Whole Act
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This Act may be cited as the Notifiable Diseases Act 1981.
This Act shall come into operation on a date to be fixed by the
Administrator by notice in the Gazette.
The Ordinances listed in Schedule 1 and the Leprosy Amendment
Act 1980 are repealed.
The Public Health (Infectious and Notifiable Diseases)
Regulations, being Regulations No. 12 of 1960, No. 9 of 1961 and
No. 49 of 1978, are repealed.
The area described in Schedule 2 is deemed to be an area declared by the Administrator under section 17 to be an isolation area.
A person who was, immediately prior to the commencement of this
Act, a leprosy patient within the meaning of the Leprosy Act 1954 as then in force is deemed to be an infected person upon whom a notice under section 11(1), directing him:
to remain at the isolation area referred to in subsection (1);
and
to submit himself to the care and control of the Chief Health
Officer, until otherwise directed by a medical officer,
has been duly served.
In this Act, unless the contrary intention appears:
animal includes a dead animal and part of an animal.
authorized person means a person to whom the Chief Health Officer delegates, in relation to a power or function, the exercise of that power or performance of that function under section 31 and who, in the instrument of delegation, is described as an authorized person.
child means a person who has not attained the age of 18 years.
diagnostic procedures means the collection and examination of samples from an infected person or suspect person for pathology investigation and includes radiological examinations.
goods includes animals, plants and minerals and any other kind of moveable property.
infected person means a person:
who is suffering from a notifiable disease;
who is a carrier of a notifiable disease; or
from whom a notifiable disease may be contracted.
isolation area means an area declared under section 17 to be an isolation area.
medical examination means a physical examination by a medical practitioner and includes the use of diagnostic procedures, where necessary, to establish the presence of a notifiable disease.
medical officer means an authorised officer, under the Public and Environmental Health Act 2011, who is a medical practitioner or entitled to be registered as a medical practitioner.
notifiable disease means a disease declared to be a notifiable disease under section 6.
plant includes a dead plant and part of a plant.
suspect person means a person who:
is suspected of being an infected person; or
(b) has or may have been exposed to an infected person or goods which are known or suspected to be infected or a source of infection.
(2) A power of prohibition under this Act shall include a prohibition generally or with limitations as to place and subject-matter and either absolutely or subject to specified conditions or restrictions.
(3) Where a notice or order under this Act may be served on a child, a copy of such notice or order shall be deemed to have been served on that child if a copy of that notice or order was served on a parent or guardian of that child.
(4) Where an obligation under this Act is placed upon a child, the parent or guardian of the child shall be liable for carrying out that obligation or ensuring that the obligation is carried out, unless the contrary intention appears.
The Minister may, by notice in the Gazette, declare a disease to be a notifiable disease for the purposes of this Act.
A person who has reasonable grounds to believe that he may be an infected person or suspect person shall consult a medical practitioner at the first reasonable opportunity.
The Minister may, by notice in the Gazette, specify:
(a) a notifiable disease in relation to which information is to be given;
(b) the information to be given in relation to a notifiable disease; and
(c) the manner in which information in relation to a notifiable disease is to be given.
If a medical practitioner:
diagnoses that a person is an infected person; or
(b) considers that a person is a suspect person, in relation to a notifiable disease specified under subsection (1), the medical practitioner must give to a medical officer the information required under subsection (1) to be given in relation to the disease.
(3) The medical practitioner must give the information in the manner required under subsection (1).
A person who is:
an infected person shall provide to a medical practitioner, medical officer or authorized person the names and addresses of all persons from whom the notifiable disease may have been contracted; or
a suspect person shall provide to a medical practitioner, medical officer or authorized person the names and addresses of all persons with whom he has been in contact during a period of time specified by the medical practitioner, medical officer or authorized person.
A medical practitioner who diagnoses that a person is an infected person or who considers a person to be a suspect person:
shall advise, where the person is an adult – the person;
(b) shall advise, where the person is a child who has not attained the age of 16 years – the parents or the guardian of the child; or
(c) as he thinks fit, may also advise, where the person is a child who has attained the age of 16 years – the parents or the guardian of the child,
of the nature of the notifiable disease, the measures needed to be taken to prevent the spread of that disease and the treatment, if any, required.
A medical officer may, by notice in writing personally served on an infected person or suspect person, direct the person to carry out measures which the medical officer believes necessary for the treatment of, or to prevent the spread or possible spread of, the relevant notifiable disease.
A person duly served with a notice under subsection (1) shall carry out all measures which he is directed by the notice to carry out.
(1) NTCAT has jurisdiction to review a decision of a medical officer to serve a notice on a person under section 11(1).
(2) The person who is served with the notice may apply to NTCAT for review of the medical officer's decision.
(3) In determining an application for review under this section, NTCAT may, by order:
confirm the notice; or
vary a direction contained in the notice; or
revoke the notice.
(4) Section 44(2) of the Northern Territory Civil and Administrative Tribunal Act 2014 does not apply in relation to a proceeding for review of a decision under this section.
Note for section 12
The Northern Territory Civil and Administrative Tribunal Act 2014 sets out the procedure for applying to NTCAT for review and other relevant matters in relation to reviews.