Section 433 — Resignation — Public Health Act 2005 (Queensland) — Barrister AI

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Section 433 — Resignation — Public Health Act 2005 (Queensland) — Barrister AI

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s 1Short title s 2Commencement s 3Act binds all persons s 4Contravention of this Act does not create civil cause of action s 5Act does not affect other rights or remedies s 6Object of Act s 7How object is mainly achieved s 8Definitions s 9Notes in text s 10Definitions for ch 2 s 11Meaning of public health risk s 12When Act administered only by the State s 13When Act administered only by local governments s 14When State and local governments administer this Act in partnership s 15Action by the State if local government does not administer and enforce this Act s 16Procedure before taking action under s 15 s 17State may require report from local government s 18Regulation to prescribe who is to administer this Act for particular public health risks s 19Effect of Act on local laws s 20Application of Local Government Act 2009 s 21What public health order may require s 22Public health orders about animals s 23Public health orders s 24Issuing authority may apply for enforcement order s 25Notice of hearing must be given s 26When magistrate may order enforcement s 27What enforcement order may require s 28Person must comply with enforcement order s 29Application may be dealt with in proceeding for offence s 30Procedure before entry under enforcement order s 31Costs under enforcement order recoverable as a debt s 32Cost under enforcement order a charge over land s 33Recipient may apply for contribution s 34Notice of hearing of cost recovery order must be given s 35When magistrates court may make cost recovery order s 36Chief executive may authorise prevention and control program s 37What chief executive’s authorisation must state s 38Publication of authorisation s 39Who may undertake prevention and control program s 40Powers available for prevention and control program s 41Power of authorised persons to enter place for prevention and control program s 42Notification of entry s 43Powers of authorised persons after entry s 44Failure to help authorised person s 45Person must not interfere with steps taken s 46Notification of prevention and control program s 47Meaning of environmental health event s 48Environmental health event register s 49Purposes of register s 50What register must contain s 51Notification of establishment of register s 52Notification inviting inclusion in register s 53Definitions for div 4 s 54Restriction on inconsistent use of information s 55Confidentiality of information s 56Release of information for an investigation under the Coroners Act s 57Use of environmental health event register s 57AImprovement notice s 57BRecord of compliance with improvement notice s 57CWhen drinking water is unsafe s 57DWhen recycled water is fit for use s 57ESupply of unsafe drinking water s 57FSupply of recycled water that is not fit for use s 57GPower to require information s 57HFailure to give information s 58Lead in buildings must not be accessible to children s 59Lead must not be used in water collection s 60Person must comply with standard s 61Regulations about public health risks s 61ADefinitions for chapter s 61BOperation of chs 2 and 2A s 61CRequirement for water risk management plans s 61DContent of water risk management plans s 61EAmending water risk management plans s 61FObligation to give chief executive copy of water risk management plans s 61GComplying with water risk management plans s 61HObligation to notify chief executive of Legionella s 61IObligation to give chief executive reports s 61JFalse or misleading reports s 61KChief executive may publish reports s 62Definitions for ch 3 s 63Meaning of controlled notifiable condition s 64Meaning of notifiable condition s 65Purpose of ch 3 s 66Guiding principles for ch 3 s 67Register s 68Purposes of register s 69Application of div 2 s 70When a doctor must notify s 71When the person in charge of hospital must notify s 72When the director of a pathology laboratory must notify a pathological diagnosis notifiable condition s 73When the director of a pathology laboratory must notify pathology request notifiable condition s 74Anonymity coding s 75Further information may be required s 76Definitions for div 3 s 77Confidentiality of information s 78Disclosure under an Act or another law s 79Disclosure under Act or with written consent etc.s 80Disclosure about notifiable conditions and contact tracing s 81Disclosure of confidential information in the public interest s 82Disclosure for data collection and public health monitoring s 83Disclosure for purposes relating to health services s 84Disclosure to Commonwealth, another State or Commonwealth or State entity s 85Disclosure to allow chief executive to act s 86Release of information for an investigation under the Coroners Act s 87Use of Notifiable Conditions Register s 88Access to information in register for serious offence s 89Functions of contact tracing officer s 90Appointment of contact tracing officer by chief executive s 91Qualifications for appointment s 92Appointment conditions and limit on powers s 93Issue of identity card s 94Production or display of identity card s 95When contact tracing officer ceases to hold office s 96Resignation s 97Return of identity card s 98Definitions for div 2 s 99Power to require contact information s 100Failure to give contact information s 101Power to require business contact information s 102Failure to give business contact information s 103Obtaining contact information from health information held by a health agency s 104Definitions for div 3 s 104AExtraterritorial operation s 105Confidentiality of information s 106Disclosure under an Act or another law s 107Disclosure under Act or with written consent etc.s 108Disclosure to protect health of person s 108ADisclosure for contact tracing purposes s 109Disclosure of confidential information in the public interest s 110Disclosure to allow chief executive to act s 111Use of contact information and business contact information s 112Definition for pt 4 s 113Chief executive may order detention s 114Enforcement of chief executive’s order s 115Duration of chief executive’s order s 116Applying for controlled notifiable conditions order s 117Deciding application in person’s absence s 118Making initial examination order s 119What initial examination order may provide s 120Service of initial examination order s 121Person must remain at place of detention and undergo medical examination s 122When period of detention starts s 123Details of medical examination must be explained s 124When detained person must be released before the end of initial examination order s 125Making behavioural order s 126What behavioural order may provide s 127Service of behavioural order s 128Person must comply with behavioural order s 129Making detention order s 130What detention order may provide s 131Service of detention order s 132Person must remain at place of detention and undergo medical examination or treatment s 133Details of medical examination or treatment must be explained s 134Extension of behavioural or detention orders s 135Variation and revocation of initial examination, behavioural or detention orders s 136Application for warrant for apprehension s 137Issue of warrant s 138Application by electronic communication and duplicate warrant s 139Defect in relation to a warrant s 140Procedure before entry—orders s 141Procedure before entry—warrants s 142Appeal against decision on application for controlled notifiable conditions order or extension of order s 142A s 142B s 142C s 142D s 142E s 142F s 142G s 142H s 142I s 142J s 142K s 142L s 142M s 142N s 142O s 142P s 142Q s 142R s 142S s 143Person must not recklessly spread controlled notifiable condition s 144How proceedings under this chapter heard s 145Person may give information necessary for authorised person’s safety s 146Obstructing persons exercising powers s 147Definitions for ch 4 s 148Meaning of declared health service s 149Meaning of health care facility s 150Application of ch 4 s 151Obligation to minimise risk of infection s 152What is an infection control management plan s 153Obligation of owner for ICMP s 154Obligation of owner/operator for ICMP s 155What an ICMP must contain s 156Time for developing and implementing an ICMP s 156AGiving copy of ICMP and information to authorised person s 156BAmending ICMP s 156CImprovement notice s 156DRecord of compliance with improvement notice s 156EDirections notice s 156FChief executive may extend directions notice s 156GCourt order may extend directions notice s 156HOffence to fail to comply with a directions notice s 156IRecord of compliance with directions notice s 157Chief executive may report contraventions s 157ADefinitions for ch 4A s 157BAmbulance officer or police officer may detain and transport person s 157CWhat ambulance officer or police officer must tell person s 157DGiving emergency examination authority s 157EDetention in treatment or care place s 157FExamination s 157GApplication of pt 3 s 157HPerson in charge of facility may require return of absent person s 157IDuration of authorisation or request s 157JAuthorised person may transport absent person s 157KEffect on examination period s 157LUse of force to detain and transport s 157MTransfer to another treatment or care place s 157NUse of reasonable force to detain person s 157OExamination of person without consent and with use of reasonable force s 157PReturn after examination or treatment and care to person’s requested place s 157QApplication for warrant for apprehension of person s 157RIssue of warrant s 157SElectronic application s 157TAdditional procedure if electronic application s 157UDefect in relation to a warrant s 157VWarrants—entry procedure s 157WApplication of pt 6 s 157XDefinitions for pt 6 s 157YPower to search on belief of possession of harmful thing s 157ZRequirements for personal search s 157ZARequirements for search requiring the removal of clothing s 157ZBRequirements for search of possessions s 157ZCRecord of search must be made s 157ZDSeizure of harmful thing s 157ZEReceipt for seized thing s 157ZFAccess to seized thing s 157ZGRelationship with Guardianship and Administration Act 2000 s 158Definitions for ch 5 s 159Who is a parent s 160What is a prescribed period for a contagious condition s 160ADefinitions for div 1AA s 160BWhen person in charge may exclude child not yet enrolled s 160CWhen person in charge may exclude enrolled child s 160DImmunisation status of children allowed to attend without statement s 161When parent must not send a child to school, education and care service or QEC approved service s 162When teacher or educator must advise person in charge s 163Person in charge may advise parent about suspicion of contagious condition s 164Person in charge may direct parent not to send child to school, education and care service or QEC approved service s 165Person in charge may advise parent of child not vaccinated about suspicion of vaccine preventable condition s 166Person in charge may direct parent not to send child to school, education and care service or QEC approved service s 167Chief executive may authorise examination of children at school, education and care service or QEC approved service s 168Chief executive must advise parent about examination s 169Chief executive may direct person in charge in relation to child s 170Person in charge must include information in direction s 171When person in charge may readmit child before prescribed period ends s 172Chief executive may require details if child suspected of having a contagious condition s 173Giving health information held by a health agency s 174Definitions for div 3 s 175Confidentiality of information s 176Disclosure under an Act or another law s 177Disclosure under Act or with written consent etc.s 178Disclosure to a person to help prevent or minimise transmission of a contagious condition s 179Protection for persons acting under pt 2 s 180Directions to person in charge of school, education and care service or QEC approved service s 181Temporary closure of school, education and care service or QEC approved service s 182Review of Minister’s order to close school, education and care service or QEC approved service s 183 s 184 s 184AApproved provider must ensure person in charge complies with pt 2 s 185Guiding principles for pt 3 s 186Relationship with Child Protection Act 1999 s 187Person in charge of facility has custody of child held at facility s 188Appointment s 189When person in charge taken to be a designated medical officer s 190Powers s 191 s 192 s 193 s 194 s 195 s 196 s 197Designated medical officer may make care and treatment order for child s 198Designated medical officer must notify person in charge of facility where child held s 199Designated medical officer must advise chief executive (child safety)s 200Designated medical officer must advise parents of child held s 201Designated medical officer may extend care and treatment order s 202Designated medical officer must notify person in charge of facility about extension of order s 203Designated medical officer must advise chief executive (child safety) about extension of order s 204Designated medical officer must advise child’s parents about extension of order s 205Enforcement of care and treatment order s 206Duration of order s 207Limit on the number of care and treatment orders s 208Chief executive (child safety) may require information from designated medical officer s 209Medical examination or treatment of child held under order s 210Designated medical officer may request information from doctors s 211Transfer of child from one facility to another s 212Parent may choose doctor to examine child s 213Offence to remove child s 213AADefinitions for part s 213ABApplication of part s 213ACIdentifying school health program providers s 213ADDisclosure of information about students s 213AEApplication of Information Privacy Act 2009 to contracted service providers s 213AFDelegation by health service chief executive for this part s 213ADefinition for ch 5A s 213BOffence to perform, or offer to perform, cosmetic procedure on a child s 213COffence to procure, or offer to procure, performance of cosmetic procedure on a child s 213DChief executive may report contravention s 213EDefinitions for chapter s 213FMeaning of conversion therapy s 213GMeaning of gender identity s 213HProhibition of conversion therapy s 213IProceedings for indictable offence s 214Definitions for pt 1 s 215Collection s 216Purposes of collection s 217Giving notifications to chief executive s 218Further information may be required s 219Definitions for div 4 s 220Confidentiality of information s 221Disclosure under an Act or another law s 222Disclosure under Act or with written consent etc.s 223Disclosure of confidential information in the public interest s 224Disclosure for data collection and public health monitoring s 225Disclosure for purposes relating to health services s 226Disclosure to Commonwealth, another State or Commonwealth or State entity s 227Disclosure to quality assurance committee s 228Disclosure to allow chief executive to act s 228ADisclosure of information for an investigation under the Coroners Act s 228BArrangements about transfer of information s 228BADisclosure for purpose of Health Transparency Act 2019 s 228CDefinitions for pt 1A s 228DCollection s 228EPurposes of collection s 228FGiving information to chief executive s 228GFurther information may be required s 228HDefinitions for div 4 s 228IConfidentiality of information s 228JDisclosure under an Act or another law s 228KDisclosure under Act or with written consent etc.s 228LDisclosure of confidential information in the public interest s 228MDisclosure for data collection and public health monitoring s 228NDisclosure for purposes relating to health services s 228ODisclosure to Commonwealth, another State or Commonwealth or State entity s 228PDisclosure to quality assurance committee s 228QDisclosure to allow chief executive to act s 228RDisclosure of information for an investigation under the Coroners Act s 228SArrangements about transfer of information s 229Definitions for pt 2 s 230Register s 231Purposes of register s 232Responsibility for keeping of register s 233Application of div 3 s 234Notification about pathological examination s 234ANotification about diagnostic imaging procedure s 234BNotification about cancer diagnosis at hospital s 234CNotification about cancer-related treatment of hospital patient s 234DNotification about death at hospital s 235Directions to give notifications about cancer to contractor s 236Further information may be required s 237Definitions for div 4 s 238Confidentiality of information s 239Disclosure under an Act or another law s 240Disclosure under Act or with written consent etc.s 241Disclosure of confidential information in the public interest s 242Disclosure for data collection and public health monitoring s 243Disclosure for purposes relating to health services s 244Disclosure to Commonwealth, another State or Commonwealth or State entity s 245Disclosure to quality assurance committee s 246Disclosure to contractor or employee of contractor for maintaining the register s 247Disclosure to allow chief executive to act s 248Confidentiality of information for contractors s 249Disclosure by contractor s 250 s 251 s 252 s 253 s 254 s 255 s 256 s 257 s 258 s 259 s 260 s 261 s 262 s 263 s 264 s 265 s 266 s 267 s 268 s 269 s 270 s 271 s 272 s 273 s 274 s 275 s 276 s 277 s 278 s 279 s 279AADefinitions for division s 279ABObligation to notify relevant Commonwealth officer s 279ACAuthorisation relating to information in national registry s 279ADDefinitions for division s 279AEChief executive to keep information in historical dust lung disease register s 279AFRestriction on disclosure of confidential information s 279AGDisclosure generally s 279AHDisclosure for data collection and public health monitoring s 279AIDisclosure to entity of the State or corresponding entity s 279AJDisclosure of information for investigation under Coroners Act 2003 s 279AK s 279AL s 279AM s 279AN s 279AO s 279AP s 279AApplication of pt 4 s 280Definitions for pt 4 s 280APart does not prevent disclosure under other Act s 281Chief executive may give information s 282Application to chief executive for information s 283Further information or documents to support application s 284Decision about application s 285What notice must state s 286Notification of change of persons being given information s 287Chief executive may rescind decision to give information s 288Register of approved applications for health information held by a health agency s 289Access to register s 290Restriction on inconsistent use of information s 291Restriction on disclosure of information s 292Use of health information held by a health agency s 293Definitions for ch 7 s 294Minister may establish or re-establish panels of inquiry s 295Role of panel of inquiry s 296Conditions of appointment s 297Chief executive to arrange for services of staff and financial matters for panel of inquiry s 298Procedure s 299Notice of inquiry s 300Inquiry to be held in public other than in special circumstances s 301Protection of members, legal representatives and witnesses s 302Record of proceedings to be kept s 303Procedural fairness and representation s 304Panel’s powers on inquiry s 305Notice to witness s 306Inspection of documents or other things s 307Inquiry may continue despite court proceeding unless otherwise ordered s 308Offences by witnesses s 309False or misleading statements s 310False or misleading documents s 311Contempt of panel s 312Report of offences s 313Change of membership of panel s 313APurpose of chapter s 313BDefinitions for chapter s 313CMeaning of pollution event s 313DMeaning of pollution notice s 313EChief executive may give direction to publish pollution notice s 313FChief executive may publish pollution notice s 313GSteps required before giving direction or publishing pollution notice s 313HCompensation s 314Purpose of ch 8 s 315Definitions for ch 8 s 316Relationship to other Acts s 317Other Acts not affected s 318Powers under this chapter and powers under other Acts s 319Declaration of public health emergency s 320What public health emergency order must state s 321Publication of declaration s 322Duration of declared public health emergency s 323Extending or further extending declared public health emergency s 324Ending declared public health emergency s 325Publication of ending of declared public health emergency s 326Public health emergency order may be amended s 327Declaration of emergency notifiable condition as controlled notifiable condition s 328What controlled notifiable conditions declaration must state s 329Publication of declaration s 330Duration of controlled notifiable conditions declaration s 331Controlled notifiable conditions declaration may be amended s 332Coordination responsibility s 333Appointment of emergency officers (general)s 334Qualifications for appointment as emergency officer (general)s 335Appointment of emergency officers (medical)s 336Qualifications for appointment as emergency officer (medical)s 337Appointment conditions s 338Chief executive to give copy of appointment to emergency officer s 339Powers s 340Identity cards s 341Failure to return identity card s 342Production or display of identity card by emergency officer s 343Power to enter places s 344Procedure before entry s 345Emergency powers s 346Failure to comply with requirement s 347General powers after entering places s 348Failure to help emergency officer s 349Emergency officer (medical) may order detention s 350Duration of order s 351Enforcement of order s 352Establishing isolation areas s 353Person to be given opportunity of voluntarily complying with order s 354Medical examination and treatment s 355When detained person must be released before the end of the order s 356Application to extend order s 357Consideration of application s 358Appeal s 359Application of div 3 s 360Obligations of emergency officer (medical) in relation to person detained s 361Application to magistrate for order ending person’s detention s 362Appeal s 362A s 362B s 362C s 362D s 362E s 362F s 362FA s 362G s 362H s 362HA s 362I s 362J s 362K s 362L s 362M s 362MAA s 362MAB s 362MAC s 362MAD s 362MAE s 362MAF s 362MAG s 362MAH s 362MAI s 362MAJ s 362MA s 362MB s 362MC s 362MD s 362ME s 362MF s 362MG s 362MH s 362MI s 362MJ s 362MK s 362ML s 362MM s 362MN s 362MO s 362MP s 362N s 362O s 362P s 362Q s 363False or misleading statements s 364False or misleading documents s 365Obstructing emergency officers s 366Entitlement to compensation s 367When compensation is not payable s 368Applying for compensation s 369Lapsing of application s 370Deciding application s 371Notice about decision s 372Review of decision s 373 s 374 s 375 s 376Powers generally s 377Appointment s 378Qualifications for appointment s 379Appointment conditions and limit on powers s 380Issue of identity card s 381Production or display of identity card s 382When authorised person ceases to hold office s 383Resignation s 384Return of identity card s 385Power to enter places s 386Power to enter place to ascertain if public health risk s 387Power to enter place to check compliance with public health order s 388Power to enter place to take steps if public health order not complied with s 388APower to enter places to check compliance with improvement notice s 389Power to enter place under approved inspection program s 389APower to enter a prescribed facility—general s 389BPower to enter dwellings in residential aged care facilities s 390Power to enter health care facility s 390APower to enter place to monitor compliance with ch 5A s 391Entry with consent s 392Entry of place under s 386, 387, 388A or 389 s 393Entry of place under s 388 s 394Application for warrant s 395Issue of warrant s 396Application by electronic communication and duplicate warrant s 397Defect in relation to a warrant s 398Warrants—procedure before entry s 399General powers after entering places s 400Failure to help authorised person s 401Failure to answer questions or give information s 402Stopping motor vehicle s 403Seizing evidence at place that may be entered without consent or a warrant s 404Seizing evidence at a place that may only be entered with consent or warrant s 405Power to remove or reduce public health risk after entering place s 406Cost of steps recoverable as a debt s 407Cost of steps by local government a charge over land s 408Securing seized things s 409Tampering with seized things s 410Powers to support seizure s 411Authorised person may require thing’s return s 412Receipts for seized things s 413Forfeiture of seized things s 414Return of seized things s 415Access to seized things s 416Power to require name and address s 417Failure to give name or address s 418Power to require production of documents s 419Failure to produce document s 420Failure to certify copy of document s 421Notice of damage s 422Compensation s 423False or misleading statements s 424False or misleading documents s 425Obstructing authorised persons s 426Impersonation of authorised persons s 427Approved inspection program s 428Notice of proposed inspection program s 429Access to program s 430Appointment and qualifications s 431Appointment conditions s 432When State analyst ceases to hold office s 433Resignation s 434Chief executive may approve laboratory s 435Analysis s 436Certificate must indicate methodology used s 437Application of ch 10 s 438Appointments and authority s 439Signatures s 440Evidentiary provisions s 441Summary offences s 442Allegations of false or misleading information or document s 443Recovery of costs of investigation s 444Application for order for payment of costs under s 443 s 445Forfeiture on conviction s 446Dealing with forfeited thing s 447Responsibility for acts or omissions of representative s 448Liability of executive officer—particular offences committed by corporation s 449Fines payable to local government s 450Who may appeal s 451Starting an appeal s 452Hearing procedures s 453Appeal to District Court s 454Chief executive to give Minister annual report s 454ADefinitions for pt 1A s 454BProtecting prescribed persons from civil liability for asbestos-related harm s 454CIndemnifying local government against civil liability for asbestos-related harm s 454CALocal government must notify State of claim s 454DState may recover contribution in particular circumstances s 454ELimitation on indemnity s 454FPurpose of div 3 s 454GTraining s 454HCompliance with Act, laws and guidelines s 454IRecord-keeping s 454JRequirement for annual compliance certificate s 454KAcknowledgement of receipt of annual compliance certificate s 454LEvidentiary provision s 455Delegations s 456Protecting prescribed persons from liability s 457Public officials for Police Powers and Responsibilities Act s 458Approval of forms s 459Service of documents s 460Compliance with provisions about explaining and giving documents s 461Regulation-making power s 462Notifiable conditions s 463Notifiable Conditions Register s 464Order for removal or detention of person with notifiable disease s 465Order to cleanse and disinfect premises s 466Order closing a school s 467Mandatory reporting s 468Temporary custody of children s 469Abatement of nuisance s 470Notice relating to sewer, stormwater drain or sanitary convenience s 471Cancer notifications s 472Cancer registers s 473Continued obligation to give cancer return s 474Contractor s 475Further information may be required about cancer returns s 476Continuing obligation to give further information about cancer return s 477Pap Smear Register s 478Duty of director to give Pap smear information s 479Chief executive’s duty to send notice s 480Request to remove registered screening history s 481Request to change identifying information s 482Request for registered screening history s 483Agreement to send out notices s 484Designated health practitioners s 485Perinatal Statistics Collection s 486Notification about delivery s 487Further information about perinatal statistics s 488Notice to comply with standard about paint s 489Authority to conduct scientific research and studies s 490Offences s 491References to Health Act 1937 s 492When prohibition on performing cosmetic procedures on children does not apply s 493Definitions for pt 3 s 494Application for information for research s 495Maternal Death Statistics Collection s 496Proceeding for particular offence s 497Application of s 366 s 498Proceedings against repealed s 362D or 362J s 499Application of s 362MD s 500 s 501 s 502 s 503 s 504 s 505 s 506 s 507Validation of particular directions given by emergency officers s 507AApplication of ch 8, pt 7A, div 6 s 507BApplication of division s 507CInterpretation s 507DContinuation of confidentiality requirements s 507EContinuation of limits on use of relevant information and derived evidence s 508Application of s 362ME s 509Application of division s 510Interpretation s 511Continuation of liability under former s 362MD or 362ME arising before expiry s 512Liability under s 362ME arising on or after expiry s 513Continued application of former s 362MM s 514Continued application of ss 362MN and 362MO s 515Application of part s 516Proceedings for particular offence s 517Continued application of s 142R s 518Continued application of former s 234 for giving particular notifications s 519Definition for part s 520Application of new ch 6, pt 3A to particular diagnoses made before commencement s 521Proceedings for particular offences Schedule 2 — Dictionary

Section Whole Act

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s 433

Resignation

In force

433 Resignation

A State analyst may resign by signed notice given to the chief executive.

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Previouss 432When State analyst ceases to hold office Nexts 434Chief executive may approve laboratory