Public Health Act 2005

An Act to protect and promote the health of the Queensland public, and for other purposes

1Short title

This Act may be cited as the Public Health Act 2005.

2Commencement

This Act commences on a day to be fixed by proclamation.

3Act binds all persons

(1)Subject to subsection (2), this Act binds all persons, including the State and, so far as the legislative power of the Parliament permits, the Commonwealth and all the other States.

(2)The following provisions do not bind the State for local government public health risks—

(a)chapter 2, part 3;

(b)section 386;

(c)sections 394 and 395.

(3)Nothing in this Act makes the Commonwealth or a State liable to be prosecuted for an offence.

4Contravention of this Act does not create civil cause of action

No provision of this Act creates a civil cause of action based on a contravention of the provision.

5Act does not affect other rights or remedies

(1)This Act does not affect or limit a civil right or remedy that exists apart from this Act, whether at common law or otherwise.

(2)Without limiting subsection (1), compliance with this Act does not necessarily show that a civil obligation that exists apart from this Act has been satisfied or has not been breached.

6Object of Act

The object of this Act is to protect and promote the health of the Queensland public.

7How object is mainly achieved

The object is to be mainly achieved by—

(a)preventing, controlling and reducing risks to public health; and

(b)providing for the identification of, and response to, notifiable conditions; and

(c)imposing obligations on persons and particular health care facilities involved in the provision of declared health services to minimise infection risks; and

(d)providing for persons who have a major disturbance in mental capacity to be transported to a treatment or care place; and

(e)protecting children who have been harmed or are at risk of harm when the children present at health service facilities; and

(f)restricting the performance of cosmetic procedures on children; and

(g)collecting and managing particular health information, and establishing mechanisms for health information held by a health agency to be accessed for appropriate research; 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 monitored and enforced.

s 7 amd 2008 No. 57s 4; 2011 No. 32s 332sch 1pt 2 (amd 2012 No. 9s 47); 2014 No. 28s 101; 2016 No. 5s 920

8Definitions

The dictionary in schedule 2 defines particular words used in this Act.

9Notes in text

A note in the text of this Act is part of the Act.

10Definitions for ch 2

In this chapter—

local government public health risk means a public health risk—

(a)mentioned in section 11(1)(a) or (b)(i), (iv), (v), (vi), (vii) or (viii); or

(b)prescribed under section 18 as a public health risk that is to be administered and enforced only by local governments.

def local government public health risk amd 2008 No. 34s 649(1)

public health risk see section 11.

State public health risk means 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 is to be administered and enforced only by the State.

def State public health risk amd 2008 No. 34s 649(2)

11Meaning of public health risk

(1)

Public health risk means—

(a)an animal, structure, substance or other thing that—

(i)is, or is likely to become, a breeding ground or source of food for designated pests; or

(ii)harbours, or is likely to become something that harbours, designated pests; or

(b)any of the following that is, or is likely to be, hazardous to human health, or that contributes to, or is likely to contribute to, disease in humans or the transmission of an infectious condition to humans—

(i)a designated pest;

(ii)drinking water supplied by a drinking water service provider;

(iii)recycled water produced or supplied under a recycled water scheme within the meaning of the Water Supply (Safety and Reliability) Act 2008;

(iv)water, other than water mentioned in subparagraph (ii) or (iii);

(v)waste;

(vi)a dead or living animal, structure, substance or other thing that has been, or is likely to have been, exposed to an infectious condition;

(vii)a dispersal or release of a pesticide, herbicide, solvent or other chemical at a place other than a workplace;

(viii)a dispersal or release of a by-product of manufacturing, construction, repair, alteration, cleaning or demolition work at a place other than a workplace;

(ix)lead used, or being used, in a way that contravenes section 58 or 59;

(x)paint used, or being used, in a way that contravenes the standard mentioned in section 60;

(xi)any other activity, animal, substance or other thing prescribed under a regulation.

Examples for subparagraph (viii)—

1drifting fibreglass dust resulting from building a fibreglass boat

2propulsion into the environment of lead particles as a result of sandblasting lead-based paint

3the release of asbestos fibres through the renovation of a house containing asbestos-cement sheeting or insulation material comprising or containing asbestos

(2)The Minister must not recommend to the Governor in Council the making of a regulation under subsection (1)(b)(xi) unless the Minister is satisfied the activity, animal, substance or other thing—

(a)is, or is likely to be, hazardous to human health; or

(b)contributes, or is likely to contribute, to disease in humans or to the transmission of an infectious condition to humans.

(3)In this section—

animal does not include a human.

disease includes a non-infectious condition.

waste includes an accumulation or deposit of a substance or a thing.

water includes drinking water, water used for recreational purposes, recycled water, waste water and sewage.

workplace has the meaning given in the Work Health and Safety Act 2011.

s 11 amd 2008 No. 34s 650; 2009 No. 44s 158; 2011 No. 18s 404sch 4pt 2div 1

12When Act administered only by the State

(1)This Act is to be administered and enforced by the State and not by local governments for—

(a)State public health risks; and

(b)a regulation made under section 61 that states that the regulation is to be administered and enforced by the State only.

(2)This section is subject to section 14.

13When Act administered only by local governments

(1)This Act is to be administered and enforced by local governments and not by the State for—

(a)local government public health risks; and

(b)a regulation made under section 61 that states that the regulation is to be administered and enforced by local governments only.

(2)This section is subject to section 14.

14When State and local governments administer this Act in partnership

(1)The chief executive and the chief executive officer of a local government may agree that—

(a)the State do a thing in the administration or enforcement of this Act for a matter mentioned in section 13(1); or

(b)the local government do a thing in the administration or enforcement of this Act for a matter mentioned in section 12(1).

(2)For subsection (1)(a), the chief executive may perform functions and exercise powers for this Act for a matter mentioned in section 13(1), including appointing authorised persons.

(3)For subsection (1)(b), a chief executive officer may perform functions and exercise powers for this Act for a matter mentioned in section 12(1), including appointing authorised persons.

(4)An appointment under subsection (2) or (3) may be made before or after an agreement under this section.

15Action by the State if local government does not administer and enforce this Act

(1)Subsection (3) applies if the chief executive—

(a)is reasonably of the opinion there is a significant risk to public health from a public health risk in a local government’s area for a matter mentioned in section 13(1); and

(b)is satisfied a local government has not done, or sufficiently done, a thing in the administration or enforcement of this Act for the matter; and

(c)is reasonably of the opinion that doing the thing is necessary to remove or reduce the risk to public health from a public health risk, or prevent a risk to public health from recurring.

(2)For subsection (1)(a), the chief executive must have regard to the following in forming an opinion about whether there is a significant 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 costs and expenses incurred by the chief executive are a debt payable by the local government to the State.

(4)For subsections (1), (2) and (3), the chief executive may perform functions and exercise powers for this Act for a matter mentioned in section 13(1), including appointing authorised persons.

(5)An appointment under subsection (4) may be made before or after a local government has not done a thing mentioned in subsection (1)(b).

16Procedure before taking action under s 15

Before the chief executive does a thing under section 15(3), the chief executive must—

(a)consult with the chief executive officer of the local government; and

(b)give the chief executive officer a reasonable opportunity to do the thing.

17State may require report from local government

(1)This section applies to a matter under this chapter administered and enforced—

(a)by both the State and local governments in partnership under section 14; or

(b)by local governments only.

(2)The chief executive, by notice, may ask a local government to give the chief executive information about the local government’s administration and enforcement of the matter within a stated reasonable time.

(3)The local government must comply with the request.

(4)However, before giving notice under this section, the chief executive must consult with the chief executive officer of the local government.

18Regulation to prescribe who is to administer this Act for particular public health risks

If a regulation is made under section 11(1)(b)(xi) prescribing a public health risk, the regulation must state whether this Act is to be administered and enforced for the public health risk by—

(a)the State only; or

(b)local governments only.

s 18 amd 2008 No. 34s 651

19Effect of Act on local laws

(1)This Act does not prevent a local government from making local laws about public health risks.

(2)For this Act, local laws about public health risks have effect despite the Local Government Act 2009, section 27.

(3)However, subsection (2) does not apply to a local law that is inconsistent with a regulation made under section 61.

s 19 amd 2009 No. 17s 331sch 1

20Application of Local Government Act 2009

The Local Government Act 2009, chapter 5, part 2, does not apply to the administration and enforcement of this Act by a local government.

s 20 sub 2009 No. 17s 331sch 1

21What public health order may require

(1)A public health order may require a person to do something at a place that is—

(a)reasonably necessary to remove or reduce the risk to public health from a public health risk, or prevent a risk to public health from recurring; and

(b)appropriate in the circumstances having regard to the nature and seriousness of the risk to public health at the time the order is made.

(2)Without limiting subsection (1), a public health order may require a person to do any of the following at the place—

(a)clean or disinfect the place, or part of the place, or a structure or other thing at the place, in the way stated in the order;

(b)carry out insect or pest control at the place in the way stated in the order;

(c)demolish stated structures or other property at the place in the way stated in the order;

(d)remove stated material or items from the place to another place stated in the order in the way stated in the order;

(e)dispose of stated material or items at the place in the way stated in the order, for example, by burying the material or items;

(f)destroy animals at the place or remove animals from the place for destruction at another place in the way stated in the order;

(g)stop using the place, or part of the place, for a stated purpose, within a stated period or until stated steps are taken.

(3)A public health order must—

(a)be in writing; and

(b)state a period within which the person to whom it is given must comply with the order.

(4)The period stated under subsection (3)(b) must be reasonable having regard to the risk to public health from the public health risk.

22Public health orders about animals

(1)This section applies if an authorised person reasonably believes there is a public health risk at a place involving an animal that is, or is likely to be, a carrier of—

(a)prohibited matter or restricted matter under the Biosecurity Act 2014; or

Notes—

1See the Biosecurity Act 2014, schedule 1 or schedule 2

2See also the note to the Biosecurity Act 2014, schedules 1 and 2.

(b)controlled biosecurity matter or regulated biosecurity matter under the Biosecurity Act 2014.

(2)Before an authorised person issues a public health order relating to the animal, the chief executive or chief executive officer must consult the chief executive administering the Biosecurity Act 2014.

(3)In this section—

carrier means a carrier under the Biosecurity Act 2014.

s 22 amd 2014 No. 7s 578 sch 4pt 2

23Public health orders

(1)If an authorised person reasonably believes that a person is responsible for a public health risk at a place, the authorised person may give a public health order to the person (the recipient).

(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 recipient must stop, at the place to remove or reduce the risk to public health from the public health risk, or prevent the risk to public health from recurring; and

(e)the period within which the steps must be taken or the action must be stopped; and

(f)the name of the authorised person; and

(g)the name, address and contact details of the issuing authority; and

(h)that it is an offence for the recipient not to comply with the order, unless the recipient has a reasonable excuse; and

(i)that if the order is not complied with an application may be 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, unless the recipient has a reasonable excuse.

Maximum penalty—200 penalty units.

Note—

If a recipient fails to comply with a public health order, the issuing authority may take action under chapter 9, for example under section 388. Other action may be taken under this Act, for example, under division 3 of this part.

24Issuing authority may apply for enforcement order

(1)This section applies if the issuing authority considers a person has contravened a public health order.

(2)The issuing authority may apply to a magistrate for an order enforcing the public health order (an enforcement 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 the applicant gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.

Example—

The magistrate may require additional information supporting the application be given by statutory declaration.

25Notice of hearing must be given

(1)The person to whom the application relates must be given a notice at least 14 days before the day the application is to be heard.

(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 application is to be heard; and

(ii)that the person may appear at the hearing and be heard on the application; and

(iii)that, if the person does not appear, the application may 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 in the notice, the application may be decided in the person’s absence.

26When magistrate may order enforcement

The magistrate may make an enforcement order against the person only if the magistrate is satisfied—

(a)a public health order was given to the person; and

(b)the public health order was appropriate in the circumstances having regard to the nature and seriousness of the risk to public health from the public health 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 same terms as the public health order, or in other terms the magistrate considers appropriate.

(2)Without limiting subsection (1), the magistrate may order either—

(a)that—

(i)the person against whom the order is made take steps to remove or reduce the risk to public health from the public health risk, or prevent the risk to public health from recurring; and

(ii)if the person fails to take the steps, the issuing authority may enter the place and take the steps; or

(b)that the issuing authority may enter a place by its employees or agents to take steps to remove or reduce the risk to public health from the public health risk, or prevent the risk to public health from recurring.

(3)If the magistrate makes an order under subsection (2)(a), the order 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)may enter the place to check whether the steps under the order are being, or have been, taken; and

(ii)may use necessary and reasonable help and force to enter; and

(e)the times and intervals for entry under paragraph (d); and

(f)that if the steps required to be taken under the enforcement order have not been taken within the required period, the issuing authority may take the steps; and

(g)that for paragraph (f), an employee or agent of the issuing authority—

(i)may enter the place to take the steps under the order; and

(ii)may use necessary and reasonable help and force to enter, if the employee or agent is an authorised person or is accompanied by an authorised person; and

(h)the times and intervals for entry under paragraph (g); and

(i)who must pay the costs of taking the steps; and

(j)that it is an offence not to comply with the enforcement order unless the person has a reasonable excuse.

(4)If the magistrate makes an order under subsection (2)(b), the order 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 issuing authority; and

(c)that an employee or agent of the issuing authority—

(i)may enter the place to take the steps under the order; and

(ii)may use necessary and reasonable help and force to enter, if the employee or agent is an authorised person or is accompanied by an authorised person; and

(d)the times and intervals for entry under paragraph (c); and

(e)the day when the order ends; and

(f)that an authorised person—

(i)may enter the place to check whether the steps under the order are being, or have been, taken; and

(ii)may use necessary and reasonable help and force to enter; and

(g)the times and intervals for entry under paragraph (f); and

(h)who must pay the cost of taking the steps.

28Person must comply with enforcement order

(1)A person must comply with an enforcement order unless the person has a reasonable excuse.

Maximum penalty—400 penalty units.

(2)Subsection (1) does not limit any other liability a person may incur 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 an enforcement order relates is being prosecuted for an offence against section 23(4).

(2)The application may be dealt with in the prosecution proceedings.

30Procedure before entry under enforcement order

(1)This section applies if—

(a)an enforcement order allows—

(i)an issuing authority to enter a place by its employees or its agents to take steps under the order; or

(ii)an authorised person to enter a place to check whether the steps under the order are being, or have been, taken; and

(b)the employees, agents or authorised person intends to enter the place under the order.

(2)Before entering the place, the employee, agent or authorised person must do or make a reasonable attempt to do the following—

(a)identify himself or herself to a person present at the place who is an occupier of the place;

(b)give the person a copy of the order;

(c)tell the person that the employee, agent or authorised person 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 place without using force.

(3)However, the employee, agent or authorised person need not comply with subsection (2) if the employee, agent or authorised person believes on reasonable grounds that immediate entry to the place is required to ensure the effective execution of the order is not frustrated.

31Costs under enforcement order recoverable as a debt

(1)The issuing authority may recover the amount payable by a person ordered to pay the costs under an enforcement order as a debt due to the issuing authority.

(2)For subsection (1), the amount becomes payable 30 days after the issuing authority gives the person details of the amount of the costs.

(3)If the issuing authority is a local government—

(a)the amount payable to the local government bears interest as if it were an amount of an overdue rate payable to a local government under the Local Government Act 2009; and

(b)the amount payable plus interest may be recovered by the local government as if the total amount were an amount of an overdue rate payable to a local government under the Local Government Act 2009.

s 31 amd 2009 No. 17s 331sch 1

32Cost under enforcement order a charge over land

(1)This section applies if an amount (including any interest on the amount) (the unpaid amount) is payable to a local government by a person under an enforcement order that relates to a public health risk on land owned by the person.

(2)The unpaid amount is a charge on the land.

(3)The local government may lodge a request to register the charge in the appropriate form over the land with the registrar of titles.

(4)The request must be accompanied by a certificate signed by the local government’s chief executive officer stating there is a charge over the land under this section.

(5)A registered charge has priority over all other encumbrances over the land other than—

(a)encumbrances in favour of the State or a government entity; and

(b)rates payable to the local government.

(6)The charge is in addition to any other remedy the local government has for recovery of the unpaid amount.

33Recipient may apply for contribution

(1)This section applies if the recipient of a public health order has complied with the order and considers another person (the third party) is wholly or partly responsible for the public health risk the subject of the order.

(2)The recipient may apply to a magistrates court for an order that the third party pay part or all of the costs of removing or reducing the risk to public health from the public health risk, or of preventing the risk to public health from recurring (the cost recovery order).

(3)The application must—

(a)be sworn; and

(b)state the grounds on which the application is made; and

(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 the applicant gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.

Example—

The magistrate may require additional information supporting the application 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 given a notice at least 14 days before the day the application is to be heard.

(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 application is to be heard; and

(ii)that the third party may appear at the hearing and be heard on the application; and

(iii)that, if the third party does not appear, the application may be decided in the absence of the third party.

(3)If the third party appears at the time and place stated in the notice, the third party is entitled to be heard on the application.

(4)If the third party does not appear at the time and place stated in the notice, the application may be decided in the absence of the third party.

35When magistrates court may make cost recovery order

(1)A magistrates court may make a cost recovery order against the 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, or is liable to pay, an amount for the cost of complying with the order; and

(c)the third party is responsible for part or all of the public health risk the subject of the order; and

(d)a copy of the application for the cost recovery order has been given to the third party.

(2)An order made by the court is a judgment in the court’s civil jurisdiction.

36Chief executive may authorise prevention and control program

(1)This section applies if the chief executive is satisfied there is, or is likely to be, in an area—

(a)an outbreak of a disease capable of transmission to humans by designated pests; or

(b)a plague or infestation of designated pests.

(2)The chief executive may authorise, in writing, a prevention and control program for the area (the chief executive’s authorisation).

(3)However, subsection (4) applies if a prevention and control program relates to 1 of the following that affects animals—

(a)prohibited matter or restricted matter under the Biosecurity Act 2014;

Notes—

1See the Biosecurity Act 2014, schedule 1 or schedule 2.

2See also the note to the Biosecurity Act 2014, schedules 1 and 2.

(b)controlled biosecurity matter or regulated biosecurity matter under the Biosecurity Act 2014.

(4)Before authorising the prevention and control program, the chief executive must consult the chief executive administering the Biosecurity Act 2014.

(5)Also, before authorising a prevention and control program the chief executive must consult with the local government for the area to which the program relates.

s 36 amd 2014 No. 7s 578 sch 4pt 2

37What chief executive’s authorisation must state

The 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 program relates;

(e)the measures to be taken under the program;

(f)the duration of the program;

(g)who is to undertake the program;

(h)any conditions about the way the program is to be undertaken.

38Publication of authorisation

(1)The chief executive must publish the chief executive’s authorisation at least 7 days before the start of the program, in the area to which the program relates, by newspaper, radio or television.

(2)Failure to publish the authorisation does not affect the authorisation.

39Who may undertake prevention and control program

(1)For section 37(g) the chief executive may authorise—

(a)1 or more local governments, if the chief executive officer of each local government agrees; or

(b)the State; or

(c)the State and 1 or more local governments, if the chief executive officer of each local government agrees.

(2)A prevention and control program must be undertaken by authorised persons.

40Powers available for prevention and control program

(1)For undertaking a prevention and control program, an authorised person may exercise only the powers under this part and must not exercise the powers under chapter 9.

(2)Subsection (1) does not apply to the investigation by an authorised person of the contravention of a provision of this part.

41Power of authorised persons to enter place for prevention and control program

(1)For undertaking a prevention and control program, an authorised person may enter a place in the area to which the program relates at any reasonable time of the day or night, to search for—

(a)the designated pests to which the program relates; and

(b)an animal, structure, substance or other thing that—

(i)is, or is likely to become, a breeding ground or source of food for designated pests; or

(ii)harbours, or is likely to become something that harbours, designated pests.

(2)An authorised person may not enter a dwelling under subsection (1) without the occupier’s consent.

(3)For subsection (2), the following do not form part of a dwelling—

(a)a carport, other than a carport to which access is restricted;

(b)the area of a verandah or deck to which access is not restricted and no provision is made to restrict access;

(c)the area underneath the dwelling to which access is not restricted and no provision is made to restrict access;

(d)any other external part of the dwelling, including, for example, the dwelling’s gutters;

(e)land around the dwelling.

42Notification of entry

(1)This section applies if an authorised person enters a place under section 41 and an occupier is present at the place.

(2)The authorised person must immediately after entering the place—

(a)produce the authorised person’s identity card for the occupier’s inspection; and

(b)inform the occupier about the prevention and control program.

43Powers of authorised persons after entry

(1)This section applies if an authorised person enters a place under section 41.

(2)The authorised person may exercise the following powers—

(a)take reasonable steps to eradicate or prevent the occurrence or recurrence of the designated pests, including by the use of pesticides;

(b)take a thing, or a sample of or from a thing, at the place for analysis or testing;

(c)take into or onto the place any persons, equipment and materials the authorised person reasonably requires for exercising a power under this section;

(d)require a person at the place to give the authorised person reasonable help to exercise the authorised person’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 to fail to comply with the requirement, unless the person has a reasonable excuse.

(4)Also, the authorised person may, under part 3, give a person a public health order if—

(a)the authorised person is appointed for part 3; and

(b)the public health order is for the prevention or control of the designated pests to which the prevention and control program relates.

44Failure to help authorised person

A person required to give reasonable help under section 43(2)(d) must comply with the requirement, unless the person has a reasonable excuse.

Maximum penalty—50 penalty units.

45Person must not interfere with steps taken

A person must not do anything that interferes with a step taken by an authorised person under a prevention and control program, unless the person has a reasonable excuse.

Maximum penalty—100 penalty units.

46Notification of prevention and control program

An authorised person must, after exercising the authorised person’s powers under a prevention and control program at a place—

(a)if an occupier is present at the place, inform the occupier—

(i)of any steps taken, or to be taken, under the program to eradicate or prevent the occurrence or recurrence of the designated pests; and

(ii)if steps have been taken, or are to be taken—that it is an offence to do anything that interferes with a step taken; or

(b)if an occupier is not present at the place, leave a notice at the place in a reasonably secure way and in a conspicuous position stating—

(i)the purpose of the prevention and control program; and

(ii)any steps taken, or to be taken, under the program to eradicate or prevent the occurrence or recurrence of designated pests; and

(iii)if steps have been taken, or are to be taken—that it is an offence to do anything that interferes with a step taken; and

(iv)the name and contact details of the authorised person.

47Meaning of environmental health event

(1)An environmental health event is an event involving human exposure to a substance or other thing that is known to have, or is reasonably suspected of having, an adverse effect on human health.

(2)Exposure may happen in connection with—

(a)a single identifiable event; or

Example of a single identifiable event—

an outbreak in a hospital of a new strain of a previously controlled bacterial infection

(b)a situation that happens over a period of time.

Example of a situation that happens over a period of time—

the exposure to industrial fumes, over a period of years, of persons in a populated area

48Environmental health event register

(1)The chief executive may establish and keep a register (an environmental health event register) for an environmental health event if the chief executive considers the event has or may have significant direct or indirect adverse effects on human health.

(2)The chief executive may keep the register in a form the chief executive considers appropriate, including an electronic form.

(3)Before establishing the register, the chief executive must obtain and consider the views of a human research ethics committee about the register.

49Purposes of register

The purposes for establishing an environmental health event register for an environmental health event are the following—

(a)to help monitor and analyse any adverse effects on human health resulting from the event;

(b)to provide information that may help in the prevention, minimisation or treatment of any adverse effects on human health resulting from the event or a similar future event.

50What register must contain

An environmental health event register must contain—

(a)the information that is necessary or convenient for giving effect to the purposes of the register; and

(b)any information prescribed under a regulation.

51Notification of establishment of register

(1)As a soon as practicable after establishing an environmental health event register the chief executive must notify the register’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 to the event known to have, or suspected of having, an adverse effect on human health;

(c)the type of human exposure to the substance or thing as a result of the event;

(d)the geographic area of human exposure to the substance or thing as a result of the event;

(e)contact details within the department where further details about the register may be obtained.

52Notification inviting inclusion in register

(1)As soon as practicable after notifying the establishment of an environmental health event register for an environmental health event the chief executive must—

(a)notify all persons the chief executive considers may have been exposed to a substance or thing because of the event; and

(b)if satisfied a person may have been exposed to a substance or thing as a result of the event, offer the person the opportunity of having the person’s details included on the register.

(2)Notification under subsection (1)(a) may be made in the way the chief executive considers appropriate, including, for example, by personal notification or by way of newspaper, radio or television.

53Definitions for div 4

In this division—

confidential information means information that has become known to a relevant person in the course of performing the relevant person’s functions for this part.

information includes a document.

relevant person means the following—

(a)a person who is, or was, the chief executive;

(b)a person who is, or was, involved in the administration or enforcement of this part, including, for example, a health service employee or a public service employee.

54Restriction on inconsistent use of information

A relevant person must not use confidential information for a purpose inconsistent with the purposes of the relevant environmental health event register.

Maximum penalty—50 penalty units.

55Confidentiality of information

(1)A relevant person must not, whether directly or indirectly, 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 the information relates; or

(iii)to the person to whom the information relates; or

(iv)in a form that could not identify any person; or

(b)the disclosure of the confidential information is authorised under an Act or another law.

(3)The Hospital and Health Boards Act 2011, section 142 does not apply to a relevant person in relation to confidential information.

Note—

As a specific offence is created under subsection (1), subsection (3) provides that the more general provision in the Hospital and Health Boards Act 2011, section 142 (Confidential information must not be disclosed) does not apply.

s 55 amd 2011 No. 32s 332sch 1pt 2 (amd 2012 No. 9s 47)

56Release of information for an investigation under the Coroners Act

(1)This section applies if a coroner is investigating the death of a person.

(2)The chief executive may give to the coroner, or to a police officer helping the coroner to investigate the death, information from the environmental health event register that is relevant to the person’s death.

(3)The coroner or police officer to whom the information is given and anyone else to whom the information is subsequently given under this subsection must not use or disclose the information other than—

(a)for a purpose of the investigation; or

(b)as otherwise required or permitted under this or another Act.

57Use of environmental health event register

(1)The Minister may, by gazette notice, declare that information contained in an environmental health event register is protected information.

(2)The Minister may make a declaration under subsection (1) only if the Minister reasonably believes it is in the public interest to do so.

(3)If the Minister makes a declaration under subsection (1), the protected information—

(a)can not be accessed under any order, whether of a judicial or administrative nature, other than an order for the purpose of this Act; and

(b)is not admissible in any proceeding, other than a proceeding under this Act.

(4)A person can not be compelled to produce the protected information, or to give evidence relating to the protected information, in any proceeding, other than a proceeding under this Act.

(5)Subsections (3)(b) and (4) do not apply if the protected information is admitted or produced, or evidence relating to the information is given, with the consent of the person to whom the information relates.

(6)Nothing in this section limits—

(a)the giving, use or disclosure of information under section 56; or

(b)access to protected information by the chief executive or a person authorised by the chief executive.

(7)In this section—

order includes a direction or other process.

pt hdg ins 2008 No. 34s 652

div 1 (ss 57A–57B) ins 2008 No. 34s 652

57AImprovement notice

(1)This section applies if an authorised person appointed by the chief executive reasonably believes—

(a)a water service provider—

(i)is contravening section 57E or 57F; or

(ii)has contravened section 57E or 57F in circumstances that make it likely the contravention will continue or be repeated; and

(b)a matter relating to the contravention can be remedied; and

(c)it is appropriate to give the water service provider an opportunity to remedy the matter.

(2)The authorised person may give the water service provider a notice (an improvement notice) requiring the water service provider to remedy the contravention or have the contravention remedied.

(3)The improvement notice must state the following—

(a)the provision the authorised person believes is being, or has been, contravened (the relevant provision);

(b)that the authorised person reasonably believes the water service provider—

(i)is contravening the relevant provision; or

(ii)has contravened the relevant provision in circumstances that make it likely the contravention will 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 must remedy the contravention or have the contravention remedied;

(e)that it is an offence to fail to comply with the improvement notice unless the water service provider has a reasonable excuse.

(4)The period stated under subsection (3)(d) must be reasonable having regard to the risk to public health or safety posed by the contravention.

(5)The improvement notice may also state the reasonable steps that the authorised person considers necessary to remedy the contravention, or avoid further contravention, of the relevant provision.

Example of reasonable steps—

a requirement to issue notices about the need to boil water to remove contaminants from the water

(6)The authorised person must keep a copy of the improvement notice.

(7)The water service provider must comply with the improvement notice unless the provider has a reasonable excuse.

Maximum penalty—the maximum penalty for contravening the relevant provision.

(8)The water service provider can not be prosecuted for the offence for which the improvement notice is given unless the provider fails to comply with the improvement notice and does not have a reasonable excuse for the noncompliance.

(9)A water service provider may be prosecuted for the contravention of a relevant provision without an authorised person first giving an improvement notice for the contravention.

div 1 (ss 57A–57B) ins 2008 No. 34s 652

57BRecord of compliance with improvement notice

(1)If a water service provider who is given an improvement notice by an authorised person under this division reasonably believes the provider has complied with the notice, the provider may inform the authorised person of the belief.

(2)If the authorised person is satisfied the water service provider has complied with the improvement notice, the authorised person must—

(a)record the date of the compliance on the authorised person’s copy of the notice; and

(b)if asked, give a copy of the notice to the water service provider.

div 1 (ss 57A–57B) ins 2008 No. 34s 652

div hdg ins 2008 No. 34s 652

sdiv 1 (ss 57C–57D) ins 2008 No. 34s 652

57CWhen drinking water is unsafe

Drinking water is unsafe at a particular time if it would be likely to cause physical harm to a person who might later consume it, assuming nothing happened to it after that particular time and before being consumed by the person that would prevent its being used for its intended use.

sdiv 1 (ss 57C–57D) ins 2008 No. 34s 652

57DWhen recycled water is fit for use

Recycled water is fit for use at a particular time if it would not be likely to cause physical harm to a person who might later be exposed to it, assuming—

(a)nothing happened to it after that particular time and before the person was exposed to it that would prevent its being used for its intended use; and

(b)it was used according to its intended use.

sdiv 1 (ss 57C–57D) ins 2008 No. 34s 652

sdiv hdg ins 2008 No. 34s 652

57ESupply of unsafe drinking water

A drinking water service provider must not supply drinking water that the provider knows, or reasonably ought to know, is unsafe.

Maximum penalty—3,000 penalty units or 2 years imprisonment.

Note—

This provision is an executive liability provision—see section 448.

s 57E ins 2008 No. 34s 652

amd 2013 No. 51s 229sch 1

57FSupply of recycled water that is not fit for use

(1)This section applies to a recycled water provider that supplies recycled water for use other than as drinking water.

(2)The recycled water provider must not supply the recycled water if the provider knows, or reasonably ought to know, the recycled water is not fit for use.

Maximum penalty—1,350 penalty units or 2 years imprisonment.

Note—

This provision is an executive liability provision—see section 448.

s 57F ins 2008 No. 34s 652

amd 2013 No. 51s 229sch 1

div 3 (ss 57G–57H) ins 2008 No. 34s 652

57GPower to require information

(1)This section applies if—

(a)an authorised person appointed by the chief executive reasonably believes—

(i)there is a risk to public health or safety because of the production or supply of drinking water or recycled water; and

(ii)a person may be able to give information about the circumstances giving rise to the risk; and

(b)the authorised person has explained to the person that information is needed to attempt to prevent or minimise the risk or potential risk to public health.

(2)The authorised person may ask the person to give the authorised person the following information (the required information) within a stated reasonable period—

(a)the person’s name and address where the person can be contacted;

(b)information about the circumstances giving rise to the risk.

(3)The authorised person may ask the person to give the authorised person evidence of the correctness of the required information, within a stated reasonable period, if the authorised person reasonably suspects the information to be false.

(4)If the person does not comply with a request under subsection (2) or (3), the authorised person may give the person a notice that—

(a)states the required information the person is required to give; and

(b)states the information is needed to attempt to prevent or minimise a risk or potential risk to public health; and

(c)requires the person to give the authorised person the required information within a stated reasonable period; and

(d)warns the person it is an offence to not give the required information, unless the person has a reasonable excuse.

div 3 (ss 57G–57H) ins 2008 No. 34s 652

57HFailure to give information

(1)A person who is given a notice under section 57G(4) must comply with the notice, unless the person has a reasonable excuse.

Maximum penalty—50 penalty units.

(2)If the person is an individual, it is a reasonable excuse for the person to fail to comply with the notice that complying with the notice might tend to incriminate the person.

div 3 (ss 57G–57H) ins 2008 No. 34s 652

58Lead in buildings must not be accessible to children

(1)A person must not use or permit the use of lead in, or for the purposes of, constructing, erecting, altering, extending, improving, renovating or repairing a building or part of a building if the lead is, or may be, easily accessible to children.

Maximum penalty—100 penalty units.

(2)The owner of a building, or part of a building, must not knowingly allow lead to remain in or on the building or part of the building if the lead is, or may be, easily accessible to children.

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 any of the following things if the thing has in or on it a substance that contains lead—

(a)a roof, guttering, downpipe or other thing for carrying water 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 the following to remain in the building if they have in or on them a substance that contains lead—

(a)a roof, guttering, downpipe or other thing for carrying water 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 water means water that is intended to be, or is likely to be, used for human consumption.

s 59 amd 2008 No. 34s 653

60Person must comply with standard

A person manufacturing, selling, supplying or using paint must comply with a provision of a standard prescribed by regulation.

Maximum penalty—100 penalty units.

s 60 sub 2019 No. 13s 16

61Regulations about public health risks

(1)A regulation may be made for this chapter about public health risks including—

(a)standards for water quality in residential and non-residential swimming pools, spas, hydrotherapy pools, water slides and recreational water parks, for human use; and

(b)measures to control designated pests, including—

(i)standards for the proofing of any building against designated pests; and

(ii)procedures to be followed to prevent the breeding of, to eliminate any refuge or food source for, or to eradicate, designated pests; and

(iii)the imposition of a permit system for keeping designated pests; and

(c)measures to prevent and control public health risks.

(2)A regulation made under this section must state whether the regulation is to be administered and enforced by—

(a)the State only; or

(b)local governments only.

(3)A regulation made under this section does not bind the State except to the extent prescribed by the regulation.

ch hdg ins 2016 No. 33s 4

pt hdg ins 2016 No. 33s 4

61ADefinitions for chapter

In this chapter—

approved provider means an entity for which an approval is in force under the Aged Care Act 1997 (Cwlth).

cooling tower see the Work Health and Safety Act 2011, schedule 1, part 1, section 1(6).

hazard means—

(a)Legionella; or

(b)microorganisms, substances or physical properties of water that are reasonably expected to cause injury or illness to an individual; or

(c)microorganisms or substances prescribed by regulation.

hazardous event, for a prescribed facility, means—

(a)an event, or series of events, that causes or has the potential to cause the presence of a hazard in water within a prescribed facility’s water distribution system; or

(b)an interruption of the supply of water to the prescribed facility.

hazard source means a location or condition that establishes or increases the presence of a hazard.

health service chief executive ...

def health service chief executive om 2017 No. 16s 4

Legionella means bacteria belonging to the genus Legionella.

prescribed facility means—

(a)a public sector hospital that provides treatment or care to inpatients; or

(b)a private health facility licensed under the Private Health Facilities Act 1999; or

(c)a State aged care facility; or

(d)a residential aged care facility, other than a State aged care facility, prescribed by regulation.

prescribed test means a test for Legionella prescribed by regulation for this chapter.

residential aged care facility means a facility at which an approved provider provides residential care under the Aged Care Act 1997 (Cwlth).

residential care has the meaning given by the Aged Care Act 1997 (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 sector hospital; or

(b)for a prescribed facility that is a private health facility licensed under the Private Health Facilities Act 1999—the licensee for the private health facility under that Act; or

(c)for a prescribed facility that is a State aged care facility—the health service chief executive for the State aged care facility; or

(d)for a prescribed facility that is a residential aged care facility, other than a State aged care facility—the approved provider that provides residential care at the residential aged care facility.

State aged care facility means a residential aged care facility at which the State provides residential care.

water distribution system, of a prescribed facility—

(a)means the infrastructure within the prescribed facility from every point where water enters the facility through the 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, means a written plan to prevent or minimise the risks posed by hazards, hazard sources or hazardous events to individuals at the prescribed facility.

s 61A ins 2016 No. 33s 4

61B Operation of chs 2 and 2A

Nothing in this chapter is intended to affect the operation of chapter 2.

s 61B ins 2016 No. 33s 4

pt hdg ins 2016 No. 33s 4

61CRequirement for water risk management plans

The responsible person for a prescribed facility must ensure there is a water risk management plan for the prescribed facility that complies with section 61D, unless the person has a reasonable excuse.

Maximum penalty—500 penalty units.

s 61C ins 2016 No. 33s 4

61DContent of water risk management plans

The water risk management plan for a prescribed facility must—

(a)describe the prescribed facility’s water distribution system; and

(b)identify hazards, hazard sources and hazardous events relevant to water within the prescribed facility’s water distribution system; and

(c)assess the risks associated with hazards, hazard sources and hazardous events identified under paragraph (b); and

(d)state the following—

(i)measures to be taken to control the risks assessed under paragraph (c);

(ii)the procedures that must be implemented for monitoring the effectiveness of the measures;

(iii)a schedule that must be complied with for testing water for Legionella and other identified hazards at a frequency informed by the risks, measures and procedures;

(iv)the way records of results obtained under subparagraphs (ii) and (iii) will be kept; and

(e)state procedures for responding to—

(i)the results of monitoring that indicate the failure of measures taken to control risks assessed under paragraph (c); or

(ii)the results of testing that indicate the presence of a hazard in water within the prescribed facility’s water distribution system; and

(f)include a requirement for the water risk management plan to be reviewed and when that review is to be carried out; and

(g)include any other requirement prescribed by regulation.

s 61D ins 2016 No. 33s 4

61EAmending water risk management plans

(1)This section applies if the chief executive is satisfied a water risk management plan for a prescribed facility requires amendment to comply with section 61D.

(2)The chief executive may give the responsible person for the prescribed facility a notice requiring the responsible person to amend the water risk management plan.

(3)The notice must state the following—

(a)that the responsible person must amend the water risk management plan;

(b)the way the water risk management plan must be amended;

(c)the day by which the water risk management plan must be amended;

(d)the day by which the responsible person must give the chief executive a copy of the amended water risk management plan.

(4)The responsible person must comply with the notice, unless the responsible person has a reasonable excuse.

Maximum penalty—500 penalty units.

s 61E ins 2016 No. 33s 4

pt hdg ins 2016 No. 33s 4

61FObligation to give chief executive copy of water risk management plans

(1)The chief executive may, by notice, ask the responsible person for a prescribed facility to give the chief executive a copy of the water risk management plan for the prescribed facility by the day stated in the notice.

(2)The responsible person must comply with the notice, unless the person has a reasonable excuse.

Maximum penalty—200 penalty units.

s 61F ins 2016 No. 33s 4

61GComplying with water risk management plans

(1)The responsible person for a prescribed facility must ensure the facility operates in a way that complies with the facility’s water risk management plan, unless the responsible person has a reasonable excuse.

Maximum penalty—500 penalty units.

(2)The responsible person for a prescribed facility must take all reasonable steps to ensure each person who has an obligation to comply with the plan, while the facility is operating, complies with the plan, unless the responsible person has a reasonable excuse.

Maximum penalty—200 penalty units.

s 61G ins 2016 No. 33s 4

61HObligation to notify chief executive of Legionella

(1)This section applies if the result of a prescribed test confirms the presence of Legionella in water used by a prescribed facility.

(2)A person in charge of the prescribed facility must, under subsection (3), give the chief executive a notice about the result of the test, unless the person has a reasonable excuse.

Maximum penalty—

(a)if the offence is committed intentionally—1,000 penalty units; or

(b)otherwise—200 penalty units.

(3)The notice must—

(a)be in the approved form; and

(b)be given to the chief executive within 1 business day after the person in charge is notified of the result of the test; and

(c)comply with any other requirements prescribed by regulation.

s 61H ins 2016 No. 33s 4

61IObligation to give chief executive reports

(1)A person in charge of a prescribed facility must, under subsection (2), give the chief executive a report for each reporting period about the results of prescribed tests carried out under the water risk management plan for the prescribed facility, 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 days after the end of the reporting period; and

(c)comply with any other requirements prescribed by regulation.

(3)In this section—

reporting period means a period prescribed by regulation.

s 61I ins 2016 No. 33s 4

61JFalse or misleading reports

(1)A person must not give the chief executive a report under section 61I containing information the person knows is false or misleading in a material particular.

Maximum penalty—1,000 penalty units.

(2)Subsection (1) does not apply to a person if the person, when giving the report—

(a)tells the chief executive, to the best of the person’s ability, how it is false or misleading; and

(b)if the person has, or can reasonably obtain, the correct information—gives the correct information.

s 61J ins 2016 No. 33s 4

61KChief executive may publish reports

(1)The chief executive may publish in a report—

(a)notices about the presence of Legionella given to the chief executive under section 61H; or

(b)reports about prescribed tests given to the chief executive under section 61I.

(2)The report may also include any other information the chief executive considers relevant to the notices or reports.

(3)However, information may not be included in the report under subsection (2) if the information is adverse to a person unless—

(a)before the report is prepared, the chief executive gives the person an opportunity to make submissions about the information; and

(b)any submissions made by the person are fairly stated in the report.

s 61K ins 2016 No. 33s 4

62Definitions for ch 3

In this chapter—

anonymity code means a code of letters, numbers, or letters and numbers used to designate a particular person.

clinical diagnosis notifiable condition means a notifiable condition—

(a)a diagnosis of which can be made on the basis of clinical evidence, including clinical history, signs and symptoms; and

(b)prescribed under a regulation as a clinical diagnosis notifiable condition.

controlled notifiable conditions order see section 116(1).

Notifiable Conditions Register see section 67.

pathological diagnosis notifiable condition means a notifiable condition—

(a)a diagnosis of which can be made on the basis of a pathological examination of a specimen of human origin; and

(b)prescribed under a regulation as a pathological diagnosis notifiable condition.

pathology request notifiable condition means a notifiable condition prescribed under a regulation as a pathology request notifiable condition.

provisional diagnosis notifiable condition means a notifiable condition—

(a)a provisional diagnosis of which can be made on the basis of clinical evidence, including clinical history, signs and symptoms; and

(b)prescribed under a regulation as a provisional diagnosis notifiable condition.

register means the Notifiable Conditions Register.

63Meaning of controlled notifiable condition

(1)A controlled notifiable condition is a notifiable condition prescribed under a regulation as a controlled notifiable condition.

(2)However, the Minister must not recommend to the Governor in Council the making of a regulation under subsection (1) unless the Minister is satisfied—

(a)the condition may have a substantial impact on public health; and

(b)the ordinary conduct of a person with the condition is likely to result in the transmission of the condition to someone else; and

(c)the transmission of the condition will result in, or is likely to result in, long term or serious deleterious consequences for the health of the person to whom the condition is transmitted.

64Meaning of notifiable condition

(1)A notifiable condition is a medical condition prescribed under a regulation as a notifiable condition.

(2)However, the Minister must not recommend to the Governor in Council the making of a regulation under subsection (1) unless the Minister is satisfied the condition is a significant risk to public health.

65Purpose of ch 3

The purpose of this chapter is to protect persons from notifiable conditions through mechanisms that provide an appropriate balance between the health of the public and the right of individuals to liberty and privacy.

66Guiding principles for ch 3

(1)The principles intended to guide the achievement of this chapter’s purpose are the following—

(a)the spread of notifiable conditions should be prevented or minimised without unnecessarily infringing the liberty or privacy of individuals;

(b)a person at risk of contracting a notifiable condition should take all reasonable precautions to avoid contracting or being infected with the condition;

(c)a person who suspects he or she may have a notifiable condition should ascertain—

(i)whether he or she has the condition; and

(ii)what precautions should be taken to prevent others from contracting the condition.

(2)For subsection (1), a person at risk of contracting, who suspects he or she may have, or who has, a notifiable condition has a right—

(a)to be protected from unlawful discrimination; and

(b)to have his or her privacy respected; and

(c)to make informed decisions about his or her medical treatment.

(3)Nothing in this section limits the Anti-Discrimination Act 1991, section 107.

67Register

(1)The chief executive must establish and keep a register of the persons for whom notifications have been given to the chief executive under this part.

(2)The register must include details of deceased persons for whom notifications have been given.

(3)The chief executive must keep the register in a form the chief executive considers appropriate, including an electronic form.

(4)The register is to be known as the Notifiable Conditions Register.

68Purposes of register

The purposes for establishing the register are as follows—

(a)to supply data to help in—

(i)monitoring and analysing the incidence and patterns of notifiable conditions; or

(ii)studying the efficacy of the management and treatment of notifiable conditions; or

(iii)increasing public awareness of notifiable conditions;

(b)to identify outbreaks of notifiable conditions so the Commonwealth, the State or a local government can take steps to protect public health;

(c)to help in the identification of persons who have, or may have, contracted a notifiable condition so that—

(i)the Commonwealth, the State or a local government can take action to prevent or minimise transmission of the notifiable condition; or

(ii)the persons may be medically examined and undergo treatment for the notifiable condition;

(d)to help in the planning of services and strategies to prevent or minimise the transmission of notifiable conditions.

69Application of div 2

The requirement to notify or give information under this division relating to a person applies also in relation to a deceased person.

70When a doctor must notify

(1)A doctor must, under subsection (2), notify the chief executive if an examination of a person by the doctor indicates that 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)The notice must—

(a)comply with the requirements prescribed under a regulation; and

(b)be in the approved form.

(3)Subsection (1) does not apply if the examination was carried out 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 the chief executive if an examination of a person by a doctor in the 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)comply with the requirements prescribed under a regulation; and

(b)be in the approved form.

72When the director of a pathology laboratory must notify a pathological diagnosis notifiable condition

(1)The director of a pathology laboratory must, under subsection (2), unless the director has a reasonable excuse, notify the chief executive if a pathological examination of a specimen of human origin in the laboratory indicates that the person from whom the specimen was taken has or had a pathological diagnosis notifiable condition.

Maximum penalty—20 penalty units.

(2)The notice must—

(a)comply with the requirements prescribed under a regulation; and

(b)include the name of the doctor who referred the person’s specimen for pathological examination; and

(c)be in the approved form.

73When the director of a pathology laboratory must notify pathology request notifiable condition

(1)The director of a pathology laboratory must, under subsection (2), unless the director has a reasonable excuse, notify the chief executive if the laboratory receives a request for a pathological examination of a specimen of human origin for a pathology request notifiable condition.

Maximum penalty—20 penalty units.

(2)The notice must—

(a)comply with the requirements prescribed under a regulation; and

(b)include the name of the doctor who referred the person’s specimen for pathological examination; and

(c)be in the approved form.

74Anonymity coding

A person required to notify the chief executive under this division may give the notice using an anonymity code.

75Further information may be required

(1)This section applies if the chief executive considers further information is required in relation to a notice given under this division—

(a)to ensure the accuracy, completeness or integrity of the register; or

(b)to prevent or minimise the spread of a notifiable condition.

(2)The chief executive may ask the following persons to give stated information within a stated time to the chief executive—

(a)the person who gave the notice;

(b)the doctor mentioned in a notice under section 72 or 73 as the doctor who referred the specimen for pathological examination;

(c)another doctor or person who is involved in the treatment of the person for whom a notice was given under this division.

(3)If a person refuses or fails to comply with a requirement under subsection (2), the chief executive may give the person a notice requiring the person to give the information stated in the notice to the chief executive within the reasonable time stated in the notice.

(4)A notice under subsection (3) may require a person to give the full name of, and other identifying information about, a person for whom an anonymity code has been used.

(5)The notice must warn the person that failure to comply with the notice is an offence under this Act.

(6)A person given a notice under subsection (3) must comply with the notice, unless the person has a reasonable excuse.

Maximum penalty—20 penalty units.

(7)A person who gives information requested under this section who would otherwise be required to maintain confidentiality about the information given under an Act, oath, rule of law or practice—

(a)does not contravene the Act, oath, rule of law or practice by giving the information; and

(b)is not liable to disciplinary action for giving the information.

Note—

See for example the Hospital and Health Boards Act 2011, section 142.

(8)Also, merely because the person gives the information, the person can not be held to have—

(a)breached any code of professional etiquette or ethics; or

(b)departed from accepted standards of professional conduct.

s 75 amd 2011 No. 32s 332sch 1pt 2 (amd 2012 No. 9s 47)

76Definitions for div 3

In this division—

confidential information means information that has become known to a relevant person in the course of performing the relevant person’s functions under this part or the repealed provisions.

entity of the State ...

def entity of the State om 2019 No. 13s 17

information includes a document.

relevant person means the following—

(a)a person who is, or was, the chief executive;

(b)a person who is, or was, involved in the administration or enforcement of this part, including, for example, a health service employee or a public service employee;

(c)a person who was involved in the administration or enforcement of the repealed provisions.

repealed provisions means the Health Act 1937, part 3, division 2.

77Confidentiality of information

(1)A relevant person must not, whether directly or indirectly, disclose confidential information.

Maximum penalty—50 penalty units.

(2)The Hospital and Health Boards Act 2011, section 142, does not apply to a relevant person in relation to confidential information.

s 77 amd 2011 No. 32s 332sch 1pt 2 (amd 2012 No. 9s 47)

78Disclosure under an Act or another law

Section 77(1) does not apply if the disclosure of the confidential information by a relevant person is authorised under an Act or another law.

79Disclosure under Act or with written consent etc.

Section 77(1) does not apply if the confidential information is disclosed by a relevant person—

(a)in the performance of functions under this Act; or

(b)with the written consent of the person to whom the information 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 contact tracing

Section 77(1) does not apply if the disclosure of the confidential information by a relevant person is authorised by the chief executive for the purposes of—

(a)monitoring the incidence and patterns of notifiable conditions; or

(b)identifying the source of outbreaks of notifiable conditions; or

(c)identifying persons who may transmit a notifiable condition to others, to prevent or minimise the transmission of the condition; or

(d)identifying persons who may have contracted, or may be at risk of contracting, a notifiable condition, to prevent or minimise the transmission of the condition; or

(e)contact tracing by a contact tracing officer.

81Disclosure of confidential information in the public interest

(1)Section 77(1) does not apply to the disclosure of confidential information by a relevant person if—

(a)the chief executive believes, on reasonable grounds, the disclosure is in the public interest; and

(b)the chief executive has, in writing, authorised the disclosure.

(2)The department’s annual report for a financial year under the Financial Accountability Act 2009 must include details of—

(a)the nature of any confidential information disclosed under subsection (1) during the financial year; and

(b)the purpose for which the confidential information was disclosed.

(3)However, the details mentioned in subsection (2)(a) must not identify, directly or indirectly, the person to whom the confidential information relates.

(4)Despite section 455, the chief executive may delegate the chief 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 health service employee; and

(ii)the chief executive is satisfied has the expertise or experience in public health issues necessary to exercise the powers.

s 81 amd 2009 No. 9s 136sch 1; 2009 No. 25s 83 sch; 2011 No. 41s 51

82Disclosure for data collection and public health monitoring

Section 77(1) does not apply to the disclosure of confidential information by a relevant person if—

(a)the disclosure is to an employee of the department or a person approved by the chief executive who is contracted by the department to analyse, monitor or evaluate public health; and

(b)the disclosure and receipt of the confidential information is for analysing, monitoring or evaluating public health; and

(c)the employee of the department or other person is authorised in writing by the chief executive to receive the confidential information.

83Disclosure for purposes relating to health services

Section 77(1) does not apply to the disclosure of confidential information by a relevant person if—

(a)the disclosure is to an employee of the department or a person approved by the chief executive who is contracted by the department to evaluate, manage, monitor or plan health services; or

(b)the disclosure is to an entity prescribed under a regulation for this paragraph for evaluating, managing, monitoring or planning health services as stated in the regulation.

84Disclosure to Commonwealth, another State or Commonwealth or State entity

(1)Section 77(1) does not apply to the disclosure of confidential 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 and the disclosure—

(i)is required or allowed under an agreement—

(A)between Queensland and the Commonwealth, State or entity; and

(B)prescribed under a regulation for this paragraph; and

(ii)is considered by the chief executive to be in the public interest; or

(b)the disclosure is to an entity of the State and the disclosure—

(i)is required or allowed under an agreement—

(A)between the chief executive and the entity; and

(B)prescribed under a regulation for this paragraph; and

(ii)is considered by the chief executive to be in the public interest.

(2)The Commonwealth, a State or entity that receives confidential information under an agreement under subsection (1)—

(a)must not give it to anyone else unless allowed to do so by the agreement or in writing by the chief executive; and

(b)must ensure the confidential information is used only for the purpose for which it was given under the agreement.

85Disclosure to allow chief executive to act

Section 77(1) does not apply if the disclosure of the confidential information by a relevant person is to the chief executive to allow the chief executive to act under this division.

86Release of information for an investigation under the Coroners Act

(1)This section applies if a coroner is investigating the death of a person.

(2)The chief executive may give to the coroner, or to a police officer helping the coroner to investigate the death, information from the register that is relevant to the person’s death.

(3)The coroner or police officer to whom the information is given and anyone else to whom the information is subsequently given under this subsection must not use or disclose the information other than—

(a)for a purpose of the investigation; or

(b)as otherwise required or permitted under this or another Act.

87Use of Notifiable Conditions Register

(1)Information in the register—

(a)can not be accessed under any order, whether of a judicial or administrative nature, other than an order for the purpose of this Act; and

(b)is not admissible in any proceeding, other than a proceeding under this Act.

(2)A person can not be compelled to produce the information, or to give evidence relating to the information, in any proceeding, other than a proceeding under this Act.

(3)Subsections (1)(b) and (2) do not apply if the information is admitted or produced, or evidence relating to the information is given, with the consent of the person to whom the information relates.

(4)Nothing in this section limits—

(a)the giving, use or disclosure of information under section 86; or

(b)the release of information by the chief executive under section 88 or the use of that information in a proceeding for a serious offence under that section; or

(c)access to information by the chief executive or a person authorised to have access by the chief executive.

(5)In this section—

order includes a direction or other process.

88Access to information in register for serious offence

(1)This section applies if information in the register is required by an entity of the State to investigate a serious offence.

(2)The chief executive may release the information to the entity under an agreement under section 84(1)(b) between the chief executive and the entity.

(3)In this section—

serious offence means an offence under—

(a)the Prostitution Act 1999, section 90; or

(b)the Criminal Code, section 317.

89Functions of contact tracing officer

A contact tracing officer has the following functions—

(a)identifying persons who may have contracted a notifiable condition;

(b)identifying persons who may transmit a notifiable condition to others;

(c)informing persons who may have contracted a notifiable condition so that they may seek medical examination and treatment;

(d)providing information to persons who may have contracted a notifiable condition to prevent or minimise transmission of the notifiable condition;

(e)obtaining information about the following to prevent or minimise transmission of a notifiable condition—

(i)how a person has, or may have, been exposed to the notifiable condition;

(ii)how a person has, or may have, exposed other persons to the notifiable condition.

90Appointment of contact tracing officer by chief executive

(1)The chief executive may appoint any of the following persons as 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, the chief executive may appoint, as a contact tracing officer for a notifiable condition, a person employed by a local government.

(3)An appointment under subsection (2) is for the local government’s area and any other local government area stated in the appointment.

(4)For an appointment under subsection (2), the chief executive—

(a)must, before appointing a person, obtain agreement to the appointment from the chief executive officer of the local government that employs the person; and

(b)must state, in the instrument by which the appointment is made, every notifiable condition to which the appointment applies.

(5)For exercising his or her powers under this part, a contact tracing officer appointed under subsection (1) or (2) is subject to the directions of the chief executive.

91Qualifications for appointment

The chief executive may appoint a person as a contact tracing officer only if—

(a)the chief executive is satisfied the person is qualified for appointment because the person has the necessary expertise or experience; and

(b)the person has the competencies, if any, prescribed under a regulation for this paragraph.

92Appointment conditions and limit on powers

(1)A contact tracing officer holds office on the conditions stated in—

(a)the instrument under which the contact tracing officer is appointed; 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 a contact tracing officer or a regulation may limit the contact tracing officer’s powers under this part.

(3)In this section—

signed notice means a notice signed by the chief executive.

93Issue of identity card

(1)The chief executive must issue an identity card to each contact tracing officer.

(2)The identity card must—

(a)contain a recent photo of the contact tracing officer; and

(b)contain a copy of the contact tracing officer’s signature; and

(c)identify the person as a contact tracing officer under this Act; and

(d)state an expiry date for the card.

(3)This section does not prevent the issue of a single identity card 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, a contact tracing officer must—

(a)produce the contact tracing officer’s identity card for the person’s inspection before exercising the power; or

(b)have the identity card displayed so it is clearly visible to the 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 for the 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 the following happens—

(a)the term of office stated in a condition of office ends;

(b)under another condition of office, the contact tracing officer ceases to hold office;

(c)the contact tracing officer’s resignation under section 96 takes effect.

(2)Subsection (1) does not limit the ways a contact tracing officer may cease to hold office.

(3)In this section—

condition of office means a condition on which the contact tracing officer holds office.

96Resignation

A contact tracing officer may resign by signed notice given to the chief executive.

97Return of identity card

A person who ceases to be a contact tracing officer must, unless the person has a reasonable excuse, return the contact tracing officer’s identity card to the chief executive within 21 days after ceasing to be a contact tracing officer.

Maximum penalty—20 penalty units.

98Definitions for div 2

In this division—

business contact information see section 101(2).

business contact information requirement see section 101(5).

contact information see sections 99(2) and 103(2).

contact information requirement see 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 may have, a notifiable condition; and

(b)has explained to the person that information is needed to attempt to prevent or minimise the spread of the notifiable condition.

(2)The contact tracing officer may ask the person to give the contact tracing officer all or any of the following information (the contact information) within a stated time—

(a)the person’s name and residential address or another address where the person may be contacted;

(b)the name, address, whereabouts and telephone number of any other person—

(i)who may have transmitted the notifiable condition to the person; or

(ii)to whom the person may have transmitted the notifiable condition;

(c)information about the circumstances in which the person may have been exposed to the notifiable condition or may have exposed another person to the notifiable condition.

(3)The contact tracing officer may ask the person to give the contact tracing officer evidence of the correctness of the contact information, within a stated reasonable time, if the contact tracing officer reasonably suspects the stated contact information to be false.

(4)If the person fails to comply with a request under subsection (2) or (3), the contact tracing officer may give the person a notice that—

(a)states the contact information the person is required to provide; and

(b)states the information is needed to attempt to prevent or minimise the spread of the notifiable condition; and

(c)requires the person to give the contact tracing officer the contact information within a stated reasonable time; and

(d)warns the person it is an offence to fail to give the contact information, unless the person has a reasonable excuse; and

(e)tells the person the effect of section 100(2).

(5)A requirement under subsection (4) is a contact information requirement.

(6)A person asked or required by a contact tracing officer to give contact information or evidence of the correctness of contact information must not state anything to the officer that the person 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 made must comply with the requirement, unless the person has a reasonable excuse.

Maximum penalty—50 penalty units.

(2)It is not a reasonable excuse to fail to comply with the contact information requirement that complying with the requirement might tend to incriminate the person.

(3)However, the following is not admissible in evidence against an individual in any civil or criminal proceeding—

(a)any information given by the individual in complying with the contact information requirement or a requirement under section 99(2) or (3) (primary evidence);

(b)any information, or document or other thing, obtained as a direct or indirect result of primary evidence (derived evidence).

(4)Subsection (3) does not prevent primary evidence or derived evidence being admitted in evidence in—

(a)criminal proceedings about the falsity or misleading nature of the primary evidence; or

(b)proceedings for obtaining a controlled notifiable conditions order under part 5.

(5)Also, subsection (3) does not prevent derived evidence being admitted in evidence in criminal proceedings about a controlled 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 a notifiable condition while receiving or providing goods or services from or to a business; and

(b)has explained to an owner of the business, or the person apparently in charge of the business, that information is needed to prevent or minimise the spread of the notifiable condition.

(2)The contact tracing officer may ask the owner or person apparently in charge to give the contact tracing officer all or any of the following information (the business contact information) within a stated reasonable time—

(a)the owner’s or person’s name and residential address or another address where the owner or person may be contacted;

(b)the name, address, whereabouts and telephone number of any person who received or provided goods or services from or to the business within a stated period;

(c)information about the circumstances in which a person who received or provided goods or services from or to the business may have been exposed to the notifiable condition or may have exposed another person to the notifiable condition.

(3)The contact tracing officer may ask the owner or person apparently in charge to give the contact tracing officer evidence of the correctness of the business contact information within a stated reasonable time if the contact tracing officer reasonably suspects the stated business contact information to be false.

(4)If a person fails to comply with a request under subsection (2) or (3), the contact tracing officer may give the person a notice that—

(a)states the business contact information the person is required to provide; and

(b)states the business contact information is needed to attempt to prevent or minimise the spread of the notifiable condition; and

(c)requires the person to give the contact tracing officer the business contact information within a stated reasonable time; and

(d)warns the person it is an offence to fail to give the business contact information, unless the owner or person has a reasonable excuse; and

(e)tells the person the effect of section 102(2).

(5)A requirement under subsection (4) is a business contact information requirement.

(6)A person asked or required by a contact tracing officer to give business contact information or evidence of the correctness of business contact information must not state anything to the officer that the person knows is false or misleading in a material particular.

Maximum penalty—50 penalty units.

(7)In this section—

business includes any organisation whether or not the organisation operates to make a profit.

Example—

a sporting club or charitable organisation

102Failure to give business contact information

(1)A person of whom a business contact information requirement is made must comply with the requirement, unless the person has a reasonable excuse.

Maximum penalty—50 penalty units.

(2)It is not a reasonable excuse to fail to comply with the requirement that complying with the requirement might tend to incriminate the person.

(3)However, the following is not admissible in evidence against an individual in any civil or criminal proceeding—

(a)any information given by the individual in complying with the business contact information requirement or a requirement under section 101(2) or (3) (primary evidence);

(b)any information, or document or other thing, obtained as a direct or indirect result of primary evidence (derived evidence).

(4)Subsection (3) does not prevent primary evidence or derived evidence being admitted in evidence in—

(a)criminal proceedings about the falsity or misleading nature of the primary evidence; or

(b)proceedings for obtaining a controlled notifiable conditions order under part 5.

(5)Also, subsection (3) does not prevent derived evidence being admitted in evidence in criminal proceedings about a controlled notifiable condition.

103Obtaining contact information from health information held by a health agency

(1)Subsection (2) applies if a contact tracing officer—

(a)reasonably suspects that a person has a notifiable condition; and

(b)has been unable to locate and question the person despite reasonable attempts to do so.

(2)The contact tracing officer may inspect health information held by a health agency to obtain the following information (also the contact information)—

(a)the person’s name and residential address or another address where the person may be contacted;

(b)the name and address, whereabouts and telephone number of another person—

(i)who may have transmitted the notifiable condition to the person; or

(ii)to whom the person may have transmitted the notifiable condition;

(c)information about the circumstances in which the person may have been exposed to the notifiable condition or may have exposed others to the notifiable condition.

Note—

See also section 99(2).

(3)This section applies despite any other provision of this Act or any provision of another law that deals with confidentiality, including, for example, the Hospital and Health Boards Act 2011, section 142.

s 103 amd 2011 No. 32s 332sch 1pt 2 (amd 2012 No. 9s 47)

104Definitions for div 3

In this division—

confidential information means information that has become known to a relevant person in the course of performing the relevant person’s functions under this part or the repealed provisions.

information includes a document.

relevant person means the following—

(a)a person who is, or was, a contact tracing officer or other person involved in the administration or enforcement of this part;

(b)a person who was involved in the administration or enforcement of the repealed provisions.

repealed provisions means the Health Act 1937, part 3, division 2.

105Confidentiality of information

(1)A relevant person must not, whether directly or indirectly, disclose confidential information.

Maximum penalty—50 penalty units.

(2)The Hospital and Health Boards Act 2011, section 142, does not apply to a relevant person in relation to confidential information.

s 105 amd 2011 No. 32s 332sch 1pt 2 (amd 2012 No. 9s 47)

106Disclosure under an Act or another law

Section 105(1) does not apply if the disclosure of the confidential information by a relevant person is authorised under an Act or another law.

107Disclosure under Act or with written consent etc.

Section 105(1) does not apply if the confidential information is 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 whom the information relates; or

(c)to the person to whom the information relates; or

(d)in a form that could not identify any person.

s 107 amd 2009 No. 44s 159

108Disclosure to protect health of person

Section 105(1) does not apply if the disclosure of the confidential information by a relevant person to another person is authorised by the chief executive to protect the health of that person or another person.

108ADisclosure for contact tracing purposes

(1)Section 105(1) does not apply if the disclosure of the confidential information by a relevant person is to a provider for the purpose of contacting another person (the traced person) who has, or may have, contracted a notifiable condition, to—

(a)provide the traced person with information to prevent or minimise transmission of the notifiable condition; or

(b)enable the traced person to seek medical examination or treatment.

(2)In this section—

health practitioner means a person who carries on, and is entitled to carry on, an occupation involving the provision of care for another person’s physical or mental health or wellbeing.

Examples of a health practitioner—

•a doctor

•a psychologist

•a social worker

•a registered nurse

provider, in relation to a person, means any of the following—

(a)a health practitioner involved in the treatment or care of the person or a health practitioner nominated by the person;

(b)if the person is a child—the person’s parent or a person exercising parental responsibility for the child, including a person who, under Aboriginal tradition or Island custom, is regarded as the parent of the child;

(c)the person’s legal guardian;

(d)an entity from another jurisdiction that is responsible for preventing or controlling the spread of communicable diseases in that jurisdiction;

(e)another entity prescribed under a regulation.

s 108A ins 2009 No. 44s 160

109Disclosure of confidential information in the public interest

(1)Section 105(1) does not apply to the disclosure of confidential information by a relevant person if—

(a)the chief executive believes, on reasonable grounds, the disclosure is in the public interest; and

(b)the chief executive has, in writing, authorised the disclosure.

(2)The department’s annual report for a financial year under the Financial Accountability Act 2009 must include details of—

(a)the nature of any confidential information disclosed under subsection (1) during the financial year; and

(b)the purpose for which the confidential information was disclosed.

(3)However, the details mentioned in subsection (2)(a) must not identify, directly or indirectly, the person to whom the confidential information relates.

(4)Despite the Public Service Act 2008, section 103, the chief executive may not delegate the chief executive’s power under subsection (1).

s 109 amd 2009 No. 9s 136sch 1; 2009 No. 25s 83 sch

110Disclosure to allow chief executive to act

Section 105(1) does not apply if the disclosure of the confidential information by a relevant person is to the chief executive to allow the chief executive to act under this division.

111Use of contact information and business contact information

(1)Contact information or business contact information (the information)—

(a)can not be accessed under any order, whether of a judicial or administrative nature, other than an order for the purpose of this Act; and

(b)is not admissible in any proceeding, other than a proceeding under this Act or a proceeding mentioned in section 100(4)(a) or (5) or section 102(4)(a) or (5).

(2)A person can not be compelled to produce the information, or to give evidence relating to the information, in any proceeding, other than a proceeding under this Act.

(3)Subsections (1)(b) and (2) do not apply if the information is admitted or produced, or evidence relating to the information is given, with the consent of the person to whom the information relates.

(4)Nothing in this section limits access to information by the chief executive or a person authorised by the chief executive.

(5)In this section—

order includes a direction or other process.

112Definition for pt 4

In this part—

chief executive’s order see section 113(4).

113Chief executive may order detention

(1)This section applies if the chief executive—

(a)reasonably suspects that a person who has presented to a public sector health service has, or may have, a controlled notifiable condition; and

(b)reasonably suspects the person’s condition, or the person’s condition and likely behaviour, constitutes an immediate risk to public health; and

(c)is satisfied the person has been counselled, or reasonable attempts have been made to counsel the person, about the condition and its possible effect on the person’s health and on public health.

(2)However, subsection (1)(c) does not apply if it is not practicable to counsel the person.

(3)The chief executive may order the detention of the person at a public sector health service.

(4)The order (a chief executive’s order) must be in writing and must state the following—

(a)the controlled notifiable condition the person has or is suspected of having;

(b)the reasons for the order;

(c)the name of the public sector health service where the person is to be detained;

(d)that the person must—

(i)if the person is at the public sector health service where the person is to be detained—remain at the service; or

(ii)if the person is not at the public sector health service where the person is to be detained—go immediately with the person enforcing the order to the public sector health service and remain at the service;

(e)that the person, while being detained at a public sector health service, must comply with the reasonable requirements 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 in charge of the public sector health service where the person to whom 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 the chief executive’s order; and

(b)explain to the person, in general terms, the purpose and effect of the chief executive’s order including that it is an offence not to comply with the order.

(3)The person in charge must note on the copy and original of the chief executive’s order when the copy was given to the person.

(4)The person given a copy of the chief executive’s order under subsection (2)(a) must comply with the order.

Maximum penalty—200 penalty units.

(5)The person in charge of a public sector health service may enforce a chief executive’s order with the help, and using the force, that is reasonable in the circumstances.

(6)However, the person in charge of a public sector health service must give the person detained an opportunity to voluntarily comply with the order.

(7)A person authorised by the person in charge of a public sector health service may help the person in charge to enforce a chief executive’s order.

115Duration of chief executive’s order

A chief executive’s order ends at the earlier of—

(a)24 hours from the time a copy is given to the person who is the subject of the order unless the chief executive orders the earlier release of the person; or

(b)the time a magistrate decides an application for a controlled notifiable conditions order relating to the person.

116Applying for controlled notifiable conditions order

(1)The chief executive may apply to a magistrate for any of the following orders for a person (each a controlled notifiable conditions 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 is suspected 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 person in, detention is sought—the proposed arrangements for the person’s detention and care.

(3)The magistrate may refuse to consider the application until the applicant gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.

Example—

The magistrate may require additional information supporting the application be given by statutory declaration.

117Deciding application in person’s absence

(1)A magistrate may decide an application for a controlled notifiable conditions order in the absence of the person for whom the order is sought if the magistrate—

(a)considers the person’s presence may be an immediate risk to public health; or

(b)is satisfied the person can not be located; or

(c)is satisfied there is another reason that makes this necessary.

(2)Without limiting subsection (1), a magistrate may decide that representations, if any, for the person must be made through someone acting for the person.

118Making initial examination order

(1)A magistrate may make an initial examination order for a person if the magistrate—

(a)reasonably suspects the person may have a controlled notifiable condition; and

(b)is satisfied that if the person has the condition, either of the following may constitute an immediate risk to public health—

(i)the person’s condition;

(ii)the person’s condition and likely behaviour; and

(c)is satisfied it is necessary for the person to undergo a medical examination to ascertain whether the person has the condition; and

(d)is satisfied the person has been counselled, or reasonable attempts have been made to counsel the person, about the condition and its possible effect on the person’s health and on public health.

(2)However, subsection (1)(d) does not apply if it is not practicable to counsel the person.

119What initial examination order may provide

(1)An initial examination order may provide for any or all of the following—

(a)that the person be detained at a stated place;

(b)subject to subsection (2), a period that is not more than 72 hours, for which a person may be detained;

(c)that the person be detained in isolation for part or all of the period of detention;

(d)if the person is not at the place where the person is to be detained, that the person be taken to and detained at the place;

(e)that the person undergo the medical examination stated in the order by a doctor nominated by the chief executive to ascertain whether the person has the controlled notifiable condition.

(2)The order may state a period that is more than 72 hours only if the magistrate is satisfied that because of the nature of the controlled notifiable condition a longer period is required to ascertain whether the person has the condition.

(3)The order may be made subject to the conditions the magistrate considers appropriate.

(4)The order may authorise any authorised person, within a stated period—

(a)to enter or re-enter any place the authorised person reasonably believes the person is; and

(b)to search the place to find the person; and

(c)to remain in the place for as long as the authorised person considers is reasonably necessary to find the person; and

(d)to take the person to the place where the person is to be detained under the order.

(5)An authorised person may exercise powers under the order with the help, and using the force, that is reasonable in the circumstances.

(6)Without limiting section 123, for enforcing the order the chief executive may detain the person and carry out the medical examination with the help, and using the force, that is reasonable in the circumstances.

120Service of initial examination order

As soon as practicable after an initial examination order is made for a person, an authorised person must—

(a)give the person the subject of the order a copy of the order; and

(b)explain the terms and effect of the order to the person including the effect of section 121; and

(c)give the person an opportunity to voluntarily accompany the authorised person to the place where the person the subject of the order is to be examined; and

(d)give the person notice about the right of appeal against the order and how to appeal.

121Person must remain at place of detention and undergo medical examination

A person detained under an initial examination order must remain at the place of detention for the period stated in the order and undergo the stated medical examination stated in the order unless the person is released under section 124.

Maximum penalty—400 penalty units.

122When period of detention starts

The period of detention of a person under an initial examination order starts—

(a)if the person is at the place where the person is to be examined—from the time the person is detained at the place and given a copy of the order; or

(b)if the person is not at the place where the person is to be examined—from the time the person is detained at the place after being given a copy of the order.

123Details of medical examination must be explained

(1)This section applies to a doctor undertaking the medical examination of a person under an initial examination order.

(2)The doctor must, if practicable—

(a)give an explanation to the person of the examination to be undertaken in a way likely to be readily understood by the person; and

(b)allow the person an opportunity to submit to the examination voluntarily.

(3)If the person does not submit to the examination voluntarily, the doctor may undertake the examination with the help, and using the force, that is reasonable in the circumstances.

124When detained person must be released before the end of initial examination order

The chief executive must release a person detained under this division before the initial examination order ends if the chief executive is satisfied the reason for the order no longer exists.

125Making behavioural order

(1)A magistrate may make a behavioural order for a person if the magistrate is satisfied—

(a)the person has a controlled notifiable condition; and

(b)either of the following may constitute an immediate risk to 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 avoid the person’s condition, or the person’s condition and likely behaviour, constituting a risk to public health; and

(d)the person has been counselled, or reasonable attempts have been made to counsel the person, about the condition and its possible effect on the person’s health and on public health.

(2)However, subsection (1)(d) does not apply if it is not practicable to counsel the person.

126What behavioural order may provide

(1)A behavioural order for a person may provide that the person do any or all of the following for the period stated in the order—

(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)For subsection (1)(d), the order may specify that the supervision and monitoring—

(a)be by a particular person or a person nominated by the chief executive; and

(b)be done in a stated way.

(3)Also, the order may be made subject to the conditions the magistrate considers appropriate.

(4)An authorised person may enforce the order with the help, and using the force, that is reasonable in the circumstances.

127Service of behavioural order

As soon as practicable after a behavioural order is made for a person, 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 person including that is an offence not to comply with the order; and

(c)give the person notice about the right of appeal against the order and how to appeal.

128Person must comply with behavioural order

(1)This section applies if a behavioural order has been made for a person and the person has been given a copy of the order.

(2)The person must comply with the order.

Maximum penalty—400 penalty units.

129Making detention order

(1)A magistrate may make a detention order for a person if the magistrate is satisfied—

(a)the person has a controlled notifiable condition; and

(b)either of the following may constitute an immediate risk to 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 a stated period to avoid the person’s condition, or the person’s condition and likely behaviour, constituting a risk to public health; and

(d)the person has been counselled, or reasonable attempts have been made to counsel the person, about the condition and its possible effect on the person’s health and on public health.

(2)However, subsection (1)(d) does not apply if it is not practicable to counsel the person.

130What detention order may provide

(1)A detention order for a person may provide for any or all of the following—

(a)that the person be detained at a stated place for a stated period of not more than 28 days;

(b)that the person be detained in isolation for part or all of the period of detention;

(c)if the person is not at the place where the person is to be detained, that the person be taken to and detained at the place;

(d)that the person undergo the medical examination or treatment stated in the order by a doctor nominated by the chief executive.

(2)The order may be made subject to the conditions the magistrate considers appropriate.

(3)The order may authorise any authorised person, within a stated period—

(a)to enter or re-enter any place the authorised person reasonably believes the person is; and

(b)to search the place to find the person; and

(c)to remain in the place for as long as the authorised person considers is reasonably necessary to find the person; and

(d)to take the person to the place where the person is to be detained under the order.

(4)An authorised person may exercise powers under the order with the help, and using the force, that is reasonable in the circumstances.

(5)Without limiting section 133, for enforcing the order the chief executive may detain the person and carry out the medical examination with the help, and using the force, that is reasonable in the circumstances.

131Service of detention order

As soon as practicable after a detention order is made for a person, an authorised person must—

(a)give the person the subject of the order a copy of the order; and

(b)explain the terms and effect of the order to the person including the effect of section 132; and

(c)if the person is not at the place where the person is to be detained, give the person an opportunity to voluntarily accompany the authorised person to the place; and

(d)give the person notice about the right of appeal against the order and how to appeal.

132Person must remain at place of detention and undergo medical examination or treatment

A person detained under a detention order must remain at the place of detention for the period stated in the order and undergo the medical examination or treatment stated in the order.

Maximum penalty—400 penalty units.

133Details of medical examination or treatment must be explained

(1)This section applies to a doctor undertaking a medical examination 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 or treatment to be undertaken in a way likely to be readily understood by the person; and

(b)allow the person an opportunity to submit to the examination or treatment voluntarily.

(3)If the person does not submit to the examination or treatment voluntarily, the doctor may undertake the examination or treatment with the help, and using the force, that is reasonable in the circumstances.

134Extension of behavioural or detention orders

(1)The chief executive may apply to a magistrate for an order to extend 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 the period decided by the magistrate.

(4)A detention order may be extended once only and for not more than 28 days.

(5)This part applies, with all necessary changes, to the application as if it were an application for a behavioural order or a detention order.

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

(1)The chief executive may apply to a magistrate for an order to vary or revoke an initial examination order, a behavioural order or a detention order.

(2)This part applies, with all necessary changes, to the application as if it were an application for an initial examination order, a behavioural order or a detention order.

(3)Without limiting the things to which the magistrate may have regard in deciding the application, the magistrate may have regard to a contravention of section 121, 128 or 132.

136Application for warrant for apprehension

(1)This section applies if a person who is subject to an initial examination order or a detention order—

(a)absconds while being taken to the place where the person is to be detained under the order; or

(b)absconds from the place where the person is being detained under the order; or

(c)absconds from another place before being taken to the place where the person is to be detained under the order.

(2)An authorised person may apply to a magistrate for a warrant for apprehension of the person.

(3)The authorised person must prepare a written application that states 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 the authorised person gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.

Example—

The magistrate may require additional information supporting the application be given by statutory declaration.

137Issue of warrant

(1)The magistrate may issue a warrant for the apprehension of the person who has absconded if the magistrate is satisfied the warrant is necessary to enable an authorised person to detain the person.

(2)The warrant authorises any authorised person—

(a)to enter or re-enter any place the authorised person reasonably believes the person is; and

(b)to search the place to find the person; and

(c)to remain in the place for as long as the authorised person considers is reasonably necessary to find the person; and

(d)to take the person to the place where the person is to be detained under an initial examination order or a detention order.

(3)The warrant must state the day when it ends.

(4)An authorised person may exercise powers under the warrant with the help, and using the force, that is reasonable in the circumstances.

138Application by electronic communication and duplicate warrant

(1)An application under section 136 may be made by phone, fax, email, radio, videoconferencing or another form of electronic communication if the authorised person reasonably considers it necessary because of—

(a)urgent circumstances; or

(b)other special circumstances, including, for example, the authorised person’s remote location.

(2)The application—

(a)may not be made before the authorised person prepares the written application under section 136(3); but

(b)may be made before the written application is sworn.

(3)The magistrate may issue the warrant (the original warrant) only if the magistrate is satisfied—

(a)it was necessary to make the application under subsection (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 immediately giving a copy of the warrant to the authorised person, for example, by sending a copy by fax or email, the magistrate must immediately give a copy of the warrant to the authorised person; or

(b)otherwise—

(i)the magistrate must tell the authorised person the date and time the warrant is issued and the other terms of the warrant; and

(ii)the authorised person must complete a form of warrant, including by writing on it—

(A)the magistrate’s name; and

(B)the date and time the magistrate issued the warrant; and

(C)the other terms of the warrant.

(5)The copy of the warrant mentioned in subsection (4)(a), or the form of warrant completed under subsection (4)(b) (in either case the duplicate warrant), is a duplicate of, and as effectual as, the original warrant.

(6)The authorised person must, at the first reasonable opportunity, send to the magistrate—

(a)the written application complying with section 136(3) and (4); and

(b)if the authorised person completed a form of warrant under subsection (4)(b)—the completed form of warrant.

(7)The magistrate must keep the original warrant and, on receiving the documents under subsection (6)—

(a)attach the documents to the original warrant; and

(b)give the original warrant and documents to the clerk of the court of the relevant magistrates court.

(8)Despite subsection (5), if—

(a)an issue arises in a proceeding about whether an exercise of a power was authorised by a warrant issued under this section; and

(b)the original warrant is not produced in evidence;

the onus of proof is on the person relying on the lawfulness of the exercise of the power to prove a warrant authorised the exercise of the power.

(9)In this section—

relevant magistrates court, in relation to a magistrate, means the Magistrates Court that the magistrate constitutes under the Magistrates Act 1991.

139Defect in relation to a warrant

(1)A warrant is not invalidated by a defect in the warrant, or in compliance with section 136, 137 or 138, unless the defect affects the substance of the warrant in a material particular.

(2)In this section—

warrant includes a duplicate warrant mentioned in section 138(5).

140Procedure before entry—orders

(1)This section applies if an authorised person is intending to enter a place under an initial examination order or detention order.

(2)Before entering the place, the authorised person must do or make a reasonable attempt to do the following things—

(a)identify himself or herself to a person present at the place who is an occupier of the place by producing a copy of the authorised person’s identity card or other document evidencing the appointment;

(b)give the person a copy of the order;

(c)tell the person the authorised person is permitted by the order to enter the place;

(d)give the person an opportunity to allow the authorised person immediate entry to the place without using force.

(3)However, the authorised person need not comply with subsection (2) if the authorised person believes on reasonable grounds that immediate entry to the place is required to ensure the effective execution of the order is not frustrated.

141Procedure before entry—warrants

(1)This section applies if an authorised person is intending to enter a place under a warrant under this part.

(2)Before entering the place, the authorised person must do or make a reasonable attempt to do the following things—

(a)identify himself or herself to a person present at the place who is an occupier of the place by producing a copy of the authorised person’s identity card or other document evidencing the appointment;

(b)give the person a copy of the warrant;

(c)tell the person the authorised person is permitted by the warrant to enter the place;

(d)give the person an opportunity to allow the authorised person immediate entry to the place without using force.

(3)However, the authorised person need not comply with subsection (2) if the authorised person believes on reasonable grounds that immediate entry to the place is required to ensure the effective execution of the warrant is not frustrated.

(4)In this section—

warrant includes a duplicate warrant mentioned in section 138(5).

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

The following persons may appeal to the District Court against a decision on an application for a controlled notifiable conditions order or an extension or variation of the order—

(a)the chief executive;

(b)the person to whom the application relates.

143Person must not recklessly spread controlled notifiable condition

(1)A person must not recklessly put someone else at risk of contracting a controlled notifiable condition.

Maximum penalty—200 penalty units or 18 months imprisonment.

(2)A person must not recklessly transmit a controlled notifiable condition to someone else.

Maximum penalty—400 penalty units or 2 years imprisonment.

(3)A person does not commit an offence against subsection (1) if, when the other person was put at risk of contracting the condition, the other person—

(a)knew the person had the condition; and

(b)voluntarily accepted the risk of contracting the condition.

(4)A person does not commit an offence against subsection (2) if, when the condition was transmitted to the other person, the other person—

(a)knew the person had the condition; and

(b)voluntarily accepted the risk of contracting the condition.

(5)A person does not commit an offence against subsection (1) or (2) by merely refusing, or failing, to be vaccinated against a condition for which there is a recognised and reasonably available vaccine.

Note—

The Criminal Code, section 317 provides for the crime of intentionally transmitting a serious disease to a person.

144How proceedings under this chapter heard

(1)A court hearing a proceeding under this chapter, including a proceeding for an offence, may by its order limit the extent to which its business is open to the public if the public interest or the interest of justice require it (the limitation power) having regard to—

(a)the subject matter of the proceeding; or

(b)the nature of the evidence expected to be given.

(2)A person must not make or publish a report about a proceeding in relation to which the limitation power is exercised unless the report—

(a)is authorised by the court; or

(b)is made for the purpose of the proceeding or of a proceeding related to that proceeding; or

(c)is contained in or is made for the purpose of being contained in a recognised series of law reports; or

(d)is made for the chief executive.

Maximum penalty—

(a)for a first offence—200 penalty units or 6 months imprisonment; or

(b)for a subsequent offence—400 penalty units or 12 months imprisonment.

(3)This section does not limit the Supreme Court of Queensland Act 1991, section 8, the District Court of Queensland Act 1967, section 126 or the Magistrates Courts Act 1921, section 14A.

s 144 amd 2011 No. 45s 217sch 1A

145Person may give information necessary for authorised person’s safety

(1)This section applies if—

(a)under a chief executive’s order, the person (the relevant person) 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 the relevant person) who is the subject of the order is to be taken to, or detained at, a stated place; or

(c)under an behavioural order, the person (also the relevant person) who is the subject of the order is to do or not do stated things for a stated period; or

(d)under a detention order, the person (also the relevant person) who is the subject of the order is to be taken to, or detained at, a stated place; or

(e)a person (also the relevant person) may be apprehended under a warrant issued under section 137 or 138.

(2)To protect the safety of the relevant person or the following persons a doctor, health service employee or person involved in the administration of this Act may give information about the 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)a person authorised by the person in charge of public sector health service.

(3)This section applies despite any other provision of this Act or any provision of another law that deals with confidentiality, including, for example, the Hospital and Health Boards Act 2011, section 142.

s 145 amd 2011 No. 32s 332sch 1pt 2 (amd 2012 No. 9s 47)

146Obstructing persons exercising powers

(1)A person must not obstruct any of the following in the exercise of a power under this chapter, unless the person has a reasonable excuse—

(a)the chief executive;

(b)a doctor;

(c)an authorised person;

(d)a person in charge of a public sector health service;

(e)a person authorised by a person in charge of a public sector health service.

Maximum penalty—100 penalty units.

(2)If a person has obstructed a person mentioned in subsection (1)(a) to (e) (the enforcing person) and the enforcing person decides to proceed with the exercise of the power, the enforcing person must warn the person that—

(a)it is an offence to obstruct the enforcing person, unless the person has a reasonable excuse; and

(b)the enforcing person considers the person’s conduct is an obstruction.

147Definitions for ch 4

In this chapter—

commencement means the commencement of this chapter.

declared health service see section 148.

ICMP see section 152.

invasive procedure means a procedure involving the insertion of 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 mouth

mobile premises means premises that—

(a)are a vehicle or are otherwise ordinarily moved from place to place; and

(b)are used for the provision of a declared health service.

operator, of a health care facility, means the person who has the day to day operation and control of the facility.

148Meaning of declared health service

(1)

A declared health service means a service provided to a person that—

(a)is intended to maintain, improve or restore the person’s health; and

(b)involves the performance of an invasive procedure or an activity that exposes the person or another person to blood or another bodily fluid.

(2)Without limiting subsection (1), a declared health service includes a declared health service provided to a person at the following—

(a)a public sector hospital;

(b)a medical practice;

(c)a dental practice;

(d)an acupuncture clinic;

(e)a midwifery service;

(f)an ambulance service;

(g)a blood bank.

149Meaning of health care facility

(1)

A health care facility means a facility at which a declared health service is provided and includes—

(a)mobile premises associated with the facility; and

(b)other premises or places at which persons employed or otherwise engaged at the facility provide declared health services for the facility.

Examples for subsection (1)—

1an ambulance base and the ambulances that operate from the base

2a home-based service provided by a public sector hospital

3an acupuncture clinic operating from an office or residential address that provides home visits

(2)A health care facility includes services supporting the facility.

Example for subsection (2)—

a hospital laundry or cleaning service

s 149 amd 2007 No. 54s 56

150Application of ch 4

(1)This chapter does not apply to—

(a)a private health facility; or

(b)an area within a health care facility used for food services, including, for example, the preparation, handling and storage of food; or

(c)an aged care service conducted by an approved provider under the Aged Care Act 1997 (Cwlth).

(2)If this chapter conflicts with either of the following Acts, that Act prevails, but only to the extent of the conflict—

(a)the Work Health and Safety Act 2011;

(b)the Environmental Protection Act 1994.

s 150 amd 2011 No. 18s 404sch 4pt 2div 1

pt hdg sub 2017 No. 16s 5

151Obligation to minimise risk of infection

A person involved in the provision of a declared health service must take reasonable precautions and care to minimise the risk of infection to other persons.

Maximum penalty—1,000 penalty units.

s 151 sub 2017 No. 16s 5

Examples of a person involved in the provision of a declared health service—

1a registered nurse collecting blood for a blood bank

2the medical superintendent or director of nursing of a public sector hospital

3the owner of a dental practice that employs dentists, on a permanent or casual basis

4the owner of a business that operates a first aid room for its employees

Example of how a person might take reasonable precautions and care—

The person complies with the ICMP for the health care facility at which the declared health service is provided and with any measures prescribed under section 461(2)(a) about preventing and controlling the spread of infectious conditions in providing the declared health service

152What is an infection control management plan

An infection control management plan (an ICMP), for a health care facility, is a documented plan to prevent or minimise the risk of infection, in relation to a declared health service, for—

(a)persons receiving services at the facility; and

(b)persons employed or engaged at the facility; and

(c)other persons at risk of infection at the facility.

153Obligation of owner for ICMP

(1)This section applies if the owner and the operator of a health care facility are different persons.

(2)The owner must ensure—

(a)there is an ICMP for the health care facility that complies with section 155(1) and includes the matters prescribed under section 155(2); and

(b)declared health services provided at the health care facility are provided in compliance with the ICMP; and

(c)the operator reviews the effectiveness and implementation of the ICMP 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 care facility, or of a type of health care facility, prescribed under a regulation.

(4)However, a health care facility, or a type of health care facility, may be prescribed under subsection (3) only if the chief executive is satisfied the infection risks associated with the provision of a declared health service at the facility or a facility of that type can be prevented or minimised without an ICMP for the facility.

s 153 amd 2007 No. 54s 57; 2017 No. 16s 6

154Obligation of owner/operator for ICMP

(1)This section applies if the owner and the operator of a health care facility are the same person.

(2)The operator must—

(a)ensure there is an ICMP for the health care facility that complies with section 155(1) and includes the matters prescribed under section 155(2); and

(b)ensure declared health services provided at the health care facility are provided in compliance with the ICMP; and

(c)review the effectiveness and implementation of the ICMP 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 care facility, or of a type of health care facility, prescribed under a regulation.

(4)However, a health care facility, or a type of health care facility, may be prescribed under subsection (3) only if the chief executive is satisfied the infection risks associated with the provision of a declared health service at the facility or a facility of that type can be prevented or minimised without an ICMP for the facility.

s 154 amd 2007 No. 54s 58; 2017 No. 16s 7

155What an ICMP must contain

(1)An ICMP for a health care facility must state—

(a)the infection risks associated with the provision of declared health services provided at the facility; and

(b)the measures to be taken to prevent or minimise the infection risks for declared health services; and

(c)how the operator is to monitor and review the implementation and effectiveness of the measures; and

(d)details about the provision of training in relation to the ICMP for persons employed or otherwise engaged at the facility; and

(e)how often the ICMP is to be reviewed; and

(f)if a person other than the operator of the facility is also responsible for providing advice about, and monitoring the effectiveness of, the ICMP—the name of that person.

(2)A regulation may prescribe matters to be included in an ICMP, including the measures under subsection (1)(b) that are to be included in an ICMP.

(3)The ICMP must be written in a way likely to be easily understood by persons employed or otherwise engaged at the facility.

(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 the facility that is readily accessible to persons employed or otherwise engaged at the facility.

Maximum penalty—100 penalty units.

(6)If, after developing an ICMP for a health care facility, the operator of the facility intends to provide a declared health service not identified in the ICMP, the operator must, before providing the service, review and amend the ICMP to address the infection risks associated with the service.

s 155 amd 2017 No. 16s 8

156Time for developing and implementing an ICMP

The operator of a health care facility must develop and implement an ICMP—

(a)for a health care facility operating at the commencement—within 6 months of the commencement; or

(b)for a health care facility that starts operation after the commencement—before the facility provides a declared health service.

156A Giving copy of ICMP and information to authorised person

(1)An authorised person appointed by the chief executive may, by notice given to the operator of a health care facility, require the operator to give the following to the authorised person by the day stated in the notice—

(a)a copy of the ICMP for the health care facility;

(b)other stated information about procedures for preventing or minimising the risk of infection to persons at the health care facility�.

(2)The operator must comply with the notice, unless the operator has a reasonable excuse.

Maximum penalty—200 penalty units.

s 156A ins 2017 No. 16s 9

156B Amending ICMP

(1)This section applies if an authorised person appointed by the chief executive is satisfied an ICMP for a health care facility requires amendment to comply with this part.

(2)The authorised person may, by notice given to the operator of the health care facility, require the operator to amend the ICMP.

(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 authorised person a copy of the amended ICMP.

(4)The operator must comply with the notice, unless the operator has a reasonable excuse.

Maximum penalty—500 penalty units.

s 156B ins 2017 No. 16s 9

pt hdg ins 2017 No. 16s 10

156C Improvement notice

(1)This section applies if an authorised person appointed by the chief executive reasonably believes—

(a)the operator or owner of a health care facility—

(i)is contravening a relevant provision; or

(ii)has contravened a relevant provision in circumstances that make it likely the contravention will continue or be repeated; and

(b)a matter relating to the contravention is reasonably capable of being remedied; and

(c)it is appropriate to give the operator or owner an opportunity to remedy the matter.

(2)The authorised person may give the operator or owner a notice (an improvement notice) requiring the operator or owner to remedy the contravention or have the contravention remedied.

(3)The improvement notice must state the following—

(a)the relevant provision the authorised person believes is being, or has been, contravened;

(b)that the authorised person reasonably believes the operator or owner—

(i)is contravening the relevant provision; or

(ii)has contravened the relevant provision in circumstances that make it likely the contravention will 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 operator or owner must remedy the contravention or have the contravention remedied;

(e)that it is an offence to fail to comply with the improvement notice, unless the operator or owner has a reasonable excuse.

(4)The period stated under subsection (3)(d) must be reasonable, having regard to the risk to public health posed by the contravention.

(5)The improvement notice may also state the reasonable steps the authorised person considers necessary to remedy the contravention, or avoid further contravention, of the relevant provision.

(6)The operator or owner must comply with the improvement notice, unless the operator or owner has a reasonable excuse.

Maximum penalty—

(a)if the relevant provision the subject of the improvement notice is section 151—1,000 penalty units; or

(b)if the relevant provision the subject of the improvement notice is section 153(2) or 154(2)—500 penalty units; or

(c)if the relevant provision the subject of the improvement notice is section 155(5)—100 penalty units.

(7)An operator or owner may be prosecuted for the contravention of a relevant provision without an authorised person first giving an improvement notice for the contravention.

(8)In this section—

relevant provision means—

(a)in relation to the operator of a health care facility—section 151, 154(2) or 155(5); or

(b)in relation to the owner of a health care facility who is not the operator of the facility—section 153(2).

s 156C ins 2017 No. 16s 10

156D Record of compliance with improvement notice

(1)If the operator or owner of a health care facility who is given an improvement notice by an authorised person under this part reasonably believes the operator or owner has complied with the notice, the operator or owner may inform the authorised person of the belief.

(2)If the authorised person is satisfied the operator or owner has complied with the improvement notice, the authorised person must—

(a)record the date of the compliance on a copy of the notice; and

(b)if asked, give a copy of the dated notice to the operator or owner.

s 156D ins 2017 No. 16s 10

156E Directions notice

(1)This section applies if the chief executive reasonably believes—

(a)the operator of a health care facility—

(i)is contravening section 151; or

(ii)has contravened section 151 in circumstances that make it likely the contravention will continue or be repeated; and

(b)there is a serious risk of harm to a person’s health because of the contravention or likely contravention.

(2)The chief executive may give the operator a notice (a directions notice) directing the operator to stop providing a stated declared health service at the health care facility for a stated period of not more than 30 days.

(3)The directions notice must also state the following—

(a)that the chief executive reasonably believes the operator—

(i)is contravening section 151; or

(ii)has contravened section 151 in circumstances that make it likely the contravention will continue or be repeated;

(b)briefly, how it is believed section 151 is being, or has been, contravened;

(c)the period within which the operator must remedy the contravention or have the contravention remedied;

(d)the serious risk of harm caused by the contravention or likely contravention;

(e)that it is an offence to fail to comply with the notice, unless the operator has a reasonable excuse.

(4)The directions notice may also state the reasonable steps the chief executive considers necessary to remedy the contravention, or avoid further contravention, of section 151.

(5)The directions notice takes effect when it is given to the operator of the health care facility.

s 156E ins 2017 No. 16s 10

156F Chief executive may extend directions notice

(1)This section applies if, before the end of the period stated under section 156E(2) for a directions notice, the chief executive still believes the matters mentioned in section 156E(1) for the directions notice.

(2)The chief executive may, by notice given to the operator, extend the period during which the operator must not provide the stated declared health service by not more than 30 days.

s 156F ins 2017 No. 16s 10

156G Court order may extend directions notice

(1)This section applies if the chief executive has given a directions notice to the operator of a health care facility.

(2)The chief executive may apply to a magistrate for an order to extend the period during which the operator must not provide the stated declared health service.

(3)The application must be made before the end of—

(a)the period stated under section 156E(2) for the directions notice; or

(b)if the period is extended under section 156F(2)—the extended period.

(4)If the magistrate has not decided the application before the end of the period in which the application must be made, the directions notice continues in effect until the magistrate decides the application.

(5)The magistrate may refuse to consider the application until the chief executive gives the magistrate all the information the magistrate requires to make the order.

(6)The magistrate may make an order to extend the period mentioned in subsection (2) for a further stated period if the magistrate is satisfied—

(a)the operator—

(i)is contravening section 151; or

(ii)has contravened section 151 in circumstances that make it likely the contravention will continue or be repeated; and

(b)there is a serious risk of harm to a person’s health because of the contravention or likely contravention.

s 156G ins 2017 No. 16s 10

156H Offence to fail to comply with a directions notice

The operator of a health care facility must comply with a directions notice given to the operator, unless the operator has a reasonable excuse.

Maximum penalty—3,000 penalty units.

s 156H ins 2017 No. 16s 10

156I Record of compliance with directions notice

(1)If the operator of a health care facility who is given a directions notice under this part reasonably believes the operator has complied with the notice, the operator may inform the chief executive of the belief.

(2)If the chief executive is satisfied the operator has complied with the directions notice, the chief executive must—

(a)record the date of the compliance on a copy of the notice; and

(b)if asked, give a copy of the dated notice to the operator.

(3)The directions notice stops having effect on the date of compliance.

s 156I ins 2017 No. 16s 10

157Chief executive may report contraventions

(1)If the chief executive considers a person has contravened this chapter, the chief executive may report the alleged contravention to a relevant entity.

(2)In this section—

relevant entity means—

(a)the health ombudsman; or

(c)a board established under the Health Practitioner Regulation National Law; or

(d)another entity that has the power under an Act of the State, the Commonwealth or another State to deal with the matter.

s 157 amd 2006 No. 25s 241(1)sch 3; 2010 No. 14s 124 sch; 2013 No. 36s 331sch 1

ch hdg ins 2016 No. 5s 921

pt hdg ins 2016 No. 5s 921

157ADefinitions for ch 4A

In this chapter—

administrator ...

def administrator om 2017 No. 3s 52(1)

ambulance officer see the Ambulance Service Act 1991, schedule.

authorised mental health practitioner ...

def authorised mental health practitioner om 2017 No. 3s 52(1)

authorised mental health service ...

def authorised mental health service om 2017 No. 3s 52(1)

authorised person means—

(a)a police officer; or

(b)an appropriately qualified health service employee appointed as an authorised person by the person in charge of a public sector health service facility; or

(c)an ambulance officer; or

(d)a security officer.

def authorised person amd 2017 No. 3s 52(2)–(4)

emergency examination authority see section 157D(1).

examination period see section 157E(1).

health practitioner means a person registered under the Health Practitioner Regulation National Law, or another person who provides health services, including, for example, a social worker.

public sector health service facility see the Hospital and Health Boards Act 2011, schedule 2.

security officer means a person employed or engaged by a public sector health service facility to provide security services, regardless of how the person’s employment or engagement is described.

def security officer amd 2017 No. 3s 52(5)

treatment or care place means a public sector health service facility or another place, other than a watch house, where a person may receive treatment and care appropriate to the person’s needs.

Example of another place where a person may receive treatment and care appropriate to the person’s needs—

the person’s home

def treatment or care place amd 2017 No. 3s 52(6)

s 157A ins 2016 No. 5s 921

pt hdg ins 2016 No. 5s 921

157BAmbulance officer or police officer may detain and transport person

(1)This section applies if an ambulance officer or police officer believes—

(a)a person’s behaviour, including, for example, the way in which the person is communicating, indicates the person is at immediate risk of serious harm; and

Example—

a person is threatening to commit suicide

(b)the risk appears to be the result of a major disturbance in the person’s mental capacity, whether caused by illness, disability, injury, intoxication or another reason; and

(c)the person appears to require urgent examination, or treatment and care, for the disturbance.

(2)For the Police Powers and Responsibilities Act 2000, section 609(1)(a)(i), the police officer may consider advice received from a health practitioner about the person in forming a view as to whether there is an imminent risk of injury to a person.

(3)The ambulance officer or police officer may detain the person and transport the person to a treatment or care place.

(4)If the treatment or care place is a public sector health service facility that is not an inpatient hospital, the person may only be transported to the facility with the approval of the person in charge of the facility.

(5)If the person is detained and transported to a treatment or care place, other than a public sector health service facility, the person can not be detained at the place unless an Act otherwise requires.

Note—

See section 157E for detention in a treatment or care place that is a public sector health service facility.

(6)In this section—

inpatient hospital means a hospital where a person may be discharged on a day other than the day on which the person was admitted to the hospital.

s 157B ins 2016 No. 5s 921 (amd 2017 No. 3s 52(7)–(8))

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 and transporting 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 reasonable steps to ensure the person understands the information given under subsection (1), including by telling the person or explaining the thing to the person—

(a)in an appropriate way having regard to the person’s age, culture, mental impairment or illness, communication ability and any disability; and

(b)in a way, including, for example, in a language, the person is most likely to understand.

s 157C ins 2016 No. 5s 921

157DGiving emergency examination authority

(1)If the ambulance officer or police officer takes the person to a treatment or care place that is a public sector health service facility, the officer must immediately make an authority (an emergency 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)The person may be detained in the treatment or care place while the authority is being made.

(4)Immediately after making the authority, the ambulance officer or police officer must give the authority to a health service employee at the treatment or care place.

s 157D ins 2016 No. 5s 921 (amd 2017 No. 3s 52(9))

157EDetention in treatment or care place

(1)A person subject to an emergency examination authority may be detained in a treatment or care place that is a public sector health service facility for a period (the examination period) of not more than 6 hours starting when the authority is given to the health service employee under section 157D(4).

(2)A doctor or health practitioner must explain the effect of the authority to the person.

(3)The doctor or health practitioner must take reasonable steps to ensure the person understands the information given under subsection (2), including by telling the person or explaining the information to the person—

(a)in an appropriate way having regard to the person’s age, culture, mental impairment or illness, communication ability and any disability; and

(b)in a way, including, for example, in a language, the person is most likely to understand.

(4)Also, a doctor or health practitioner may extend or further extend the examination period to not more than 12 hours after it starts if the doctor or health practitioner believes the extension is necessary to carry out or finish an examination of the person under section 157F.

s 157E ins 2016 No. 5s 921 (amd 2017 No. 3s 52(10)–(11))

157FExamination

(1)A doctor or health practitioner may examine a person subject to an emergency examination authority to decide the person’s treatment and care needs.

(2)Also, a doctor or authorised mental health practitioner may examine the person to decide whether to make a recommendation for assessment for the person under the Mental Health Act 2016.

(3)An examination may be carried out using an audiovisual link if the doctor or health practitioner examining the person believes it is clinically appropriate.

(4)In this section—

audiovisual link means facilities that enable reasonably contemporaneous and continuous audio and visual communication between persons at different places.

authorised mental health practitioner see the Mental Health Act 2016, schedule 3.

s 157F ins 2016 No. 5s 921 (amd 2017 No. 3s 52(12))

pt hdg ins 2016 No. 5s 921

157GApplication of pt 3

This part applies if a person absconds from a public sector health service facility while being detained under this chapter.

s 157G ins 2016 No. 5s 921 (amd 2017 No. 3s 52(13))

157HPerson in charge of facility may require return of absent person

(1)A person in charge of a public sector health service facility may—

(a)authorise an authorised person, other than a police officer, to transport the person to a public sector health service facility; or

(b)ask a police officer to transport the person to a public sector 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 facility to which the person is to be transported; and

(d)identify the risk the person presents to himself or herself, the authorised person or police officer, and others; and

(e)for a request to a police officer—state the reasons why the person in charge considers it necessary for a police officer to transport the person.

(3)Before giving the authorisation or making the request, the person in charge must make reasonable efforts to contact the person and encourage the person to come or return to the public sector health service facility.

(4)Subsection (3) does not apply if the person in charge considers there is a risk that the person may harm himself or herself or others if the person in charge complies with the subsection.

(5)The person in charge of a public sector health service facility may delegate a function or power of the person in charge under this section to an appropriately qualified health service employee.

(6)For performing a function or exercising a power under this section in relation to a person, an authorised person, other than a police officer, is a public official for the Police Powers and Responsibilities Act 2000.

Note—

See also part 5 for applying for a warrant for the apprehension of a person.

s 157H ins 2016 No. 5s 921 (amd 2017 No. 3s 52(14)–(22))

157IDuration of authorisation or request

An authorisation or request under section 157H to transport the person is in force for 3 days after the day the person absconds.

s 157I ins 2016 No. 5s 921

157JAuthorised person may transport absent person

(1)This section applies if an authorised person is authorised to transport a person under section 157H(1)(a).

(2)The authorised person may transport the person named in the authorisation to the public sector health service facility stated in the authorisation.

(3)Subsection (4) applies if an authorised person mentioned in section 157H(1)(a) asks a police officer, under the Police Powers and Responsibilities Act 2000, section 16, to help transport the named person.

Note—

Under section 157H(6), an authorised person, other than a police officer, is a public official for the Police Powers and Responsibilities Act 2000. Under section 16 of that Act, a public official may ask a police officer to help the public official perform the public official’s functions.

(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 facility to which the person is to be transported; and

(d)identify the risk the person presents to himself or herself, the authorised person or police officer, and others; and

(e)state the reasons why the authorised person considers it necessary to ask the police officer to help transport the person.

(5)Before transporting the person, the authorised person must—

(a)tell the person the authorised person is detaining the person and transporting the person to the public sector health service facility stated in the authorisation; and

(b)explain to the person how taking action under paragraph (a) may affect the person.

s 157J ins 2016 No. 5s 921 (amd 2017 No. 3s 52(23)–(25))

157KEffect on examination period

For a person transported under an authorisation or request under section 157H—

(a)despite section 157E(1), the examination period for the person starts when the person is admitted to the service or facility to which the person is transported under section 157E; and

(b)a health service employee must note on the person’s emergency examination authority when the examination period starts under paragraph (a).

s 157K ins 2016 No. 5s 921

pt hdg ins 2016 No. 5s 921

157LUse of force to detain and transport

An ambulance officer or police officer may exercise the power to detain and transport a person under this chapter with the help, and using the force, that is necessary and reasonable in the circumstances.

s 157L ins 2016 No. 5s 921

157MTransfer to another treatment or care place

(1)This section applies if—

(a)a person subject to an emergency examination authority is transported to a treatment or care place that is a public sector health service facility; and

(b)a doctor or health practitioner believes it is necessary for the person to be transported to another treatment or care place that is a public sector health service facility.

(2)An authorised person may transport the person under the emergency examination authority to the other treatment or care place.

Note—

A person subject to an emergency examination authority may only be detained in a treatment or care place for the examination period, or the examination period as extended under section 157E(4).

s 157M ins 2016 No. 5s 921 (amd 2017 No. 3s 52(26)–(27))

157NUse of reasonable force to detain person

(1)This section applies if, under an emergency examination authority, a person may be detained in a public sector health service facility.

(2)The person in charge of the public sector health service facility, and anyone lawfully helping the person in charge, may exercise the power to detain the person in the facility with the help, and using the force, that is necessary and reasonable in the circumstances.

s 157N ins 2016 No. 5s 921 (amd 2017 No. 3s 52(28)–(29))

157OExamination of person without consent and with use of reasonable force

(1)An examination of a person subject to an emergency examination authority may be made under this chapter without the consent of the person or anyone else.

(2)A person lawfully examining the person, or lawfully helping to examine the person, may use the force that is necessary and reasonable in the circumstances to examine, or help examine, the person.

s 157O ins 2016 No. 5s 921

157PReturn after examination or treatment and care to person’s requested place

(1)This section applies if—

(a)a person is transported from the community to a treatment or care place that is a public sector health service facility; and

(b)at the end of the examination period, or the examination period as extended under section 157E(4), for the person, a recommendation for assessment under the Mental Health Act 2016 is not made for the person.

(2)The person in charge of the public sector health service facility must take reasonable steps to ensure the person is returned to a place reasonably requested by the person.

s 157P ins 2016 No. 5s 921 (amd 2017 No. 3s 52(30)–(31))

pt hdg ins 2016 No. 5s 921

157QApplication for warrant for apprehension of person

(1)This section applies if an authorised person considers a warrant for apprehension of a person is necessary to enable an authorised person to transport the person under this chapter to a public sector health service facility for an examination.

(2)The authorised person may apply to a magistrate for a warrant for apprehension of the person.

(3)The authorised person must prepare a written application that states 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 the authorised person gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.

Example—

The magistrate may require additional information supporting the application to be given by statutory declaration.

s 157Q ins 2016 No. 5s 921 (amd 2017 No. 3s 52(32))

157RIssue of warrant

(1)A magistrate may issue the warrant for apprehension of the person if the magistrate is satisfied the warrant is necessary to enable an authorised person to transport the person to a public sector health service facility for an examination.

(2)The warrant authorises an authorised person—

(a)to enter any 1 or more places the authorised person reasonably believes the person is; and

(b)to search the places to find the person; and

(c)to remain in the places for as long as the authorised person considers it reasonably necessary to find the person; and

(d)to transport the person to a stated public sector health service facility.

Note—

For a police officer’s entry and search powers, see the Police Powers and Responsibilities Act 2000, section 21. Also, for the use of force by a police officer, see the Police Powers and Responsibilities Act 2000, section 615.

(3)The warrant must state—

(a)the person to whom the warrant applies; and

(b)that an authorised person may, with necessary and reasonable help and force, exercise—

(i)the powers under the warrant mentioned in subsection (2); and

(ii)the powers mentioned in part 4; and

(c)the hours of the day or night when a place mentioned in subsection (2)(a) may be entered; and

(d)the magistrate’s name; and

(e)the day and time of the warrant’s issue; and

(f)the day, within 7 days after the warrant’s issue, the warrant ends.

(4)An authorised person may exercise powers under the warrant with the help, and using the force, that is reasonable in the circumstances.

s 157R ins 2016 No. 5s 921 (amd 2017 No. 3s 52(33)–(34))

157SElectronic application

(1)An application under section 157Q may be made by phone, fax, email, radio, videoconferencing or another form of electronic communication if the authorised person reasonably considers it necessary because of—

(a)urgent circumstances; or

(b)other special circumstances, including, for example, the authorised person’s remote location.

(2)The application—

(a)may not be made before the authorised person prepares the written application under section 157Q(3); but

(b)may be made before the written application is sworn.

s 157S ins 2016 No. 5s 921

157TAdditional procedure if electronic application

(1)For an application made under section 157S, the magistrate may issue the warrant for apprehension of the person (the original warrant) only if the magistrate is satisfied—

(a)it was necessary to make the application under section 157S; and

(b)the way the application was made under section 157S was appropriate.

(2)After the magistrate issues the original warrant—

(a)if there is a reasonably practicable way of immediately giving a copy of the warrant to the authorised person, including, for example, by sending a copy by fax or email, the magistrate must immediately give a copy of the warrant to the authorised person; or

(b)otherwise—

(i)the magistrate must tell the authorised person the information mentioned in section 157R(3); and

(ii)the authorised person must complete a form of warrant, including by writing on it the information mentioned in section 157R(3) told to the person by the magistrate.

(3)The copy of the warrant mentioned in subsection (2)(a), or the form of warrant completed under subsection (2)(b) (in either case the duplicate warrant), is a duplicate of, and as effectual as, the original warrant.

(4)The authorised person must, at the first reasonable opportunity, send to the magistrate—

(a)the written application complying with section 157Q(3) and (4); and

(b)if the authorised person completed a form of warrant under subsection (2)(b), the completed form of warrant.

(5)The magistrate must keep the original warrant and, on receiving the documents under subsection (4)—

(a)attach the documents to the original warrant; and

(b)give the original warrant and documents to the clerk of the court of the relevant magistrates court.

(6)Despite subsection (3), if—

(a)an issue arises in a proceeding about whether an exercise of a power was authorised by a warrant issued under this section; and

(b)the original warrant is not produced in evidence;

      the onus of proof is on the person relying on the lawfulness of the exercise of the power to prove a warrant authorised the exercise of the power.

(7)In this section—

relevant magistrates court, in relation to a magistrate, means the Magistrates Court that the magistrate constitutes under the Magistrates Act 1991.

s 157T ins 2016 No. 5s 921

157UDefect in relation to a warrant

(1)A warrant for apprehension of a person is not invalidated by a defect in—

(a)the warrant; or

(b)compliance with this part;

      unless the defect affects the substance of the warrant in a material particular.

(2)In this section—

warrant for apprehension includes a duplicate warrant under section 157T(3).

s 157U ins 2016 No. 5s 921

157VWarrants—entry procedure

(1)This section applies if an authorised person is intending to enter a place under a warrant for apprehension of a person.

(2)Before entering the place, the authorised person must do or make a reasonable attempt to do the following things—

(a)identify himself or herself to a person present at the place who is an occupier of the place;

Note—

See also the Police Powers and Responsibilities Act 2000, section 637.

(b)give the person a copy of the warrant or, if the entry is authorised by a duplicate warrant under section 157T(3), a copy of the duplicate warrant;

(c)tell the person the authorised person is permitted by the warrant to enter and search the place to find the person named in the warrant;

(d)give the person an opportunity to allow the authorised person immediate entry to the place without using force.

(3)However, the authorised person need not comply with subsection (2) if the authorised person reasonably believes immediate entry to the place is required to ensure the effective execution of the warrant is not frustrated.

s 157V ins 2016 No. 5s 921

pt hdg ins 2016 No. 5s 921

157WApplication of pt 6

This part applies to a person who is being detained in a public sector health service facility for an examination under this chapter.

s 157W ins 2016 No. 5s 921 (amd 2017 No. 3s 52(35))

157XDefinitions for pt 6

In this part—

general search, of a person, means a search—

(a)to reveal the contents of the person’s outer garments, general clothes or hand luggage without touching the person or the luggage; or

(b)in which the person may be required to—

(i)open his or her hands or mouth for visual inspection; or

(ii)shake his or her hair vigorously.

harmful thing means anything—

(a)that may be used to—

(i)threaten the security or good order of a public sector 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 service facility, is likely to adversely affect the patient’s treatment or care.

Examples of harmful things—

•a dangerous drug

•alcohol

•medication

•provocative or offensive documents

def harmful thing amd 2017 No. 3s 52(36)

personal search, of a person, means a search in which light pressure is momentarily applied to the person over his or her general 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 by electronic or other means that does not require the person to remove his or her general clothes or to be touched by another person.

Examples of a scanning search—

•using a portable electronic apparatus or another portable apparatus that can be passed over the person

•using an electronic apparatus through which the person is required to pass

search requiring the removal of clothing, of a person, means a search in which the person removes all garments during the course of the search, but in which direct contact is not made with the person.

s 157X ins 2016 No. 5s 921

157YPower to search on belief of possession of harmful thing

(1)This section applies if a doctor or health practitioner believes the person may have possession of a harmful thing.

(2)The doctor or health practitioner may—

(a)carry out a general search, scanning search or personal search of the person; and

(b)if the person in charge of the public sector health service facility gives approval for a search requiring the removal of clothing—carry out a search requiring the removal of clothing; and

(c)carry out a search of the person’s possessions.

(3)The person in charge of the public sector health service facility may give approval under subsection (2)(b) if the person in charge believes that a search requiring the removal of clothing is necessary in the circumstances.

(4)A search under this section may be carried out without the person’s consent.

(5)However, before carrying out a search under this section, the doctor or health practitioner must tell the person the reasons for the search and how it is to be carried out.

(6)A doctor or health practitioner may carry out a search under this section with the help, and using the force, that is necessary and reasonable in the circumstances.

s 157Y ins 2016 No. 5s 921 (amd 2017 No. 3s 52(37)–(38))

157ZRequirements for personal search

(1)A person authorised under section 157Y to carry out a personal search (the searcher) may do any 1 or more of the following in relation to the person being searched—

(a)remove and inspect an outer garment or footwear of the person;

(b)remove and inspect all things from the pockets of the person’s clothing;

(c)touch the clothing worn by the person to the extent necessary to detect things in the person’s possession;

(d)remove and inspect any detected thing.

(2)The searcher may exercise a power under subsection (1)(c) only if—

(a)the searcher is the same gender as the person; and

(b)the search is carried out in a part of a building that ensures the person’s privacy.

(3)The searcher must—

(a)carry out the search in a way that respects the person’s dignity to the greatest possible extent; and

(b)cause as little inconvenience to the person as is practicable in the circumstances.

s 157Z ins 2016 No. 5s 921

157ZARequirements for search requiring the removal of clothing

(1)A search under section 157Y requiring the removal of clothing of a person must be carried out by at least 2 persons authorised to carry out the search, but by no more persons than are reasonably necessary to carry out the search.

(2)Each person carrying out the search (each a searcher) must be of the same gender as the person being searched.

(3)Before carrying out the search, 1 of the searchers must tell the person—

(a)that the person will be required to remove the person’s clothing 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 building that ensures the person’s privacy; and

(b)ensure, to the extent practicable, that the way in which the person is searched causes minimal embarrassment to the person; and

(c)take reasonable care to protect the person’s dignity; and

(d)carry out the search as quickly as reasonably practicable; and

(e)allow the person to dress as soon as the search is finished.

(5)The searcher must, if reasonably practicable, give the person the opportunity to remain partly clothed during the search, including, for example, by allowing the person to dress his or her upper body before being required to remove clothing from the lower part of the body.

(6)If the searcher seizes clothing because of the search, the searcher must ensure the person is left with, or given, reasonably appropriate clothing.

s 157ZA ins 2016 No. 5s 921

157ZBRequirements for search of possessions

(1)A person authorised under section 157Y to carry out a search of a person’s possessions (the searcher) 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 thing under subsection (1) only if the person is present or has been given the opportunity to be present.

(3)Subsection (2) does not apply if the person obstructs the searcher in the exercise of the searcher’s powers.

s 157ZB ins 2016 No. 5s 921

157ZCRecord of search must be made

(1)This section applies if—

(a)a search requiring the removal of clothing is carried out under section 157Y; or

(b)a person seizes anything found during a search under section 157Y.

(2)As soon as practicable after carrying out the search, the person who carried out the search must make a written record of 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)details of anything seized, including the reasons for seizing.

s 157ZC ins 2016 No. 5s 921

157ZDSeizure of harmful thing

(1)A person authorised under section 157Y to carry out a search (the searcher) may seize anything found during the search that the searcher reasonably suspects is—

(a)connected with, or is evidence of, the commission or intended commission of an offence against an Act; or

(b)a harmful thing.

(2)If the searcher believes a seized thing is connected with, or is evidence of, the commission or intended commission of an offence against an Act, the searcher must give it to an authorised 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 the provisions of the Act that relate to the offence.

(4)If the authorised inspector is not reasonably satisfied the thing is evidence of the commission or intended commission of an offence against the Act, the authorised inspector must return it to the searcher who must deal with it under this section.

(5)If the searcher believes a thing seized from a person, or a thing returned under subsection (4), is a harmful thing, the searcher must—

(a)keep it for the person and give it to the person on the person’s discharge from the public sector health service facility; or

(b)give it to someone else if the person is able to give, and has given, agreement to do so; or

(c)if the searcher is satisfied someone else is entitled to possession of the thing—give or send it to the person; or

(d)if the searcher is satisfied it is of negligible value—dispose of it in the way the person in charge of the public sector health service facility believes appropriate.

(6)Regard must be had to a thing’s nature, condition and value in deciding—

(a)whether it is reasonable to make inquiries or efforts; and

(b)if making inquiries or efforts—what inquiries or efforts, including the period over which they are made, are reasonable.

(7)In this section—

authorised inspector, for an Act, means a person who is authorised under the Act to perform inspection and enforcement functions.

seizure provisions, of an Act, means the provisions of the Act relating to the access to, and retention, disposal and forfeiture of, a thing after its seizure under the Act.

s 157ZD ins 2016 No. 5s 921 (amd 2017 No. 3s 52(39)–(40))

157ZEReceipt for seized thing

(1)A person authorised under section 157Y to carry out a search must give a receipt for a thing seized to the person from whom it was seized.

(2)The receipt must describe generally the thing seized and its condition.

s 157ZE ins 2016 No. 5s 921

157ZFAccess to seized thing

(1)This section applies to a thing seized on a search under section 157Y.

(2)Until the thing is forfeited or returned under this part, the searcher must allow its owner to inspect it and, if it is a document, to copy it.

(3)Subsection (1) does not apply if it is impracticable or would be unreasonable to allow the inspection or copying.

s 157ZF ins 2016 No. 5s 921

pt hdg ins 2016 No. 5s 921

157ZGRelationship with Guardianship and Administration Act 2000

This chapter does not affect the operation of the Guardianship and Administration Act 2000, section 63 in relation to providing urgent health care under that Act to a person.

158Definitions for ch 5

In this chapter—

approved provider means—

(a)for education and care provided under the Education and Care Service National Law (Queensland)—see the Education and Care Services National Law (Queensland), section 5(1); or

(b)for regulated education and care provided under the Education and Care Services Act 2013—see the Education and Care Services Act 2013, schedule 1.

def approved provider ins 2011 No. 38s 84(1)

sub 2013 No. 44s 269sch 1pt 2

Australian Immunisation Handbook, for part 2, division 1AA, see section 160A

def Australian Immunisation Handbook ins 2015 No. 24s 4(1)

care and treatment order means an order by a designated medical officer under section 197.

carer ...

def carer om 2013 No. 44s 269sch 1pt 2

centre based service ...

def centre based service om 2013 No. 44s 269sch 1pt 2

chief executive (child safety) means the chief executive of the department in which the Child Protection Act 1999 is administered.

child care service ...

def child care service om 2013 No. 44s 269sch 1pt 2

contagious condition means a contagious medical condition prescribed under a regulation as a contagious condition.

designated medical officer means a doctor appointed as, or who is, a designated medical officer under section 188.

education and care service means an approved education and care service under the Education and Care Services National Law (Queensland).

def education and care service ins 2011 No. 38s 84(1)

educator—

(a)for education and care provided under the Education and Care Services National Law (Queensland)—means an educator under that Law; or

(b)for regulated education and care provided under the Education and Care Services Act 2013—means an educator under that Act.

def educator ins 2011 No. 38s 84(1)

sub 2013 No. 44s 269sch 1pt 2

family day care co-ordinator see the Education and Care Services National Law (Queensland), section 5(1).

def family day care co-ordinator ins 2011 No. 38s 84(1)

family day care service means an approved family day care service under the Education and Care Services National Law (Queensland).

def family day care service ins 2011 No. 38s 84(1)

harm, to a child, means any detrimental effect on the child’s physical, psychological or emotional wellbeing—

(a)that is of a significant nature; and

(b)that has been caused by—

(i)physical, psychological or emotional abuse or neglect; or

(ii)sexual abuse or exploitation.

health service facility means—

(a)a public sector health service facility within the meaning of the Hospital and Health Boards Act 2011; or

(b)a private health facility; or

(c)Mater Misericordiae Public Hospitals.

def health service facility amd 2011 No. 32s 332sch 1pt 2 (amd 2012 No. 9s 47)

home based service ...

def home based service om 2013 No. 44s 269sch 1pt 2

immunisation history statement, for part 2, division 1AA, see section 160A.

def immunisation history statement ins 2015 No. 24s 4(1)

immunisation status “up to date”, for part 2, division 1AA, see section 160A.

def immunisation status “up to date” ins 2015 No. 24s 4(1)

licensee ...

def licensee om 2013 No. 44s 269sch 1pt 2

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)for an education and care service other than a family day care service—an individual mentioned in the Education and Care Services National Law (Queensland), section 162(1)(a) to (c) who, in accordance with that section, is present at the service; or

(ii)for a family day care service—the family day care co-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.

def person in charge amd 2011 No. 38s 84(2)–(3); 2013 No. 44s 269sch 1pt 2

prescribed period, for a contagious condition, see section 160.

professional, for part 3, means a doctor or registered nurse.

QEC approved service see the Education and Care Services Act 2013, schedule 1.

def QEC approved service ins 2013 No. 44s 269sch 1pt 2

recognised immunisation provider ...

def recognised immunisation provider ins 2015 No. 24s 4(1)

om 2016 No. 50s 34(1)

recognised vaccination provider, for part 2, division 1AA, see section 160A.

def recognised vaccination provider ins 2016 No. 50s 34(2)

registered nurse ...

def registered nurse sub 2010 No. 14s 124 sch

om 2016 No. 8s 23

school means a State school or non-State school within the meaning of the Education (General Provisions) Act 2006.

def school sub 2006 No. 39s 512(1)sch 1

amd 2006 No. 39s 512(2)sch 2

teacher means an approved teacher under the Education (Queensland College of Teachers) Act 2005, but does not include the principal of a school.

def teacher amd 2006 No. 25s 241(2)sch 4

vaccinated, in relation to a vaccine preventable condition, means vaccinated in the way prescribed under a regulation.

vaccine preventable condition means a contagious condition, or another medical condition, that is prescribed under a regulation as a vaccine preventable condition.

def vaccine preventable condition amd 2015 No. 24s 4(2)

159Who is a parent

(1)For part 2, a parent of a child is—

(a)the child’s mother, father or someone else having or exercising parental responsibility for the child; or

(b)for a child who is in the custody or guardianship of the chief executive (child safety) under the Child Protection Act 1999, the chief executive (child safety).

(2)For part 3, a parent of a child is the child’s mother, father or someone else, other than the chief executive (child safety), 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 the child;

(b)a parent of a Torres Strait Islander child includes a person who, under Island custom, is regarded as a parent of the child;

(c)a reference in this part to the parents of a child or to 1 of the parents of a child is, if the child has only 1 parent, a reference to the parent.

160What is a prescribed period for a contagious condition

(1)A prescribed period, for a contagious condition, means the period prescribed under subsection (2) or (3) as the prescribed period relating to the condition.

(2)For a contagious condition that is not a vaccine preventable condition, a single prescribed period may be prescribed under a regulation for a child suspected under this chapter of having the condition.

(3)For a vaccine preventable condition, different prescribed periods may be prescribed under a regulation for the following—

(a)a child suspected under this chapter of having the condition;

(b)a child who does not have the condition but who is suspected under this chapter of—

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

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

s 160 amd 2011 No. 41s 52; 2013 No. 44s 269sch 1pt 2

div hdg ins 2015 No. 24s 5

160ADefinitions for div 1AA

In this division—

Australian Immunisation Handbook means the Australian Immunisation Handbook approved as guidelines under the National Health and Medical Research Council Act 1992 (Cwlth), section 14A.

immunisation history statement means—

(a)an immunisation history statement as recorded on the ACI register as defined under the Australian Immunisation Register Act 2015 (Cwlth), section 4; or

(b)a statement about a child’s immunisation history given by a recognised vaccination provider.

def immunisation history statement amd 2016 No. 50s 35(3)–(4)

immunisation status “up to date”, for a child, means the child, for each vaccine preventable condition—

(a)is age appropriately immunised for the condition in accordance with the recommendations stated in the Australian Immunisation Handbook; or

(b)is following an approved immunisation catch-up schedule for the condition developed by a recognised vaccination provider in accordance with the Australian Immunisation Handbook; or

(c)has an exemption for a vaccine for the condition given by a recognised vaccination provider because of a medical contraindication to vaccination.

def immunisation status “up to date” amd 2016 No. 50s 35(5)

recognised immunisation provider ...

def recognised immunisation provider ins 2015 No. 24s 4(1)

om 2016 No. 50s 35(1)

recognised vaccination provider, see the Australian Immunisation Register Act 2015 (Cwlth), section 4.

def recognised vaccination provider ins 2016 No. 50s 35(2)

s 160A ins 2015 No. 24s 5

160BWhen person in charge may exclude child not yet enrolled

(1)A person in charge of an education and care service or QEC approved service may in the circumstances mentioned in subsection (2) do any of the following—

(a)refuse to enrol a child at the service;

(b)refuse to allow a child to attend the service until an immunisation history statement stating that the child has the immunisation status “up to date” is given to a person in charge of the service;

(c)impose a condition on a child’s enrolment or attendance at the service until an immunisation history statement stating that the child has the immunisation status “up to date” 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 intending to enrol the child at the service to give to the person in charge, within a reasonable period after the request is made, an immunisation history statement stating that the child has the immunisation status “up to date”; and

(b)on making the request, the person in charge advises the parent that the person in charge may take any of the actions mentioned in subsection (1) if the parent does not comply with the request; and

(c)a parent of the child either—

(i)refuses to comply with the request; or

(ii)does not comply with the request within a reasonable period after the request is made.

(3)A request under subsection (2)(a) may be made in a form given to the parent for the purpose of applying to enrol the child at the service.

(4)A condition imposed under subsection (1)(c)—

(a)must be relevant to the immunisation status of the child; and

(b)may be a condition that the child’s enrolment at the service will be cancelled if a parent of the child does not give a person in charge of the service an immunisation history statement stating that the child has the immunisation status “up to date”.

s 160B ins 2015 No. 24s 5

160CWhen person in charge may exclude enrolled child

(1)A person in charge of an education and care service or QEC approved service may in the circumstances mentioned in subsection (2) do any of the following—

(a)cancel a child’s enrolment at the service;

(b)refuse to allow a child enrolled at the service to attend the service until an immunisation history statement stating that the child has the immunisation status “up to date” is given to a person in charge of the service;

(c)impose a condition on a child’s enrolment or attendance at the service until an immunisation history statement stating that the child has the immunisation status “up to date” 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 the child to give to the person in charge, within a stated period of at least 4 weeks after the request is made, an immunisation history statement stating that the child has the immunisation status “up to date”; and

(b)the request is made after the child has reached the age stated in the National Immunisation Program Schedule Queensland, for a vaccine preventable condition, at which it is recommended the child be immunised or further immunised against the condition; and

(c)on making the request, the person in charge advises the parent that the person in charge may take any of the actions mentioned in subsection (1) if the parent does not comply with the request; and

(d)a parent of the child does not comply with the request within the stated period for the request.

(3)A condition imposed under subsection (1)(c) must be relevant to the immunisation status of the child.

(4)In this section—

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

s 160C ins 2015 No. 24s 5

160DImmunisation status of children allowed to attend without statement

(1)This section applies if a person in charge of an education and care service or QEC approved service decides—

(a)to enrol a child despite not being given, under section 160B, an immunisation history statement stating that the child has the immunisation status “up to date”; or

(b)to allow a child to attend the service despite not being given, under section 160B or 160C, an immunisation history statement stating that the child has the immunisation status “up to date”.

(2)For each provision of this part, until the day on which an immunisation history statement stating that the child has the immunisation status “up to date” is given to a person in charge of the service, the child is taken not to be vaccinated.

s 160D ins 2015 No. 24s 5

div hdg amd 2011 No. 38s 85; 2013 No. 44s 269sch 1pt 2

161When parent must not send a child to school, education and care service or QEC approved service

(1)This section applies if—

(a)a parent knows or ought reasonably to know that the parent’s child has, or may have, a contagious condition; or

(b)a person in charge of a school, education and care service or QEC approved service has directed the parent to remove the child from, and not to send the child to, the school or service during the prescribed period for the condition, under section 164, 166 or 169.

(2)The parent must not send the child to any school, education and care service or QEC approved service during the prescribed period for the condition.

s 161 amd 2011 No. 38s 86; 2011 No. 41s 53; 2013 No. 44s 269sch 1pt 2

162When teacher or educator must advise person in charge

(1)This section applies if a person who is a teacher or educator reasonably suspects a child attending the person’s school, education and care service or QEC approved service has, or may have, a contagious condition.

(2)The person must advise the person in charge about the person’s suspicion.

s 162 sub 2011 No. 38s 87

amd 2011 No. 41s 54; 2013 No. 44s 269sch 1pt 2

163Person in charge may advise parent about suspicion of contagious condition

(1)This section applies if a person in charge of a school, education and care service or QEC approved service reasonably suspects—

(a)that a child attending the school or service has, or may have, a contagious condition; and

(b)that other children attending the school or service may be at risk of contracting the contagious condition.

(2)The person in charge may advise at least 1 of the child’s parents—

(a)of the suspicion of the person in charge; and

(b)of the parent’s obligation under section 161(1)(a) and (2) not to send the child to the school, education and care service or QEC approved service.

s 163 amd 2011 No. 38s 88; 2011 No. 41s 55; 2013 No. 44s 269sch 1pt 2

164Person in charge may direct parent not to send child to school, education and care service or QEC approved service

(1)This section applies if—

(a)a person in charge of a school, education and care service or QEC approved service has advised a parent under section 163(2) about the parent’s child; and

(b)the child continues to attend the school or service or the parent tells the person in charge that the parent’s child will continue to attend the school or service; and

(c)the person in charge reasonably suspects that the child still has, or may have, the contagious condition and that other children attending the school or service may be at risk of contracting the condition if the 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 care service or QEC approved service as soon as reasonably practicable; and

(b)not to send the child to the school or service during the prescribed period for the condition applying to the child.

(3)However, the person in charge must consult a doctor or another person authorised by the chief executive for advice before taking action under subsection (2).

s 164 amd 2011 No. 38s 89; 2011 No. 41s 56; 2013 No. 44s 269sch 1pt 2

165Person in charge may advise parent of child not vaccinated about suspicion of vaccine preventable condition

(1)This section applies if the person in charge of a school, education and care service or QEC approved service reasonably suspects that a child attending the school or service—

(a)has not been vaccinated for a vaccine preventable condition; and

(b)may be at risk of contracting the condition if the child continues to attend the school or service.

(2)The person in charge may advise at least 1 of the child’s parents of the suspicion.

s 165 amd 2011 No. 38s 90; 2011 No. 41s 57; 2013 No. 44s 269sch 1pt 2

166Person in charge may direct parent not to send child to school, education and care service or QEC approved service

(1)This section applies if—

(a)a person in charge of a school, education and care service or QEC approved service has advised a parent under section 165(2) about the parent’s child; and

(b)the child continues to attend the school or service or the parent tells the person in charge that the parent’s child will continue to attend the school or service; and

(c)the person in charge reasonably suspects that the child will be at risk of contracting the contagious condition if the 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 care service or QEC approved service as soon as reasonably practicable; and

(b)not to send the child to the school or service during the prescribed period for the condition applying to the child.

(3)However, the person in charge must consult a doctor or another person authorised by the chief executive for advice before taking action under subsection (2).

s 166 amd 2011 No. 38s 91; 2013 No. 44s 269sch 1pt 2

167Chief executive may authorise examination of children at school, education and care service or QEC approved service

(1)This section applies if the chief executive—

(a)reasonably suspects that some or all of the children attending a school, education and care service or QEC approved service should be examined by a doctor because a child attending the school or service has, or may have, a contagious condition; and

(b)has consulted the person in charge of the school or service about the examinations.

(2)The chief executive may arrange for a doctor to examine some or all of the children attending the school or service to decide whether the children have, or may have, the condition.

(3)Before the examinations take place the chief executive must give the person in charge of the school or service notice of the following—

(a)the date and time of the examinations;

(b)the contagious condition for which examinations are to be conducted;

(c)the children, or class of children, to be examined;

(d)the name and contact details of the doctor who is to conduct the examinations.

(4)However, a child must not be examined without the consent of a parent of the child.

s 167 amd 2011 No. 38s 92; 2011 No. 41s 58; 2013 No. 44s 269sch 1pt 2

168Chief executive must advise parent about examination

If a child is to be examined under section 167, the chief executive must advise at least 1 of the child’s parents of the following—

(a)the date and time of the examination;

(b)the contagious condition for which the examination is to be conducted;

(c)the name and contact details of the doctor who is to conduct the examination;

(d)that the child’s parents may be present when the child is examined;

(e)that the examination may not be conducted without the consent of the parent;

(f)that the parent may, on or before the date of the examination—

(i)have the child examined by another doctor to decide whether the child has, or may have, the condition; and

(ii)give the person in charge a certificate by the other doctor stating whether or not the child has or may have the condition and, if the child has or may have the condition, whether the prescribed period for the condition has ended;

(g)that the parent may be directed to remove the child from, and not to send the child to, the school or service if—

(i)the child has not been examined—

(A)by the doctor arranged by the chief executive; or

(B)by another doctor chosen by the parent and a certificate 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 to child

(1)This section applies if—

(a)a doctor who examines a child under section 167 attending a school, education and care service or QEC approved service advises the chief executive that—

(i)the child has, or may have, a contagious condition; and

(ii)the prescribed period for the condition has not ended; or

(b)a parent of a child has been advised under section 168 but the child has not been examined—

(i)by the doctor arranged by the chief executive; or

(ii)by another doctor chosen by the parent and a certificate provided by that doctor stating that the child does not have the contagious condition or the prescribed period for the condition has ended; or

(c)the chief executive reasonably suspects that a child attending a school, education and care service or QEC approved service has, or may have, a contagious condition and the prescribed period for the condition has not ended; or

(d)the chief executive reasonably suspects that a child attending a school, education and care service or QEC approved service—

(i)has not been vaccinated for a vaccine preventable condition; and

(ii)will be at risk of contracting the condition if the child continues to attend the school or service.

(2)The chief executive may direct the person in charge of the school, education and care service or QEC approved service to direct the parent of the child to remove the child from, and not to send the child to, the school or service for the prescribed period for the condition.

(3)If directed by the chief executive under subsection (2), the person in charge of the school, education and care service or QEC approved service must comply with the direction, unless the 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)must include the information mentioned in section 170(2).

(5)If it is not practicable to give the direction in writing, the chief executive may give the direction orally but must confirm it in writing as soon as practicable thereafter.

s 169 amd 2011 No. 38s 93; 2011 No. 41s 59; 2013 No. 44s 269sch 1pt 2

170Person in charge must include information in direction

(1)This section applies if a person in charge of a school, education and care service or QEC approved service—

(a)decides to direct a parent under section 164 or 166; or

(b)must direct a parent because of a direction by the chief executive under section 169.

(2)The person in charge must include the following information in the direction—

(a)the suspected contagious condition that led to the direction;

(b)the prescribed period for the condition;

(c)the circumstances in which the child concerned may be readmitted to the school or service.

s 170 amd 2011 No. 38s 94; 2013 No. 44s 269sch 1pt 2

171When person in charge may readmit child before prescribed period ends

(1)Subsection (2) applies if a child is not attending a school, education and care service or QEC approved service because of a direction by the person in charge under section 164 or 166.

(2)The person in charge of the school, education and care service or QEC approved service may readmit the child to the school or service if—

(a)for a child mentioned in section 164, a certificate signed by a doctor is produced to the person in charge stating—

(i)that the child does not have the condition; or

(ii)that the prescribed period for the condition has ended; or

(b)for a child mentioned in section 166, the person in charge is satisfied on reasonable grounds that the child no longer continues to be at risk of contracting the contagious condition.

(3)Subsection (4) applies if a child is not attending a school, education and care service or QEC approved service because of a direction by the person in charge after a direction of the chief executive under section 169.

(4)The person in charge of the school or service may readmit the child 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 a doctor has been given to the person in charge stating—

(i)that the child does not have the condition; or

(ii)that the prescribed period for the condition has ended; or

(b)for a child mentioned in section 169(2)(b), the chief executive is satisfied on reasonable grounds that the child no longer continues to be at risk of contracting the contagious condition.

s 171 amd 2011 No. 38s 95; 2013 No. 44s 269sch 1pt 2

172Chief executive may require details if child suspected of having a contagious condition

(1)This section applies if the chief executive reasonably suspects—

(a)that a child (the first child) attending a school, education and care service or QEC approved service has, or may have, a contagious condition; and

(b)that other children attending the school or service may be at risk of contracting the contagious condition.

(2)The chief executive may require a person in charge of the school, education and care service or QEC approved service to give the chief executive, to the extent it is available to the person in charge—

(a)information about the contact the first child has had with other children attending the school or service; and

(b)the following information for the first child and each other child with whom the first child has had contact—

(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 preventable condition, whether the child has been vaccinated for the condition.

(3)The person in charge of a school, education and care service or QEC approved service must comply with a requirement of the chief executive under subsection (2).

Maximum penalty—50 penalty units.

(4)This section applies despite any other provision of this Act or any provision of another law that deals with confidentiality, including, for example, the Education and Care Services Act 2013, section 130 and the Education (General Provisions) Act 2006, section 426.

s 172 amd 2006 No. 39s 512(1)sch 1; 2011 No. 38s 96; 2011 No. 41s 60; 2013 No. 44s 269sch 1pt 2

173Giving health information held by a health agency

(1)Subsection (2) applies if the chief executive, a person in charge of a school, education and care service or QEC approved service, or another person involved in the administration of this part asks for health information held by a health agency to be provided to the chief executive, person in charge or other person.

(2)A person asked to provide health information held by a health agency under subsection (1) may give the information if the giving of the information is necessary for the administration of this part.

(3)Subsection (4) applies if a person in charge of a school, education and care service or QEC approved service asks for information held by a health agency about whether a child attending a school, education and care service or QEC approved service has been vaccinated for a vaccine preventable condition.

(4)The chief executive must provide the information to the person in charge if the chief executive is satisfied that—

(a)a child attending the school or service is suspected of being at risk of contracting the vaccine preventable condition if the child continues to attend the school or service; and

(b)the information about the child is necessary to enable the person in charge to act under section 165 or 166.

(5)This section applies despite any other provision of this Act or any provision of another law that deals with confidentiality, including, for example, the Hospital and Health Boards Act 2011, section 142.

s 173 amd 2011 No. 38s 97; 2011 No. 32s 332sch 1pt 2 (amd 2012 No. 9s 47); 2011 No. 41s 61; 2013 No. 44s 269sch 1pt 2

174Definitions for div 3

In this division—

confidential information means information that has become known to a relevant person in the course of performing the relevant person’s functions under this part.

information includes a document.

relevant person means the following—

(a)a person who is, or was, the chief executive;

(b)a person who is, or was, involved in the administration or enforcement of this part, including, for example, a health service employee or a public service employee.

175Confidentiality of information

(1)A relevant person must not, whether directly or indirectly, disclose confidential information.

Maximum penalty—50 penalty units.

(2)The Hospital and Health Boards Act 2011, section 142, does not apply to a relevant person in relation to confidential information.

s 175 amd 2011 No. 32s 332sch 1pt 2 (amd 2012 No. 9s 47)

176Disclosure under an Act or another law

Section 175(1) does not apply if the disclosure of the confidential information by a relevant person is authorised under an Act or another law.

177Disclosure under Act or with written consent etc.

Section 175(1) does not apply if the confidential information is 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, with the written consent of a parent of the child; or

(d)to the person to whom the information relates, if the person 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 minimise transmission of a contagious condition

Section 175(1) does not apply if the disclosure of the confidential information by a relevant person is to a person to enable the person to help prevent or minimise the transmission of a contagious condition.

179Protection for persons acting under pt 2

(1)This section applies if a person, acting honestly, gives information or does something else under this part including, for example, directing a parent to remove a child from a school, education and care service or QEC approved service.

(1A)This section also applies if a person in charge of an education and care service or QEC approved service, acting honestly, 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, the service in the circumstances mentioned in section 160D(1).

(2)The person is not liable, civilly, criminally or under an administrative process, for doing the thing.

(3)Without limiting subsection (2), if the thing involves giving information—

(a)in a proceeding for defamation the person has a defence of absolute privilege for publishing the information; and

(b)if the person would otherwise be required to maintain confidentiality about the information given under an Act, oath, rule of law or practice, the person—

(i)does not contravene the Act, oath, rule of law or practice by giving the information; and

(ii)is not liable to disciplinary action for giving the information.

(4)Also, merely because the person gives the information, the person can not be held to have—

(a)breached any code of professional etiquette or ethics; or

(b)departed from accepted standards of professional conduct.

(5)This section does not limit sections 175 to 178.

s 179 amd 2011 No. 38s 98; 2013 No. 44s 269sch 1pt 2; 2015 No. 24s 6

180Directions to person in charge of school, education and care 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 service or QEC approved service if the chief executive is satisfied there 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 staff at the school or service contracting the condition.

(2)However, the chief executive must not give a direction without first consulting with the person in charge of the school or service and with—

(a)for a direction to be given to the person in charge of a school—the chief executive of the department that administers the Education (General Provisions) Act 2006 and the Education (Accreditation of Non-State Schools) Act 2017; or

(b)for a direction to be given to the person in charge of an education and care service—the chief executive of the department that administers the Education and Care Services National Law (Queensland); or

(c)for a direction to be given to the person in charge of a QEC approved service—the chief executive of the department that administers the Education and Care Services Act 2013.

(3)A direction must be in writing and state ways of minimising the risk of contracting the contagious condition by children and staff at the school or service including, for example, by—

(a)preventing the sharing of eating utensils, drinking cups, bed linen and clothing; or

(b)requiring that eating utensils, drinking cups, bed linen, toys or other equipment be disinfected; or

(c)requiring that stated procedures for cleaning and disinfecting be followed; or

(d)requiring the person in charge to give information to staff, children or parents about the contagious condition including about the way it may be treated and measures to prevent its spread.

(4)The person in charge of the school or service must comply with a direction by the chief executive.

Maximum penalty for subsection (4)—50 penalty units.

s 180 amd 2006 No. 39s 512(1)sch 1; 2011 No. 38s 99; 2011 No. 41s 62; 2013 No. 44s 269 sch 1pt 2; 2017 No. 24s 251

181Temporary closure of school, education and care service or QEC approved service

(1)The Minister may, by notice given to the person in charge of a school, education and care service or QEC approved service, order the closure of the school or service for a period of not more 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 of children and staff at the school or service contracting the condition; and

(b)methods of controlling the outbreak will not be effective without the temporary closure of the school or service.

(2)However, the Minister must not close a school or service without first consulting—

(a)if the closure relates to a school—the Minister who administers the Education (General Provisions) Act 2006 and the Education (Accreditation of Non-State Schools) Act 2017; or

(b)if the closure relates to an education and care service—the Minister who administers the Education and Care Services National Law (Queensland); or

(c)if the closure relates to a QEC approved service—the Minister who administers the Education and Care Services Act 2013.

(3)The person in charge of the school or service must comply with the Minister’s order.

Maximum penalty for subsection (3)—100 penalty units.

s 181 amd 2006 No. 39s 512(1)sch 1; 2011 No. 38s 100; 2011 No. 41s 63; 2013 No. 44s 269 sch 1pt 2; 2017 No. 24s 252

div hdg sub 2009 No. 24s 1226

amd 2013 No. 44s 269sch 1pt 2

182Review of Minister’s order to close school, education and care service or QEC approved service

A person ordered by the Minister to close a school, education and care service or QEC approved service may apply, as provided under the QCAT Act, to QCAT for a review of the order.

s 182 sub 2009 No. 24s 1226

amd 2011 No. 38s 101; 2013 No. 44s 269sch 1pt 2

div hdg amd 2011 No. 38s 102; 2013 No. 44s 269sch 1pt 2

184AApproved provider must ensure person in charge complies with pt 2

(1)An approved provider of an education and care service or QEC approved service must ensure that the person in charge of the service complies with this part.

(2)If a person in charge of the education and care service or QEC approved service commits an offence against a provision of this part, the approved provider also commits an offence, namely, the offence of failing to ensure that the person in charge complies with the provision.

Maximum penalty—

(a)if the approved provider is an individual—the penalty for the contravention of the provision by the person in charge; or

(b)if the approved provider is a corporation—a penalty equal to 5 times the amount of the penalty under paragraph (a).

(3)Evidence that the person in charge has been convicted of an offence against a provision of this part is evidence that the approved provider committed the offence of failing to ensure that the person in charge complies with the provision.

(4)However, it is a defence for a approved provider to prove the approved provider exercised reasonable diligence to ensure the person in charge complied with the provision.

s 184A ins 2011 No. 38s 103

amd 2013 No. 44s 269sch 1pt 2

185Guiding principles for pt 3

(1)This part is to be administered under the principle that the welfare and best interests of a child are paramount.

(2)Subject to subsection (1), this part is to be administered under the following principles—

(a)every child has a right to protection from harm;

(b)families have the primary responsibility for the physical, psychological and emotional wellbeing of their children;

(c)the preferred way of ensuring a child’s wellbeing is through the support of the child’s family;

(d)powers conferred under this part should be exercised in a way that is open, fair and respects the rights of people affected by their exercise, and, in particular, in a way that ensures—

(i)the views of a child and the child’s family are considered; and

(ii)a child and the child’s parents have the opportunity to take part in making decisions affecting the wellbeing of the child;

(e)a child should be kept informed of matters affecting him or her in a way and to an extent that is appropriate, having regard to the child’s age and ability to understand.

186Relationship with Child Protection Act 1999

(1)If there is in force, for a child, both an order under the Child Protection Act 1999 and a care and treatment order or an extension of the care and treatment order, the order under the Child Protection Act 1999 prevails to the extent of any inconsistency.

(2)The Child Protection Act 1999 imposes an obligation on professionals about reporting suspected child harm caused by physical or sexual abuse and includes related provisions about protection from liability for giving information and protecting the identity of persons notifying harm.

Note—

See the Child Protection Act 1999, chapter 2, part 1AA, division 2 and sections 186 and 197A.

s 186 amd 2014 No. 28s 102

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

(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 to another under this part.

(2)The person in charge of the health service facility at which the child 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 the child’s daily care.

(3)Subsection (4) applies to a child being transferred from one health service facility (the first facility) to another health service facility (the second facility) under this part.

(4)The child is taken to be held at the first facility until the child is accepted by the second facility after which the child is taken to be held at the second facility.

188Appointment

(1)The person in charge of a health service facility may, by written instrument, appoint a doctor to be a designated medical officer.

(2)However, a doctor may be appointed as a designated medical officer only if, in the opinion of the person in charge of the health service facility, the doctor has the necessary expertise or experience to be a designated medical officer.

189When person in charge taken to be a designated medical officer

If the person in charge of a health service facility is a doctor, the person is taken to be a designated medical officer while the person is in charge of the facility.

190Powers

(1)A designated medical officer has the powers given under this part.

(2)Subsection (1) has effect subject to any limitation stated in the designated medical officer’s instrument of appointment.

197Designated medical officer may make care and treatment order for child

(1)This section applies if a designated medical officer becomes aware, or reasonably suspects, that a child at a health service facility—

(a)has been harmed or is at risk of harm; and

(b)is likely to leave or be taken from the facility and suffer harm if the designated medical officer does not take immediate action.

(2)The designated medical officer may order that the child be held at the facility (a care and treatment order).

(3)The designated medical officer must immediately make a written record of the care and treatment order that includes the following—

(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.

(4)The designated medical officer must explain to the child in general terms the purpose and effect of the order.

Note—

See also section 460(5) (Compliance with provisions about explaining and giving documents).

198Designated medical officer must notify person in charge of facility where child held

(1)This section applies if a designated medical officer has ordered that a child be held at a health service facility.

(2)The designated medical officer must give the person in charge of the facility notice of the order as soon as practicable after the child is held.

(3)Subsection (2) does not apply if the designated medical officer and the person in charge are the same person.

(4)The notice must include the following—

(a)details of the harm or risk of harm of which the designated medical officer is aware or suspected by the designated medical officer;

(b)the time that is 48 hours from the time the order is made when the order ends;

(c)the name, address and telephone number of the designated medical officer; and

(ca)if a professional has given a report under the Child Protection Act 1999, chapter 2, part 1AA, division 2—the name, address and telephone number of the professional, to the extent the designated medical officer has those details; and

(d)to the extent it can reasonably be obtained—

(i)the child’s name, date of birth and residential address or another address at which the child may live; and

(ii)the name and residential address of the parents of the child or another address at which the parents may be contacted.

s 198 amd 2014 No. 28s 104

199Designated medical officer must advise chief executive (child safety)

(1)This section applies if a designated medical officer has ordered 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 after the order is made.

(3)The notice must include the same information as that required for the notice under section 198(4).

200Designated medical officer must advise parents of child held

(1)As soon as practicable after making a care and treatment order for a child, the designated medical officer must—

(a)tell at least 1 of the child’s parents about the order including the matters contained in the written record of the order; and

(b)tell the parent that it is an offence to remove the child from the health service facility while the order is in force; and

(c)if asked by the parent, give the parent a copy of the written record of the order; and

(d)tell the parent that the parent may choose to have the child examined by a doctor chosen by the parent.

(2)However, the designated medical officer need not comply with subsection (1) if the officer reasonably believes—

(a)someone may be charged with a criminal offence for harm to the child and the officer’s compliance with the subsection may jeopardise an investigation into the offence; or

(b)compliance with the subsection may expose the child to harm.

201Designated medical officer may extend care and treatment order

(1)This section applies if a designated medical officer considers that a care and treatment order for a child should be extended.

(2)The designated medical officer may extend the order within 48 hours after the order was first made to a time that is not more than 96 hours after the order was first made.

(3)The designated medical officer may not extend the order unless the designated medical officer consults with another designated medical officer and the other designated medical officer agrees that the order should be extended.

(4)The designated medical officer extending the order must make a written record of the extension of the care and treatment order that includes the following—

(a)the designated medical officer’s name, address and telephone number;

(b)the reasons for the extension of the order;

(c)the name, address and telephone number of the designated medical officer consulted by the designated medical officer extending the order;

(d)a statement that the designated medical officer consulted agreed that the order should be extended;

(e)the time to which the order is extended.

(5)To remove any doubt, it is declared that the designated medical officer who extends the order need not be the designated medical officer who gave the order.

202Designated medical officer must notify person in charge of facility about extension of order

(1)This section applies if a care and treatment order for a child has been extended.

(2)The designated medical officer extending the order must advise the person in charge of the health service facility at which the child is held about the extension of the order and must include the information mentioned in section 201(4).

(3)Subsection (2) does not apply if the designated medical officer 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 child has been extended.

(2)The designated medical officer extending the order must advise the chief executive (child safety) about the extension of the order and must include the information mentioned in section 201(4).

204Designated medical officer must advise child’s parents about extension of order

(1)This section applies if a care and treatment order for a child has been extended by a designated medical officer.

(2)The designated medical officer extending the order must—

(a)advise the child’s parents about the extension of the order including the following—

(i)the reasons for the extension;

(ii)the time when the order ends; and

(b)if asked by the parent, give the parent a copy of the reasons for the extension of the order.

(3)However, the designated medical officer need not comply with subsection (2) if the officer reasonably believes—

(a)someone may be charged with a criminal offence for harm to the child and the officer’s compliance with the subsection may jeopardise an investigation into the offence; or

(b)compliance with the subsection may expose the child to harm.