{"id":"preventive-health-sa-act-2024","name":"Preventive Health SA Act 2024","slug":"preventive-health-sa-act-2024","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":106326,"registerId":"sa-preventive-health-sa-act-2024-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Preventive Health SA Act 2024","content":"South Australia\nPreventive Health SA Act 2024\nAn Act to provide for the Office for Preventive Health SA, to confer functions on its Chief Executive, to establish the Preventive Health SA Council, and for other purposes.\n\nContents\nPart 1—Preliminary\n1\tShort title\n2\tCommencement\n3\tObjects and key principle\n4\tInterpretation\n5\tInteraction with other Acts\nPart 2—Office for Preventive Health SA\n6\tOffice for Preventive Health SA\n7\tFunctions\n8\tExercise of functions\n9\tStrategic plan\n10\tAnnual report\n11\tDelegation\nPart 3—Preventive Health SA Council\n12\tEstablishment of Preventive Health SA Council\n13\tTerms and conditions of membership\n13A\tDeclaration relating to designated interests\n13B\tDesignated interests generally\n14\tVacancies or defects in appointment of members\n15\tRemuneration\n16\tFunctions\n17\tCommittees\n18\tDelegations\n19\tProcedures\nPart 4—Miscellaneous\n20\tResources for preventive health\n21\tRegulations\nSchedule 1—Transitional provision\n1\tTransitional provision\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\nPart 1—Preliminary\n1—Short title\nThis Act may be cited as the Preventive Health SA Act 2024.\n2—Commencement\nThis Act comes into operation on a day to be fixed by proclamation.\n3—Objects and key principle\n\t(1)\tThe objects of this Act are—\n\t(a)\tto improve the health and wellbeing of South Australians by preventing and reducing the burden of non-communicable health conditions, through addressing preventable risk factors and associated determinants of health; and\n\t(b)\tto improve health equity, healing and wellbeing for Aboriginal and Torres Strait Islander persons through preventive health action; and\n\t(c)\tto improve health equity for populations requiring priority consideration in relation to preventive health action; and\n\t(d)\tto lead preventive health action and strengthen collaboration between, and innovation by, government agencies and non-government agencies, including through the provision of expert advice to the Minister and the public sector on policies to be implemented by government; and\n\t(e)\tto embed preventive health policy, action and resourcing in the legislative framework governing the State's health system and administration.\n\t(2)\tThe key principle in furthering the objects of this Act is that addressing preventable and protective risk factors should focus on individual, social and commercial systems that impact the behaviours contributing to the burden of non-communicable health conditions and injuries, including in connection with tobacco and vaping, alcohol and other drugs, obesity, unhealthy diets, physical inactivity and poor mental health.\n4—Interpretation\nIn this Act—\nAboriginal or Torres Strait Islander person means a person who—\n\t(a)\tis of Aboriginal or Torres Strait Islander descent; and\n\t(b)\tregards themselves as Aboriginal or Torres Strait Islander; and\n\t(c)\tis accepted as an Aboriginal or Torres Strait Islander person by the relevant Aboriginal or Torres Strait Islander community;\nChief Executive means the person engaged (or assigned to act) under the Public Sector Act 2009 as the Chief Executive of the administrative unit of the Public Service designated as the Office for Preventive Health SA under section 6(1);\ndesignated interest, of a person, means a direct interest held by the person in a relevant industry;\ndirect interest, in a relevant industry, includes the following (without limitation):\n\t(a)\temployment by an entity involved in a relevant industry;\n\t(b)\tproviding services to an entity involved in a relevant industry;\n\t(c)\treceiving a grant or other funding from an entity involved in a relevant industry;\nPreventive Health SA Council or Council means the Preventive Health SA Council established under section 12;\nrelevant industry means the pharmaceutical, food, alcohol or tobacco industry.\n5—Interaction with other Acts\nThis Act is in addition to, and does not derogate from, any other Act or law.\nPart 2—Office for Preventive Health SA\n6—Office for Preventive Health SA\n\t(1)\tFor the purposes of this Act, the Minister must, by notice in the Gazette, designate an administrative unit of the Public Service as the Office for Preventive Health SA.\n\t(2)\tThe Premier must consult the Council before acting under the Public Sector Act 2009 to—\n\t(a)\tengage a person as the Chief Executive; or\n\t(b)\ttransfer the Chief Executive to other duties in the public sector; or\n\t(c)\tterminate the employment of the Chief Executive.\n7—Functions\n\t(1)\tThe functions of the Chief Executive are—\n\t(a)\tto undertake, commission, support, monitor and evaluate policies, programs or services designed to—\n\t(i)\timprove physical and mental health and wellbeing; or\n\t(ii)\timprove health equity; and\n\t(b)\tto make grants or commission strategies designed to prevent or reduce non-communicable health conditions and improve health equity in partnership with government and non-government bodies; and\n\t(c)\tto develop and enhance new and existing partnerships to implement evidence informed preventive health policies and action; and\n\t(d)\tto consult, collaborate and engage with stakeholders in developing and implementing preventive health policy and action; and\n\t(e)\tto commission and lead community education initiatives that are effective in increasing knowledge and awareness of health risks and modifying behaviour to promote health and wellbeing, prevent ill health or improve health equity; and\n\t(f)\tto monitor and report on investment and expenditure on preventive health measures, their benefits and economic impacts, including on productivity; and\n\t(g)\tto collect, monitor and support the sharing of population level health and wellbeing data and analyses to inform evidence-based practice in preventive health and wellbeing; and\n\t(h)\tto undertake, commission or support collaborative research and the understanding and interpretation of evidence in areas of preventive health and wellbeing; and\n\t(i)\tto support innovation in preventive health action and the understanding and interpretation of data and evidence relating to preventive health to promote effective evidence informed preventive health action; and\n\t(j)\tto advise the Minister, government and non-government agencies on any matter that the Chief Executive considers relevant to preventive health and wellbeing and be a primary source of advice to the Minister and government on preventive health policy and action; and\n\t(k)\tto develop and publish reports and make independent public statements designed to raise awareness and promote action on preventive health priorities; and\n\t(l)\tto carry out such other functions as may be assigned to the Chief Executive by the Minister or under this or any other Act, including (without limitation) under the Controlled Substances Act 1984, Public Intoxication Act 1984 and Tobacco and E‑Cigarette Products Act 1997 in connection with the objects of this Act.\n\t(2)\tThe Chief Executive must, in performing the Chief Executive's functions as they relate to Aboriginal and Torres Strait Islander persons, consult and collaborate with Aboriginal and Torres Strait Islander persons and their representative bodies.\n\t(3)\tThe Chief Executive—\n\t(a)\thas all the powers necessary for carrying out the Chief Executive's functions; and\n\t(b)\tmust seek to further the objects of this Act in carrying out those functions.\n\t(4)\tThe Chief Executive may develop or adopt procedures for the provision of advice relating to preventive health to government agencies—\n\t(a)\tto ensure that the Chief Executive is consulted or involved, and the impacts on preventive health are taken into account by government agencies, in the development of significant policies or measures; and\n\t(b)\tto implement policies or measures that support action in relation to preventive health.\n\t(5)\tThe Chief Executive must have regard to any relevant advice provided by the Council in relation to the performance of the Chief Executive's functions.\n8—Exercise of functions\n\t(1)\tSubject to this section, the Chief Executive must, in performing the Chief Executive's functions, act independently, impartially and in the public interest.\n\t(2)\tThe Minister may give the Chief Executive a direction in relation to the performance of the Chief Executive's functions.\n\t(3)\tA direction under subsection (2)—\n\t(a)\tmust be in writing; and\n\t(b)\tcannot relate to—\n\t(i)\tthe making of a grant referred to in section 7(1)(b); or\n\t(ii)\tthe commissioning or leading of community education initiatives under section 7(1)(e); or\n\t(iii)\tthe monitoring or reporting on investment and expenditure on preventive health measures under section 7(1)(f); or\n\t(iv)\tthe sharing of data or analyses under section 7(1)(g); or\n\t(v)\tthe development or publication of reports or public statements under section 7(1)(k).\n9—Strategic plan\n\t(1)\tThe Chief Executive must prepare a strategic plan for preventive health action in South Australia.\n\t(2)\tThe strategic plan—\n\t(a)\tmust be prepared in consultation with the Minister and the Council; and\n\t(b)\tmust identify the preventive health and wellbeing policies, priorities and measures in order to further the objects of this Act; and\n\t(c)\tmust identify preventive health action to improve health equity for populations requiring priority consideration in relation to such action, especially Aboriginal and Torres Strait Islander persons; and\n\t(d)\tmust be published on a website determined by the Chief Executive.\n\t(3)\tThe Chief Executive must comprehensively review the strategic plan at least once in every 4 years in consultation with the Minister and the Council.\n\t(4)\tThe Chief Executive may, after consultation with the Minister and the Council, amend a strategic plan that is in effect under this section and publish the plan as amended on the website referred to in subsection (2)(d).\n10—Annual report\n\t(1)\tThe Chief Executive must, on or before 30 September in each year, provide to the Minister a report on the performance of the Chief Executive's functions under this Act during the financial year ending on the preceding 30 June.\n\t(2)\tThe Minister must, within 6 sitting days after receipt of a report under this section, cause a copy of the report to be laid before both Houses of Parliament.\n11—Delegation\n\t(1)\tThe Chief Executive may delegate a function under this Act to any entity that is, in the Chief Executive's opinion, competent to perform the relevant function.\n\t(2)\tA delegation under this section—\n\t(a)\tmust be in writing; and\n\t(b)\tmay be conditional or unconditional; and\n\t(c)\tis revocable at will; and\n\t(d)\tdoes not prevent the delegator from acting in any matter.\n\t(3)\tA function delegated under this section may, if the instrument of delegation so provides, be further delegated.\nPart 3—Preventive Health SA Council\n12—Establishment of Preventive Health SA Council\n\t(1)\tThe Preventive Health SA Council is established.\n\t(2)\tThe Council consists of—\n\t(a)\tthe Chief Executive (ex officio); and\n\t(b)\tat least 8 other members appointed by the Minister on the recommendation of the Chief Executive, of whom at least 2 must be Aboriginal and Torres Strait Islander persons.\n\t(3)\tThe membership of the Council must include persons who together have, in the Minister's opinion, knowledge, expertise or experience relevant to the objects of this Act in the following areas:\n\t(a)\tepidemiology or preventive health research;\n\t(b)\thealth, social and emotional wellbeing of Aboriginal and Torres Strait Islander persons;\n\t(c)\tcultural leadership for healing and improving wellbeing for Aboriginal and Torres Strait Islander persons;\n\t(d)\thealth equity or health and wellbeing for populations requiring priority consideration in relation to preventive health action;\n\t(e)\tpreventive health policy or programs (whether the knowledge, expertise or experience is within or outside the health system);\n\t(ea)\tclinical translation and implementation;\n\t(f)\tfinance, economics or business.\n\t(4)\tA person who has a designated interest cannot be appointed as a member of the Council.\n\t(4a)\tA person who the Chief Executive proposes to recommend for appointment as a member of the Council must give the Chief Executive a declaration in the form determined by the Chief Executive declaring that they do not have any designated interests in accordance with any requirements of the Chief Executive.\n\t(4b)\tIn making recommendations in accordance with subsection (4), the Chief Executive must seek to further the objects and key principle under section 3.\n\t(5)\tThe Minister must, after consultation with the Chief Executive, appoint 1 member of the Council as the Chair of the Council.\n13—Terms and conditions of membership\n\t(1)\tA member of the Council will be appointed by the Minister for a term (not exceeding 3 years) and on conditions determined by the Minister.\n\t(2)\tA member of the Council is, at the end of a term of appointment, eligible for reappointment but cannot hold office for consecutive terms that exceed 9 years in total.\n\t(3)\tThe Minister may, at any time, remove a member of the Council from office for any reason the Minister thinks fit.\n\t(4)\tThe office of a member of the Council becomes vacant if the member—\n\t(a)\tdies; or\n\t(b)\tcompletes a term of office and is not reappointed; or\n\t(c)\tresigns by written notice to the Minister; or\n\t(d)\tis removed from office under subsection (3).\n13A—Declaration relating to designated interests\nA member of the Council must, within 30 days of 1 July in each year, give the Chief Executive a declaration in the form determined by the Chief Executive declaring that they do not have any designated interests in accordance with any requirements of the Chief Executive.\n13B—Designated interests generally\n\t(1)\tA member of the Council will be taken to have a designated interest in a matter for the purposes of this Act if an associate (within the meaning of section 2(1a) of the Public Sector (Honesty and Accountability) Act 1995) of the member has a designated interest in the matter.\n\t(2)\tThe requirements under this Act relating to designated interests do not apply in relation to a matter in which a member of the Council has a designated interest while the member remains unaware that they have a designated interest in the matter, but in any proceedings against the member the burden will lie on the member to prove that they were not, at the material time, aware of the designated interest.\nNote—\nThe duties of advisory body members under Part 2 Division 2 of the Public Sector (Honesty and Accountability) Act 1995 apply to members of the Council (in addition to the relevant duties under this Act).\n14—Vacancies or defects in appointment of members\nAn act or proceeding of the Council is not invalid by reason only of a vacancy in its membership or a defect in the appointment of a member.\n15—Remuneration\nA member of the Council is entitled to remuneration, allowances and expenses determined by the Minister.\n16—Functions\n\t(1)\tThe functions of the Council are to provide strategic advice and assist the Chief Executive in relation to the performance of the Chief Executive's functions and, in particular—\n\t(a)\tto advise the Chief Executive on any matter that relates to the objects of this Act or functions of the Chief Executive; and\n\t(b)\tto advise the Chief Executive on existing and emerging data and research on population health and health equity, and opportunities for innovation in preventive health action; and\n\t(c)\tto advise the Chief Executive in relation to—\n\t(i)\tthe development of the strategic plan under section 9; and\n\t(ii)\tconsultation with stakeholders to promote beneficial preventive health and wellbeing outcomes; and\n\t(d)\tto support the monitoring of, and assessment of progress on, the implementation of the strategic plan under section 9; and\n\t(e)\tto advise the Chief Executive on the development and publication of reports designed to raise awareness and promote action in relation to preventive health priorities; and\n\t(f)\tto give advice to the Minister for the purposes of section 6(2); and\n\t(g)\tto advise the Chief Executive on any matter that the Chief Executive refers to the Council; and\n\t(h)\tto perform such other functions as may be assigned to the Council by the Minister or under this or any other Act.\n\t(2)\tThe Chief Executive and the Chair of the Council must meet with the Minister at least twice in each year to discuss the operations of the Council, the benefits, effectiveness and impact of preventive health policy and action and the allocation of sufficient funding and other resources—\n\t(a)\tfor preventive health in the State; and\n\t(b)\tfor the performance of the functions of the Chief Executive under this Act; and\n\t(c)\tto achieve beneficial outcomes relating to preventive health for South Australians.\n17—Committees\n\t(1)\tThe Council may establish committees—\n\t(a)\tto advise the Council on any matter; or\n\t(b)\tto carry out functions on behalf of the Council.\n\t(2)\tThe membership of a committee will be determined by the Council and may, but need not, consist of, or include, members of the Council.\n\t(3)\tThe Council will determine who will be the Chair of a committee.\n\t(4)\tThe procedures to be observed in relation to the conduct of the business of a committee will be—\n\t(a)\tas determined by the Council; or\n\t(b)\tinsofar as a procedure is not determined under paragraph (a)—as determined by the committee.\n18—Delegations\n\t(1)\tThe Council may delegate a function of the Council under this Act to any entity that is, in the Council's opinion, competent to perform the relevant function.\n\t(2)\tA delegation under this section—\n\t(a)\tmust be in writing; and\n\t(b)\tmay be conditional or unconditional; and\n\t(c)\tis revocable at will; and\n\t(d)\tdoes not prevent the delegator from acting in any matter.\n\t(3)\tA delegation under this section must be provided to members of the Council and the Minister within 7 days after it is made.\n19—Procedures\n\t(1)\tThe person appointed as the Chair of the Council will preside at any meeting of the Council.\n\t(2)\tIn the absence of the Chair, the members present must choose 1 of their number to preside at the meeting.\n\t(3)\t5 members constitute a quorum of the Council.\n\t(4)\tA decision carried by the votes of a majority of the members present at a meeting is a decision of the Council.\n\t(5)\tThe person presiding at a meeting of the Council will, in the event of an equality of votes, have a second, or casting, vote.\n\t(6)\tThe Council must hold at least 2 meetings in each year.\n\t(7)\tSubject to this Act, the business of the Council may be conducted in a manner determined by the Council.\nPart 4—Miscellaneous\n20—Resources for preventive health\nBefore determining the resources to be provided to the Chief Executive for the purposes of this Act, the Minister must consult with the Chief Executive and then, having regard to any matter raised by the Chief Executive during that consultation, determine the resourcing that, in the Minister's opinion, the Chief Executive reasonably needs to carry out the Chief Executive's functions under this Act\n21—Regulations\n\t(1)\tThe Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act.\n\t(2)\tThe regulations may—\n\t(a)\tbe of general or limited application; and\n\t(b)\tmake different provision according to the matters or circumstances to which they are expressed to apply; and\n\t(c)\tmake provisions of a saving or transitional nature; and\n\t(d)\tprovide that a matter or thing in respect of which regulations may be made is to be determined according to the discretion of a specified entity.\n\t(3)\tThe regulations may provide for a code of conduct to be observed by members of the Council.\nSchedule 1—Transitional provision\n1—Transitional provision\nThe first strategic plan under section 9 must be published within 18 months after the day on which that section comes into operation.\nLegislative history\nNotes\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n2024\n68\nPreventive Health SA Act 2024 \n5.12.2024\n11.12.2025 (Gazette 11.12.2025 p4824)\n2025\n50\nPreventive Health SA (Council Governance) Amendment Act 2025\n5.11.2025\n11.12.2025 immediately after 68/2024: s 2\nProvisions amended\nNew entries appear in bold.\nProvision\nHow varied\nCommencement\ns 4\n\n\ndesignated interest\ninserted by 50/2025 s 3(1)\n11.12.2025\ndirect interest\ninserted by 50/2025 s 3(1)\n11.12.2025\nrelevant industry\ninserted by 50/2025 s 3(2)\n11.12.2025\ns 12\n\n\ns 12(3)\namended by 50/2025 s 4(1)\n11.12.2025\ns 12(4)\nsubstituted by 50/2025 s 4(2)\n11.12.2025\ns 12(4a) and (4b)\ninserted by 50/2025 s 4(2)\n11.12.2025\nss 13A and 13B\ninserted by 50/2025 s 5\n11.12.2025\nTransitional etc provisions associated with Act or amendments\nPreventive Health SA (Council Governance) Amendment Act 2025, Sch 1\n1—Transitional provision\nA member of the Preventive Health SA Council holding office immediately before the commencement of this clause must give the Chief Executive a declaration in the form determined by the Chief Executive declaring that they do not have any designated interests in accordance with any requirements of the Chief Executive as soon as is reasonably practicable after that commencement.","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The original 2024 Act established the Office and Council with basic governance. The 2025 Amendment Act significantly expanded the scope by introducing comprehensive conflict-of-interest provisions ('designated interests') that specifically target pharmaceutical, food, alcohol and tobacco industries. This represents a material broadening from the original establishment purpose to include explicit industry exclusion mechanisms, annual declaration requirements, and enhanced Council governance provisions that were not in the original Act."},"complexity_factors":["Moderate length (21 sections plus Schedule) with straightforward structure in 4 Parts","8 defined terms in section 4, including nested definitions ('designated interest' → 'direct interest' → 'relevant industry')","Cross-reference to Public Sector Act 2009 for Chief Executive engagement and Public Sector (Honesty and Accountability) Act 1995 for associate definitions","Conditional logic in section 8(3) listing 5 specific functions protected from ministerial direction","Membership composition requirements with multiple mandatory categories (section 12(3)) and exclusion criteria (section 12(4))","Annual declaration requirements (section 13A) and associate deeming provisions (section 13B) creating ongoing compliance obligations","Standard delegation provisions with standard conditions (sections 11 and 18)"],"plain_english_summary":"**What this law does:**\n\nThis Act creates a new government body called **Office for Preventive Health SA** and a **Preventive Health SA Council** to tackle preventable health problems in South Australia before they become serious.\n\n**Who it affects:**\n- **South Australian residents** – especially Aboriginal and Torres Strait Islander people and other priority groups who face health disadvantages\n- **Government agencies** – who must consult with the new Office when developing significant policies\n- **Industries** – specifically pharmaceutical, food, alcohol and tobacco companies, whose representatives are banned from sitting on the Council (to prevent conflicts of interest)\n- **The Chief Executive** – who runs the Office with significant independence, though the Minister can give some directions\n\n**Key features:**\n- The **Chief Executive** develops a 4-year strategic plan for preventive health, commissions research, makes grants, runs public education campaigns, and advises the Minister\n- The **Council** (at least 9 members, including 2 Aboriginal and Torres Strait Islander representatives) provides strategic advice and helps monitor progress\n- **Strong conflict-of-interest rules** prevent people with ties to food, alcohol, tobacco or pharmaceutical industries from joining the Council\n- The Chief Executive has **protected functions** that the Minister cannot direct – including making grants, running education campaigns, sharing health data, and publishing independent reports\n\n**Why it matters:**\nInstead of just treating sick people, this law focuses on **stopping people getting sick in the first place** – targeting smoking, vaping, alcohol, obesity, poor diet, inactivity and mental health. It embeds prevention into South Australia's health system and ensures independent, evidence-based advice free from industry influence."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The Act’s core object was to establish a statutory Office and advisory Council to lead and coordinate preventive health action in South Australia (s3, s6, s12). The subsequent governance provisions (declaration requirements and the definition of ‘designated interest’/‘direct interest’ excluding persons with ties to pharmaceutical, food, alcohol and tobacco industries from Council membership) tighten conflict-of-interest and appointment rules but do not broaden the Office’s policy remit or add new substantive functions. In short, the amendments refine governance and integrity rules and limit certain industry representation on the advisory Council, but they do not materially expand the Act beyond its original preventive-health coordination and advisory purpose."},"complexity_factors":["4 Parts with clear division of roles (Office, Council, Miscellaneous, Transitional)","6 principal defined terms in the interpretation section including newly inserted conflict definitions (Aboriginal or Torres Strait Islander person; Chief Executive; designated interest; direct interest; Preventive Health SA Council; relevant industry) (s4)","Multiple cross-references to other Acts (Public Sector Act 2009; Controlled Substances Act 1984; Public Intoxication Act 1984; Tobacco and E‑Cigarette Products Act 1997) increasing implementation links (s6(2), s7(1)(l))","Five specific Chief Executive functions are insulated from Ministerial direction, creating conditional limits on executive control (s8(3))","Annual and periodic reporting and planning requirements (annual report due by 30 Sept, strategic plan review every 4 years, first plan within 18 months) (s9, s10, Schedule 1)","Delegation provisions for both Chief Executive and Council allowing further delegation and revocation (ss11, 18)","Council governance specifics: minimum membership numbers, quorum rule (5), minimum meetings (2 per year), at least 2 Aboriginal/Torres Strait Islander members, appointment/removal powers for Minister (ss12, 19, 13)","New conflict-of-interest regime for Council members with annual declaration and associate-link rules, and transitional declaration requirement for sitting members (ss13A, 13B; legislative history)","Discretion points concentrated with the Minister (appointment/removal, resourcing) and the Chief Executive (delegations, publication) creating multiple decision nodes (ss12, 13, 20, 11)"],"plain_english_summary":"**What this law does, in plain language**\n\n- Establishes an Office for Preventive Health SA as an administrative unit of the State public service and identifies a Chief Executive (the head of that office) (s6).\n- Creates a Preventive Health SA Council to advise and assist the Chief Executive (s12). The Council is advisory, meets regularly, and must include at least two Aboriginal and Torres Strait Islander members and people with expertise across public health, epidemiology, clinical translation, cultural leadership, health equity and finance (s12(2)–(3)).\n- Gives the Chief Executive a wide range of operational functions to lead preventive-health activity in South Australia: commissioning and funding programs and research, making grants, leading community education campaigns, collecting and sharing population-level data, advising the Minister and other agencies, publishing reports and public statements, and monitoring the economic impacts of preventive-health investment (s7).\n- Requires a published strategic plan for preventive health (prepared in consultation with the Minister and Council) and regular review of that plan at least once every four years; the first strategic plan must be published within 18 months after the strategic-plan power starts (s9; Schedule 1).\n- Requires an annual report by the Chief Executive to the Minister, which the Minister must lay before Parliament (s10).\n- Establishes governance and integrity controls for Council membership: members cannot have a “designated interest” (defined to capture direct employment, service-provision or funding ties to specified industries), must annually declare they have no designated interests, and are taken to have an interest if an associate of theirs does (ss4 (definitions), 12(4), 13A, 13B).\n- Sets out delegation powers (the Chief Executive and Council may delegate functions in writing and subject to revocation), meeting rules (quorum of five, at least two meetings per year), and that the Minister determines remuneration and resources after consulting the Chief Executive (ss11, 17, 19, 15, 20).\n- Allows the Minister to give written directions to the Chief Executive, but the Minister cannot direct in relation to a specified list of core functions (grants, community education initiatives, monitoring/reporting of preventive-health investment, sharing of data/analyses, and publications/public statements) (s8).\n- Enables regulations, including a code of conduct for Council members (s21).\n\n**Who is affected**\n\n- The State government (Minister, Premier, public sector agencies) — the Act creates a new administrative unit and a statutory advisory council and gives the Chief Executive an explicit advisory and operational role in preventive health (s6, s7, s12).\n- Health researchers, NGOs, community organisations and service providers — they are potential partners, recipients of grants or commissioned services, and participants in programs and research the Office funds or leads (s7(b),(c),(h)).\n- Aboriginal and Torres Strait Islander communities — the Act places explicit objects and consultative requirements emphasising improving health and wellbeing for Aboriginal and Torres Strait Islander persons and requires Indigenous representation on the Council (s3(1)(b), s7(2), s12(2)–(3)(b),(c)).\n- Commercial entities in the pharmaceutical, food, alcohol and tobacco sectors — the Act bars persons with “designated interests” (direct employment, service provision or funding relationships with those industries) from Council membership and imposes annual declarations (ss4, 12(4), 13A, 13B). That affects industry representation on the advisory Council.\n- The broader public — through public education campaigns, published reports and the Chief Executive’s role in advising government policy and monitoring investment (s7(e),(k),(f)).\n\n**Why it matters (practical mechanics and institutional effects)**\n\n- It creates a single, identifiable public office with a statutory brief to develop and coordinate preventive-health policy and funding (s6–7). That centralises functions that otherwise may have been dispersed across agencies.\n- The Chief Executive can fund and commission programs and research (s7(b),(h)), and can publish independent public statements (s7(k)). Those powers allow the office to influence both what government does and what the public hears about preventive-health priorities.\n- The Chief Executive is required to act independently and impartially (s8(1)), but the Minister retains written-direction powers except in five protected areas (s8(2)–(3)). This establishes a partial structural independence: the Minister can direct on many matters but not on specified core functions relating to grants, education campaigns, monitoring/reporting, data sharing and public reports (s8(3)).\n- The Minister decides the resourcing after consulting the Chief Executive (s20). That places the operational budget and staffing under political control to some degree (Minister determines resources), while formal consultation with the Chief Executive is required before the decision (s20).\n- The Council is explicitly advisory (s16) and subject to Ministerial appointment and removal powers (Minister appoints members and may remove members at any time for any reason (s12(2), s13(3))). Those appointment/removal powers give the Minister significant influence over Council composition and continuity.\n- Governance safeguards are inserted to limit potential conflicts of interest on the Council (definitions of designated/direct interests, annual declarations and associate rules) (ss4, 13A, 13B). Administratively, this increases compliance tasks for Council members and the Office (declaration forms, monitoring). It also excludes direct industry representation from the Council.\n- Delegation powers for the Chief Executive and the Council (ss11, 18) permit the Office to outsource or share functions with competent external bodies, which can speed delivery but introduces monitoring and contract-management requirements.\n\n**Costs, incentives, trade-offs and implementation risks**\n\n- Financial cost and opportunity cost: the Office will require ongoing funding. The Minister determines resources after consultation (s20), so funds allocated to this Office compete with other budget priorities.\n- Concentrated benefits vs diffuse costs: grants and commissioned programs will benefit participating providers (research institutes, NGOs, contractors). The fiscal cost is borne by the State budget and taxpayers (s7(b), s20). The beneficiaries (grantee organisations) are concentrated; costs are spread across the public.\n- Compliance burden: Council members must make annual declarations and avoid designated interests (ss13A, 13B). The Office must administer those requirements and manage potential conflicts.\n- Bureaucratic discretion and political control: the Minister appoints and may remove Council members at will (s12(2), s13(3)) and determines resourcing (s20). Those levers create political control points despite the statutory independence of the Chief Executive in certain functions (s8).\n- Possible substitution effects: funding preventive-health programs through this Office may reduce funding for other programs unless additional resources are provided (s20). Programs commissioned by the Office may overlap with existing agency programs, requiring coordination and possibly duplication if not well-managed (s7(c),(d),(l)).\n- Data and privacy implementation risk: the Office is charged with collecting and supporting sharing of population-level health data (s7(g)). That raises requirements for data-governance, privacy safeguards and inter-agency data-sharing agreements before the Office can operate effectively.\n- Industry engagement and information flows: excluding persons with direct ties to pharmaceutical, food, alcohol and tobacco industries from Council membership (ss4, 12(4)) narrows formal industry representation on the advisory body. The Office can still consult and engage industry through other channels (s7(d)), but the statutory advisory Council will not contain members with such ties.\n\n**Concrete behaviour changes the Act creates**\n\n- The public sector must designate an administrative unit as the Office and appoint a Chief Executive under the Public Sector Act (s6).\n- The Chief Executive will prepare and publish a strategic plan, make annual reports, and be the focal point for preventive-health commissioning and advice (ss9–10).\n- Potential Council members with employment, contractual, or funding ties to the pharmaceutical, food, alcohol or tobacco industries will need to decline membership or sever those ties to be eligible; appointed members must sign annual declarations (ss12(4), 13A, 13B).\n- The Minister will consult and determine resource allocations for preventive health (s20) and will appoint and may remove Council members (ss12(2), 13(3)).\n\n**Key sections to look at directly**: objects and key principle (s3); Office establishment and Chief Executive employment protections (s6); Chief Executive functions and independence/limits on directions (s7–8); strategic plan and reporting (s9–10); Council composition, conflicts and functions (s12, 13A, 13B, 16); resourcing (s20).\n\n"},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope assessment is impossible — the actual text of the Preventive Health SA Act 2024 was not provided. Only a website 'Page Not Found' error was supplied for analysis."},"complexity_factors":["No legislative content was retrievable — the source document is a website error page, not the Act itself","Complexity cannot be meaningfully assessed without access to the actual legislative text","Score of 1 reflects absence of content, not simplicity of the underlying law"],"plain_english_summary":"**⚠️ Content Unavailable — No Legislation Could Be Retrieved**\n\nThe document provided does not contain the actual text of the *Preventive Health SA Act 2024*. Instead, it shows a **'Page Not Found' error** from the South Australian legislation website, indicating the link or bookmark used to access the Act is broken or outdated (likely due to a website update on 24 March 2026).\n\n**What this means for you:** No meaningful analysis of this law can be provided because the legislative content itself was not supplied. To access the actual Act, try:\n- Visiting [www.legislation.sa.gov.au](https://www.legislation.sa.gov.au) directly and searching for 'Preventive Health SA Act 2024'\n- Emailing the Office of Parliamentary Counsel at OPCWeb@sa.gov.au to report the broken link"},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/preventive-health-sa-act-2024","history":"/api/acts/preventive-health-sa-act-2024/history","analysis":"/api/acts/preventive-health-sa-act-2024/analysis","conflicts":"/api/acts/preventive-health-sa-act-2024/conflicts","importantCases":"/api/acts/preventive-health-sa-act-2024/important-cases","documents":"/api/acts/preventive-health-sa-act-2024/documents"}}