in evidence in criminal proceedingsabout the
falsity or misleading nature of the primary evidence.347General powers after entering
places(1)Thissectionappliestoanemergencyofficerwhoentersaplace to respond to a declared public health
emergency.(2)The emergency officer may—(a)search any part of the place;
orPage 290Current as at
[Not applicable]
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 8 Public
health emergencies[s 348](b)inspect, measure, test, photograph or film
any part of theplace or anything at the place; or(c)take a thing, or a sample of or from a
thing, at the placefor analysis or testing; or(d)copy a document at the place or take
the document toanother place to copy it; or(e)take into or onto the place any
persons, equipment andmaterials the emergency officer
reasonably requires forexercising a power under this chapter;
or(f)requireapersonattheplacetogivetheemergencyofficerreasonablehelptoexercisetheemergencyofficer’s powers
under paragraphs (a) to (e).(3)Whenmakingarequirementmentionedinsubsection (2)(f)the emergency
officer must warn the person it is an offence tofail
to comply with the requirement, unless the person has areasonable excuse.(4)If
an emergency officer takes a document from a place to copyit,thedocumentmustbecopiedassoonas practicable
andreturned to the place.348Failure to help emergency officerApersonrequiredtogivereasonablehelpundersection
345(1)(q)or347(2)(f)mustcomplywiththerequirement, unless the person has a
reasonable excuse.Maximum penalty—100 penalty units.Current as at [Not applicable]Page
291
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 8 Public health emergencies[s
349]Part 7Extra powers of
emergencyofficers (medical)Division 1Detention powers349Emergency officer (medical) may order
detention(1)Thissectionappliesifanemergencyofficer(medical)reasonably
suspects that—(a)a person in a public health emergency
area has or mayhave a serious disease or illness;
and(b)the serious disease or illness, or the
serious disease orillness and the person’s likely behaviour,
constitutes animmediate risk to public health; and(c)it is necessary to detain the person
to effectively respondto the declared public health
emergency.(2)The emergency officer (medical) may
order the detention ofthe person at a place decided by the
officer within or outsidethe public health emergency
area.(3)The order must be in writing and state
the following—(a)a description of the serious disease
or illness the personhas or may have;(b)the
place where the person is to be detained;(c)that
the person must—(i)if the person is at the place where
the person is tobe detained—remain at the place; or(ii)if the person is
not at the place where the person isto be
detained—go to the place with the emergencyofficer(medical)orwithapersonnominatedbythe officer;(d)the
time when the detention order ends.Page 292Current as at [Not applicable]
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 8 Public
health emergencies[s 350]350Duration of orderA detention
order by an emergency officer (medical) ends—(a)96hoursfromthetimeitisgiventothepersonthesubject of the order; or(b)if a
lesser period is stated in the order, at the end of thelesser period.351Enforcement of order(1)A
detention order may be enforced by the emergency officer(medical) or a person nominated by the
officer.(2)The officer or person nominated
must—(a)give the person to be detained a copy
of the detentionorderandexplaintotheperson,ingeneralterms,thepurpose and effect of the order;
or(b)ifitisnotreasonablypracticabletogiveawrittendetentionordertothepersonbeforedetainingtheperson—explain the purpose and effect of the
order tothe person in detail.(3)A
detentionorderexplainedundersubsection
(2)(b)hasthesameeffectasawrittenorderbuttheofficerorpersonnominated by the
officer must give the written order to thepersondetainedassoonasreasonablypracticableaftertheperson is detained.(4)A person to whom a detention order
applies must comply withthe order.Maximum
penalty—200 penalty units.(5)The officer or
person may enforce the detention order with thehelp,andusingtheforce,thatisreasonableinthecircumstances.Current as at
[Not applicable]Page 293
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 8 Public health emergencies[s
352]352Establishing isolation areas(1)Anemergencyofficer(medical)mayestablishanarea(anisolation area) to accommodate
persons detained under thisdivision.(2)Anemergencyofficermaytaketheactiontheemergencyofficerreasonablybelievesisnecessarytoestablishanisolation area.(3)Withoutlimitingsubsection (2),anemergencyofficermayuse a building or any other thing
within the isolation area.353Person to be
given opportunity of voluntarily complyingwith orderBeforeenforcingadetentionorderagainstaperson,theemergencyofficer(medical)orapersonnominatedbytheofficermustgivethepersontheopportunityofvoluntarilycomplying with
the order.354Medical examination and
treatment(1)Assoonaspracticableafterapersonisdetained,anemergency officer (medical) must request
that the person bemedically examined—(a)tohelpdecidewhetherthepersonhasormayhaveaseriousdiseaseorillnesssothatthepersonmaybetreated for the disease or illness;
and(b)todecidewhetherthepersonisanimmediaterisktopublic health.(2)When
requesting that the person be examined, the emergencyofficer (medical) must—(a)give
an explanation to the person about the examinationto
be undertaken in a way likely to be readily understoodby
the person; and(b)tellthepersonthatthepersonmayrefusetheexamination.Page 294Current as at [Not applicable]
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 8 Public
health emergencies[s 355](3)Anyexaminationofthepersonmaybeconductedbyanemergency officer (medical) or a
doctor chosen by the person.(4)Thepersonmustbegiventheopportunityofreceivingmedical
treatment including by a doctor chosen by the person.(5)Subsection (1) does not apply
if—(a)the serious disease or illness is an
emergency notifiableconditionandthereisnorecognisedprocedurefordecidingwhetherthepersonhasbeenexposedtothecondition;
or(b)there is no way of deciding within 96
hours whether thepersonhasbeenexposedtotheseriousdiseaseorillness.Note—The
chief executive may apply for an initial examination order
undersection 116.355When
detained person must be released before the endof the
orderA person detained under this part must be
released before thedetention order ends if—(a)an
emergency officer (medical) is satisfied the person isno
longer an immediate risk to public health; or(b)if
the person has been examined by a doctor chosen bythe
person—both the doctor and the emergency officer(medical)aresatisfiedthepersonisnolongeranimmediate risk to public health.Division 2Extension of
detention order356Application to extend order(1)Thissectionappliesifanemergencyofficer(medical)issatisfiedthat,havingregardtothemattersstatedinCurrent as at [Not applicable]Page
295
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 8 Public health emergencies[s
357]section 349(1)(a) and (b), it is necessary
to continue to detaina person after a detention order
ends.(2)The emergency officer (medical) or the
chief executive mayapply to a magistrate to extend the
detention order.(3)The application must be made before
the detention order ends.(4)The emergency
officer (medical) or the chief executive mustimmediatelygivethepersondetainedacopyoftheapplication.(5)Thepersondetainedmustnotattendthehearingoftheapplication but may nominate a person
to represent the persondetained at the hearing.(6)The magistrate may refuse to consider
the application until theapplicantgivesthemagistratealltheinformationthemagistraterequiresabouttheapplicationinthewaythemagistrate requires.Example—Themagistratemayrequireadditionalinformationsupportingtheapplication be given by statutory
declaration.357Consideration of application(1)The magistrate—(a)must
decide the application as quickly as possible; and(b)must consider any representations made
by the personrepresenting the person detained; and(c)maymaketheordersthemagistrateconsidersappropriate for deciding the application;
andExample of order—an order
adjourning the application until the emergency officer(medical) gives the magistrate additional
information(d)may extend, or refuse to extend, the
detention order.(2)However, the magistrate may extend the
detention order onlyif satisfied it is reasonably
necessary to effectively respond tothe declared
public health emergency.Page 296Current as at
[Not applicable]
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 8 Public
health emergencies[s 358](3)Ifthemagistratedoesnotdecidetheapplicationbeforetheend of the detention order, the
detention order continues untilthe application
is finally decided.358Appeal(1)An
emergency officer (medical) or the chief executive mayappeal to the District Court against the
refusal of a magistrateto extend the detention order.(2)On the filing of an appeal, the
decision of the magistrate isstayed and the
detention order continues.(3)The District
Court—(a)must hear and decide the appeal
without delay; and(b)may either—(i)extend the detention order; or(ii)confirm the
decision appealed against and dismissthe appeal;
and(c)maymaketheotherordersthecourtconsidersappropriate.Division 3Other provisions about detention359Application of div 3Thisdivisionappliesonlyinrelationtoapersonwhoisdetained under this part.360Obligations of emergency officer
(medical) in relation toperson detainedThe emergency
officer (medical) must—(a)assoonaspossiblehavingregardtoallthecircumstances,
inform the person detained—Current as at
[Not applicable]Page 297
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 8 Public health emergencies[s
361](i)thatthepersonmayapplytoamagistrateforanorderendingtheperson’sdetentionandhowtheperson may apply; and(ii)of
the person’s right to consult a lawyer or otherperson of the
person’s choice; and(iii)that, for the
person to be detained beyond 96 hours,theemergencyofficer(medical)mustapplytoamagistrate to extend the detention
order; and(b)as soon as reasonably practicable
inform the next of kinofthedetainedpersonorsomeoneelsenominatedbythe
person—(i)thatthepersonisdetainedunderthispartandwhere the person is detained;
and(ii)of the things
mentioned in paragraph (a); and(iii)ofhowtoobtaininformationaboutthepersondetained,includingwhotocontacttoobtaintheinformation; and(c)assoonasreasonablypracticablegivethedetainedperson a
reasonable opportunity to contact persons withwhom the
detained person wants to communicate.Example for
paragraph (c)—Itmaybereasonablypracticableforapersonwithahighlycontagious
condition to contact a person by telephone but not tohave
personal contact.361Application to magistrate for order
ending person’sdetention(1)Thissectionappliesifapersonhasbeendetainedunderadetention order.(2)The
person’s lawyer or a person nominated by the person (theapplicant) may apply to a
magistrate for an order ending thedetention.(3)The
application may be made orally or in writing but if madeorally can not be made in the absence of the
emergency officerPage 298Current as at
[Not applicable]
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 8 Public
health emergencies[s 362](medical)orarepresentativeoftheemergencyofficer(medical).(4)The
applicant must immediately give the emergency officer(medical) notice of when and where the
application will bemade.(5)Thenoticemaybegivenorallyorinwriting,butifgivenorally must be put in writing as soon as
practicable.(6)The magistrate—(a)must
decide the application as quickly as possible; and(b)must have regard to any submissions
made by the partiesto the application; and(c)may
make an order ending the person’s detention only ifsatisfiedtheperson’scontinueddetentionisnotreasonablynecessarytoeffectivelyrespondtothedeclared public
health emergency; and(d)maynotordertheapplicanttopaytherespondent’scosts of the
application; and(e)mayrefusetoconsidertheapplicationuntiltheapplicantgivesthemagistratealltheinformationthemagistrate requires about the application in
the way themagistrate requires.Example for
paragraph (e)—The magistrate may require additional
information supportingthe application be given by statutory
declaration.(7)Thepersondetainedisnotentitledtobepresentwhentheapplication is being heard.362Appeal(1)The
emergency officer (medical) or the chief executive or thepersondetainedmayappealtotheDistrictCourtagainstadecisionofthemagistrateonanapplicationforanorderending a
person’s detention.Current as at [Not applicable]Page
299
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 8 Public health emergencies[s
363](2)If the emergency officer (medical) or
the chief executive is theappellant, the decision appealed
against is stayed on the filingof the notice of
appeal and the detention order continues.(3)The
District Court must hear and decide the appeal withoutdelay.(4)If
the emergency officer (medical) or the chief executive is
theappellant, the District Court may make an
order—(a)allowing the appeal; or(b)confirming the decision appealed
against and dismissingthe appeal.(5)If
the person detained is the appellant, the District Court maymake
an order—(a)ending the detention order; or(b)confirming the decision appealed
against and dismissingthe appeal.(6)TheDistrictCourtmaymaketheotherordersthecourtconsiders
appropriate.(7)However, the District Court may not
order a party other thanthe chief executive to pay the costs
of the appeal.Part 8General
enforcement matters363False or misleading statementsA
person must not state anything to an emergency officer theperson knows is false or misleading in a
material particular.Maximum penalty—100 penalty
units.364False or misleading documents(1)Apersonmustnotgiveanemergencyofficeradocumentcontaininginformationthepersonknowsisfalseormisleading in a material particular.Page
300Current as at [Not applicable]
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 8 Public
health emergencies[s 365]Maximum
penalty—100 penalty units.(2)Subsection (1)
does not apply to a person if the person, whengiving the
document—(a)tells the emergency officer, to the
best of the person’sability, how it is false or
misleading; and(b)if the person has, or can reasonably
obtain, the correctinformation—gives the correct
information.365Obstructing emergency officers(1)Apersonmustnotobstructanemergencyofficerintheperformance of a
power, unless the person has a reasonableexcuse.Maximum penalty—200 penalty units.(2)Ifapersonhasobstructedanemergencyofficerandtheemergency
officer decides to proceed with the exercise of thepower, the emergency officer must warn the
person that—(a)it is an offence to obstruct the
emergency officer unlessthe person has a reasonable excuse;
and(b)the emergency officer considers the
person’s conduct anobstruction.Part 9Compensation366Entitlement to compensationSubjecttothispart,apersonwhosufferslossordamagebecauseoftheexercise,orpurportedexercise,ofapowerunderpart6or7isentitledtobepaidjustandreasonablecompensation for
the loss or damage.367When compensation is not
payable(1)Compensation under this part is not
payable to the person forloss or damage to the extent
that—Current as at [Not applicable]Page
301
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 8 Public health emergencies[s
368](a)anamountforthelossordamageisrecoveredorrecoverable by the person under a policy of
insurance;or(b)theconductofthepersoncontributedtothelossordamage.(2)Also, compensation is not payable to the
person for loss ordamageifthelossordamagewouldhavehappenedinanyevent
irrespective of the exercise, or purported exercise, of thepower.368Applying for compensation(1)A person who suffers loss or damage
because of the exercise,or purported exercise, of a power
under part 6 or 7 may applytothechiefexecutiveforcompensationforthelossordamage.(2)The
application must be made in writing within 90 days afterthe
person suffers the loss or damage.(3)The
application must state—(a)details of the
person’s loss or damage; and(b)theamountofcompensationclaimedandthegroundsfor
the amount claimed.(4)Theapplicantalsomustprovideanyotherrelevantinformationreasonablyrequiredbythechiefexecutivetodecide the application.(5)Despitesubsection
(2),thechiefexecutivemayacceptaperson’sapplicationforcompensationmademorethan90days after the person suffers the loss
or damage if the chiefexecutiveissatisfieditwouldbereasonableinallthecircumstances to
accept the application.369Lapsing of
application(1)If an application for compensation is
made under this part, thechief executive may make a requirement
under section 368(4)Page 302Current as at
[Not applicable]
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 8 Public
health emergencies[s 370]forinformationtodecidetheapplicationbygivingtheapplicant a notice stating—(a)the required information; and(b)the time by which the information must
be given to thechief executive; and(c)that, if the information is not given to the
chief executiveby the stated time, the application will
lapse.(2)The stated time must be reasonable
and, in any case, at least21 days after the requirement is
made.(3)The chief executive may give the
applicant a further noticeextending or further extending the
time if the chief executiveis satisfied it
would be reasonable in all the circumstances togive the
extension.(4)A notice may be given under subsection
(3) even if the time towhich it relates has lapsed.(5)If the applicant does not comply with
the requirement withinthe stated time, or any extension, the
application lapses.370Deciding application(1)Thechiefexecutivemustconsideranddecideanacceptedapplication
within 60 days after the last of the following tohappen—(a)the
chief executive receives the application;(b)the
chief executive receives all necessary information todecide the application.(2)If
the chief executive has not decided an accepted applicationwithin the period stated in subsection (1)
for the application,thechiefexecutiveistakentohaverefusedtopaycompensation.(3)In
this section—acceptedapplicationmeansanapplicationmadeundersection
368(2)oranapplicationthechiefexecutiveacceptsunder section
368(5).Current as at [Not applicable]Page
303
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 9 Monitoring and enforcement[s
371]371Notice about decisionAs
soon as practicable after deciding the application, the
chiefexecutive must give the applicant a notice
that—(a)for a decision by the chief executive
to pay the amountofcompensationappliedfor—statesthedecisionandthereasonsforit,includingdetailsoftheamountofcompensationtobepaidandhowtheamountwasassessed; or(b)foradecisionbythechiefexecutivetopaycompensation in an amount less than
the amount appliedfor,ortonotpaycompensation—complieswiththeQCAT Act, section 157(2) for the
decision.372Review of decisionAn applicant for
the payment of compensation under this partwhoisdissatisfiedwiththechiefexecutive’sdecisiontorefusetopaycompensationorabouttheamountofcompensationtobepaidmayapply,asprovidedundertheQCAT Act, to QCAT for a review of the
decision.Chapter 9Monitoring
andenforcementPart 1Authorised persons376Powers generally(1)An
authorised person has the powers given under this Act.(2)In exercising the powers an authorised
person is subject to thedirections of the administering
executive.Page 304Current as at
[Not applicable]
Public Health Act 2005Chapter 9
Monitoring and enforcement[s 377](3)Iftheauthorisedpersonisappointedby2ormorechiefexecutiveofficers,theauthorisedpersonissubjecttothedirectionsofthechiefexecutiveofficerofthelocalgovernmentfortheareainwhichtheauthorisedpersonisexercising the powers.Notauthorised—indicativeonly377Appointment(1)The
chief executive may appoint any of the following personsas
an authorised person—(a)a public service
officer or employee;(b)a health service
employee;(c)a person prescribed under a
regulation.(2)The chief executive officer of a local
government may appointany of the following persons as an
authorised person for thelocal government and its area—(a)an employee of the local
government;(b)ifthechiefexecutiveofficerofanotherlocalgovernmentagrees—anemployeeoftheotherlocalgovernment;(c)another person under contract to the local
government.(3)The chief executive officers of 2 or
more local governmentsmay appoint an employee of, or another
person under contractto, one of the local governments to be
an authorised person forthe local governments’ areas.(4)A person may be appointed for the Act
generally, for statedprovisions of the Act or for stated
public health risks.378Qualifications for appointmentTheadministeringexecutivemayappointapersonasanauthorised person only if—(a)theadministeringexecutiveissatisfiedthepersonisqualifiedforappointmentbecausethepersonhasthenecessary expertise or experience;
andCurrent as at [Not applicable]Page
305
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 9 Monitoring and enforcement[s
379](b)thepersonhasthecompetencies,ifany,prescribedunderaregulationasrelevanttotheperson’sappointment.379Appointment conditions and limit on
powers(1)Anauthorisedpersonholdsofficeontheconditionsstatedin—(a)the authorised
person’s instrument of appointment; or(b)a
signed notice given to the authorised person; or(c)a regulation.(2)The
instrument of appointment, a signed notice given to anauthorisedpersonoraregulationmaylimittheauthorisedperson’s powers
under this Act.(3)In this section—signednoticemeansanoticesignedbytheadministeringexecutive.380Issue
of identity card(1)Theadministeringexecutivemustissueanidentitycardtoeach authorised person.(2)The identity card must—(a)contain a recent photo of the
authorised person; and(b)contain a copy
of the authorised person’s signature; and(c)identifythepersonasanauthorisedpersonunderthisAct;
and(d)state an expiry date for the
card.(3)Thissectiondoesnotpreventtheissueofasingleidentitycard
to a person for this Act and other purposes.Page 306Current as at [Not applicable]
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 9
Monitoring and enforcement[s 381]381Production or display of identity
card(1)InexercisingapowerunderthisActinrelationtoanotherperson, an
authorised person must—(a)producetheauthorisedperson’sidentitycardfortheother person’s
inspection before exercising the power;or(b)have the identity card displayed so it
is clearly visible tothe other person when exercising the
power.(2)However, if it is not practicable to
comply with subsection (1),the authorised
person must produce the identity card for theother person’s
inspection at the first reasonable opportunity.(3)For
subsection (1), an authorised person does not exercise apowerinrelationtoanotherpersononlybecausetheauthorisedpersonhasenteredaplaceasmentionedinsection 385(1)(b) or (2).382When authorised person ceases to hold
office(1)Anauthorisedpersonceasestoholdofficeifanyofthefollowing happens—(a)the
term of office stated in a condition of office ends;(b)under another condition of office, the
authorised personceases to hold office;(c)theauthorisedperson’sresignationundersection 383takes
effect.(2)Subsection (1) does not limit the ways
an authorised personmay cease to hold office.(3)In this section—condition of
officemeans a condition on which the
authorisedperson holds office.Current as at
[Not applicable]Page 307
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 9 Monitoring and enforcement[s
383]383ResignationAn authorised
person may resign by signed notice given to theadministering
executive.384Return of identity card(1)A person who ceases to be an
authorised person must returntheperson’sidentitycardtotheadministeringexecutivewithin 21 days after ceasing to be an
authorised person unlessthe person has a reasonable
excuse.Maximum penalty—20 penalty units.(2)For subsection (1), for a person
appointed under this Act as anauthorised
person by 2 or more chief executive officers, theidentitycardmustbereturnedto1ofthechiefexecutiveofficers.Part 2Powers of authorised personsDivision 1Entry of
places385Power to enter places(1)An authorised person may enter a place
if—(a)an occupier of the place consents to
the entry; or(b)it is a public place and the entry is
made when it is opento the public; or(c)the
entry is authorised by a warrant; or(d)entry is under section 386, 387, 388, 389,
389A, 389B,390 or 390A.(2)For
the purpose of asking the occupier of a place for consenttoenter,anauthorisedpersonmay,withouttheoccupier’sconsent, an
enforcement order or a warrant—Page 308Current as at [Not applicable]
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 9
Monitoring and enforcement[s 386](a)enter land around premises at the place to
an extent thatis reasonable to contact the occupier;
or(b)enter part of the place the authorised
person reasonablyconsiders members of the public ordinarily
are allowedto enter when they wish to contact the
occupier.(3)Nothinginthispart,otherthanundersection389B,allowsentrytoadwellingwithouttheoccupier’sconsent,anenforcement order or a warrant.386Power to enter place to ascertain if
public health risk(1)Thissectionappliesifanauthorisedpersonreasonablybelieves there
may be a public health risk at a place.(2)Theauthorisedpersonmay,atreasonabletimes,entertheplace to find out whether there is a public
health risk at theplace.(3)Subsection (2)doesnotallowentrytoabuildingorotherstructurewithouttheoccupier’sconsent,anenforcementorder or a
warrant.(4)Theprocedureforentryunderthissectionissetoutundersection
392.387Power to enter place to check
compliance with publichealth order(1)This
section applies if a person has been given a public healthorder for a public health risk at a
place.(2)An authorised person may, at
reasonable times, enter the placeto check whether
the order has been complied with.(3)Subsection (2)doesnotallowentrytoabuildingorotherstructurewithouttheoccupier’sconsent,anenforcementorder or a
warrant.(4)Theprocedureforentryunderthissectionissetoutundersection
392.Current as at [Not applicable]Page
309
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 9 Monitoring and enforcement[s
388]388Power to enter place to take steps if
public health ordernot complied with(1)This
section applies if—(a)apersonhasbeengivenapublichealthorderforapublic health risk at a place;
and(b)the public health order requires the
person to take stepsat the place to remove or reduce the
risk to public healthfrom the public health risk, or
prevent the risk to publichealth from recurring; and(c)the person has failed to take the
steps as required by theorder.(2)Theissuingauthoritybyitsemployeesoragentsmay,atreasonable times, enter the place to
take the steps stated in theorder.(3)Subsection (2)doesnotallowentrytoabuildingorotherstructurewithouttheoccupier’sconsent,anenforcementorder or a
warrant.(4)Theprocedureforentryunderthissectionissetoutundersection
393.388APower to enter places to check
compliance withimprovement notice(1)This
section applies if a water service provider has been givenan
improvement notice under section 57A.(2)An
authorised person appointed by the chief executive may, atreasonable times, enter a place where the
authorised personreasonably believes the contravention of the
provision of thisAct to which the improvement notice relates
is happening orhas happened.(3)Theauthorisedpersonmayentertheplaceundersubsection (2) only to check whether the
improvement noticehas been complied with.(4)Also,subsection
(2)doesnotallowentrytoabuildingorother structure without the occupier’s
consent or a warrant.Page 310Current as at
[Not applicable]
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 9
Monitoring and enforcement[s 389](5)Theprocedureforentryunderthissectionissetoutundersection
392.389Power to enter place under approved
inspection program(1)Thissectionappliesifthereisanapprovedinspectionprogram for a
place.(2)An authorised person may, at
reasonable times, enter the placefor the
inspection program.(3)Subsection (2)doesnotallowentrytoabuildingorotherstructure
without the occupier’s consent.(4)Theprocedureforentryunderthissectionissetoutundersection
392.389APower to enter a prescribed
facility—general(1)This section applies if an authorised
person intends to enter aprescribedfacility,otherthanaplacementionedinsection389B(2), for
monitoring compliance with the facility’s waterrisk management
plan.(2)The authorised person may enter the
prescribed facility if thefacility is open for carrying on
business or otherwise open forentry.(3)However,anauthorisedpersonmaynotenterapartofthefacility—(a)where a person is undergoing a procedure
conducted bya health practitioner; or(b)where a person is consulting a health
practitioner.(4)In this section—prescribed
facilitysee section 61A.water risk
management plansee section 61A.Current as at
[Not applicable]Page 311
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 9 Monitoring and enforcement[s
389B]389BPower to enter dwellings in
residential aged care facilities(1)This
section applies if—(a)apersoninchargeofaresidentialagedcarefacilitygivesthechiefexecutiveanoticeundersection61Habout the residential aged care facility;
or(b)a person gives the chief executive a
notice under chapter3, part 2, division 2 that someone
else at the residentialagedcarefacilityhasorhadanotifiableconditionresulting from Legionella.(2)An authorised person may enter a part
of the residential agedcarefacilitythatisanoccupier’sdwellingformonitoringcompliance with
the facility’s water risk management plan.(3)Before entering the occupier’s dwelling, the
authorised personmustdoormakeareasonableattempttodothefollowingthings—(a)identifyhimselforherselftoapersonwhoisanoccupieroftheplaceandispresentbyproducingtheauthorisedperson’sidentitycardoranotherdocumentevidencing the authorised person’s
appointment;(b)tell the person the authorised person
is permitted underthis section to enter the dwelling;(c)give the person an opportunity to
allow the authorisedperson immediate entry to the place
without using force.(4)The authorised
person may enter the occupier’s dwelling if theauthorised
person is accompanied by a person employed at theresidential aged care facility to provide
residential care to theoccupier.(5)In
this section—Legionellasee section
61A.residential aged care facilitysee
section 61A.water risk management plansee
section 61A.Page 312Current as at
[Not applicable]
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 9
Monitoring and enforcement[s 390]390Power
to enter health care facility(1)This
section applies if an authorised person intends to enter ahealth care facility for monitoring
compliance with chapter 4.(2)The authorised
person may enter the health care facility if thefacility is open for carrying on business or
otherwise open forentry.(3)The
authorised person must advise the person in charge of thefacility about the intended entry at least
24 hours before theentry.(4)Subsection(3)doesnotapplyiftheauthorisedpersonreasonably believes immediate entry is
necessary to prevent orminimiseanimminentriskofinfectiontoapersonatthehealth care facility.(5)However,anauthorisedpersonmaynotenterapartofthefacility where a person is—(a)undergoingaprocedureconductedbyahealthpractitioner; or(b)consulting a health practitioner.390APower to enter place to monitor
compliance with ch 5A(1)Thissectionappliesifanauthorisedpersonreasonablybelievesacosmeticprocedureisbeing,orhasbeen,performed on a
child at a place.(2)Theauthorisedpersonmayentertheplacetomonitoraperson’s compliance with chapter 5A if the
place is open forcarrying on business or otherwise open for
entry.(3)The authorised person—(a)must advise the person in charge of
the place at least 24hours before the entry; and(b)must not do anything that adversely
affects the privacyofapersonundergoing,orwaitingtoundergo,acosmetic procedure.(4)In
this section—Current as at [Not applicable]Page
313
Public
Health Act 2005Chapter 9 Monitoring and enforcement[s
391]cosmetic proceduresee section
213A.Notauthorised—indicativeonlyDivision 2Procedure for
entry391Entry with consent(1)This
section applies if an authorised person intends to ask theoccupierofaplacetoconsenttotheauthorisedpersonoranother person entering the
place.(2)Before asking for the consent, the
authorised person must tellthe
occupier—(a)the purpose of the entry; and(b)that the occupier is not required to
consent.(3)Iftheconsentisgiven,theauthorisedpersonmayasktheoccupier to sign an acknowledgment of the
consent.(4)The acknowledgment must state—(a)that the occupier has been
told—(i)the purpose of the entry; and(ii)that the
occupier is not required to consent; and(b)the
purpose of the entry; and(c)that the
occupier gives the authorised person consent toenter the place
and exercise powers under this chapter;and(d)the time and date the consent was
given.(5)Iftheoccupiersignsanacknowledgment,theauthorisedperson must
immediately give a copy to the occupier.(6)If—(a)anissuearisesinaproceedingaboutwhethertheoccupier consented to the entry; and(b)an acknowledgment complying with
subsection (4) forthe entry is not produced in
evidence;Page 314Current as at
[Not applicable]
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 9
Monitoring and enforcement[s 392]the onus of
proof is on the person relying on the lawfulness ofthe
entry to prove the occupier consented.392Entry
of place under s 386, 387, 388A or 389(1)This
section applies to an authorised person intending to entera
place under section 386, 387, 388A or 389.(2)The
authorised person must, before entering the place, make areasonableattempttolocateanoccupierandobtaintheoccupier’s consent to the entry.(3)If the occupier refuses consent to
enter, the authorised personmustnotentertheplaceunlesstheentryisunderanenforcement order or a warrant.(4)If the authorised person is unable to
locate an occupier aftermaking a reasonable attempt to do so,
the authorised personmay enter the place.(5)If the authorised person enters the
place after being unable tolocate an
occupier, the authorised person must leave a noticeinaconspicuouspositionandinareasonablysecurewaystating the date, time and purpose of
the entry.(6)In exercising a power under section
386, 387, 388A or 389,the authorised person must take all
reasonable steps to ensurethepersoncausesaslittleinconvenience,anddoesaslittledamage, as is
practicable in the circumstances.393Entry
of place under s 388(1)This section
applies to an authorised person intending to entera
place under section 388.(2)The issuing
authority must give the occupier and owner of theplacereasonablenoticethattheissuingauthority,byitsemployeesoragents,intendstoentertheplacetotakethesteps required under the public health
order.(3)Thenoticemuststatethestepsthataretobetakenbytheissuing authority.Current as at
[Not applicable]Page 315
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 9 Monitoring and enforcement[s
394](4)The authorised person must, before
entering the place, make areasonableattempttolocateanoccupierandobtaintheoccupier’s consent to the entry.(5)If the occupier refuses consent to
enter, the authorised personmustnotentertheplaceunlesstheentryisunderanenforcement order or a warrant.(6)If the authorised person is unable to
locate an occupier aftermaking a reasonable attempt to do so,
the authorised personmay enter the place.(7)If the authorised person enters the
place after being unable tolocate an
occupier, the authorised person must leave a noticeinaconspicuouspositionandinareasonablysecurewaystating the date, time and purpose of
the entry.(8)In exercising a power under this
section, the authorised personmust take all
reasonable steps to ensure the person causes aslittleinconvenience,anddoesaslittledamage,asispracticable in
the circumstances.394Application for warrant(1)An authorised person may apply to a
magistrate for a warrantfor a place.(2)The
authorised person must prepare a written application thatstates the grounds on which the warrant is
sought.(3)The written application must be
sworn.(4)The magistrate may refuse to consider
the application until theauthorised person gives the magistrate
all the information themagistraterequiresabouttheapplicationinthewaythemagistrate requires.Example—Themagistratemayrequireadditionalinformationsupportingtheapplication to be given by statutory
declaration.Page 316Current as at
[Not applicable]
Public Health Act 2005Chapter 9
Monitoring and enforcement[s 395]Notauthorised—indicativeonly395Issue of warrant(1)The
magistrate may issue the warrant for the place only if themagistrateissatisfiedtherearereasonablegroundsforsuspecting—(a)there is a particular thing or activity
(theevidence) thatmay
provide evidence of an offence against this Act andthe
evidence is at the place or, within the next 7 days,will
be at the place; or(b)there is a public health risk at the
place.(2)The warrant must state—(a)the place to which the warrant
applies; and(b)that a stated authorised person may,
with necessary andreasonable help and force—(i)enter the place and any other place
necessary forentry to the place; and(ii)exercise the authorised person’s powers
under thischapter; and(c)particulars of the offence or public health
risk that themagistrateconsidersappropriateinthecircumstances;and(d)the name of the person suspected of
having committedtheoffenceorwhocausedthepublichealthriskorallowedthepublichealthrisktocontinue,unlessthenameisunknownorthemagistrateconsidersitinappropriate to state the name;
and(e)ifsubsection
(1)(a)applies,theevidencethatmaybeseized under the
warrant; and(f)whethertheauthorisedpersonmayexercisepowersunder part 2, division 6; and(g)if the authorised person may exercise
powers under part2, division 6, the person, if any, who is to
pay the costsincurredbytheauthorisedpersoninexercisingthepowers; andCurrent as at
[Not applicable]Page 317
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 9 Monitoring and enforcement[s
396](h)thehoursofthedayornightwhentheplacemaybeentered; and(i)the
magistrate’s name; and(j)the date and
time of the warrant’s issue; and(k)except for a warrant allowing for re-entry
of a place asmentionedinsubsection (3),thedate,within14daysafter the
warrant’s issue, the warrant ends.(3)If
the warrant relates to a public health risk, the warrant mayalso
state that an authorised person may enter the place againtocheckcompliancewithapublichealthorderissuedasaresult of the
authorised person’s entry of the place under thewarrant.(4)To
the extent that the warrant allows for the re-entry of a
placeas mentioned in subsection (3), it expires
on—(a)the day that is 7 days after the
expiration of the periodstated in the public health order for
completing the stepsstated in the order; or(b)if an earlier day is stipulated in the
warrant, that day.396Application by electronic
communication and duplicatewarrant(1)An
application under section 394 may be made by phone, fax,email, radio, videoconferencing or another
form of electroniccommunication if the authorised person
reasonably considersit necessary because of—(a)urgent circumstances; or(b)other special circumstances,
including, for example, theauthorised
person’s remote location.(2)The
application—(a)may not be made before the authorised
person preparesthe written application under section
394(2); but(b)may be made before the written
application is sworn.Page 318Current as at
[Not applicable]
Public Health Act 2005Chapter 9
Monitoring and enforcement[s 396]Notauthorised—indicativeonly(3)The magistrate may issue the warrant
(theoriginal warrant)only
if the magistrate is satisfied—(a)itwasnecessarytomaketheapplicationundersubsection (1); and(b)the
way the application was made under subsection (1)was
appropriate.(4)After the magistrate issues the
original warrant—(a)if there is a reasonably practicable
way of immediatelygiving a copy of the warrant to the
authorised person, forexample,bysendingacopybyfaxoremail,themagistrate must immediately give a
copy of the warrantto the authorised person; or(b)otherwise—(i)the
magistrate must tell the authorised person thedate and time
the warrant is issued and the otherterms of the
warrant; and(ii)theauthorisedpersonmustcompleteaformofwarrant, including by writing on it—(A)the magistrate’s name; and(B)thedateandtimethemagistrateissuedthewarrant; and(C)the
other terms of the warrant.(5)The
copy of the warrant mentioned in subsection (4)(a), or theform
of warrant completed under subsection (4)(b) (in eithercase
theduplicate warrant), is a
duplicate of, and as effectualas, the original
warrant.(6)Theauthorisedpersonmust,atthefirstreasonableopportunity,
send to the magistrate—(a)thewrittenapplicationcomplyingwithsection
394(2)and (3); and(b)iftheauthorisedpersoncompletedaformofwarrantundersubsection (4)(b)—thecompletedformofwarrant.Current as at
[Not applicable]Page 319
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 9 Monitoring and enforcement[s
397](7)Themagistratemustkeeptheoriginalwarrantand,onreceiving the documents under subsection
(6)—(a)attach the documents to the original
warrant; and(b)give the original warrant and
documents to the clerk ofthe court of the relevant magistrates
court.(8)Despite subsection (5), if—(a)anissuearisesinaproceedingaboutwhetheranexercise of a power was authorised by a
warrant issuedunder this section; and(b)the
original warrant is not produced in evidence;the onus of
proof is on the person relying on the lawfulness ofthe
exercise of the power to prove a warrant authorised theexercise of the power.(9)This
section does not limit section 394.(10)In
this section—relevant magistrates court, in
relation to a magistrate, meansthe Magistrates
Court that the magistrate constitutes under theMagistrates Act
1991.397Defect in
relation to a warrant(1)A warrant is not
invalidated by a defect in the warrant, or incompliancewithsection 394,395or396,unlessthedefectaffects the
substance of the warrant in a material particular.(2)In this section—warrantincludesaduplicatewarrantmentionedinsection 396(5).398Warrants—procedure before entry(1)Thissectionappliesifanauthorisedpersonnamedinawarrant issued under this chapter for
a place is intending toenter the place under the
warrant.Page 320Current as at
[Not applicable]
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 9
Monitoring and enforcement[s 399](2)Before entering the place, the authorised
person must do ormake a reasonable attempt to do the
following things—(a)identifyhimselforherselftoapersonpresentattheplacewhoisanoccupieroftheplacebyproducingacopyoftheauthorisedperson’sidentitycardorotherdocument
evidencing the appointment;(b)give
the person a copy of the warrant;(c)tell
the person the authorised person is permitted by thewarrant to enter the place;(d)give the person an opportunity to
allow the authorisedperson immediate entry to the place
without using force.(3)However,theauthorisedpersonneednotcomplywithsubsection (2) if the authorised person
believes on reasonablegrounds that immediate entry to the
place is required to ensurethe effective
execution of the warrant is not frustrated.(4)In
this section—warrantincludesaduplicatewarrantmentionedinsection 396(5).Division 3General powers399General powers after entering places(1)Thissectionappliestoanauthorisedpersonwhoentersaplace.(2)However,ifanauthorisedpersonentersaplacetogettheoccupier’s
consent to enter a place, this section applies to theauthorised person only if the consent is
given or the entry isotherwise authorised.(3)FormonitoringandenforcingcompliancewiththisActorestablishing whether there is a public
health risk at the place,the authorised person may—(a)search any part of the place;
orCurrent as at [Not applicable]Page
321
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 9 Monitoring and enforcement[s
400](b)inspect, measure, test, photograph or
film any part of theplace or anything at the place;
or(c)take a thing, or a sample of or from a
thing, at the placefor analysis or testing; or(d)copy a document at the place or take
the document toanother place to copy it; or(e)take into or onto the place any
persons, equipment andmaterials the authorised person
reasonably requires forexercising a power under this chapter;
or(f)requireapersonattheplacetogivetheauthorisedpersonreasonablehelptoexercisetheauthorisedperson’s powers
under paragraphs (a) to (e); or(g)require a person at the place to answer
questions by theauthorisedperson,ortogivetheauthorisedpersoninformation,tohelptheauthorisedpersonascertainwhether this Act
is being or has been complied with orthere is a
public health risk at the place.(4)When
making a requirement mentioned in subsection (3)(f) or(g),theauthorisedpersonmustwarnthepersonitisanoffencetofailtocomplywiththerequirement,unlesstheperson has a reasonable excuse.(5)If an authorised person takes a
document from a place to copyit,thedocumentmustbecopiedas soon as
practicable andreturned to the place.400Failure to help authorised personApersonrequiredtogivereasonablehelpundersection
399(3)(f)mustcomplywiththerequirement,unlessthe
person has a reasonable excuse.Maximum
penalty—50 penalty units.Page 322Current as at
[Not applicable]
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 9
Monitoring and enforcement[s 401]401Failure to answer questions or give
information(1)Apersonofwhomarequirementismadeundersection 399(3)(g)mustcomplywiththerequirement,unlessthe
person has a reasonable excuse.Note—Also, a person must not state anything the
person knows to be false ormisleadinginamaterialparticular—seesection
423(Falseormisleading statements).Maximum
penalty—50 penalty units.(2)It is a
reasonable excuse for the person to fail to comply withtherequirementthatcomplyingwiththerequirementmighttend
to incriminate the person.Division 4Vehicles402Stopping motor vehicle(1)Thissectionappliesifanauthorisedpersonreasonablysuspects, or is
aware, that—(a)a thing in or on a motor vehicle may
provide evidence ofthe commission of an offence against this
Act; or(b)there is a public health risk in or on
the motor vehicle.(2)Forthepurposeofexercisingthepowersofanauthorisedperson under
this part, an authorised person may—(a)if
the motor vehicle is moving—ask or signal the personin
control of the motor vehicle to stop the motor vehicle;and(b)whetherornotthemotorvehicleismoving—askorsignal the person in control of the motor
vehicle to bringthemotorvehicletoaconvenientplacewithinareasonabledistancetoallowtheauthorisedpersontoexercise the authorised person’s
powers under this part.(3)When asking or
signalling the person in control of a movingmotorvehicletostopthemotorvehicleorbringittoaCurrent as at
[Not applicable]Page 323
Public
Health Act 2005Chapter 9 Monitoring and enforcement[s
402]Notauthorised—indicativeonlyconvenient place, the authorised
person must clearly identifyhimselforherselfasanauthorisedpersonexercisingtheauthorised person’s powers under this
Act.Examples—1If
the authorised person is in a moving motor vehicle, he or
shemay use a loud hailer to identify himself or
herself as an authorisedperson exercising powers under this
Act.2If the authorised person is standing
at the side of the road, he or shemayuseasigntoidentifyhimselforherselfasanauthorisedperson
exercising powers under this Act.(4)Despitesection
381,forthepurposeofexercisingapowerunder subsection
(2)(a), the authorised person must—(a)havewithhimorhertheauthorisedperson’sidentitycard; and(b)producetheidentitycardfortheperson’sinspectionimmediately
after the motor vehicle is stopped.(5)The
person must comply with the authorised person’s requestor
signal, unless the person has a reasonable excuse.Maximum penalty—50 penalty units.(6)It is a reasonable excuse for the
person not to obey the requestor signal
if—(a)theauthorisedpersonhasnotcompliedwithsubsection (3);
or(b)to immediately obey the request or
signal would haveendangered the person or someone else or
caused loss ordamage to property, and the person obeys the
request orsignal as soon as it is practicable to obey
it.(7)Ifthemotorvehicleisstopped,theauthorisedpersonmaydirect the person—(a)nottomovethemotorvehicleuntiltheauthorisedpersonhasexercisedtheauthorisedperson’spowersunder this part;
or(b)tomovethemotorvehicleto,andkeepitat,astatedreasonableplacetoallowtheauthorisedpersontoexercise the authorised person’s
powers under this part.Page 324Current as at
[Not applicable]
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 9
Monitoring and enforcement[s 403](8)When
giving the direction, the authorised person must warnthe
person it is an offence not to comply with the direction,unless the person has a reasonable
excuse.(9)Thepersonmustcomplywiththeauthorisedperson’sdirection, unless the person has a
reasonable excuse.Maximum penalty for subsection (9)—50
penalty units.Division 5Power to seize
evidence403Seizing evidence at place that may be
entered withoutconsent or a warrantAn authorised
person who lawfully enters a place under thischapterwithouttheconsentoftheoccupierandwithoutawarrant, may seize a thing at the place only
if the authorisedperson reasonably believes the thing is
evidence of an offenceagainst this Act.404Seizing evidence at a place that may only be
entered withconsent or warrant(1)This
section applies if—(a)an authorised person is authorised to
enter a place underthis chapter only with the consent of the
occupier or awarrant; and(b)the
authorised person enters the place after obtaining thenecessary consent or warrant.(2)Also, if the authorised person enters
the place with a warrant,thissectionappliesonlyifthewarrantwasissuedundersection 395(1)(a).(3)If
the authorised person enters the place with the occupier’sconsent, the authorised person may seize a
thing at the placeonly if—(a)theauthorisedpersonreasonablybelievesthethingisevidence of an offence against this Act;
andCurrent as at [Not applicable]Page
325
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 9 Monitoring and enforcement[s
405](b)seizureofthethingisconsistentwiththepurposeofentryastoldtotheoccupierwhenaskingfortheoccupier’s consent.(4)If the authorised person enters the
place with a warrant, theauthorisedpersonmayseizetheevidenceforwhichthewarrant was issued.(5)Theauthorisedpersonalsomayseizeanythingelseattheplace if the authorised person
reasonably believes—(a)the thing is
evidence of an offence against this Act; and(b)the
seizure is necessary to prevent the thing being—(i)hidden, lost or destroyed; or(ii)used to
continue, or repeat, the offence.(6)Also, the authorised person may seize a
thing at the place ifthe authorised person reasonably
believes it has just been usedin committing an
offence against this Act.Division 6Power to remove
or reduce publichealth risk under a warrant405Power to remove or reduce public
health risk afterentering place(1)This
section applies if—(a)anauthorisedpersonentersaplaceafterobtainingawarrant; and(b)the
warrant authorises the authorised person to exercisepowers under this division.(2)Theauthorisedpersonmaytakethestepsnecessaryinthecircumstances to
remove or reduce the risk to public healthfrom the public
health risk stated in the warrant, or to preventthe
risk to public health from recurring, including seizing athing.Page 326Current as at [Not applicable]
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 9
Monitoring and enforcement[s 406]Note—See
also division 3 which provides for the general powers available
toan authorised person after entering a
place.(3)In exercising a power under this
section, the authorised personmust take all
reasonable steps to ensure the person causes aslittleinconvenience,anddoesaslittledamage,asispracticable in
the circumstances.Division 7Recovery of
costs and expenses406Cost of steps recoverable as a
debt(1)Theissuingauthoritymayrecovertheamountofthereasonablecostsandexpensesincurredbytheissuingauthority in exercising powers under section
388 or 405 as adebt payable to the issuing authority by the
person named inthe public health order or the
warrant.(2)For subsection (1), the amount becomes
payable 30 days afterthe issuing authority gives the person
details of the amount ofthe costs.(3)If
the issuing authority is a local government—(a)theamountpayabletothelocalgovernmentbearsinterestasifitwereanamountofanoverdueratepayabletoalocalgovernmentundertheLocalGovernment Act
2009; and(b)the
amount payable plus interest may be recovered bythelocalgovernmentasifthetotalamountwereanamountofanoverdueratepayabletoalocalgovernment under
theLocal Government Act 2009.407Cost of steps by
local government a charge over land(1)This
section applies if an amount (including any interest onthe
amount) (theunpaid amount) is payable by
a person forsteps taken by an issuing authority that is
a local government,on land owned by the person.Current as at [Not applicable]Page
327
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 9 Monitoring and enforcement[s
408](2)The unpaid amount is a charge on the
land.(3)Thelocalgovernmentmaylodgearequesttoregisterthecharge in the appropriate form over the land
with the registrarof titles.(4)The
request must be accompanied by a certificate signed bythe
local government’s chief executive officer stating there is
acharge over the land under this
section.(5)A registered charge has priority over
all encumbrances overthe land other than—(a)encumbrancesinfavouroftheStateoragovernmententity;
and(b)rates payable to the local
government.(6)Thechargeisinadditiontoanyotherremedythelocalgovernment has
for recovery of the unpaid amount.Division 8Dealing with seized things408Securing seized things(1)Thissectionappliesifanauthorisedpersonseizesathingunder section
403, 404 or 405.(2)Having seized the thing, the
authorised person may—(a)move the thing
from the place where it was seized (theplace of
seizure); or(b)leavethethingattheplaceofseizure,buttakereasonable
action to restrict access to it.Examples of
restricting access to a thing—1sealingathingandmarkingittoshowaccesstoitisrestricted2sealing the entrance to a room where the
thing is situatedand marking it to show access to it is
restrictedPage 328Current as at
[Not applicable]
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 9
Monitoring and enforcement[s 409]409Tampering with seized things(1)If an authorised person restricts
access to a seized thing undersection
408,apersonmustnottamperwiththething,orsomethingrestrictingaccesstothething,withoutanauthorised person’s approval.Maximum penalty—100 penalty units.(2)In this section—tamperincludes attempt to tamper.410Powers to support seizure(1)Toenableathingtobeseized,anauthorisedpersonmayrequire the person in control of
it—(a)totakeittoastatedreasonableplacebyastatedreasonable time; and(b)if
necessary, to remain in control of it at the stated placefor
a reasonable time.(2)The requirement—(a)must
be made by notice; or(b)if for any
reason it is not practicable to give the notice,may
be made orally and confirmed by notice as soon aspracticable.(3)A
further requirement may be made under this section aboutthe
same thing if it is necessary and reasonable to make thefurther requirement.(4)Apersonofwhomtherequirementismadeundersubsection (1)or(3)mustcomplywiththerequirement,unless the
person has a reasonable excuse.Maximum
penalty—100 penalty units.(5)Subjecttosection 422,thecostofcomplyingwithsubsection (4) must be borne by the
person.Current as at [Not applicable]Page
329
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 9 Monitoring and enforcement[s
411]411Authorised person may require thing’s
return(1)If an authorised person has required a
person to take a thing toa stated place by a stated reasonable
time under section 410theauthorisedpersonmayrequirethepersontoreturnthething to the place from which it was
taken.(2)Apersonofwhomtherequirementismadeundersubsection (1) must comply with the
requirement, unless theperson has a reasonable excuse.Maximum penalty—100 penalty units.(3)Subjecttosection 422,thecostofcomplyingwithsubsection (1) must be borne by the
person.412Receipts for seized things(1)Assoonaspracticableafteranauthorisedpersonseizesathing, the authorised person must give a
receipt for it to theperson from whom it was seized.(2)However, if for any reason it is not
practicable to comply withsubsection (1), the authorised person
must leave the receipt attheplaceofseizureinaconspicuouspositionandinareasonably secure way.(3)The
receipt must describe generally each thing seized and itscondition.(4)This
section does not apply to a thing if it is impracticable orwould be unreasonable to give the receipt,
given the thing’snature, condition and value.413Forfeiture of seized things(1)A seized thing is forfeited to the
relevant entity if—(a)anauthorisedpersoncannotfinditsowner,aftermaking reasonable inquiries; or(b)an authorised person can not return it
to its owner, aftermaking reasonable efforts; or(c)for a thing seized under section
405—Page 330Current as at
[Not applicable]
Public Health Act 2005Chapter 9
Monitoring and enforcement[s 413]Notauthorised—indicativeonly(i)anauthorisedpersonreasonablyconsidersthat,because of the
thing’s inherent nature or condition,thereturnofthethingislikelytoresultinarecurrence of the public health risk
in relation towhich the thing was seized; or(ii)at the end of 6
months, the return of the thing is, inanauthorisedperson’sreasonableopinion,likelyto result in a
recurrence of the public health risk inrelation to
which the thing was seized.(2)In
applying subsection (1)—(a)subsection
(1)(a) does not require the authorised personto make
inquiries if it would be unreasonable to makeinquiries to
find the owner; and(b)subsection (1)(b) does not require the
authorised persontomakeeffortsifitwouldbeunreasonabletomakeefforts to
return the thing to its owner.(3)Regard must be had to a thing’s nature,
condition and value indeciding—(a)whether it is reasonable to make inquiries
or efforts; and(b)if making inquiries or efforts, what
inquiries or efforts,includingtheperiodoverwhichtheyaremade,arereasonable.(4)In
this section—relevant entity, for a seized
thing, means—(a)ifthethingwasseizedbyanauthorisedpersonappointed by the chief executive—the State;
or(b)ifthethingwasseizedbyanauthorisedpersonappointedbyachiefexecutiveofficer—thelocalgovernment; or(c)ifthethingwasseizedbyanauthorisedpersonappointedby2ormorechiefexecutiveofficers—thelocal government
for whom the authorised person wasperforming his
or her functions at the time the thing wasseized.Current as at [Not applicable]Page
331
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 9 Monitoring and enforcement[s
414]414Return of seized thingsIfathinghasbeenseizedbutnotforfeited,theauthorisedperson must
return it to its owner—(a)for a thing
seized under section 404—(i)at the end of 6
months; or(ii)if a proceeding
for an offence involving the thing isstartedwithin6months,attheendoftheproceeding and any appeal from the
proceeding; or(iii)iftheauthorisedpersonstopsbeingsatisfieditscontinuedretentionasevidenceisnecessary—immediately;
or(b)for a thing seized under section 405
if—(i)the thing ceases to be a public health
risk; or(ii)the authorised
person is satisfied the return of thething is
unlikely to result in the recurrence of thepublic health
risk in relation to which it was seized.415Access to seized things(1)Until a thing that has been seized is
forfeited or returned, anauthorised person must allow its owner
to inspect it and, if it isa document, to
copy it.(2)Subsection (1) does not apply if it is
impracticable or wouldbe unreasonable to allow the
inspection or copying.Division 9Power to obtain
information416Power to require name and
address(1)This section applies if—(a)anauthorisedpersonfindsapersoncommittinganoffence against this Act; orPage
332Current as at [Not applicable]
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 9
Monitoring and enforcement[s 417](b)anauthorisedpersonfindsapersonincircumstancesthat lead, or
has information that leads, the authorisedperson
reasonably to suspect the person—(i)has
just committed an offence against this Act; or(ii)is
responsible for a public health risk.(2)Theauthorisedpersonmayrequirethepersontostatetheperson’s name and residential
address.(3)Whenmakingtherequirement,theauthorisedpersonmustwarn the person
it is an offence to fail to state the person’snameorresidentialaddress,unlessthepersonhasareasonable excuse.(4)Theauthorisedpersonmayrequirethepersontogivetheauthorisedpersonevidenceofthecorrectnessofthestatednameorresidentialaddressiftheauthorisedpersonreasonably suspects the stated name or
address to be false.(5)Arequirementundersubsection (2)or(4)isapersonaldetails
requirement.417Failure to give
name or address(1)Apersonofwhomapersonaldetailsrequirementismademustcomplywiththerequirement,unlessthepersonhasareasonable excuse.Maximum
penalty—50 penalty units.(2)A person does
not commit an offence against subsection (1)if—(a)the person was required to state the
person’s name andresidentialaddressbyanauthorisedpersonwhosuspected the person had committed an
offence againstthis Act; and(b)the
person is not proved to have committed the offence.(3)Also,apersondoesnotcommitanoffenceagainstsubsection (1) if—Current as at
[Not applicable]Page 333
Public
Health Act 2005Chapter 9 Monitoring and enforcement[s
418](a)the person was required to state the
person’s name andresidentialaddressbyanauthorisedpersonwhosuspected the person was responsible
for a public healthrisk; and(b)acourtdecidesthepersonisnotresponsibleforthepublic health risk.Notauthorised—indicativeonly418Power to require
production of documents(1)An authorised
person may require a person to make availableforinspectionbytheauthorisedperson,orproducetotheauthorisedpersonforinspection,atareasonabletimeandplace nominated by the authorised
person—(a)a document issued to the person under
this Act; or(b)a document required to be kept by the
person under thisAct.(2)The
authorised person may keep the document to copy it.(3)If the authorised person copies the
document, or an entry inthe document, the authorised person
may require the personresponsible for keeping the document
to certify the copy as atrue copy of the document or
entry.(4)The authorised person must return the
document to the personas soon as practicable after copying
it.(5)However,ifarequirement(adocumentcertificationrequirement)ismadeofapersonundersubsection (3),theauthorisedpersonmaykeepthedocumentuntilthepersoncomplies with
the requirement.(6)A requirement under subsection (1) is
adocument productionrequirement.419Failure to produce document(1)Apersonofwhomadocumentproductionrequirementismademustcomplywiththerequirement,unlessthepersonhas a reasonable
excuse.Page 334Current as at
[Not applicable]
Public Health Act 2005Chapter 9
Monitoring and enforcement[s 420]Maximum
penalty—50 penalty units.(2)It is not a
reasonable excuse for a person not to comply with adocumentproductionrequirementthatcomplyingwiththerequirement might tend to incriminate
the person.Notauthorised—indicativeonly420Failure to certify copy of
documentApersonofwhomadocumentcertificationrequirementismademustcomplywiththerequirement,unlessthepersonhas a reasonable
excuse.Maximum penalty—50 penalty units.Part
3General enforcement matters421Notice of damage(1)This
section applies if—(a)an authorised person damages property
when exercisingor purporting to exercise a power; or(b)a person (theother
person) acting under the direction orauthority of an authorised person damages
property.(2)Theauthorisedpersonmustimmediatelygivenoticeofparticularsofthedamagetothepersonwhoappearstotheauthorised person to be the owner of
the property.(3)If the authorised person believes the
damage was caused by alatentdefectinthepropertyorcircumstancesbeyondtheauthorised person’s or other person’s
control, the authorisedperson may state the belief in the
notice.(4)If,foranyreason,itisimpracticabletocomplywithsubsection (2), the authorised person must
leave the notice ina conspicuous position and in a reasonably
secure way wherethe damage happened.(5)This
section does not apply to damage the authorised personreasonably believes is trivial.Current as at [Not applicable]Page
335
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 9 Monitoring and enforcement[s
422](6)In this section—owner,ofproperty,includesthepersoninpossessionorcontrol of it.422Compensation(1)If a
person incurs loss or expense because of the exercise orpurported exercise of a power under part 2
or chapter 2, part 4the person may claim
compensation—(a)for the exercise or purported exercise
of a power by orfor the State—from the State; or(b)for the exercise or purported exercise
of a power by orfor a local government—from the local
government.(2)Withoutlimitingsubsection (1),compensationmaybeclaimedforlossorexpenseincurredincomplyingwitharequirement made of the person under
part 2 or chapter 2, part4.(3)Compensationmaybeclaimedandorderedtobepaidinaproceeding—(a)brought in a court with jurisdiction for the
recovery ofthe amount of compensation claimed;
or(b)foranoffenceagainstthisActbroughtagainsttheperson claiming compensation.(4)Acourtmayordercompensationtobepaidonlyifitissatisfied it is just to make the order in
the circumstances of theparticular case.423False
or misleading statementsA person must not state anything to an
authorised person theperson knows is false or misleading in
a material particular.Maximum penalty—100 penalty
units.Page 336Current as at
[Not applicable]
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 9
Monitoring and enforcement[s 424]424False
or misleading documents(1)Apersonmustnotgiveanauthorisedpersonadocumentcontaininginformationthepersonknowsisfalseormisleading in a material particular.Maximum penalty—100 penalty units.(2)Subsection (1) does not apply to a
person if the person, whengiving the document—(a)tells the authorised person, to the
best of the person’sability, how it is false or
misleading; and(b)if the person has, or can reasonably
obtain, the correctinformation—gives the correct
information.425Obstructing authorised persons(1)Apersonmustnotobstructanauthorisedpersonintheexerciseofapower,unlessthepersonhasareasonableexcuse.Maximum penalty—100 penalty units.(2)Ifapersonhasobstructedanauthorisedpersonandtheauthorised
person decides to proceed with the exercise of thepower, the authorised person must warn the
person that—(a)it is an offence to obstruct the
authorised person, unlessthe person has a reasonable excuse;
and(b)the authorised person considers the
person’s conduct isan obstruction.426Impersonation of authorised personsA
person must not pretend to be an authorised person.Maximum penalty—100 penalty units.Current as at [Not applicable]Page
337
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 9 Monitoring and enforcement[s
427]Part 4Approved
inspection programs427Approved inspection program(1)The chief executive or a chief
executive officer may approve aprogram(anapprovedinspectionprogram)underwhichauthorisedpersonsmayenterplacestomonitorcompliancewith a
regulation made under section 61.(2)The
chief executive may approve a program only if—(a)the
regulation under section 61 is to be administered andenforced by the State only; or(b)the regulation under section 61 is to
be administered andenforcedbylocalgovernmentsonlyandthechiefexecutive—(i)has
agreed to do the thing in the administration orenforcement of
this Act under section 14; or(ii)isactingundersection 15inrelationtotheregulation.(3)A
chief executive officer of a local government may approve aprogram for the local government’s area only
if—(a)the regulation under section 61 is to
be administered andenforced by local governments only;
or(b)if the regulation under section 61 is
to be administeredand enforced by the State only, the local
government hasagreedtodoathingintheadministrationorenforcement of this Act under section
14.(4)Anapprovedinspectionprogrammustbeaselectiveinspection
program or systematic inspection program.(5)A
selective inspection program provides for the selection, inaccordancewiththechiefexecutive’sorchiefexecutiveofficer’sapproval,ofplacesinanareatobeenteredandinspected under the approval.Page
338Current as at [Not applicable]
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 9
Monitoring and enforcement[s 428](6)A
systematic inspection program provides for all places, or
allplacesofaparticulartype,inanarea,tobeenteredandinspected under the approval.(7)An approved inspection program must
state the following—(a)the purpose of
the program;(b)when the program starts;(c)for a selective inspection program,
objective criteria forselecting places to be entered and
inspected;(d)for a systematic inspection program,
if a type of place isto be entered and inspected, a
description of the type;(e)the period of
not more than 3 months, or another periodofnotmorethan6monthsprescribedunderaregulation, over which the program is
to be carried out.(8)Theonlyentrythatmaybemadeunderanapprovedinspectionprogramisbyanauthorisedpersonundersection
389.428Notice of proposed inspection
program(1)Atleast14days,butnotmorethan28days,beforeanapprovedinspectionprogramstarts,thechiefexecutiveorchiefexecutiveofficermustpublishtheprogrambynewspaper,radioortelevisionintheareatowhichtheapproved inspection program relates.(2)The publication must state the
following—(a)theareatowhichtheapprovedinspectionprogramrelates;(b)in
general terms, the purpose and scope of the program;(c)when the program starts;(d)the period over which the program is
to be carried out;(e)who is to undertake the
program.Current as at [Not applicable]Page
339
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 9 Monitoring and enforcement[s
429]429Access to programFromthepublicationofthenoticeaboutanapprovedinspection
program until the end of the program, a copy of theprogrammust,ifaskedforbyaperson,beprovidedtothepersonbythechiefexecutiveorchiefexecutiveofficeronpayment of a fee that is not more than the
cost of providingthe copy to the person.Part 5Analysis of things430Appointment and qualifications(1)The chief executive may appoint any of
the following personsas a State analyst—(a)apublicserviceofficeroranemployeeofthedepartment;(b)a
health service employee;(c)a person
prescribed under a regulation.(2)However, the chief executive may appoint a
person as a Stateanalystonlyifthechiefexecutiveissatisfiedthepersonisqualifiedforappointmentbecausethepersonhasthenecessary expertise or
experience.431Appointment conditions(1)A State analyst holds office on any
conditions stated in—(a)the State
analyst’s instrument of appointment; or(b)a
signed notice given to the State analyst; or(c)a
regulation.(2)In this section—signed
noticemeans a notice signed by the chief
executive.Page 340Current as at
[Not applicable]
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 9
Monitoring and enforcement[s 432]432When
State analyst ceases to hold office(1)A
State analyst ceases to hold office if any of the followinghappens—(a)the
term of office stated in a condition of office ends;(b)underanotherconditionofoffice,theStateanalystceases to hold office;(c)theStateanalyst’sresignationundersection 433takeseffect.(2)Subsection (1)doesnotlimitthewaysaStateanalystmaycease to hold office.(3)In this section—conditionofofficemeansaconditiononwhichtheStateanalyst holds
office.433ResignationA State analyst
may resign by signed notice given to the chiefexecutive.434Chief
executive may approve laboratoryThechiefexecutivemayapprovealaboratorytoanalysethings taken
under this Act if the chief executive is satisfiedthe
laboratory has the resources and expertise to conduct theanalysis.435Analysis(1)If
an authorised person takes a thing for analysis under thisAct,
the authorised person must as soon as practicable give itto a
State analyst for analysis.(2)IfaStateanalystreceivesathingforanalysisundersubsection (1), the State analyst must as
soon as practicable—(a)analyse the
thing; or(b)give the thing to an approved
laboratory for analysis.Current as at [Not applicable]Page
341
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 10 Legal proceedings[s
436](3)If the State analyst analyses the
thing, the State analyst must,as soon as
practicable after analysing it—(a)complete a certificate of analysis for it;
and(b)give the certificate to the authorised
person who took thething for analysis.(4)If
an approved laboratory analyses the thing, the State analystmust, as soon as practicable after it is
analysed—(a)obtain a certificate of analysis for
it from the approvedlaboratory; and(b)give
the certificate to the authorised person who took thething for analysis.436Certificate must indicate methodology
usedThe certificate of analysis must include
information about themethodology used to conduct the
analysis.Chapter 10Legal
proceedingsPart 1Application437Application of ch 10This chapter
applies to a proceeding under this Act.Part 2Evidence438Appointments and authorityThefollowingmustbepresumedunlessapartytotheproceeding, by reasonable notice,
requires proof of it—Page 342Current as at
[Not applicable]
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 10 Legal
proceedings[s 439](a)the
chief executive’s appointment;(b)a
chief executive officer’s appointment;(c)an
authorised person’s appointment;(d)a
contact tracing officer’s appointment;(e)an
emergency officer’s appointment;(f)a
designated medical officer’s appointment;(g)a
state analyst’s appointment;(h)the
authority of the chief executive, a local government,a
chief executive officer, an authorised person, a contacttracingofficer,anemergencyofficer,adesignatedmedical officer
or a state analyst, to do anything underthis Act.439SignaturesAsignaturepurportingtobethesignatureofthechiefexecutive, a chief executive officer, an
authorised person, acontacttracingofficer,anemergencyofficer,adesignatedmedical officer
or a state analyst is evidence of the signature itpurports to be.440Evidentiary provisions(1)A
certificate purporting to be signed by the chief executive
orachiefexecutiveofficerandstatinganyofthefollowingmatters is evidence of the matter—(a)a stated document is one of the
following things made,given, issued or kept under this
Act—(i)an appointment, approval or
decision;(ii)a notice or
requirement;(iii)a record, or an
extract from a record;(b)a stated
document is another document kept under thisAct;Current as at [Not applicable]Page
343
Public
Health Act 2005Chapter 10 Legal proceedings[s
440]Notauthorised—indicativeonly(c)astateddocumentisacopyofathingmentionedinparagraph (a) or (b);(d)onastatedday,orduringastatedperiod,anappointment as an authorised person, a
contact tracingofficer,anemergencyofficer,adesignatedmedicalofficer or State analyst was, or was not, in
force for astated person;(e)on a
stated day, or during a stated period, an approval asan
approved laboratory was, or was not, in force for astated entity;(f)on a
stated day, a stated person was given a stated noticeunder this Act;(g)onastatedday,astatedrequirementwasmadeofastated person;(h)astatedamountispayableunderthisActbyastatedperson and has not been paid.(2)A certificate of analysis for a thing
taken for analysis underthis Act stating any of the following
matters is evidence of thematters—(a)thequalificationsoftheperson(theanalyst)whoconducted the analysis;(b)the analyst received the thing from a
stated person;(c)the thing was analysed at a stated
place on a stated dayor during a stated period;(d)the methodology used to analyse the
thing;(e)the results of the analysis.(3)Inacomplaintstartingaproceeding,astatementthatthematter of complaint came to the
complainant’s knowledge onastateddayisevidenceofwhenthemattercametothecomplainant’s
knowledge.(4)InaproceedinginwhichtheStateoralocalgovernmentappliesundersection
443torecovercostsincurredbytheState or local government, a
certificate by the chief executivefortheStateorthechiefexecutiveofficerofthelocalPage 344Current as at [Not applicable]
Public Health Act 2005Chapter 10 Legal
proceedings[s 441]governmentstatingthatstatedcostswereincurredandtheway in which, and purpose for which,
they were incurred isevidence of the matters stated.Notauthorised—indicativeonlyPart
3Proceedings441Summary offences(1)A
proceeding for an offence against this Act is to be taken in
asummary way under theJustices Act
1886.(2)Theproceedingmuststartwithinthelaterofthefollowingperiods to
end—(a)1 year after the commission of the
offence;(b)6 months after the offence comes to
the complainant’sknowledge, but within 2 years after the
commission ofthe offence.442Allegations of false or misleading
information ordocumentIn any
proceeding for an offence against this Act defined asinvolvingfalseormisleadinginformation,orafalseormisleading document, it is enough for a
charge to state thatthe information or document was,
without specifying which,‘false or misleading’.443Recovery of costs of
investigation(1)This section applies if—(a)a court convicts a person of an
offence against this Act;and(b)the
State or a local government applies to the court foran
order against the person for the payment of the coststhe
State or the local government has incurred in takinga
thing or doing something else during the investigationof
the offence; andCurrent as at [Not applicable]Page
345
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 10 Legal proceedings[s
444](c)thecourtfindstheStateorlocalgovernmenthasreasonably incurred the costs.(2)ThecourtmayorderthepersontopaytheStateorlocalgovernment an
amount equal to the costs if it is satisfied itwould be just to
make the order in the circumstances of theparticular
case.(3)Thissectiondoesnotlimitthecourt’spowersunderthePenalties and Sentences Act 1992or
another law.444Application for order for payment of
costs under s 443(1)An application to a court under
section 443 is, and any ordermadebythecourtontheapplicationisajudgment,inthecourt’s civil jurisdiction.(2)Any issue on the application is to be
decided on the balance ofprobabilities.445Forfeiture on conviction(1)On
conviction of a person for an offence against this Act, acourtmayordertheforfeituretotheStateoralocalgovernment
of—(a)anything used to commit the offence;
or(b)anything else the subject of the
offence.(2)The court may make the order—(a)whether or not the thing has been
seized; and(b)if the thing has been seized, whether
or not the thing hasbeen returned to its owner.(3)Thecourtmaymakeanyordertoenforcetheforfeitureitconsiders appropriate.(4)Thissectiondoesnotlimitthecourt’spowersunderthePenalties and Sentences Act 1992or
another law.Page 346Current as at
[Not applicable]
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 10 Legal
proceedings[s 446]446Dealing with forfeited thing(1)On the forfeiture of a thing to the
State or a local government,the thing
becomes the State’s or local government’s propertyand
may be dealt with by the State or local government as theState or local government considers
appropriate.(2)Without limiting subsection (1), the
State or local governmentmay destroy the thing.447Responsibility for acts or omissions
of representative(1)This section applies in a proceeding
for an offence against thisAct.(2)Ifitisrelevanttoproveaperson’sstateofmindaboutaparticular act or omission, it is
enough to show—(a)theactwasdoneoromittedtobedonebyarepresentativeofthepersonwithinthescopeoftherepresentative’s actual or apparent
authority; and(b)the representative had the state of
mind.(3)Anactdoneoromittedtobedoneforapersonbyarepresentativeofthepersonwithinthescopeoftherepresentative’s actual or apparent
authority is taken to havebeen done or omitted to be done also
by the person, unless thepersonprovesthepersoncouldnot,bytheexerciseofreasonable diligence, have prevented the act
or omission.(4)In this section—representativemeans—(a)foracorporation—anexecutiveofficer,employeeoragent of the corporation; or(b)foranindividual—anemployeeoragentoftheindividual.state of
mindof a person includes—(a)theperson’sknowledge,intention,opinion,belieforpurpose; andCurrent as at
[Not applicable]Page 347
Public
Health Act 2005Chapter 10 Legal proceedings[s
448](b)the person’s reasons for the
intention, opinion, belief orpurpose.Notauthorised—indicativeonly448Liability of
executive officer—particular offencescommitted by
corporation(1)An executive officer of a corporation
commits an offence if—(a)the corporation
commits an offence against an executiveliability
provision; and(b)the officer did not take all
reasonable steps to ensure thecorporation did
not engage in the conduct constitutingthe
offence.Maximumpenalty—thepenaltyforacontraventionoftheexecutive liability provision by an
individual.(2)In deciding whether things done or
omitted to be done by theexecutiveofficerconstitutereasonablestepsforsubsection (1)(b), a court must have
regard to—(a)whether the officer knew, or ought
reasonably to haveknown,ofthecorporation’sconductconstitutingtheoffence against the executive liability
provision; and(b)whethertheofficerwasinapositiontoinfluencethecorporation’s conduct in relation to the
offence againstthe executive liability provision;
and(c)any other relevant matter.(3)Theexecutiveofficermaybeproceededagainstfor,andconvicted of, an offence against subsection
(1) whether or notthe corporation has been proceeded against
for, or convictedof, the offence against the executive
liability provision.(4)This section
does not affect—(a)the liability of the corporation for
the offence against theexecutive liability provision;
or(b)the liability, under the Criminal
Code, chapter 2, of anyperson, whether or not the person is
an executive officerof the corporation, for the offence
against the executiveliability provision.Page
348Current as at [Not applicable]
Public Health Act 2005Chapter 10 Legal
proceedings[s 449](5)In
this section—executiveliabilityprovisionmeanseitherofthefollowingprovisions—•section 57E•section 57F(2).Notauthorised—indicativeonly449Fines payable to local
government(1)Subsection (2) applies if—(a)a proceeding for an offence about a
matter is taken by alocal government; and(b)a court imposes a fine for the
offence.(2)The fine must be paid to the local
government.Part 4Appeals450Who may appeal(1)Anownerofathingforfeitedtoarelevantentityundersection 413(1) who is dissatisfied with the
decision resultingin the forfeiture may appeal against the
decision.(2)In this section—relevant
entitysee section 413(4).451Starting an appeal(1)An
appeal may be started at—(a)the Magistrates
Court nearest the place where the personlives or carries
on business; or(b)a Magistrates Court at
Brisbane.(2)The notice of appeal under theUniform Civil Procedure Rules1999must be filed
with the registrar of the court within 28days
after—Current as at [Not applicable]Page
349
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 11 Miscellaneous[s 452](a)if the person is given notice of the
decision—the day theperson is given the notice; or(b)ifparagraph(a)doesnotapply—thedaythepersonotherwise
becomes aware of the forfeiture.(3)Thecourtmay,atanytime,extendthetimeforfilingthenotice of appeal.452Hearing proceduresIn hearing the
appeal, the court is not bound by the rules ofevidence.453Appeal to District CourtAnappealliestotheDistrictCourtfromadecisionofaMagistrates Court under this part, but
only on a question oflaw.Chapter 11MiscellaneousPart 1Annual report on public healthissues454Chief
executive to give Minister annual report(1)The
chief executive must give the Minister an annual report (apublichealthreport)aboutpublichealthissuesforQueensland.(2)The
public health report may be included in the department’sannual report under theFinancial
Accountability Act 2009.(3)If
the public health report is not included in the department’sannual report, the Minister must table the
public health reportin Parliament within 7 sitting days of
receiving it.Page 350Current as at
[Not applicable]
Notauthorised—indicativeonlyPart
1APublic Health Act 2005Chapter 11
Miscellaneous[s 454A]Civil liability
forasbestos-related harmDivision 1Preliminary454ADefinitions for pt 1AIn this
part—annual compliance certificatesee
section 454J(1).asbestos-related eventmeans an
event—(a)involving the exposure, release or
dispersal, or potentialexposure, release or dispersal, of
asbestos fibres; and(b)relatedtotheperformanceofalocalgovernment’sasbestos-related
function.asbestos-related function, of
a local government, means theadministrationandenforcementofthisActbythelocalgovernmentforapublichealthriskmentionedinsection 11(1)(b)(v)or(viii)totheextenttheriskrelatestoasbestos at a place other than a
workplace.asbestos-relatedharmmeansharmthatis,orissufferedbecause of, a dust-related condition within
the meaning of theCivil Liability Act 2003that is
attributable to asbestos.conductmeans an act or
omission to act.harmmeans harm of
any kind, other than damage to property,including—(a)personal injury, including the
following—(i)disease;(ii)psychological or psychiatric injury;(iii)fatal injury;
and(b)economic loss.Current as at
[Not applicable]Page 351
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 11 Miscellaneous[s 454B]indemnifiedliability,ofalocalgovernment,meansacivilliabilityofthelocalgovernmentthatisindemnifiedbytheState under section 454C(1).indemnity conditionssee section
454F.officialconduct,ofaprescribedperson,meansconductengaged in by the person as part of, or in
connection with, theperformanceofalocalgovernment’sasbestos-relatedfunction.prescribed personmeans—(a)a chief executive officer of a local
government; or(b)anauthorisedpersonappointedbyachiefexecutiveofficer of a local government; or(c)apersonactingunderthedirectionofapersonmentionedinparagraph(a)or(b),otherthanathird-party contractor.third-party
contractor, of a local government, means a
personengaged by the local government under a
contract to provideservices to assist the local government with
the performanceof its asbestos-related function.Division 2Protection from
civil liability andindemnity454BProtecting prescribed persons from civil
liability forasbestos-related harm(1)A
prescribed person is not civilly liable for official conductengagedinbythepersonthatgivesrisetoasbestos-relatedharm.(2)Ifsubsection
(1)preventsacivilliabilityattachingtoaprescribed person, the liability
attaches instead to the relevantlocal
government.(3)Ifliabilityattachestoalocalgovernmentundersubsection (2), the local government may
recover contributionPage 352Current as at
[Not applicable]
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 11
Miscellaneous[s 454C]from the
prescribed person but only if the official conduct wasengaged in—(a)other than in good faith; and(b)with gross negligence.(4)In a proceeding under subsection (3)
to recover contribution,the amount of contribution recoverable
is the amount found bythe court to be just and equitable in
the circumstances.454CIndemnifying local government against
civil liability forasbestos-related harm(1)A
local government is indemnified by the State against anycivil liability for official conduct of a
prescribed person thatgivesrisetoasbestos-relatedharm,includingliabilitythatattaches to the
local government under section 454B(2).(2)However, subsection (1) applies only if the
local governmenthasreasonablycompliedwiththeindemnityconditionsinrelationtoeachasbestos-relatedeventtowhichtheofficialconduct
relates.(3)Theonusofprovingthelocalgovernmenthasreasonablycompliedwiththeindemnityconditionsisonthelocalgovernment.(4)For
the purposes of subsection (1), the State is subrogated totherightsofthelocalgovernmentinrelationtothecivilliability.(5)For
the purposes of subsection (4), the State may manage andcontrol any proceedings started against the
local governmentin relation to the civil liability.454CA
Local government must notify State of claim(1)This
section applies if a proceeding is started against a localgovernment and it may result in an
indemnified liability of thelocal
government.Current as at [Not applicable]Page
353
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 11 Miscellaneous[s 454D](2)The local government must give notice
of the proceeding totheStateassoonaspracticableaftertheproceedinghasstarted.454DState
may recover contribution in particularcircumstances(1)The
State may recover contribution from the local governmentfor
an indemnified liability of the local government but only ifthe
circumstances stated in subsection (2), (3) or (4) exist.(2)The official conduct giving rise to
the liability was engagedin—(a)other than in good faith; and(b)with gross negligence.(3)Thelocalgovernmentengagedinconductthatthelocalgovernment knew,
or ought reasonably to have known, couldhaveprejudicedtheState’sdefenceofaclaim,orpotentialclaim, relating
to the liability.(4)Thelocalgovernmentdidnot,atitscost,reasonablycooperate with,
and assist, the State to defend the claim thatresulted in the
liability.(5)In a proceeding under this section to
recover contribution, theamount of contribution recoverable is
the amount found by thecourt to be just and equitable in the
circumstances.454ELimitation on indemnityA
local government’s right to indemnity under section 454CdoesnotapplyinrelationtoacivilliabilityofthelocalgovernmentundertheWorkers’CompensationandRehabilitation Act 2003.Page
354Current as at [Not applicable]
Notauthorised—indicativeonlyDivision 3Public Health Act
2005Chapter 11 Miscellaneous[s 454F]Indemnity conditions454FPurpose of div 3This division
states the conditions (theindemnity conditions)with which a local government must
comply, for the purposesof section 454C(2), in relation to an
asbestos-related event.454GTrainingThe
local government must ensure an authorised person whoexercises the person’s powers under this Act
in relation to theasbestos-relatedeventhassatisfactorilycompletedthetraining prescribed by
regulation.454HCompliance with Act, laws and
guidelines(1)Thelocalgovernmentmustcomplywiththefollowinginrelation to the asbestos-related
event—(a)this Act;Note—Under section 17(3), a local government must
comply with arequest from the chief executive for
information about the localgovernment’sadministrationandenforcementofparticularmatters within a
stated reasonable time. Noncompliance with therequest may
breach this indemnity condition.(b)any
other law relevant to the event;(c)a
guideline made under subsection (2) that is prescribedbyregulationandpublishedonthedepartment’swebsite.(2)Thechiefexecutivemaymakeaguidelineaboutasbestos-related events.Current as at
[Not applicable]Page 355
Public
Health Act 2005Chapter 11 Miscellaneous[s 454I]Notauthorised—indicativeonly454IRecord-keeping(1)The
local government must ensure a record is kept about theasbestos-relatedeventthatincludesdetailsofthefollowingmatters—(a)if a complaint was received about the
event—the date ofthecomplaint,thenameandcontactdetailsofthecomplainant, and
the nature of the event;(b)thelocationoftheevent,includingtheaddressoftheplaceorpremises,andthelocationattheplaceorpremises, where the event occurred;(c)the names and contact details of
persons known to haveknowledge of the event or any action
taken in responseto the event;(d)any
action taken by the local government in response totheevent,including,forexample,investigation,remediation,
enforcement or prosecution action;(e)any
advice given to a person by the local governmentabout the event, including a copy of any
written adviceand a summary of any verbal advice;(f)anycorrespondencesenttoorreceivedbythelocalgovernmentabouttheevent,includingacopyofthecorrespondence;(g)any
measures intended to remove or reduce the publichealth risk, or prevent the risk from
recurring, relating toasbestos put in place in relation to
the event by—(i)the local government; or(ii)apersonotherthanthelocalgovernmentifthelocal government is aware of the
measures;(h)anyresultsknowntothelocalgovernmentofactionmentionedinparagraph(d)ormeasuresmentionedinparagraph (g);(i)a
guideline made under section 454H(2) complied withbythelocalgovernmentinrelationtotheevent,including the
name and version of the guideline.Page 356Current as at [Not applicable]
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 11
Miscellaneous[s 454J](2)Also, the local government must ensure a
record is kept aboutan authorised person who exercises
powers under this Act inrelation to the asbestos-related event
that includes details ofanytrainingmentionedinsection 454Gcompletedbytheperson.(3)DespitethePublicRecordsAct2002,section 13,thelocalgovernmentmustensureapublicrecordaboutanyofthefollowing is
kept for at least 70 years after the day of the lastaction on the record—(a)the
asbestos-related event;(b)training
completed by an authorised person relating tothe event
mentioned in subsection (2);(c)anannualcompliancecertificaterelatingtotheeventthat
is given under section 454J;(d)anoticegivenundersection
454Kacknowledgingreceipt of an
annual compliance certificate mentioned inparagraph
(c).(4)In this section—public
recordsee thePublic Records
Act 2002, section 6.Division 4Annual compliance certificate454JRequirement for annual compliance
certificate(1)The chief executive officer of a local
government may give thechiefexecutiveacertificate(anannualcompliancecertificate)forayearaboutthelocalgovernment’scompliancewiththeindemnityconditionsfor1ormoreasbestos-related events that happened during
the year.(2)The annual compliance certificate for
a year must be—(a)in the approved form; and(b)signed by the chief executive officer;
and(c)verified by statutory
declaration.Current as at [Not applicable]Page
357
Public
Health Act 2005Chapter 11 Miscellaneous[s 454K](3)In this section—approved
formmeans a form approved by the chief
executive.Notauthorised—indicativeonly454KAcknowledgement
of receipt of annual compliancecertificate(1)This
section applies if the chief executive receives an annualcompliancecertificatefromthechiefexecutiveofficerofalocal government under section
454J.(2)As soon as practicable after receiving
the certificate, the chiefexecutivemustgivethechiefexecutiveofficeranoticeacknowledging
receipt of the certificate.454LEvidentiary
provision(1)An annual compliance certificate
purporting to be signed bythechiefexecutiveofficerofalocalgovernmentis,intheabsence of
evidence to the contrary, evidence of the mattersstated in the certificate.(2)Subsection (1)appliesonlyiftheannualcompliancecertificatewasgiventothechiefexecutiveundersection
454J(1)within2yearsaftertheendoftheyeartowhich the certificate relates.Part
2Other provisions455Delegations(1)The
chief executive may delegate the chief executive’s powersunder this Act to an appropriately qualified
person who is—(a)a public service officer or employee;
or(b)a health service employee.(2)However,thechiefexecutivemaydelegatethechiefexecutive’spowertogiveadirectionsnoticeundersection156E(2) only to—Page 358Current as at [Not applicable]
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 11
Miscellaneous[s 456](a)a
person mentioned in subsection (1)(a) or (b) who is—(i)amemberofthehealthexecutiveserviceasdefinedintheHospitalandHealthBoardsAct2011, schedule 2;
and(ii)employed by the
department; or(b)the chief health officer.456Protecting prescribed persons from
liability(1)A prescribed person is not civilly
liable for an act done, oromissionmade,honestlyandwithoutnegligenceunderthisAct.(2)Ifsubsection
(1)preventsacivilliabilityattachingtoaprescribed person, the liability
attaches instead to—(a)if the
prescribed person is a chief executive officer, anauthorised person appointed by a chief
executive officeror a person acting under the direction of an
authorisedpersonappointedbyachiefexecutiveofficer—therelevant local
government; or(b)if paragraph (a) does not apply—the
State.(3)This section does not apply to a
prescribed person—(a)in relation to a civil liability, if
section 454B(1) preventsthe liability attaching to the person;
or(b)if the person is a State employee
within the meaning ofthePublic Service
Act 2008, section 26B(4).Note—Forprotectionfromcivilliabilityinrelationtothechiefexecutive or
another public service officer or employee—see thePublic Service Act 2008, section
26C.(4)In this section—prescribed
personmeans—(a)the
Minister; or(b)a chief executive officer; orCurrent as at [Not applicable]Page
359
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 11 Miscellaneous[s 457](c)an authorised person; or(d)a contact tracing officer; or(e)an emergency officer; or(f)a person in charge of a public sector
health service; or(g)a designated medical officer;
or(h)a State analyst; or(i)apersonactingunderthedirectionofapersonmentioned in
paragraph (a) to (h).457Public officials
for Police Powers and ResponsibilitiesActThe
following persons are declared to be public officials forthePolice Powers and Responsibilities Act
2000—(a)the chief
executive; or(b)an authorised person; or(c)a contact tracing officer; or(d)an emergency officer; or(e)a person in charge of a public sector
health service; or(f)a designated medical officer.458Approval of forms(1)The
chief executive may approve forms for use under this Act.(2)Thechiefexecutiveofficerofalocalgovernmentmayapprove forms for use by the local
government under this Act.459Service of
documents(1)If a document is required or permitted
under this Act to begiven to a person, the document may be
given to the person byfax transmission directed and sent
to—Page 360Current as at
[Not applicable]
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 11
Miscellaneous[s 460](a)the
last fax number given to the giver of the documentby
the person as the facsimile transmission number forservice of documents on the person;
or(b)the fax transmission number
operated—(i)at the address of the person last
known to the giverof the document; or(ii)if
the person is a corporation, at the corporation’sregistered office under the Corporations
Act.(2)A document given under subsection (1)
is taken to have beengiven on the day the document is
transmitted.460Compliance with provisions about
explaining and givingdocuments(1)This
section applies if, under a provision of this Act, a personis
authorised or required to explain the terms and effects of
anorder or something else under this Act, or
give information ora notice to—(a)a
child; or(b)a child’s parents, each of a child’s
parents or at least 1 ofa child’s parents.(2)Also, this section applies if a person is
required to obtain theconsent of a parent.(3)The person need only comply with the
provision to the extentthat is reasonably practicable in the
circumstances.(4)Withoutlimitingsubsection (3),itisnot,forexample,reasonablypracticabletocomplywiththeprovisioninrelation to a child’s parents if, after
reasonable inquiries, theparentsortheirwhereaboutscannotbeascertainedor,ifascertained, can not be
contacted.(5)Also, so far as compliance relates to
telling a child about amatter, a person need only comply with
the provision to theextent that the person reasonably
considers is appropriate inthe
circumstances having regard to the child’s age or ability tounderstand the matter.Current as at
[Not applicable]Page 361
Public
Health Act 2005Chapter 11 Miscellaneous[s 461](6)If under the provision a person is
required to give a child’sparents a copy of a document or
information in writing, theperson must also
give the child the information in writing ifthepersonconsidersitisappropriateinthecircumstanceshaving regard to
the child’s age or ability to understand theinformation.Notauthorised—indicativeonlyPart 3Regulations461Regulation-making power(1)TheGovernorinCouncilmaymakeregulationsunderthisAct.(2)AregulationmadeunderthisActmaybemadeaboutthefollowing—(a)measures to prevent and control the spread
of infectiousconditions, including—(i)standards for the manufacture of any product
or theprovision of any service; and(ii)procedures to be
followed in cleaning, disinfecting,sterilising or
disposing of any matter exposed to aninfectious
condition; and(iii)the training and
qualifications for a person who isproviding a
declared health service;(b)standardsforthestorage,transportandqualityofdrinkingwater,greywater,recycledwaterandwaterused for
recreational purposes, including, for example,standardsforthequalityofrecycledwaterforuseonparticular crops;(c)themanagementofthequalityofdrinkingwater,greywater,recycledwaterandwaterusedforrecreationalpurposes,including,forexample,monitoring,analysisandreportingrequirementsforawater service provider.(3)Also, a regulation made under this Act
may—Page 362Current as at
[Not applicable]
Public Health Act 2005Chapter 12
Savings and transitional[s 462](a)impose a penalty of not more than 100
penalty units fora contravention of a provision of a
regulation; and(b)set fees payable under this
Act.Notauthorised—indicativeonlyChapter 12Savings and
transitionalPart 1Savings and
transitionalprovisions for Act No. 48 of2005462Notifiable
conditions(1)Section 70appliestoadoctorinrelationtoaclinicaldiagnosisnotifiableconditionoraprovisionaldiagnosisnotifiable condition if—(a)thedoctorwasrequiredtogiveanoticetothechiefexecutiveundertheHealthAct1937,section 32A(1),about a
notifiable disease to which the condition relates;and(b)thedoctordidnotgivethenoticebeforethecommencement day.(2)Section 71appliestoapersoninchargeofahospitalinrelationtoaclinicaldiagnosisnotifiableconditionoraprovisional
diagnosis notifiable condition if—(a)thepersonwasrequiredtogiveanoticetothechiefexecutive under
theHealth Act 1937, section
32A(2)(b),about a notifiable disease to which the
condition relates;and(b)thepersondidnotgivethenoticebeforethecommencement day.Current as at
[Not applicable]Page 363
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 12 Savings and transitional[s
463](3)Section 72appliestoapersonwhoisthedirectorofapathology laboratory in relation to a
specimen if—(a)thepersonwasrequiredtogiveanoticetothechiefexecutiveundertheHealthAct1937,section 32A(4),relating to the
specimen; and(b)thepersondidnotgivethenoticebeforethecommencement day.(4)Section 75appliesasifareferencetoanoticegivenunderchapter 3, part
2, division 2 included a reference to a noticegiven under
theHealth Act 1937, section
32A.(5)If, immediately before the
commencement day, a person hadnot complied
with a requirement under theHealth Act
1937,section 32A(9),togivefurtherinformationtothechiefexecutive, the
requirement is taken to have been made undersection
75(2).(6)In this section—commencement
daymeans—(a)for
subsection (1)—the day section 70 commences; or(b)for
subsection (2)—the day section 71 commences; or(c)for
subsection (3)—the day section 72 commences; or(d)for
subsection (5)—the day section 75 commences.463Notifiable Conditions RegisterThe
chief executive may include, in the Notifiable ConditionsRegister, the information held by the chief
executive that wasobtainedfromnoticesgivenundertheHealthAct1937,section 32A.464Order
for removal or detention of person with notifiabledisease(1)This
section applies to an order under theHealthAct1937,section 36(1) or (3) or 37, that was—Page
364Current as at [Not applicable]
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 12
Savings and transitional[s 465](a)made
less than 28 days before the commencement day;and(b)in force immediately before the
commencement day.(2)Theordercontinuesinforceasadetentionorderunderchapter 3, part
5, division 4.(3)Subject to this Act, the orderendsatthetimestated intheorder, or 28 days after it was made,
whichever happens first.(4)In this
section—commencement daymeans the day
section 129 commences.465Order to cleanse
and disinfect premises(1)ThissectionappliestoanoticeundertheHealthAct1937,section 38,inforceimmediatelybeforethecommencementday.(2)The notice continues in force as a
public health order.(3)In this
section—commencement daymeans the day
section 23 commences.466Order closing a
school(1)This section applies to an order under
theHealthAct1937,section 47(7), that was—(a)made
less than 1 month before the commencement day;and(b)in force immediately before the
commencement day.(2)The order continues in force as an
order under section 181.(3)Subject to this
Act, the orderendsatthetimestated intheorder, or 1 month after it was made,
whichever happens first.(4)In this
section—commencement daymeans the day
section 181 commences.Current as at [Not applicable]Page
365
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 12 Savings and transitional[s
467]467Mandatory reporting(1)Section 191appliestoaprofessionalinrelationtoharmorlikely harm if the professional—(a)was required to give notice of the
harm or likely harmunder theHealth Act
1937, section 76KC; and(b)did
not give the notice before the commencement day.(2)Section 192appliestoaprofessionalinrelationtoharmorlikely harm if the professional—(a)orally gave notice about the harm or
likely harm undertheHealth Act 1937, section 76KC;
and(b)did not give written notice about the
harm or likely harmundertheHealthAct1937,section 76KD,beforethecommencement day.(3)Section 194appliestoaprofessionalinrelationtoharmorlikely harm if the professional gave the
chief executive (childsafety)anoticeabouttheharmorlikelyharmundertheHealth Act 1937, section 76KC
or 76KD.(4)Section 194(3)appliestoarequestforstatedinformationundertheHealthAct1937,section 76KFthatwasnotcomplied with
before the commencement day.(5)In
this section—commencement daymeans—(a)for subsection (1)—the day section 191
commences; or(b)for subsection (2)—the day section 192
commences; or(c)forsubsection
(3)or(4)—thedaysection 194commences.468Temporary custody of children(1)This section applies to an order under
theHealthAct1937,section 76L,thatwasinforceimmediatelybeforethecommencement day.(2)The
order continues in force as an order under section 197.Page
366Current as at [Not applicable]
Public Health Act 2005Chapter 12
Savings and transitional[s 469](3)Subject to this Act, the order ends at the
time stated in it, evenif that is more than 48 hours after it
was made.(4)In this section—commencement
daymeans the day section 197 commences.Notauthorised—indicativeonly469Abatement of nuisance(1)ThissectionappliestoanoticeundertheHealthAct1937,section 79, requiring the abatement of a
nuisance mentionedinsection 77(a),(b),(c),(d)or(h)ofthatAct,thatwasinforce immediately before the
commencement day.(2)The notice continues in force as a
public health order.(3)In this
section—commencement daymeans the day
section 23 commences.470Notice relating
to sewer, stormwater drain or sanitaryconvenience(1)ThissectionappliestoanoticeundertheHealthAct1937,section 94(3), in force immediately before
the commencementday.(2)The
order continues in force as a public health order.(3)In this section—commencement
daymeans the day section 23 commences.471Cancer notifications(1)Section 234(1)appliestothedirectorofapathologylaboratoryinrelationtoapathologicalexaminationofaspecimen of human origin carried out
at the laboratory beforethe commencement day if—(a)theexaminationindicatesthatthepersonfromwhomthe specimen was
taken is or was suffering from cancerof a class to
which theHealth Act 1937, section
100C(2)applied; andCurrent as at
[Not applicable]Page 367
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 12 Savings and transitional[s
472](b)thedirectordidnotgiveacompletedreturnfortheperson under
theHealth Act 1937, section
100C(2).(2)If,immediatelybeforethecommencementday,amedicalpractitionerhadnotgivenacompletedreturnorcopyofacompleted return to the chief
executive under theHealth Act1937,section 100C(3),thatsubsection,asinforceimmediatelybeforethecommencementday,continuestoapply to the medical practitioner.(3)In this section—commencement
daymeans the day section 234 commences.472Cancer registers(1)ThechiefexecutivemayincludeintheQueenslandCancerRegister—(a)the
contents of the old cancer register; and(b)anyofthefollowinginformationheldbythechiefexecutive that, on the commencement day, had
not yetbeen included in the old cancer
register—(i)information from a return mentioned in
theHealthAct 1937,
section 100C;(ii)informationobtainedundertheHealthAct1937,section 100DC.(2)In
this section—commencement daymeans the day
section 230 commences.oldcancerregistermeanstheregisterthat,beforethecommencementday,waskeptundertheHealthAct1937,section 100D.473Continued obligation to give cancer
return(1)Thissectionappliesif,immediatelybeforethecommencementday,apersonhadnotcompliedwitharequirement under the repealed
provision to give a return tothe chief
executive.Page 368Current as at
[Not applicable]
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 12
Savings and transitional[s 474](2)Therepealedprovision,asinforceimmediatelybeforethecommencementday,continuestoapplytothepersoninrelation to the return.(3)In
this section—commencementdaymeansthedaytheHealthAct1937,section 100C(1) is repealed under this
Act.repealedprovisionmeanstheHealthAct1937,section 100C(1).474Contractor(1)This
section applies to an agreement with a person under theHealthAct1937,section 100DA,thatwasinforceimmediatelybeforethecommencementday(thecurrentagreement).(2)The current agreement continues in
force under section 232 inaccordance with its terms, with any
necessary changes, as if itwere an
agreement to keep the Queensland Cancer Register.(3)Whilethecurrentagreementisinforce,thepersonwithwhomitismade(thecurrentcontractor)istakentobeprescribed under section 232.(4)Subsection (3) does not affect the
power of the Governor inCouncil to—(a)prescribe the current contractor under
section 232 for atime after the current agreement ends;
or(b)prescribeanotherpersonundersection 232,whetherbefore or after the current agreement
ends.(5)In this section—commencement
daymeans the day section 232 commences.Current as at [Not applicable]Page
369
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 12 Savings and transitional[s
475]475Further information may be required
about cancerreturns(1)Section 236appliesasifareferencetoanotificationaboutcancerincludedareturngiven,beforethecommencementday, under
theHealth Act 1937, section
100C.(2)In this section—commencement
daymeans the day section 236 commences.476Continuing obligation to give further
information aboutcancer return(1)Thissectionappliesif,immediatelybeforethecommencement day, a person had not
complied with a noticegiventothepersonundertheHealthAct1937,section 100DC.(2)The
notice is taken to have been given under section 236.(3)In this section—commencement
daymeans the day section 236 commences.477Pap Smear Register(1)The
chief executive may include the contents of the old PapSmear Register in the Pap Smear Register
under section 253.(2)In this section—commencement
daymeans the day section 253 commences.oldPapSmearRegistermeanstheregisterthat,beforethecommencementday,waskeptundertheHealthAct1937,section 100FC.478Duty
of director to give Pap smear information(1)This
section applies if—(a)thedirectorofapathologylaboratory wasrequiredtogive information to the chief
executive under theHealthAct 1937,
section 100FJ; andPage 370Current as at
[Not applicable]
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 12
Savings and transitional[s 479](b)immediately before the commencement day, the
directorhad not given the information to the chief
executive.(2)Section 259(2) and (3) apply to the
information.(3)In this section—commencement
daymeans the day section 259 commences.479Chief executive’s duty to send
notice(1)Thissectionappliesif,beforethecommencementday,thechief executive received information
mentioned in theHealthAct 1937,
section 100FK(1), relating to a woman but did notsend
the woman a notice under that section.(2)Thechiefexecutivemustsendthewomananoticeundersection 260.(3)In
this section—commencement daymeans the day
section 260 commences.480Request to remove
registered screening history(1)Section 263 applies to a request made under
theHealthAct1937,section 100FM,if,immediatelybeforethecommencementday,thechiefexecutivehadnotcompliedwith
the request.(2)In this section—commencement
daymeans the day section 263 commences.481Request to change identifying
information(1)Section 264 applies to a request under
theHealthAct1937,section 100FN,if,immediatelybeforethecommencementday, the chief
executive had not complied with the request.(2)In
this section—commencement daymeans the day
section 264 commences.Current as at [Not applicable]Page
371
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 12 Savings and transitional[s
482]482Request for registered screening
history(1)Section 268(1) applies to a request
under theHealth Act 1937,section 100FP(2), if, immediately before the
commencementday, the person receiving the request had
not complied with it.(2)In this
section—commencement daymeans the day
section 268 commences.483Agreement to send
out notices(1)This section applies to an agreement
with a person under theHealthAct1937,section 100FV,thatwasinforceimmediately before the commencement
day.(2)Theagreementcontinuesinforceundersection 277inaccordance with its terms, with any
necessary changes, as if itwere an
agreement to send out the notices mentioned in thatsection.(3)In
this section—commencement daymeans the day
section 277 commences.484Designated health
practitioners(1)This section applies to a person who
was, immediately beforethecommencementday,apersondesignatedasahealthpractitioner
under theHealth Act 1937, section
100FX.(2)The person is taken to be designated
as a health practitionerunder section 279.(3)In
this section—commencement daymeans the day
section 279 commences.485Perinatal
Statistics Collection(1)Thechiefexecutivemayinclude,inthePerinatalStatisticsCollection,informationfromareturngiven,beforethecommencementday,undertheHealthAct1937,section 100H.Page 372Current as at [Not applicable]
Public Health Act 2005Chapter 12
Savings and transitional[s 486](2)In
this section—commencement daymeans the day
section 215 commences.Notauthorised—indicativeonly486Notification about delivery(1)Section 217 applies to a person in
relation to a delivery thathappened before
the commencement day if the person did notgive the chief
executive a return relating to the delivery undertheHealth Act 1937, section
100H.(2)In this section—commencement
daymeans the day section 217 commences.487Further information about perinatal
statistics(1)Theinformationthatmayberequiredundersection
218includesinformationrelatingtoadeliverythathappenedbefore the commencement day.(2)In this section—commencement
daymeans the day section 218 commences.deliverysee section
214.488Notice to comply with standard about
paint(1)This section applies to a notice to
comply under theHealthAct1937,section 129H,inforceimmediatelybeforethecommencement day.(2)The
notice continues in force as a public health order.(3)In this section—commencement
daymeans the day section 23 commences.489Authority to conduct scientific
research and studies(1)This section
applies to a person who, immediately before thecommencementday,wasauthorisedtoconductscientificCurrent as at
[Not applicable]Page 373
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 12 Savings and transitional[s
490]researchandstudiesundertheHealthAct1937,section 154M.(2)The
chief executive is taken to have granted an application bythepersonunderchapter6,part4,division2,tobegivenhealth information held by the department
for the research towhich the authority applied.(3)Theapplicationistakentohavebeengrantedforaperiodending 2 years
after the commencement day.(4)Subsection (3)—(a)applies subject to any earlier ending, under
this Act, oftheperiodforwhichtheapplicationistakentohavebeen granted;
and(b)does not affect the making, or dealing
with, of anotherapplication by the person under chapter 6,
part 4.(5)In this section—commencement
daymeans the day section 284 commences.490Offences(1)Proceedings for an offence against a
repealed provision maybe started or continued, and a
repealed provision necessary orconvenient to be
used in relation to the proceedings continuesto apply, as if
this Act had not commenced.(2)Forsubsection (1),theActsInterpretationAct1954,section 20 applies, but does not limit the
subsection.(3)In this section—repealed
provisionmeans a provision of theHealth Act
1937omitted by this Act.491References to Health Act 1937InanActorotherdocument,areferencetotheHealthAct1937may, if the
context permits, be taken to be a reference tothis Act.Page
374Current as at [Not applicable]
Notauthorised—indicativeonlyPart
2Public Health Act 2005Chapter 12
Savings and transitional[s 492]Transitional
provision forHealth Legislation (Restrictionon
Use of Cosmetic Surgery forChildren and
Another Measure)Amendment Act 2008492When
prohibition on performing cosmetic procedures onchildren does not apply(1)Section 213Bdoesnotapplytoapersonwhoperformsacosmeticprocedureonachildwithin3monthsafterthecommencementifthepersonagreedbeforethecommencement,inthenormalcourseoftheperson’sbusiness, to perform the procedure on the
particular child.(2)In this section—commencementmeans the
commencement of this section.cosmetic
proceduresee section 213A.Part 3Transitional provisions forHospital and Health Boards Act2011493Definitions for
pt 3In this part—commencementmeans the
commencement of this part.HospitalandHealthServiceseetheHospitalandHealthBoards Act
2011, schedule 2.494Application for information for
research(1)This section applies if—Current as at [Not applicable]Page
375
Notauthorised—indicativeonlyPublic Health Act 2005Chapter 12 Savings and transitional[s
495](a)thechiefexecutivehasgrantedanapplicationunderchapter6,part4forapersontobegivenhealthinformation held
by the department for research; and(b)onthecommencement,theperiodforwhichtheapplication has been granted has not ended;
and(c)onthecommencement,someorallofthehealthinformation
given, or that may be given, to the person isheldbyaHospitalandHealthServiceinsteadofthedepartment.(2)The
grant is taken to also apply to the health information heldby
the Hospital and Health Service instead of the department.Part
4Transitional provision forHealth Legislation AmendmentAct
2013495Maternal Death Statistics
CollectionThechiefexecutivemayinclude,intheMaternalDeathStatisticsCollection,informationrelatingtomaternalmortality that
was received by the chief executive before thecommencement of
this section.Page 376Current as at
[Not applicable]
Schedule 2DictionaryPublic Health Act
2005Schedule 2Notauthorised—indicativeonlysection 8Editor’s
note—Amendmentsofthedefinitionsmidwifeandregisterednurseareuncommenced amendments—see 2017 Act
No. 32 sch 1 pt 2.abnormal Pap smear, for chapter 6,
part 3, see section 251.administering executivemeans—(a)for
a person appointed under this Act as an authorisedpersonorcontacttracingofficerbythechiefexecutive—the
chief executive; or(b)for a person appointed under this Act
as an authorisedperson by a chief executive officer—the
chief executiveofficer; or(c)for
a person appointed under this Act as an authorisedperson by 2 or more chief executive
officers—the chiefexecutive officers jointly.ambulance officer, for chapter
4A, see section 157A.annualcompliancecertificate,forchapter11,part1A,seesection 454J(1).anonymity
code, for chapter 3, see section 62.approved formmeans a form
approved by the chief executiveor the chief
executive officer of a local government.approved
inspection programsee section 427.approvedlaboratorymeansalaboratoryapprovedbythechief executive
under section 434.approved operator, for chapter 6,
part 3A, see section 279AD.approved
provider—(a)for chapter 2A,
see section 61A; and(b)for chapter 5,
see section 158.Current as at [Not applicable]Page
377
Public
Health Act 2005Schedule 2Notauthorised—indicativeonlyPage 378asbestosmeans the asbestiform varieties of mineral
silicatesbelongingtotheserpentineoramphibolegroupsofrock-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)amixturecontaining1ormoreofthemineralsmentioned in
paragraphs (a) to (f).Note—Paragraphs (a),
(b), (c) and (f) mention mineral silicates that use thesamemineraltermforboththeasbestiformandnonasbestiformvarieties. The
word ‘asbestos’ has been included when listing theseminerals to emphasise that only the
asbestiform habit of these mineralsis regulated as
asbestos.asbestos-relatedevent,forchapter11,part1A,seesection 454A.asbestos-related
function, of a local government, for chapter11,
part 1A, see section 454A.asbestos-relatedharm,forchapter11,part1A,seesection 454A.AustralianImmunisationHandbook,forchapter5,part2,division 1AA, see section 160A.authorised person—(a)for chapter 4A, see section 157A;
or(b)otherwise—see section 377.baby, for chapter 6,
part 1, see section 214.baby born alive, for chapter 6,
part 1, see section 214.baby not born alive,
for chapter 6, part 1, see section 214.behavioural
ordermeans a behavioural order by a
magistrateunder chapter 3, part 5, division 3.Current as at [Not applicable]
Public Health Act 2005Schedule 2Notauthorised—indicativeonlybiomedical study, for chapter 6,
part 4, see section 280.business contact information,
for chapter 3, part 3, division 2,see section
98.business contact information
requirement, for chapter 3, part3, division 2,
see section 98.cancer, for chapter 6,
see section 229.care and treatment order, for chapter 5,
see section 158.centre based service, for chapter 5,
see section 158.chairperson, for chapter 7,
see section 293.chief executive (child safety),
for chapter 5, see section 158.chief executive
officermeans the chief executive officer of
alocal government.chiefexecutive’sauthorisation,forchapter2,part4,seesection 36(2).chief
executive’s order, for chapter 3, see section 112.chief health officersee theHospital and Health Boards Act2011, schedule
2.childmeans an
individual under 18 years.clinicalandappliedstudy,forchapter6,part4,seesection 280.clinical
diagnosis notifiable conditionsee section
62.clinical information, for chapter 6,
part 3, see section 251.clinical management,
for chapter 6, part 3, see section 251.collection—(a)for chapter 6, part 1, see section
214; or(b)for chapter 6, part 1A, see section
228C.commencementmeans—(a)for chapter 4, see section 147;
or(b)for chapter 12, part 3, see section
493.conduct, for chapter
11, part 1A, see section 454A.Current as at
[Not applicable]Page 379
Notauthorised—indicativeonlyPublic Health Act 2005Schedule 2confidential
information—(a)for chapter 2,
part 5, division 4, see section 53; or(b)for
chapter 3, part 2, division 3, see section 76; or(c)for chapter 3, part 3, division 3, see
section 104; or(d)for chapter 5, part 2, division 3, see
section 174; or(e)for chapter 6, part 1, division 4, see
section 219; or(f)for chapter 6, part 1A, division 4,
see section 228H; or(g)for chapter 6,
part 2, division 4, see section 237; or(h)for
chapter 6, part 3, see section 251; or(i)for
chapter 6, part 3A, division 5, see section 279AK.contactinformation,forchapter3,part3,division2,seesection 98.contactinformationrequirement,forchapter3,part3,division 2, see section 98.contact tracing officermeans a person
appointed as a contacttracing officer under section
90.contagious condition, for chapter 5,
see section 158.contractor, for chapter 6,
part 2, see section 229.controlled notifiable conditionsee
section 63.controllednotifiableconditionsdeclaration,forchapter8,see
section 315.controllednotifiableconditionsorder,forchapter3,seesection
62.convictionmeans a finding
of guilt or the acceptance of a pleaof guilty by a
court, whether or not a conviction is recorded.cooling
tower, for chapter 2A, see section 61A.coronersee the Coroners
Act 2003, schedule 2.cosmetic procedure, for chapter
5A, see section 213A.declared health servicesee
section 148.Page 380Current as at
[Not applicable]
Notauthorised—indicativeonlyPublic Health Act 2005Schedule 2declaredpublichealthemergency,forchapter8,seesection
315.delivery, for chapter 6,
part 1, see section 214.designated medical officersee
section 158.designated person, for chapter 6,
part 1, see section 214.designated pestsmeans any of the
following—(a)mosquitos;(b)rats;(c)mice;(d)other animals prescribed under a
regulation.detention order—(a)for chapter 3, means a detention order
by a magistrateunder chapter 3, part 5, division 4;
or(b)for chapter 8, see section 315.directions noticesee section
156E(2).director, of a pathology
laboratory, means the person who haseffective
control of—(a)the laboratory premises, whether or
not the person hasan interest in the premises; and(b)the use of equipment used at the
laboratory; and(c)the work performed by the staff in the
laboratory.disclosure section, for chapter 6,
part 3, see section 251.document certification
requirementsee section 418(5).document
production requirementsee section 418(6).drinking water—1Drinkingwatermeans water, for human consumption,intended primarily as water for drinking,
whether or notthe water is used for other purposes.2Drinking waterdoes not
include—Current as at [Not applicable]Page
381
Notauthorised—indicativeonlyPublic Health Act 2005Schedule 2(a)water that is food as defined under
theFoodAct2006; or(b)watertakenorsuppliedfordomesticpurposesunder theWater Act
2000.drinkingwaterserviceprovidermeansadrinkingwaterserviceproviderundertheWaterSupply(SafetyandReliability) Act 2008.dwellingdoes not include
land around a dwelling.education and care service,
for chapter 5, see section 158.educator,
for chapter 5, see section 158.emergencyexaminationauthority,forchapter4A,seesection
157D(1).emergencynotifiablecondition,forchapter8,seesection
315.emergency officersee section
315.emergency officer (general),
for chapter 8, see section 315.emergency
officer (medical), for chapter 8, see section 315.enforcement ordermeans an
enforcement order made underchapter 2, part
3, division 3.entity of the Statemeans—(a)a department; or(b)an
entity established under an Act for a public purpose.environmentalhealthevent,forchapter2,part5,seesection 47.environmental
health event register, for chapter 2, part 5, seesection 48.epidemiological
study, for chapter 6, part 4, see section
280.evaluationandplanningstudy,forchapter6,part4,seesection 280.examination
period, for chapter 4A, see section
157E(1).Page 382Current as at
[Not applicable]
Public Health Act 2005Schedule 2Notauthorised—indicativeonlyexecutiveofficer,ofacorporation,meansapersonwhoisconcernedwith,ortakespartin,thecorporation’smanagement,whetherornotthepersonisadirectorortheperson’s position is given the name of
executive officer.family day care co-ordinator,
for chapter 5, see section 158.family day care
service, for chapter 5, see section 158.general search, for chapter
4A, part 6, see section 157X.government
entityhas the meaning given in theGovernmentOwned
Corporations Act 1993.greywatermeanswastewaterfromabath,basin,kitchen,laundryorshower,whetherornotthewastewateriscontaminated with human waste.harm, for chapter 5,
see section 158.harm, for chapter
11, part 1A, see section 454A.harmful
thing, for chapter 4A, part 6, see section
157X.hazard, for chapter
2A, see section 61A.hazardous event, for chapter
2A, see section 61A.hazard source, for chapter
2A, see section 61A.health agencymeans the
department or a Hospital and HealthService.health care facilitysee section
149.health information held by a health
agency—(a)means—(i)informationheldbytheagencyaboutaperson’shealthortheprovisionofahealthservicetoaperson; or(ii)informationaboutaperson’shealthortheprovision of a
health service to the person obtainedby the agency
under this Act or another Act; or(iii)informationaboutaperson’shealthortheprovisionofahealthservicetoapersonheldorobtained by an approved operator under
chapter 6,Current as at [Not applicable]Page
383
Notauthorised—indicativeonlyPublic Health Act 2005Schedule 2part 3AforthepurposeofkeepingtheNotifiableDust Lung
Disease Register; or(iv)for chapter 6,
part 4, information about a person’shealthortheprovisionofahealthservicetoapersonheldorobtainedbyacontractorforthecontractortokeeptheQueenslandCancerRegister; and(b)includes information about a person who is
deceased.health ombudsmanmeans the health
ombudsman under theHealth Ombudsman Act 2013.health practitioner—(a)for chapter 4A,
see section 157A; or(b)for chapter 6,
part 3, see section 251; or(c)for
chapter 6, part 3A, see section 279AA.health
professional, for chapter 6, part 1A, see section
228C.health service—(a)for chapter 5, part 4, see section
213AA; or(b)for chapter 6, part 1A, see section
228C.healthservicechiefexecutiveseetheHospitalandHealthBoards Act
2011, schedule 2.health service
employeeseeHospital and Health Boards Act2011, schedule
2.health service facility, for chapter 5,
see section 158.histological sample, for chapter 6,
part 3, see section 251.histology test, for chapter 6,
part 3, see section 251.hospitalmeansapublicsectorhospital,aprivatehealthfacility or the Mater Misericordiae Public
Hospitals.HospitalandHealthServiceforchapter12,part3,seesection 493.HPV,
for chapter 6, part 3, see section 251.HPV
sample, for chapter 6, part 3, see section
251.Page 384Current as at
[Not applicable]
Notauthorised—indicativeonlyPublic Health Act 2005Schedule 2HPV
test, for chapter 6, part 3, see section
251.human research ethics committeemeans a committee formedinaccordancewithrequirementsprescribedunderaregulation.ICMP,
for chapter 4, see section 147.identifying
information, for chapter 6, part 3, see section
251.immunisationhistorystatement,forchapter5,part2,division 1AA, see section 160A.immunisationstatus“uptodate”,forchapter5,part2,division 1AA, see section 160A.improvement notice—(a)for chapter 2, part 5A, division 1,
see section 57A(2); or(b)for chapter 4,
part 3A, see section 156C(2).indemnityconditions,forchapter11,part1A,seesection 454F.information—(a)for chapter 2, part 5, division 4, see
section 53; or(b)for chapter 3, part 2, division 3, see
section 76; or(c)for chapter 3, part 3, division 3, see
section 104; or(d)for chapter 5, part 2, division 3, see
section 174; or(e)for chapter 6, part 1, division 4, see
section 219; or(f)for chapter 6, part 1A, division 4,
see section 228H; or(g)for chapter 6,
part 2, division 4, see section 237; or(h)for
chapter 6, part 3, see section 251; or(i)for
chapter 6, part 3A, division 5, see section 279AK.initial examination ordermeans an initial examination orderby a
magistrate under chapter 3, part 5, division 2.invasive
procedure, for chapter 4, see section 147.issuing authoritymeans—Current as at [Not applicable]Page
385
Notauthorised—indicativeonlyPublic Health Act 2005Schedule 2(a)if a
matter is done by a person for a local government,the
local government; or(b)if a matter is
done by the chief executive or by a personfor the chief
executive, the chief executive.Legionella, for chapter
2A, see section 61A.localgovernmentpublichealthrisk,forchapter2,seesection
10.maternal death, for chapter 6,
part 1A, see section 228C.Maternal Death Statistics
Collectionsee section 228C.midwifemeansapersonregisteredundertheHealthPractitionerRegulationNationalLawtopractiseinthemidwifery
profession, other than as a student.mobile
premises, for chapter 4, see section 147.monitoring and surveillance study,
for chapter 6, part 4, seesection 280.motorvehiclemeansavehicleforwhichregistrationisrequiredundertheTransportOperations(RoadUseManagement—VehicleRegistration)Regulation1999andincludes a caravan and a
trailer.nominated person, for chapter 6,
part 3, see section 251.noticemeans a written
notice.notifiable conditionsee section
64.Notifiable Conditions Registersee
section 62.notifiabledustlungdisease,inrelationtoaperson,forchapter 6, part 3A, see section
279AA.notification, for chapter 6,
part 1A, see section 228C.notificationaboutcancer,forchapter6,part2,seesection 229.obstructincludes hinder and attempt to obstruct or
hinder.occupationalexposure,forchapter6,part3A,seesection279AA.Page
386Current as at [Not applicable]
Public Health Act 2005Schedule 2Notauthorised—indicativeonlyoccupier,ofaplace,includesapersonwhoreasonablyappears to be an
occupier, or in charge, of the place.official
conduct, of a prescribed person, for chapter 11,
part1A, see section 454A.operator,ofahealthcarefacility,forchapter4,seesection 147.owner,ofland,hasthemeaninggivenintheLocalGovernment Act
2009.panel, for chapter 7,
see section 293.Pap smear, for chapter 6,
part 3, see section 251.Pap Smear Register, for chapter 6,
part 3, see section 251.Pap smear test, for chapter 6,
part 3, see section 251.parent, of a child,
for chapter 5, see section 158.pathological
diagnosis notifiable condition, for chapter 3,
seesection 62.pathologylaboratoryincludespremisesusedforthepathological
examination of Pap smears, histological samples,blood or other specimens of human
origin.pathologyrequestnotifiablecondition,forchapter3,seesection
62.Perinatal Statistics Collectionsee
section 214.personal search, for chapter
4A, part 6, see section 157X.person in
charge—(a)for a school,
for chapter 5, see section 158; or(b)for
an education and care service, see section 158; or(c)for a child care service, for chapter
5, see section 158.placeincludes
premises and vacant land.pollution event, for chapter
7A, see section 313C.pollution notice, in relation to
a pollution event, for chapter7A, see section
313D.premisesincludes—Current as at [Not applicable]Page
387
Public
Health Act 2005Schedule 2Notauthorised—indicativeonlyPage 388(a)a
building or other structure; and(b)a
part of a building or other structure; and(c)a
vehicle; and(d)a caravan.prescribed
facility, for chapter 2A, see section 61A.prescribed medical practitioner,forchapter6,part3A,seesection 279AA.prescribed
period, for a contagious condition, for chapter
5,see section 158.prescribed
person, for chapter 11, part 1A, see section
454A.prescribed test, for chapter
2A, see section 61A.preventionandcontrolprogram,forchapter2,part4,seesection 36.private health
facilityseePrivate Health Facilities Act
1999,section 8.professional, for chapter 5,
see section 158.provider, for chapter 6,
part 3, see section 251.provisional diagnosis notifiable
conditionsee section 62.public health
emergency, for chapter 8, see section 315.public health emergency area,
for chapter 8, see section 315.publichealthemergencyorder,forchapter8,seesection 315.public health
ordermeans an order given by an authorisedperson under section 23.public health
risksee section 10.publicsectorhealthserviceseetheHospitalandHealthBoards Act
2011, schedule 2.publicsectorhealthservicefacility,forchapter4A,seesection
157A.public sector hospitalsee theHospital and Health Boards Act2011, schedule
2.Current as at [Not applicable]
Notauthorised—indicativeonlyPublic Health Act 2005Schedule 2publish, for chapter
7A, see section 313B.QEC approved service,
for chapter 5, see section 158.qualityassurancecommitteeseetheHospitalandHealthBoards Act
2011, schedule 2.Queensland
Cancer Registersee section 229.reasonablysuspectsmeanssuspectsongroundsthatarereasonable in the
circumstances.recognisedvaccinationprovider,forchapter5,part2,division 1AA, see section 160A.recycled watersee theWater Supply (Safety and Reliability)Act
2008, schedule 3.recycled water
providermeans—(a)arecycledwaterproviderundertheWaterSupply(Safety and Reliability) Act 2008;
or(b)an entity, other than a recycled water
provider, declaredtobepartofamultiple-entityrecycledwaterschemeundertheWaterSupply(SafetyandReliability)Act2008.register—(a)for chapter 3, part 2, see section 62;
or(b)for chapter 6, part 2, see section
229; or(c)for chapter 6, part 3, see section
251; or(d)for chapter 6, part 3A, see section
279AA; or(e)for chapter 6, part 4, see section
280.registeredhealthpractitioner,forchapter6,part1A,seesection 228C.registered
nursemeans a person registered under the
HealthPractitioner Regulation National Law—(a)topractiseinthenursingprofession,otherthanasastudent; and(b)in
the registered nurses division of that profession.Current as at [Not applicable]Page
389
Notauthorised—indicativeonlyPublic Health Act 2005Schedule 2registered
screening history, for a woman, for chapter 6, part3,
see section 251.registrar of titlesmeans the
registrar of titles under theLandTitle Act 1994.regulator, for chapter 6,
part 3A, see section 279AA.relevant chief
executive, for chapter 6, part 3A, see section279AA.relevant
employee, for chapter 6, part 3A, see section
279AA.relevant personmeans—(a)for chapter 2, part 5, division 4, see
section 53; or(b)for chapter 3, part 2, division 3, see
section 76; or(c)for chapter 3, part 3, division 3, see
section 104; or(d)for chapter 5, part 2, division 3, see
section 174; or(e)for chapter 6, part 1, division 4, see
section 219; or(f)for chapter 6, part 1A, division 4,
see section 228H; or(g)for chapter 6,
part 2, division 4, see section 237; or(h)for
chapter 6, part 3, see section 251; or(i)for
chapter 6, part 3A, division 5, see section 279AK.repealed provisionmeans—(a)for chapter 3, part 2, division 3, see
section 76; or(b)for chapter 3, part 3, division 3, see
section 104; or(c)for chapter 6, part 1, division 4, see
section 219; or(d)for chapter 6, part 2, division 4, see
section 237; or(e)for chapter 6, part 3, see section
251.research, for chapter 6,
part 4, see section 280.Research Register, for chapter 6,
part 4, see section 280.residentialagedcarefacility,forchapter2A,seesection61A.residential
care, for chapter 2A, see section 61A.Page
390Current as at [Not applicable]
Notauthorised—indicativeonlyPublic Health Act 2005Schedule 2residential care facility,
for chapter 6, part 2, see section 229.responsible
person, for chapter 2A, see section 61A.scanning search, for chapter
4A, part 6, see section 157X.school,
for chapter 5, see section 158.schoolhealthprogram,forchapter5,part4,seesection213AA.schoolhealthprogramprovider,forchapter5,part4,seesection 213AA.school
principal, for chapter 5, part 4, see section
213AA.searchrequiringtheremovalofclothing,forchapter4A,part
6, see section 157X.security officer, for chapter
4A, see section 157A.Service, for chapter 5,
part 4, see section 213AA.State aged care facility,
for chapter 2A, see section 61A.StateanalystmeansapersonappointedasaStateanalystunder section
430.State public health risk, for chapter 2,
see section 10.structureincludes any
building, wall, fence, water reservoir ordrain and
anything projecting from a structure.student,
for chapter 5, part 4, see section 213AA.teacher,
for chapter 5, see section 158.third
party, for chapter 2, part 3, division 5, see
section 33.third-partycontractor,forchapter11,part1A,seesection 454A.treatment or
care place, for chapter 4A, see section 157A.vaccinated, for chapter 5,
see section 158.vaccine preventable condition,
for chapter 5, see section 158.vehicleincludes an aircraft and a vessel.water distribution system,
for chapter 2A, see section 61A.Current as at
[Not applicable]Page 391
Notauthorised—indicativeonlyPublic Health Act 2005Schedule 2waterriskmanagementplan,forchapter2A,seesection61A.water service
providermeans—(a)a
drinking water service provider; or(b)a
recycled water provider.witness requirement notice,
for chapter 7, see section 293.woman,
for chapter 6, part 3, see section 251.writtenorin writing, for chapter 6,
part 3, see section 251.Page 392Current as at
[Not applicable]
