Public Health Act 1997

This Act is the Public Health Act 1997.

The dictionary at the end of this Act is part of this Act.

Note 1 The dictionary at the end of this Act defines certain words and expressions used in this Act, and includes references (signpost definitions) to other words and expressions defined elsewhere in this Act.

For example, the signpost definition ‘notified suspension or cancellation, of registration—see section 56P (1).’ means that the expression ‘notified suspension or cancellation’ is defined in section 56P (1).

Note 2 A definition in the dictionary applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

A note included in this Act is explanatory and is not part of this Act.

Note See Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

This Act must be construed and administered in accordance with the following objectives:

the protection of the public from public health risks including those associated with facilities, equipment, products and activities not adequately controlled by another law of the Territory or a law of the Commonwealth;

through the monitoring of health indicators, to provide the public with information about the health of the population and to design and implement appropriate policies and programs for the maintenance and improvement of the population’s health;

the provision of a rapid response to public health risks;

the exercise of functions under this Act in a professional and responsible way;

the avoidance of any undue infringement of individual liberty and privacy in the exercise of functions under this Act.

This Act must be construed and administered in a way that is consistent with a health law or an environment law unless the contrary intention appears from this Act or that law.

This Act must be taken to be consistent with a health law or an environment law to the extent that it is capable of operating concurrently with that law.

Without limiting subsection (2)—

a function under the Food Act 2001 may be exercised independently of, in conjunction with, or instead of, a function under this Act; and

a function under this Act may be exercised independently of, in conjunction with, or instead of, a function under the Food Act 2001.

Examples of s (3)

1 The issue of an abatement notice under this Act in relation to unfit food premises instead of an improvement notice under the Food Act 2001.

2 For food handled by a person with a highly contagious serious disease, a public health emergency could be declared under this Act and directions given to isolate affected people and require them to undergo a medical examination and the food could be recalled under the Food Act 2001, pt 4 (Emergency powers).

In this section:

environment law means a law of the Territory that has as 1 of its objects or purposes the protection of the environment.

health law means—

a law of the Territory that has as 1 of its objects or purposes the protection of public health; or

the Food Act 2001; or

the Medicines, Poisons and Therapeutic Goods Act 2008.

Other legislation applies in relation to offences against this Act.

Note 1 Criminal Code

The Criminal Code, ch 2 applies to the following offences against this Act (see Code, pt 2.1):

 s 67 (Offence—insanitary conditions)

 s 102A (Doctors and nurse practitioners—failure to notify)

 s 111 (Disclosure of information that identifies doctor etc).

The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

Note 2 Penalty units

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

Part 2 Statutory offices

The Minister must appoint a person to be the chief health officer.

Note For the making of appointments generally, see Legislation Act, pt 19.3.

The chief health officer must be a public servant and a doctor.

An appointment under subsection (1) is a disallowable instrument.

The Minister may suspend the chief health officer from duty on grounds of misbehaviour or physical or mental incapacity, being grounds the particulars of which are stated in the suspension.

A suspension is a disallowable instrument.

Following the suspension of the chief health officer, the Minister may, in writing, revoke the appointment of the chief health officer if—

after the last day when the suspension could have been disallowed under the Legislation Act 2001, the suspension has not been disallowed; and

the Minister is satisfied that the grounds for suspension stated in the suspension still exist.

The director‑general may appoint a person to act as the chief health officer—

during any vacancy or all vacancies in the position of chief health officer; or

during any period, or all periods, when the chief health officer cannot for any reason exercise the functions of the position.

Note For the making of acting appointments generally, see Legislation Act, div 19.3.2.

An acting chief health officer must be a doctor.

The Legislation Act 2001, section 209 (Power of appointment includes power to make acting appointment) does not apply to the position of chief health officer.

The functions of the chief health officer are as follows:

to develop and implement strategies to promote and protect public health;

to ensure that the following Acts are complied with:

this Act;

the Food Act 2001;

the Medicines, Poisons and Therapeutic Goods Act 2008;

the Radiation Protection Act 2006;

Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).

to advise the Minister about proposed legislative or administrative changes related to public health and the safety and suitability of food for human consumption;

to carry out any other functions decided, in writing, by the Minister for an Act mentioned in paragraph (b).

The chief health officer may also exercise any other function given to the chief health officer by another territory law.

The chief health officer must prepare a written report every 2 years about public health indicators in the Territory in respect of the following matters:

trends and indicators in health status;

potential public health risks;

morbidity and mortality;

notifiable conditions;

health promotion activities;

harm minimisation activities;

access and equity indicators relevant to health;

social indicators relevant to health;

health services performance against minimum standards of care;

intersectoral activities relevant to health;

any other matter considered appropriate by the chief health officer.

A report must be given to the Minister within 3 months after it is prepared.

The Minister must present a report to the Legislative Assembly within 6 sitting days after the day the Minister receives it.

The chief health officer may delegate a function under any of the following Acts to a person:

this Act;

the Drugs of Dependence Act 1989;

the Food Act 2001;

the Medicines, Poisons and Therapeutic Goods Act 2008;

the Radiation Protection Act 2006.

Note For the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.

The director‑general may appoint a person to be a public health officer.

Note 1 For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.

Note 2 In particular, a person may be appointed for a particular provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207).