1Short title
This Act is the Australian Centre for Disease Control Act 2025.
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Bill homepage (APH)This Act is the Australian Centre for Disease Control Act 2025.
Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information | ||
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Column 1 | Column 2 | Column 3 |
Provisions | Commencement | Date/Details |
1. The whole of this Act | 1 January 2026. | 1 January 2026 |
This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
This Act establishes:
the Australian Centre for Disease Control; and
the office of the Director‑General of the Australian Centre for Disease Control; and
the Advisory Council of the Australian Centre for Disease Control.
The Director‑General has a range of functions relating to public health, including:
providing advice to Ministers and government bodies on public health matters; and
providing advice to, and consulting with, international bodies on public health matters; and
gathering and analysing information relating to public health matters; and
providing information to prescribed public health entities; and
providing advice to, and consulting with, various other bodies on public health matters; and
developing, publishing and promoting standards, guidelines, public communications, reports and other material on public health matters; and
functions under other Acts, including the Biosecurity Act 2015, the National Health Security Act 2007 and the National Occupational Respiratory Disease Registry Act 2023.
The Advisory Council’s function is to advise the Director‑General on public health matters and other matters.
The Centre’s functions are to assist the Director‑General and the Advisory Council.
Part 4 of this Act contains provisions about information, including powers for the Director‑General and others to collect, use and disclose information. Generally, information may be collected, used and disclosed for the purposes of this Act despite other laws that would otherwise prevent this.
Part 4 also contains prohibitions on unauthorised use or disclosure of information.
Part 5 contains provisions about enforcement.
Part 6 contains miscellaneous provisions.
This Act extends to the external Territories.
In this Act:
Aboriginal person has the same meaning as in the Aboriginal and Torres Strait Islander Act 2005.
Advisory Council means the Advisory Council of the Australian Centre for Disease Control established by section 26.
Advisory Council member: see subsection 28(1).
Agriculture Department means the Department administered by the Agriculture Minister.
Agriculture Minister means the Minister administering the Primary Industries Levies and Charges Collection Act 2024.
appointed member means an Advisory Council member appointed by the Minister under subsection 30(1).
Australian government entity means:
a Commonwealth entity; or
a State or Territory government entity.
Centre means the Australian Centre for Disease Control established by section 7.
civil penalty provision has the same meaning as in the Regulatory Powers Act.
Commonwealth entity has the same meaning as in the Public Governance, Performance and Accountability Act 2013.
data service has the same meaning as in the Data Availability and Transparency Act 2022.
data sharing declaration means a declaration made under subsection 67(1).
designated data service provider: see section 42.
designated secrecy law means the following:
the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006;
the Australian Crime Commission Act 2002;
the Australian Federal Police Act 1979;
the Australian Security Intelligence Organisation Act 1979;
the Defence Act 1903;
the Intelligence Services Act 2001;
the National Security Information (Criminal and Civil Proceedings) Act 2004;
the Office of National Intelligence Act 2018;
any other law, or provision of a law, of the Commonwealth, a State or a Territory that is prescribed by the rules.
Director‑General means the Director‑General of the Australian Centre for Disease Control appointed by the Minister under section 10.
disability has the same meaning as in the Disability Discrimination Act 1992.
enactment means:
an Act of the Commonwealth, a State or a Territory; or
an instrument (including rules, regulations and by‑laws) made under an Act of the Commonwealth, a State or a Territory.
entrusted person means any of the following:
the Minister;
the Director‑General;
any other Advisory Council member;
an APS employee in the Centre;
a member of an advisory board established by the Director‑General under subsection 24(1) of the Public Governance, Performance and Accountability Act 2013;
an APS employee in the Department;
a person employed or engaged by the Commonwealth to provide services to the Commonwealth in connection with the Department;
a person who is employed or engaged by a designated data service provider that has been engaged to provide data services to the Director‑General, and who is performing duties related to the provision of those services;
a person engaged to assist the Centre.
exempt material: a document or other material is exempt material if:
the document or material is an exempt document under any of the following provisions of the Freedom of Information Act 1982 (or would be such an exempt document if it were a document that was proposed to be released under that Act):
section 33 (documents affecting national security, defence or international relations);
section 34 (Cabinet documents);
section 37 (documents affecting enforcement of law and protection of public safety);
section 38 (documents to which secrecy provisions of enactments apply), disregarding subsections (1A) to (3A) of that section;
section 42 (documents subject to legal professional privilege);
section 45 (documents containing material obtained in confidence), disregarding subsection (2) of that section;
section 46 (documents disclosure of which would be contempt of Parliament or contempt of court);
section 47 (documents disclosing trade secrets or commercially valuable information), disregarding subsections (2) and (3) of that section; or
there is a risk that publishing the document or material could cause:
physical harm, or threats of physical harm; or
social stigma; or
bullying; or
vilification; or
other harm (other than commercial or economic harm);
to an individual or group, and it is unreasonable to take that risk; or
publishing the document or material would infringe copyright (other than a copyright owned by the Commonwealth or a State or Territory), disregarding Division 2 of Part VII of the Copyright Act 1968.
foreign government body means:
the government of a foreign country or of part of a foreign country; or
an authority of the government of a foreign country; or
an authority of the government of part of a foreign country; or
a foreign local government body or foreign regional government body; or
a foreign public enterprise.
international organisation means any of the following:
a public international organisation;
a foreign government body;
an international partnership;
an organisation or body prescribed by the rules for the purposes of this paragraph.
international partnership means an organisation:
of which 2 or more countries, or the governments of 2 or more countries, are members; and
that also has members that are any of the following:
civil society organisations;
companies;
individuals;
other kinds of entities not mentioned in paragraph (a) or in subparagraph (i) to (iii) of this paragraph.
paid work means work for financial gain or reward (whether as an employee, a self‑employed person or otherwise).
personal information has the same meaning as in the Privacy Act 1988.
person engaged to assist the Centre means a person (other than the Director‑General, a member of the Advisory Council, a member of an advisory board established by the Director‑General under subsection 24(1) of the Public Governance, Performance and Accountability Act 2013 or an APS employee in the Centre) who is:
employed or engaged by the Commonwealth to provide services to the Commonwealth in connection with the Centre; or
employed or engaged (however described) by a person described in paragraph (a) to provide services in connection with the services mentioned in that paragraph.
prescribed public health activity: see section 40.
prescribed public health entity means an entity specified by the Director‑General under subsection 41(1).
protected information means relevant information that:
is personal information about any person (including a deceased person); or
is information (including commercially sensitive information) the disclosure of which could reasonably be expected to found an action by an entity (other than the Commonwealth) for breach of a duty of confidence.
public health matters includes the following:
health emergency management;
health security;
health protection;
health promotion;
preventative health;
disease control;
environmental health;
the health effects of climate change.
public international organisation means:
an organisation:
of which 2 or more countries, or the governments of 2 or more countries, are members; or
that is constituted by persons representing 2 or more countries, or representing the governments of 2 or more countries; or
an organisation established by, or a group of organisations constituted by:
organisations of which 2 or more countries, or the governments of 2 or more countries, are members; or
organisations that are constituted by the representatives of 2 or more countries, or the governments of 2 or more countries; or
an organisation that is:
an organ of, or office within, an organisation described in paragraph (a) or (b); or
a commission, council or other body established by an organisation so described or such an organ; or
a committee, or subcommittee of a committee, of an organisation described in paragraph (a) or (b), or of such an organ, council or body.
Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014.
relevant information means:
information obtained or generated by a person in the course of or for the purposes of:
performing functions or duties, or exercising powers, under this Act; or
assisting another person to perform functions or duties, or exercise powers, under this Act; and
information obtained or generated by the Director‑General, a member of the Advisory Council, a member of an advisory board established by the Director‑General under subsection 24(1) of the Public Governance, Performance and Accountability Act 2013 or an APS employee in the Centre in the course of or for the purposes of:
performing functions or duties, or exercising powers, under the Biosecurity Act 2015, the National Health Security Act 2007 or the National Occupational Respiratory Disease Registry Act 2023; or
assisting another person to perform functions or duties, or exercise powers, under an Act mentioned in subparagraph (i); and
information obtained or generated by:
the Minister in the course of, or for the purposes of, performing functions or duties or exercising powers under the National Health Security Act 2007 or the National Occupational Respiratory Disease Registry Act 2023; or
a person assisting the Minister to perform functions or duties, or exercise powers, under an Act mentioned in subparagraph (i); and
information obtained or generated by an APS employee in the Department, or a person otherwise employed or engaged by the Commonwealth to provide services to the Commonwealth in connection with the Department, in the course of or for the purposes of:
providing services to the Centre; or
assisting the National Focal Point (within the meaning of the National Health Security Act 2007) to perform its functions and duties or exercise its powers; or
otherwise assisting the Director‑General to perform any of the Director‑General’s functions or duties, or exercise any of the Director‑General’s powers, under the National Health Security Act 2007; and
information obtained or generated by a person engaged to assist the Centre in the course of, or for the purposes of, assisting another person to perform functions or duties, or exercise powers, under the Biosecurity Act 2015, the National Health Security Act 2007 or the National Occupational Respiratory Disease Registry Act 2023; and
information obtained or generated by a designated data service provider, or by a person employed or engaged by a designated data service provider, where the information is obtained or generated:
as a result of a request or agreement under subsection 43(1), or a direction under subsection 45(1); or
in the course of providing data services to the Director‑General; and
information obtained or generated by a person employed or engaged by a prescribed public health entity as a result of a disclosure under section 65 or a use or disclosure under section 66.
rules means rules made by the Minister under section 80.
State or Territory government entity means:
a Department of a State or Territory; or
a body (whether incorporated or not) established for a public purpose by or under a law of a State or Territory; or
an official of a State or Territory, or of an entity mentioned in paragraph (a) or (b).
Torres Strait Islander has the same meaning as in the Aboriginal and Torres Strait Islander Act 2005.
use, in relation to information, includes make a record of.
This Part establishes the Australian Centre for Disease Control and provides for administrative arrangements.
Division 3 establishes the office of the Director‑General of the Australian Centre for Disease Control and confers functions and powers relating to public health matters on the Director‑General.
Division 4 provides for the Centre to engage staff and consultants.
Divisions 5 and 6 contain transparency requirements. Division 5 requires the Director‑General to publish public health advice given in the performance of the Director‑General’s functions, with some exceptions. Division 6 requires the Director‑General to publish a register of agreements under which the Centre receives information or advice relating to public health matters.
The Australian Centre for Disease Control is established by this section.
Application of the finance law
For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013):
the Australian Centre for Disease Control is a listed entity; and
the Director‑General is the accountable authority of the Centre; and
the following persons are officials of the Centre:
the Director‑General;
the staff referred to in section 18; and
the purposes of the Centre include:
the functions of the Centre referred to in section 9; and
the functions of the Director‑General referred to in section 11.
The Centre consists of:
the Director‑General; and
the staff of the Centre.
The Centre has the following functions:
to assist the Director‑General in the performance of the Director‑General’s functions and duties and the exercise of the Director‑General’s powers under:
this Act; and
the Biosecurity Act 2015; and
the National Health Security Act 2007; and
the National Occupational Respiratory Disease Registry Act 2023;
to assist the Advisory Council in the performance of the Advisory Council’s functions.
The assistance that may be provided under paragraph (1)(b) includes the making available of resources and facilities (including secretariat services and clerical assistance).
There is to be a Director‑General of the Australian Centre for Disease Control.
Appointment by Minister
The Director‑General is to be appointed by the Minister, by written instrument.
The Minister must not appoint a person as the Director‑General unless satisfied that the person has appropriate expertise, qualifications or experience in public health matters.
Period of appointment
The Director‑General holds office for a period of 5 years unless a shorter period is specified in the instrument of appointment.
The Director‑General may be reappointed: see section 33AA of the Acts Interpretation Act 1901.
The Director‑General has the following functions:
providing advice on public health matters to the Minister at the request of the Minister or on the Director‑General’s own initiative;
providing advice on public health matters to another Minister:
at the request of the Minister, or the other Minister; or
on the Director‑General’s own initiative;
providing advice to, and consulting with, Commonwealth entities on public health matters;
providing advice to, and consulting with, State or Territory government entities on public health matters;
providing advice to, and consulting with, international organisations on public health matters;
gathering and analysing information relating to public health matters;
providing information gathered as mentioned in paragraph (f), and information produced as a result of the analysis mentioned in that paragraph, to prescribed public health entities to assist those entities to carry out prescribed public health activities;
providing advice to, and consulting with, any of the following on public health matters:
bodies representing health care professionals;
bodies representing public health professionals;
bodies representing the interests of consumers of health care;
bodies representing the interests of people with particular diseases;
bodies whose objects include the prevention or management of particular diseases;
bodies representing Aboriginal persons or Torres Strait Islanders (or both);
bodies known as Aboriginal and/or Torres Strait Islander Community‑Controlled Organisations;
bodies whose objects include the prevention and management of occupational exposures and injuries;
bodies whose objects include the prevention and control of infection;
bodies representing people with disability;
bodies whose objects include research into, and the management of, the health needs of people with disability;
bodies representing the interests of particular groups of people in relation to public health matters;
any other person or body that the Director‑General thinks appropriate;
developing, publishing and promoting:
specialised statistical standards and classifications relevant to public health matters; and
guidelines and statements on public health matters; and
public communications and advice on public health matters; and
reports, information and papers on public health matters;
conducting, promoting, and supporting community awareness initiatives and educational campaigns on public health matters;
promoting research in relation to public health matters, including by:
developing and maintaining close relationships with key public health research entities; and
providing advice to research funding entities on research priorities for public health matters;
promoting public health workforce expertise;
any other functions relating to public health matters that are set out in the rules;
any other functions conferred on the Director‑General by another law of the Commonwealth;
to do anything incidental or conducive to the performance of any of the Director‑General’s other functions.
It is the intention of the Parliament that the Director‑General, in performing the Director‑General’s functions under paragraphs 11(a) to (jb), must have regard to:
the need to base public health advice on data and other forms of evidence; and
the need for public trust in public health advice; and
the need for transparency in the performance of these functions; and
the impacts of risks to public health, and the impacts of responses to risks to public health, on particular communities and population groups.
Subsection (1) does not create rights or duties that are enforceable by proceedings in a court or tribunal.
A failure to comply with subsection (1) does not affect the validity of anything done in the performance of the Director‑General’s functions, and is not a ground for the review or challenge of any decision.
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