Public Health Act 1997

The Minister may determine codes of practice setting out minimum standards or guidelines for the purposes of this Act.

In particular, the Minister may determine a code of practice setting out guidelines for the chief health officer in dealing with insanitary conditions caused by hoarding or domestic squalor (a hoarding code of practice).

In determining a hoarding code of practice, the Minister must have regard to—

the objectives of this Act in section 4; and

minimising the impact of insanitary conditions, and measures dealing with insanitary conditions, on the health and well being of people affected by the insanitary conditions, including people whose hoarding or domestic squalor caused the insanitary conditions.

Without limiting what a hoarding code of practice may include, it must include guidelines about the following:

the regular review of the circumstances of a person in relation to whom an abatement notice has been issued, or an abatement order has been made, as a consequence of an insanitary condition caused by the person’s hoarding or domestic squalor;

the establishment of a group comprising representatives from government agencies and support services to advise the chief health officer in relation to the management of insanitary conditions caused by hoarding or domestic squalor;

the circumstances in which a person whose hoarding or domestic squalor has caused an insanitary condition should be referred to a government agency or support service;

the least restrictive means reasonably available to the chief health officer for dealing with insanitary conditions caused by hoarding or domestic squalor.

A determination may apply, adopt or incorporate an instrument as in force from time to time.

The text of an applied, adopted or incorporated law or instrument, whether applied as in force from time to time or as at a particular time, is taken to be a notifiable instrument if the operation of the Legislation Act, s 47 (5) or (6) is not disapplied (see s 47 (7)).

A reference to an instrument includes a reference to a provision of an instrument (see Legislation Act, s 14 (2)).

A code of practice determined under subsection (1) is a disallowable instrument.