Public Health Act 2005

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

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

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.

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

chapter 2, part 3;

section 386;

sections 394 and 395.

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

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

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

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.

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

The object is to be mainly achieved by—

preventing, controlling and reducing risks to public health; and

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

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

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

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

restricting the performance of cosmetic procedures on children; and

collecting and managing particular health information, and establishing mechanisms for health information held by a health agency to be accessed for appropriate research; and

inquiring into serious public health matters; and

responding to public health emergencies; and

providing for compliance with this Act to be monitored and enforced.

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

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

In this chapter—

local government public health risk means a public health risk—

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

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

public health risk see section 11.

State public health risk means a public health risk—

mentioned in section 11(1)(b)(ii), (iii), (ix) or (x); or

prescribed under section 18 as a public health risk that is to be administered and enforced only by the State.

Public health risk means—

an animal, structure, substance or other thing that—

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

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

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—

a designated pest;

drinking water supplied by a drinking water service provider;

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

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

waste;

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

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

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

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

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

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

Examples for subparagraph (viii)—

1 drifting fibreglass dust resulting from building a fibreglass boat

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

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

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—

is, or is likely to be, hazardous to human health; or

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

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.

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

State public health risks; and

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

This section is subject to section 14.