Public Health Act 2016

The objects of this Act are —

to promote and improve public health and wellbeing and to prevent disease, injury, disability and premature death; and

to protect individuals and communities from diseases and other public health risks and to provide, to the extent reasonably practicable, a healthy environment for all Western Australians; and

to promote the provision of information to individuals and communities about public health risks; and

to encourage individuals and communities to plan for, create and maintain a healthy environment; and

to provide for the prevention or early detection of diseases and other public health risks, and certain other conditions of health; and

to support programmes and campaigns intended to improve public health; and

to facilitate the provision of information to decision‑making authorities about public health risks and benefits to public health that may result from certain proposals; and

to provide for the collection, disclosure and use of information about the incidence and prevalence of diseases and other public health risks in the State, and certain other conditions of health, for research or public health purposes; and

to reduce the inequalities in public health of disadvantaged communities; and

to provide for functions relating to public health to be performed by the State and local governments.

In the pursuit of the objects of this Act, regard must be had to the principles set out in the Table.

Persons involved in the administration of this Act must perform their functions with due regard to the objects and principles of this Act.

In this Act, unless the contrary intention appears —

means —

an education and care service as defined in the Education and Care Services National Law (WA) section 5(1); or

a child care service as defined in the Child Care Services Act 2007 section 4;

does not include a child care service prescribed for the purposes of this definition;

means a public service officer employed in the Department; and

includes a public service officer appointed for the purposes of, or to assist in the administration of, an Act to which the Health Legislation Administration Act 1984 applies under section 4 of that Act;

prevention — the mitigation or prevention of the probability of the occurrence of a public health emergency, and of the potential adverse effects of a public health emergency; and

preparedness — the preparation for the response to a public health emergency; and

response — the combating of the effects of a public health emergency, provision of emergency assistance for casualties, reduction of further damage and help to speed recovery; and

recovery — the support of communities affected by a public health emergency in the reconstruction and restoration of physical infrastructure, the environment and community, psychosocial and economic wellbeing;

the Chief Health Officer; or

an authorised officer or other person who is authorised by the Chief Health Officer under section 174(2);

the Chief Health Officer; or

a local government; or

a person or body, or a person or body within a class of persons or bodies, prescribed by the regulations for the purposes of this definition;

means a public health risk involving potential harm to public health that is neither trivial nor negligible; and

includes a public health risk declared by the regulations to be a material public health risk; but

does not include a public health risk declared by the regulations not to be a material public health risk;

the taking of a sample of blood, urine, tissue or hair, or another biological specimen; and

the performance of any diagnostic examination or diagnostic procedure;

to supply people with any of the following —

sterile hypodermic syringes;

sterile hypodermic needles;

things that may be used in connection with the administration, by injection, of prohibited drugs (as defined in the Misuse of Drugs Act 1981 section 3(1)), for example, swabs and spoons;

to facilitate the safe disposal, after use, of any of the things mentioned in paragraph (a);

to advise, counsel or disseminate information to people;

the person’s full name; and

the person’s date of birth; and

the address where the person is residing; and

the address where the person usually resides, if that is different from the address referred to in paragraph (c);

land (whether vacant or not); and

land covered by water, whether permanently or temporarily or from time to time; and

the whole or any part of a building or other structure, of whatever type and whether of a permanent or temporary nature; and

a vehicle;

an agency as defined in the Public Sector Management Act 1994 section 3(1); or

a body, corporate or unincorporate, that is established or continued for a public purpose by the State, regardless of the way it is established; or

a local government; or

a regional local government, but only in Part 12 and section 299; or

a regional subsidiary; or

the Police Force of Western Australia; or

a person or body, or a person or body within a class of persons or bodies, prescribed by the regulations for the purposes of this paragraph;

the wider health and wellbeing of the community; and

the combination of safeguards, policies and programmes designed to protect, maintain, promote and improve the health of individuals and their communities and to prevent and reduce the incidence of illness and disability;

a departmental officer; or

a person employed or engaged in a health service provider (as defined in the Health Services Act 2016 section 6);

an activity declared by the regulations to be a public health risk activity; or

an activity within a class of activities declared by the regulations to be public health risk activities;

at premises for quarantine‑related purposes; or

in an area for quarantine‑related purposes; or

quarantined from other persons;

means a public health risk involving potential harm to public health that is irreversible, of a high impact or on a wide scale; and

includes a public health risk declared by the regulations to be a serious public health risk; but

does not include a public health risk declared by the regulations not to be a serious public health risk;

means any means of transport, whether self‑propelled or not, and whether used on land or sea or in the air; and

without limiting paragraph (a), includes —

a caravan, trailer or other land vehicle; and

a vessel;

means any thing used, or capable of being used, in navigation by water, of whatever size and whether or not it has any means of propulsion; and

without limiting paragraph (a), includes the following —

a houseboat, pontoon or raft;

a hovercraft, seaplane or other similar craft;

a submarine or other submersible;

A reference in a provision of this Act to an authorised officer —

is a reference to a person who is an authorised officer by virtue of a designation under section 24, but (except in a provision listed in the Table) only if that designation has effect for the purposes of the provision in which that reference occurs; and

includes a reference to the Chief Health Officer; and

includes a reference to an authorised officer exercising powers as an emergency officer.

This Act binds the State and, so far as the legislative power of the State permits, the Crown in all its other capacities.

Nothing in this Act makes the Crown in any capacity liable to be prosecuted for an offence.

Subsection (1) is subject to Part 17.

to initiate, support and manage public health planning for the State;

to develop and implement policies and programmes to achieve the objects of this Act;

to provide advice or recommendations to the Minister or to any other person or body or to the community generally on matters relevant to public health;

to provide advice or recommendations to the Minister on possible changes to this Act or the regulations that the Chief Health Officer considers appropriate or necessary;

to perform the functions that are conferred on the Chief Health Officer by or under this Act;

to administer this Act in accordance with its objects and principles.

The Chief Health Officer may delegate any function of the Chief Health Officer under another provision of this Act to a public health official.

A delegation must be in writing signed by the Chief Health Officer.

A delegation may expressly authorise the delegate to further delegate the function to another public health official.

A person performing a function that has been delegated to the person under, or as authorised under, this section is to be taken to do so in accordance with the terms of the delegation unless the contrary is shown.

Nothing in this section limits the ability of the Chief Health Officer to act through an officer or agent.

Without limiting subsection (1), the Chief Health Officer may, under this section, delegate any function of the Chief Health Officer under Part 12B to a public service officer employed in a department of the Public Service.

The Minister must designate a person as the Chief Health Officer.

A person cannot be designated as Chief Health Officer unless —

the person is a departmental officer; and

the person is a medical practitioner; and

the Minister is satisfied that the person has appropriate qualifications and experience in public health.

A designation under section 11 —

must be made by notice published in the Gazette; and

must specify the term of the designation, which cannot exceed 5 years.

Subsection (1)(b) does not prevent a person from serving as Chief Health Officer more than once.

The Chief Health Officer is entitled to the remuneration determined by the Salaries and Allowances Tribunal under the Salaries and Allowances Act 1975.

For the purposes of the Salaries and Allowances Act 1975 and any other written law, the office of Chief Health Officer is to be taken to be prescribed under section 6(1)(e) of that Act for the purposes of section 6 of that Act.

The Chief Health Officer may resign from that office by writing signed and given to the Minister.

The resignation takes effect on the later of —

receipt by the Minister; or

the day specified in the resignation.

A person vacates office as the Chief Health Officer if the person ceases to be —

a departmental officer; or

a medical practitioner.

The Minister may remove a person from the office of Chief Health Officer on any of these grounds —

mental or physical incapacity;

incompetence;

neglect of duty;

misconduct.

The removal of a person from office under subsection (4) does not by itself affect the person’s employment as a public service officer.

Subsection (4) does not limit the application of the Public Sector Management Act 1994 Part 5 to and in relation to any person who holds or has held the office of Chief Health Officer.

The CEO may designate a person to act in the office of the Chief Health Officer —

during a vacancy in the office, whether or not a designation has previously been made under section 11(1); or

during a period, or during all periods, when the person holding the office or a person acting in the office under a designation under this section is on leave or is for any other reason unable to perform the functions of the office.

A person cannot be designated under subsection (1) unless —

the person is —

a departmental officer; and

a medical practitioner;

the CEO is satisfied that the person has appropriate qualifications and experience in public health.

A designation under subsection (1) —

must be in writing; and

may be expressed to have effect only in the circumstances specified in it.

A person cannot act under a designation under subsection (1) for longer than 12 months at a time.

The CEO may revoke a designation under subsection (1) at any time.

The Interpretation Act 1984 section 49 authorises the performance of the functions of the Chief Health Officer by a person acting under a designation under section 14.

The validity of anything done by or in relation to a person purporting to act under a designation under section 14 is not to be called into question on any of these grounds —

the occasion for the designation had not arisen;

there is a defect or irregularity in the designation;

the designation had ceased to have effect;

the occasion for the person to act had not arisen or had ceased.

to initiate, support and manage public health planning for its local government district;

to develop and implement policies and programmes to achieve the objects of this Act within its local government district;

to perform the functions that are conferred on local governments by or under this Act;

to administer and enforce this Act within its local government district in accordance with the objects and principles of this Act.

A local government may appoint one or more persons as environmental health officers.

An appointee may be —

a person employed by the local government under the Local Government Act 1995 section 5.36; or

a person engaged by the local government under a contract for services.

A local government must not appoint a person as an environmental health officer unless the person has the qualifications and experience approved by the Chief Health Officer under section 18.

Two or more local governments may enter into arrangements for one or more persons to be appointed as environmental health officers for each of those local governments.

This section does not limit the Local Government Act 1995 section 5.36.

The Chief Health Officer must, by notice published in the Gazette, approve the qualifications and experience that persons to be appointed as environmental health officers must have.

An approval is not subsidiary legislation for the purposes of the Interpretation Act 1984.

The Interpretation Act 1984 sections 43 (other than subsection (6)) and 44 and Part VIII apply to an approval as if it were subsidiary legislation.

The Chief Health Officer, after consultation with another enforcement agency, may, in writing, impose conditions or restrictions on the performance of functions under this Act by the enforcement agency.

The performance by an enforcement agency of functions under this Act is subject to any conditions or restrictions imposed under subsection (1).

A power or duty conferred or imposed on an enforcement agency may be delegated —

if the enforcement agency is the Chief Health Officer, in accordance with section 9; or

if the enforcement agency is a local government, to —

the chief executive officer of the local government; or

an authorised officer designated by the local government;

if the enforcement agency is a person or body, or a person or body within a class of persons or bodies, prescribed by the regulations, to an authorised officer designated by the agency.

A delegation under subsection (1)(b) or (c) must be in writing.

Without limiting the Interpretation Act 1984 section 59, the exercise or performance by a delegate of an enforcement agency of a power or duty delegated under subsection (1)(b) or (c) is subject to any condition or restriction imposed under section 20 on the exercise or performance by the enforcement agency of the power or duty.

Subsection (5) applies if —

the regulations expressly authorise a delegated power or duty of an enforcement agency referred to in subsection (1)(b) or (c) to be further delegated; and

the delegated power or duty is further delegated to a person or body in accordance with those regulations.

If this subsection applies, subsection (3) applies to the exercise or performance by the person or body of that power or duty as if it were exercised or performed, and delegated, as described in subsection (3).

An enforcement agency (other than the Chief Health Officer) must report to the Chief Health Officer, at the intervals that the Chief Health Officer requires, on the performance of functions under this Act by the agency and by persons employed or engaged by the agency.

In addition to any report required under subsection (1), an enforcement agency must forward to the Chief Health Officer details of any proceedings for an offence under this Act taken by the agency, and those details must be forwarded —

within one month after the proceedings have been instituted; and

within one month after the proceedings have been finally dealt with.

The accountable authority of the Department must include in the annual report submitted under the Financial Management Act 2006 Part 5 —

a report on the performance by enforcement agencies (including the Chief Health Officer) of functions under this Act; and

the current State public health plan prepared under section 43.

An enforcement agency may designate a person or class of persons as authorised officers —

for the purposes of this Act or another specified Act; or

for the purposes of the specified provisions of this Act or another specified Act; or

for the purposes of the provisions of this Act or another specified Act other than the specified provisions of that Act.

The Chief Health Officer may designate a person or class of persons under subsection (1) only if the person or, as the case requires, the persons in that class are public health officials.

An enforcement agency that is a local government may designate under subsection (1) —

an environmental health officer or environmental health officers as a class; or

a person who is not an environmental health officer or a class of persons who are not environmental health officers; or

a mixture of the two.

Enforcement agencies that are local governments may act jointly in the designation of persons or classes of persons as authorised officers.

An enforcement agency must not designate a person or class of persons under section 24(1) unless the enforcement agency —

considers that the person or, as the case requires, the persons in that class have appropriate qualifications and experience to perform the particular functions that the person or class of persons are to perform as authorised officers; and

has regard to any guidelines issued under section 29.

This section does not apply to the designation of —

public health officials, whether individually or as a class; or

environmental health officers, whether individually or as a class.

The power to make a designation includes —

the power to revoke a designation previously made; and

in relation to a person (person A) who is designated, the power to designate a person or class of persons to perform functions of person A when it is impractical for person A to perform the functions; and

in relation to a class of persons (class A) who are designated, the power to designate a person or class of persons to perform functions of persons in class A when it is impractical for persons in class A to perform the functions.

These must be in writing —

a designation;

a revocation of a designation.

the persons (if any) who are individually designated as authorised officers by the agency; and

the classes of persons (if any) who are designated as authorised officers by the agency.

A person ceases to be an authorised officer if the designation by virtue of which that person is an authorised officer is revoked or ceases to have effect.

A designation by the Chief Health Officer ceases to have effect if the person designated ceases to be a public health official.

A person who is an authorised officer by virtue of being an environmental health officer ceases to be an authorised officer if the person ceases to be an environmental health officer.

An enforcement agency must issue to each person who is an authorised officer by virtue of a designation by the agency a certificate of authority as an authorised officer.

The certificate of authority must —

state that it is issued under this Act; and

state the name of the person to whom it is issued and bear —

a photograph or digital image of that person; and

the person’s signature;

state the date, if any, on which it expires; and

specify —

the Acts or the provisions of the Acts for the purposes of which the person is designated as an authorised officer; and

any provisions of an Act that are excluded from the designation;

specify any conditions or restrictions to which the person’s authority is subject; and

bear the signature of the person by whom it is issued and state the capacity in which the person is acting in issuing the certificate.

An authorised officer must produce the certificate of authority —

if asked to do so by the person in charge of any premises entered under this Act by the authorised officer; or

if asked to do so by a person who, under this Act, is required by the authorised officer to produce anything or to answer any question.

If an enforcement agency is satisfied that obtaining a photograph or digital image of a person to whom a certificate of authority is to be issued, or the person’s signature, would unreasonably delay the issuing of the certificate to that person, the enforcement agency may issue a temporary certificate of authority that does not comply with either or both of the requirements of subsection (2)(b).

A temporary certificate of authority —

is valid for the period, not exceeding one month, that is stated on the certificate; but

otherwise has the same effect as an ordinary certificate of authority issued under this section.

In this section —

This section applies if —

a person is designated as an authorised officer for the purposes of one or more provisions of another written law; and

that other written law has a certificate requirement.

If this section applies —

it is sufficient compliance with the certificate requirement in the other written law if the certificate of authority issued to that person under section 30 specifies that the person is designated as an authorised officer for the purposes of that other written law or one or more provisions of that other written law; and

it is sufficient compliance with any production requirement in that other written law if —

the production requirement relates to a provision for the purposes of which the designation has effect; and

the person produces that certificate of authority.

A person to whom a certificate of authority is issued under section 30 and who ceases to be an authorised officer must, as soon as practicable, return the certificate to the enforcement agency that issued the certificate.

A person who contravenes subsection (1) without reasonable excuse, the onus of proving which is on the person, commits an offence.

The Chief Health Officer may establish advisory committees to assist the Chief Health Officer in the performance of the Chief Health Officer’s functions under this Act.

The Chief Health Officer may appoint any person the Chief Health Officer thinks fit to any advisory committee established under subsection (1).

The Chief Health Officer may determine —

the term of office of members of an advisory committee; and

the functions and procedure of an advisory committee; and

after consultation with the Minister for Public Sector Management, any remuneration and allowances to be paid to the members of an advisory committee.

A person must take all reasonable and practicable steps to prevent or minimise any harm to public health that might foreseeably result from anything done or omitted to be done by the person.

In determining what is reasonable and practicable for the purposes of subsection (1), regard must be had, amongst other things, to the objects of this Act, and to the following —

the potential impact of a failure to comply with the duty;

any environmental, social, economic or practical implications;

any degrees of risk that may be involved;

the nature, extent and duration of any harm;

any matter prescribed by the regulations.

A person will be taken not to be in breach of subsection (1) if the person is acting —

in a manner or in circumstances that accord with generally accepted practices taking into account community expectations and prevailing environmental, social and economic practices and standards; or

in circumstances prescribed by the regulations.

A failure to comply with the general public health duty does not of itself —

give rise to any right or remedy; or

constitute an offence.

However, a failure to comply with the general public health duty may constitute grounds for action to be taken under this Act, including the issue of an improvement notice or enforcement order.

do an act; or

omit to do an act.

A person must not —

engage in conduct that the person knows will cause, or is likely to cause, a serious public health risk; or

engage in conduct in a manner that the person knows will cause, or is likely to cause, a serious public health risk; or

allow or permit conduct to be engaged in if the person knows that engagement in that conduct will cause, or is likely to cause, a serious public health risk; or

allow or permit conduct to be engaged in in a manner that the person knows will cause, or is likely to cause, a serious public health risk; or

allow or permit conduct to continue to be engaged in if the person knows that engagement in that conduct will cause, or is likely to cause, a serious public health risk; or

allow or permit conduct to continue to be engaged in in a manner that the person knows will cause, or is likely to cause, a serious public health risk.

A person must not —

engage in conduct that the person ought reasonably to know will cause, or is likely to cause, a serious public health risk; or

engage in conduct in a manner that the person ought reasonably to know will cause, or is likely to cause, a serious public health risk; or

allow or permit conduct to be engaged in if the person ought reasonably to know that engagement in that conduct will cause, or is likely to cause, a serious public health risk; or

allow or permit conduct to be engaged in in a manner that the person ought reasonably to know will cause, or is likely to cause, a serious public health risk; or

allow or permit conduct to continue to be engaged in if the person ought reasonably to know that engagement in that conduct will cause, or is likely to cause, a serious public health risk; or

allow or permit conduct to continue to be engaged in in a manner that the person ought reasonably to know will cause, or is likely to cause, a serious public health risk.

A person must not —

engage in conduct that causes, or will cause, or is likely to cause, a serious public health risk; or

engage in conduct in a manner that causes, or will cause, or is likely to cause, a serious public health risk; or

allow or permit conduct to be engaged in if engagement in that conduct causes, or will cause, or is likely to cause, a serious public health risk; or

allow or permit conduct to be engaged in in a manner that causes, or will cause, or is likely to cause, a serious public health risk; or

allow or permit conduct to continue to be engaged in if engagement in that conduct causes, or will cause, or is likely to cause, a serious public health risk; or

allow or permit conduct to continue to be engaged in in a manner that causes, or will cause, or is likely to cause, a serious public health risk.

A person must not —

engage in conduct that the person knows will cause, or is likely to cause, a material public health risk; or

engage in conduct in a manner that the person knows will cause, or is likely to cause, a material public health risk; or

allow or permit conduct to be engaged in if the person knows that engagement in that conduct will cause, or is likely to cause, a material public health risk; or

allow or permit conduct to be engaged in in a manner that the person knows will cause, or is likely to cause, a material public health risk; or

allow or permit conduct to continue to be engaged in if the person knows that engagement in that conduct will cause, or is likely to cause, a material public health risk; or

allow or permit conduct to continue to be engaged in in a manner that the person knows will cause, or is likely to cause, a material public health risk.

A person must not —

engage in conduct that the person ought reasonably to know will cause, or is likely to cause, a material public health risk; or

engage in conduct in a manner that the person ought reasonably to know will cause, or is likely to cause, a material public health risk; or

allow or permit conduct to be engaged in if the person ought reasonably to know that engagement in that conduct will cause, or is likely to cause, a material public health risk; or

allow or permit conduct to be engaged in in a manner that the person ought reasonably to know will cause, or is likely to cause, a material public health risk; or

allow or permit conduct to continue to be engaged in if the person ought reasonably to know that engagement in that conduct will cause, or is likely to cause, a material public health risk; or

allow or permit conduct to continue to be engaged in in a manner that the person ought reasonably to know will cause, or is likely to cause, a material public health risk.

A person must not —

engage in conduct that causes, or will cause, or is likely to cause, a material public health risk; or

engage in conduct in a manner that causes, or will cause, or is likely to cause, a material public health risk; or

allow or permit conduct to be engaged in if engagement in that conduct causes, or will cause, or is likely to cause, a material public health risk; or

allow or permit conduct to be engaged in in a manner that causes, or will cause, or is likely to cause, a material public health risk; or

allow or permit conduct to continue to be engaged in if engagement in that conduct causes, or will cause, or is likely to cause, a material public health risk; or

allow or permit conduct to continue to be engaged in in a manner that causes, or will cause, or is likely to cause, a material public health risk.

In any proceedings against a person for an offence under this Part, it is a defence to prove that the person took all reasonable precautions and exercised all due diligence to prevent the commission of the offence.

The defence provided by subsection (1) does not apply unless it is proved that the person —

took reasonable steps to prevent or avoid the circumstances that gave rise to the public health risk, including by putting in place any systems or safeguards that might reasonably be expected to be provided; and

complied with the requirements of any notice or order under this Act that related to the public health risk; and

as soon as becoming aware of the circumstances that gave rise to the public health risk —

reported those circumstances to an appropriate enforcement agency; and

took all reasonable steps necessary to prevent or reduce the public health risk.

If the person is an employer, then in addition to the things that must be proved under subsection (2), it must also be proved that the person —

had proper systems and safeguards in place to prevent the circumstances that gave rise to the public health risk; and

actively promoted and enforced compliance with this Act.

This section applies if, on the trial of a person charged with an offence under a provision in Column 1 of the Table, the court —

is not satisfied that the person committed the offence; but

is satisfied that the person committed an offence under a provision opposite that provision in Column 2 of the Table (a corresponding provision).

In that case, the court may find the person not guilty of the offence charged but guilty of an offence under the corresponding provision, and the person is liable to be punished accordingly.

In determining the appropriate punishment to impose on a person found guilty of an offence under this Part, the court must have regard to —

the extent of the public health risk caused, or likely to have been caused, by the commission of the offence; and

the practical measures that could have been taken to prevent, control or abate that risk; and

the extent to which the person who committed the offence could reasonably have foreseen that risk; and

the extent to which the person who committed the offence had control over the circumstances that gave rise to that risk; and

whether, in committing the offence, the person was complying with orders given to the person in the course of his or her employment.

Nothing in this section limits the powers of a court under the Sentencing Act 1995.

the State public health plan prepared by the Chief Health Officer under section 43; or

a local public health plan prepared by a local government under section 45.

The Chief Health Officer must prepare a public health plan (the State public health plan) that applies to the whole of the State.

The State public health plan must —

identify the public health needs of the State; and

include an examination of data relating to health status and health determinants in the State; and

establish objectives and policy priorities for —

the promotion, improvement and protection of public health in the State; and

the development and delivery of public health services in the State;

identify how, based on available evidence, the objectives and policy priorities referred to in paragraph (c) are proposed to be achieved; and

describe how the Chief Health Officer proposes to work with local governments and other bodies undertaking public health initiatives, projects and programmes to achieve the objectives and policy priorities referred to in paragraph (c); and

include a strategic framework for the identification, evaluation and management of public health risks in the State and any other matters relating to public health risks in the State —

that the Chief Health Officer considers appropriate to include in the plan; or

that are required to be included in the plan by the regulations.

The Chief Health Officer must review the State public health plan each year and may amend or replace it at any time.

Unless it is sooner replaced, the State public health plan must be replaced at the end of the period of 5 years after it was prepared.

The Chief Health Officer must prepare the first State public health plan not later than 12 months after this section comes into operation.

The Chief Health Officer must make the current State public health plan publicly available without charge.

The Chief Health Officer may comply with subsection (1) in any way the Chief Health Officer considers appropriate, including (without limitation) by making the current State public health plan available on a website maintained by or on behalf of the Department.

This section does not limit section 22(3)(b).

A local government must prepare a public health plan (a local public health plan) that applies to its local government district.

A local public health plan must be consistent with the State public health plan.

A local public health plan may be prepared in conjunction with a plan for the future of the local government district prepared under the Local Government Act 1995 section 5.56.

A local public health plan must —

identify the public health needs of the local government district; and

include an examination of data relating to health status and health determinants in the local government district; and

establish objectives and policy priorities for —

the promotion, improvement and protection of public health in the local government district; and

the development and delivery of public health services in the local government district;

identify how, based on available evidence, the objectives and policy priorities referred to in paragraph (c) are proposed to be achieved; and

describe how the local government proposes to work with the Chief Health Officer and other bodies undertaking public health initiatives, projects and programmes to achieve the objectives and policy priorities referred to in paragraph (c); and

include a strategic framework for the identification, evaluation and management of public health risks in the local government district and any other matters relating to public health risks in the local government district —

that the local government considers appropriate to include in the plan; or

that are required to be included in the plan by the Chief Health Officer or the regulations;

include a report, in accordance with the regulations, on the performance by the local government of its functions under this Act.

A local government must review its local public health plan each year and may amend or replace it at any time.

Unless it is sooner replaced, a local public health plan must be replaced at the end of the period of 5 years after it was prepared.

A local government must prepare its first local public health plan not later than 2 years after this section comes into operation.

A local government must make its current local public health plan publicly available without charge.

A local government may comply with subsection (1) in any way the local government considers appropriate, including (without limitation) by making the current local public health plan available on a website maintained by or on behalf of the local government.

The Chief Health Officer may, by notice in writing, direct a local government to provide the Chief Health Officer with all or any of the following —

a copy of the local government’s current local public health plan;

a copy of any amendments to the local government’s current local public health plan.

A notice under subsection (1) may —

direct a local government to supply a copy of a particular local public health plan or particular amendments to a plan; or

direct a local government to supply, on an ongoing basis, a copy of all local public health plans or amendments to plans prepared after a specific date; or

do both of those things.

A direction under subsection (1) to a local government must specify a time frame for compliance with the direction, and the local government must comply with the direction within that time frame.

The Chief Health Officer may at any time, by notice in writing, amend or revoke a direction given under subsection (1).

registrable; or

licensable; or

both registrable and licensable.

To avoid doubt, this Part applies to —

registrable activities carried on by the Crown in any capacity; and

licensable activities carried on by any individual in their capacity as an employee, agent or officer of the Crown.

This section is subject to Part 17.

In this section —

A person, other than an exempt person, must not carry on a registrable activity at any premises unless the registrable activity is registered in respect of those premises under this Division.

The appropriate enforcement agency may register a registrable activity in respect of any premises for the purposes of this Division.

A person who proposes to carry on a registrable activity at any premises may apply, in the approved form, to the appropriate enforcement agency for the registration of the registrable activity in respect of those premises under this Division.

The application must be accompanied by —

any plans, specifications or other documents or information that the appropriate enforcement agency reasonably requires for a proper consideration of the application; and

either —

if the appropriate enforcement agency is a local government, the fee, if any, imposed by the agency in accordance with section 294; or

in any other case, the fee, if any, prescribed by the regulations.

After considering the application, the appropriate enforcement agency may —

grant the application, with or without conditions; or

refuse the application.

In deciding whether to grant or refuse the application, the appropriate enforcement agency must have regard to any matters prescribed by the regulations for the purposes of this subsection.

If the appropriate enforcement agency grants the application, the agency must issue the applicant with a certificate of registration, in the approved form, that —

specifies the premises and the registrable activity in respect of which the registration is granted; and

sets out any conditions to which the registration is subject.

If the appropriate enforcement agency refuses the application, the agency must give written notice of the refusal to the applicant setting out the reasons for the refusal.

The registration of a registrable activity in respect of any premises under this Division remains in force until cancelled.

Subsection (1) is subject to section 72(2).

The regulations may prescribe an annual or other fee in relation to the registration of a registrable activity in respect of any premises, to be paid by the time the regulations require the payment to be made.

If the appropriate enforcement agency is a local government, the agency may, in accordance with section 294, impose an annual or other fee in relation to the registration of a registrable activity in respect of any premises, to be paid by the time the agency requires the payment to be made.

The appropriate enforcement agency, either on its own initiative or on the application of the holder of the certificate of registration, may vary the conditions of, suspend or cancel the registration of a registrable activity registered by the agency in respect of any premises under this Division.

The registration of a registrable activity in respect of any premises may be suspended or cancelled on any grounds prescribed by the regulations or on any of these grounds —

the registration has been obtained by fraud or misrepresentation;

the holder of the certificate of registration has been convicted of an offence under this Act or a corresponding public health law;

the holder of the certificate of registration has failed to comply with a code of practice prescribed by the regulations in respect of the registrable activity that is registered in respect of those premises;

if the appropriate enforcement agency is a local government, any annual or other fee imposed by the agency in relation to the registration of the registrable activity in respect of those premises has not been paid by the time the agency requires the payment to be made;

in a case where paragraph (d) does not apply, any annual or other fee prescribed by the regulations in relation to the registration of the registrable activity in respect of those premises has not been paid by the time the regulations require the payment to be made;

any condition to which the registration of the registrable activity is subject has not been complied with;

the registrable activity has ceased to be carried on at those premises;

the holder of the certificate of registration has applied for the suspension or cancellation.

The appropriate enforcement agency may vary the conditions of, suspend or cancel the registration of a registrable activity in respect of any premises only —

after having given the holder of the certificate of registration —

written reasons for the agency’s intention to vary, suspend or cancel; and

an opportunity to make submissions;

after having considered any submissions made by that person.

Subsection (3) does not apply to the variation of the conditions, or the suspension or cancellation, of the registration in accordance with an application by the holder of the certificate of registration for the variation, suspension or cancellation.

A variation of the conditions, or the suspension or cancellation, of the registration of a registrable activity in respect of any premises —

must be by written notice; and

must be served on the holder of the certificate of registration; and

takes effect on the day on which the notice is served or on a later day specified in the notice.

Unless a longer period of suspension is requested by the holder of the certificate of registration, the registration of a registrable activity in respect of any premises cannot be suspended under section 71 for longer than 3 months.

While the registration of a registrable activity in respect of any premises is suspended under section 71, the registrable activity is to be regarded as not registered in respect of those premises.

If the registration of a registrable activity in respect of any premises is suspended under section 71 (other than at the request of the holder of the certificate of registration), the appropriate enforcement agency may, at any time before the suspension ceases, extend the period of suspension for one further period of not more than 3 months if the enforcement agency is satisfied that the ground for the suspension is continuing.

Section 71(5) applies with all necessary changes to the extension of a period of suspension as if it were the imposition of a period of suspension.

If the registration of a registrable activity in respect of any premises is suspended under section 71 —

in any case where the holder of the certificate of registration requested the suspension, the appropriate enforcement agency must immediately terminate the suspension if the holder requests that the suspension be terminated;

in any other case, the appropriate enforcement agency may, by written notice served on the holder of the certificate of registration, terminate the suspension if the enforcement agency is satisfied at any time that it is no longer necessary or appropriate for the suspension to continue.

A person who carries on, or who carried on, a registrable activity that is registered in respect of any premises under this Division must give written notification, in the approved form, to the appropriate enforcement agency of any of these occurrences —

the registrable activity ceases to be carried on at those premises;

the person ceases to carry on the registrable activity at those premises;

approval of any proposed alteration of those premises is sought from a public authority or other person or body.

A person must give the notification required under subsection (1) within 5 working days after the relevant occurrence takes place.

A person who carries on a registrable activity that is registered in respect of any premises under this Division must not make any change to the registrable activity carried on at those premises that is likely to affect the nature or extent of the public health risk from that activity unless —

the person has given written notification to the appropriate enforcement agency of the proposed change to the registrable activity; and

that change has been approved by the agency.

The registration of a registrable activity in respect of any premises is not transferable to any other premises.

The holder of a certificate of registration can transfer that certificate to another person, but only if the appropriate enforcement authority first approves the transfer.

An application for the approval of the transfer of a certificate of registration must be made and dealt with as if it were an application made under section 68 for the registration of the registrable activity in respect of the premises to which the certificate of registration relates, and that section applies accordingly with any necessary changes.

the grant or refusal of the application for the registration of the registrable activity in respect of those premises under this Division; or

the imposition of conditions on the registration of the registrable activity in respect of those premises on the application being granted; or

the variation of conditions of the registration of the registrable activity in respect of those premises; or

the suspension or cancellation of the registration of the registrable activity in respect of those premises; or

the refusal of an application to transfer the certificate of registration to another person.

An enforcement agency must prepare and maintain, in an approved form, a register listing the registrable activities that are registered by the agency under this Division and the premises in respect of which those activities are registered.

The register must contain any details prescribed by the regulations in respect of the registrable activities and premises listed in the register.

The register must be made publicly available, without charge, during normal business hours.

Without limiting subsection (3), the register may be made publicly available on a website maintained by or on behalf of the enforcement agency.

In this section —

A person, other than an exempt person, must not carry on a licensable activity unless the person holds an activity licence that authorises the person to carry on that activity.

for an individual — a fine of $20 000;

for a body corporate convicted under section 281 — a fine of $100 000.

The appropriate enforcement agency may grant an activity licence that authorises a person to carry on one or more licensable activities.

An activity licence —

may be granted only to an individual; and

is not transferable to another individual.

A person may apply, in the approved form, to the appropriate enforcement agency for an activity licence, specifying the licensable activity or activities that the person proposes to carry on.

The application must be accompanied by —

any documents or information that the appropriate enforcement agency reasonably requires for a proper consideration of the application; and

either —

if the appropriate enforcement agency is a local government, the fee, if any, imposed by the agency in accordance with section 294; or

in any other case, the fee, if any, prescribed by the regulations.

After considering an application for an activity licence, the appropriate enforcement agency may —

grant the application, with or without conditions; or

refuse the application.

In deciding whether to grant or refuse the application, the appropriate enforcement agency must have regard to any matters prescribed by the regulations for the purposes of this subsection.

If the appropriate enforcement agency grants an application for an activity licence, the agency must issue the applicant with an activity licence, in the approved form, that —

specifies the name of the person to whom the licence is issued; and

specifies the licensable activity or activities authorised to be carried on by the licence; and

sets out any conditions to which the licence is subject; and

specifies the period for which the licence remains in force.

If the appropriate enforcement agency refuses an application for an activity licence, the agency must give written notice of the refusal to the applicant setting out the reasons for the refusal.

Unless it is sooner cancelled, an activity licence remains in force, except while it is suspended, for the period specified in the licence.

An activity licence may be renewed under section 80.

A person who holds an activity licence may apply to the appropriate enforcement agency to renew the licence.

The application must be made before the activity licence expires.

Section 78(4) to (8) apply, with any necessary changes, to an application under this section.

A suspended activity licence may be renewed under this section, but the renewal of the licence does not affect the period of suspension.

If an application for the renewal of an activity licence is made but not dealt with before the licence expires —

the licence continues in force until the application is dealt with, but without affecting the period of suspension of a suspended activity licence; and

any renewal in that case is to be taken for all purposes to have taken effect on the day immediately following the day on which the licence would (but for the renewal) have expired.

The regulations may prescribe an annual or other fee in relation to an activity licence, to be paid by the time the regulations require the payment to be made.

If the appropriate enforcement agency is a local government, the agency may, in accordance with section 294, impose an annual or other fee in relation to an activity licence, to be paid by the time the agency requires the payment to be made.

The appropriate enforcement agency, either on its own initiative or on the application of the holder of the activity licence, may vary the conditions of, suspend or cancel an activity licence issued by the agency.

An activity licence may be suspended or cancelled on any grounds prescribed by the regulations or on any of these grounds —

the licence has been obtained by fraud or misrepresentation;

the holder of the licence has been convicted of an offence under this Act or a corresponding public health law;

the holder of the licence has failed to comply with a code of practice prescribed by the regulations in respect of a licensable activity authorised to be carried on by the licence;

if the appropriate enforcement agency is a local government, any annual or other fee imposed by the agency in relation to the licence has not been paid by the time the agency requires the payment to be made;

in a case where paragraph (d) does not apply, any annual or other fee prescribed by the regulations in relation to the licence has not been paid by the time the regulations require the payment to be made;

any condition to which the licence is subject has not been complied with;

the holder of the licence has ceased to carry on the licensable activity or activities authorised to be carried on by the licence;

the holder of the licence has applied for the suspension or cancellation.

The appropriate enforcement agency may vary the conditions of, suspend or cancel an activity licence only —

after having given the holder of the licence —

written reasons for the agency’s intention to vary, suspend or cancel; and

an opportunity to make submissions;

after having considered any submissions made by that person.

Subsection (3) does not apply to the variation of the conditions, or the suspension or cancellation, of an activity licence in accordance with an application by the holder of the licence for the variation, suspension or cancellation.

A variation of the conditions, or the suspension or cancellation, of an activity licence —

must be by written notice; and

must be served on the holder of the licence; and

takes effect on the day on which the notice is served or on a later day specified in the notice.

Unless a longer period of suspension is requested by the holder of the activity licence, an activity licence cannot be suspended under section 82 for longer than 3 months.

While an activity licence is suspended under section 82, the holder of the licence is to be regarded as not authorised to carry on the licensable activity to which the licence relates.

If an activity licence is suspended under section 82 (other than at the request of the holder of the licence), the appropriate enforcement agency may, at any time before the suspension ceases, extend the period of suspension for one further period of not more than 3 months if the enforcement agency is satisfied that the ground for the suspension is continuing.

Section 82(5) applies with all necessary changes to the extension of a period of suspension as if it were the imposition of a period of suspension.

If an activity licence is suspended under section 82 —

in any case where the holder of the licence requested the suspension, the appropriate enforcement agency must immediately terminate the suspension if the holder requests that the suspension be terminated;

in any other case, the appropriate enforcement agency may, by written notice served on the holder of the licence, terminate the suspension if the enforcement agency is satisfied at any time that it is no longer necessary or appropriate for the suspension to continue.

A person who holds an activity licence must give written notification, in the approved form, to the appropriate enforcement agency of any of these changes in relation to the licence —

the person ceases to carry on a licensable activity authorised to be carried on by the licence;

any change is made to a licensable activity authorised to be carried on by the licence that is likely to affect the nature or extent of the public health risk from that activity;

any other change in relation to the licence that is prescribed by the regulations.

The person must give the notification required under subsection (1) within 5 working days after the relevant change takes place.

for an individual — a fine of $10 000;

for a body corporate convicted under section 281 — a fine of $50 000.

the grant or refusal of the application for, or for the renewal of, the licence; or

the imposition of conditions on the licence on the application being granted; or

the variation of conditions of the licence; or

the suspension or cancellation of the licence.

An enforcement agency must prepare and maintain, in an approved form, a register listing the persons who hold an activity licence issued by the agency.

The register must contain any details prescribed by the regulations in respect of each person listed in the register.

The register may be prepared and maintained in conjunction with a register prepared and maintained by the enforcement agency under section 76.

The register must be made publicly available, without charge, during normal business hours.

Without limiting subsection (4), the register may be made publicly available on a website maintained by or on behalf of the enforcement agency.

Section 88 sets out principles that apply for the purposes of the application, operation and interpretation of this Part.

This section and section 88 do not limit section 3(2).

The spread of notifiable infectious diseases should be prevented or limited without unnecessarily restricting personal liberty or privacy, and in the application of this principle particular regard should be had to the principle of proportionality set out in section 3(2).

A person who is at risk of contracting a notifiable infectious disease must take all reasonable precautions to avoid contracting the disease.

A person who suspects that he or she may have a notifiable infectious disease must ascertain —

whether or not he or she has the disease; and

what precautions should be taken to prevent others from contracting the disease.

A person who has a notifiable infectious disease must take all reasonable precautions to ensure that others are not unknowingly placed at risk of contracting the disease.

To the extent to which the exercise of those rights does not infringe on the wellbeing of others, a person who is at risk of contracting, who suspects that he or she may have, or who has a notifiable infectious disease or a notifiable infectious disease‑related condition has these rights —

to be protected from unlawful discrimination;

to have his or her privacy respected;

to be given information about the medical and social consequences of the disease or condition and about any proposed medical treatment;

in the case of a notifiable infectious disease —

to have access to available and appropriate examination and treatment; and

to have that examination and treatment provided free of charge, but only if the requirements set out in subsection (6) are met.

The right to have an examination or treatment provided free of charge under subsection (5)(d)(ii) applies —

only if the examination or treatment is provided by a public health official; and

only to the extent that the examination or treatment is necessary to prevent the transmission of the disease to another person.

A failure to comply with the principles set out in section 88(2) to (4) does not of itself —

give rise to any right or remedy; or

constitute an offence.

However, a failure to comply with one or more of those principles may constitute grounds for action to be taken under this Act, including the issue of a test order or a public health order.

Section 88(5) does not confer on any person any legal right that is enforceable in a court of law.

Sections 87 and 88 do not limit the Equal Opportunity Act 1984 section 66U.

The regulations may declare —

a disease to be a notifiable infectious disease; or

a notifiable infectious disease to be an urgently notifiable infectious disease; or

a notifiable infectious disease to be a vaccine preventable notifiable infectious disease.

The Minister may, if he or she considers it to be necessary in the interests of public health because of urgent circumstances, by order declare —

a disease to be a notifiable infectious disease; or

a notifiable infectious disease to be an urgently notifiable infectious disease; or

a notifiable infectious disease to be a vaccine preventable notifiable infectious disease.

A notifiable infectious disease that is declared to be —

an urgently notifiable infectious disease may also be declared to be a vaccine preventable notifiable infectious disease; and

a vaccine preventable notifiable infectious disease may also be declared to be an urgently notifiable infectious disease.

If there is any conflict or inconsistency between a declaration by the regulations under subsection (1) and a declaration by the Minister under subsection (2), the Minister’s declaration prevails.

In this section —

The regulations may —

declare a medical condition, other than a notifiable infectious disease, to be a notifiable infectious disease‑related condition; or

declare a notifiable infectious disease‑related condition to be an urgently notifiable infectious disease‑related condition.

A medical condition cannot be declared to be a notifiable infectious disease‑related condition or an urgently notifiable infectious disease‑related condition unless it is a medical condition that —

is or may be caused by an infectious disease; or

is or may be a complication arising from an infectious disease; or

arises or may arise out of vaccination for an infectious disease.

The following medical conditions cannot be declared to be a notifiable infectious disease‑related condition or an urgently notifiable infectious disease‑related condition —

acute rheumatic fever;

rheumatic heart disease.

In this section —

An order is subsidiary legislation for the purposes of the Interpretation Act 1984.

The Interpretation Act 1984 section 42 applies to an order as if the order were regulations made under this Act.

An order comes into operation —

on the day on which it is made; or

on any later day specified in the order.

Despite subsection (2), the day on which an order comes into operation may be earlier than the day on which the order is published in the Gazette.

Unless sooner repealed, an order has effect for the period of 6 months, or any lesser period specified in the order, and expires at the end of that period.

If a medical practitioner or nurse practitioner forms the opinion that a patient of the practitioner has, or may have, a notifiable infectious disease or notifiable infectious disease‑related condition, the practitioner must notify the Chief Health Officer.

If a medical practitioner conducts a post mortem examination of a body and forms the opinion that the deceased person had, or may have had, a notifiable infectious disease or notifiable infectious disease‑related condition at the time of death, the medical practitioner must notify the Chief Health Officer.

If the analysis of a sample undertaken at a pathology laboratory indicates that the patient from whom the sample was taken has, or may have, a notifiable infectious disease or notifiable infectious disease‑related condition, the responsible pathologist of that pathology laboratory must notify the Chief Health Officer.

Notification under this section must be given —

as soon as is practicable, and in any event —

in the case of an urgently notifiable infectious disease or an urgently notifiable infectious disease‑related condition, within 24 hours; or

in the case of any other notifiable infectious disease or notifiable infectious disease‑related condition, within 72 hours;

in the approved form (if any).

Notification under this section, to the extent to which the medical practitioner, nurse practitioner or responsible pathologist has the information —

must include the name of the notifiable infectious disease or notifiable infectious disease‑related condition; and

must include the following information, unless the regulations provide otherwise —

the name, residential address, telephone numbers, email address, date of birth and gender of the patient;

the name, business address, telephone numbers and email address of the patient’s medical practitioner or nurse practitioner;

must include any other information prescribed by the regulations.

The information prescribed by the regulations for the purposes of subsection (5) may vary in respect of different notifiable infectious diseases or notifiable infectious disease‑related conditions.

A person who fails to notify the Chief Health Officer in accordance with section 94 commits an offence.

In any proceedings against a person for an offence under subsection (1) of failing to notify the Chief Health Officer, it is a defence to prove that the person believed on reasonable grounds that another person had given the Chief Health Officer the required notification.

no civil or criminal liability is incurred as a result of giving the notification; and

giving the notification is not to be regarded as —

a breach of any duty of confidentiality or secrecy imposed by law; or

a breach of professional ethics, professional standards or any principles of conduct applicable to the person’s employment; or

unprofessional conduct.

If a medical practitioner or nurse practitioner forms the opinion that a patient of the practitioner has a notifiable infectious disease or notifiable infectious disease‑related condition, the practitioner, as well as complying with the notification requirements under Division 2, must give the patient information about the disease or condition.

The information to be given to the patient under subsection (1) is —

in the case of a notifiable infectious disease, information about —

the patient’s obligations under section 88(2) to (4); and

the patient’s rights under section 88(5); and

preventing the transmission of the disease to any other person;

in the case of a notifiable infectious disease‑related condition, information about the patient’s rights under section 88(5); and

information about the medical practitioner’s or nurse practitioner’s obligation under section 94 to notify the Chief Health Officer about the notifiable infectious disease or notifiable infectious disease‑related condition; and

any information prescribed by the regulations.

The information prescribed by the regulations for the purposes of subsection (2)(d) may vary in respect of different notifiable infectious diseases or notifiable infectious disease‑related conditions.

A medical practitioner or nurse practitioner who, without reasonable excuse, fails to comply with the requirement in section 97 to give a patient of that practitioner the information required by subsection (2)(a)(i) or (iii) of that section commits an offence.

In any proceedings against a person for an offence under subsection (1) of failing to give a patient the information required by section 97, it is a defence to prove that the person believed on reasonable grounds that another person had given the patient the required information.

who for any reason is unable to give consent to being tested for a notifiable infectious disease; or

who is unconscious or otherwise unable —

to understand a request made to give consent to being tested for a notifiable infectious disease; or

to communicate whether or not he or she consents to being tested for a notifiable infectious disease;

a child; or

an incapable person;

related, by blood or marriage, to the incapable person; or

the incapable person’s de facto partner;

that is given by a person whom the Chief Health Officer reasonably believes is suitably qualified and experienced; and

that provides information about —

the risk of the transmission of the disease in the particular circumstances; and

the medical and social consequences of the transmission of the disease; and

how and where testing for the disease could be carried out;

in relation to a child, means any of the following persons —

a parent of the child;

a guardian of the child;

another person who has responsibility for the day‑to‑day care of the child;

if no person mentioned in another subparagraph of this paragraph is available, a person, or a person in a class of persons, prescribed by the regulations for the purposes of this subparagraph;

in relation to an incapable person, means any of the following persons —

a relative of the incapable person;

if the incapable person is under 18 years of age, a guardian of the incapable person or another person who has responsibility for the day‑to‑day care of the incapable person;

a person who is a guardian of the incapable person under the Guardianship and Administration Act 1990;

a person who is an enduring guardian of the incapable person under the Guardianship and Administration Act 1990 and is authorised to perform functions in relation to the incapable person in the circumstances in which this Division applies;

a person recognised as the incapable person’s representative under the Disability Services Act 1993 section 32(2);

a person who is a carer (as defined in the Carers Recognition Act 2004 section 4) in relation to the incapable person;

if no person mentioned in another subparagraph of this paragraph is available, a person, or a person in a class of persons, prescribed by the regulations for the purposes of this subparagraph.

The Chief Health Officer may make a test order in respect of a person (the relevant person) if the Chief Health Officer reasonably believes that —

an incident has occurred or a circumstance has arisen that could have resulted in —

the relevant person, or biological material from the relevant person, directly or indirectly transmitting a notifiable infectious disease to another person; or

a notifiable infectious disease being transmitted to the relevant person;

the relevant person —

has been given relevant counselling; or

has been offered relevant counselling, but has refused the offer or has failed to take up the offer within a reasonable time; or

is a protected person;

any of the following apply —

if paragraph (b)(i) or (ii) applies, the relevant person has refused to be tested for the disease or has failed to be tested for the disease within a reasonable time;

if paragraph (b)(iii) applies, a person entitled to consent to the relevant person being tested for the disease has refused that consent or has failed to give that consent within a reasonable time, after being given relevant counselling or, after having been offered relevant counselling, having refused or failed to take up the offer within a reasonable time;

if paragraph (b)(iii) applies, it is not practicable in the circumstances to obtain, from someone else, consent to the relevant person being tested for the disease;

testing the relevant person for the disease is necessary for the purposes of determining what steps (if any) need to be taken with respect to the clinical or public health management and, if appropriate, treatment of the relevant person or another person.

The Chief Health Officer may make a test order in respect of a deceased person if the Chief Health Officer reasonably believes that —

either —

before or after the person’s death, an incident has occurred or a circumstance has arisen that could have resulted in the deceased person, or biological material from the deceased person, directly or indirectly transmitting a notifiable infectious disease to another person; or

before the person’s death, an incident has occurred or a circumstance has arisen that could have resulted in a notifiable infectious disease being transmitted to the deceased person;

testing the deceased person for the disease is necessary for the purposes of determining what steps (if any) need to be taken with respect to —

the public health management of the deceased person; or

the clinical or public health management and, if appropriate, treatment of another person.

Before making a test order in respect of a deceased person, the Chief Health Officer must consult with the senior next of kin of the deceased, unless the Chief Health Officer reasonably believes that it is not practical in the circumstances to undertake that consultation.

A test order must be in writing and must include the following —

details of the incident or circumstance to which the order relates;

the name of the person to be tested under the order;

if the person to be tested under the order is a protected person or a deceased person —

in the case of a protected person, the name of a responsible person; or

in the case of a deceased person, the name of the person who has lawful custody of the deceased person’s body;

the name of the notifiable infectious disease for which the person is to be tested;

the kind of sample to be obtained under the order;

where and when the sample is to be obtained;

a statement that section 109 confers a right to apply to the State Administrative Tribunal for a review of the decision to make the order;

a statement that the person who is required to comply or facilitate compliance with the order has the right to obtain legal advice and to communicate with a lawyer;

a statement that force may be used to enforce the order;

a warning that failure to comply or, as the case requires, facilitate compliance with the order is an offence.

A test order must be served personally on —

unless paragraph (b) or (c) applies, the person to be tested under the order; or

if the person to be tested under the order is a protected person, the responsible person named in the order; or

if the person to be tested under the order is a deceased person, the person who has lawful custody of the deceased person’s body.

A test order may be made subject to any reasonable conditions that the Chief Health Officer considers appropriate and specifies in the order.

The Chief Health Officer may, by further order under section 100, vary or revoke a test order, and the variation or revocation of the order must be served personally on the person on whom the original order was served.

A test order, or a variation to a test order, does not take effect until it is served personally in accordance with subsection (2) or (4), as the case requires.

The Chief Health Officer must ensure that a person to be tested under a test order (other than a protected person or a deceased person) is informed in language likely to be readily understood by the person —

of the person’s obligations under section 88(2) to (4); and

of the person’s rights under section 88(5); and

of the person’s right under section 109 to apply to the State Administrative Tribunal for a review of the decision to make the order; and

that the person has a right to obtain legal advice and to communicate with a lawyer; and

about the purpose and effect of the order; and

that force may be used to enforce the order; and

that failure to comply with the order is an offence.

If the person to be tested under a test order is a protected person or a deceased person, the Chief Health Officer must ensure that a suitably modified version of the explanation required by subsection (1) is given to the person on whom the test order is served in accordance with section 101(2).

Subsections (1) and (2) apply with all necessary changes if a test order is varied.

Failure to comply with this section does not invalidate a test order.

A test order (other than an order that relates to a protected person or a deceased person) —

authorises a sample of the kind specified in the order to be obtained from the person in accordance with the order; and

requires the person named in the order to give a sample of the kind specified in the order, or to submit to the taking of a sample of that kind, in accordance with the order.

A test order that relates to a protected person —

authorises a sample of the kind specified in the order to be obtained from the protected person in accordance with the order; and

requires the responsible person named in the order to take all reasonable steps to enable that sample to be obtained or taken in accordance with the order.

A test order that relates to a deceased person —

authorises a sample of the kind specified in the order to be taken from the deceased person’s body in accordance with the order; and

requires the person who has lawful custody of the deceased person’s body to take all reasonable steps to enable that sample to be taken in accordance with the order.

A test order also authorises the sample to be tested for the notifiable infectious disease named in the order.

A person named in a test order who, without reasonable excuse, fails to comply with the requirement in section 103(1) to give a sample of the kind specified in the order, or to submit to the taking of a sample of that kind, in accordance with the order commits an offence.

A responsible person named in a test order who, without reasonable excuse, fails to comply with the requirement in section 103(2)(b) to take all reasonable steps to enable a sample to be obtained or taken in accordance with the order commits an offence.

A person who is named in a test order as the person who has lawful custody of a deceased person’s body and who, without reasonable excuse, fails to comply with the requirement in section 103(3)(b) to take all reasonable steps to enable a sample to be taken in accordance with the order commits an offence.

the person from whom the sample is obtained or taken;

if section 100(1)(b)(iii) applies to the person, any responsible person;

if the person from whom the sample is taken is a deceased person, the person who has lawful custody of the deceased person’s body or the deceased person’s estate.

An authorised officer may enforce a test order.

For the purposes of enforcing a test order, an authorised officer may request the assistance of a police officer.

An authorised officer or police officer may use reasonable force to enforce a test order, including, if necessary —

to apprehend the person to be tested under the order (the relevant person) and detain the relevant person for as long as is reasonably necessary to enable the test order to be carried out; and

to take the relevant person to the place where the test order is to be carried out; and

to restrain the relevant person to enable the sample that is the subject of the test order to be obtained or taken in accordance with section 110; and

to remove anything (including underwear) that the relevant person is wearing, if —

the removal of the thing is reasonably necessary to enable the sample that is the subject of the test order to be obtained or taken; and

the relevant person is given a reasonable opportunity to remove the thing himself or herself, and refuses or fails to do so.

Without limiting subsection (3), the force that an authorised officer or police officer may use to enforce a test order includes any force that it is reasonably necessary to use in the circumstances to overcome any resistance to the enforcement of the test order (including the obtaining or taking of the sample that is the subject of the order) that is offered by the relevant person, or that the authorised officer or police officer reasonably suspects will be offered by the relevant person.

If any action taken under subsection (3) involves the removal of an item of clothing —

it must be done with decency and sensitivity and in a manner that gives to the relevant person the degree of privacy and dignity that is consistent with carrying out the test order; and

the authorised officer or police officer taking the action and any other person present while it is done (excluding the person who is obtaining or taking the sample that is the subject of the test order) must, if practicable, be of the same gender as the relevant person; and

the number of people present while it is done (excluding a person who is present under paragraph (d)) must be no more than is reasonably necessary to ensure that the test order is carried out effectively and to ensure the safety of all present; and

if the relevant person is a protected person, it must, if practicable, be done in the presence of a responsible person or some other person who can provide the protected person with support and represent his or her interests.

If an authorised officer is satisfied that it is necessary to do so to enforce a test order, the authorised officer may apply to a magistrate —

for a warrant for the apprehension of the person to be tested under the order; or

if the person named in the order is a deceased person, for a warrant authorising entry to the place where the deceased person’s body is reasonably believed to be.

The application —

must be made in accordance with sections 247 and 248, and those sections apply with all necessary changes; and

must be determined in private.

If the magistrate is satisfied that there are reasonable grounds for the application to have been made under subsection (1), the magistrate must issue a warrant accordingly.

The magistrate must cause a record to be made (on the warrant or otherwise) of the matters of fact on which the magistrate has relied to justify the issue of the warrant.

The warrant authorises the person specified in the warrant (and any police officer accompanying that person under section 108(1)(a)) —

to enter, at any time, any place where the person (or as the case requires, the body of the deceased person) to be tested under the test order is reasonably believed to be, using any force that is reasonably necessary to do so; and

to search the place for the purpose of finding the person or the person’s body, as the case requires; and

if the person named in the order is not a deceased person, to apprehend the person and —

to detain the person for as long as is reasonably necessary to enable the test order to be carried out; and

if necessary, to take that person to the place where the test order is to be carried out;

if the person named in the order is a deceased person, to take possession of the body of the person and (if necessary) take it to a place to enable the test order to be carried out.

A person executing a warrant issued under section 107 who is not a police officer —

may be accompanied by a police officer if necessary for the effective exercise of the powers conferred by the warrant and that section; and

must produce the warrant for inspection by a person occupying the place concerned if asked by the person to do so.

The warrant remains in force —

for the period (not exceeding 30 days) specified in the warrant as the period during which it remains in force; or

if no period is so specified, for 30 days from the date of its issue.

However, the warrant ceases to be in force when it is executed.

A person who is named in a test order as the person to be tested under the order may apply to the State Administrative Tribunal for a review of the decision to make the order.

If a test order authorises a sample to be taken from a deceased person’s body, any of the following persons may apply to the State Administrative Tribunal for a review of the decision to make the order —

the person who has lawful custody of the deceased person’s body;

the senior next of kin of the deceased.

The State Administrative Tribunal must hear and determine the application as soon as is practicable.

A sample that is the subject of a test order —

may be obtained or taken only by a medical practitioner, nurse, midwife or other appropriately qualified person; and

must be obtained or taken in accordance with accepted medical practice with respect to the obtaining or taking of a sample of that kind.

This section does not limit section 106.

If a sample that is the subject of a test order is tested for a notifiable infectious disease, the following persons must ensure that the results of the test are reported to the Chief Health Officer as soon as is practicable —

if the sample is tested at a pathology laboratory, the responsible pathologist (as defined in section 93);

if paragraph (a) does not apply, the pathologist or other person who tested the sample;

if the results of the test are reported to the medical practitioner, nurse, midwife or qualified person who took the sample, that medical practitioner, nurse, midwife or qualified person.

As soon as is practicable after receiving the test results, the Chief Health Officer must give notice of the test results to the following persons —

the person from whom the sample tested was obtained or taken, unless that person is a protected person or a deceased person;

if the person from whom the sample tested was obtained or taken is a protected person, the responsible person named in the test order;

if the person from whom the sample tested was taken is a deceased person —

the person named in the test order as the person having lawful custody of the deceased person’s body; or

if the deceased person died after the sample was taken, the senior next of kin of the deceased;

any person to whom a notifiable infectious disease could have been transmitted, as referred to in section 100(1)(a) or (2)(a), but only if the information is necessary —

for the clinical or public health management of that person; or

to inform that person that the test results were negative;

any medical practitioner, nurse, midwife or other person who requires or might require the information for the purposes of —

the clinical or public health management of the person from whom the sample tested was obtained or taken or a person to whom paragraph (d) applies; or

if the person from whom the sample tested was obtained or taken is a deceased person, the public health management of the deceased person.

When giving notice of test results to a person under section 111(2)(d), the Chief Health Officer —

must not include any information that would identify the person from whom the sample tested was obtained or taken; and

must warn the person given notice of the test results —

of the obligation imposed by subsection (2); and

that breach of that obligation is an offence.

A person given notice of test results under section 111(2)(d) must not disclose, communicate or make a record of anything in those results that would identify the person from whom the sample tested was obtained or taken.

no civil or criminal liability is incurred as a result of making that report; and

making the report is not to be regarded as —

a breach of any duty of confidentiality or secrecy imposed by law; or

a breach of professional ethics or standards or any principles of conduct applicable to the person’s employment; or

unprofessional conduct.

a child; or

an incapable person;

related, by blood or marriage, to the incapable person; or

the incapable person’s de facto partner;

in relation to a child, means any of the following persons —

a parent of the child;

a guardian of the child;

another person who has responsibility for the day‑to‑day care of the child;

if no person mentioned in another subparagraph of this paragraph is available, a person, or a person in a class of persons, prescribed by the regulations for the purposes of this subparagraph;

in relation to an incapable person, means any of the following persons —

a relative of the incapable person;

a person who is a guardian of the incapable person under the Guardianship and Administration Act 1990;

a person who is an enduring guardian of the incapable person under the Guardianship and Administration Act 1990 and is authorised to perform functions in relation to the incapable person in the circumstances in which this Division applies;

a person recognised as the incapable person’s representative under the Disability Services Act 1993 section 32(2);

a person who is a carer (as defined in the Carers Recognition Act 2004 section 4) in relation to the incapable person;

if no person mentioned in another subparagraph of this paragraph is available, a person, or a person in a class of persons, prescribed by the regulations for the purposes of this subparagraph.

The Chief Health Officer may make a public health order in respect of a person if the Chief Health Officer reasonably believes that —

the person —

has a notifiable infectious disease; or

has been exposed to a notifiable infectious disease, and may develop that disease;

the person is behaving, or may behave, in a way that (if the person has or develops the disease) will transmit, or is likely to transmit, the disease to another person; and

there is a material public health risk; and

any of the following applies —

the person has been given counselling;

reasonable attempts have been made to give the person counselling;

it is not practicable to give the person counselling before making the order;

making a public health order is necessary to prevent or minimise the material public health risk posed by the person.

A public health order must —

be in writing in the approved form; and

name the person to whom it applies; and

name the notifiable infectious disease the person is believed to have or to which the person is believed to have been exposed, as the case requires; and

set out the details of what the order requires the person to whom it applies to do or refrain from doing; and

give details of the circumstances that the Chief Health Officer considers justify making the order; and

set out the following information —

an explanation of the person’s obligations under section 88(2) to (4);

an explanation of the person’s rights under section 88(5);

a statement that the person has the right under section 127 to apply to the State Administrative Tribunal for a review of the decision to make the order;

a statement that the person has the right to obtain legal advice and to communicate with a lawyer;

state that force may be used to enforce the order; and

contain a warning that failure to comply with the order is an offence; and

include any matters prescribed by the regulations.

When making a public health order, the Chief Health Officer must take into account the principle that any requirement of the order restricting the liberty of the person to whom the order applies should be imposed only if it is the only effective way to ensure that public health is not endangered or likely to be endangered.

A public health order may include ancillary or incidental directions and may be made subject to any reasonable conditions that the Chief Health Officer considers appropriate and specifies in the order.

The Chief Health Officer may, by further order under this section, vary or revoke a public health order.

A public health order may require the person to whom it applies to do one or more of these —

to refrain from specified conduct, either absolutely or unless specified conditions are satisfied;

to refrain from carrying out specified activities (for example, without limitation, employment, use of public transport or participation in certain events), either absolutely or unless specified conditions are satisfied;

to undergo counselling by a specified person or one or more persons within a specified class of persons;

to refrain from visiting a specified place, or a place within a specified class of places, either absolutely or unless specified conditions are satisfied;

to refrain from associating with specified persons or specified classes of persons, either absolutely or unless specified conditions are satisfied;

to submit to specified supervision;

to undergo a specified medical examination, or specified medical treatment, at a specified time and place;

to take specified action to prevent or minimise the public health risk posed by the person;

to reside at a specified place and, if considered to be appropriate by the Chief Health Officer, to remain isolated at that place;

to submit to being detained at a specified place for the purpose of undergoing a medical examination or medical treatment;

to submit to being detained or isolated, or detained and isolated, at a specified place.

A public health order that requires a person to undergo a medical examination authorises —

the carrying out of that medical examination in accordance with the order; and

the testing of any sample obtained or taken in connection with that medical examination.

A public health order that requires a person to undergo medical treatment authorises —

the giving of medical treatment to that person in accordance with the order; and

the testing of any sample obtained or taken in connection with that medical treatment.

Subsections (2) and (3) do not limit what a person can do for the purposes of, or in connection with, the enforcement or administration of a public health order.

A public health order, and any variation to or revocation of a public health order, must be served personally on the person to whom it applies.

However, if the person to whom the public health order applies is a protected person, the public health order, and any variation to or revocation of the order, must be served personally on a responsible person.

A public health order, or a variation to or revocation of a public health order, does not take effect until it is served personally in accordance with subsection (1) or (2), as the case requires.

The Chief Health Officer must ensure that a person to whom a public health order applies is informed in language likely to be readily understood by the person —

of the person’s obligations under section 88(2) to (4); and

of the person’s rights under section 88(5); and

of the person’s right under section 127 to apply to the State Administrative Tribunal for a review of the decision to make the order; and

that the person has the right to obtain legal advice and to communicate with a lawyer; and

about the purpose and effect of the order; and

that force may be used to enforce the order; and

that failure to comply with the order is an offence.

If the person to whom a public health order applies is a protected person —

a suitably modified version of the explanation required by subsection (1) is also to be given to the responsible person on whom the order is personally served in accordance with section 118(2); and

without limiting paragraph (a), the explanation must also inform the responsible person of his or her obligations under section 123.

This section applies, with all necessary changes, to a variation to a public health order.

Failure to comply with this section does not invalidate a public health order.

If a person is detained under section 117(1)(j) or (k) —

the Chief Health Officer must review the person’s detention at intervals not greater than 28 days to determine whether the detention of the person continues to be required; and

the person is entitled to obtain legal advice and to communicate with a lawyer; and

if the detained person is a protected person, the person is entitled to be represented by a responsible person.

The Chief Health Officer must ensure that a person who is detained under section 117(1)(j) or (k) is immediately released from that detention if —

following a review under subsection (1)(a), the Chief Health Officer determines that the detention of the person is no longer required; or

in the case of a person who is detained under section 117(1)(j), the medical examination or medical treatment for which the person was detained has been completed; or

for any other reason, the detention of the person under the public health order is no longer required.

The Chief Health Officer must give written notice to the Minister —

that a person has been detained under section 117(1)(j) or (k); or

that following a review under section 120(1)(a), a person is to continue to be detained under section 117(1)(j) or (k); or

that a person detained under section 117(1)(j) or (k) has been released from detention.

A notice under subsection (1) —

must be given as soon as is practicable; and

must include —

an identifier (for example a number or code) that uniquely identifies the person detained without disclosing their identity; and

the reasons for the detention, continued detention or release from detention, of the person.

If a public health order is personally served on a responsible person in accordance with section 118(2), the responsible person must take all reasonable steps to ensure that the person in relation to whom the public health order is in effect complies with the order.

A responsible person who, without reasonable excuse, fails to comply with the requirement in subsection (1) commits an offence.

An authorised officer may enforce a public health order.

For the purposes of enforcing a public health order, an authorised officer may request the assistance of a police officer.

An authorised officer or police officer may use reasonable force to enforce a public health order, including, if necessary —

to apprehend and detain the person to whom the order applies (the relevant person) and take the relevant person to —

a place where a medical examination or medical treatment is to be carried out in accordance with the order; or

the place where the relevant person is required under the order to be;

to detain the relevant person at the place where he or she is required under the order to be; and

to restrain the relevant person to enable a medical examination or medical treatment to be carried out; and

to remove anything (including underwear) that the relevant person is wearing, if —

the removal of the thing is reasonably necessary to enable a medical examination or medical treatment to be carried out; and

the relevant person is given a reasonable opportunity to remove the thing himself or herself, and refuses or fails to do so.

Without limiting subsection (3), the force that an authorised officer or police officer may use to enforce a public health order includes any force that it is reasonably necessary to use in the circumstances to overcome any resistance to the enforcement of the public health order (including enabling a medical examination or medical treatment to be carried out) that is offered by the relevant person, or that the authorised officer or police officer reasonably suspects will be offered by the relevant person.

If any action taken under subsection (3) involves the removal of an item of clothing —

it must be done with decency and sensitivity and in a manner that gives to the relevant person the degree of privacy and dignity that is consistent with carrying out the public health order; and

the authorised officer or police officer taking the action and any other person present while it is done (excluding any person who is carrying out any medical examination or medical treatment) must, if practicable, be of the same gender as the relevant person; and

the number of people present while it is done (excluding a person who is present under paragraph (d)) must be no more than is reasonably necessary to ensure that the public health order is carried out effectively and to ensure the safety of all present; and

if the relevant person is a protected person, it must, if practicable, be done in the presence of a responsible person or some other person who can provide the protected person with support and represent his or her interests.

If an authorised officer is satisfied that it is necessary to do so to enforce a public health order, the authorised officer may apply to a magistrate for a warrant for the apprehension of the person to whom the order applies.

The application —

must be made in accordance with sections 247 and 248, and those sections apply with all necessary changes; and

must be determined in private.

If the magistrate is satisfied that there are reasonable grounds for the application to have been made under subsection (1), the magistrate must issue a warrant for the apprehension of the person to whom the public health order applies.

The magistrate must cause a record to be made (on the warrant or otherwise) of the matters of fact on which the magistrate has relied to justify the issue of the warrant.

The warrant authorises the person specified in the warrant (and any police officer accompanying that person under section 126(1)(a)) —

to enter, at any time, any place where the person to whom the public health order applies is reasonably believed to be, using any force that is reasonably necessary to do so; and

to search the place for the purpose of finding the person; and

to apprehend the person and take the person to a place to be dealt with in accordance with the public health order.

A person executing a warrant issued under section 125 who is not a police officer —

may be accompanied by a police officer if necessary for the effective exercise of the powers conferred by the warrant and that section; and

must produce the warrant for inspection by a person occupying the place concerned if asked by the person to do so.

The warrant remains in force —

for the period (not exceeding 30 days) specified in the warrant as the period during which it remains in force; or

if no period is so specified, for 30 days from the date of its issue.

However, the warrant ceases to be in force when it is executed.

A person to whom a public health order applies (the applicant) may apply to the State Administrative Tribunal for a review of —

the decision to make the order; or

if the order is varied under section 116(5), the decision to vary the order.

The State Administrative Tribunal must hear and determine the application as a matter of priority and urgency.

Without limiting the matters that the State Administrative Tribunal may consider in determining the application, the State Administrative Tribunal must consider —

the method by which the notifiable infectious disease named in the public health order is transmitted; and

the seriousness of the risk that the applicant may transmit that disease to other people; and

the past behaviour and likely behaviour of the applicant; and

the extent of the restrictions imposed on the applicant.

This section applies to a person in respect of whom a public health order is made if the order ceases to have effect —

as the result of being revoked by a further order made under section 116; or

as the result of —

the decision of the State Administrative Tribunal on a review under section 127; or

an appeal from that decision.

A further public health order may be made in respect of a person to whom this section applies only if the Chief Health Officer reasonably believes that, since the earlier public health order ceased to have effect, there has been a change in the person’s health or behaviour that increases the risk of the person transmitting a notifiable infectious disease to another person.

In this section —

This section applies if —

a person is subject to an order under a corresponding law; and

the terms of the order provide for matters that could be the subject (wholly or substantially) of a public health order under this Division; and

the person enters this State.

If this section applies, the order to which the person is subject operates in this State, in accordance with this section, as if it were a public health order made under this Division, but with the following modifications —

the order has the terms set out in the order or applying to it under the law of the jurisdiction in which it was made, with any variations made under subsection (5)(a) or section 116(5);

section 127(1)(a) does not apply.

An order that operates in this State under subsection (3) has no effect until a copy of the order (with or without any variations made under subsection (5)(a)) is served personally in accordance with section 118(1) or (2).

If an order operates in this State under subsection (3) —

the Chief Health Officer may, by written notice served in accordance with section 130(2), vary the order as it operates in this State, but only to the extent reasonably necessary for its effective operation in this State; and

the order ceases to operate in this State if —

the order expires or is revoked under the corresponding law; or

the Chief Health Officer revokes the order under section 116(5).

Section 119 applies, with all necessary changes, to an order to which section 129 applies as if the order were a public health order made under this Division.

If a notice is given under section 129(5)(a) varying an order to which section 129 applies —

sections 118 and 119 apply, with all necessary changes, to the notice; and

the person who is subject to the order may apply to the State Administrative Tribunal under section 127(1)(b) as if the order had been varied under section 116(5).

The variation, under section 129(5)(a), of an order to which section 129 applies does not prevent the order being varied under section 116(5).

The fact that an order to which section 129 applies has ceased to operate in this State does not prevent a public health order subsequently being made under this Division in relation to the same person.

The accountable authority of the Department must include the following information in each annual report submitted under the Financial Management Act 2006 Part 5 —

information about the number and the types of orders made by the Chief Health Officer under Division 4 or 5 in the financial year to which the annual report relates, and the reasons for making those orders;

information about the number of orders to which section 129 applies that began to operate in this State as public health orders in the financial year to which the annual report relates, and the reasons for taking steps to make the orders operational in this State.

The information included in an annual report under subsection (1) must not include any information that identifies, or is likely to identify, any person in respect of whom an order referred to in that subsection was made or relates.

means a person who has, or who is reasonably believed to have, a notifiable infectious disease; and

includes a deceased person who had, or who is reasonably believed to have had, a notifiable infectious disease at the time of his or her death;

in relation to an affected person, means —

a person (including a deceased person) who was, or who may have been, a source of the affected person’s notifiable infectious disease; or

a person (including a deceased person) who has been, or who may have been, exposed to a notifiable infectious disease by the affected person;

in relation to an exposed person, means —

a person (including a deceased person) who exposed, or who may have exposed, the exposed person to a notifiable infectious disease; or

a person (including a deceased person) who has been, or who may have been, exposed to a notifiable infectious disease by the exposed person;

means a person who has been, or who may have been, exposed to a notifiable infectious disease; and

includes a deceased person who, before his or her death, was or may have been exposed to a notifiable infectious disease;

in relation to an affected person or an exposed person, means a person who is —

related, by blood or marriage, to the affected person or exposed person; or

the affected person’s or exposed person’s de facto partner;

in relation to an affected person or exposed person who is deceased, includes a person who, immediately before the affected person’s or exposed person’s death, was a person referred to in paragraph (a)(i) or (ii);

If an authorised officer reasonably believes that a person has a notifiable infectious disease, the authorised officer may require the affected person to give the authorised officer the following information —

the affected person’s name, residential address, telephone numbers, email address, date of birth and gender;

information about any circumstances in which the affected person may have acquired, or been exposed to, the notifiable infectious disease;

information about any circumstances in which the affected person may have exposed another person to the notifiable infectious disease;

the name, residential address, telephone numbers, email address, date of birth and gender of any person the authorised officer reasonably believes is a contact person in relation to the affected person;

any other information prescribed by the regulations.

The information prescribed by the regulations for the purposes of subsection (1)(e) may vary in respect of different notifiable infectious diseases.

If an authorised officer reasonably believes that a person has been, or may have been, exposed to a notifiable infectious disease, the authorised officer may require the exposed person to give the authorised officer the following information —

the exposed person’s name, residential address, telephone numbers, email address, date of birth and gender;

information about any circumstances in which the exposed person may have been exposed to the notifiable infectious disease;

information about any circumstances in which the exposed person may have exposed another person to the notifiable infectious disease;

the name, residential address, telephone numbers, email address, date of birth and gender of any person the authorised officer reasonably believes is a contact person in relation to the exposed person;

any other information prescribed by the regulations.

The information prescribed by the regulations for the purposes of subsection (1)(e) may vary in respect of different notifiable infectious diseases.

This section applies if an authorised officer reasonably believes that a person is an affected person or an exposed person, and —

the affected person or exposed person, as the case requires —

is a child; or

is dead; or

for any other reason does not have the capacity to provide the required information;

the authorised officer, after making reasonable efforts, has been unable to identify or contact the affected person or exposed person.

If this section applies, the authorised officer may require any of the following persons to give the required information in relation to the affected person or the exposed person, as the case requires —

if the affected person or exposed person is a child, a parent or guardian of the child;

if the affected person or exposed person is believed to be attending, or to have attended, a school, community kindergarten, child care service, university or other educational institution, a teacher, lecturer, or other member of staff of the school, community kindergarten, child care service, university or educational institution;

a relative of the affected person or exposed person;

the affected person’s or exposed person’s employer or former employer;

any other person the authorised officer reasonably believes may be able to provide the required information.

An authorised officer may exercise the power in section 133, 134 or 135 in relation to another person only if —

the authorised officer —

first produces evidence of his or her designation as an authorised officer; or

has evidence of his or her designation as an authorised officer displayed so that it is clearly visible to the other person;

the authorised officer first explains to the person that the required information is needed to attempt to prevent or minimise the spread of the notifiable infectious disease.

However, if for any reason it is not practicable for an authorised officer to comply with a requirement specified in subsection (1) before exercising the power, the authorised officer must comply with that requirement as soon as it is practicable.

A person must not, without reasonable excuse, fail to comply with a requirement made by an authorised officer under section 133(1), 134(1) or 135(2).

Subsection (1) does not apply unless, when the authorised officer makes the requirement, the authorised officer informs the person that a failure to comply with the requirement may constitute an offence.

no civil or criminal liability is incurred in respect of giving the information; and

giving the information is not to be regarded as —

a breach of any duty of confidentiality or secrecy imposed by law; or

a breach of professional ethics, professional standards or any principles of conduct applicable to the person’s employment; or

unprofessional conduct.

This section applies if —

the Chief Health Officer is notified under section 94 that a contact person may be the source of, or may have been exposed to, a notifiable infectious disease; or

in response to a requirement made under section 133(1), 134(1) or 135(2), an authorised officer receives information that a contact person may be the source of, or may have been exposed to, a notifiable infectious disease.

If this section applies, the Chief Health Officer or, as the case requires, the authorised officer may take reasonable steps to ensure —

that the contact person is informed that he or she may be the source of, or may have been exposed to, a notifiable infectious disease; and

that the contact person is provided with information about the disease, including information about —

the contact person’s obligations under section 88(2) to (4); and

the contact person’s rights under section 88(5); and

preventing the transmission of the disease to any other person;

that the contact person is tested and, if necessary, treated for the disease.

In determining whether or not to take steps under subsection (2) and, if steps are to be taken, what steps, the Chief Health Officer or, as the case requires, the authorised officer must have regard to —

the degree of the risk of the contact person having the notifiable infectious disease or, as the case requires, having contracted, or contracting, the disease; and

any guidelines issued by the Chief Health Officer under section 140; and

any other relevant circumstances.

Without limiting subsection (2), the steps that the Chief Health Officer or authorised officer may take include requesting any of the following persons to do one or more of the things referred to in that subsection —

a medical practitioner;

a nurse practitioner;

any other person whom the Chief Health Officer or authorised officer considers appropriate in the circumstances.

If the contact person is a child or a person who for any other reason does not have the capacity to understand the information that would otherwise be provided to them under subsection (2)(a) or (b), the Chief Health Officer or, as the case requires, the authorised officer may take steps under subsection (2) to ensure that the information is instead provided to —

if the contact person is a child, a parent or guardian of the child; or

in any other case, a person who is a carer (as defined in the Carers Recognition Act 2004 section 4) in relation to the contact person.

The Chief Health Officer may issue guidelines in relation to the taking of steps under section 139 to do the things referred to in subsection (2) of that section.

Without limiting subsection (1), guidelines issued under this section may provide guidance about —

the circumstances in which it may or may not be appropriate to request another person to do those things; and

any follow‑up action that should be taken if another person is requested to do those things.

This section applies if —

the Chief Health Officer or an authorised officer is authorised under section 139 to take steps to ensure that a contact person (or if section 139(5) applies, some other person) is informed that the contact person may be the source of, or may have been exposed to, a notifiable infectious disease, and either —

himself or herself gives that information to the contact person or other person; or

requests another person under section 139(4) to inform the contact person or other person, and gives the person so requested information about the contact person;

a medical practitioner, nurse practitioner or other person is requested under section 139(4) to inform a contact person or other person that the contact person may be the source of, or may have been exposed to, a notifiable infectious disease.

If this section applies, and the Chief Health Officer, authorised officer, medical practitioner, nurse practitioner or other person gives the relevant information in good faith —

no civil or criminal liability is incurred in respect of giving the information; and

giving the information is not to be regarded as —

a breach of any duty of confidentiality or secrecy imposed by law; or

a breach of professional ethics, professional standards or any principles of conduct applicable to the person’s employment; or

unprofessional conduct.

the most recent date of an application for enrolment of the child in a school, community kindergarten or child care service; or

the day on which the certificate is otherwise required to be provided under this Act;

an extract of an entry in the Australian Immunisation Register; or

a certificate issued by the Chief Health Officer under section 141C(1); or

a document declared to be an immunisation certificate under section 141C(4);

having been immunised against, or having acquired immunity by infection from, all or specified vaccine preventable notifiable infectious diseases; or

not having been immunised against, and not having acquired immunity by infection from, all or specified vaccine preventable notifiable infectious diseases;

a parent of the child; or

a guardian of the child; or

another person who has responsibility for the day‑to‑day care of the child.

This section applies to a child enrolling in, or enrolled in, a school, community kindergarten or child care service.

The responsible person for the child is required to give to the person in charge of the school, community kindergarten or child care service the immunisation status of the child as recorded on the current immunisation certificate for the child —

when the child is being enrolled in the school, community kindergarten or child care service; and

at such other time or times as are prescribed by the regulations.

For the purposes of ensuring compliance with subsection (2), the person in charge may require the responsible person for the child to produce the current immunisation certificate for the child.

The person in charge must take all reasonable steps to ensure that the responsible person for the child complies with subsection (2).

The Chief Health Officer may issue an immunisation certificate for a child for the purposes of section 141B if —

the Chief Health Officer is —

satisfied that a circumstance prescribed by the regulations is applicable to the child; or

otherwise satisfied that a special circumstance is applicable to the child;

the Chief Health Officer is satisfied that, but for that circumstance, the child’s immunisation status would be up‑to‑date.

An immunisation certificate issued under subsection (1) remains in force for the period specified in the certificate or, if no period is specified, for an indefinite period.

The responsible person for a child may apply to the State Administrative Tribunal for a review of a decision by the Chief Health Officer to refuse to issue an immunisation certificate for the child under subsection (1).

The Chief Health Officer may, by notice published in the Gazette, declare a document or a class of documents to be an immunisation certificate for the purposes of section 141B.

Unless a child meets a requirement of subsection (2), the person in charge of a school, community kindergarten or child care service must not permit the child to enrol in —

the school, before the child’s compulsory education period; or

the community kindergarten; or

the child care service.

A child meets a requirement of this subsection if —

the immunisation certificate for the child states that the child’s immunisation status is up‑to‑date; or

the immunisation certificate for the child states that the Chief Health Officer is satisfied that, but for a circumstance mentioned in section 141C(1)(a), the child’s immunisation status would be up‑to‑date; or

the immunisation certificate for the child is a document, or a document belonging to a class of documents, declared to be an immunisation certificate under section 141C(4); or

the child is following a catch‑up schedule prescribed by the regulations; or

the person in charge is satisfied that the child is an exempt child.

Without limiting section 304(1), regulations may —

require the person in charge of a school, community kindergarten or child care service, when directed to do so by the Chief Health Officer, to give a report to the Chief Health Officer in respect of information given to the person about the immunisation status of —

a child enrolled at the school, community kindergarten or child care service; or

children enrolled at the school, community kindergarten or child care service;

require the person in charge of a school, community kindergarten or child care service, when directed to do so by the Chief Health Officer either when giving a direction under regulations made under paragraph (a) or at a later time, to give to the Chief Health Officer further information necessary to assist in preventing, controlling or abating a public health risk that might foreseeably arise from a child or children not being immunised against a vaccine preventable notifiable infectious disease, including —

the names of, and other identifying information in relation to, the child or children; and

the names and contact details of the responsible persons for the child or children;

in the case of a child at a school, community kindergarten or child care service who has contracted, or is reasonably believed to have contracted, a vaccine preventable notifiable infectious disease, require the person in charge of the school, community kindergarten or child care service to give to the Chief Health Officer a report in respect of the child; and

require the person in charge of a school, community kindergarten or child care service, when directed to do so by the Chief Health Officer, to ensure that a child who has not been immunised against a vaccine preventable notifiable infectious disease specified by the Chief Health Officer is not permitted to attend, or participate in an educational programme of, the school, community kindergarten or child care service for the period specified by the Chief Health Officer; and

require the person in charge of a school, community kindergarten or child care service, when directed to do so by the Chief Health Officer, to close the whole, or a part, of the school, community kindergarten or child care service for the period specified by the Chief Health Officer to limit or prevent the spread of a vaccine preventable notifiable infectious disease.

Despite subsection (1)(a) and (b), the regulations may provide that the person required to provide the relevant report or information when directed to do so by the Chief Health Officer is —

the chief executive officer, as defined in the School Education Act 1999 section 229; or

if the relevant information is held in an information management system established and maintained by another person or body, that other person or body.

In this section —

a school, before the child’s compulsory education period; or

a community kindergarten; or

a child care service.

The accountable authority of the Department must include the following information in each annual report submitted under the Financial Management Act 2006 Part 5 —

the number of enrolments in the financial year to which the annual report relates that were of a child whose immunisation certificate did not state that the child’s immunisation status is up-to-date;

in relation to the enrolments referred to in paragraph (a), the number that were of a child who, by the end of the financial year to which the annual report relates —

has an immunisation certificate that states that the child’s immunisation status is up-to-date; or

is following a catch-up schedule referred to in section 141D(2)(d).

The information included in an annual report under subsection (2) must not include any information that identifies, or is likely to identify, any child to whom the information relates.

The Chief Health Officer may establish one or more Case Management and Coordination Advisory Panels.

The function of an Advisory Panel is to advise the Chief Health Officer on the management of a person who has, or a group of persons who have, a notifiable infectious disease (whether or not a public health order applies to the person or persons).

An Advisory Panel is to consist of —

a lawyer; and

a person who is considered by the Chief Health Officer to be an expert in infectious diseases; and

a person who is considered by the Chief Health Officer to have knowledge of, and experience in representing, community or consumer interests; and

any other person who is considered by the Chief Health Officer to be an appropriate member of the Advisory Panel.

The members of an Advisory Panel are appointed by the Chief Health Officer, on terms and conditions determined by the Chief Health Officer.

The Chief Health Officer may determine, after consultation with the Minister for Public Sector Management, any remuneration and allowances to be paid to members of an Advisory Panel.

An Advisory Panel must perform its functions —

in accordance with any written direction given by the Chief Health Officer as to the scope or performance of its functions in the circumstances of the particular case; and

in accordance with any protocols determined under section 146.

Subject to this Division and the regulations (if any), an Advisory Panel may regulate its own procedure in whatever manner it thinks fit.

The Chief Health Officer may, in writing, determine protocols that must be complied with by Advisory Panels in the performance of their functions.

The Chief Health Officer must make any protocols determined under this section publicly available without charge.

The Chief Health Officer may comply with subsection (2) in any way the Chief Health Officer considers appropriate, including (without limitation) by arranging for the protocols to be made available on a website maintained by or on behalf of the Department.

Information (including confidential information) may be disclosed to an Advisory Panel in connection with the performance of its functions.

If a person discloses information to an Advisory Panel under subsection (1) —

no civil or criminal liability is incurred as a result of disclosing the information; and

disclosing the information is not to be regarded as —

a breach of any duty of confidentiality or secrecy imposed by law; or

a breach of professional ethics, professional standards or any principles of conduct applicable to the person’s employment; or

unprofessional conduct.

A member of an Advisory Panel must not make use of or disclose information gained as a result of, or in connection with, the functions of the Advisory Panel except —

to the extent necessary for the proper performance of those functions; or

as required or authorised under a written or other law; or

to a court or tribunal in the course of legal proceedings; or

in accordance with an order made, or a subpoena issued, by a court or tribunal; or

to the extent allowed by the regulations.

The Chief Health Officer may, for the purposes of preventing, controlling or abating a serious public health risk, authorise an authorised officer to exercise any of the serious public health incident powers.

The serious public health incident powers conferred on an authorised officer by an authorisation under subsection (1) are in addition to, and do not limit —

the powers conferred on the person as an authorised officer under Part 16; or

the powers the person may have under another written law or other law.

The Chief Health Officer may vary or revoke an authorisation under subsection (1).

state that the authorisation is given under this Division; and

generally describe the serious public health risk to which it relates; and

if the serious public health risk has arisen, name or describe the place at which the serious public health risk has arisen; and

specify the time at which the authorisation is given; and

specify the serious public health incident powers that may be exercised under the authorisation; and

specify the period during which the authorisation continues in force.

In this section —

An authorisation may be given orally or in writing.

If the authorisation is given orally, the Chief Health Officer must confirm it in writing as soon as is practicable.

related, by blood or marriage, to the impaired person; or

the impaired person’s de facto partner;

a relative of the impaired person; or

a person who is a guardian of the impaired person under the Guardianship and Administration Act 1990; or

a person who is an enduring guardian of the impaired person under the Guardianship and Administration Act 1990 and is authorised to perform functions in relation to the impaired person in the circumstances in which this Division applies; or

a person recognised as the impaired person’s representative under the Disability Services Act 1993 section 32(2); or

a person who is a carer (as defined in the Carers Recognition Act 2004 section 4) in relation to the impaired person; or

a person, or a person in a class of persons, prescribed by the regulations for the purposes of this definition.

A person may exercise a power conferred on an authorised officer under this Division if the person is authorised by the Chief Health Officer to exercise the power under section 152(1).

However, the power can be exercised only —

if the serious public health risk to which the authorisation relates has arisen; and

while that serious public health risk continues.

Subsection (2) does not limit section 190(1)(p).

An authorised officer may do all or any of these —

close any premises, or direct any person to close any premises;

direct any person to enter, not to enter, or to leave any premises;

direct any person to remain at any premises for any period specified by the officer;

enter any premises and search for and seize anything for the purpose of investigating, preventing, controlling or abating the serious public health risk;

require a person to provide information or answer questions for the purpose of investigating, preventing, controlling or abating the serious public health risk;

enter and inspect any premises for the purpose of preventing, controlling or abating the serious public health risk;

require any premises to be cleaned or disinfected for the purpose of preventing, controlling or abating the serious public health risk;

require the destruction or disposal of anything for the purpose of preventing, controlling or abating the serious public health risk;

direct any person to remain quarantined from other persons for any period, and in any reasonable manner, specified by the officer;

direct any person to undergo medical observation, medical examination or medical treatment or to be vaccinated, as specified by the officer;

take, or direct another person to take, any action that the authorised officer considers is reasonably necessary to prevent, control or abate the serious public health risk.

A power under subsection (1) to enter any premises may be exercised without a warrant or the consent of the occupier of the premises or, in the case of a vehicle, the owner of the vehicle.

The period specified under subsection (1)(c) or (i) must not be more than 24 hours unless the Chief Health Officer has authorised a longer period to be specified in relation to the person.

A direction under subsection (1)(a), (b), (c), (i), (j) or (k) may be given to a class of person or in respect of a class of premises.

A direction under subsection (1)(a), (b), (c), (i) or (k) that is given to a class of person or in respect of a class of premises —

need not be given directly to the persons to whom it applies; and

despite the Interpretation Act 1984 section 41 (to the extent to which it applies), need not be published in the Gazette; and

must be published in the manner that the Minister considers suitable in the circumstances of the serious public health incident.

If an authorised officer gives a direction to a person under section 157(1)(j) to undergo medical observation, medical examination or medical treatment or to be vaccinated, an authorised officer or police officer may use reasonable force to ensure that the direction is complied with, including, if necessary —

to apprehend and detain the person to whom the direction applies (the relevant person) and take the relevant person to a place where the person is required to undergo medical observation, medical examination or medical treatment or to be vaccinated in accordance with the direction; and

to detain the relevant person at the place where he or she is required to undergo medical observation, medical examination or medical treatment or to be vaccinated in accordance with the direction; and

to restrain the relevant person —

to enable a medical observation, medical examination or medical treatment to be carried out; or

to enable the relevant person to be vaccinated;

to remove anything (including underwear) that the relevant person is wearing, if —

the removal of the thing is reasonably necessary to enable a medical examination or medical treatment to be carried out or, as the case requires, to enable the person to be vaccinated; and

the relevant person is given a reasonable opportunity to remove the thing himself or herself, and refuses or fails to do so.

A direction under section 157(1)(j) to undergo medical examination or medical treatment or to be vaccinated authorises —

in the case of a direction to undergo medical examination —

the carrying out of that medical examination in accordance with the direction; and

the testing of any sample obtained or taken in connection with that medical examination;

in the case of a direction to undergo medical treatment —

the giving of medical treatment to the relevant person in accordance with the direction; and

the testing of any sample obtained or taken in connection with that medical treatment;

in the case of a direction to be vaccinated, the vaccination of the relevant person.

If any action taken under subsection (1) involves the removal of an item of clothing —

it must be done with decency and sensitivity and in a manner that gives to the relevant person the degree of privacy and dignity that is consistent with ensuring compliance with the direction; and

the authorised officer or police officer taking the action and any other person present while it is done (excluding any person who is carrying out any medical examination or medical treatment or vaccinating the relevant person) must, if practicable, be of the same gender as the relevant person; and

the number of people present while it is done (excluding a person who is present under paragraph (d)) must be no more than is reasonably necessary to ensure that the direction is complied with effectively and to ensure the safety of all present; and

if the relevant person is a child or an impaired person, it must, if practicable, be done in the presence of a responsible person or some other person who can provide the child or impaired person with support and represent his or her interests.

This section does not limit section 161.

Before an authorised officer gives a direction under section 157(1)(c) or (i) to a person, or an authorised officer or a police officer detains a person under section 158, the authorised officer or police officer must briefly explain, in language likely to be readily understood by the person —

the reason why it is necessary for the person to remain at the premises or, as the case requires, to remain quarantined from other persons or to be detained; and

that the person is entitled to obtain legal advice and to communicate with a lawyer; and

that the person has a right under section 163 to apply to the State Administrative Tribunal for a review of the decision to give the direction or, as the case requires, the decision to detain the person.

However, if in the particular circumstances in which the power to give the direction or, as the case requires, to detain the person is to be exercised, it is not practicable to give the explanation required by subsection (1) before the power is exercised, the authorised officer or police officer must do so as soon as is practicable.

If the person to whom a direction under section 157(1)(c) or (i) relates or, as the case requires, the person who is to be detained, or is being detained, under section 158 is a child or an impaired person, the authorised officer or police officer must ensure that a suitably modified version of the explanation required by subsection (1) is given to —

in the case of a child —

a parent or guardian of the child; or

another person who has responsibility for the day‑to‑day care of the child; or

if no person mentioned in another subparagraph of this paragraph is available, a person, or a person in a class of persons, prescribed by the regulations for the purposes of this subparagraph;

in the case of an impaired person, a responsible person.

Failure to comply with this section does not invalidate a direction given under section 157(1)(c) or (i) or the detention of a person under section 158.

Despite subsection (1), if a direction under section 157(1)(c) or (i) is given to a class of person, the explanation required by subsection (1) may be set out in the direction.

If a person is directed under section 157(1)(c) or (i) to remain at any premises for more than 24 hours or, as the case requires, to remain quarantined from other persons for more than 24 hours, or a person is detained under section 158 for more than 24 hours —

the Chief Health Officer must review the direction or, as the case requires, the detention decision at intervals not greater than 24 hours to determine whether or not it is still necessary for the person to remain at the premises or, as the case requires, to remain quarantined or be detained; and

the person is entitled to obtain legal advice and to communicate with a lawyer; and

if the person is a child, the child is entitled to be represented by —

a parent or guardian of the child; or

another person who has responsibility for the day‑to‑day care of the child; or

if no person mentioned in another subparagraph of this paragraph is available, a person, or a person in a class of persons, prescribed by the regulations for the purposes of this subparagraph;

if the person is an impaired person, the impaired person is entitled to be represented by a responsible person.

A person to whom a direction under section 157(1)(c) or (i) relates or who is detained under section 158 must be immediately permitted to leave the premises at which the person was directed to remain or, as the case requires, immediately released from quarantine or detention if —

following a review under subsection (1)(a), the Chief Health Officer determines that it is no longer necessary for the person to remain at the premises or, as the case requires, to remain quarantined or detained; or

for any other reason, it is no longer necessary for the person to remain at the premises or, as the case requires, to remain quarantined or detained.

This section does not apply to a direction under section 157(1)(c) or (i) given to an IDEC‑directed person.

In subsection (3) —

An authorised officer exercising a serious public health incident power may be assisted by a police officer or other person.

An authorised officer exercising a serious public health incident power conferred by section 157(1)(a), (b), (d) or (f), and any police officer or other person who is assisting an authorised officer to exercise that power, may use whatever force is reasonably necessary to exercise the power.

If a person does not comply with a requirement of, or a direction given by, an authorised officer exercising a serious public health incident power, an authorised officer and any police officer or other person who is assisting an authorised officer to exercise that power may do all things that are reasonably necessary to enforce compliance with the requirement or direction, using any force that is reasonable in the circumstances.

Without limiting subsection (3), the force that an authorised officer or police officer or person assisting may use includes any force that it is reasonably necessary to use in the circumstances to overcome any resistance to the enforcement of compliance with the requirement or direction (including enabling a medical examination or medical treatment to be carried out or a vaccination to be given) that is offered by the person to whom the requirement or direction applies, or that the authorised officer or police officer or person assisting reasonably suspects will be offered by that person.

A person must not, without reasonable excuse, fail to comply with a requirement of, or a direction given by, an authorised officer exercising a serious public health incident power.

Subsection (1) does not apply unless, when the authorised officer makes the requirement or gives the direction, the authorised officer informs the person that a failure to comply with the requirement or direction may constitute an offence.

A person must comply with a requirement or direction referred to in subsection (1) despite the provisions of any other written law, and —

no civil or criminal liability is incurred as a result of that compliance; and

complying with the requirement or direction is not to be regarded as —

a breach of any duty of confidentiality or secrecy imposed by law; or

a breach of professional ethics, professional standards or any principles of conduct applicable to the person’s employment; or

unprofessional conduct.

This section applies to the following directions and decisions (reviewable decisions) —

a direction under section 157(1)(c) that a person remain at any premises;

a direction under section 157(1)(i) that a person remain quarantined from other persons;

a decision to detain a person under section 158.

A person to whom a reviewable decision applies may apply to the State Administrative Tribunal for a review of the decision.

The State Administrative Tribunal must hear and determine the application as a matter of priority and urgency.

Nothing in this Part prevents the making of an emergency situation declaration or a state of emergency declaration under the Emergency Management Act 2005.

The making of a declaration referred to in subsection (1) does not prevent the making of a public health state of emergency declaration under this Part.

Nothing in this Part limits the operation of the Emergency Management Act 2005 section 8(1).

The Chief Health Officer must prepare one or more public health emergency management plans, as the Chief Health Officer considers necessary.

In preparing a public health emergency management plan, the Chief Health Officer must have regard to State emergency management policies prepared under the Emergency Management Act 2005 section 17 and State emergency management plans prepared under section 18 of that Act.

A public health emergency management plan, and any amendment to a public health emergency management plan, has effect when it is signed by the Chief Health Officer.

The Chief Health Officer may review, amend or replace a public health emergency management plan whenever the Chief Health Officer considers it appropriate.

The Chief Health Officer may arrange for a public health emergency management plan to be tested whenever the Chief Health Officer considers it appropriate.

For the purposes of subsection (2), the person holding office as the chairman of the State Emergency Management Committee under the Emergency Management Act 2005 must ensure that the Chief Health Officer is provided with copies of State emergency management policies and State emergency management plans.

If a public authority is given, or is to be given, a role and responsibilities under a public health emergency management plan, the Chief Health Officer may in writing direct the public authority, in relation to that role and those responsibilities, to assist the Chief Health Officer —

in the preparation of the public health emergency management plan; or

in the review of the public health emergency management plan; or

in the amendment or replacement of the public health management emergency plan; or

in the testing of the public health emergency management plan.

The Chief Health Officer may issue guidelines to help public authorities respond to a direction under subsection (1).

A public authority must comply with a direction under subsection (1) within the time and in the manner specified in the direction.

A public authority that is given a role and responsibilities under a public health emergency management plan must comply with the public health emergency management plan.

The Minister may, in writing, declare that a public health state of emergency exists in the whole of the State or in any area or areas of the State.

The Minister cannot make a public health state of emergency declaration unless the Minister —

has considered the advice of the Chief Health Officer, given after the Chief Health Officer has consulted with the person holding the office of State Emergency Coordinator under the Emergency Management Act 2005; and

is satisfied that a public health emergency has occurred, is occurring or is imminent; and

is satisfied that extraordinary measures are required to prevent or minimise loss of life or prejudice to the safety, or harm to the health, of persons.

A public health state of emergency declaration —

must include —

details of the public health emergency that is the basis of the declaration; and

the time when, and date on which, the declaration is made; and

details as to whether the declaration applies to the whole of the State or to one or more specified areas of the State;

may limit the powers that may be exercised during the period for which the declaration is in force.

The making of a public health state of emergency declaration does not prevent the making of further public health state of emergency declarations in relation to the same or a different public health emergency.

has effect on and from the time it is made, or any later time specified in the declaration; and

if it is not extended under section 170 or sooner revoked under section 171, remains in force until the end of the 6^th day after the day on which it first has effect.

The Minister may by written declaration amend a public health state of emergency declaration by —

limiting or further limiting the powers that may be exercised during the remainder of the period for which the declaration is in force;

removing or reducing, for the remainder of the period for which the declaration is in force, any limitation previously imposed under paragraph (a) or section 167(3)(b) or 170(3)(a);

reducing or expanding the area or areas of the State to which the declaration applies during the remainder of the period for which the declaration is in force.

Section 167(2) applies in relation to a declaration amending a public health state of emergency declaration in the same way that it applies to the original public health state of emergency declaration.

A declaration amending a public health state of emergency declaration has effect on and from the time it is made.

The Minister may by written declaration extend, or from time to time further extend, the duration of a public health state of emergency declaration.

Section 167(2) applies in relation to a declaration extending, or further extending, the duration of a public health state of emergency declaration in the same way that it applies to the original public health state of emergency declaration.

The declaration may —

limit or further limit the powers that may be exercised during the period by which the duration is extended;

remove or reduce, during the period by which the duration is extended, any limitation previously imposed under paragraph (a) or section 167(3)(b) or 169(1)(a);

reduce or expand the area or areas of the State to which the declaration applies during the period by which the duration is extended.

A declaration extending, or further extending, the duration of a public health state of emergency declaration —

must state the period by which the duration of the public health state of emergency declaration is extended; and

remains in force until the end of the period stated under paragraph (a) unless the public health state of emergency declaration is sooner revoked under section 171.

Each extension, or further extension, of the duration of a public health state of emergency declaration cannot exceed 14 days, but there is no limit on the number of extensions as long as subsection (2) is complied with.

A declaration extending, or further extending, the duration of a public health state of emergency declaration has effect on and from the time it is made.

The Minister may revoke a public health state of emergency declaration at any time.

The revocation must be made by written declaration and must include the time when, and date on which, it is made.

A declaration under this section has effect on and from the time it is made, or any later time specified in the declaration.

Despite any other written law, the revocation of a public health state of emergency declaration does not affect —

any penalty or punishment incurred or imposed, or liable to be incurred or imposed, before the revocation; or

any investigation or legal proceedings in respect of a penalty or punishment of that kind.

Notice of a declaration made under section 167, 169, 170 or 171 must be —

published for general information as soon as is practicable after the declaration is made in any manner that the Minister considers to be appropriate having regard to the circumstances and what is practicable; and

published in the Gazette as soon as is practicable after the declaration is made.

A failure to publish notice of the declaration does not affect the validity of the declaration.

In any proceedings for judicial review or in any other proceedings, a court or tribunal is not authorised to make an interlocutory order that has the effect of staying the operation of a public health state of emergency declaration.

This section does not limit judicial review for jurisdictional error.

In this section —

has the meaning given in the Civil Liability Act 2002 section 5PA; and

includes a person registered under the law of another place that is substantially similar to the Health Practitioner Regulation National Law (Western Australia).

For the purposes of emergency management during a public health state of emergency, the Chief Health Officer may authorise all or any of the following to exercise any of the emergency powers while the public health state of emergency declaration is in force —

an authorised officer or an authorised officer within a specified class of authorised officers;

a health professional or a health professional within a specified class of health professionals.

An authorisation under subsection (2) is subject to any limitation in a declaration under section 167(3)(b) or 169 or 170.

The emergency powers conferred on an authorised officer by an authorisation under subsection (2) are in addition to, and do not limit —

the powers conferred on the person as an authorised officer under Part 16; or

the powers the person may have under another written law or other law.

Each enforcement agency must prepare and maintain a list of authorised officers designated by the agency who are emergency officers as the result of being authorised under subsection (2).

The Chief Health Officer may vary or revoke an authorisation under subsection (2).

state that the authorisation is given under this Division; and

generally describe the public health state of emergency to which it relates; and

if the public health emergency has occurred, name or describe the place at which the emergency has occurred; and

specify the time at which the authorisation is given; and

specify the emergency powers that may be exercised under the authorisation; and

specify the period during which the authorisation continues in force.

In this section —

An authorisation may be given orally or in writing.

If the authorisation is given orally, the Chief Health Officer must confirm it in writing as soon as is practicable.

related, by blood or marriage, to the impaired person; or

the impaired person’s de facto partner;

a relative of the impaired person; or

a person who is a guardian of the impaired person under the Guardianship and Administration Act 1990; or

a person who is an enduring guardian of the impaired person under the Guardianship and Administration Act 1990 and is authorised to perform functions in relation to the impaired person in the circumstances in which section 187(1) or 192(1) applies; or

a person recognised as the impaired person’s representative under the Disability Services Act 1993 section 32(2); or

a person who is a carer (as defined in the Carers Recognition Act 2004 section 4) in relation to the impaired person; or

a person, or a person in a class of persons, prescribed by the regulations for the purposes of this definition.

For the purposes of the Criminal Investigation (Identifying People) Act 2002 —

the office of emergency officer is prescribed for the purposes of section 5 of that Act; and

a holder of that office may exercise the powers in Part 3 of that Act in relation to an offence or suspected offence under this Act during a public health state of emergency.

Without limiting subsection (1), an emergency officer may, where reasonably required for emergency management purposes, require a person to give the emergency officer any or all of the person’s personal details.

If an emergency officer reasonably suspects that a personal detail given by a person in response to a requirement under subsection (2) is false, the emergency officer may require the person to produce evidence of the correctness of the detail.

direct or, by direction, prohibit, the movement of persons, animals and vehicles within, into, out of or around the emergency area or any part of the emergency area; or

direct the evacuation and removal of persons, animals and vehicles from the emergency area or any part of the emergency area; or

close any road, access route or area of water in or leading to the emergency area; or

direct that any road, access route or area of water in or leading to the emergency area be closed.

In this section —

For emergency management purposes, an emergency officer may use a vehicle in any place and in any circumstance despite any provision of any written law that requires —

the emergency officer to have an authorisation to use that vehicle or to use that vehicle in that place or in that circumstance; or

an authorisation for the use of that vehicle or for the use of that vehicle in that place or in that circumstance.

For emergency management purposes, an emergency officer may take control of, or make use of, any premises or property.

The premises or property may be in, or outside, the emergency area.

For the purpose of exercising a power under this section, an emergency officer may do all or any of these —

enter or, if necessary, break into and enter, any premises;

search any premises and anything found in or on the premises;

open a container or other thing in the premises;

seize anything found in or on the premises, or any other property;

direct the owner or occupier or the person apparently in charge of the premises or, as the case requires, the person apparently in charge of the property, to give the emergency officer reasonable assistance to exercise the emergency officer’s powers under this section.

Subsection (3) does not limit section 190 or Division 7.

If an emergency officer takes control of or makes use of any premises or property under this section, the emergency officer must ensure that, as soon as is reasonably practicable in the circumstances, and no later than 7 days after the premises or property are taken control of or made use of, a written notice is given to the owner, occupier or person formerly in charge of the premises or property stating —

that the premises or property have been taken control of or made use of under this section; and

the name of the emergency officer who has taken control of or made use of the premises or property.

For emergency management purposes, an emergency officer may take control of, or make use of, any vaccine or drug.

The vaccine or drug may be in, or outside, the emergency area.

For the purpose of exercising a power under this section, an emergency officer may exercise any of the powers conferred by section 182.

Without limiting subsection (1) or (3), for the purpose of exercising a power under this section, an emergency officer may direct the manufacturer, importer, distributor, supplier, wholesaler or retailer of any vaccine or drug, or other person who has possession or control of any vaccine or drug —

not to sell, distribute or otherwise dispose of the vaccine or drug except in accordance with conditions (if any) specified by the emergency officer; or

to store the vaccine or drug in any premises specified by the emergency officer; or

to deliver the vaccine or drug to any person or premises specified by the emergency officer; or

to do or refrain from doing, in relation to the vaccine or drug, anything specified by the emergency officer; or

to give the emergency officer reasonable assistance to exercise the emergency officer’s powers under this section.

This section does not limit section 182 or 190 or Division 7.

This section overrides the Poisons Act 1964, the Medicines and Poisons Act 2014 and the Misuse of Drugs Act 1981.

For emergency management purposes, an emergency officer may direct a person to do all or any of these —

to remain in an area specified by the officer for any period specified by the officer;

to remain quarantined from other persons for any period, and in any reasonable manner, specified by the officer;

to undergo medical observation, medical examination or medical treatment or to be vaccinated, as specified by the officer;

to undergo decontamination procedures within any reasonable period, and in any reasonable manner, specified by the officer.

The period specified under subsection (1)(a) or (b) must not be more than 24 hours unless the Chief Health Officer has authorised a longer period to be specified in relation to the person.

A direction under subsection (1) may be given to a class of person.

If an emergency officer gives a direction to a person under section 184(1)(c) to undergo medical observation, medical examination or medical treatment or to be vaccinated, an emergency officer or police officer may use reasonable force to ensure that the direction is complied with, including, if necessary —

to apprehend and detain the person to whom the direction applies (the relevant person) and take the relevant person to a place where the person is required to undergo medical observation, medical examination or medical treatment or to be vaccinated in accordance with the direction; and

to detain the relevant person at the place where he or she is required to undergo medical observation, medical examination or medical treatment or to be vaccinated in accordance with the direction; and

to restrain the relevant person —

to enable a medical observation, medical examination or medical treatment to be carried out; or

to enable the relevant person to be vaccinated;

to remove anything (including underwear) that the relevant person is wearing, if —

the removal of the thing is reasonably necessary to enable a medical examination or medical treatment to be carried out or, as the case requires, to enable the person to be vaccinated; and

the relevant person is given a reasonable opportunity to remove the thing himself or herself, and refuses or fails to do so.

A direction under section 184(1)(c) to undergo medical examination or medical treatment or to be vaccinated authorises —

in the case of a direction to undergo medical examination —

the carrying out of that medical examination in accordance with the direction; and

the testing of any sample obtained or taken in connection with that medical examination;

in the case of a direction to undergo medical treatment —

the giving of medical treatment to the relevant person in accordance with the direction; and

the testing of any sample obtained or taken in connection with that medical treatment;

in the case of a direction to be vaccinated, the vaccination of the relevant person.

If any action taken under subsection (1) involves the removal of an item of clothing —

it must be done with decency and sensitivity and in a manner that gives to the relevant person the degree of privacy and dignity that is consistent with ensuring compliance with the direction; and

the emergency officer or police officer taking the action and any other person present while it is done (excluding any person who is carrying out any medical examination or medical treatment or vaccinating the relevant person) must, if practicable, be of the same gender as the relevant person; and

the number of people present while it is done (excluding a person who is present under paragraph (d)) must be no more than is reasonably necessary to ensure that the direction is complied with effectively and to ensure the safety of all present; and

if the relevant person is a child or an impaired person, it must, if practicable, be done in the presence of a responsible person or some other person who can provide the child or impaired person with support and represent his or her interests.

This section does not limit section 199.

Before an emergency officer gives a direction under section 184(1)(a) or (b) to a person, the emergency officer must briefly explain, in language likely to be readily understood by the person —

the reason why it is necessary for the person to remain in the area or, as the case requires, to remain quarantined from other persons; and

that the person is entitled to obtain legal advice and to communicate with a lawyer; and

that the person has a right under section 194 to apply to the State Administrative Tribunal for a review of the decision to give the direction.

However, if in the particular circumstances in which the power to give the direction is to be exercised, it is not practicable to give the explanation required by subsection (1) before the power is exercised, the emergency officer must do so as soon as is practicable.

If the person to whom a direction under section 184(1)(a) or (b) relates is a child or an impaired person, the emergency officer must ensure that a suitably modified version of the explanation required by subsection (1) is given to —

in the case of a child —

a parent or guardian of the child; or

another person who has responsibility for the day‑to‑day care of the child; or

if no person mentioned in another subparagraph of this paragraph is available, a person, or a person in a class of persons, prescribed by the regulations for the purposes of this subparagraph;

in the case of an impaired person, a responsible person.

Failure to comply with this section does not invalidate a direction given under section 184(1)(a) or (b).

Despite subsection (1), if a direction under section 184(1)(a) or (b) is given to a class of person, the explanation required by subsection (1) may be set out in the direction.

If a person is directed under section 184(1)(a) or (b) to remain in an area for more than 24 hours or, as the case requires, to remain quarantined from other persons for more than 24 hours —

the Chief Health Officer must review the direction at intervals not greater than 24 hours to determine whether or not it is still necessary for the person to remain in the area or, as the case requires, to remain quarantined; and

the person is entitled to obtain legal advice and to communicate with a lawyer; and

if the person is a child, the child is entitled to be represented by —

a parent or guardian of the child; or

another person who has responsibility for the day‑to‑day care of the child; or

if no person mentioned in another subparagraph of this paragraph is available, a person, or a person in a class of persons, prescribed by the regulations for the purposes of this subparagraph;

if the person is an impaired person, the impaired person is entitled to be represented by a responsible person.

A person to whom a direction under section 184(1)(a) or (b) relates must be immediately permitted to leave the area in which the person was directed to remain or, as the case requires, immediately released from quarantine if —

following a review under subsection (1)(a), the Chief Health Officer determines that it is no longer necessary for the person to remain in the area or, as the case requires, to remain quarantined; or

for any other reason, it is no longer necessary for the person to remain in the area or, as the case requires, to remain quarantined.

This section does not apply to a direction under section 184(1)(a) or (b) given to an IDEC‑directed person.

In subsection (3) —