{"id":"qld:act-2005-048","name":"Public Health Act 2005","slug":"public-health-act-2005","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"48 of 2005","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30790,"registerId":"qld-act-2005-048-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"ch.1-pt.1","sectionType":"part","heading":"Introduction","content":"# Introduction","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Public Health Act 2005 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis Act commences on a day to be fixed by proclamation.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Act binds all persons","content":"### sec.3 Act binds all persons\n\nSubject to subsection (2) , this Act binds all persons, including the State and, so far as the legislative power of the Parliament permits, the Commonwealth and all the other States.\nThe following provisions do not bind the State for local government public health risks—\nchapter 2 , part 3 ;\nsection 386 ;\nsections 394 and 395 .\nNothing in this Act makes the Commonwealth or a State liable to be prosecuted for an offence.\n(sec.3-ssec.1) Subject to subsection (2) , this Act binds all persons, including the State and, so far as the legislative power of the Parliament permits, the Commonwealth and all the other States.\n(sec.3-ssec.2) The following provisions do not bind the State for local government public health risks— chapter 2 , part 3 ; section 386 ; sections 394 and 395 .\n(sec.3-ssec.3) Nothing in this Act makes the Commonwealth or a State liable to be prosecuted for an offence.\n- (a) chapter 2 , part 3 ;\n- (b) section 386 ;\n- (c) sections 394 and 395 .","sortOrder":3},{"sectionNumber":"sec.4","sectionType":"section","heading":"Contravention of this Act does not create civil cause of action","content":"### sec.4 Contravention of this Act does not create civil cause of action\n\nNo provision of this Act creates a civil cause of action based on a contravention of the provision.","sortOrder":4},{"sectionNumber":"sec.5","sectionType":"section","heading":"Act does not affect other rights or remedies","content":"### sec.5 Act does not affect other rights or remedies\n\nThis Act does not affect or limit a civil right or remedy that exists apart from this Act, whether at common law or otherwise.\nWithout limiting subsection (1) , compliance with this Act does not necessarily show that a civil obligation that exists apart from this Act has been satisfied or has not been breached.\n(sec.5-ssec.1) This Act does not affect or limit a civil right or remedy that exists apart from this Act, whether at common law or otherwise.\n(sec.5-ssec.2) Without limiting subsection (1) , compliance with this Act does not necessarily show that a civil obligation that exists apart from this Act has been satisfied or has not been breached.","sortOrder":5},{"sectionNumber":"ch.1-pt.2","sectionType":"part","heading":"Object","content":"# Object","sortOrder":6},{"sectionNumber":"sec.6","sectionType":"section","heading":"Object of Act","content":"### sec.6 Object of Act\n\nThe object of this Act is to protect and promote the health of the Queensland public.","sortOrder":7},{"sectionNumber":"sec.7","sectionType":"section","heading":"How object is mainly achieved","content":"### sec.7 How object is mainly achieved\n\nThe object is to be mainly achieved by—\npreventing, controlling and reducing risks to public health; and\nproviding for the identification of, and response to, notifiable conditions; and\nimposing obligations on persons and particular health care facilities involved in the provision of declared health services to minimise infection risks; and\nproviding for persons who have a major disturbance in mental capacity to be transported to a treatment or care place; and\nprotecting children who have been harmed or are at risk of harm when the children present at health service facilities; and\nrestricting the performance of cosmetic procedures on children; and\ncollecting and managing particular health information, and establishing mechanisms for health information held by a health agency to be accessed for appropriate research; and\ninquiring into serious public health matters; and\nresponding to public health emergencies; and\nproviding for compliance with this Act to be monitored and enforced.\ns 7 amd 2008 No. 57 s 4 ; 2011 No. 32 s 332 sch 1 pt 2 (amd 2012 No. 9 s 47 ); 2014 No. 28 s 101 ; 2016 No. 5 s 920\n- (a) preventing, controlling and reducing risks to public health; and\n- (b) providing for the identification of, and response to, notifiable conditions; and\n- (c) imposing obligations on persons and particular health care facilities involved in the provision of declared health services to minimise infection risks; and\n- (d) providing for persons who have a major disturbance in mental capacity to be transported to a treatment or care place; and\n- (e) protecting children who have been harmed or are at risk of harm when the children present at health service facilities; and\n- (f) restricting the performance of cosmetic procedures on children; and\n- (g) collecting and managing particular health information, and establishing mechanisms for health information held by a health agency to be accessed for appropriate research; and\n- (h) inquiring into serious public health matters; and\n- (i) responding to public health emergencies; and\n- (j) providing for compliance with this Act to be monitored and enforced.","sortOrder":8},{"sectionNumber":"ch.1-pt.3","sectionType":"part","heading":"Interpretation","content":"# Interpretation","sortOrder":9},{"sectionNumber":"sec.8","sectionType":"section","heading":"Definitions","content":"### sec.8 Definitions\n\nThe dictionary in schedule 2 defines particular words used in this Act.","sortOrder":10},{"sectionNumber":"sec.9","sectionType":"section","heading":"Notes in text","content":"### sec.9 Notes in text\n\nA note in the text of this Act is part of the Act .","sortOrder":11},{"sectionNumber":"ch.2-pt.1","sectionType":"part","heading":"Public health risks","content":"# Public health risks","sortOrder":12},{"sectionNumber":"sec.10","sectionType":"section","heading":"Definitions for ch 2","content":"### sec.10 Definitions for ch 2\n\nIn this chapter—\nlocal government public health risk means a public health risk—\nmentioned in section 11 (1) (a) or (b) (i) , (iv) , (v) , (vi) , (vii) or (viii) ; or\nprescribed under section 18 as a public health risk that is to be administered and enforced only by local governments.\ns 10 def local government public health risk amd 2008 No. 34 s 649 (1)\npublic health risk see section 11 .\nState public health risk means a public health risk—\nmentioned in section 11 (1) (b) (ii) , (iii) , (ix) or (x) ; or\nprescribed under section 18 as a public health risk that is to be administered and enforced only by the State.\ns 10 def State public health risk amd 2008 No. 34 s 649 (2)\n- (a) mentioned in section 11 (1) (a) or (b) (i) , (iv) , (v) , (vi) , (vii) or (viii) ; or\n- (b) prescribed under section 18 as a public health risk that is to be administered and enforced only by local governments.\n- (a) mentioned in section 11 (1) (b) (ii) , (iii) , (ix) or (x) ; or\n- (b) prescribed under section 18 as a public health risk that is to be administered and enforced only by the State.","sortOrder":13},{"sectionNumber":"sec.11","sectionType":"section","heading":"Meaning of public health risk","content":"### sec.11 Meaning of public health risk\n\nPublic health risk means—\nan animal, structure, substance or other thing that—\nis, or is likely to become, a breeding ground or source of food for designated pests; or\nharbours, or is likely to become something that harbours, designated pests; or\nany of the following that is, or is likely to be, hazardous to human health, or that contributes to, or is likely to contribute to, disease in humans or the transmission of an infectious condition to humans—\na designated pest;\ndrinking water supplied by a drinking water service provider;\nrecycled water produced or supplied under a recycled water scheme within the meaning of the Water Supply (Safety and Reliability) Act 2008 ;\nwater, other than water mentioned in subparagraph (ii) or (iii) ;\nwaste;\na dead or living animal, structure, substance or other thing that has been, or is likely to have been, exposed to an infectious condition;\na dispersal or release of a pesticide, herbicide, solvent or other chemical at a place other than a workplace;\na dispersal or release of a by-product of manufacturing, construction, repair, alteration, cleaning or demolition work at a place other than a workplace;\nlead used, or being used, in a way that contravenes section 58 or 59 ;\npaint used, or being used, in a way that contravenes the standard mentioned in section 60 ;\nany other activity, animal, substance or other thing prescribed under a regulation.\ndrifting fibreglass dust resulting from building a fibreglass boat\npropulsion into the environment of lead particles as a result of sandblasting lead-based paint\nthe release of asbestos fibres through the renovation of a house containing asbestos-cement sheeting or insulation material comprising or containing asbestos\nThe Minister must not recommend to the Governor in Council the making of a regulation under subsection (1) (b) (xi) unless the Minister is satisfied the activity, animal, substance or other thing—\nis, or is likely to be, hazardous to human health; or\ncontributes, or is likely to contribute, to disease in humans or to the transmission of an infectious condition to humans.\nIn this section—\nanimal does not include a human.\ndisease includes a non-infectious condition.\nwaste includes an accumulation or deposit of a substance or a thing.\nwater includes drinking water, water used for recreational purposes, recycled water, waste water and sewage.\nworkplace has the meaning given in the Work Health and Safety Act 2011 .\ns 11 amd 2008 No. 34 s 650 ; 2009 No. 44 s 158 ; 2011 No. 18 s 404 sch 4 pt 2 div 1\n(sec.11-ssec.1) Public health risk means— an animal, structure, substance or other thing that— is, or is likely to become, a breeding ground or source of food for designated pests; or harbours, or is likely to become something that harbours, designated pests; or any of the following that is, or is likely to be, hazardous to human health, or that contributes to, or is likely to contribute to, disease in humans or the transmission of an infectious condition to humans— a designated pest; drinking water supplied by a drinking water service provider; recycled water produced or supplied under a recycled water scheme within the meaning of the Water Supply (Safety and Reliability) Act 2008 ; water, other than water mentioned in subparagraph (ii) or (iii) ; waste; a dead or living animal, structure, substance or other thing that has been, or is likely to have been, exposed to an infectious condition; a dispersal or release of a pesticide, herbicide, solvent or other chemical at a place other than a workplace; a dispersal or release of a by-product of manufacturing, construction, repair, alteration, cleaning or demolition work at a place other than a workplace; lead used, or being used, in a way that contravenes section 58 or 59 ; paint used, or being used, in a way that contravenes the standard mentioned in section 60 ; any other activity, animal, substance or other thing prescribed under a regulation. drifting fibreglass dust resulting from building a fibreglass boat propulsion into the environment of lead particles as a result of sandblasting lead-based paint the release of asbestos fibres through the renovation of a house containing asbestos-cement sheeting or insulation material comprising or containing asbestos\n(sec.11-ssec.2) The Minister must not recommend to the Governor in Council the making of a regulation under subsection (1) (b) (xi) unless the Minister is satisfied the activity, animal, substance or other thing— is, or is likely to be, hazardous to human health; or contributes, or is likely to contribute, to disease in humans or to the transmission of an infectious condition to humans.\n(sec.11-ssec.3) In this section— animal does not include a human. disease includes a non-infectious condition. waste includes an accumulation or deposit of a substance or a thing. water includes drinking water, water used for recreational purposes, recycled water, waste water and sewage. workplace has the meaning given in the Work Health and Safety Act 2011 .\n- (a) an animal, structure, substance or other thing that— (i) is, or is likely to become, a breeding ground or source of food for designated pests; or (ii) harbours, or is likely to become something that harbours, designated pests; or\n- (i) is, or is likely to become, a breeding ground or source of food for designated pests; or\n- (ii) harbours, or is likely to become something that harbours, designated pests; or\n- (b) any of the following that is, or is likely to be, hazardous to human health, or that contributes to, or is likely to contribute to, disease in humans or the transmission of an infectious condition to humans— (i) a designated pest; (ii) drinking water supplied by a drinking water service provider; (iii) recycled water produced or supplied under a recycled water scheme within the meaning of the Water Supply (Safety and Reliability) Act 2008 ; (iv) water, other than water mentioned in subparagraph (ii) or (iii) ; (v) waste; (vi) a dead or living animal, structure, substance or other thing that has been, or is likely to have been, exposed to an infectious condition; (vii) a dispersal or release of a pesticide, herbicide, solvent or other chemical at a place other than a workplace; (viii) a dispersal or release of a by-product of manufacturing, construction, repair, alteration, cleaning or demolition work at a place other than a workplace; (ix) lead used, or being used, in a way that contravenes section 58 or 59 ; (x) paint used, or being used, in a way that contravenes the standard mentioned in section 60 ; (xi) any other activity, animal, substance or other thing prescribed under a regulation. Examples for subparagraph (viii) — 1 drifting fibreglass dust resulting from building a fibreglass boat 2 propulsion into the environment of lead particles as a result of sandblasting lead-based paint 3 the release of asbestos fibres through the renovation of a house containing asbestos-cement sheeting or insulation material comprising or containing asbestos\n- (i) a designated pest;\n- (ii) drinking water supplied by a drinking water service provider;\n- (iii) recycled water produced or supplied under a recycled water scheme within the meaning of the Water Supply (Safety and Reliability) Act 2008 ;\n- (iv) water, other than water mentioned in subparagraph (ii) or (iii) ;\n- (v) waste;\n- (vi) a dead or living animal, structure, substance or other thing that has been, or is likely to have been, exposed to an infectious condition;\n- (vii) a dispersal or release of a pesticide, herbicide, solvent or other chemical at a place other than a workplace;\n- (viii) a dispersal or release of a by-product of manufacturing, construction, repair, alteration, cleaning or demolition work at a place other than a workplace;\n- (ix) lead used, or being used, in a way that contravenes section 58 or 59 ;\n- (x) paint used, or being used, in a way that contravenes the standard mentioned in section 60 ;\n- (xi) any other activity, animal, substance or other thing prescribed under a regulation. Examples for subparagraph (viii) — 1 drifting fibreglass dust resulting from building a fibreglass boat 2 propulsion into the environment of lead particles as a result of sandblasting lead-based paint 3 the release of asbestos fibres through the renovation of a house containing asbestos-cement sheeting or insulation material comprising or containing asbestos\n- 1 drifting fibreglass dust resulting from building a fibreglass boat\n- 2 propulsion into the environment of lead particles as a result of sandblasting lead-based paint\n- 3 the release of asbestos fibres through the renovation of a house containing asbestos-cement sheeting or insulation material comprising or containing asbestos\n- (i) is, or is likely to become, a breeding ground or source of food for designated pests; or\n- (ii) harbours, or is likely to become something that harbours, designated pests; or\n- (i) a designated pest;\n- (ii) drinking water supplied by a drinking water service provider;\n- (iii) recycled water produced or supplied under a recycled water scheme within the meaning of the Water Supply (Safety and Reliability) Act 2008 ;\n- (iv) water, other than water mentioned in subparagraph (ii) or (iii) ;\n- (v) waste;\n- (vi) a dead or living animal, structure, substance or other thing that has been, or is likely to have been, exposed to an infectious condition;\n- (vii) a dispersal or release of a pesticide, herbicide, solvent or other chemical at a place other than a workplace;\n- (viii) a dispersal or release of a by-product of manufacturing, construction, repair, alteration, cleaning or demolition work at a place other than a workplace;\n- (ix) lead used, or being used, in a way that contravenes section 58 or 59 ;\n- (x) paint used, or being used, in a way that contravenes the standard mentioned in section 60 ;\n- (xi) any other activity, animal, substance or other thing prescribed under a regulation. Examples for subparagraph (viii) — 1 drifting fibreglass dust resulting from building a fibreglass boat 2 propulsion into the environment of lead particles as a result of sandblasting lead-based paint 3 the release of asbestos fibres through the renovation of a house containing asbestos-cement sheeting or insulation material comprising or containing asbestos\n- 1 drifting fibreglass dust resulting from building a fibreglass boat\n- 2 propulsion into the environment of lead particles as a result of sandblasting lead-based paint\n- 3 the release of asbestos fibres through the renovation of a house containing asbestos-cement sheeting or insulation material comprising or containing asbestos\n- 1 drifting fibreglass dust resulting from building a fibreglass boat\n- 2 propulsion into the environment of lead particles as a result of sandblasting lead-based paint\n- 3 the release of asbestos fibres through the renovation of a house containing asbestos-cement sheeting or insulation material comprising or containing asbestos\n- (a) is, or is likely to be, hazardous to human health; or\n- (b) contributes, or is likely to contribute, to disease in humans or to the transmission of an infectious condition to humans.","sortOrder":14},{"sectionNumber":"ch.2-pt.2","sectionType":"part","heading":"Roles of the State and local governments for public health risks","content":"# Roles of the State and local governments for public health risks","sortOrder":15},{"sectionNumber":"sec.12","sectionType":"section","heading":"When Act administered only by the State","content":"### sec.12 When Act administered only by the State\n\nThis Act is to be administered and enforced by the State and not by local governments for—\nState public health risks; and\na regulation made under section 61 that states that the regulation is to be administered and enforced by the State only.\nThis section is subject to section 14 .\n(sec.12-ssec.1) This Act is to be administered and enforced by the State and not by local governments for— State public health risks; and a regulation made under section 61 that states that the regulation is to be administered and enforced by the State only.\n(sec.12-ssec.2) This section is subject to section 14 .\n- (a) State public health risks; and\n- (b) a regulation made under section 61 that states that the regulation is to be administered and enforced by the State only.","sortOrder":16},{"sectionNumber":"sec.13","sectionType":"section","heading":"When Act administered only by local governments","content":"### sec.13 When Act administered only by local governments\n\nThis Act is to be administered and enforced by local governments and not by the State for—\nlocal government public health risks; and\na regulation made under section 61 that states that the regulation is to be administered and enforced by local governments only.\nThis section is subject to section 14 .\n(sec.13-ssec.1) This Act is to be administered and enforced by local governments and not by the State for— local government public health risks; and a regulation made under section 61 that states that the regulation is to be administered and enforced by local governments only.\n(sec.13-ssec.2) This section is subject to section 14 .\n- (a) local government public health risks; and\n- (b) a regulation made under section 61 that states that the regulation is to be administered and enforced by local governments only.","sortOrder":17},{"sectionNumber":"sec.14","sectionType":"section","heading":"When State and local governments administer this Act in partnership","content":"### sec.14 When State and local governments administer this Act in partnership\n\nThe chief executive and the chief executive officer of a local government may agree that—\nthe State do a thing in the administration or enforcement of this Act for a matter mentioned in section 13 (1) ; or\nthe local government do a thing in the administration or enforcement of this Act for a matter mentioned in section 12 (1) .\nFor subsection (1) (a) , the chief executive may perform functions and exercise powers for this Act for a matter mentioned in section 13 (1) , including appointing authorised persons.\nFor subsection (1) (b) , a chief executive officer may perform functions and exercise powers for this Act for a matter mentioned in section 12 (1) , including appointing authorised persons.\nAn appointment under subsection (2) or (3) may be made before or after an agreement under this section.\n(sec.14-ssec.1) The chief executive and the chief executive officer of a local government may agree that— the State do a thing in the administration or enforcement of this Act for a matter mentioned in section 13 (1) ; or the local government do a thing in the administration or enforcement of this Act for a matter mentioned in section 12 (1) .\n(sec.14-ssec.2) For subsection (1) (a) , the chief executive may perform functions and exercise powers for this Act for a matter mentioned in section 13 (1) , including appointing authorised persons.\n(sec.14-ssec.3) For subsection (1) (b) , a chief executive officer may perform functions and exercise powers for this Act for a matter mentioned in section 12 (1) , including appointing authorised persons.\n(sec.14-ssec.4) An appointment under subsection (2) or (3) may be made before or after an agreement under this section.\n- (a) the State do a thing in the administration or enforcement of this Act for a matter mentioned in section 13 (1) ; or\n- (b) the local government do a thing in the administration or enforcement of this Act for a matter mentioned in section 12 (1) .","sortOrder":18},{"sectionNumber":"sec.15","sectionType":"section","heading":"Action by the State if local government does not administer and enforce this Act","content":"### sec.15 Action by the State if local government does not administer and enforce this Act\n\nSubsection (3) applies if the chief executive—\nis reasonably of the opinion there is a significant risk to public health from a public health risk in a local government’s area for a matter mentioned in section 13 (1) ; and\nis satisfied a local government has not done, or sufficiently done, a thing in the administration or enforcement of this Act for the matter; and\nis reasonably of the opinion that doing the thing is necessary to remove or reduce the risk to public health from a public health risk, or prevent a risk to public health from recurring.\nFor subsection (1) (a) , the chief executive must have regard to the following in forming an opinion about whether there is a significant risk to public health from the public health risk—\nthe potential consequences for the health of individuals;\nthe number of persons likely to be exposed to the risk.\nThe chief executive may do the thing and the reasonable costs and expenses incurred by the chief executive are a debt payable by the local government to the State.\nFor subsections (1) , (2) and (3) , the chief executive may perform functions and exercise powers for this Act for a matter mentioned in section 13 (1) , including appointing authorised persons.\nAn appointment under subsection (4) may be made before or after a local government has not done a thing mentioned in subsection (1) (b) .\n(sec.15-ssec.1) Subsection (3) applies if the chief executive— is reasonably of the opinion there is a significant risk to public health from a public health risk in a local government’s area for a matter mentioned in section 13 (1) ; and is satisfied a local government has not done, or sufficiently done, a thing in the administration or enforcement of this Act for the matter; and is reasonably of the opinion that doing the thing is necessary to remove or reduce the risk to public health from a public health risk, or prevent a risk to public health from recurring.\n(sec.15-ssec.2) For subsection (1) (a) , the chief executive must have regard to the following in forming an opinion about whether there is a significant risk to public health from the public health risk— the potential consequences for the health of individuals; the number of persons likely to be exposed to the risk.\n(sec.15-ssec.3) The chief executive may do the thing and the reasonable costs and expenses incurred by the chief executive are a debt payable by the local government to the State.\n(sec.15-ssec.4) For subsections (1) , (2) and (3) , the chief executive may perform functions and exercise powers for this Act for a matter mentioned in section 13 (1) , including appointing authorised persons.\n(sec.15-ssec.5) An appointment under subsection (4) may be made before or after a local government has not done a thing mentioned in subsection (1) (b) .\n- (a) is reasonably of the opinion there is a significant risk to public health from a public health risk in a local government’s area for a matter mentioned in section 13 (1) ; and\n- (b) is satisfied a local government has not done, or sufficiently done, a thing in the administration or enforcement of this Act for the matter; and\n- (c) is reasonably of the opinion that doing the thing is necessary to remove or reduce the risk to public health from a public health risk, or prevent a risk to public health from recurring.\n- (a) the potential consequences for the health of individuals;\n- (b) the number of persons likely to be exposed to the risk.","sortOrder":19},{"sectionNumber":"sec.16","sectionType":"section","heading":"Procedure before taking action under s 15","content":"### sec.16 Procedure before taking action under s 15\n\nBefore the chief executive does a thing under section 15 (3) , the chief executive must—\nconsult with the chief executive officer of the local government; and\ngive the chief executive officer a reasonable opportunity to do the thing.\n- (a) consult with the chief executive officer of the local government; and\n- (b) give the chief executive officer a reasonable opportunity to do the thing.","sortOrder":20},{"sectionNumber":"sec.17","sectionType":"section","heading":"State may require report from local government","content":"### sec.17 State may require report from local government\n\nThis section applies to a matter under this chapter administered and enforced—\nby both the State and local governments in partnership under section 14 ; or\nby local governments only.\nThe chief executive, by notice, may ask a local government to give the chief executive information about the local government’s administration and enforcement of the matter within a stated reasonable time.\nThe local government must comply with the request.\nHowever, before giving notice under this section, the chief executive must consult with the chief executive officer of the local government.\n(sec.17-ssec.1) This section applies to a matter under this chapter administered and enforced— by both the State and local governments in partnership under section 14 ; or by local governments only.\n(sec.17-ssec.2) The chief executive, by notice, may ask a local government to give the chief executive information about the local government’s administration and enforcement of the matter within a stated reasonable time.\n(sec.17-ssec.3) The local government must comply with the request.\n(sec.17-ssec.4) However, before giving notice under this section, the chief executive must consult with the chief executive officer of the local government.\n- (a) by both the State and local governments in partnership under section 14 ; or\n- (b) by local governments only.","sortOrder":21},{"sectionNumber":"sec.18","sectionType":"section","heading":"Regulation to prescribe who is to administer this Act for particular public health risks","content":"### sec.18 Regulation to prescribe who is to administer this Act for particular public health risks\n\nIf a regulation is made under section 11 (1) (b) (xi) prescribing a public health risk, the regulation must state whether this Act is to be administered and enforced for the public health risk by—\nthe State only; or\nlocal governments only.\ns 18 amd 2008 No. 34 s 651\n- (a) the State only; or\n- (b) local governments only.","sortOrder":22},{"sectionNumber":"sec.19","sectionType":"section","heading":"Effect of Act on local laws","content":"### sec.19 Effect of Act on local laws\n\nThis Act does not prevent a local government from making local laws about public health risks.\nFor this Act, local laws about public health risks have effect despite the Local Government Act 2009 , section 27 .\nHowever, subsection (2) does not apply to a local law that is inconsistent with a regulation made under section 61 .\ns 19 amd 2009 No. 17 s 331 sch 1\n(sec.19-ssec.1) This Act does not prevent a local government from making local laws about public health risks.\n(sec.19-ssec.2) For this Act, local laws about public health risks have effect despite the Local Government Act 2009 , section 27 .\n(sec.19-ssec.3) However, subsection (2) does not apply to a local law that is inconsistent with a regulation made under section 61 .","sortOrder":23},{"sectionNumber":"sec.20","sectionType":"section","heading":"Application of Local Government Act 2009","content":"### sec.20 Application of Local Government Act 2009\n\nThe Local Government Act 2009 , chapter 5 , part 2 , does not apply to the administration and enforcement of this Act by a local government.\ns 20 sub 2009 No. 17 s 331 sch 1","sortOrder":24},{"sectionNumber":"ch.2-pt.3","sectionType":"part","heading":"Public health orders","content":"# Public health orders","sortOrder":25},{"sectionNumber":"ch.2-pt.3-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":26},{"sectionNumber":"sec.21","sectionType":"section","heading":"What public health order may require","content":"### sec.21 What public health order may require\n\nA public health order may require a person to do something at a place that is—\nreasonably necessary to remove or reduce the risk to public health from a public health risk, or prevent a risk to public health from recurring; and\nappropriate in the circumstances having regard to the nature and seriousness of the risk to public health at the time the order is made.\nWithout limiting subsection (1) , a public health order may require a person to do any of the following at the place—\nclean or disinfect the place, or part of the place, or a structure or other thing at the place, in the way stated in the order;\ncarry out insect or pest control at the place in the way stated in the order;\ndemolish stated structures or other property at the place in the way stated in the order;\nremove stated material or items from the place to another place stated in the order in the way stated in the order;\ndispose of stated material or items at the place in the way stated in the order, for example, by burying the material or items;\ndestroy animals at the place or remove animals from the place for destruction at another place in the way stated in the order;\nstop using the place, or part of the place, for a stated purpose, within a stated period or until stated steps are taken.\nA public health order must—\nbe in writing; and\nstate a period within which the person to whom it is given must comply with the order.\nThe period stated under subsection (3) (b) must be reasonable having regard to the risk to public health from the public health risk.\n(sec.21-ssec.1) A public health order may require a person to do something at a place that is— reasonably necessary to remove or reduce the risk to public health from a public health risk, or prevent a risk to public health from recurring; and appropriate in the circumstances having regard to the nature and seriousness of the risk to public health at the time the order is made.\n(sec.21-ssec.2) Without limiting subsection (1) , a public health order may require a person to do any of the following at the place— clean or disinfect the place, or part of the place, or a structure or other thing at the place, in the way stated in the order; carry out insect or pest control at the place in the way stated in the order; demolish stated structures or other property at the place in the way stated in the order; remove stated material or items from the place to another place stated in the order in the way stated in the order; dispose of stated material or items at the place in the way stated in the order, for example, by burying the material or items; destroy animals at the place or remove animals from the place for destruction at another place in the way stated in the order; stop using the place, or part of the place, for a stated purpose, within a stated period or until stated steps are taken.\n(sec.21-ssec.3) A public health order must— be in writing; and state a period within which the person to whom it is given must comply with the order.\n(sec.21-ssec.4) The period stated under subsection (3) (b) must be reasonable having regard to the risk to public health from the public health risk.\n- (a) reasonably necessary to remove or reduce the risk to public health from a public health risk, or prevent a risk to public health from recurring; and\n- (b) appropriate in the circumstances having regard to the nature and seriousness of the risk to public health at the time the order is made.\n- (a) clean or disinfect the place, or part of the place, or a structure or other thing at the place, in the way stated in the order;\n- (b) carry out insect or pest control at the place in the way stated in the order;\n- (c) demolish stated structures or other property at the place in the way stated in the order;\n- (d) remove stated material or items from the place to another place stated in the order in the way stated in the order;\n- (e) dispose of stated material or items at the place in the way stated in the order, for example, by burying the material or items;\n- (f) destroy animals at the place or remove animals from the place for destruction at another place in the way stated in the order;\n- (g) stop using the place, or part of the place, for a stated purpose, within a stated period or until stated steps are taken.\n- (a) be in writing; and\n- (b) state a period within which the person to whom it is given must comply with the order.","sortOrder":27},{"sectionNumber":"sec.22","sectionType":"section","heading":"Public health orders about animals","content":"### sec.22 Public health orders about animals\n\nThis section applies if an authorised person reasonably believes there is a public health risk at a place involving an animal that is, or is likely to be, a carrier of—\nprohibited matter or restricted matter under the Biosecurity Act 2014 ; or\nSee the Biosecurity Act 2014 , schedule 1 or schedule 2\nSee also the note to the Biosecurity Act 2014 , schedules 1 and 2 .\ncontrolled biosecurity matter or regulated biosecurity matter under the Biosecurity Act 2014 .\nBefore an authorised person issues a public health order relating to the animal, the chief executive or chief executive officer must consult the chief executive administering the Biosecurity Act 2014 .\nIn this section—\ncarrier means a carrier under the Biosecurity Act 2014 .\ns 22 amd 2014 No. 7 s 578 sch 4 pt 2\namd 2024 No. 17 s 192 sch 1 pt 3 (uncommenced amendment)\n(sec.22-ssec.1) This section applies if an authorised person reasonably believes there is a public health risk at a place involving an animal that is, or is likely to be, a carrier of— prohibited matter or restricted matter under the Biosecurity Act 2014 ; or See the Biosecurity Act 2014 , schedule 1 or schedule 2 See also the note to the Biosecurity Act 2014 , schedules 1 and 2 . controlled biosecurity matter or regulated biosecurity matter under the Biosecurity Act 2014 .\n(sec.22-ssec.2) Before an authorised person issues a public health order relating to the animal, the chief executive or chief executive officer must consult the chief executive administering the Biosecurity Act 2014 .\n(sec.22-ssec.3) In this section— carrier means a carrier under the Biosecurity Act 2014 .\n- (a) prohibited matter or restricted matter under the Biosecurity Act 2014 ; or Notes— 1 See the Biosecurity Act 2014 , schedule 1 or schedule 2 2 See also the note to the Biosecurity Act 2014 , schedules 1 and 2 .\n- 1 See the Biosecurity Act 2014 , schedule 1 or schedule 2\n- 2 See also the note to the Biosecurity Act 2014 , schedules 1 and 2 .\n- (b) controlled biosecurity matter or regulated biosecurity matter under the Biosecurity Act 2014 .\n- 1 See the Biosecurity Act 2014 , schedule 1 or schedule 2\n- 2 See also the note to the Biosecurity Act 2014 , schedules 1 and 2 .","sortOrder":28},{"sectionNumber":"ch.2-pt.3-div.2","sectionType":"division","heading":"Giving public health orders","content":"## Giving public health orders","sortOrder":29},{"sectionNumber":"sec.23","sectionType":"section","heading":"Public health orders","content":"### sec.23 Public health orders\n\nIf an authorised person reasonably believes that a person is responsible for a public health risk at a place, the authorised person may give a public health order to the person (the recipient ).\nThe public health order must state—\nthe name and address of the recipient; and\nthe nature of the public health risk; and\nthe address of the place of the public health risk; and\nthe steps the recipient must take, or action the recipient must stop, at the place to remove or reduce the risk to public health from the public health risk, or prevent the risk to public health from recurring; and\nthe period within which the steps must be taken or the action must be stopped; and\nthe name of the authorised person; and\nthe name, address and contact details of the issuing authority; and\nthat it is an offence for the recipient not to comply with the order, unless the recipient has a reasonable excuse; and\nthat if the order is not complied with an application may be made to a magistrates court for an enforcement order.\nThe public health order must also set out, or state the effect of, sections 387 and 388 .\nThe recipient must comply with the public health order, unless the recipient has a reasonable excuse.\nMaximum penalty—200 penalty units.\nIf a recipient fails to comply with a public health order, the issuing authority may take action under chapter 9 , for example under section 388 . Other action may be taken under this Act, for example, under division 3 of this part.\n(sec.23-ssec.1) If an authorised person reasonably believes that a person is responsible for a public health risk at a place, the authorised person may give a public health order to the person (the recipient ).\n(sec.23-ssec.2) The public health order must state— the name and address of the recipient; and the nature of the public health risk; and the address of the place of the public health risk; and the steps the recipient must take, or action the recipient must stop, at the place to remove or reduce the risk to public health from the public health risk, or prevent the risk to public health from recurring; and the period within which the steps must be taken or the action must be stopped; and the name of the authorised person; and the name, address and contact details of the issuing authority; and that it is an offence for the recipient not to comply with the order, unless the recipient has a reasonable excuse; and that if the order is not complied with an application may be made to a magistrates court for an enforcement order.\n(sec.23-ssec.3) The public health order must also set out, or state the effect of, sections 387 and 388 .\n(sec.23-ssec.4) The recipient must comply with the public health order, unless the recipient has a reasonable excuse. Maximum penalty—200 penalty units. If a recipient fails to comply with a public health order, the issuing authority may take action under chapter 9 , for example under section 388 . Other action may be taken under this Act, for example, under division 3 of this part.\n- (a) the name and address of the recipient; and\n- (b) the nature of the public health risk; and\n- (c) the address of the place of the public health risk; and\n- (d) the steps the recipient must take, or action the recipient must stop, at the place to remove or reduce the risk to public health from the public health risk, or prevent the risk to public health from recurring; and\n- (e) the period within which the steps must be taken or the action must be stopped; and\n- (f) the name of the authorised person; and\n- (g) the name, address and contact details of the issuing authority; and\n- (h) that it is an offence for the recipient not to comply with the order, unless the recipient has a reasonable excuse; and\n- (i) that if the order is not complied with an application may be made to a magistrates court for an enforcement order.","sortOrder":30},{"sectionNumber":"ch.2-pt.3-div.3","sectionType":"division","heading":"Enforcement of public health orders","content":"## Enforcement of public health orders","sortOrder":31},{"sectionNumber":"sec.24","sectionType":"section","heading":"Issuing authority may apply for enforcement order","content":"### sec.24 Issuing authority may apply for enforcement order\n\nThis section applies if the issuing authority considers a person has contravened a public health order.\nThe issuing authority may apply to a magistrate for an order enforcing the public health order (an enforcement order ).\nThe application must—\nbe sworn; and\nstate the grounds on which the application is made; and\nstate the nature of the enforcement order sought; and\nbe accompanied by a copy of the public health order.\nThe magistrate may refuse to consider the application until the applicant gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.\nThe magistrate may require additional information supporting the application be given by statutory declaration.\n(sec.24-ssec.1) This section applies if the issuing authority considers a person has contravened a public health order.\n(sec.24-ssec.2) The issuing authority may apply to a magistrate for an order enforcing the public health order (an enforcement order ).\n(sec.24-ssec.3) The application must— be sworn; and state the grounds on which the application is made; and state the nature of the enforcement order sought; and be accompanied by a copy of the public health order.\n(sec.24-ssec.4) The magistrate may refuse to consider the application until the applicant gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires. The magistrate may require additional information supporting the application be given by statutory declaration.\n- (a) be sworn; and\n- (b) state the grounds on which the application is made; and\n- (c) state the nature of the enforcement order sought; and\n- (d) be accompanied by a copy of the public health order.","sortOrder":32},{"sectionNumber":"sec.25","sectionType":"section","heading":"Notice of hearing must be given","content":"### sec.25 Notice of hearing must be given\n\nThe person to whom the application relates must be given a notice at least 14 days before the day the application is to be heard.\nThe notice—\nmust be accompanied by a copy of the application; and\nmust state—\nthe time when and the place where the application is to be heard; and\nthat the person may appear at the hearing and be heard on the application; and\nthat, if the person does not appear, the application may be decided in the person’s absence.\nIf the person appears at the time and place stated in the notice, the person is entitled to be heard on the application.\nIf the person does not appear at the time and place stated in the notice, the application may be decided in the person’s absence.\n(sec.25-ssec.1) The person to whom the application relates must be given a notice at least 14 days before the day the application is to be heard.\n(sec.25-ssec.2) The notice— must be accompanied by a copy of the application; and must state— the time when and the place where the application is to be heard; and that the person may appear at the hearing and be heard on the application; and that, if the person does not appear, the application may be decided in the person’s absence.\n(sec.25-ssec.3) If the person appears at the time and place stated in the notice, the person is entitled to be heard on the application.\n(sec.25-ssec.4) If the person does not appear at the time and place stated in the notice, the application may be decided in the person’s absence.\n- (a) must be accompanied by a copy of the application; and\n- (b) must state— (i) the time when and the place where the application is to be heard; and (ii) that the person may appear at the hearing and be heard on the application; and (iii) that, if the person does not appear, the application may be decided in the person’s absence.\n- (i) the time when and the place where the application is to be heard; and\n- (ii) that the person may appear at the hearing and be heard on the application; and\n- (iii) that, if the person does not appear, the application may be decided in the person’s absence.\n- (i) the time when and the place where the application is to be heard; and\n- (ii) that the person may appear at the hearing and be heard on the application; and\n- (iii) that, if the person does not appear, the application may be decided in the person’s absence.","sortOrder":33},{"sectionNumber":"sec.26","sectionType":"section","heading":"When magistrate may order enforcement","content":"### sec.26 When magistrate may order enforcement\n\nThe magistrate may make an enforcement order against the person only if the magistrate is satisfied—\na public health order was given to the person; and\nthe public health order was appropriate in the circumstances having regard to the nature and seriousness of the risk to public health from the public health risk at the time the order was given; and\nthe person has contravened the public health order; and\nnotice under section 25 has been given to the person.\n- (a) a public health order was given to the person; and\n- (b) the public health order was appropriate in the circumstances having regard to the nature and seriousness of the risk to public health from the public health risk at the time the order was given; and\n- (c) the person has contravened the public health order; and\n- (d) notice under section 25 has been given to the person.","sortOrder":34},{"sectionNumber":"sec.27","sectionType":"section","heading":"What enforcement order may require","content":"### sec.27 What enforcement order may require\n\nThe magistrate may make an enforcement order in the same terms as the public health order, or in other terms the magistrate considers appropriate.\nWithout limiting subsection (1) , the magistrate may order either—\nthat—\nthe person against whom the order is made take steps to remove or reduce the risk to public health from the public health risk, or prevent the risk to public health from recurring; and\nif the person fails to take the steps, the issuing authority may enter the place and take the steps; or\nthat the issuing authority may enter a place by its employees or agents to take steps to remove or reduce the risk to public health from the public health risk, or prevent the risk to public health from recurring.\nIf the magistrate makes an order under subsection (2) (a) , the order must state—\nthe address of the place the steps are to be taken; and\nthe steps the person must take; and\nthe period within which the steps must be taken; and\nthat an authorised person—\nmay enter the place to check whether the steps under the order are being, or have been, taken; and\nmay use necessary and reasonable help and force to enter; and\nthe times and intervals for entry under paragraph (d) ; and\nthat if the steps required to be taken under the enforcement order have not been taken within the required period, the issuing authority may take the steps; and\nthat for paragraph (f) , an employee or agent of the issuing authority—\nmay enter the place to take the steps under the order; and\nmay use necessary and reasonable help and force to enter, if the employee or agent is an authorised person or is accompanied by an authorised person; and\nthe times and intervals for entry under paragraph (g) ; and\nwho must pay the costs of taking the steps; and\nthat it is an offence not to comply with the enforcement order unless the person has a reasonable excuse.\nIf the magistrate makes an order under subsection (2) (b) , the order must state—\nthe address of the place where the steps are to be taken; and\nthe steps that may be taken at the place by the issuing authority; and\nthat an employee or agent of the issuing authority—\nmay enter the place to take the steps under the order; and\nmay use necessary and reasonable help and force to enter, if the employee or agent is an authorised person or is accompanied by an authorised person; and\nthe times and intervals for entry under paragraph (c) ; and\nthe day when the order ends; and\nthat an authorised person—\nmay enter the place to check whether the steps under the order are being, or have been, taken; and\nmay use necessary and reasonable help and force to enter; and\nthe times and intervals for entry under paragraph (f) ; and\nwho must pay the cost of taking the steps.\n(sec.27-ssec.1) The magistrate may make an enforcement order in the same terms as the public health order, or in other terms the magistrate considers appropriate.\n(sec.27-ssec.2) Without limiting subsection (1) , the magistrate may order either— that— the person against whom the order is made take steps to remove or reduce the risk to public health from the public health risk, or prevent the risk to public health from recurring; and if the person fails to take the steps, the issuing authority may enter the place and take the steps; or that the issuing authority may enter a place by its employees or agents to take steps to remove or reduce the risk to public health from the public health risk, or prevent the risk to public health from recurring.\n(sec.27-ssec.3) If the magistrate makes an order under subsection (2) (a) , the order must state— the address of the place the steps are to be taken; and the steps the person must take; and the period within which the steps must be taken; and that an authorised person— may enter the place to check whether the steps under the order are being, or have been, taken; and may use necessary and reasonable help and force to enter; and the times and intervals for entry under paragraph (d) ; and that if the steps required to be taken under the enforcement order have not been taken within the required period, the issuing authority may take the steps; and that for paragraph (f) , an employee or agent of the issuing authority— may enter the place to take the steps under the order; and may use necessary and reasonable help and force to enter, if the employee or agent is an authorised person or is accompanied by an authorised person; and the times and intervals for entry under paragraph (g) ; and who must pay the costs of taking the steps; and that it is an offence not to comply with the enforcement order unless the person has a reasonable excuse.\n(sec.27-ssec.4) If the magistrate makes an order under subsection (2) (b) , the order must state— the address of the place where the steps are to be taken; and the steps that may be taken at the place by the issuing authority; and that an employee or agent of the issuing authority— may enter the place to take the steps under the order; and may use necessary and reasonable help and force to enter, if the employee or agent is an authorised person or is accompanied by an authorised person; and the times and intervals for entry under paragraph (c) ; and the day when the order ends; and that an authorised person— may enter the place to check whether the steps under the order are being, or have been, taken; and may use necessary and reasonable help and force to enter; and the times and intervals for entry under paragraph (f) ; and who must pay the cost of taking the steps.\n- (a) that— (i) the person against whom the order is made take steps to remove or reduce the risk to public health from the public health risk, or prevent the risk to public health from recurring; and (ii) if the person fails to take the steps, the issuing authority may enter the place and take the steps; or\n- (i) the person against whom the order is made take steps to remove or reduce the risk to public health from the public health risk, or prevent the risk to public health from recurring; and\n- (ii) if the person fails to take the steps, the issuing authority may enter the place and take the steps; or\n- (b) that the issuing authority may enter a place by its employees or agents to take steps to remove or reduce the risk to public health from the public health risk, or prevent the risk to public health from recurring.\n- (i) the person against whom the order is made take steps to remove or reduce the risk to public health from the public health risk, or prevent the risk to public health from recurring; and\n- (ii) if the person fails to take the steps, the issuing authority may enter the place and take the steps; or\n- (a) the address of the place the steps are to be taken; and\n- (b) the steps the person must take; and\n- (c) the period within which the steps must be taken; and\n- (d) that an authorised person— (i) may enter the place to check whether the steps under the order are being, or have been, taken; and (ii) may use necessary and reasonable help and force to enter; and\n- (i) may enter the place to check whether the steps under the order are being, or have been, taken; and\n- (ii) may use necessary and reasonable help and force to enter; and\n- (e) the times and intervals for entry under paragraph (d) ; and\n- (f) that if the steps required to be taken under the enforcement order have not been taken within the required period, the issuing authority may take the steps; and\n- (g) that for paragraph (f) , an employee or agent of the issuing authority— (i) may enter the place to take the steps under the order; and (ii) may use necessary and reasonable help and force to enter, if the employee or agent is an authorised person or is accompanied by an authorised person; and\n- (i) may enter the place to take the steps under the order; and\n- (ii) may use necessary and reasonable help and force to enter, if the employee or agent is an authorised person or is accompanied by an authorised person; and\n- (h) the times and intervals for entry under paragraph (g) ; and\n- (i) who must pay the costs of taking the steps; and\n- (j) that it is an offence not to comply with the enforcement order unless the person has a reasonable excuse.\n- (i) may enter the place to check whether the steps under the order are being, or have been, taken; and\n- (ii) may use necessary and reasonable help and force to enter; and\n- (i) may enter the place to take the steps under the order; and\n- (ii) may use necessary and reasonable help and force to enter, if the employee or agent is an authorised person or is accompanied by an authorised person; and\n- (a) the address of the place where the steps are to be taken; and\n- (b) the steps that may be taken at the place by the issuing authority; and\n- (c) that an employee or agent of the issuing authority— (i) may enter the place to take the steps under the order; and (ii) may use necessary and reasonable help and force to enter, if the employee or agent is an authorised person or is accompanied by an authorised person; and\n- (i) may enter the place to take the steps under the order; and\n- (ii) may use necessary and reasonable help and force to enter, if the employee or agent is an authorised person or is accompanied by an authorised person; and\n- (d) the times and intervals for entry under paragraph (c) ; and\n- (e) the day when the order ends; and\n- (f) that an authorised person— (i) may enter the place to check whether the steps under the order are being, or have been, taken; and (ii) may use necessary and reasonable help and force to enter; and\n- (i) may enter the place to check whether the steps under the order are being, or have been, taken; and\n- (ii) may use necessary and reasonable help and force to enter; and\n- (g) the times and intervals for entry under paragraph (f) ; and\n- (h) who must pay the cost of taking the steps.\n- (i) may enter the place to take the steps under the order; and\n- (ii) may use necessary and reasonable help and force to enter, if the employee or agent is an authorised person or is accompanied by an authorised person; and\n- (i) may enter the place to check whether the steps under the order are being, or have been, taken; and\n- (ii) may use necessary and reasonable help and force to enter; and","sortOrder":35},{"sectionNumber":"sec.28","sectionType":"section","heading":"Person must comply with enforcement order","content":"### sec.28 Person must comply with enforcement order\n\nA person must comply with an enforcement order unless the person has a reasonable excuse.\nMaximum penalty—400 penalty units.\nSubsection (1) does not limit any other liability a person may incur for a contravention of the order.\n(sec.28-ssec.1) A person must comply with an enforcement order unless the person has a reasonable excuse. Maximum penalty—400 penalty units.\n(sec.28-ssec.2) Subsection (1) does not limit any other liability a person may incur for a contravention of the order.","sortOrder":36},{"sectionNumber":"sec.29","sectionType":"section","heading":"Application may be dealt with in proceeding for offence","content":"### sec.29 Application may be dealt with in proceeding for offence\n\nThis section applies if a person to whom an application for an enforcement order relates is being prosecuted for an offence against section 23 (4) .\nThe application may be dealt with in the prosecution proceedings.\n(sec.29-ssec.1) This section applies if a person to whom an application for an enforcement order relates is being prosecuted for an offence against section 23 (4) .\n(sec.29-ssec.2) The application may be dealt with in the prosecution proceedings.","sortOrder":37},{"sectionNumber":"ch.2-pt.3-div.4","sectionType":"division","heading":"Taking steps under enforcement order","content":"## Taking steps under enforcement order","sortOrder":38},{"sectionNumber":"sec.30","sectionType":"section","heading":"Procedure before entry under enforcement order","content":"### sec.30 Procedure before entry under enforcement order\n\nThis section applies if—\nan enforcement order allows—\nan issuing authority to enter a place by its employees or its agents to take steps under the order; or\nan authorised person to enter a place to check whether the steps under the order are being, or have been, taken; and\nthe employees, agents or authorised person intends to enter the place under the order.\nBefore entering the place, the employee, agent or authorised person must do or make a reasonable attempt to do the following—\nidentify himself or herself to a person present at the place who is an occupier of the place;\ngive the person a copy of the order;\ntell the person that the employee, agent or authorised person is permitted by the order to enter the place;\ngive the person an opportunity to allow the employee, agent or authorised person immediate entry to the place without using force.\nHowever, the employee, agent or authorised person need not comply with subsection (2) if the employee, agent or authorised person believes on reasonable grounds that immediate entry to the place is required to ensure the effective execution of the order is not frustrated.\n(sec.30-ssec.1) This section applies if— an enforcement order allows— an issuing authority to enter a place by its employees or its agents to take steps under the order; or an authorised person to enter a place to check whether the steps under the order are being, or have been, taken; and the employees, agents or authorised person intends to enter the place under the order.\n(sec.30-ssec.2) Before entering the place, the employee, agent or authorised person must do or make a reasonable attempt to do the following— identify himself or herself to a person present at the place who is an occupier of the place; give the person a copy of the order; tell the person that the employee, agent or authorised person is permitted by the order to enter the place; give the person an opportunity to allow the employee, agent or authorised person immediate entry to the place without using force.\n(sec.30-ssec.3) However, the employee, agent or authorised person need not comply with subsection (2) if the employee, agent or authorised person believes on reasonable grounds that immediate entry to the place is required to ensure the effective execution of the order is not frustrated.\n- (a) an enforcement order allows— (i) an issuing authority to enter a place by its employees or its agents to take steps under the order; or (ii) an authorised person to enter a place to check whether the steps under the order are being, or have been, taken; and\n- (i) an issuing authority to enter a place by its employees or its agents to take steps under the order; or\n- (ii) an authorised person to enter a place to check whether the steps under the order are being, or have been, taken; and\n- (b) the employees, agents or authorised person intends to enter the place under the order.\n- (i) an issuing authority to enter a place by its employees or its agents to take steps under the order; or\n- (ii) an authorised person to enter a place to check whether the steps under the order are being, or have been, taken; and\n- (a) identify himself or herself to a person present at the place who is an occupier of the place;\n- (b) give the person a copy of the order;\n- (c) tell the person that the employee, agent or authorised person is permitted by the order to enter the place;\n- (d) give the person an opportunity to allow the employee, agent or authorised person immediate entry to the place without using force.","sortOrder":39},{"sectionNumber":"sec.31","sectionType":"section","heading":"Costs under enforcement order recoverable as a debt","content":"### sec.31 Costs under enforcement order recoverable as a debt\n\nThe issuing authority may recover the amount payable by a person ordered to pay the costs under an enforcement order as a debt due to the issuing authority.\nFor subsection (1) , the amount becomes payable 30 days after the issuing authority gives the person details of the amount of the costs.\nIf the issuing authority is a local government—\nthe amount payable to the local government bears interest as if it were an amount of an overdue rate payable to a local government under the Local Government Act 2009 ; and\nthe amount payable plus interest may be recovered by the local government as if the total amount were an amount of an overdue rate payable to a local government under the Local Government Act 2009 .\ns 31 amd 2009 No. 17 s 331 sch 1\n(sec.31-ssec.1) The issuing authority may recover the amount payable by a person ordered to pay the costs under an enforcement order as a debt due to the issuing authority.\n(sec.31-ssec.2) For subsection (1) , the amount becomes payable 30 days after the issuing authority gives the person details of the amount of the costs.\n(sec.31-ssec.3) If the issuing authority is a local government— the amount payable to the local government bears interest as if it were an amount of an overdue rate payable to a local government under the Local Government Act 2009 ; and the amount payable plus interest may be recovered by the local government as if the total amount were an amount of an overdue rate payable to a local government under the Local Government Act 2009 .\n- (a) the amount payable to the local government bears interest as if it were an amount of an overdue rate payable to a local government under the Local Government Act 2009 ; and\n- (b) the amount payable plus interest may be recovered by the local government as if the total amount were an amount of an overdue rate payable to a local government under the Local Government Act 2009 .","sortOrder":40},{"sectionNumber":"sec.32","sectionType":"section","heading":"Cost under enforcement order a charge over land","content":"### sec.32 Cost under enforcement order a charge over land\n\nThis section applies if an amount (including any interest on the amount) (the unpaid amount ) is payable to a local government by a person under an enforcement order that relates to a public health risk on land owned by the person.\nThe unpaid amount is a charge on the land.\nThe local government may lodge a request to register the charge in the appropriate form over the land with the registrar of titles.\nThe request must be accompanied by a certificate signed by the local government’s chief executive officer stating there is a charge over the land under this section.\nA registered charge has priority over all other encumbrances over the land other than—\nencumbrances in favour of the State or a government entity; and\nrates payable to the local government.\nThe charge is in addition to any other remedy the local government has for recovery of the unpaid amount.\n(sec.32-ssec.1) This section applies if an amount (including any interest on the amount) (the unpaid amount ) is payable to a local government by a person under an enforcement order that relates to a public health risk on land owned by the person.\n(sec.32-ssec.2) The unpaid amount is a charge on the land.\n(sec.32-ssec.3) The local government may lodge a request to register the charge in the appropriate form over the land with the registrar of titles.\n(sec.32-ssec.4) The request must be accompanied by a certificate signed by the local government’s chief executive officer stating there is a charge over the land under this section.\n(sec.32-ssec.5) A registered charge has priority over all other encumbrances over the land other than— encumbrances in favour of the State or a government entity; and rates payable to the local government.\n(sec.32-ssec.6) The charge is in addition to any other remedy the local government has for recovery of the unpaid amount.\n- (a) encumbrances in favour of the State or a government entity; and\n- (b) rates payable to the local government.","sortOrder":41},{"sectionNumber":"ch.2-pt.3-div.5","sectionType":"division","heading":"Recovery of costs from third parties","content":"## Recovery of costs from third parties","sortOrder":42},{"sectionNumber":"sec.33","sectionType":"section","heading":"Recipient may apply for contribution","content":"### sec.33 Recipient may apply for contribution\n\nThis section applies if the recipient of a public health order has complied with the order and considers another person (the third party ) is wholly or partly responsible for the public health risk the subject of the order.\nThe recipient may apply to a magistrates court for an order that the third party pay part or all of the costs of removing or reducing the risk to public health from the public health risk, or of preventing the risk to public health from recurring (the cost recovery order ).\nThe application must—\nbe sworn; and\nstate the grounds on which the application is made; and\nstate the name of the third party; and\nstate the amount sought from the third party; and\nbe accompanied by a copy of the public health order.\nThe magistrate may refuse to consider the application until the applicant gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.\nThe magistrate may require additional information supporting the application be given by statutory declaration.\n(sec.33-ssec.1) This section applies if the recipient of a public health order has complied with the order and considers another person (the third party ) is wholly or partly responsible for the public health risk the subject of the order.\n(sec.33-ssec.2) The recipient may apply to a magistrates court for an order that the third party pay part or all of the costs of removing or reducing the risk to public health from the public health risk, or of preventing the risk to public health from recurring (the cost recovery order ).\n(sec.33-ssec.3) The application must— be sworn; and state the grounds on which the application is made; and state the name of the third party; and state the amount sought from the third party; and be accompanied by a copy of the public health order.\n(sec.33-ssec.4) The magistrate may refuse to consider the application until the applicant gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires. The magistrate may require additional information supporting the application be given by statutory declaration.\n- (a) be sworn; and\n- (b) state the grounds on which the application is made; and\n- (c) state the name of the third party; and\n- (d) state the amount sought from the third party; and\n- (e) be accompanied by a copy of the public health order.","sortOrder":43},{"sectionNumber":"sec.34","sectionType":"section","heading":"Notice of hearing of cost recovery order must be given","content":"### sec.34 Notice of hearing of cost recovery order must be given\n\nThe third party to whom the application relates must be given a notice at least 14 days before the day the application is to be heard.\nThe notice—\nmust be accompanied by a copy of the application; and\nmust state—\nthe time when and the place where the application is to be heard; and\nthat the third party may appear at the hearing and be heard on the application; and\nthat, if the third party does not appear, the application may be decided in the absence of the third party.\nIf the third party appears at the time and place stated in the notice, the third party is entitled to be heard on the application.\nIf the third party does not appear at the time and place stated in the notice, the application may be decided in the absence of the third party.\n(sec.34-ssec.1) The third party to whom the application relates must be given a notice at least 14 days before the day the application is to be heard.\n(sec.34-ssec.2) The notice— must be accompanied by a copy of the application; and must state— the time when and the place where the application is to be heard; and that the third party may appear at the hearing and be heard on the application; and that, if the third party does not appear, the application may be decided in the absence of the third party.\n(sec.34-ssec.3) If the third party appears at the time and place stated in the notice, the third party is entitled to be heard on the application.\n(sec.34-ssec.4) If the third party does not appear at the time and place stated in the notice, the application may be decided in the absence of the third party.\n- (a) must be accompanied by a copy of the application; and\n- (b) must state— (i) the time when and the place where the application is to be heard; and (ii) that the third party may appear at the hearing and be heard on the application; and (iii) that, if the third party does not appear, the application may be decided in the absence of the third party.\n- (i) the time when and the place where the application is to be heard; and\n- (ii) that the third party may appear at the hearing and be heard on the application; and\n- (iii) that, if the third party does not appear, the application may be decided in the absence of the third party.\n- (i) the time when and the place where the application is to be heard; and\n- (ii) that the third party may appear at the hearing and be heard on the application; and\n- (iii) that, if the third party does not appear, the application may be decided in the absence of the third party.","sortOrder":44},{"sectionNumber":"sec.35","sectionType":"section","heading":"When magistrates court may make cost recovery order","content":"### sec.35 When magistrates court may make cost recovery order\n\nA magistrates court may make a cost recovery order against the third party if it is satisfied—\na public health order was given to a person; and\nthe person has complied with the order and has paid, or is liable to pay, an amount for the cost of complying with the order; and\nthe third party is responsible for part or all of the public health risk the subject of the order; and\na copy of the application for the cost recovery order has been given to the third party.\nAn order made by the court is a judgment in the court’s civil jurisdiction.\n(sec.35-ssec.1) A magistrates court may make a cost recovery order against the third party if it is satisfied— a public health order was given to a person; and the person has complied with the order and has paid, or is liable to pay, an amount for the cost of complying with the order; and the third party is responsible for part or all of the public health risk the subject of the order; and a copy of the application for the cost recovery order has been given to the third party.\n(sec.35-ssec.2) An order made by the court is a judgment in the court’s civil jurisdiction.\n- (a) a public health order was given to a person; and\n- (b) the person has complied with the order and has paid, or is liable to pay, an amount for the cost of complying with the order; and\n- (c) the third party is responsible for part or all of the public health risk the subject of the order; and\n- (d) a copy of the application for the cost recovery order has been given to the third party.","sortOrder":45},{"sectionNumber":"ch.2-pt.4","sectionType":"part","heading":"Authorised prevention and control programs","content":"# Authorised prevention and control programs","sortOrder":46},{"sectionNumber":"sec.36","sectionType":"section","heading":"Chief executive may authorise prevention and control program","content":"### sec.36 Chief executive may authorise prevention and control program\n\nThis section applies if the chief executive is satisfied there is, or is likely to be, in an area—\nan outbreak of a disease capable of transmission to humans by designated pests; or\na plague or infestation of designated pests.\nThe chief executive may authorise, in writing, a prevention and control program for the area (the chief executive’s authorisation ).\nHowever, subsection (4) applies if a prevention and control program relates to 1 of the following that affects animals—\nprohibited matter or restricted matter under the Biosecurity Act 2014 ;\nSee the Biosecurity Act 2014 , schedule 1 or schedule 2 .\nSee also the note to the Biosecurity Act 2014 , schedules 1 and 2 .\ncontrolled biosecurity matter or regulated biosecurity matter under the Biosecurity Act 2014 .\nBefore authorising the prevention and control program, the chief executive must consult the chief executive administering the Biosecurity Act 2014 .\nAlso, before authorising a prevention and control program the chief executive must consult with the local government for the area to which the program relates.\ns 36 amd 2014 No. 7 s 578 sch 4 pt 2\namd 2024 No. 17 s 192 sch 1 pt 3 (uncommenced amendment)\n(sec.36-ssec.1) This section applies if the chief executive is satisfied there is, or is likely to be, in an area— an outbreak of a disease capable of transmission to humans by designated pests; or a plague or infestation of designated pests.\n(sec.36-ssec.2) The chief executive may authorise, in writing, a prevention and control program for the area (the chief executive’s authorisation ).\n(sec.36-ssec.3) However, subsection (4) applies if a prevention and control program relates to 1 of the following that affects animals— prohibited matter or restricted matter under the Biosecurity Act 2014 ; See the Biosecurity Act 2014 , schedule 1 or schedule 2 . See also the note to the Biosecurity Act 2014 , schedules 1 and 2 . controlled biosecurity matter or regulated biosecurity matter under the Biosecurity Act 2014 .\n(sec.36-ssec.4) Before authorising the prevention and control program, the chief executive must consult the chief executive administering the Biosecurity Act 2014 .\n(sec.36-ssec.5) Also, before authorising a prevention and control program the chief executive must consult with the local government for the area to which the program relates.\n- (a) an outbreak of a disease capable of transmission to humans by designated pests; or\n- (b) a plague or infestation of designated pests.\n- (a) prohibited matter or restricted matter under the Biosecurity Act 2014 ; Notes— 1 See the Biosecurity Act 2014 , schedule 1 or schedule 2 . 2 See also the note to the Biosecurity Act 2014 , schedules 1 and 2 .\n- 1 See the Biosecurity Act 2014 , schedule 1 or schedule 2 .\n- 2 See also the note to the Biosecurity Act 2014 , schedules 1 and 2 .\n- (b) controlled biosecurity matter or regulated biosecurity matter under the Biosecurity Act 2014 .\n- 1 See the Biosecurity Act 2014 , schedule 1 or schedule 2 .\n- 2 See also the note to the Biosecurity Act 2014 , schedules 1 and 2 .","sortOrder":47},{"sectionNumber":"sec.37","sectionType":"section","heading":"What chief executive’s authorisation must state","content":"### sec.37 What chief executive’s authorisation must state\n\nThe chief executive’s authorisation must state the following—\nthe reasons for the prevention and control program;\nthe designated pests to which the program relates;\nthe area to which the program relates;\nthe types of places within the area to which the program relates;\nthe measures to be taken under the program;\nthe duration of the program;\nwho is to undertake the program;\nany conditions about the way the program is to be undertaken.\n- (a) the reasons for the prevention and control program;\n- (b) the designated pests to which the program relates;\n- (c) the area to which the program relates;\n- (d) the types of places within the area to which the program relates;\n- (e) the measures to be taken under the program;\n- (f) the duration of the program;\n- (g) who is to undertake the program;\n- (h) any conditions about the way the program is to be undertaken.","sortOrder":48},{"sectionNumber":"sec.38","sectionType":"section","heading":"Publication of authorisation","content":"### sec.38 Publication of authorisation\n\nThe chief executive must publish the chief executive’s authorisation at least 7 days before the start of the program, in the area to which the program relates, by newspaper, radio or television.\nFailure to publish the authorisation does not affect the authorisation.\n(sec.38-ssec.1) The chief executive must publish the chief executive’s authorisation at least 7 days before the start of the program, in the area to which the program relates, by newspaper, radio or television.\n(sec.38-ssec.2) Failure to publish the authorisation does not affect the authorisation.","sortOrder":49},{"sectionNumber":"sec.39","sectionType":"section","heading":"Who may undertake prevention and control program","content":"### sec.39 Who may undertake prevention and control program\n\nFor section 37 (g) the chief executive may authorise—\n1 or more local governments, if the chief executive officer of each local government agrees; or\nthe State; or\nthe State and 1 or more local governments, if the chief executive officer of each local government agrees.\nA prevention and control program must be undertaken by authorised persons.\n(sec.39-ssec.1) For section 37 (g) the chief executive may authorise— 1 or more local governments, if the chief executive officer of each local government agrees; or the State; or the State and 1 or more local governments, if the chief executive officer of each local government agrees.\n(sec.39-ssec.2) A prevention and control program must be undertaken by authorised persons.\n- (a) 1 or more local governments, if the chief executive officer of each local government agrees; or\n- (b) the State; or\n- (c) the State and 1 or more local governments, if the chief executive officer of each local government agrees.","sortOrder":50},{"sectionNumber":"sec.40","sectionType":"section","heading":"Powers available for prevention and control program","content":"### sec.40 Powers available for prevention and control program\n\nFor undertaking a prevention and control program, an authorised person may exercise only the powers under this part and must not exercise the powers under chapter 9 .\nSubsection (1) does not apply to the investigation by an authorised person of the contravention of a provision of this part.\n(sec.40-ssec.1) For undertaking a prevention and control program, an authorised person may exercise only the powers under this part and must not exercise the powers under chapter 9 .\n(sec.40-ssec.2) Subsection (1) does not apply to the investigation by an authorised person of the contravention of a provision of this part.","sortOrder":51},{"sectionNumber":"sec.41","sectionType":"section","heading":"Power of authorised persons to enter place for prevention and control program","content":"### sec.41 Power of authorised persons to enter place for prevention and control program\n\nFor undertaking a prevention and control program, an authorised person may enter a place in the area to which the program relates at any reasonable time of the day or night, to search for—\nthe designated pests to which the program relates; and\nan animal, structure, substance or other thing that—\nis, or is likely to become, a breeding ground or source of food for designated pests; or\nharbours, or is likely to become something that harbours, designated pests.\nAn authorised person may not enter a dwelling under subsection (1) without the occupier’s consent.\nFor subsection (2) , the following do not form part of a dwelling—\na carport, other than a carport to which access is restricted;\nthe area of a verandah or deck to which access is not restricted and no provision is made to restrict access;\nthe area underneath the dwelling to which access is not restricted and no provision is made to restrict access;\nany other external part of the dwelling, including, for example, the dwelling’s gutters;\nland around the dwelling.\n(sec.41-ssec.1) For undertaking a prevention and control program, an authorised person may enter a place in the area to which the program relates at any reasonable time of the day or night, to search for— the designated pests to which the program relates; and an animal, structure, substance or other thing that— is, or is likely to become, a breeding ground or source of food for designated pests; or harbours, or is likely to become something that harbours, designated pests.\n(sec.41-ssec.2) An authorised person may not enter a dwelling under subsection (1) without the occupier’s consent.\n(sec.41-ssec.3) For subsection (2) , the following do not form part of a dwelling— a carport, other than a carport to which access is restricted; the area of a verandah or deck to which access is not restricted and no provision is made to restrict access; the area underneath the dwelling to which access is not restricted and no provision is made to restrict access; any other external part of the dwelling, including, for example, the dwelling’s gutters; land around the dwelling.\n- (a) the designated pests to which the program relates; and\n- (b) an animal, structure, substance or other thing that— (i) is, or is likely to become, a breeding ground or source of food for designated pests; or (ii) harbours, or is likely to become something that harbours, designated pests.\n- (i) is, or is likely to become, a breeding ground or source of food for designated pests; or\n- (ii) harbours, or is likely to become something that harbours, designated pests.\n- (i) is, or is likely to become, a breeding ground or source of food for designated pests; or\n- (ii) harbours, or is likely to become something that harbours, designated pests.\n- (a) a carport, other than a carport to which access is restricted;\n- (b) the area of a verandah or deck to which access is not restricted and no provision is made to restrict access;\n- (c) the area underneath the dwelling to which access is not restricted and no provision is made to restrict access;\n- (d) any other external part of the dwelling, including, for example, the dwelling’s gutters;\n- (e) land around the dwelling.","sortOrder":52},{"sectionNumber":"sec.42","sectionType":"section","heading":"Notification of entry","content":"### sec.42 Notification of entry\n\nThis section applies if an authorised person enters a place under section 41 and an occupier is present at the place.\nThe authorised person must immediately after entering the place—\nproduce the authorised person’s identity card for the occupier’s inspection; and\ninform the occupier about the prevention and control program.\n(sec.42-ssec.1) This section applies if an authorised person enters a place under section 41 and an occupier is present at the place.\n(sec.42-ssec.2) The authorised person must immediately after entering the place— produce the authorised person’s identity card for the occupier’s inspection; and inform the occupier about the prevention and control program.\n- (a) produce the authorised person’s identity card for the occupier’s inspection; and\n- (b) inform the occupier about the prevention and control program.","sortOrder":53},{"sectionNumber":"sec.43","sectionType":"section","heading":"Powers of authorised persons after entry","content":"### sec.43 Powers of authorised persons after entry\n\nThis section applies if an authorised person enters a place under section 41 .\nThe authorised person may exercise the following powers—\ntake reasonable steps to eradicate or prevent the occurrence or recurrence of the designated pests, including by the use of pesticides;\ntake a thing, or a sample of or from a thing, at the place for analysis or testing;\ntake into or onto the place any persons, equipment and materials the authorised person reasonably requires for exercising a power under this section;\nrequire a person at the place to give the authorised person reasonable help to exercise the authorised person’s powers under paragraphs (a) to (c) .\nWhen making a requirement mentioned in subsection (2) (d) , the authorised person must warn the person it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse.\nAlso, the authorised person may, under part 3 , give a person a public health order if—\nthe authorised person is appointed for part 3 ; and\nthe public health order is for the prevention or control of the designated pests to which the prevention and control program relates.\nTo remove any doubt, it is declared that the power mentioned in subsection (2) (c) includes the power to leave at the place for a reasonable period the equipment and materials mentioned in that paragraph.\ns 43 amd 2025 No. 21 s 43\n(sec.43-ssec.1) This section applies if an authorised person enters a place under section 41 .\n(sec.43-ssec.2) The authorised person may exercise the following powers— take reasonable steps to eradicate or prevent the occurrence or recurrence of the designated pests, including by the use of pesticides; take a thing, or a sample of or from a thing, at the place for analysis or testing; take into or onto the place any persons, equipment and materials the authorised person reasonably requires for exercising a power under this section; require a person at the place to give the authorised person reasonable help to exercise the authorised person’s powers under paragraphs (a) to (c) .\n(sec.43-ssec.3) When making a requirement mentioned in subsection (2) (d) , the authorised person must warn the person it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse.\n(sec.43-ssec.4) Also, the authorised person may, under part 3 , give a person a public health order if— the authorised person is appointed for part 3 ; and the public health order is for the prevention or control of the designated pests to which the prevention and control program relates.\n(sec.43-ssec.5) To remove any doubt, it is declared that the power mentioned in subsection (2) (c) includes the power to leave at the place for a reasonable period the equipment and materials mentioned in that paragraph.\n- (a) take reasonable steps to eradicate or prevent the occurrence or recurrence of the designated pests, including by the use of pesticides;\n- (b) take a thing, or a sample of or from a thing, at the place for analysis or testing;\n- (c) take into or onto the place any persons, equipment and materials the authorised person reasonably requires for exercising a power under this section;\n- (d) require a person at the place to give the authorised person reasonable help to exercise the authorised person’s powers under paragraphs (a) to (c) .\n- (a) the authorised person is appointed for part 3 ; and\n- (b) the public health order is for the prevention or control of the designated pests to which the prevention and control program relates.","sortOrder":54},{"sectionNumber":"sec.44","sectionType":"section","heading":"Failure to help authorised person","content":"### sec.44 Failure to help authorised person\n\nA person required to give reasonable help under section 43 (2) (d) must comply with the requirement, unless the person has a reasonable excuse.\nMaximum penalty—50 penalty units.","sortOrder":55},{"sectionNumber":"sec.45","sectionType":"section","heading":"Person must not interfere with steps taken","content":"### sec.45 Person must not interfere with steps taken\n\nA person must not do anything that interferes with a step taken by an authorised person under a prevention and control program, unless the person has a reasonable excuse.\nMaximum penalty—100 penalty units.","sortOrder":56},{"sectionNumber":"sec.46","sectionType":"section","heading":"Notification of prevention and control program","content":"### sec.46 Notification of prevention and control program\n\nAn authorised person must, after exercising the authorised person’s powers under a prevention and control program at a place—\nif an occupier is present at the place, inform the occupier—\nof any steps taken, or to be taken, under the program to eradicate or prevent the occurrence or recurrence of the designated pests; and\nif steps have been taken, or are to be taken—that it is an offence to do anything that interferes with a step taken; or\nif an occupier is not present at the place, leave a notice at the place in a reasonably secure way and in a conspicuous position stating—\nthe purpose of the prevention and control program; and\nany steps taken, or to be taken, under the program to eradicate or prevent the occurrence or recurrence of designated pests; and\nif steps have been taken, or are to be taken—that it is an offence to do anything that interferes with a step taken; and\nthe name and contact details of the authorised person.\n- (a) if an occupier is present at the place, inform the occupier— (i) of any steps taken, or to be taken, under the program to eradicate or prevent the occurrence or recurrence of the designated pests; and (ii) if steps have been taken, or are to be taken—that it is an offence to do anything that interferes with a step taken; or\n- (i) of any steps taken, or to be taken, under the program to eradicate or prevent the occurrence or recurrence of the designated pests; and\n- (ii) if steps have been taken, or are to be taken—that it is an offence to do anything that interferes with a step taken; or\n- (b) if an occupier is not present at the place, leave a notice at the place in a reasonably secure way and in a conspicuous position stating— (i) the purpose of the prevention and control program; and (ii) any steps taken, or to be taken, under the program to eradicate or prevent the occurrence or recurrence of designated pests; and (iii) if steps have been taken, or are to be taken—that it is an offence to do anything that interferes with a step taken; and (iv) the name and contact details of the authorised person.\n- (i) the purpose of the prevention and control program; and\n- (ii) any steps taken, or to be taken, under the program to eradicate or prevent the occurrence or recurrence of designated pests; and\n- (iii) if steps have been taken, or are to be taken—that it is an offence to do anything that interferes with a step taken; and\n- (iv) the name and contact details of the authorised person.\n- (i) of any steps taken, or to be taken, under the program to eradicate or prevent the occurrence or recurrence of the designated pests; and\n- (ii) if steps have been taken, or are to be taken—that it is an offence to do anything that interferes with a step taken; or\n- (i) the purpose of the prevention and control program; and\n- (ii) any steps taken, or to be taken, under the program to eradicate or prevent the occurrence or recurrence of designated pests; and\n- (iii) if steps have been taken, or are to be taken—that it is an offence to do anything that interferes with a step taken; and\n- (iv) the name and contact details of the authorised person.","sortOrder":57},{"sectionNumber":"ch.2-pt.5","sectionType":"part","heading":"Environmental health events","content":"# Environmental health events","sortOrder":58},{"sectionNumber":"ch.2-pt.5-div.1","sectionType":"division","heading":"Definition","content":"## Definition","sortOrder":59},{"sectionNumber":"sec.47","sectionType":"section","heading":"Meaning of environmental health event","content":"### sec.47 Meaning of environmental health event\n\nAn environmental health event is an event involving human exposure to a substance or other thing that is known to have, or is reasonably suspected of having, an adverse effect on human health.\nExposure may happen in connection with—\na single identifiable event; or\nan outbreak in a hospital of a new strain of a previously controlled bacterial infection\na situation that happens over a period of time.\nthe exposure to industrial fumes, over a period of years, of persons in a populated area\n(sec.47-ssec.1) An environmental health event is an event involving human exposure to a substance or other thing that is known to have, or is reasonably suspected of having, an adverse effect on human health.\n(sec.47-ssec.2) Exposure may happen in connection with— a single identifiable event; or an outbreak in a hospital of a new strain of a previously controlled bacterial infection a situation that happens over a period of time. the exposure to industrial fumes, over a period of years, of persons in a populated area\n- (a) a single identifiable event; or Example of a single identifiable event— an outbreak in a hospital of a new strain of a previously controlled bacterial infection\n- (b) a situation that happens over a period of time. Example of a situation that happens over a period of time— the exposure to industrial fumes, over a period of years, of persons in a populated area","sortOrder":60},{"sectionNumber":"ch.2-pt.5-div.2","sectionType":"division","heading":"Establishment of environmental health event register","content":"## Establishment of environmental health event register","sortOrder":61},{"sectionNumber":"sec.48","sectionType":"section","heading":"Environmental health event register","content":"### sec.48 Environmental health event register\n\nThe chief executive may establish and keep a register (an environmental health event register ) for an environmental health event if the chief executive considers the event has or may have significant direct or indirect adverse effects on human health.\nThe chief executive may keep the register in a form the chief executive considers appropriate, including an electronic form.\nBefore establishing the register, the chief executive must obtain and consider the views of a human research ethics committee about the register.\n(sec.48-ssec.1) The chief executive may establish and keep a register (an environmental health event register ) for an environmental health event if the chief executive considers the event has or may have significant direct or indirect adverse effects on human health.\n(sec.48-ssec.2) The chief executive may keep the register in a form the chief executive considers appropriate, including an electronic form.\n(sec.48-ssec.3) Before establishing the register, the chief executive must obtain and consider the views of a human research ethics committee about the register.","sortOrder":62},{"sectionNumber":"sec.49","sectionType":"section","heading":"Purposes of register","content":"### sec.49 Purposes of register\n\nThe purposes for establishing an environmental health event register for an environmental health event are the following—\nto help monitor and analyse any adverse effects on human health resulting from the event;\nto provide information that may help in the prevention, minimisation or treatment of any adverse effects on human health resulting from the event or a similar future event.\n- (a) to help monitor and analyse any adverse effects on human health resulting from the event;\n- (b) to provide information that may help in the prevention, minimisation or treatment of any adverse effects on human health resulting from the event or a similar future event.","sortOrder":63},{"sectionNumber":"sec.50","sectionType":"section","heading":"What register must contain","content":"### sec.50 What register must contain\n\nAn environmental health event register must contain—\nthe information that is necessary or convenient for giving effect to the purposes of the register; and\nany information prescribed under a regulation.\n- (a) the information that is necessary or convenient for giving effect to the purposes of the register; and\n- (b) any information prescribed under a regulation.","sortOrder":64},{"sectionNumber":"ch.2-pt.5-div.3","sectionType":"division","heading":"Notifications about environmental health event register","content":"## Notifications about environmental health event register","sortOrder":65},{"sectionNumber":"sec.51","sectionType":"section","heading":"Notification of establishment of register","content":"### sec.51 Notification of establishment of register\n\nAs a soon as practicable after establishing an environmental health event register the chief executive must notify the register’s establishment in the gazette.\nThe notification must include the following—\na description of the environmental health event;\na description of the substance or other thing relevant to the event known to have, or suspected of having, an adverse effect on human health;\nthe type of human exposure to the substance or thing as a result of the event;\nthe geographic area of human exposure to the substance or thing as a result of the event;\ncontact details within the department where further details about the register may be obtained.\n(sec.51-ssec.1) As a soon as practicable after establishing an environmental health event register the chief executive must notify the register’s establishment in the gazette.\n(sec.51-ssec.2) The notification must include the following— a description of the environmental health event; a description of the substance or other thing relevant to the event known to have, or suspected of having, an adverse effect on human health; the type of human exposure to the substance or thing as a result of the event; the geographic area of human exposure to the substance or thing as a result of the event; contact details within the department where further details about the register may be obtained.\n- (a) a description of the environmental health event;\n- (b) a description of the substance or other thing relevant to the event known to have, or suspected of having, an adverse effect on human health;\n- (c) the type of human exposure to the substance or thing as a result of the event;\n- (d) the geographic area of human exposure to the substance or thing as a result of the event;\n- (e) contact details within the department where further details about the register may be obtained.","sortOrder":66},{"sectionNumber":"sec.52","sectionType":"section","heading":"Notification inviting inclusion in register","content":"### sec.52 Notification inviting inclusion in register\n\nAs soon as practicable after notifying the establishment of an environmental health event register for an environmental health event the chief executive must—\nnotify all persons the chief executive considers may have been exposed to a substance or thing because of the event; and\nif satisfied a person may have been exposed to a substance or thing as a result of the event, offer the person the opportunity of having the person’s details included on the register.\nNotification under subsection (1) (a) may be made in the way the chief executive considers appropriate, including, for example, by personal notification or by way of newspaper, radio or television.\n(sec.52-ssec.1) As soon as practicable after notifying the establishment of an environmental health event register for an environmental health event the chief executive must— notify all persons the chief executive considers may have been exposed to a substance or thing because of the event; and if satisfied a person may have been exposed to a substance or thing as a result of the event, offer the person the opportunity of having the person’s details included on the register.\n(sec.52-ssec.2) Notification under subsection (1) (a) may be made in the way the chief executive considers appropriate, including, for example, by personal notification or by way of newspaper, radio or television.\n- (a) notify all persons the chief executive considers may have been exposed to a substance or thing because of the event; and\n- (b) if satisfied a person may have been exposed to a substance or thing as a result of the event, offer the person the opportunity of having the person’s details included on the register.","sortOrder":67},{"sectionNumber":"ch.2-pt.5-div.4","sectionType":"division","heading":"Confidentiality and use of information supplied for environmental health event register","content":"## Confidentiality and use of information supplied for environmental health event register","sortOrder":68},{"sectionNumber":"sec.53","sectionType":"section","heading":"Definitions for div 4","content":"### sec.53 Definitions for div 4\n\nIn this division—\nconfidential information means information that has become known to a relevant person in the course of performing the relevant person’s functions for this part.\ninformation includes a document.\nrelevant person means the following—\na person who is, or was, the chief executive;\na person who is, or was, involved in the administration or enforcement of this part, including, for example, a health service employee or a public service employee.\n- (a) a person who is, or was, the chief executive;\n- (b) a person who is, or was, involved in the administration or enforcement of this part, including, for example, a health service employee or a public service employee.","sortOrder":69},{"sectionNumber":"sec.54","sectionType":"section","heading":"Restriction on inconsistent use of information","content":"### sec.54 Restriction on inconsistent use of information\n\nA relevant person must not use confidential information for a purpose inconsistent with the purposes of the relevant environmental health event register.\nMaximum penalty—50 penalty units.","sortOrder":70},{"sectionNumber":"sec.55","sectionType":"section","heading":"Confidentiality of information","content":"### sec.55 Confidentiality of information\n\nA relevant person must not, whether directly or indirectly, disclose confidential information.\nMaximum penalty—50 penalty units.\nHowever, subsection (1) does not apply if—\nthe confidential information is disclosed—\nin the performance of functions under this Act; or\nwith the written consent of the person to whom the information relates; or\nto the person to whom the information relates; or\nin a form that could not identify any person; or\nthe disclosure of the confidential information is authorised under an Act or another law.\nThe Hospital and Health Boards Act 2011 , section 142 does not apply to a relevant person in relation to confidential information.\nAs a specific offence is created under subsection (1) , subsection (3) provides that the more general provision in the Hospital and Health Boards Act 2011 , section 142 (Confidential information must not be disclosed) does not apply.\ns 55 amd 2011 No. 32 s 332 sch 1 pt 2 (amd 2012 No. 9 s 47 )\n(sec.55-ssec.1) A relevant person must not, whether directly or indirectly, disclose confidential information. Maximum penalty—50 penalty units.\n(sec.55-ssec.2) However, subsection (1) does not apply if— the confidential information is disclosed— in the performance of functions under this Act; or with the written consent of the person to whom the information relates; or to the person to whom the information relates; or in a form that could not identify any person; or the disclosure of the confidential information is authorised under an Act or another law.\n(sec.55-ssec.3) The Hospital and Health Boards Act 2011 , section 142 does not apply to a relevant person in relation to confidential information. As a specific offence is created under subsection (1) , subsection (3) provides that the more general provision in the Hospital and Health Boards Act 2011 , section 142 (Confidential information must not be disclosed) does not apply.\n- (a) the confidential information is disclosed— (i) in the performance of functions under this Act; or (ii) with the written consent of the person to whom the information relates; or (iii) to the person to whom the information relates; or (iv) in a form that could not identify any person; or\n- (i) in the performance of functions under this Act; or\n- (ii) with the written consent of the person to whom the information relates; or\n- (iii) to the person to whom the information relates; or\n- (iv) in a form that could not identify any person; or\n- (b) the disclosure of the confidential information is authorised under an Act or another law.\n- (i) in the performance of functions under this Act; or\n- (ii) with the written consent of the person to whom the information relates; or\n- (iii) to the person to whom the information relates; or\n- (iv) in a form that could not identify any person; or","sortOrder":71},{"sectionNumber":"sec.56","sectionType":"section","heading":"Release of information for an investigation under the Coroners Act","content":"### sec.56 Release of information for an investigation under the Coroners Act\n\nThis section applies if a coroner is investigating the death of a person.\nThe chief executive may give to the coroner, or to a police officer helping the coroner to investigate the death, information from the environmental health event register that is relevant to the person’s death.\nThe coroner or police officer to whom the information is given and anyone else to whom the information is subsequently given under this subsection must not use or disclose the information other than—\nfor a purpose of the investigation; or\nas otherwise required or permitted under this or another Act.\n(sec.56-ssec.1) This section applies if a coroner is investigating the death of a person.\n(sec.56-ssec.2) The chief executive may give to the coroner, or to a police officer helping the coroner to investigate the death, information from the environmental health event register that is relevant to the person’s death.\n(sec.56-ssec.3) The coroner or police officer to whom the information is given and anyone else to whom the information is subsequently given under this subsection must not use or disclose the information other than— for a purpose of the investigation; or as otherwise required or permitted under this or another Act.\n- (a) for a purpose of the investigation; or\n- (b) as otherwise required or permitted under this or another Act.","sortOrder":72},{"sectionNumber":"sec.57","sectionType":"section","heading":"Use of environmental health event register","content":"### sec.57 Use of environmental health event register\n\nThe Minister may, by gazette notice, declare that information contained in an environmental health event register is protected information.\nThe Minister may make a declaration under subsection (1) only if the Minister reasonably believes it is in the public interest to do so.\nIf the Minister makes a declaration under subsection (1) , the protected information—\ncan not be accessed under any order, whether of a judicial or administrative nature, other than an order for the purpose of this Act; and\nis not admissible in any proceeding, other than a proceeding under this Act.\nA person can not be compelled to produce the protected information, or to give evidence relating to the protected information, in any proceeding, other than a proceeding under this Act.\nSubsections (3) (b) and (4) do not apply if the protected information is admitted or produced, or evidence relating to the information is given, with the consent of the person to whom the information relates.\nNothing in this section limits—\nthe giving, use or disclosure of information under section 56 ; or\naccess to protected information by the chief executive or a person authorised by the chief executive.\nIn this section—\norder includes a direction or other process.\n(sec.57-ssec.1) The Minister may, by gazette notice, declare that information contained in an environmental health event register is protected information.\n(sec.57-ssec.2) The Minister may make a declaration under subsection (1) only if the Minister reasonably believes it is in the public interest to do so.\n(sec.57-ssec.3) If the Minister makes a declaration under subsection (1) , the protected information— can not be accessed under any order, whether of a judicial or administrative nature, other than an order for the purpose of this Act; and is not admissible in any proceeding, other than a proceeding under this Act.\n(sec.57-ssec.4) A person can not be compelled to produce the protected information, or to give evidence relating to the protected information, in any proceeding, other than a proceeding under this Act.\n(sec.57-ssec.5) Subsections (3) (b) and (4) do not apply if the protected information is admitted or produced, or evidence relating to the information is given, with the consent of the person to whom the information relates.\n(sec.57-ssec.6) Nothing in this section limits— the giving, use or disclosure of information under section 56 ; or access to protected information by the chief executive or a person authorised by the chief executive.\n(sec.57-ssec.7) In this section— order includes a direction or other process.\n- (a) can not be accessed under any order, whether of a judicial or administrative nature, other than an order for the purpose of this Act; and\n- (b) is not admissible in any proceeding, other than a proceeding under this Act.\n- (a) the giving, use or disclosure of information under section 56 ; or\n- (b) access to protected information by the chief executive or a person authorised by the chief executive.","sortOrder":73},{"sectionNumber":"ch.2-pt.5A","sectionType":"part","heading":"Provisions about drinking water and recycled water","content":"# Provisions about drinking water and recycled water","sortOrder":74},{"sectionNumber":"ch.2-pt.5A-div.1","sectionType":"division","heading":"Improvement notices","content":"## Improvement notices","sortOrder":75},{"sectionNumber":"sec.57A","sectionType":"section","heading":"Improvement notice","content":"### sec.57A Improvement notice\n\nThis section applies if an authorised person appointed by the chief executive reasonably believes—\na water service provider—\nis contravening section 57E or 57F ; or\nhas contravened section 57E or 57F in circumstances that make it likely the contravention will continue or be repeated; and\na matter relating to the contravention can be remedied; and\nit is appropriate to give the water service provider an opportunity to remedy the matter.\nThe authorised person may give the water service provider a notice (an improvement notice ) requiring the water service provider to remedy the contravention or have the contravention remedied.\nThe improvement notice must state the following—\nthe provision the authorised person believes is being, or has been, contravened (the relevant provision );\nthat the authorised person reasonably believes the water service provider—\nis contravening the relevant provision; or\nhas contravened the relevant provision in circumstances that make it likely the contravention will continue or be repeated;\nbriefly, how it is believed the relevant provision is being, or has been, contravened;\nthe period within which the water service provider must remedy the contravention or have the contravention remedied;\nthat it is an offence to fail to comply with the improvement notice unless the water service provider has a reasonable excuse.\nThe period stated under subsection (3) (d) must be reasonable having regard to the risk to public health or safety posed by the contravention.\nThe improvement notice may also state the reasonable steps that the authorised person considers necessary to remedy the contravention, or avoid further contravention, of the relevant provision.\na requirement to issue notices about the need to boil water to remove contaminants from the water\nThe authorised person must keep a copy of the improvement notice.\nThe water service provider must comply with the improvement notice unless the provider has a reasonable excuse.\nMaximum penalty—the maximum penalty for contravening the relevant provision.\nThe water service provider can not be prosecuted for the offence for which the improvement notice is given unless the provider fails to comply with the improvement notice and does not have a reasonable excuse for the noncompliance.\nA water service provider may be prosecuted for the contravention of a relevant provision without an authorised person first giving an improvement notice for the contravention.\ns 57A ins 2008 No. 34 s 652\n(sec.57A-ssec.1) This section applies if an authorised person appointed by the chief executive reasonably believes— a water service provider— is contravening section 57E or 57F ; or has contravened section 57E or 57F in circumstances that make it likely the contravention will continue or be repeated; and a matter relating to the contravention can be remedied; and it is appropriate to give the water service provider an opportunity to remedy the matter.\n(sec.57A-ssec.2) The authorised person may give the water service provider a notice (an improvement notice ) requiring the water service provider to remedy the contravention or have the contravention remedied.\n(sec.57A-ssec.3) The improvement notice must state the following— the provision the authorised person believes is being, or has been, contravened (the relevant provision ); that the authorised person reasonably believes the water service provider— is contravening the relevant provision; or has contravened the relevant provision in circumstances that make it likely the contravention will continue or be repeated; briefly, how it is believed the relevant provision is being, or has been, contravened; the period within which the water service provider must remedy the contravention or have the contravention remedied; that it is an offence to fail to comply with the improvement notice unless the water service provider has a reasonable excuse.\n(sec.57A-ssec.4) The period stated under subsection (3) (d) must be reasonable having regard to the risk to public health or safety posed by the contravention.\n(sec.57A-ssec.5) The improvement notice may also state the reasonable steps that the authorised person considers necessary to remedy the contravention, or avoid further contravention, of the relevant provision. a requirement to issue notices about the need to boil water to remove contaminants from the water\n(sec.57A-ssec.6) The authorised person must keep a copy of the improvement notice.\n(sec.57A-ssec.7) The water service provider must comply with the improvement notice unless the provider has a reasonable excuse. Maximum penalty—the maximum penalty for contravening the relevant provision.\n(sec.57A-ssec.8) The water service provider can not be prosecuted for the offence for which the improvement notice is given unless the provider fails to comply with the improvement notice and does not have a reasonable excuse for the noncompliance.\n(sec.57A-ssec.9) A water service provider may be prosecuted for the contravention of a relevant provision without an authorised person first giving an improvement notice for the contravention.\n- (a) a water service provider— (i) is contravening section 57E or 57F ; or (ii) has contravened section 57E or 57F in circumstances that make it likely the contravention will continue or be repeated; and\n- (i) is contravening section 57E or 57F ; or\n- (ii) has contravened section 57E or 57F in circumstances that make it likely the contravention will continue or be repeated; and\n- (b) a matter relating to the contravention can be remedied; and\n- (c) it is appropriate to give the water service provider an opportunity to remedy the matter.\n- (i) is contravening section 57E or 57F ; or\n- (ii) has contravened section 57E or 57F in circumstances that make it likely the contravention will continue or be repeated; and\n- (a) the provision the authorised person believes is being, or has been, contravened (the relevant provision );\n- (b) that the authorised person reasonably believes the water service provider— (i) is contravening the relevant provision; or (ii) has contravened the relevant provision in circumstances that make it likely the contravention will continue or be repeated;\n- (i) is contravening the relevant provision; or\n- (ii) has contravened the relevant provision in circumstances that make it likely the contravention will continue or be repeated;\n- (c) briefly, how it is believed the relevant provision is being, or has been, contravened;\n- (d) the period within which the water service provider must remedy the contravention or have the contravention remedied;\n- (e) that it is an offence to fail to comply with the improvement notice unless the water service provider has a reasonable excuse.\n- (i) is contravening the relevant provision; or\n- (ii) has contravened the relevant provision in circumstances that make it likely the contravention will continue or be repeated;","sortOrder":76},{"sectionNumber":"sec.57B","sectionType":"section","heading":"Record of compliance with improvement notice","content":"### sec.57B Record of compliance with improvement notice\n\nIf a water service provider who is given an improvement notice by an authorised person under this division reasonably believes the provider has complied with the notice, the provider may inform the authorised person of the belief.\nIf the authorised person is satisfied the water service provider has complied with the improvement notice, the authorised person must—\nrecord the date of the compliance on the authorised person’s copy of the notice; and\nif asked, give a copy of the notice to the water service provider.\ns 57B ins 2008 No. 34 s 652\n(sec.57B-ssec.1) If a water service provider who is given an improvement notice by an authorised person under this division reasonably believes the provider has complied with the notice, the provider may inform the authorised person of the belief.\n(sec.57B-ssec.2) If the authorised person is satisfied the water service provider has complied with the improvement notice, the authorised person must— record the date of the compliance on the authorised person’s copy of the notice; and if asked, give a copy of the notice to the water service provider.\n- (a) record the date of the compliance on the authorised person’s copy of the notice; and\n- (b) if asked, give a copy of the notice to the water service provider.","sortOrder":77},{"sectionNumber":"ch.2-pt.5A-div.2","sectionType":"division","heading":"Offences about supply of drinking water or recycled water","content":"## Offences about supply of drinking water or recycled water","sortOrder":78},{"sectionNumber":"sec.57C","sectionType":"section","heading":"When drinking water is unsafe","content":"### sec.57C When drinking water is unsafe\n\nDrinking water is unsafe at a particular time if it would be likely to cause physical harm to a person who might later consume it, assuming nothing happened to it after that particular time and before being consumed by the person that would prevent its being used for its intended use.\ns 57C ins 2008 No. 34 s 652","sortOrder":79},{"sectionNumber":"sec.57D","sectionType":"section","heading":"When recycled water is fit for use","content":"### sec.57D When recycled water is fit for use\n\nRecycled water is fit for use at a particular time if it would not be likely to cause physical harm to a person who might later be exposed to it, assuming—\nnothing happened to it after that particular time and before the person was exposed to it that would prevent its being used for its intended use; and\nit was used according to its intended use.\ns 57D ins 2008 No. 34 s 652\n- (a) nothing happened to it after that particular time and before the person was exposed to it that would prevent its being used for its intended use; and\n- (b) it was used according to its intended use.","sortOrder":80},{"sectionNumber":"sec.57E","sectionType":"section","heading":"Supply of unsafe drinking water","content":"### sec.57E Supply of unsafe drinking water\n\nA drinking water service provider must not supply drinking water that the provider knows, or reasonably ought to know, is unsafe.\nMaximum penalty—3,000 penalty units or 2 years imprisonment.\nThis provision is an executive liability provision—see section 448 .\ns 57E ins 2008 No. 34 s 652\namd 2013 No. 51 s 229 sch 1","sortOrder":81},{"sectionNumber":"sec.57F","sectionType":"section","heading":"Supply of recycled water that is not fit for use","content":"### sec.57F Supply of recycled water that is not fit for use\n\nThis section applies to a recycled water provider that supplies recycled water for use other than as drinking water.\nThe recycled water provider must not supply the recycled water if the provider knows, or reasonably ought to know, the recycled water is not fit for use.\nMaximum penalty—1,350 penalty units or 2 years imprisonment.\nThis provision is an executive liability provision—see section 448 .\ns 57F ins 2008 No. 34 s 652\namd 2013 No. 51 s 229 sch 1\n(sec.57F-ssec.1) This section applies to a recycled water provider that supplies recycled water for use other than as drinking water.\n(sec.57F-ssec.2) The recycled water provider must not supply the recycled water if the provider knows, or reasonably ought to know, the recycled water is not fit for use. Maximum penalty—1,350 penalty units or 2 years imprisonment. This provision is an executive liability provision—see section 448 .","sortOrder":82},{"sectionNumber":"ch.2-pt.5A-div.3","sectionType":"division","heading":"Information requests","content":"## Information requests","sortOrder":83},{"sectionNumber":"sec.57G","sectionType":"section","heading":"Power to require information","content":"### sec.57G Power to require information\n\nThis section applies if—\nan authorised person appointed by the chief executive reasonably believes—\nthere is a risk to public health or safety because of the production or supply of drinking water or recycled water; and\na person may be able to give information about the circumstances giving rise to the risk; and\nthe authorised person has explained to the person that information is needed to attempt to prevent or minimise the risk or potential risk to public health.\nThe authorised person may ask the person to give the authorised person the following information (the required information ) within a stated reasonable period—\nthe person’s name and address where the person can be contacted;\ninformation about the circumstances giving rise to the risk.\nThe authorised person may ask the person to give the authorised person evidence of the correctness of the required information, within a stated reasonable period, if the authorised person reasonably suspects the information to be false.\nIf the person does not comply with a request under subsection (2) or (3) , the authorised person may give the person a notice that—\nstates the required information the person is required to give; and\nstates the information is needed to attempt to prevent or minimise a risk or potential risk to public health; and\nrequires the person to give the authorised person the required information within a stated reasonable period; and\nwarns the person it is an offence to not give the required information, unless the person has a reasonable excuse.\ns 57G ins 2008 No. 34 s 652\n(sec.57G-ssec.1) This section applies if— an authorised person appointed by the chief executive reasonably believes— there is a risk to public health or safety because of the production or supply of drinking water or recycled water; and a person may be able to give information about the circumstances giving rise to the risk; and the authorised person has explained to the person that information is needed to attempt to prevent or minimise the risk or potential risk to public health.\n(sec.57G-ssec.2) The authorised person may ask the person to give the authorised person the following information (the required information ) within a stated reasonable period— the person’s name and address where the person can be contacted; information about the circumstances giving rise to the risk.\n(sec.57G-ssec.3) The authorised person may ask the person to give the authorised person evidence of the correctness of the required information, within a stated reasonable period, if the authorised person reasonably suspects the information to be false.\n(sec.57G-ssec.4) If the person does not comply with a request under subsection (2) or (3) , the authorised person may give the person a notice that— states the required information the person is required to give; and states the information is needed to attempt to prevent or minimise a risk or potential risk to public health; and requires the person to give the authorised person the required information within a stated reasonable period; and warns the person it is an offence to not give the required information, unless the person has a reasonable excuse.\n- (a) an authorised person appointed by the chief executive reasonably believes— (i) there is a risk to public health or safety because of the production or supply of drinking water or recycled water; and (ii) a person may be able to give information about the circumstances giving rise to the risk; and\n- (i) there is a risk to public health or safety because of the production or supply of drinking water or recycled water; and\n- (ii) a person may be able to give information about the circumstances giving rise to the risk; and\n- (b) the authorised person has explained to the person that information is needed to attempt to prevent or minimise the risk or potential risk to public health.\n- (i) there is a risk to public health or safety because of the production or supply of drinking water or recycled water; and\n- (ii) a person may be able to give information about the circumstances giving rise to the risk; and\n- (a) the person’s name and address where the person can be contacted;\n- (b) information about the circumstances giving rise to the risk.\n- (a) states the required information the person is required to give; and\n- (b) states the information is needed to attempt to prevent or minimise a risk or potential risk to public health; and\n- (c) requires the person to give the authorised person the required information within a stated reasonable period; and\n- (d) warns the person it is an offence to not give the required information, unless the person has a reasonable excuse.","sortOrder":84},{"sectionNumber":"sec.57H","sectionType":"section","heading":"Failure to give information","content":"### sec.57H Failure to give information\n\nA person who is given a notice under section 57G (4) must comply with the notice, unless the person has a reasonable excuse.\nMaximum penalty—50 penalty units.\nIf the person is an individual, it is a reasonable excuse for the person to fail to comply with the notice that complying with the notice might tend to incriminate the person.\ns 57H ins 2008 No. 34 s 652\n(sec.57H-ssec.1) A person who is given a notice under section 57G (4) must comply with the notice, unless the person has a reasonable excuse. Maximum penalty—50 penalty units.\n(sec.57H-ssec.2) If the person is an individual, it is a reasonable excuse for the person to fail to comply with the notice that complying with the notice might tend to incriminate the person.","sortOrder":85},{"sectionNumber":"ch.2-pt.6","sectionType":"part","heading":"Lead","content":"# Lead","sortOrder":86},{"sectionNumber":"sec.58","sectionType":"section","heading":"Lead in buildings must not be accessible to children","content":"### sec.58 Lead in buildings must not be accessible to children\n\nA person must not use or permit the use of lead in, or for the purposes of, constructing, erecting, altering, extending, improving, renovating or repairing a building or part of a building if the lead is, or may be, easily accessible to children.\nMaximum penalty—100 penalty units.\nThe owner of a building, or part of a building, must not knowingly allow lead to remain in or on the building or part of the building if the lead is, or may be, easily accessible to children.\nMaximum penalty—100 penalty units.\n(sec.58-ssec.1) A person must not use or permit the use of lead in, or for the purposes of, constructing, erecting, altering, extending, improving, renovating or repairing a building or part of a building if the lead is, or may be, easily accessible to children. Maximum penalty—100 penalty units.\n(sec.58-ssec.2) The owner of a building, or part of a building, must not knowingly allow lead to remain in or on the building or part of the building if the lead is, or may be, easily accessible to children. Maximum penalty—100 penalty units.","sortOrder":87},{"sectionNumber":"sec.59","sectionType":"section","heading":"Lead must not be used in water collection","content":"### sec.59 Lead must not be used in water collection\n\nA person must not use, or permit the use of, in a building any of the following things if the thing has in or on it a substance that contains lead—\na roof, guttering, downpipe or other thing for carrying water to a tank or other receptacle for potable water;\na tank or other receptacle for potable water.\nMaximum penalty—100 penalty units.\nThe owner of a building must not knowingly allow any of the following to remain in the building if they have in or on them a substance that contains lead—\na roof, guttering, downpipe or other thing for carrying water to a tank or other receptacle for potable water;\na tank or other receptacle for potable water.\nMaximum penalty—100 penalty units.\nIn this section—\npotable water means water that is intended to be, or is likely to be, used for human consumption.\ns 59 amd 2008 No. 34 s 653\n(sec.59-ssec.1) A person must not use, or permit the use of, in a building any of the following things if the thing has in or on it a substance that contains lead— a roof, guttering, downpipe or other thing for carrying water to a tank or other receptacle for potable water; a tank or other receptacle for potable water. Maximum penalty—100 penalty units.\n(sec.59-ssec.2) The owner of a building must not knowingly allow any of the following to remain in the building if they have in or on them a substance that contains lead— a roof, guttering, downpipe or other thing for carrying water to a tank or other receptacle for potable water; a tank or other receptacle for potable water. Maximum penalty—100 penalty units.\n(sec.59-ssec.3) In this section— potable water means water that is intended to be, or is likely to be, used for human consumption.\n- (a) a roof, guttering, downpipe or other thing for carrying water to a tank or other receptacle for potable water;\n- (b) a tank or other receptacle for potable water.\n- (a) a roof, guttering, downpipe or other thing for carrying water to a tank or other receptacle for potable water;\n- (b) a tank or other receptacle for potable water.","sortOrder":88},{"sectionNumber":"ch.2-pt.7","sectionType":"part","heading":"Paint","content":"# Paint","sortOrder":89},{"sectionNumber":"sec.60","sectionType":"section","heading":"Person must comply with standard","content":"### sec.60 Person must comply with standard\n\nA person manufacturing, selling, supplying or using paint must comply with a provision of a standard prescribed by regulation.\nMaximum penalty—100 penalty units.\ns 60 sub 2019 No. 13 s 16","sortOrder":90},{"sectionNumber":"ch.2-pt.8","sectionType":"part","heading":"Regulations about public health risks","content":"# Regulations about public health risks","sortOrder":91},{"sectionNumber":"sec.61","sectionType":"section","heading":"Regulations about public health risks","content":"### sec.61 Regulations about public health risks\n\nA regulation may be made for this chapter about public health risks including—\nstandards for water quality in residential and non-residential swimming pools, spas, hydrotherapy pools, water slides and recreational water parks, for human use; and\nmeasures to control designated pests, including—\nstandards for the proofing of any building against designated pests; and\nprocedures to be followed to prevent the breeding of, to eliminate any refuge or food source for, or to eradicate, designated pests; and\nthe imposition of a permit system for keeping designated pests; and\nmeasures to prevent and control public health risks.\nA regulation made under this section must state whether the regulation is to be administered and enforced by—\nthe State only; or\nlocal governments only.\nA regulation made under this section does not bind the State except to the extent prescribed by the regulation.\n(sec.61-ssec.1) A regulation may be made for this chapter about public health risks including— standards for water quality in residential and non-residential swimming pools, spas, hydrotherapy pools, water slides and recreational water parks, for human use; and measures to control designated pests, including— standards for the proofing of any building against designated pests; and procedures to be followed to prevent the breeding of, to eliminate any refuge or food source for, or to eradicate, designated pests; and the imposition of a permit system for keeping designated pests; and measures to prevent and control public health risks.\n(sec.61-ssec.2) A regulation made under this section must state whether the regulation is to be administered and enforced by— the State only; or local governments only.\n(sec.61-ssec.3) A regulation made under this section does not bind the State except to the extent prescribed by the regulation.\n- (a) standards for water quality in residential and non-residential swimming pools, spas, hydrotherapy pools, water slides and recreational water parks, for human use; and\n- (b) measures to control designated pests, including— (i) standards for the proofing of any building against designated pests; and (ii) procedures to be followed to prevent the breeding of, to eliminate any refuge or food source for, or to eradicate, designated pests; and (iii) the imposition of a permit system for keeping designated pests; and\n- (i) standards for the proofing of any building against designated pests; and\n- (ii) procedures to be followed to prevent the breeding of, to eliminate any refuge or food source for, or to eradicate, designated pests; and\n- (iii) the imposition of a permit system for keeping designated pests; and\n- (c) measures to prevent and control public health risks.\n- (i) standards for the proofing of any building against designated pests; and\n- (ii) procedures to be followed to prevent the breeding of, to eliminate any refuge or food source for, or to eradicate, designated pests; and\n- (iii) the imposition of a permit system for keeping designated pests; and\n- (a) the State only; or\n- (b) local governments only.","sortOrder":92},{"sectionNumber":"ch.2A-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":93},{"sectionNumber":"sec.61A","sectionType":"section","heading":"Definitions for chapter","content":"### sec.61A Definitions for chapter\n\nIn this chapter—\napproved provider means an entity for which an approval is in force under the Aged Care Act 1997 (Cwlth) .\ncooling tower means a device for lowering the temperature of water by evaporative cooling in which atmospheric air passes through sprayed water exchanging heat, and includes a device incorporating a refrigerant or water heat exchanger.\ns 61A def cooling tower sub 2024 No. 11 s 72 sch 1\nhazard means—\nLegionella; or\nmicroorganisms, substances or physical properties of water that are reasonably expected to cause injury or illness to an individual; or\nmicroorganisms or substances prescribed by regulation.\nhazardous event , for a prescribed facility, means—\nan event, or series of events, that causes or has the potential to cause the presence of a hazard in water within a prescribed facility’s water distribution system; or\nan interruption of the supply of water to the prescribed facility.\nhazard source means a location or condition that establishes or increases the presence of a hazard.\nhealth service chief executive ...\ns 61A def health service chief executive om 2017 No. 16 s 4\nLegionella means bacteria belonging to the genus Legionella .\nprescribed facility means—\na public sector hospital that provides treatment or care to inpatients; or\na private health facility licensed under the Private Health Facilities Act 1999 ; or\na State aged care facility; or\na residential aged care facility, other than a State aged care facility, prescribed by regulation.\nprescribed test means a test for Legionella prescribed by regulation for this chapter.\nresidential aged care facility means a facility at which an approved provider provides residential care under the Aged Care Act 1997 (Cwlth) .\nresidential care has the meaning given by the Aged Care Act 1997 (Cwlth) , section 41 – 3 .\nresponsible person , for a prescribed facility, means—\nfor a prescribed facility that is a public sector hospital—the health service chief executive for the public sector hospital; or\nfor a prescribed facility that is a private health facility licensed under the Private Health Facilities Act 1999 —the licensee for the private health facility under that Act; or\nfor a prescribed facility that is a State aged care facility—the health service chief executive for the State aged care facility; or\nfor a prescribed facility that is a residential aged care facility, other than a State aged care facility—the approved provider that provides residential care at the residential aged care facility.\nState aged care facility means a residential aged care facility at which the State provides residential care.\nwater distribution system , of a prescribed facility—\nmeans the infrastructure within the prescribed facility from every point where water enters the facility through the infrastructure to every point where the water is used; but\ndoes not include a cooling tower.\nwater risk management plan , for a prescribed facility, means a written plan to prevent or minimise the risks posed by hazards, hazard sources or hazardous events to individuals at the prescribed facility.\ns 61A ins 2016 No. 33 s 4\n- (a) Legionella; or\n- (b) microorganisms, substances or physical properties of water that are reasonably expected to cause injury or illness to an individual; or\n- (c) microorganisms or substances prescribed by regulation.\n- (a) an event, or series of events, that causes or has the potential to cause the presence of a hazard in water within a prescribed facility’s water distribution system; or\n- (b) an interruption of the supply of water to the prescribed facility.\n- (a) a public sector hospital that provides treatment or care to inpatients; or\n- (b) a private health facility licensed under the Private Health Facilities Act 1999 ; or\n- (c) a State aged care facility; or\n- (d) a residential aged care facility, other than a State aged care facility, prescribed by regulation.\n- (a) for a prescribed facility that is a public sector hospital—the health service chief executive for the public sector hospital; or\n- (b) for a prescribed facility that is a private health facility licensed under the Private Health Facilities Act 1999 —the licensee for the private health facility under that Act; or\n- (c) for a prescribed facility that is a State aged care facility—the health service chief executive for the State aged care facility; or\n- (d) for a prescribed facility that is a residential aged care facility, other than a State aged care facility—the approved provider that provides residential care at the residential aged care facility.\n- (a) means the infrastructure within the prescribed facility from every point where water enters the facility through the infrastructure to every point where the water is used; but\n- (b) does not include a cooling tower.","sortOrder":94},{"sectionNumber":"sec.61B","sectionType":"section","heading":"Operation of chs 2 and 2A","content":"### sec.61B Operation of chs 2 and 2A\n\nNothing in this chapter is intended to affect the operation of chapter 2 .\ns 61B ins 2016 No. 33 s 4\n(sec.61B-ssec) Nothing in this chapter is intended to affect the operation of chapter 2 .","sortOrder":95},{"sectionNumber":"ch.2A-pt.2","sectionType":"part","heading":"Requirement and content of plans","content":"# Requirement and content of plans","sortOrder":96},{"sectionNumber":"sec.61C","sectionType":"section","heading":"Requirement for water risk management plans","content":"### sec.61C Requirement for water risk management plans\n\nThe responsible person for a prescribed facility must ensure there is a water risk management plan for the prescribed facility that complies with section 61D , unless the person has a reasonable excuse.\nMaximum penalty—500 penalty units.\ns 61C ins 2016 No. 33 s 4\n(sec.61C-ssec) The responsible person for a prescribed facility must ensure there is a water risk management plan for the prescribed facility that complies with section 61D , unless the person has a reasonable excuse. Maximum penalty—500 penalty units.","sortOrder":97},{"sectionNumber":"sec.61D","sectionType":"section","heading":"Content of water risk management plans","content":"### sec.61D Content of water risk management plans\n\nThe water risk management plan for a prescribed facility must—\ndescribe the prescribed facility’s water distribution system; and\nidentify hazards, hazard sources and hazardous events relevant to water within the prescribed facility’s water distribution system; and\nassess the risks associated with hazards, hazard sources and hazardous events identified under paragraph (b) ; and\nstate the following—\nmeasures to be taken to control the risks assessed under paragraph (c) ;\nthe procedures that must be implemented for monitoring the effectiveness of the measures;\na schedule that must be complied with for testing water for Legionella and other identified hazards at a frequency informed by the risks, measures and procedures;\nthe way records of results obtained under subparagraphs (ii) and (iii) will be kept; and\nstate procedures for responding to—\nthe results of monitoring that indicate the failure of measures taken to control risks assessed under paragraph (c) ; and\nthe results of testing that indicate the presence of a hazard in water within the prescribed facility’s water distribution system; and\ninclude a requirement for the water risk management plan to be reviewed and when that review is to be carried out; and\ninclude any other requirement prescribed by regulation.\ns 61D ins 2016 No. 33 s 4\namd 2020 No. 31 s 27\n- (a) describe the prescribed facility’s water distribution system; and\n- (b) identify hazards, hazard sources and hazardous events relevant to water within the prescribed facility’s water distribution system; and\n- (c) assess the risks associated with hazards, hazard sources and hazardous events identified under paragraph (b) ; and\n- (d) state the following— (i) measures to be taken to control the risks assessed under paragraph (c) ; (ii) the procedures that must be implemented for monitoring the effectiveness of the measures; (iii) a schedule that must be complied with for testing water for Legionella and other identified hazards at a frequency informed by the risks, measures and procedures; (iv) the way records of results obtained under subparagraphs (ii) and (iii) will be kept; and\n- (i) measures to be taken to control the risks assessed under paragraph (c) ;\n- (ii) the procedures that must be implemented for monitoring the effectiveness of the measures;\n- (iii) a schedule that must be complied with for testing water for Legionella and other identified hazards at a frequency informed by the risks, measures and procedures;\n- (iv) the way records of results obtained under subparagraphs (ii) and (iii) will be kept; and\n- (e) state procedures for responding to— (i) the results of monitoring that indicate the failure of measures taken to control risks assessed under paragraph (c) ; and (ii) the results of testing that indicate the presence of a hazard in water within the prescribed facility’s water distribution system; and\n- (i) the results of monitoring that indicate the failure of measures taken to control risks assessed under paragraph (c) ; and\n- (ii) the results of testing that indicate the presence of a hazard in water within the prescribed facility’s water distribution system; and\n- (f) include a requirement for the water risk management plan to be reviewed and when that review is to be carried out; and\n- (g) include any other requirement prescribed by regulation.\n- (i) measures to be taken to control the risks assessed under paragraph (c) ;\n- (ii) the procedures that must be implemented for monitoring the effectiveness of the measures;\n- (iii) a schedule that must be complied with for testing water for Legionella and other identified hazards at a frequency informed by the risks, measures and procedures;\n- (iv) the way records of results obtained under subparagraphs (ii) and (iii) will be kept; and\n- (i) the results of monitoring that indicate the failure of measures taken to control risks assessed under paragraph (c) ; and\n- (ii) the results of testing that indicate the presence of a hazard in water within the prescribed facility’s water distribution system; and","sortOrder":98},{"sectionNumber":"sec.61E","sectionType":"section","heading":"Amending water risk management plans","content":"### sec.61E Amending water risk management plans\n\nThis section applies if the chief executive is satisfied a water risk management plan for a prescribed facility requires amendment to comply with section 61D .\nThe chief executive may give the responsible person for the prescribed facility a notice requiring the responsible person to amend the water risk management plan.\nThe notice must state the following—\nthat the responsible person must amend the water risk management plan;\nthe way the water risk management plan must be amended;\nthe day by which the water risk management plan must be amended;\nthe day by which the responsible person must give the chief executive a copy of the amended water risk management plan.\nThe responsible person must comply with the notice, unless the responsible person has a reasonable excuse.\nMaximum penalty—500 penalty units.\ns 61E ins 2016 No. 33 s 4\n(sec.61E-ssec.1) This section applies if the chief executive is satisfied a water risk management plan for a prescribed facility requires amendment to comply with section 61D .\n(sec.61E-ssec.2) The chief executive may give the responsible person for the prescribed facility a notice requiring the responsible person to amend the water risk management plan.\n(sec.61E-ssec.3) The notice must state the following— that the responsible person must amend the water risk management plan; the way the water risk management plan must be amended; the day by which the water risk management plan must be amended; the day by which the responsible person must give the chief executive a copy of the amended water risk management plan.\n(sec.61E-ssec.4) The responsible person must comply with the notice, unless the responsible person has a reasonable excuse. Maximum penalty—500 penalty units.\n- (a) that the responsible person must amend the water risk management plan;\n- (b) the way the water risk management plan must be amended;\n- (c) the day by which the water risk management plan must be amended;\n- (d) the day by which the responsible person must give the chief executive a copy of the amended water risk management plan.","sortOrder":99},{"sectionNumber":"ch.2A-pt.3","sectionType":"part","heading":"Compliance","content":"# Compliance","sortOrder":100},{"sectionNumber":"sec.61F","sectionType":"section","heading":"Obligation to give chief executive copy of water risk management plans","content":"### sec.61F Obligation to give chief executive copy of water risk management plans\n\nThe chief executive may, by notice, ask the responsible person for a prescribed facility to give the chief executive a copy of the water risk management plan for the prescribed facility by the day stated in the notice.\nThe responsible person must comply with the notice, unless the person has a reasonable excuse.\nMaximum penalty—200 penalty units.\ns 61F ins 2016 No. 33 s 4\n(sec.61F-ssec.1) The chief executive may, by notice, ask the responsible person for a prescribed facility to give the chief executive a copy of the water risk management plan for the prescribed facility by the day stated in the notice.\n(sec.61F-ssec.2) The responsible person must comply with the notice, unless the person has a reasonable excuse.","sortOrder":101},{"sectionNumber":"sec.61G","sectionType":"section","heading":"Complying with water risk management plans","content":"### sec.61G Complying with water risk management plans\n\nThe responsible person for a prescribed facility must ensure the facility operates in a way that complies with the facility’s water risk management plan, unless the responsible person has a reasonable excuse.\nMaximum penalty—500 penalty units.\nThe responsible person for a prescribed facility must take all reasonable steps to ensure each person who has an obligation to comply with the plan, while the facility is operating, complies with the plan, unless the responsible person has a reasonable excuse.\nMaximum penalty—200 penalty units.\ns 61G ins 2016 No. 33 s 4\n(sec.61G-ssec.1) The responsible person for a prescribed facility must ensure the facility operates in a way that complies with the facility’s water risk management plan, unless the responsible person has a reasonable excuse. Maximum penalty—500 penalty units.\n(sec.61G-ssec.2) The responsible person for a prescribed facility must take all reasonable steps to ensure each person who has an obligation to comply with the plan, while the facility is operating, complies with the plan, unless the responsible person has a reasonable excuse. Maximum penalty—200 penalty units.","sortOrder":102},{"sectionNumber":"sec.61H","sectionType":"section","heading":"Obligation to notify chief executive of Legionella","content":"### sec.61H Obligation to notify chief executive of Legionella\n\nThis section applies if the result of a prescribed test confirms the presence of Legionella in water used by a prescribed facility.\nA person in charge of the prescribed facility must, under subsection (3) , give the chief executive a notice about the result of the test, unless the person has a reasonable excuse.\nMaximum penalty—\nif the offence is committed intentionally—1,000 penalty units; or\notherwise—200 penalty units.\nThe notice must—\nbe in the approved form; and\nbe given to the chief executive within 1 business day after the person in charge is notified of the result of the test; and\ncomply with any other requirements prescribed by regulation.\ns 61H ins 2016 No. 33 s 4\n(sec.61H-ssec.1) This section applies if the result of a prescribed test confirms the presence of Legionella in water used by a prescribed facility.\n(sec.61H-ssec.2) A person in charge of the prescribed facility must, under subsection (3) , give the chief executive a notice about the result of the test, unless the person has a reasonable excuse. Maximum penalty— if the offence is committed intentionally—1,000 penalty units; or otherwise—200 penalty units.\n(sec.61H-ssec.3) The notice must— be in the approved form; and be given to the chief executive within 1 business day after the person in charge is notified of the result of the test; and comply with any other requirements prescribed by regulation.\n- (a) if the offence is committed intentionally—1,000 penalty units; or\n- (b) otherwise—200 penalty units.\n- (a) be in the approved form; and\n- (b) be given to the chief executive within 1 business day after the person in charge is notified of the result of the test; and\n- (c) comply with any other requirements prescribed by regulation.","sortOrder":103},{"sectionNumber":"sec.61I","sectionType":"section","heading":"Obligation to give chief executive reports","content":"### sec.61I Obligation to give chief executive reports\n\nA person in charge of a prescribed facility must, under subsection (2) , give the chief executive a report for each reporting period about the results of prescribed tests carried out under the water risk management plan for the prescribed facility, unless the person has a reasonable excuse.\nMaximum penalty—200 penalty units.\nThe report must—\nbe in the approved form; and\nbe given to the chief executive within 30 business days after the end of the reporting period; and\ncomply with any other requirements prescribed by regulation.\nIn this section—\nreporting period means a period prescribed by regulation.\ns 61I ins 2016 No. 33 s 4\n(sec.61I-ssec.1) A person in charge of a prescribed facility must, under subsection (2) , give the chief executive a report for each reporting period about the results of prescribed tests carried out under the water risk management plan for the prescribed facility, unless the person has a reasonable excuse. Maximum penalty—200 penalty units.\n(sec.61I-ssec.2) The report must— be in the approved form; and be given to the chief executive within 30 business days after the end of the reporting period; and comply with any other requirements prescribed by regulation.\n(sec.61I-ssec.3) In this section— reporting period means a period prescribed by regulation.\n- (a) be in the approved form; and\n- (b) be given to the chief executive within 30 business days after the end of the reporting period; and\n- (c) comply with any other requirements prescribed by regulation.","sortOrder":104},{"sectionNumber":"sec.61J","sectionType":"section","heading":"False or misleading reports","content":"### sec.61J False or misleading reports\n\nA person must not give the chief executive a report under section 61I containing information the person knows is false or misleading in a material particular.\nMaximum penalty—1,000 penalty units.\nSubsection (1) does not apply to a person if the person, when giving the report—\ntells the chief executive, to the best of the person’s ability, how it is false or misleading; and\nif the person has, or can reasonably obtain, the correct information—gives the correct information.\ns 61J ins 2016 No. 33 s 4\n(sec.61J-ssec.1) A person must not give the chief executive a report under section 61I containing information the person knows is false or misleading in a material particular. Maximum penalty—1,000 penalty units.\n(sec.61J-ssec.2) Subsection (1) does not apply to a person if the person, when giving the report— tells the chief executive, to the best of the person’s ability, how it is false or misleading; and if the person has, or can reasonably obtain, the correct information—gives the correct information.\n- (a) tells the chief executive, to the best of the person’s ability, how it is false or misleading; and\n- (b) if the person has, or can reasonably obtain, the correct information—gives the correct information.","sortOrder":105},{"sectionNumber":"sec.61K","sectionType":"section","heading":"Chief executive may publish reports","content":"### sec.61K Chief executive may publish reports\n\nThe chief executive may publish in a report—\nnotices about the presence of Legionella given to the chief executive under section 61H ; or\nreports about prescribed tests given to the chief executive under section 61I .\nThe report may also include any other information the chief executive considers relevant to the notices or reports.\nHowever, information may not be included in the report under subsection (2) if the information is adverse to a person unless—\nbefore the report is prepared, the chief executive gives the person an opportunity to make submissions about the information; and\nany submissions made by the person are fairly stated in the report.\ns 61K ins 2016 No. 33 s 4\n(sec.61K-ssec.1) The chief executive may publish in a report— notices about the presence of Legionella given to the chief executive under section 61H ; or reports about prescribed tests given to the chief executive under section 61I .\n(sec.61K-ssec.2) The report may also include any other information the chief executive considers relevant to the notices or reports.\n(sec.61K-ssec.3) However, information may not be included in the report under subsection (2) if the information is adverse to a person unless— before the report is prepared, the chief executive gives the person an opportunity to make submissions about the information; and any submissions made by the person are fairly stated in the report.\n- (a) notices about the presence of Legionella given to the chief executive under section 61H ; or\n- (b) reports about prescribed tests given to the chief executive under section 61I .\n- (a) before the report is prepared, the chief executive gives the person an opportunity to make submissions about the information; and\n- (b) any submissions made by the person are fairly stated in the report.","sortOrder":106},{"sectionNumber":"ch.3-pt.1","sectionType":"part","heading":"Definitions, purpose of chapter and guiding principles","content":"# Definitions, purpose of chapter and guiding principles","sortOrder":107},{"sectionNumber":"sec.62","sectionType":"section","heading":"Definitions for ch 3","content":"### sec.62 Definitions for ch 3\n\nIn this chapter—\nanonymity code means a code of letters, numbers, or letters and numbers used to designate a particular person.\nclinical diagnosis notifiable condition means a notifiable condition—\na diagnosis of which can be made on the basis of clinical evidence, including clinical history, signs and symptoms; and\nprescribed under a regulation as a clinical diagnosis notifiable condition.\ncontrolled notifiable condition see section 63 .\ns 62 def controlled notifiable condition ins 2022 No. 25 s 15 sch 1\ncontrolled notifiable conditions order see section 116 (1) .\nnotifiable condition see section 64 .\ns 62 def notifiable condition ins 2022 No. 25 s 15 sch 1\nNotifiable Conditions Register see section 67 .\npathological diagnosis notifiable condition means a notifiable condition—\na diagnosis of which can be made on the basis of a pathological examination of a specimen of human origin; and\nprescribed under a regulation as a pathological diagnosis notifiable condition.\npathology request notifiable condition means a notifiable condition prescribed under a regulation as a pathology request notifiable condition.\nprovisional diagnosis notifiable condition means a notifiable condition—\na provisional diagnosis of which can be made on the basis of clinical evidence, including clinical history, signs and symptoms; and\nprescribed under a regulation as a provisional diagnosis notifiable condition.\nregister means the Notifiable Conditions Register.\n- (a) a diagnosis of which can be made on the basis of clinical evidence, including clinical history, signs and symptoms; and\n- (b) prescribed under a regulation as a clinical diagnosis notifiable condition.\n- (a) a diagnosis of which can be made on the basis of a pathological examination of a specimen of human origin; and\n- (b) prescribed under a regulation as a pathological diagnosis notifiable condition.\n- (a) a provisional diagnosis of which can be made on the basis of clinical evidence, including clinical history, signs and symptoms; and\n- (b) prescribed under a regulation as a provisional diagnosis notifiable condition.","sortOrder":108},{"sectionNumber":"sec.63","sectionType":"section","heading":"Meaning of controlled notifiable condition","content":"### sec.63 Meaning of controlled notifiable condition\n\nA controlled notifiable condition is a notifiable condition prescribed under a regulation as a controlled notifiable condition.\nHowever, the Minister must not recommend to the Governor in Council the making of a regulation under subsection (1) unless the Minister is satisfied—\nthe condition may have a substantial impact on public health; and\nthe ordinary conduct of a person with the condition is likely to result in the transmission of the condition to someone else; and\nthe transmission of the condition will result in, or is likely to result in, long term or serious deleterious consequences for the health of the person to whom the condition is transmitted.\n(sec.63-ssec.1) A controlled notifiable condition is a notifiable condition prescribed under a regulation as a controlled notifiable condition.\n(sec.63-ssec.2) However, the Minister must not recommend to the Governor in Council the making of a regulation under subsection (1) unless the Minister is satisfied— the condition may have a substantial impact on public health; and the ordinary conduct of a person with the condition is likely to result in the transmission of the condition to someone else; and the transmission of the condition will result in, or is likely to result in, long term or serious deleterious consequences for the health of the person to whom the condition is transmitted.\n- (a) the condition may have a substantial impact on public health; and\n- (b) the ordinary conduct of a person with the condition is likely to result in the transmission of the condition to someone else; and\n- (c) the transmission of the condition will result in, or is likely to result in, long term or serious deleterious consequences for the health of the person to whom the condition is transmitted.","sortOrder":109},{"sectionNumber":"sec.64","sectionType":"section","heading":"Meaning of notifiable condition","content":"### sec.64 Meaning of notifiable condition\n\nA notifiable condition is a medical condition prescribed under a regulation as a notifiable condition.\nHowever, the Minister must not recommend to the Governor in Council the making of a regulation under subsection (1) unless the Minister is satisfied the condition is a significant risk to public health.\n(sec.64-ssec.1) A notifiable condition is a medical condition prescribed under a regulation as a notifiable condition.\n(sec.64-ssec.2) However, the Minister must not recommend to the Governor in Council the making of a regulation under subsection (1) unless the Minister is satisfied the condition is a significant risk to public health.","sortOrder":110},{"sectionNumber":"sec.65","sectionType":"section","heading":"Purpose of ch 3","content":"### sec.65 Purpose of ch 3\n\nThe purpose of this chapter is to protect persons from notifiable conditions through mechanisms that provide an appropriate balance between the health of the public and the right of individuals to liberty and privacy.","sortOrder":111},{"sectionNumber":"sec.66","sectionType":"section","heading":"Guiding principles for ch 3","content":"### sec.66 Guiding principles for ch 3\n\nThe principles intended to guide the achievement of this chapter’s purpose are the following—\nthe spread of notifiable conditions should be prevented or minimised without unnecessarily infringing the liberty or privacy of individuals;\na person at risk of contracting a notifiable condition should take all reasonable precautions to avoid contracting or being infected with the condition;\na person who suspects he or she may have a notifiable condition should ascertain—\nwhether he or she has the condition; and\nwhat precautions should be taken to prevent others from contracting the condition.\nFor subsection (1) , a person at risk of contracting, who suspects he or she may have, or who has, a notifiable condition has a right—\nto be protected from unlawful discrimination; and\nto have his or her privacy respected; and\nto make informed decisions about his or her medical treatment.\nNothing in this section limits the Anti-Discrimination Act 1991 , section 107 .\n(sec.66-ssec.1) The principles intended to guide the achievement of this chapter’s purpose are the following— the spread of notifiable conditions should be prevented or minimised without unnecessarily infringing the liberty or privacy of individuals; a person at risk of contracting a notifiable condition should take all reasonable precautions to avoid contracting or being infected with the condition; a person who suspects he or she may have a notifiable condition should ascertain— whether he or she has the condition; and what precautions should be taken to prevent others from contracting the condition.\n(sec.66-ssec.2) For subsection (1) , a person at risk of contracting, who suspects he or she may have, or who has, a notifiable condition has a right— to be protected from unlawful discrimination; and to have his or her privacy respected; and to make informed decisions about his or her medical treatment.\n(sec.66-ssec.3) Nothing in this section limits the Anti-Discrimination Act 1991 , section 107 .\n- (a) the spread of notifiable conditions should be prevented or minimised without unnecessarily infringing the liberty or privacy of individuals;\n- (b) a person at risk of contracting a notifiable condition should take all reasonable precautions to avoid contracting or being infected with the condition;\n- (c) a person who suspects he or she may have a notifiable condition should ascertain— (i) whether he or she has the condition; and (ii) what precautions should be taken to prevent others from contracting the condition.\n- (i) whether he or she has the condition; and\n- (ii) what precautions should be taken to prevent others from contracting the condition.\n- (i) whether he or she has the condition; and\n- (ii) what precautions should be taken to prevent others from contracting the condition.\n- (a) to be protected from unlawful discrimination; and\n- (b) to have his or her privacy respected; and\n- (c) to make informed decisions about his or her medical treatment.","sortOrder":112},{"sectionNumber":"ch.3-pt.2","sectionType":"part","heading":"Notifiable Conditions Register","content":"# Notifiable Conditions Register","sortOrder":113},{"sectionNumber":"ch.3-pt.2-div.1","sectionType":"division","heading":"Establishment and purpose of Notifiable Conditions Register","content":"## Establishment and purpose of Notifiable Conditions Register","sortOrder":114},{"sectionNumber":"sec.67","sectionType":"section","heading":"Register","content":"### sec.67 Register\n\nThe chief executive must establish and keep a register of the persons for whom notifications have been given to the chief executive under this part.\nThe register must include details of deceased persons for whom notifications have been given.\nThe chief executive must keep the register in a form the chief executive considers appropriate, including an electronic form.\nThe register is to be known as the Notifiable Conditions Register.\n(sec.67-ssec.1) The chief executive must establish and keep a register of the persons for whom notifications have been given to the chief executive under this part.\n(sec.67-ssec.2) The register must include details of deceased persons for whom notifications have been given.\n(sec.67-ssec.3) The chief executive must keep the register in a form the chief executive considers appropriate, including an electronic form.\n(sec.67-ssec.4) The register is to be known as the Notifiable Conditions Register.","sortOrder":115},{"sectionNumber":"sec.68","sectionType":"section","heading":"Purposes of register","content":"### sec.68 Purposes of register\n\nThe purposes for establishing the register are as follows—\nto supply data to help in—\nmonitoring and analysing the incidence and patterns of notifiable conditions; or\nstudying the efficacy of the management and treatment of notifiable conditions; or\nincreasing public awareness of notifiable conditions;\nto identify outbreaks of notifiable conditions so the Commonwealth, the State or a local government can take steps to protect public health;\nto help in the identification of persons who have, or may have, contracted a notifiable condition so that—\nthe Commonwealth, the State or a local government can take action to prevent or minimise transmission of the notifiable condition; or\nthe persons may be medically examined and undergo treatment for the notifiable condition;\nto help in the planning of services and strategies to prevent or minimise the transmission of notifiable conditions.\n- (a) to supply data to help in— (i) monitoring and analysing the incidence and patterns of notifiable conditions; or (ii) studying the efficacy of the management and treatment of notifiable conditions; or (iii) increasing public awareness of notifiable conditions;\n- (i) monitoring and analysing the incidence and patterns of notifiable conditions; or\n- (ii) studying the efficacy of the management and treatment of notifiable conditions; or\n- (iii) increasing public awareness of notifiable conditions;\n- (b) to identify outbreaks of notifiable conditions so the Commonwealth, the State or a local government can take steps to protect public health;\n- (c) to help in the identification of persons who have, or may have, contracted a notifiable condition so that— (i) the Commonwealth, the State or a local government can take action to prevent or minimise transmission of the notifiable condition; or (ii) the persons may be medically examined and undergo treatment for the notifiable condition;\n- (i) the Commonwealth, the State or a local government can take action to prevent or minimise transmission of the notifiable condition; or\n- (ii) the persons may be medically examined and undergo treatment for the notifiable condition;\n- (d) to help in the planning of services and strategies to prevent or minimise the transmission of notifiable conditions.\n- (i) monitoring and analysing the incidence and patterns of notifiable conditions; or\n- (ii) studying the efficacy of the management and treatment of notifiable conditions; or\n- (iii) increasing public awareness of notifiable conditions;\n- (i) the Commonwealth, the State or a local government can take action to prevent or minimise transmission of the notifiable condition; or\n- (ii) the persons may be medically examined and undergo treatment for the notifiable condition;","sortOrder":116},{"sectionNumber":"ch.3-pt.2-div.2","sectionType":"division","heading":"Notices about notifiable conditions","content":"## Notices about notifiable conditions","sortOrder":117},{"sectionNumber":"sec.69","sectionType":"section","heading":"Application of div 2","content":"### sec.69 Application of div 2\n\nThe requirement to notify or give information under this division relating to a person applies also in relation to a deceased person.","sortOrder":118},{"sectionNumber":"sec.70","sectionType":"section","heading":"When a doctor must notify","content":"### sec.70 When a doctor must notify\n\nA doctor must, under subsection (2) , notify the chief executive if an examination of a person by the doctor indicates that the person—\nhas or had a clinical diagnosis notifiable condition; or\nhas or had a provisional diagnosis notifiable condition.\nMaximum penalty—20 penalty units.\nThe notice must—\ncomply with the requirements prescribed under a regulation; and\nbe in the approved form.\nSubsection (1) does not apply if the examination was carried out in a hospital.\n(sec.70-ssec.1) A doctor must, under subsection (2) , notify the chief executive if an examination of a person by the doctor indicates that the person— has or had a clinical diagnosis notifiable condition; or has or had a provisional diagnosis notifiable condition. Maximum penalty—20 penalty units.\n(sec.70-ssec.2) The notice must— comply with the requirements prescribed under a regulation; and be in the approved form.\n(sec.70-ssec.3) Subsection (1) does not apply if the examination was carried out in a hospital.\n- (a) has or had a clinical diagnosis notifiable condition; or\n- (b) has or had a provisional diagnosis notifiable condition.\n- (a) comply with the requirements prescribed under a regulation; and\n- (b) be in the approved form.","sortOrder":119},{"sectionNumber":"sec.71","sectionType":"section","heading":"When the person in charge of hospital must notify","content":"### sec.71 When the person in charge of hospital must notify\n\nA person in charge of a hospital must, under subsection (2) , unless the person in charge has a reasonable excuse, notify the chief executive if an examination of a person by a doctor in the hospital indicates the person—\nhas or had a clinical diagnosis notifiable condition; or\nhas or had a provisional diagnosis notifiable condition.\nMaximum penalty—20 penalty units.\nA notice under subsection (1) must—\ncomply with the requirements prescribed under a regulation; and\nbe in the approved form.\n(sec.71-ssec.1) A person in charge of a hospital must, under subsection (2) , unless the person in charge has a reasonable excuse, notify the chief executive if an examination of a person by a doctor in the hospital indicates the person— has or had a clinical diagnosis notifiable condition; or has or had a provisional diagnosis notifiable condition. Maximum penalty—20 penalty units.\n(sec.71-ssec.2) A notice under subsection (1) must— comply with the requirements prescribed under a regulation; and be in the approved form.\n- (a) has or had a clinical diagnosis notifiable condition; or\n- (b) has or had a provisional diagnosis notifiable condition.\n- (a) comply with the requirements prescribed under a regulation; and\n- (b) be in the approved form.","sortOrder":120},{"sectionNumber":"sec.72","sectionType":"section","heading":"When the director of a pathology laboratory must notify a pathological diagnosis notifiable condition","content":"### sec.72 When the director of a pathology laboratory must notify a pathological diagnosis notifiable condition\n\nThe director of a pathology laboratory must, under subsection (2) , unless the director has a reasonable excuse, notify the chief executive if a pathological examination of a specimen of human origin in the laboratory indicates that the person from whom the specimen was taken has or had a pathological diagnosis notifiable condition.\nMaximum penalty—20 penalty units.\nThe notice must—\ncomply with the requirements prescribed under a regulation; and\ninclude the name of the doctor who referred the person’s specimen for pathological examination; and\nbe in the approved form.\n(sec.72-ssec.1) The director of a pathology laboratory must, under subsection (2) , unless the director has a reasonable excuse, notify the chief executive if a pathological examination of a specimen of human origin in the laboratory indicates that the person from whom the specimen was taken has or had a pathological diagnosis notifiable condition. Maximum penalty—20 penalty units.\n(sec.72-ssec.2) The notice must— comply with the requirements prescribed under a regulation; and include the name of the doctor who referred the person’s specimen for pathological examination; and be in the approved form.\n- (a) comply with the requirements prescribed under a regulation; and\n- (b) include the name of the doctor who referred the person’s specimen for pathological examination; and\n- (c) be in the approved form.","sortOrder":121},{"sectionNumber":"sec.73","sectionType":"section","heading":"When the director of a pathology laboratory must notify pathology request notifiable condition","content":"### sec.73 When the director of a pathology laboratory must notify pathology request notifiable condition\n\nThe director of a pathology laboratory must, under subsection (2) , unless the director has a reasonable excuse, notify the chief executive if the laboratory receives a request for a pathological examination of a specimen of human origin for a pathology request notifiable condition.\nMaximum penalty—20 penalty units.\nThe notice must—\ncomply with the requirements prescribed under a regulation; and\ninclude the name of the doctor who referred the person’s specimen for pathological examination; and\nbe in the approved form.\n(sec.73-ssec.1) The director of a pathology laboratory must, under subsection (2) , unless the director has a reasonable excuse, notify the chief executive if the laboratory receives a request for a pathological examination of a specimen of human origin for a pathology request notifiable condition. Maximum penalty—20 penalty units.\n(sec.73-ssec.2) The notice must— comply with the requirements prescribed under a regulation; and include the name of the doctor who referred the person’s specimen for pathological examination; and be in the approved form.\n- (a) comply with the requirements prescribed under a regulation; and\n- (b) include the name of the doctor who referred the person’s specimen for pathological examination; and\n- (c) be in the approved form.","sortOrder":122},{"sectionNumber":"sec.74","sectionType":"section","heading":"Anonymity coding","content":"### sec.74 Anonymity coding\n\nA person required to notify the chief executive under this division may give the notice using an anonymity code.","sortOrder":123},{"sectionNumber":"sec.75","sectionType":"section","heading":"Further information may be required","content":"### sec.75 Further information may be required\n\nThis section applies if the chief executive considers further information is required in relation to a notice given under this division—\nto ensure the accuracy, completeness or integrity of the register; or\nto prevent or minimise the spread of a notifiable condition.\nThe chief executive may ask the following persons to give stated information within a stated time to the chief executive—\nthe person who gave the notice;\nthe doctor mentioned in a notice under section 72 or 73 as the doctor who referred the specimen for pathological examination;\nanother doctor or person who is involved in the treatment of the person for whom a notice was given under this division.\nIf a person refuses or fails to comply with a requirement under subsection (2) , the chief executive may give the person a notice requiring the person to give the information stated in the notice to the chief executive within the reasonable time stated in the notice.\nA notice under subsection (3) may require a person to give the full name of, and other identifying information about, a person for whom an anonymity code has been used.\nThe notice must warn the person that failure to comply with the notice is an offence under this Act.\nA person given a notice under subsection (3) must comply with the notice, unless the person has a reasonable excuse.\nMaximum penalty—20 penalty units.\nA person who gives information requested under this section who would otherwise be required to maintain confidentiality about the information given under an Act, oath, rule of law or practice—\ndoes not contravene the Act , oath, rule of law or practice by giving the information; and\nis not liable to disciplinary action for giving the information.\nSee for example the Hospital and Health Boards Act 2011 , section 142 .\nAlso, merely because the person gives the information, the person can not be held to have—\nbreached any code of professional etiquette or ethics; or\ndeparted from accepted standards of professional conduct.\ns 75 amd 2011 No. 32 s 332 sch 1 pt 2 (amd 2012 No. 9 s 47 )\n(sec.75-ssec.1) This section applies if the chief executive considers further information is required in relation to a notice given under this division— to ensure the accuracy, completeness or integrity of the register; or to prevent or minimise the spread of a notifiable condition.\n(sec.75-ssec.2) The chief executive may ask the following persons to give stated information within a stated time to the chief executive— the person who gave the notice; the doctor mentioned in a notice under section 72 or 73 as the doctor who referred the specimen for pathological examination; another doctor or person who is involved in the treatment of the person for whom a notice was given under this division.\n(sec.75-ssec.3) If a person refuses or fails to comply with a requirement under subsection (2) , the chief executive may give the person a notice requiring the person to give the information stated in the notice to the chief executive within the reasonable time stated in the notice.\n(sec.75-ssec.4) A notice under subsection (3) may require a person to give the full name of, and other identifying information about, a person for whom an anonymity code has been used.\n(sec.75-ssec.5) The notice must warn the person that failure to comply with the notice is an offence under this Act.\n(sec.75-ssec.6) A person given a notice under subsection (3) must comply with the notice, unless the person has a reasonable excuse. Maximum penalty—20 penalty units.\n(sec.75-ssec.7) A person who gives information requested under this section who would otherwise be required to maintain confidentiality about the information given under an Act, oath, rule of law or practice— does not contravene the Act , oath, rule of law or practice by giving the information; and is not liable to disciplinary action for giving the information. See for example the Hospital and Health Boards Act 2011 , section 142 .\n(sec.75-ssec.8) Also, merely because the person gives the information, the person can not be held to have— breached any code of professional etiquette or ethics; or departed from accepted standards of professional conduct.\n- (a) to ensure the accuracy, completeness or integrity of the register; or\n- (b) to prevent or minimise the spread of a notifiable condition.\n- (a) the person who gave the notice;\n- (b) the doctor mentioned in a notice under section 72 or 73 as the doctor who referred the specimen for pathological examination;\n- (c) another doctor or person who is involved in the treatment of the person for whom a notice was given under this division.\n- (a) does not contravene the Act , oath, rule of law or practice by giving the information; and\n- (b) is not liable to disciplinary action for giving the information.\n- (a) breached any code of professional etiquette or ethics; or\n- (b) departed from accepted standards of professional conduct.","sortOrder":124},{"sectionNumber":"ch.3-pt.2-div.3","sectionType":"division","heading":"Confidentiality of information and use of information supplied for Notifiable Conditions Register","content":"## Confidentiality of information and use of information supplied for Notifiable Conditions Register","sortOrder":125},{"sectionNumber":"sec.76","sectionType":"section","heading":"Definitions for div 3","content":"### sec.76 Definitions for div 3\n\nIn this division—\nconfidential information means information that has become known to a relevant person in the course of performing the relevant person’s functions under this part or the repealed provisions.\nentity of the State ...\ns 76 def entity of the State om 2019 No. 13 s 17\ninformation includes a document.\nrelevant person means the following—\na person who is, or was, the chief executive;\na person who is, or was, involved in the administration or enforcement of this part, including, for example, a health service employee or a public service employee;\na person who was involved in the administration or enforcement of the repealed provisions.\nrepealed provisions means the Health Act 1937 , part 3 , division 2 .\n- (a) a person who is, or was, the chief executive;\n- (b) a person who is, or was, involved in the administration or enforcement of this part, including, for example, a health service employee or a public service employee;\n- (c) a person who was involved in the administration or enforcement of the repealed provisions.","sortOrder":126},{"sectionNumber":"sec.77","sectionType":"section","heading":"Confidentiality of information","content":"### sec.77 Confidentiality of information\n\nA relevant person must not, whether directly or indirectly, disclose confidential information.\nMaximum penalty—50 penalty units.\nThe Hospital and Health Boards Act 2011 , section 142 , does not apply to a relevant person in relation to confidential information.\ns 77 amd 2011 No. 32 s 332 sch 1 pt 2 (amd 2012 No. 9 s 47 )\n(sec.77-ssec.1) A relevant person must not, whether directly or indirectly, disclose confidential information. Maximum penalty—50 penalty units.\n(sec.77-ssec.2) The Hospital and Health Boards Act 2011 , section 142 , does not apply to a relevant person in relation to confidential information.","sortOrder":127},{"sectionNumber":"sec.78","sectionType":"section","heading":"Disclosure under an Act or another law","content":"### sec.78 Disclosure under an Act or another law\n\nSection 77 (1) does not apply if the disclosure of the confidential information by a relevant person is authorised under an Act or another law.","sortOrder":128},{"sectionNumber":"sec.79","sectionType":"section","heading":"Disclosure under Act or with written consent etc.","content":"### sec.79 Disclosure under Act or with written consent etc.\n\nSection 77 (1) does not apply if the confidential information is disclosed by a relevant person—\nin the performance of functions under this Act; or\nwith the written consent of the person to whom the information relates; or\nto the person to whom the information relates; or\nin a form that could not identify any person.\n- (a) in the performance of functions under this Act; or\n- (b) with the written consent of the person to whom the information relates; or\n- (c) to the person to whom the information relates; or\n- (d) in a form that could not identify any person.","sortOrder":129},{"sectionNumber":"sec.80","sectionType":"section","heading":"Disclosure about notifiable conditions and contact tracing","content":"### sec.80 Disclosure about notifiable conditions and contact tracing\n\nSection 77 (1) does not apply if the disclosure of the confidential information by a relevant person is authorised by the chief executive for the purposes of—\nmonitoring the incidence and patterns of notifiable conditions; or\nidentifying the source of outbreaks of notifiable conditions; or\nidentifying persons who may transmit a notifiable condition to others, to prevent or minimise the transmission of the condition; or\nidentifying persons who may have contracted, or may be at risk of contracting, a notifiable condition, to prevent or minimise the transmission of the condition; or\ncontact tracing by a contact tracing officer.\n- (a) monitoring the incidence and patterns of notifiable conditions; or\n- (b) identifying the source of outbreaks of notifiable conditions; or\n- (c) identifying persons who may transmit a notifiable condition to others, to prevent or minimise the transmission of the condition; or\n- (d) identifying persons who may have contracted, or may be at risk of contracting, a notifiable condition, to prevent or minimise the transmission of the condition; or\n- (e) contact tracing by a contact tracing officer.","sortOrder":130},{"sectionNumber":"sec.81","sectionType":"section","heading":"Disclosure of confidential information in the public interest","content":"### sec.81 Disclosure of confidential information in the public interest\n\nSection 77 (1) does not apply to the disclosure of confidential information by a relevant person if—\nthe chief executive believes, on reasonable grounds, the disclosure is in the public interest; and\nthe chief executive has, in writing, authorised the disclosure.\nThe department’s annual report for a financial year under the Financial Accountability Act 2009 must include details of—\nthe nature of any confidential information disclosed under subsection (1) during the financial year; and\nthe purpose for which the confidential information was disclosed.\nHowever, the details mentioned in subsection (2) (a) must not identify, directly or indirectly, the person to whom the confidential information relates.\nDespite section 455 , the chief executive may delegate the chief executive’s powers under this section only to—\nthe chief health officer; or\nanother person who—\nis a public service officer or public service employee, or a health service employee; and\nthe chief executive is satisfied has the expertise or experience in public health issues necessary to exercise the powers.\ns 81 amd 2009 No. 9 s 136 sch 1 ; 2009 No. 25 s 83 sch ; 2011 No. 41 s 51 ; 2022 No. 34 s 365 sch 3\n(sec.81-ssec.1) Section 77 (1) does not apply to the disclosure of confidential information by a relevant person if— the chief executive believes, on reasonable grounds, the disclosure is in the public interest; and the chief executive has, in writing, authorised the disclosure.\n(sec.81-ssec.2) The department’s annual report for a financial year under the Financial Accountability Act 2009 must include details of— the nature of any confidential information disclosed under subsection (1) during the financial year; and the purpose for which the confidential information was disclosed.\n(sec.81-ssec.3) However, the details mentioned in subsection (2) (a) must not identify, directly or indirectly, the person to whom the confidential information relates.\n(sec.81-ssec.4) Despite section 455 , the chief executive may delegate the chief executive’s powers under this section only to— the chief health officer; or another person who— is a public service officer or public service employee, or a health service employee; and the chief executive is satisfied has the expertise or experience in public health issues necessary to exercise the powers.\n- (a) the chief executive believes, on reasonable grounds, the disclosure is in the public interest; and\n- (b) the chief executive has, in writing, authorised the disclosure.\n- (a) the nature of any confidential information disclosed under subsection (1) during the financial year; and\n- (b) the purpose for which the confidential information was disclosed.\n- (a) the chief health officer; or\n- (b) another person who— (i) is a public service officer or public service employee, or a health service employee; and (ii) the chief executive is satisfied has the expertise or experience in public health issues necessary to exercise the powers.\n- (i) is a public service officer or public service employee, or a health service employee; and\n- (ii) the chief executive is satisfied has the expertise or experience in public health issues necessary to exercise the powers.\n- (i) is a public service officer or public service employee, or a health service employee; and\n- (ii) the chief executive is satisfied has the expertise or experience in public health issues necessary to exercise the powers.","sortOrder":131},{"sectionNumber":"sec.82","sectionType":"section","heading":"Disclosure for data collection and public health monitoring","content":"### sec.82 Disclosure for data collection and public health monitoring\n\nSection 77 (1) does not apply to the disclosure of confidential information by a relevant person if—\nthe disclosure is to an employee of the department or a person approved by the chief executive who is contracted by the department to analyse, monitor or evaluate public health; and\nthe disclosure and receipt of the confidential information is for analysing, monitoring or evaluating public health; and\nthe employee of the department or other person is authorised in writing by the chief executive to receive the confidential information.\n- (a) the disclosure is to an employee of the department or a person approved by the chief executive who is contracted by the department to analyse, monitor or evaluate public health; and\n- (b) the disclosure and receipt of the confidential information is for analysing, monitoring or evaluating public health; and\n- (c) the employee of the department or other person is authorised in writing by the chief executive to receive the confidential information.","sortOrder":132},{"sectionNumber":"sec.83","sectionType":"section","heading":"Disclosure for purposes relating to health services","content":"### sec.83 Disclosure for purposes relating to health services\n\nSection 77 (1) does not apply to the disclosure of confidential information by a relevant person if—\nthe disclosure is to an employee of the department or a person approved by the chief executive who is contracted by the department to evaluate, manage, monitor or plan health services; or\nthe disclosure is to an entity prescribed under a regulation for this paragraph for evaluating, managing, monitoring or planning health services as stated in the regulation.\n- (a) the disclosure is to an employee of the department or a person approved by the chief executive who is contracted by the department to evaluate, manage, monitor or plan health services; or\n- (b) the disclosure is to an entity prescribed under a regulation for this paragraph for evaluating, managing, monitoring or planning health services as stated in the regulation.","sortOrder":133},{"sectionNumber":"sec.84","sectionType":"section","heading":"Disclosure to Commonwealth, another State or Commonwealth or State entity","content":"### sec.84 Disclosure to Commonwealth, another State or Commonwealth or State entity\n\nSection 77 (1) does not apply to the disclosure of confidential information by the chief executive if—\nthe disclosure is to the Commonwealth or another State, or an entity of the Commonwealth or another State and the disclosure—\nis required or allowed under an agreement—\nbetween Queensland and the Commonwealth, State or entity; and\nprescribed under a regulation for this paragraph; and\nis considered by the chief executive to be in the public interest; or\nthe disclosure is to an entity of the State and the disclosure—\nis required or allowed under an agreement—\nbetween the chief executive and the entity; and\nprescribed under a regulation for this paragraph; and\nis considered by the chief executive to be in the public interest.\nThe Commonwealth, a State or entity that receives confidential information under an agreement under subsection (1) —\nmust not give it to anyone else unless allowed to do so by the agreement or in writing by the chief executive; and\nmust ensure the confidential information is used only for the purpose for which it was given under the agreement.\n(sec.84-ssec.1) Section 77 (1) does not apply to the disclosure of confidential information by the chief executive if— the disclosure is to the Commonwealth or another State, or an entity of the Commonwealth or another State and the disclosure— is required or allowed under an agreement— between Queensland and the Commonwealth, State or entity; and prescribed under a regulation for this paragraph; and is considered by the chief executive to be in the public interest; or the disclosure is to an entity of the State and the disclosure— is required or allowed under an agreement— between the chief executive and the entity; and prescribed under a regulation for this paragraph; and is considered by the chief executive to be in the public interest.\n(sec.84-ssec.2) The Commonwealth, a State or entity that receives confidential information under an agreement under subsection (1) — must not give it to anyone else unless allowed to do so by the agreement or in writing by the chief executive; and must ensure the confidential information is used only for the purpose for which it was given under the agreement.\n- (a) the disclosure is to the Commonwealth or another State, or an entity of the Commonwealth or another State and the disclosure— (i) is required or allowed under an agreement— (A) between Queensland and the Commonwealth, State or entity; and (B) prescribed under a regulation for this paragraph; and (ii) is considered by the chief executive to be in the public interest; or\n- (i) is required or allowed under an agreement— (A) between Queensland and the Commonwealth, State or entity; and (B) prescribed under a regulation for this paragraph; and\n- (A) between Queensland and the Commonwealth, State or entity; and\n- (B) prescribed under a regulation for this paragraph; and\n- (ii) is considered by the chief executive to be in the public interest; or\n- (b) the disclosure is to an entity of the State and the disclosure— (i) is required or allowed under an agreement— (A) between the chief executive and the entity; and (B) prescribed under a regulation for this paragraph; and (ii) is considered by the chief executive to be in the public interest.\n- (i) is required or allowed under an agreement— (A) between the chief executive and the entity; and (B) prescribed under a regulation for this paragraph; and\n- (A) between the chief executive and the entity; and\n- (B) prescribed under a regulation for this paragraph; and\n- (ii) is considered by the chief executive to be in the public interest.\n- (i) is required or allowed under an agreement— (A) between Queensland and the Commonwealth, State or entity; and (B) prescribed under a regulation for this paragraph; and\n- (A) between Queensland and the Commonwealth, State or entity; and\n- (B) prescribed under a regulation for this paragraph; and\n- (ii) is considered by the chief executive to be in the public interest; or\n- (A) between Queensland and the Commonwealth, State or entity; and\n- (B) prescribed under a regulation for this paragraph; and\n- (i) is required or allowed under an agreement— (A) between the chief executive and the entity; and (B) prescribed under a regulation for this paragraph; and\n- (A) between the chief executive and the entity; and\n- (B) prescribed under a regulation for this paragraph; and\n- (ii) is considered by the chief executive to be in the public interest.\n- (A) between the chief executive and the entity; and\n- (B) prescribed under a regulation for this paragraph; and\n- (a) must not give it to anyone else unless allowed to do so by the agreement or in writing by the chief executive; and\n- (b) must ensure the confidential information is used only for the purpose for which it was given under the agreement.","sortOrder":134},{"sectionNumber":"sec.85","sectionType":"section","heading":"Disclosure to allow chief executive to act","content":"### sec.85 Disclosure to allow chief executive to act\n\nSection 77 (1) does not apply if the disclosure of the confidential information by a relevant person is to the chief executive to allow the chief executive to act under this division.","sortOrder":135},{"sectionNumber":"sec.86","sectionType":"section","heading":"Release of information for an investigation under the Coroners Act","content":"### sec.86 Release of information for an investigation under the Coroners Act\n\nThis section applies if a coroner is investigating the death of a person.\nThe chief executive may give to the coroner, or to a police officer helping the coroner to investigate the death, information from the register that is relevant to the person’s death.\nThe coroner or police officer to whom the information is given and anyone else to whom the information is subsequently given under this subsection must not use or disclose the information other than—\nfor a purpose of the investigation; or\nas otherwise required or permitted under this or another Act.\n(sec.86-ssec.1) This section applies if a coroner is investigating the death of a person.\n(sec.86-ssec.2) The chief executive may give to the coroner, or to a police officer helping the coroner to investigate the death, information from the register that is relevant to the person’s death.\n(sec.86-ssec.3) The coroner or police officer to whom the information is given and anyone else to whom the information is subsequently given under this subsection must not use or disclose the information other than— for a purpose of the investigation; or as otherwise required or permitted under this or another Act.\n- (a) for a purpose of the investigation; or\n- (b) as otherwise required or permitted under this or another Act.","sortOrder":136},{"sectionNumber":"sec.87","sectionType":"section","heading":"Use of Notifiable Conditions Register","content":"### sec.87 Use of Notifiable Conditions Register\n\nInformation in the register—\ncan not be accessed under any order, whether of a judicial or administrative nature, other than an order for the purpose of this Act; and\nis not admissible in any proceeding, other than a proceeding under this Act.\nA person can not be compelled to produce the information, or to give evidence relating to the information, in any proceeding, other than a proceeding under this Act.\nSubsections (1) (b) and (2) do not apply if the information is admitted or produced, or evidence relating to the information is given, with the consent of the person to whom the information relates.\nNothing in this section limits—\nthe giving, use or disclosure of information under section 86 ; or\nthe release of information by the chief executive under section 88 or the use of that information in a proceeding for a serious offence under that section; or\naccess to information by the chief executive or a person authorised to have access by the chief executive.\nIn this section—\norder includes a direction or other process.\n(sec.87-ssec.1) Information in the register— can not be accessed under any order, whether of a judicial or administrative nature, other than an order for the purpose of this Act; and is not admissible in any proceeding, other than a proceeding under this Act.\n(sec.87-ssec.2) A person can not be compelled to produce the information, or to give evidence relating to the information, in any proceeding, other than a proceeding under this Act.\n(sec.87-ssec.3) Subsections (1) (b) and (2) do not apply if the information is admitted or produced, or evidence relating to the information is given, with the consent of the person to whom the information relates.\n(sec.87-ssec.4) Nothing in this section limits— the giving, use or disclosure of information under section 86 ; or the release of information by the chief executive under section 88 or the use of that information in a proceeding for a serious offence under that section; or access to information by the chief executive or a person authorised to have access by the chief executive.\n(sec.87-ssec.5) In this section— order includes a direction or other process.\n- (a) can not be accessed under any order, whether of a judicial or administrative nature, other than an order for the purpose of this Act; and\n- (b) is not admissible in any proceeding, other than a proceeding under this Act.\n- (a) the giving, use or disclosure of information under section 86 ; or\n- (b) the release of information by the chief executive under section 88 or the use of that information in a proceeding for a serious offence under that section; or\n- (c) access to information by the chief executive or a person authorised to have access by the chief executive.","sortOrder":137},{"sectionNumber":"sec.88","sectionType":"section","heading":"Access to information in register for serious offence","content":"### sec.88 Access to information in register for serious offence\n\nThis section applies if information in the register is required by an entity of the State to investigate a serious offence.\nThe chief executive may release the information to the entity under an agreement under section 84 (1) (b) between the chief executive and the entity.\nIn this section—\nserious offence means an offence under the Criminal Code , section 317 .\ns 88 amd 2024 No. 23 s 36 sch 1\n(sec.88-ssec.1) This section applies if information in the register is required by an entity of the State to investigate a serious offence.\n(sec.88-ssec.2) The chief executive may release the information to the entity under an agreement under section 84 (1) (b) between the chief executive and the entity.\n(sec.88-ssec.3) In this section— serious offence means an offence under the Criminal Code , section 317 .","sortOrder":138},{"sectionNumber":"ch.3-pt.3","sectionType":"part","heading":"Contact tracing","content":"# Contact tracing","sortOrder":139},{"sectionNumber":"ch.3-pt.3-div.1","sectionType":"division","heading":"Contact tracing officers","content":"## Contact tracing officers","sortOrder":140},{"sectionNumber":"sec.89","sectionType":"section","heading":"Functions of contact tracing officer","content":"### sec.89 Functions of contact tracing officer\n\nA contact tracing officer has the following functions—\nidentifying persons who may have contracted a notifiable condition;\nidentifying persons who may transmit a notifiable condition to others;\ninforming persons who may have contracted a notifiable condition so that they may seek medical examination and treatment;\nproviding information to persons who may have contracted a notifiable condition to prevent or minimise transmission of the notifiable condition;\nobtaining information about the following to prevent or minimise transmission of a notifiable condition—\nhow a person has, or may have, been exposed to the notifiable condition;\nhow a person has, or may have, exposed other persons to the notifiable condition.\nA contact tracing officer’s functions may be exercised within or outside Queensland or in relation to persons within or outside Queensland.\nWithout limiting subsection (2) , if the chief health officer has made an arrangement under subsection (4) with the corresponding officer for a jurisdiction, a contact tracing officer’s functions may be exercised under the arrangement in relation to the jurisdiction or persons connected with the jurisdiction.\nFor subsection (3) , the chief health officer may make an arrangement with a corresponding officer for a jurisdiction for contact tracing officers to exercise functions in relation to the jurisdiction or persons connected with the jurisdiction.\nIn this section—\ncorresponding officer , for a jurisdiction, means a person who has functions under a law of the jurisdiction that correspond with the chief health officer’s functions.\njurisdiction means the Commonwealth or another State.\ns 89 amd 2020 No. 23 s 55V\n(sec.89-ssec.1) A contact tracing officer has the following functions— identifying persons who may have contracted a notifiable condition; identifying persons who may transmit a notifiable condition to others; informing persons who may have contracted a notifiable condition so that they may seek medical examination and treatment; providing information to persons who may have contracted a notifiable condition to prevent or minimise transmission of the notifiable condition; obtaining information about the following to prevent or minimise transmission of a notifiable condition— how a person has, or may have, been exposed to the notifiable condition; how a person has, or may have, exposed other persons to the notifiable condition.\n(sec.89-ssec.2) A contact tracing officer’s functions may be exercised within or outside Queensland or in relation to persons within or outside Queensland.\n(sec.89-ssec.3) Without limiting subsection (2) , if the chief health officer has made an arrangement under subsection (4) with the corresponding officer for a jurisdiction, a contact tracing officer’s functions may be exercised under the arrangement in relation to the jurisdiction or persons connected with the jurisdiction.\n(sec.89-ssec.4) For subsection (3) , the chief health officer may make an arrangement with a corresponding officer for a jurisdiction for contact tracing officers to exercise functions in relation to the jurisdiction or persons connected with the jurisdiction.\n(sec.89-ssec.5) In this section— corresponding officer , for a jurisdiction, means a person who has functions under a law of the jurisdiction that correspond with the chief health officer’s functions. jurisdiction means the Commonwealth or another State.\n- (a) identifying persons who may have contracted a notifiable condition;\n- (b) identifying persons who may transmit a notifiable condition to others;\n- (c) informing persons who may have contracted a notifiable condition so that they may seek medical examination and treatment;\n- (d) providing information to persons who may have contracted a notifiable condition to prevent or minimise transmission of the notifiable condition;\n- (e) obtaining information about the following to prevent or minimise transmission of a notifiable condition— (i) how a person has, or may have, been exposed to the notifiable condition; (ii) how a person has, or may have, exposed other persons to the notifiable condition.\n- (i) how a person has, or may have, been exposed to the notifiable condition;\n- (ii) how a person has, or may have, exposed other persons to the notifiable condition.\n- (i) how a person has, or may have, been exposed to the notifiable condition;\n- (ii) how a person has, or may have, exposed other persons to the notifiable condition.","sortOrder":141},{"sectionNumber":"sec.90","sectionType":"section","heading":"Appointment of contact tracing officer by chief executive","content":"### sec.90 Appointment of contact tracing officer by chief executive\n\nThe chief executive may appoint any of the following persons as a contact tracing officer for a notifiable condition—\na public service officer or public service employee;\na health service employee;\na person prescribed under a regulation.\nAlso, the chief executive may appoint, as a contact tracing officer for a notifiable condition, a person employed by a local government.\nAn appointment under subsection (2) is for the local government’s area and any other local government area stated in the appointment.\nFor an appointment under subsection (2) , the chief executive—\nmust, before appointing a person, obtain agreement to the appointment from the chief executive officer of the local government that employs the person; and\nmust state, in the instrument by which the appointment is made, every notifiable condition to which the appointment applies.\nFor exercising his or her powers under this part, a contact tracing officer appointed under subsection (1) or (2) is subject to the directions of the chief executive.\ns 90 amd 2022 No. 34 s 365 sch 3\n(sec.90-ssec.1) The chief executive may appoint any of the following persons as a contact tracing officer for a notifiable condition— a public service officer or public service employee; a health service employee; a person prescribed under a regulation.\n(sec.90-ssec.2) Also, the chief executive may appoint, as a contact tracing officer for a notifiable condition, a person employed by a local government.\n(sec.90-ssec.3) An appointment under subsection (2) is for the local government’s area and any other local government area stated in the appointment.\n(sec.90-ssec.4) For an appointment under subsection (2) , the chief executive— must, before appointing a person, obtain agreement to the appointment from the chief executive officer of the local government that employs the person; and must state, in the instrument by which the appointment is made, every notifiable condition to which the appointment applies.\n(sec.90-ssec.5) For exercising his or her powers under this part, a contact tracing officer appointed under subsection (1) or (2) is subject to the directions of the chief executive.\n- (a) a public service officer or public service employee;\n- (b) a health service employee;\n- (c) a person prescribed under a regulation.\n- (a) must, before appointing a person, obtain agreement to the appointment from the chief executive officer of the local government that employs the person; and\n- (b) must state, in the instrument by which the appointment is made, every notifiable condition to which the appointment applies.","sortOrder":142},{"sectionNumber":"sec.91","sectionType":"section","heading":"Qualifications for appointment","content":"### sec.91 Qualifications for appointment\n\nThe chief executive may appoint a person as a contact tracing officer only if—\nthe chief executive is satisfied the person is qualified for appointment because the person has the necessary expertise or experience; and\nthe person has the competencies, if any, prescribed under a regulation for this paragraph.\n- (a) the chief executive is satisfied the person is qualified for appointment because the person has the necessary expertise or experience; and\n- (b) the person has the competencies, if any, prescribed under a regulation for this paragraph.","sortOrder":143},{"sectionNumber":"sec.92","sectionType":"section","heading":"Appointment conditions and limit on powers","content":"### sec.92 Appointment conditions and limit on powers\n\nA contact tracing officer holds office on the conditions stated in—\nthe instrument under which the contact tracing officer is appointed; or\na signed notice given to the contact tracing officer; or\na regulation.\nThe instrument of appointment or a signed notice given to a contact tracing officer or a regulation may limit the contact tracing officer’s powers under this part.\nIn this section—\nsigned notice means a notice signed by the chief executive.\n(sec.92-ssec.1) A contact tracing officer holds office on the conditions stated in— the instrument under which the contact tracing officer is appointed; or a signed notice given to the contact tracing officer; or a regulation.\n(sec.92-ssec.2) The instrument of appointment or a signed notice given to a contact tracing officer or a regulation may limit the contact tracing officer’s powers under this part.\n(sec.92-ssec.3) In this section— signed notice means a notice signed by the chief executive.\n- (a) the instrument under which the contact tracing officer is appointed; or\n- (b) a signed notice given to the contact tracing officer; or\n- (c) a regulation.","sortOrder":144},{"sectionNumber":"sec.93","sectionType":"section","heading":"Issue of identity card","content":"### sec.93 Issue of identity card\n\nThe chief executive must issue an identity card to each contact tracing officer.\nThe identity card must—\ncontain a recent photo of the contact tracing officer; and\ncontain a copy of the contact tracing officer’s signature; and\nidentify the person as a contact tracing officer under this Act; and\nstate an expiry date for the card.\nThis section does not prevent the issue of a single identity card to a person for this Act and for other purposes.\n(sec.93-ssec.1) The chief executive must issue an identity card to each contact tracing officer.\n(sec.93-ssec.2) The identity card must— contain a recent photo of the contact tracing officer; and contain a copy of the contact tracing officer’s signature; and identify the person as a contact tracing officer under this Act; and state an expiry date for the card.\n(sec.93-ssec.3) This section does not prevent the issue of a single identity card to a person for this Act and for other purposes.\n- (a) contain a recent photo of the contact tracing officer; and\n- (b) contain a copy of the contact tracing officer’s signature; and\n- (c) identify the person as a contact tracing officer under this Act; and\n- (d) state an expiry date for the card.","sortOrder":145},{"sectionNumber":"sec.94","sectionType":"section","heading":"Production or display of identity card","content":"### sec.94 Production or display of identity card\n\nIn exercising a power under this part in relation to a person, a contact tracing officer must—\nproduce the contact tracing officer’s identity card for the person’s inspection before exercising the power; or\nhave the identity card displayed so it is clearly visible to the person when exercising the power.\nHowever, if it is not practicable to comply with subsection (1) , the contact tracing officer must produce the identity card for the person’s inspection at the first reasonable opportunity.\n(sec.94-ssec.1) In exercising a power under this part in relation to a person, a contact tracing officer must— produce the contact tracing officer’s identity card for the person’s inspection before exercising the power; or have the identity card displayed so it is clearly visible to the person when exercising the power.\n(sec.94-ssec.2) However, if it is not practicable to comply with subsection (1) , the contact tracing officer must produce the identity card for the person’s inspection at the first reasonable opportunity.\n- (a) produce the contact tracing officer’s identity card for the person’s inspection before exercising the power; or\n- (b) have the identity card displayed so it is clearly visible to the person when exercising the power.","sortOrder":146},{"sectionNumber":"sec.95","sectionType":"section","heading":"When contact tracing officer ceases to hold office","content":"### sec.95 When contact tracing officer ceases to hold office\n\nA contact tracing officer ceases to hold office if any of the following happens—\nthe term of office stated in a condition of office ends;\nunder another condition of office, the contact tracing officer ceases to hold office;\nthe contact tracing officer’s resignation under section 96 takes effect.\nSubsection (1) does not limit the ways a contact tracing officer may cease to hold office.\nIn this section—\ncondition of office means a condition on which the contact tracing officer holds office.\n(sec.95-ssec.1) A contact tracing officer ceases to hold office if any of the following happens— the term of office stated in a condition of office ends; under another condition of office, the contact tracing officer ceases to hold office; the contact tracing officer’s resignation under section 96 takes effect.\n(sec.95-ssec.2) Subsection (1) does not limit the ways a contact tracing officer may cease to hold office.\n(sec.95-ssec.3) In this section— condition of office means a condition on which the contact tracing officer holds office.\n- (a) the term of office stated in a condition of office ends;\n- (b) under another condition of office, the contact tracing officer ceases to hold office;\n- (c) the contact tracing officer’s resignation under section 96 takes effect.","sortOrder":147},{"sectionNumber":"sec.96","sectionType":"section","heading":"Resignation","content":"### sec.96 Resignation\n\nA contact tracing officer may resign by signed notice given to the chief executive.","sortOrder":148},{"sectionNumber":"sec.97","sectionType":"section","heading":"Return of identity card","content":"### sec.97 Return of identity card\n\nA person who ceases to be a contact tracing officer must, unless the person has a reasonable excuse, return the contact tracing officer’s identity card to the chief executive within 21 days after ceasing to be a contact tracing officer.\nMaximum penalty—20 penalty units.","sortOrder":149},{"sectionNumber":"ch.3-pt.3-div.2","sectionType":"division","heading":"Obtaining contact information","content":"## Obtaining contact information","sortOrder":150},{"sectionNumber":"sec.98","sectionType":"section","heading":"Definitions for div 2","content":"### sec.98 Definitions for div 2\n\nIn this division—\nbusiness contact information see section 101 (2) .\nbusiness contact information requirement see section 101 (5) .\ncontact information see sections 99 (2) and 103 (2) .\ncontact information requirement see section 99 (5) .","sortOrder":151},{"sectionNumber":"sec.99","sectionType":"section","heading":"Power to require contact information","content":"### sec.99 Power to require contact information\n\nThis section applies if a contact tracing officer—\nreasonably suspects that a person—\nhas a notifiable condition; or\nhas been in contact with a person who has, or may have, a notifiable condition; and\nhas explained to the person that information is needed to attempt to prevent or minimise the spread of the notifiable condition.\nThe contact tracing officer may ask the person to give the contact tracing officer all or any of the following information (the contact information ) within a stated time—\nthe person’s name and residential address or another address where the person may be contacted;\nthe name, address, whereabouts and telephone number of any other person—\nwho may have transmitted the notifiable condition to the person; or\nto whom the person may have transmitted the notifiable condition;\ninformation about the circumstances in which the person may have been exposed to the notifiable condition or may have exposed another person to the notifiable condition.\nThe contact tracing officer may ask the person to give the contact tracing officer evidence of the correctness of the contact information, within a stated reasonable time, if the contact tracing officer reasonably suspects the stated contact information to be false.\nIf the person fails to comply with a request under subsection (2) or (3) , the contact tracing officer may give the person a notice that—\nstates the contact information the person is required to provide; and\nstates the information is needed to attempt to prevent or minimise the spread of the notifiable condition; and\nrequires the person to give the contact tracing officer the contact information within a stated reasonable time; and\nwarns the person it is an offence to fail to give the contact information, unless the person has a reasonable excuse; and\ntells the person the effect of section 100 (2) .\nA requirement under subsection (4) is a contact information requirement .\nA person asked or required by a contact tracing officer to give contact information or evidence of the correctness of contact information must not state anything to the officer that the person knows is false or misleading in a material particular.\nMaximum penalty for subsection (6) —50 penalty units.\n(sec.99-ssec.1) This section applies if a contact tracing officer— reasonably suspects that a person— has a notifiable condition; or has been in contact with a person who has, or may have, a notifiable condition; and has explained to the person that information is needed to attempt to prevent or minimise the spread of the notifiable condition.\n(sec.99-ssec.2) The contact tracing officer may ask the person to give the contact tracing officer all or any of the following information (the contact information ) within a stated time— the person’s name and residential address or another address where the person may be contacted; the name, address, whereabouts and telephone number of any other person— who may have transmitted the notifiable condition to the person; or to whom the person may have transmitted the notifiable condition; information about the circumstances in which the person may have been exposed to the notifiable condition or may have exposed another person to the notifiable condition.\n(sec.99-ssec.3) The contact tracing officer may ask the person to give the contact tracing officer evidence of the correctness of the contact information, within a stated reasonable time, if the contact tracing officer reasonably suspects the stated contact information to be false.\n(sec.99-ssec.4) If the person fails to comply with a request under subsection (2) or (3) , the contact tracing officer may give the person a notice that— states the contact information the person is required to provide; and states the information is needed to attempt to prevent or minimise the spread of the notifiable condition; and requires the person to give the contact tracing officer the contact information within a stated reasonable time; and warns the person it is an offence to fail to give the contact information, unless the person has a reasonable excuse; and tells the person the effect of section 100 (2) .\n(sec.99-ssec.5) A requirement under subsection (4) is a contact information requirement .\n(sec.99-ssec.6) A person asked or required by a contact tracing officer to give contact information or evidence of the correctness of contact information must not state anything to the officer that the person knows is false or misleading in a material particular. Maximum penalty for subsection (6) —50 penalty units.\n- (a) reasonably suspects that a person— (i) has a notifiable condition; or (ii) has been in contact with a person who has, or may have, a notifiable condition; and\n- (i) has a notifiable condition; or\n- (ii) has been in contact with a person who has, or may have, a notifiable condition; and\n- (b) has explained to the person that information is needed to attempt to prevent or minimise the spread of the notifiable condition.\n- (i) has a notifiable condition; or\n- (ii) has been in contact with a person who has, or may have, a notifiable condition; and\n- (a) the person’s name and residential address or another address where the person may be contacted;\n- (b) the name, address, whereabouts and telephone number of any other person— (i) who may have transmitted the notifiable condition to the person; or (ii) to whom the person may have transmitted the notifiable condition;\n- (i) who may have transmitted the notifiable condition to the person; or\n- (ii) to whom the person may have transmitted the notifiable condition;\n- (c) information about the circumstances in which the person may have been exposed to the notifiable condition or may have exposed another person to the notifiable condition.\n- (i) who may have transmitted the notifiable condition to the person; or\n- (ii) to whom the person may have transmitted the notifiable condition;\n- (a) states the contact information the person is required to provide; and\n- (b) states the information is needed to attempt to prevent or minimise the spread of the notifiable condition; and\n- (c) requires the person to give the contact tracing officer the contact information within a stated reasonable time; and\n- (d) warns the person it is an offence to fail to give the contact information, unless the person has a reasonable excuse; and\n- (e) tells the person the effect of section 100 (2) .","sortOrder":152},{"sectionNumber":"sec.100","sectionType":"section","heading":"Failure to give contact information","content":"### sec.100 Failure to give contact information\n\nA person of whom a contact information requirement is made must comply with the requirement, unless the person has a reasonable excuse.\nMaximum penalty—50 penalty units.\nIt is not a reasonable excuse to fail to comply with the contact information requirement that complying with the requirement might tend to incriminate the person.\nHowever, the following is not admissible in evidence against an individual in any civil or criminal proceeding—\nany information given by the individual in complying with the contact information requirement or a requirement under section 99 (2) or (3) ( primary evidence );\nany information, or document or other thing, obtained as a direct or indirect result of primary evidence ( derived evidence ).\nSubsection (3) does not prevent primary evidence or derived evidence being admitted in evidence in—\ncriminal proceedings about the falsity or misleading nature of the primary evidence; or\nproceedings for obtaining a controlled notifiable conditions order under part 5 .\nAlso, subsection (3) does not prevent derived evidence being admitted in evidence in criminal proceedings about a controlled notifiable condition.\n(sec.100-ssec.1) A person of whom a contact information requirement is made must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—50 penalty units.\n(sec.100-ssec.2) It is not a reasonable excuse to fail to comply with the contact information requirement that complying with the requirement might tend to incriminate the person.\n(sec.100-ssec.3) However, the following is not admissible in evidence against an individual in any civil or criminal proceeding— any information given by the individual in complying with the contact information requirement or a requirement under section 99 (2) or (3) ( primary evidence ); any information, or document or other thing, obtained as a direct or indirect result of primary evidence ( derived evidence ).\n(sec.100-ssec.4) Subsection (3) does not prevent primary evidence or derived evidence being admitted in evidence in— criminal proceedings about the falsity or misleading nature of the primary evidence; or proceedings for obtaining a controlled notifiable conditions order under part 5 .\n(sec.100-ssec.5) Also, subsection (3) does not prevent derived evidence being admitted in evidence in criminal proceedings about a controlled notifiable condition.\n- (a) any information given by the individual in complying with the contact information requirement or a requirement under section 99 (2) or (3) ( primary evidence );\n- (b) any information, or document or other thing, obtained as a direct or indirect result of primary evidence ( derived evidence ).\n- (a) criminal proceedings about the falsity or misleading nature of the primary evidence; or\n- (b) proceedings for obtaining a controlled notifiable conditions order under part 5 .","sortOrder":153},{"sectionNumber":"sec.101","sectionType":"section","heading":"Power to require business contact information","content":"### sec.101 Power to require business contact information\n\nThis section applies if a contact tracing officer—\nreasonably suspects that a person may have contracted a notifiable condition while receiving or providing goods or services from or to a business; and\nhas explained to an owner of the business, or the person apparently in charge of the business, that information is needed to prevent or minimise the spread of the notifiable condition.\nThe contact tracing officer may ask the owner or person apparently in charge to give the contact tracing officer all or any of the following information (the business contact information ) within a stated reasonable time—\nthe owner’s or person’s name and residential address or another address where the owner or person may be contacted;\nthe name, address, whereabouts and telephone number of any person who received or provided goods or services from or to the business within a stated period;\ninformation about the circumstances in which a person who received or provided goods or services from or to the business may have been exposed to the notifiable condition or may have exposed another person to the notifiable condition.\nThe contact tracing officer may ask the owner or person apparently in charge to give the contact tracing officer evidence of the correctness of the business contact information within a stated reasonable time if the contact tracing officer reasonably suspects the stated business contact information to be false.\nIf a person fails to comply with a request under subsection (2) or (3) , the contact tracing officer may give the person a notice that—\nstates the business contact information the person is required to provide; and\nstates the business contact information is needed to attempt to prevent or minimise the spread of the notifiable condition; and\nrequires the person to give the contact tracing officer the business contact information within a stated reasonable time; and\nwarns the person it is an offence to fail to give the business contact information, unless the owner or person has a reasonable excuse; and\ntells the person the effect of section 102 (2) .\nA requirement under subsection (4) is a business contact information requirement .\nA person asked or required by a contact tracing officer to give business contact information or evidence of the correctness of business contact information must not state anything to the officer that the person knows is false or misleading in a material particular.\nMaximum penalty—50 penalty units.\nIn this section—\nbusiness includes any organisation whether or not the organisation operates to make a profit.\na sporting club or charitable organisation\n(sec.101-ssec.1) This section applies if a contact tracing officer— reasonably suspects that a person may have contracted a notifiable condition while receiving or providing goods or services from or to a business; and has explained to an owner of the business, or the person apparently in charge of the business, that information is needed to prevent or minimise the spread of the notifiable condition.\n(sec.101-ssec.2) The contact tracing officer may ask the owner or person apparently in charge to give the contact tracing officer all or any of the following information (the business contact information ) within a stated reasonable time— the owner’s or person’s name and residential address or another address where the owner or person may be contacted; the name, address, whereabouts and telephone number of any person who received or provided goods or services from or to the business within a stated period; information about the circumstances in which a person who received or provided goods or services from or to the business may have been exposed to the notifiable condition or may have exposed another person to the notifiable condition.\n(sec.101-ssec.3) The contact tracing officer may ask the owner or person apparently in charge to give the contact tracing officer evidence of the correctness of the business contact information within a stated reasonable time if the contact tracing officer reasonably suspects the stated business contact information to be false.\n(sec.101-ssec.4) If a person fails to comply with a request under subsection (2) or (3) , the contact tracing officer may give the person a notice that— states the business contact information the person is required to provide; and states the business contact information is needed to attempt to prevent or minimise the spread of the notifiable condition; and requires the person to give the contact tracing officer the business contact information within a stated reasonable time; and warns the person it is an offence to fail to give the business contact information, unless the owner or person has a reasonable excuse; and tells the person the effect of section 102 (2) .\n(sec.101-ssec.5) A requirement under subsection (4) is a business contact information requirement .\n(sec.101-ssec.6) A person asked or required by a contact tracing officer to give business contact information or evidence of the correctness of business contact information must not state anything to the officer that the person knows is false or misleading in a material particular. Maximum penalty—50 penalty units.\n(sec.101-ssec.7) In this section— business includes any organisation whether or not the organisation operates to make a profit. a sporting club or charitable organisation\n- (a) reasonably suspects that a person may have contracted a notifiable condition while receiving or providing goods or services from or to a business; and\n- (b) has explained to an owner of the business, or the person apparently in charge of the business, that information is needed to prevent or minimise the spread of the notifiable condition.\n- (a) the owner’s or person’s name and residential address or another address where the owner or person may be contacted;\n- (b) the name, address, whereabouts and telephone number of any person who received or provided goods or services from or to the business within a stated period;\n- (c) information about the circumstances in which a person who received or provided goods or services from or to the business may have been exposed to the notifiable condition or may have exposed another person to the notifiable condition.\n- (a) states the business contact information the person is required to provide; and\n- (b) states the business contact information is needed to attempt to prevent or minimise the spread of the notifiable condition; and\n- (c) requires the person to give the contact tracing officer the business contact information within a stated reasonable time; and\n- (d) warns the person it is an offence to fail to give the business contact information, unless the owner or person has a reasonable excuse; and\n- (e) tells the person the effect of section 102 (2) .","sortOrder":154},{"sectionNumber":"sec.102","sectionType":"section","heading":"Failure to give business contact information","content":"### sec.102 Failure to give business contact information\n\nA person of whom a business contact information requirement is made must comply with the requirement, unless the person has a reasonable excuse.\nMaximum penalty—50 penalty units.\nIt is not a reasonable excuse to fail to comply with the requirement that complying with the requirement might tend to incriminate the person.\nHowever, the following is not admissible in evidence against an individual in any civil or criminal proceeding—\nany information given by the individual in complying with the business contact information requirement or a requirement under section 101 (2) or (3) ( primary evidence );\nany information, or document or other thing, obtained as a direct or indirect result of primary evidence ( derived evidence ).\nSubsection (3) does not prevent primary evidence or derived evidence being admitted in evidence in—\ncriminal proceedings about the falsity or misleading nature of the primary evidence; or\nproceedings for obtaining a controlled notifiable conditions order under part 5 .\nAlso, subsection (3) does not prevent derived evidence being admitted in evidence in criminal proceedings about a controlled notifiable condition.\n(sec.102-ssec.1) A person of whom a business contact information requirement is made must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—50 penalty units.\n(sec.102-ssec.2) It is not a reasonable excuse to fail to comply with the requirement that complying with the requirement might tend to incriminate the person.\n(sec.102-ssec.3) However, the following is not admissible in evidence against an individual in any civil or criminal proceeding— any information given by the individual in complying with the business contact information requirement or a requirement under section 101 (2) or (3) ( primary evidence ); any information, or document or other thing, obtained as a direct or indirect result of primary evidence ( derived evidence ).\n(sec.102-ssec.4) Subsection (3) does not prevent primary evidence or derived evidence being admitted in evidence in— criminal proceedings about the falsity or misleading nature of the primary evidence; or proceedings for obtaining a controlled notifiable conditions order under part 5 .\n(sec.102-ssec.5) Also, subsection (3) does not prevent derived evidence being admitted in evidence in criminal proceedings about a controlled notifiable condition.\n- (a) any information given by the individual in complying with the business contact information requirement or a requirement under section 101 (2) or (3) ( primary evidence );\n- (b) any information, or document or other thing, obtained as a direct or indirect result of primary evidence ( derived evidence ).\n- (a) criminal proceedings about the falsity or misleading nature of the primary evidence; or\n- (b) proceedings for obtaining a controlled notifiable conditions order under part 5 .","sortOrder":155},{"sectionNumber":"sec.103","sectionType":"section","heading":"Obtaining contact information from health information held by a health agency","content":"### sec.103 Obtaining contact information from health information held by a health agency\n\nSubsection (2) applies if a contact tracing officer—\nreasonably suspects that a person has a notifiable condition; and\nhas been unable to locate and question the person despite reasonable attempts to do so.\nThe contact tracing officer may inspect health information held by a health agency to obtain the following information (also the contact information )—\nthe person’s name and residential address or another address where the person may be contacted;\nthe name and address, whereabouts and telephone number of another person—\nwho may have transmitted the notifiable condition to the person; or\nto whom the person may have transmitted the notifiable condition;\ninformation about the circumstances in which the person may have been exposed to the notifiable condition or may have exposed others to the notifiable condition.\nSee also section 99 (2) .\nThis section applies despite any other provision of this Act or any provision of another law that deals with confidentiality, including, for example, the Hospital and Health Boards Act 2011 , section 142 .\ns 103 amd 2011 No. 32 s 332 sch 1 pt 2 (amd 2012 No. 9 s 47 )\n(sec.103-ssec.1) Subsection (2) applies if a contact tracing officer— reasonably suspects that a person has a notifiable condition; and has been unable to locate and question the person despite reasonable attempts to do so.\n(sec.103-ssec.2) The contact tracing officer may inspect health information held by a health agency to obtain the following information (also the contact information )— the person’s name and residential address or another address where the person may be contacted; the name and address, whereabouts and telephone number of another person— who may have transmitted the notifiable condition to the person; or to whom the person may have transmitted the notifiable condition; information about the circumstances in which the person may have been exposed to the notifiable condition or may have exposed others to the notifiable condition. See also section 99 (2) .\n(sec.103-ssec.3) This section applies despite any other provision of this Act or any provision of another law that deals with confidentiality, including, for example, the Hospital and Health Boards Act 2011 , section 142 .\n- (a) reasonably suspects that a person has a notifiable condition; and\n- (b) has been unable to locate and question the person despite reasonable attempts to do so.\n- (a) the person’s name and residential address or another address where the person may be contacted;\n- (b) the name and address, whereabouts and telephone number of another person— (i) who may have transmitted the notifiable condition to the person; or (ii) to whom the person may have transmitted the notifiable condition;\n- (i) who may have transmitted the notifiable condition to the person; or\n- (ii) to whom the person may have transmitted the notifiable condition;\n- (c) information about the circumstances in which the person may have been exposed to the notifiable condition or may have exposed others to the notifiable condition.\n- (i) who may have transmitted the notifiable condition to the person; or\n- (ii) to whom the person may have transmitted the notifiable condition;","sortOrder":156},{"sectionNumber":"ch.3-pt.3-div.3","sectionType":"division","heading":"Confidentiality of information and use of information supplied for contact tracing","content":"## Confidentiality of information and use of information supplied for contact tracing","sortOrder":157},{"sectionNumber":"sec.104","sectionType":"section","heading":"Definitions for div 3","content":"### sec.104 Definitions for div 3\n\nIn this division—\nconfidential information means information that has become known to a relevant person in the course of performing the relevant person’s functions under this part or the repealed provisions.\ninformation includes a document.\nrelevant person means the following—\na person who is, or was, a contact tracing officer or other person involved in the administration or enforcement of this part;\na person who was involved in the administration or enforcement of the repealed provisions.\nrepealed provisions means the Health Act 1937 , part 3 , division 2 .\n- (a) a person who is, or was, a contact tracing officer or other person involved in the administration or enforcement of this part;\n- (b) a person who was involved in the administration or enforcement of the repealed provisions.","sortOrder":158},{"sectionNumber":"sec.104A","sectionType":"section","heading":"Extraterritorial operation","content":"### sec.104A Extraterritorial operation\n\nIt is the intention of the Parliament that this division have effect outside Queensland and in relation to persons outside Queensland.\ns 104A ins 2020 No. 23 s 55W","sortOrder":159},{"sectionNumber":"sec.105","sectionType":"section","heading":"Confidentiality of information","content":"### sec.105 Confidentiality of information\n\nA relevant person must not, whether directly or indirectly, disclose confidential information.\nMaximum penalty—50 penalty units.\nThe Hospital and Health Boards Act 2011 , section 142 , does not apply to a relevant person in relation to confidential information.\ns 105 amd 2011 No. 32 s 332 sch 1 pt 2 (amd 2012 No. 9 s 47 )\n(sec.105-ssec.1) A relevant person must not, whether directly or indirectly, disclose confidential information. Maximum penalty—50 penalty units.\n(sec.105-ssec.2) The Hospital and Health Boards Act 2011 , section 142 , does not apply to a relevant person in relation to confidential information.","sortOrder":160},{"sectionNumber":"sec.106","sectionType":"section","heading":"Disclosure under an Act or another law","content":"### sec.106 Disclosure under an Act or another law\n\nSection 105 (1) does not apply if the disclosure of the confidential information by a relevant person is authorised under an Act or another law.","sortOrder":161},{"sectionNumber":"sec.107","sectionType":"section","heading":"Disclosure under Act or with written consent etc.","content":"### sec.107 Disclosure under Act or with written consent etc.\n\nSection 105 (1) does not apply if the confidential information is disclosed by a relevant person—\nin the performance of functions under this Act; or\nwith the written or oral consent of the person to whom the information relates; or\nto the person to whom the information relates; or\nin a form that could not identify any person.\ns 107 amd 2009 No. 44 s 159\n- (a) in the performance of functions under this Act; or\n- (b) with the written or oral consent of the person to whom the information relates; or\n- (c) to the person to whom the information relates; or\n- (d) in a form that could not identify any person.","sortOrder":162},{"sectionNumber":"sec.108","sectionType":"section","heading":"Disclosure to protect health of person","content":"### sec.108 Disclosure to protect health of person\n\nSection 105 (1) does not apply if the disclosure of the confidential information by a relevant person to another person is authorised by the chief executive to protect the health of that person or another person.","sortOrder":163},{"sectionNumber":"sec.108A","sectionType":"section","heading":"Disclosure for contact tracing purposes","content":"### sec.108A Disclosure for contact tracing purposes\n\nSection 105 (1) does not apply if the disclosure of the confidential information by a relevant person is to a provider for the purpose of contacting another person (the traced person ) who has, or may have, contracted a notifiable condition, to—\nprovide the traced person with information to prevent or minimise transmission of the notifiable condition; or\nenable the traced person to seek medical examination or treatment.\nIn this section—\nhealth practitioner means a person who carries on, and is entitled to carry on, an occupation involving the provision of care for another person’s physical or mental health or wellbeing.\na doctor\na psychologist\na social worker\na registered nurse\nprovider , in relation to a person, means any of the following—\na health practitioner involved in the treatment or care of the person or a health practitioner nominated by the person;\nif the person is a child—the person’s parent or a person exercising parental responsibility for the child, including a person who, under Aboriginal tradition or Island custom, is regarded as the parent of the child;\nthe person’s legal guardian;\nan entity from another jurisdiction that is responsible for preventing or controlling the spread of communicable diseases in that jurisdiction;\nanother entity prescribed under a regulation.\ns 108A ins 2009 No. 44 s 160\n(sec.108A-ssec.1) Section 105 (1) does not apply if the disclosure of the confidential information by a relevant person is to a provider for the purpose of contacting another person (the traced person ) who has, or may have, contracted a notifiable condition, to— provide the traced person with information to prevent or minimise transmission of the notifiable condition; or enable the traced person to seek medical examination or treatment.\n(sec.108A-ssec.2) In this section— health practitioner means a person who carries on, and is entitled to carry on, an occupation involving the provision of care for another person’s physical or mental health or wellbeing. a doctor a psychologist a social worker a registered nurse provider , in relation to a person, means any of the following— a health practitioner involved in the treatment or care of the person or a health practitioner nominated by the person; if the person is a child—the person’s parent or a person exercising parental responsibility for the child, including a person who, under Aboriginal tradition or Island custom, is regarded as the parent of the child; the person’s legal guardian; an entity from another jurisdiction that is responsible for preventing or controlling the spread of communicable diseases in that jurisdiction; another entity prescribed under a regulation.\n- (a) provide the traced person with information to prevent or minimise transmission of the notifiable condition; or\n- (b) enable the traced person to seek medical examination or treatment.\n- • a doctor\n- • a psychologist\n- • a social worker\n- • a registered nurse\n- (a) a health practitioner involved in the treatment or care of the person or a health practitioner nominated by the person;\n- (b) if the person is a child—the person’s parent or a person exercising parental responsibility for the child, including a person who, under Aboriginal tradition or Island custom, is regarded as the parent of the child;\n- (c) the person’s legal guardian;\n- (d) an entity from another jurisdiction that is responsible for preventing or controlling the spread of communicable diseases in that jurisdiction;\n- (e) another entity prescribed under a regulation.","sortOrder":164},{"sectionNumber":"sec.109","sectionType":"section","heading":"Disclosure of confidential information in the public interest","content":"### sec.109 Disclosure of confidential information in the public interest\n\nSection 105 (1) does not apply to the disclosure of confidential information by a relevant person if—\nthe chief executive believes, on reasonable grounds, the disclosure is in the public interest; and\nthe chief executive has, in writing, authorised the disclosure.\nThe department’s annual report for a financial year under the Financial Accountability Act 2009 must include details of—\nthe nature of any confidential information disclosed under subsection (1) during the financial year; and\nthe purpose for which the confidential information was disclosed.\nHowever, the details mentioned in subsection (2) (a) must not identify, directly or indirectly, the person to whom the confidential information relates.\nDespite the Public Sector Act 2022 , section 282 , the chief executive may not delegate the chief executive’s power under subsection (1) .\ns 109 amd 2009 No. 9 s 136 sch 1 ; 2009 No. 25 s 83 sch ; 2022 No. 34 s 365 sch 3\n(sec.109-ssec.1) Section 105 (1) does not apply to the disclosure of confidential information by a relevant person if— the chief executive believes, on reasonable grounds, the disclosure is in the public interest; and the chief executive has, in writing, authorised the disclosure.\n(sec.109-ssec.2) The department’s annual report for a financial year under the Financial Accountability Act 2009 must include details of— the nature of any confidential information disclosed under subsection (1) during the financial year; and the purpose for which the confidential information was disclosed.\n(sec.109-ssec.3) However, the details mentioned in subsection (2) (a) must not identify, directly or indirectly, the person to whom the confidential information relates.\n(sec.109-ssec.4) Despite the Public Sector Act 2022 , section 282 , the chief executive may not delegate the chief executive’s power under subsection (1) .\n- (a) the chief executive believes, on reasonable grounds, the disclosure is in the public interest; and\n- (b) the chief executive has, in writing, authorised the disclosure.\n- (a) the nature of any confidential information disclosed under subsection (1) during the financial year; and\n- (b) the purpose for which the confidential information was disclosed.","sortOrder":165},{"sectionNumber":"sec.110","sectionType":"section","heading":"Disclosure to allow chief executive to act","content":"### sec.110 Disclosure to allow chief executive to act\n\nSection 105 (1) does not apply if the disclosure of the confidential information by a relevant person is to the chief executive to allow the chief executive to act under this division.","sortOrder":166},{"sectionNumber":"sec.111","sectionType":"section","heading":"Use of contact information and business contact information","content":"### sec.111 Use of contact information and business contact information\n\nContact information or business contact information (the information )—\ncan not be accessed under any order, whether of a judicial or administrative nature, other than an order for the purpose of this Act; and\nis not admissible in any proceeding, other than a proceeding under this Act or a proceeding mentioned in section 100 (4) (a) or (5) or section 102 (4) (a) or (5) .\nA person can not be compelled to produce the information, or to give evidence relating to the information, in any proceeding, other than a proceeding under this Act.\nSubsections (1) (b) and (2) do not apply if the information is admitted or produced, or evidence relating to the information is given, with the consent of the person to whom the information relates.\nNothing in this section limits access to information by the chief executive or a person authorised by the chief executive.\nIn this section—\norder includes a direction or other process.\n(sec.111-ssec.1) Contact information or business contact information (the information )— can not be accessed under any order, whether of a judicial or administrative nature, other than an order for the purpose of this Act; and is not admissible in any proceeding, other than a proceeding under this Act or a proceeding mentioned in section 100 (4) (a) or (5) or section 102 (4) (a) or (5) .\n(sec.111-ssec.2) A person can not be compelled to produce the information, or to give evidence relating to the information, in any proceeding, other than a proceeding under this Act.\n(sec.111-ssec.3) Subsections (1) (b) and (2) do not apply if the information is admitted or produced, or evidence relating to the information is given, with the consent of the person to whom the information relates.\n(sec.111-ssec.4) Nothing in this section limits access to information by the chief executive or a person authorised by the chief executive.\n(sec.111-ssec.5) In this section— order includes a direction or other process.\n- (a) can not be accessed under any order, whether of a judicial or administrative nature, other than an order for the purpose of this Act; and\n- (b) is not admissible in any proceeding, other than a proceeding under this Act or a proceeding mentioned in section 100 (4) (a) or (5) or section 102 (4) (a) or (5) .","sortOrder":167},{"sectionNumber":"ch.3-pt.4","sectionType":"part","heading":"Orders by chief executive about controlled notifiable conditions","content":"# Orders by chief executive about controlled notifiable conditions","sortOrder":168},{"sectionNumber":"ch.3-pt.4-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":169},{"sectionNumber":"sec.112","sectionType":"section","heading":"Definition for pt 4","content":"### sec.112 Definition for pt 4\n\nIn this part—\nchief executive’s order see section 113 (4) .","sortOrder":170},{"sectionNumber":"ch.3-pt.4-div.2","sectionType":"division","heading":"Orders by chief executive","content":"## Orders by chief executive","sortOrder":171},{"sectionNumber":"sec.113","sectionType":"section","heading":"Chief executive may order detention","content":"### sec.113 Chief executive may order detention\n\nThis section applies if the chief executive—\nreasonably suspects that a person who has presented to a public sector health service has, or may have, a controlled notifiable condition; and\nreasonably suspects the person’s condition, or the person’s condition and likely behaviour, constitutes an immediate risk to public health; and\nis satisfied the person has been counselled, or reasonable attempts have been made to counsel the person, about the condition and its possible effect on the person’s health and on public health.\nHowever, subsection (1) (c) does not apply if it is not practicable to counsel the person.\nThe chief executive may order the detention of the person at a public sector health service.\nThe order (a chief executive’s order ) must be in writing and must state the following—\nthe controlled notifiable condition the person has or is suspected of having;\nthe reasons for the order;\nthe name of the public sector health service where the person is to be detained;\nthat the person must—\nif the person is at the public sector health service where the person is to be detained—remain at the service; or\nif the person is not at the public sector health service where the person is to be detained—go immediately with the person enforcing the order to the public sector health service and remain at the service;\nthat the person, while being detained at a public sector health service, must comply with the reasonable requirements of the person in charge of the service;\nwhen the chief executive’s order ends under section 115 .\n(sec.113-ssec.1) This section applies if the chief executive— reasonably suspects that a person who has presented to a public sector health service has, or may have, a controlled notifiable condition; and reasonably suspects the person’s condition, or the person’s condition and likely behaviour, constitutes an immediate risk to public health; and is satisfied the person has been counselled, or reasonable attempts have been made to counsel the person, about the condition and its possible effect on the person’s health and on public health.\n(sec.113-ssec.2) However, subsection (1) (c) does not apply if it is not practicable to counsel the person.\n(sec.113-ssec.3) The chief executive may order the detention of the person at a public sector health service.\n(sec.113-ssec.4) The order (a chief executive’s order ) must be in writing and must state the following— the controlled notifiable condition the person has or is suspected of having; the reasons for the order; the name of the public sector health service where the person is to be detained; that the person must— if the person is at the public sector health service where the person is to be detained—remain at the service; or if the person is not at the public sector health service where the person is to be detained—go immediately with the person enforcing the order to the public sector health service and remain at the service; that the person, while being detained at a public sector health service, must comply with the reasonable requirements of the person in charge of the service; when the chief executive’s order ends under section 115 .\n- (a) reasonably suspects that a person who has presented to a public sector health service has, or may have, a controlled notifiable condition; and\n- (b) reasonably suspects the person’s condition, or the person’s condition and likely behaviour, constitutes an immediate risk to public health; and\n- (c) is satisfied the person has been counselled, or reasonable attempts have been made to counsel the person, about the condition and its possible effect on the person’s health and on public health.\n- (a) the controlled notifiable condition the person has or is suspected of having;\n- (b) the reasons for the order;\n- (c) the name of the public sector health service where the person is to be detained;\n- (d) that the person must— (i) if the person is at the public sector health service where the person is to be detained—remain at the service; or (ii) if the person is not at the public sector health service where the person is to be detained—go immediately with the person enforcing the order to the public sector health service and remain at the service;\n- (i) if the person is at the public sector health service where the person is to be detained—remain at the service; or\n- (ii) if the person is not at the public sector health service where the person is to be detained—go immediately with the person enforcing the order to the public sector health service and remain at the service;\n- (e) that the person, while being detained at a public sector health service, must comply with the reasonable requirements of the person in charge of the service;\n- (f) when the chief executive’s order ends under section 115 .\n- (i) if the person is at the public sector health service where the person is to be detained—remain at the service; or\n- (ii) if the person is not at the public sector health service where the person is to be detained—go immediately with the person enforcing the order to the public sector health service and remain at the service;","sortOrder":172},{"sectionNumber":"sec.114","sectionType":"section","heading":"Enforcement of chief executive’s order","content":"### sec.114 Enforcement of chief executive’s order\n\nA chief executive’s order may be enforced by the person in charge of the public sector health service where the person to whom the order relates is to be detained.\nThe person in charge must before enforcing the order—\ngive the person to whom the order relates a copy of the chief executive’s order; and\nexplain to the person, in general terms, the purpose and effect of the chief executive’s order including that it is an offence not to comply with the order.\nThe person in charge must note on the copy and original of the chief executive’s order when the copy was given to the person.\nThe person given a copy of the chief executive’s order under subsection (2) (a) must comply with the order.\nMaximum penalty—200 penalty units.\nThe person in charge of a public sector health service may enforce a chief executive’s order with the help, and using the force, that is reasonable in the circumstances.\nHowever, the person in charge of a public sector health service must give the person detained an opportunity to voluntarily comply with the order.\nA person authorised by the person in charge of a public sector health service may help the person in charge to enforce a chief executive’s order.\n(sec.114-ssec.1) A chief executive’s order may be enforced by the person in charge of the public sector health service where the person to whom the order relates is to be detained.\n(sec.114-ssec.2) The person in charge must before enforcing the order— give the person to whom the order relates a copy of the chief executive’s order; and explain to the person, in general terms, the purpose and effect of the chief executive’s order including that it is an offence not to comply with the order.\n(sec.114-ssec.3) The person in charge must note on the copy and original of the chief executive’s order when the copy was given to the person.\n(sec.114-ssec.4) The person given a copy of the chief executive’s order under subsection (2) (a) must comply with the order. Maximum penalty—200 penalty units.\n(sec.114-ssec.5) The person in charge of a public sector health service may enforce a chief executive’s order with the help, and using the force, that is reasonable in the circumstances.\n(sec.114-ssec.6) However, the person in charge of a public sector health service must give the person detained an opportunity to voluntarily comply with the order.\n(sec.114-ssec.7) A person authorised by the person in charge of a public sector health service may help the person in charge to enforce a chief executive’s order.\n- (a) give the person to whom the order relates a copy of the chief executive’s order; and\n- (b) explain to the person, in general terms, the purpose and effect of the chief executive’s order including that it is an offence not to comply with the order.","sortOrder":173},{"sectionNumber":"sec.115","sectionType":"section","heading":"Duration of chief executive’s order","content":"### sec.115 Duration of chief executive’s order\n\nA chief executive’s order ends at the earlier of—\n24 hours from the time a copy is given to the person who is the subject of the order unless the chief executive orders the earlier release of the person; or\nthe time a magistrate decides an application for a controlled notifiable conditions order relating to the person.\n- (a) 24 hours from the time a copy is given to the person who is the subject of the order unless the chief executive orders the earlier release of the person; or\n- (b) the time a magistrate decides an application for a controlled notifiable conditions order relating to the person.","sortOrder":174},{"sectionNumber":"ch.3-pt.5","sectionType":"part","heading":"Orders by magistrate about controlled notifiable conditions","content":"# Orders by magistrate about controlled notifiable conditions","sortOrder":175},{"sectionNumber":"ch.3-pt.5-div.1","sectionType":"division","heading":"General","content":"## General","sortOrder":176},{"sectionNumber":"sec.116","sectionType":"section","heading":"Applying for controlled notifiable conditions order","content":"### sec.116 Applying for controlled notifiable conditions order\n\nThe chief executive may apply to a magistrate for any of the following orders for a person (each a controlled notifiable conditions order )—\nan initial examination order;\na behavioural order;\na detention order.\nThe application must be sworn and state the following—\nthe controlled notifiable condition the person has or is suspected of having;\nthe grounds on which it is made;\nthe nature of the order sought;\nif an order taking the person into, or keeping the person in, detention is sought—the proposed arrangements for the person’s detention and care.\nThe magistrate may refuse to consider the application until the applicant gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.\nThe magistrate may require additional information supporting the application be given by statutory declaration.\n(sec.116-ssec.1) The chief executive may apply to a magistrate for any of the following orders for a person (each a controlled notifiable conditions order )— an initial examination order; a behavioural order; a detention order.\n(sec.116-ssec.2) The application must be sworn and state the following— the controlled notifiable condition the person has or is suspected of having; the grounds on which it is made; the nature of the order sought; if an order taking the person into, or keeping the person in, detention is sought—the proposed arrangements for the person’s detention and care.\n(sec.116-ssec.3) The magistrate may refuse to consider the application until the applicant gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires. The magistrate may require additional information supporting the application be given by statutory declaration.\n- (a) an initial examination order;\n- (b) a behavioural order;\n- (c) a detention order.\n- (a) the controlled notifiable condition the person has or is suspected of having;\n- (b) the grounds on which it is made;\n- (c) the nature of the order sought;\n- (d) if an order taking the person into, or keeping the person in, detention is sought—the proposed arrangements for the person’s detention and care.","sortOrder":177},{"sectionNumber":"sec.117","sectionType":"section","heading":"Deciding application in person’s absence","content":"### sec.117 Deciding application in person’s absence\n\nA magistrate may decide an application for a controlled notifiable conditions order in the absence of the person for whom the order is sought if the magistrate—\nconsiders the person’s presence may be an immediate risk to public health; or\nis satisfied the person can not be located; or\nis satisfied there is another reason that makes this necessary.\nWithout limiting subsection (1) , a magistrate may decide that representations, if any, for the person must be made through someone acting for the person.\n(sec.117-ssec.1) A magistrate may decide an application for a controlled notifiable conditions order in the absence of the person for whom the order is sought if the magistrate— considers the person’s presence may be an immediate risk to public health; or is satisfied the person can not be located; or is satisfied there is another reason that makes this necessary.\n(sec.117-ssec.2) Without limiting subsection (1) , a magistrate may decide that representations, if any, for the person must be made through someone acting for the person.\n- (a) considers the person’s presence may be an immediate risk to public health; or\n- (b) is satisfied the person can not be located; or\n- (c) is satisfied there is another reason that makes this necessary.","sortOrder":178},{"sectionNumber":"ch.3-pt.5-div.2","sectionType":"division","heading":"Initial examination orders","content":"## Initial examination orders","sortOrder":179},{"sectionNumber":"sec.118","sectionType":"section","heading":"Making initial examination order","content":"### sec.118 Making initial examination order\n\nA magistrate may make an initial examination order for a person if the magistrate—\nreasonably suspects the person may have a controlled notifiable condition; and\nis satisfied that if the person has the condition, either of the following may constitute an immediate risk to public health—\nthe person’s condition;\nthe person’s condition and likely behaviour; and\nis satisfied it is necessary for the person to undergo a medical examination to ascertain whether the person has the condition; and\nis satisfied the person has been counselled, or reasonable attempts have been made to counsel the person, about the condition and its possible effect on the person’s health and on public health.\nHowever, subsection (1) (d) does not apply if it is not practicable to counsel the person.\n(sec.118-ssec.1) A magistrate may make an initial examination order for a person if the magistrate— reasonably suspects the person may have a controlled notifiable condition; and is satisfied that if the person has the condition, either of the following may constitute an immediate risk to public health— the person’s condition; the person’s condition and likely behaviour; and is satisfied it is necessary for the person to undergo a medical examination to ascertain whether the person has the condition; and is satisfied the person has been counselled, or reasonable attempts have been made to counsel the person, about the condition and its possible effect on the person’s health and on public health.\n(sec.118-ssec.2) However, subsection (1) (d) does not apply if it is not practicable to counsel the person.\n- (a) reasonably suspects the person may have a controlled notifiable condition; and\n- (b) is satisfied that if the person has the condition, either of the following may constitute an immediate risk to public health— (i) the person’s condition; (ii) the person’s condition and likely behaviour; and\n- (i) the person’s condition;\n- (ii) the person’s condition and likely behaviour; and\n- (c) is satisfied it is necessary for the person to undergo a medical examination to ascertain whether the person has the condition; and\n- (d) is satisfied the person has been counselled, or reasonable attempts have been made to counsel the person, about the condition and its possible effect on the person’s health and on public health.\n- (i) the person’s condition;\n- (ii) the person’s condition and likely behaviour; and","sortOrder":180},{"sectionNumber":"sec.119","sectionType":"section","heading":"What initial examination order may provide","content":"### sec.119 What initial examination order may provide\n\nAn initial examination order may provide for any or all of the following—\nthat the person be detained at a stated place;\nsubject to subsection (2) , a period that is not more than 72 hours, for which a person may be detained;\nthat the person be detained in isolation for part or all of the period of detention;\nif the person is not at the place where the person is to be detained, that the person be taken to and detained at the place;\nthat the person undergo the medical examination stated in the order by a doctor nominated by the chief executive to ascertain whether the person has the controlled notifiable condition.\nThe order may state a period that is more than 72 hours only if the magistrate is satisfied that because of the nature of the controlled notifiable condition a longer period is required to ascertain whether the person has the condition.\nThe order may be made subject to the conditions the magistrate considers appropriate.\nThe order may authorise any authorised person, within a stated period—\nto enter or re-enter any place the authorised person reasonably believes the person is; and\nto search the place to find the person; and\nto remain in the place for as long as the authorised person considers is reasonably necessary to find the person; and\nto take the person to the place where the person is to be detained under the order.\nAn authorised person may exercise powers under the order with the help, and using the force, that is reasonable in the circumstances.\nWithout limiting section 123 , for enforcing the order the chief executive may detain the person and carry out the medical examination with the help, and using the force, that is reasonable in the circumstances.\n(sec.119-ssec.1) An initial examination order may provide for any or all of the following— that the person be detained at a stated place; subject to subsection (2) , a period that is not more than 72 hours, for which a person may be detained; that the person be detained in isolation for part or all of the period of detention; if the person is not at the place where the person is to be detained, that the person be taken to and detained at the place; that the person undergo the medical examination stated in the order by a doctor nominated by the chief executive to ascertain whether the person has the controlled notifiable condition.\n(sec.119-ssec.2) The order may state a period that is more than 72 hours only if the magistrate is satisfied that because of the nature of the controlled notifiable condition a longer period is required to ascertain whether the person has the condition.\n(sec.119-ssec.3) The order may be made subject to the conditions the magistrate considers appropriate.\n(sec.119-ssec.4) The order may authorise any authorised person, within a stated period— to enter or re-enter any place the authorised person reasonably believes the person is; and to search the place to find the person; and to remain in the place for as long as the authorised person considers is reasonably necessary to find the person; and to take the person to the place where the person is to be detained under the order.\n(sec.119-ssec.5) An authorised person may exercise powers under the order with the help, and using the force, that is reasonable in the circumstances.\n(sec.119-ssec.6) Without limiting section 123 , for enforcing the order the chief executive may detain the person and carry out the medical examination with the help, and using the force, that is reasonable in the circumstances.\n- (a) that the person be detained at a stated place;\n- (b) subject to subsection (2) , a period that is not more than 72 hours, for which a person may be detained;\n- (c) that the person be detained in isolation for part or all of the period of detention;\n- (d) if the person is not at the place where the person is to be detained, that the person be taken to and detained at the place;\n- (e) that the person undergo the medical examination stated in the order by a doctor nominated by the chief executive to ascertain whether the person has the controlled notifiable condition.\n- (a) to enter or re-enter any place the authorised person reasonably believes the person is; and\n- (b) to search the place to find the person; and\n- (c) to remain in the place for as long as the authorised person considers is reasonably necessary to find the person; and\n- (d) to take the person to the place where the person is to be detained under the order.","sortOrder":181},{"sectionNumber":"sec.120","sectionType":"section","heading":"Service of initial examination order","content":"### sec.120 Service of initial examination order\n\nAs soon as practicable after an initial examination order is made for a person, an authorised person must—\ngive the person the subject of the order a copy of the order; and\nexplain the terms and effect of the order to the person including the effect of section 121 ; and\ngive the person an opportunity to voluntarily accompany the authorised person to the place where the person the subject of the order is to be examined; and\ngive the person notice about the right of appeal against the order and how to appeal.\n- (a) give the person the subject of the order a copy of the order; and\n- (b) explain the terms and effect of the order to the person including the effect of section 121 ; and\n- (c) give the person an opportunity to voluntarily accompany the authorised person to the place where the person the subject of the order is to be examined; and\n- (d) give the person notice about the right of appeal against the order and how to appeal.","sortOrder":182},{"sectionNumber":"sec.121","sectionType":"section","heading":"Person must remain at place of detention and undergo medical examination","content":"### sec.121 Person must remain at place of detention and undergo medical examination\n\nA person detained under an initial examination order must remain at the place of detention for the period stated in the order and undergo the stated medical examination stated in the order unless the person is released under section 124 .\nMaximum penalty—400 penalty units.","sortOrder":183},{"sectionNumber":"sec.122","sectionType":"section","heading":"When period of detention starts","content":"### sec.122 When period of detention starts\n\nThe period of detention of a person under an initial examination order starts—\nif the person is at the place where the person is to be examined—from the time the person is detained at the place and given a copy of the order; or\nif the person is not at the place where the person is to be examined—from the time the person is detained at the place after being given a copy of the order.\n- (a) if the person is at the place where the person is to be examined—from the time the person is detained at the place and given a copy of the order; or\n- (b) if the person is not at the place where the person is to be examined—from the time the person is detained at the place after being given a copy of the order.","sortOrder":184},{"sectionNumber":"sec.123","sectionType":"section","heading":"Details of medical examination must be explained","content":"### sec.123 Details of medical examination must be explained\n\nThis section applies to a doctor undertaking the medical examination of a person under an initial examination order.\nThe doctor must, if practicable—\ngive an explanation to the person of the examination to be undertaken in a way likely to be readily understood by the person; and\nallow the person an opportunity to submit to the examination voluntarily.\nIf the person does not submit to the examination voluntarily, the doctor may undertake the examination with the help, and using the force, that is reasonable in the circumstances.\n(sec.123-ssec.1) This section applies to a doctor undertaking the medical examination of a person under an initial examination order.\n(sec.123-ssec.2) The doctor must, if practicable— give an explanation to the person of the examination to be undertaken in a way likely to be readily understood by the person; and allow the person an opportunity to submit to the examination voluntarily.\n(sec.123-ssec.3) If the person does not submit to the examination voluntarily, the doctor may undertake the examination with the help, and using the force, that is reasonable in the circumstances.\n- (a) give an explanation to the person of the examination to be undertaken in a way likely to be readily understood by the person; and\n- (b) allow the person an opportunity to submit to the examination voluntarily.","sortOrder":185},{"sectionNumber":"sec.124","sectionType":"section","heading":"When detained person must be released before the end of initial examination order","content":"### sec.124 When detained person must be released before the end of initial examination order\n\nThe chief executive must release a person detained under this division before the initial examination order ends if the chief executive is satisfied the reason for the order no longer exists.","sortOrder":186},{"sectionNumber":"ch.3-pt.5-div.3","sectionType":"division","heading":"Behavioural orders","content":"## Behavioural orders","sortOrder":187},{"sectionNumber":"sec.125","sectionType":"section","heading":"Making behavioural order","content":"### sec.125 Making behavioural order\n\nA magistrate may make a behavioural order for a person if the magistrate is satisfied—\nthe person has a controlled notifiable condition; and\neither of the following may constitute an immediate risk to public health—\nthe person’s condition;\nthe person’s condition and likely behaviour; and\nthe person needs to do, or not do, stated things to avoid the person’s condition, or the person’s condition and likely behaviour, constituting a risk to public health; and\nthe person has been counselled, or reasonable attempts have been made to counsel the person, about the condition and its possible effect on the person’s health and on public health.\nHowever, subsection (1) (d) does not apply if it is not practicable to counsel the person.\n(sec.125-ssec.1) A magistrate may make a behavioural order for a person if the magistrate is satisfied— the person has a controlled notifiable condition; and either of the following may constitute an immediate risk to public health— the person’s condition; the person’s condition and likely behaviour; and the person needs to do, or not do, stated things to avoid the person’s condition, or the person’s condition and likely behaviour, constituting a risk to public health; and the person has been counselled, or reasonable attempts have been made to counsel the person, about the condition and its possible effect on the person’s health and on public health.\n(sec.125-ssec.2) However, subsection (1) (d) does not apply if it is not practicable to counsel the person.\n- (a) the person has a controlled notifiable condition; and\n- (b) either of the following may constitute an immediate risk to public health— (i) the person’s condition; (ii) the person’s condition and likely behaviour; and\n- (i) the person’s condition;\n- (ii) the person’s condition and likely behaviour; and\n- (c) the person needs to do, or not do, stated things to avoid the person’s condition, or the person’s condition and likely behaviour, constituting a risk to public health; and\n- (d) the person has been counselled, or reasonable attempts have been made to counsel the person, about the condition and its possible effect on the person’s health and on public health.\n- (i) the person’s condition;\n- (ii) the person’s condition and likely behaviour; and","sortOrder":188},{"sectionNumber":"sec.126","sectionType":"section","heading":"What behavioural order may provide","content":"### sec.126 What behavioural order may provide\n\nA behavioural order for a person may provide that the person do any or all of the following for the period stated in the order—\nundergo counselling by a stated person or persons;\nrefrain from stated conduct;\nrefrain from visiting stated places;\nsubmit to supervision and monitoring by another person.\nFor subsection (1) (d) , the order may specify that the supervision and monitoring—\nbe by a particular person or a person nominated by the chief executive; and\nbe done in a stated way.\nAlso, the order may be made subject to the conditions the magistrate considers appropriate.\nAn authorised person may enforce the order with the help, and using the force, that is reasonable in the circumstances.\n(sec.126-ssec.1) A behavioural order for a person may provide that the person do any or all of the following for the period stated in the order— undergo counselling by a stated person or persons; refrain from stated conduct; refrain from visiting stated places; submit to supervision and monitoring by another person.\n(sec.126-ssec.2) For subsection (1) (d) , the order may specify that the supervision and monitoring— be by a particular person or a person nominated by the chief executive; and be done in a stated way.\n(sec.126-ssec.3) Also, the order may be made subject to the conditions the magistrate considers appropriate.\n(sec.126-ssec.4) An authorised person may enforce the order with the help, and using the force, that is reasonable in the circumstances.\n- (a) undergo counselling by a stated person or persons;\n- (b) refrain from stated conduct;\n- (c) refrain from visiting stated places;\n- (d) submit to supervision and monitoring by another person.\n- (a) be by a particular person or a person nominated by the chief executive; and\n- (b) be done in a stated way.","sortOrder":189},{"sectionNumber":"sec.127","sectionType":"section","heading":"Service of behavioural order","content":"### sec.127 Service of behavioural order\n\nAs soon as practicable after a behavioural order is made for a person, an authorised person must—\ngive a copy of the order to the person; and\nexplain the terms and effect of the order to the person including that is an offence not to comply with the order; and\ngive the person notice about the right of appeal against the order and how to appeal.\n- (a) give a copy of the order to the person; and\n- (b) explain the terms and effect of the order to the person including that is an offence not to comply with the order; and\n- (c) give the person notice about the right of appeal against the order and how to appeal.","sortOrder":190},{"sectionNumber":"sec.128","sectionType":"section","heading":"Person must comply with behavioural order","content":"### sec.128 Person must comply with behavioural order\n\nThis section applies if a behavioural order has been made for a person and the person has been given a copy of the order.\nThe person must comply with the order.\nMaximum penalty—400 penalty units.\n(sec.128-ssec.1) This section applies if a behavioural order has been made for a person and the person has been given a copy of the order.\n(sec.128-ssec.2) The person must comply with the order. Maximum penalty—400 penalty units.","sortOrder":191},{"sectionNumber":"ch.3-pt.5-div.4","sectionType":"division","heading":"Detention orders","content":"## Detention orders","sortOrder":192},{"sectionNumber":"sec.129","sectionType":"section","heading":"Making detention order","content":"### sec.129 Making detention order\n\nA magistrate may make a detention order for a person if the magistrate is satisfied—\nthe person has a controlled notifiable condition; and\neither of the following may constitute an immediate risk to public health—\nthe person’s condition;\nthe person’s condition and likely behaviour; and\nthe person needs to be detained at a stated place for a stated period to avoid the person’s condition, or the person’s condition and likely behaviour, constituting a risk to public health; and\nthe person has been counselled, or reasonable attempts have been made to counsel the person, about the condition and its possible effect on the person’s health and on public health.\nHowever, subsection (1) (d) does not apply if it is not practicable to counsel the person.\n(sec.129-ssec.1) A magistrate may make a detention order for a person if the magistrate is satisfied— the person has a controlled notifiable condition; and either of the following may constitute an immediate risk to public health— the person’s condition; the person’s condition and likely behaviour; and the person needs to be detained at a stated place for a stated period to avoid the person’s condition, or the person’s condition and likely behaviour, constituting a risk to public health; and the person has been counselled, or reasonable attempts have been made to counsel the person, about the condition and its possible effect on the person’s health and on public health.\n(sec.129-ssec.2) However, subsection (1) (d) does not apply if it is not practicable to counsel the person.\n- (a) the person has a controlled notifiable condition; and\n- (b) either of the following may constitute an immediate risk to public health— (i) the person’s condition; (ii) the person’s condition and likely behaviour; and\n- (i) the person’s condition;\n- (ii) the person’s condition and likely behaviour; and\n- (c) the person needs to be detained at a stated place for a stated period to avoid the person’s condition, or the person’s condition and likely behaviour, constituting a risk to public health; and\n- (d) the person has been counselled, or reasonable attempts have been made to counsel the person, about the condition and its possible effect on the person’s health and on public health.\n- (i) the person’s condition;\n- (ii) the person’s condition and likely behaviour; and","sortOrder":193},{"sectionNumber":"sec.130","sectionType":"section","heading":"What detention order may provide","content":"### sec.130 What detention order may provide\n\nA detention order for a person may provide for any or all of the following—\nthat the person be detained at a stated place for a stated period of not more than 28 days;\nthat the person be detained in isolation for part or all of the period of detention;\nif the person is not at the place where the person is to be detained, that the person be taken to and detained at the place;\nthat the person undergo the medical examination or treatment stated in the order by a doctor nominated by the chief executive.\nThe order may be made subject to the conditions the magistrate considers appropriate.\nThe order may authorise any authorised person, within a stated period—\nto enter or re-enter any place the authorised person reasonably believes the person is; and\nto search the place to find the person; and\nto remain in the place for as long as the authorised person considers is reasonably necessary to find the person; and\nto take the person to the place where the person is to be detained under the order.\nAn authorised person may exercise powers under the order with the help, and using the force, that is reasonable in the circumstances.\nWithout limiting section 133 , for enforcing the order the chief executive may detain the person and carry out the medical examination with the help, and using the force, that is reasonable in the circumstances.\n(sec.130-ssec.1) A detention order for a person may provide for any or all of the following— that the person be detained at a stated place for a stated period of not more than 28 days; that the person be detained in isolation for part or all of the period of detention; if the person is not at the place where the person is to be detained, that the person be taken to and detained at the place; that the person undergo the medical examination or treatment stated in the order by a doctor nominated by the chief executive.\n(sec.130-ssec.2) The order may be made subject to the conditions the magistrate considers appropriate.\n(sec.130-ssec.3) The order may authorise any authorised person, within a stated period— to enter or re-enter any place the authorised person reasonably believes the person is; and to search the place to find the person; and to remain in the place for as long as the authorised person considers is reasonably necessary to find the person; and to take the person to the place where the person is to be detained under the order.\n(sec.130-ssec.4) An authorised person may exercise powers under the order with the help, and using the force, that is reasonable in the circumstances.\n(sec.130-ssec.5) Without limiting section 133 , for enforcing the order the chief executive may detain the person and carry out the medical examination with the help, and using the force, that is reasonable in the circumstances.\n- (a) that the person be detained at a stated place for a stated period of not more than 28 days;\n- (b) that the person be detained in isolation for part or all of the period of detention;\n- (c) if the person is not at the place where the person is to be detained, that the person be taken to and detained at the place;\n- (d) that the person undergo the medical examination or treatment stated in the order by a doctor nominated by the chief executive.\n- (a) to enter or re-enter any place the authorised person reasonably believes the person is; and\n- (b) to search the place to find the person; and\n- (c) to remain in the place for as long as the authorised person considers is reasonably necessary to find the person; and\n- (d) to take the person to the place where the person is to be detained under the order.","sortOrder":194},{"sectionNumber":"sec.131","sectionType":"section","heading":"Service of detention order","content":"### sec.131 Service of detention order\n\nAs soon as practicable after a detention order is made for a person, an authorised person must—\ngive the person the subject of the order a copy of the order; and\nexplain the terms and effect of the order to the person including the effect of section 132 ; and\nif the person is not at the place where the person is to be detained, give the person an opportunity to voluntarily accompany the authorised person to the place; and\ngive the person notice about the right of appeal against the order and how to appeal.\n- (a) give the person the subject of the order a copy of the order; and\n- (b) explain the terms and effect of the order to the person including the effect of section 132 ; and\n- (c) if the person is not at the place where the person is to be detained, give the person an opportunity to voluntarily accompany the authorised person to the place; and\n- (d) give the person notice about the right of appeal against the order and how to appeal.","sortOrder":195},{"sectionNumber":"sec.132","sectionType":"section","heading":"Person must remain at place of detention and undergo medical examination or treatment","content":"### sec.132 Person must remain at place of detention and undergo medical examination or treatment\n\nA person detained under a detention order must remain at the place of detention for the period stated in the order and undergo the medical examination or treatment stated in the order.\nMaximum penalty—400 penalty units.","sortOrder":196},{"sectionNumber":"sec.133","sectionType":"section","heading":"Details of medical examination or treatment must be explained","content":"### sec.133 Details of medical examination or treatment must be explained\n\nThis section applies to a doctor undertaking a medical examination or treatment of a person under a detention order.\nThe doctor must, if practicable—\ngive an explanation to the person of the examination or treatment to be undertaken in a way likely to be readily understood by the person; and\nallow the person an opportunity to submit to the examination or treatment voluntarily.\nIf the person does not submit to the examination or treatment voluntarily, the doctor may undertake the examination or treatment with the help, and using the force, that is reasonable in the circumstances.\n(sec.133-ssec.1) This section applies to a doctor undertaking a medical examination or treatment of a person under a detention order.\n(sec.133-ssec.2) The doctor must, if practicable— give an explanation to the person of the examination or treatment to be undertaken in a way likely to be readily understood by the person; and allow the person an opportunity to submit to the examination or treatment voluntarily.\n(sec.133-ssec.3) If the person does not submit to the examination or treatment voluntarily, the doctor may undertake the examination or treatment with the help, and using the force, that is reasonable in the circumstances.\n- (a) give an explanation to the person of the examination or treatment to be undertaken in a way likely to be readily understood by the person; and\n- (b) allow the person an opportunity to submit to the examination or treatment voluntarily.","sortOrder":197},{"sectionNumber":"ch.3-pt.5-div.5","sectionType":"division","heading":"Extension, variation or revocation of controlled notifiable conditions orders","content":"## Extension, variation or revocation of controlled notifiable conditions orders","sortOrder":198},{"sectionNumber":"sec.134","sectionType":"section","heading":"Extension of behavioural or detention orders","content":"### sec.134 Extension of behavioural or detention orders\n\nThe chief executive may apply to a magistrate for an order to extend the period of a behavioural order or a detention order.\nThe application must be made before the order ends.\nA behavioural order may be extended once only and for the period decided by the magistrate.\nA detention order may be extended once only and for not more than 28 days.\nThis part applies, with all necessary changes, to the application as if it were an application for a behavioural order or a detention order.\n(sec.134-ssec.1) The chief executive may apply to a magistrate for an order to extend the period of a behavioural order or a detention order.\n(sec.134-ssec.2) The application must be made before the order ends.\n(sec.134-ssec.3) A behavioural order may be extended once only and for the period decided by the magistrate.\n(sec.134-ssec.4) A detention order may be extended once only and for not more than 28 days.\n(sec.134-ssec.5) This part applies, with all necessary changes, to the application as if it were an application for a behavioural order or a detention order.","sortOrder":199},{"sectionNumber":"sec.135","sectionType":"section","heading":"Variation and revocation of initial examination, behavioural or detention orders","content":"### sec.135 Variation and revocation of initial examination, behavioural or detention orders\n\nThe chief executive may apply to a magistrate for an order to vary or revoke an initial examination order, a behavioural order or a detention order.\nThis part applies, with all necessary changes, to the application as if it were an application for an initial examination order, a behavioural order or a detention order.\nWithout limiting the things to which the magistrate may have regard in deciding the application, the magistrate may have regard to a contravention of section 121 , 128 or 132 .\n(sec.135-ssec.1) The chief executive may apply to a magistrate for an order to vary or revoke an initial examination order, a behavioural order or a detention order.\n(sec.135-ssec.2) This part applies, with all necessary changes, to the application as if it were an application for an initial examination order, a behavioural order or a detention order.\n(sec.135-ssec.3) Without limiting the things to which the magistrate may have regard in deciding the application, the magistrate may have regard to a contravention of section 121 , 128 or 132 .","sortOrder":200},{"sectionNumber":"ch.3-pt.5-div.6","sectionType":"division","heading":"Warrants","content":"## Warrants","sortOrder":201},{"sectionNumber":"sec.136","sectionType":"section","heading":"Application for warrant for apprehension","content":"### sec.136 Application for warrant for apprehension\n\nThis section applies if a person who is subject to an initial examination order or a detention order—\nabsconds while being taken to the place where the person is to be detained under the order; or\nabsconds from the place where the person is being detained under the order; or\nabsconds from another place before being taken to the place where the person is to be detained under the order.\nAn authorised person may apply to a magistrate for a warrant for apprehension of the person.\nThe authorised person must prepare a written application that states the grounds on which the warrant is sought.\nThe written application must be sworn.\nThe magistrate may refuse to consider the application until the authorised person gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.\nThe magistrate may require additional information supporting the application be given by statutory declaration.\n(sec.136-ssec.1) This section applies if a person who is subject to an initial examination order or a detention order— absconds while being taken to the place where the person is to be detained under the order; or absconds from the place where the person is being detained under the order; or absconds from another place before being taken to the place where the person is to be detained under the order.\n(sec.136-ssec.2) An authorised person may apply to a magistrate for a warrant for apprehension of the person.\n(sec.136-ssec.3) The authorised person must prepare a written application that states the grounds on which the warrant is sought.\n(sec.136-ssec.4) The written application must be sworn.\n(sec.136-ssec.5) The magistrate may refuse to consider the application until the authorised person gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires. The magistrate may require additional information supporting the application be given by statutory declaration.\n- (a) absconds while being taken to the place where the person is to be detained under the order; or\n- (b) absconds from the place where the person is being detained under the order; or\n- (c) absconds from another place before being taken to the place where the person is to be detained under the order.","sortOrder":202},{"sectionNumber":"sec.137","sectionType":"section","heading":"Issue of warrant","content":"### sec.137 Issue of warrant\n\nThe magistrate may issue a warrant for the apprehension of the person who has absconded if the magistrate is satisfied the warrant is necessary to enable an authorised person to detain the person.\nThe warrant authorises any authorised person—\nto enter or re-enter any place the authorised person reasonably believes the person is; and\nto search the place to find the person; and\nto remain in the place for as long as the authorised person considers is reasonably necessary to find the person; and\nto take the person to the place where the person is to be detained under an initial examination order or a detention order.\nThe warrant must state the day when it ends.\nAn authorised person may exercise powers under the warrant with the help, and using the force, that is reasonable in the circumstances.\n(sec.137-ssec.1) The magistrate may issue a warrant for the apprehension of the person who has absconded if the magistrate is satisfied the warrant is necessary to enable an authorised person to detain the person.\n(sec.137-ssec.2) The warrant authorises any authorised person— to enter or re-enter any place the authorised person reasonably believes the person is; and to search the place to find the person; and to remain in the place for as long as the authorised person considers is reasonably necessary to find the person; and to take the person to the place where the person is to be detained under an initial examination order or a detention order.\n(sec.137-ssec.3) The warrant must state the day when it ends.\n(sec.137-ssec.4) An authorised person may exercise powers under the warrant with the help, and using the force, that is reasonable in the circumstances.\n- (a) to enter or re-enter any place the authorised person reasonably believes the person is; and\n- (b) to search the place to find the person; and\n- (c) to remain in the place for as long as the authorised person considers is reasonably necessary to find the person; and\n- (d) to take the person to the place where the person is to be detained under an initial examination order or a detention order.","sortOrder":203},{"sectionNumber":"sec.138","sectionType":"section","heading":"Application by electronic communication and duplicate warrant","content":"### sec.138 Application by electronic communication and duplicate warrant\n\nAn application under section 136 may be made by phone, fax, email, radio, videoconferencing or another form of electronic communication if the authorised person reasonably considers it necessary because of—\nurgent circumstances; or\nother special circumstances, including, for example, the authorised person’s remote location.\nThe application—\nmay not be made before the authorised person prepares the written application under section 136 (3) ; but\nmay be made before the written application is sworn.\nThe magistrate may issue the warrant (the original warrant ) only if the magistrate is satisfied—\nit was necessary to make the application under subsection (1) ; and\nthe way the application was made under subsection (1) was appropriate.\nAfter the magistrate issues the original warrant—\nif there is a reasonably practicable way of immediately giving a copy of the warrant to the authorised person, for example, by sending a copy by fax or email, the magistrate must immediately give a copy of the warrant to the authorised person; or\notherwise—\nthe magistrate must tell the authorised person the date and time the warrant is issued and the other terms of the warrant; and\nthe authorised person must complete a form of warrant, including by writing on it—\nthe magistrate’s name; and\nthe date and time the magistrate issued the warrant; and\nthe other terms of the warrant.\nThe copy of the warrant mentioned in subsection (4) (a) , or the form of warrant completed under subsection (4) (b) (in either case the duplicate warrant ), is a duplicate of, and as effectual as, the original warrant.\nThe authorised person must, at the first reasonable opportunity, send to the magistrate—\nthe written application complying with section 136 (3) and (4) ; and\nif the authorised person completed a form of warrant under subsection (4) (b) —the completed form of warrant.\nThe magistrate must keep the original warrant and, on receiving the documents under subsection (6) —\nattach the documents to the original warrant; and\ngive the original warrant and documents to the clerk of the court of the relevant magistrates court.\nDespite subsection (5) , if—\nan issue arises in a proceeding about whether an exercise of a power was authorised by a warrant issued under this section; and\nthe original warrant is not produced in evidence;\nthe onus of proof is on the person relying on the lawfulness of the exercise of the power to prove a warrant authorised the exercise of the power.\nIn this section—\nrelevant magistrates court , in relation to a magistrate, means the Magistrates Court that the magistrate constitutes under the Magistrates Act 1991 .\n(sec.138-ssec.1) An application under section 136 may be made by phone, fax, email, radio, videoconferencing or another form of electronic communication if the authorised person reasonably considers it necessary because of— urgent circumstances; or other special circumstances, including, for example, the authorised person’s remote location.\n(sec.138-ssec.2) The application— may not be made before the authorised person prepares the written application under section 136 (3) ; but may be made before the written application is sworn.\n(sec.138-ssec.3) The magistrate may issue the warrant (the original warrant ) only if the magistrate is satisfied— it was necessary to make the application under subsection (1) ; and the way the application was made under subsection (1) was appropriate.\n(sec.138-ssec.4) After the magistrate issues the original warrant— if there is a reasonably practicable way of immediately giving a copy of the warrant to the authorised person, for example, by sending a copy by fax or email, the magistrate must immediately give a copy of the warrant to the authorised person; or otherwise— the magistrate must tell the authorised person the date and time the warrant is issued and the other terms of the warrant; and the authorised person must complete a form of warrant, including by writing on it— the magistrate’s name; and the date and time the magistrate issued the warrant; and the other terms of the warrant.\n(sec.138-ssec.5) The copy of the warrant mentioned in subsection (4) (a) , or the form of warrant completed under subsection (4) (b) (in either case the duplicate warrant ), is a duplicate of, and as effectual as, the original warrant.\n(sec.138-ssec.6) The authorised person must, at the first reasonable opportunity, send to the magistrate— the written application complying with section 136 (3) and (4) ; and if the authorised person completed a form of warrant under subsection (4) (b) —the completed form of warrant.\n(sec.138-ssec.7) The magistrate must keep the original warrant and, on receiving the documents under subsection (6) — attach the documents to the original warrant; and give the original warrant and documents to the clerk of the court of the relevant magistrates court.\n(sec.138-ssec.8) Despite subsection (5) , if— an issue arises in a proceeding about whether an exercise of a power was authorised by a warrant issued under this section; and the original warrant is not produced in evidence; the onus of proof is on the person relying on the lawfulness of the exercise of the power to prove a warrant authorised the exercise of the power.\n(sec.138-ssec.9) In this section— relevant magistrates court , in relation to a magistrate, means the Magistrates Court that the magistrate constitutes under the Magistrates Act 1991 .\n- (a) urgent circumstances; or\n- (b) other special circumstances, including, for example, the authorised person’s remote location.\n- (a) may not be made before the authorised person prepares the written application under section 136 (3) ; but\n- (b) may be made before the written application is sworn.\n- (a) it was necessary to make the application under subsection (1) ; and\n- (b) the way the application was made under subsection (1) was appropriate.\n- (a) if there is a reasonably practicable way of immediately giving a copy of the warrant to the authorised person, for example, by sending a copy by fax or email, the magistrate must immediately give a copy of the warrant to the authorised person; or\n- (b) otherwise— (i) the magistrate must tell the authorised person the date and time the warrant is issued and the other terms of the warrant; and (ii) the authorised person must complete a form of warrant, including by writing on it— (A) the magistrate’s name; and (B) the date and time the magistrate issued the warrant; and (C) the other terms of the warrant.\n- (i) the magistrate must tell the authorised person the date and time the warrant is issued and the other terms of the warrant; and\n- (ii) the authorised person must complete a form of warrant, including by writing on it— (A) the magistrate’s name; and (B) the date and time the magistrate issued the warrant; and (C) the other terms of the warrant.\n- (A) the magistrate’s name; and\n- (B) the date and time the magistrate issued the warrant; and\n- (C) the other terms of the warrant.\n- (i) the magistrate must tell the authorised person the date and time the warrant is issued and the other terms of the warrant; and\n- (ii) the authorised person must complete a form of warrant, including by writing on it— (A) the magistrate’s name; and (B) the date and time the magistrate issued the warrant; and (C) the other terms of the warrant.\n- (A) the magistrate’s name; and\n- (B) the date and time the magistrate issued the warrant; and\n- (C) the other terms of the warrant.\n- (A) the magistrate’s name; and\n- (B) the date and time the magistrate issued the warrant; and\n- (C) the other terms of the warrant.\n- (a) the written application complying with section 136 (3) and (4) ; and\n- (b) if the authorised person completed a form of warrant under subsection (4) (b) —the completed form of warrant.\n- (a) attach the documents to the original warrant; and\n- (b) give the original warrant and documents to the clerk of the court of the relevant magistrates court.\n- (a) an issue arises in a proceeding about whether an exercise of a power was authorised by a warrant issued under this section; and\n- (b) the original warrant is not produced in evidence;","sortOrder":204},{"sectionNumber":"sec.139","sectionType":"section","heading":"Defect in relation to a warrant","content":"### sec.139 Defect in relation to a warrant\n\nA warrant is not invalidated by a defect in the warrant, or in compliance with section 136 , 137 or 138 , unless the defect affects the substance of the warrant in a material particular.\nIn this section—\nwarrant includes a duplicate warrant mentioned in section 138 (5) .\n(sec.139-ssec.1) A warrant is not invalidated by a defect in the warrant, or in compliance with section 136 , 137 or 138 , unless the defect affects the substance of the warrant in a material particular.\n(sec.139-ssec.2) In this section— warrant includes a duplicate warrant mentioned in section 138 (5) .","sortOrder":205},{"sectionNumber":"ch.3-pt.5-div.7","sectionType":"division","heading":"Procedure for entry under orders and warrants","content":"## Procedure for entry under orders and warrants","sortOrder":206},{"sectionNumber":"sec.140","sectionType":"section","heading":"Procedure before entry—orders","content":"### sec.140 Procedure before entry—orders\n\nThis section applies if an authorised person is intending to enter a place under an initial examination order or detention order.\nBefore entering the place, the authorised person must do or make a reasonable attempt to do the following things—\nidentify himself or herself to a person present at the place who is an occupier of the place by producing a copy of the authorised person’s identity card or other document evidencing the appointment;\ngive the person a copy of the order;\ntell the person the authorised person is permitted by the order to enter the place;\ngive the person an opportunity to allow the authorised person immediate entry to the place without using force.\nHowever, the authorised person need not comply with subsection (2) if the authorised person believes on reasonable grounds that immediate entry to the place is required to ensure the effective execution of the order is not frustrated.\n(sec.140-ssec.1) This section applies if an authorised person is intending to enter a place under an initial examination order or detention order.\n(sec.140-ssec.2) Before entering the place, the authorised person must do or make a reasonable attempt to do the following things— identify himself or herself to a person present at the place who is an occupier of the place by producing a copy of the authorised person’s identity card or other document evidencing the appointment; give the person a copy of the order; tell the person the authorised person is permitted by the order to enter the place; give the person an opportunity to allow the authorised person immediate entry to the place without using force.\n(sec.140-ssec.3) However, the authorised person need not comply with subsection (2) if the authorised person believes on reasonable grounds that immediate entry to the place is required to ensure the effective execution of the order is not frustrated.\n- (a) identify himself or herself to a person present at the place who is an occupier of the place by producing a copy of the authorised person’s identity card or other document evidencing the appointment;\n- (b) give the person a copy of the order;\n- (c) tell the person the authorised person is permitted by the order to enter the place;\n- (d) give the person an opportunity to allow the authorised person immediate entry to the place without using force.","sortOrder":207},{"sectionNumber":"sec.141","sectionType":"section","heading":"Procedure before entry—warrants","content":"### sec.141 Procedure before entry—warrants\n\nThis section applies if an authorised person is intending to enter a place under a warrant under this part.\nBefore entering the place, the authorised person must do or make a reasonable attempt to do the following things—\nidentify himself or herself to a person present at the place who is an occupier of the place by producing a copy of the authorised person’s identity card or other document evidencing the appointment;\ngive the person a copy of the warrant;\ntell the person the authorised person is permitted by the warrant to enter the place;\ngive the person an opportunity to allow the authorised person immediate entry to the place without using force.\nHowever, the authorised person need not comply with subsection (2) if the authorised person believes on reasonable grounds that immediate entry to the place is required to ensure the effective execution of the warrant is not frustrated.\nIn this section—\nwarrant includes a duplicate warrant mentioned in section 138 (5) .\n(sec.141-ssec.1) This section applies if an authorised person is intending to enter a place under a warrant under this part.\n(sec.141-ssec.2) Before entering the place, the authorised person must do or make a reasonable attempt to do the following things— identify himself or herself to a person present at the place who is an occupier of the place by producing a copy of the authorised person’s identity card or other document evidencing the appointment; give the person a copy of the warrant; tell the person the authorised person is permitted by the warrant to enter the place; give the person an opportunity to allow the authorised person immediate entry to the place without using force.\n(sec.141-ssec.3) However, the authorised person need not comply with subsection (2) if the authorised person believes on reasonable grounds that immediate entry to the place is required to ensure the effective execution of the warrant is not frustrated.\n(sec.141-ssec.4) In this section— warrant includes a duplicate warrant mentioned in section 138 (5) .\n- (a) identify himself or herself to a person present at the place who is an occupier of the place by producing a copy of the authorised person’s identity card or other document evidencing the appointment;\n- (b) give the person a copy of the warrant;\n- (c) tell the person the authorised person is permitted by the warrant to enter the place;\n- (d) give the person an opportunity to allow the authorised person immediate entry to the place without using force.","sortOrder":208},{"sectionNumber":"ch.3-pt.5-div.8","sectionType":"division","heading":"Appeals against magistrate’s decisions","content":"## Appeals against magistrate’s decisions","sortOrder":209},{"sectionNumber":"sec.142","sectionType":"section","heading":"Appeal against decision on application for controlled notifiable conditions order or extension of order","content":"### sec.142 Appeal against decision on application for controlled notifiable conditions order or extension of order\n\nThe following persons may appeal to the District Court against a decision on an application for a controlled notifiable conditions order or an extension or variation of the order—\nthe chief executive;\nthe person to whom the application relates.\n- (a) the chief executive;\n- (b) the person to whom the application relates.","sortOrder":210},{"sectionNumber":"ch.3-pt.5A","sectionType":"part","heading":null,"content":"","sortOrder":211},{"sectionNumber":"ch.3-pt.5A-div.1","sectionType":"division","heading":null,"content":"","sortOrder":212},{"sectionNumber":"sec.142A","sectionType":"section","heading":null,"content":"### Section sec.142A\n\ns 142A ins 2022 No. 25 s 9\nexp 31 October 2023 (see s 142S)","sortOrder":213},{"sectionNumber":"sec.142B","sectionType":"section","heading":null,"content":"### Section sec.142B\n\ns 142B ins 2022 No. 25 s 9\nexp 31 October 2023 (see s 142S)","sortOrder":214},{"sectionNumber":"sec.142C","sectionType":"section","heading":null,"content":"### Section sec.142C\n\ns 142C ins 2022 No. 25 s 9\nexp 31 October 2023 (see s 142S)","sortOrder":215},{"sectionNumber":"sec.142D","sectionType":"section","heading":null,"content":"### Section sec.142D\n\ns 142D ins 2022 No. 25 s 9\nexp 31 October 2023 (see s 142S)","sortOrder":216},{"sectionNumber":"ch.3-pt.5A-div.2","sectionType":"division","heading":null,"content":"","sortOrder":217},{"sectionNumber":"sec.142E","sectionType":"section","heading":null,"content":"### Section sec.142E\n\ns 142E ins 2022 No. 25 s 9\nexp 31 October 2023 (see s 142S)","sortOrder":218},{"sectionNumber":"sec.142F","sectionType":"section","heading":null,"content":"### Section sec.142F\n\ns 142F ins 2022 No. 25 s 9\nexp 31 October 2023 (see s 142S)","sortOrder":219},{"sectionNumber":"sec.142G","sectionType":"section","heading":null,"content":"### Section sec.142G\n\ns 142G ins 2022 No. 25 s 9\nexp 31 October 2023 (see s 142S)","sortOrder":220},{"sectionNumber":"sec.142H","sectionType":"section","heading":null,"content":"### Section sec.142H\n\ns 142H ins 2022 No. 25 s 9\nexp 31 October 2023 (see s 142S)","sortOrder":221},{"sectionNumber":"sec.142I","sectionType":"section","heading":null,"content":"### Section sec.142I\n\ns 142I ins 2022 No. 25 s 9\nexp 31 October 2023 (see s 142S)","sortOrder":222},{"sectionNumber":"sec.142J","sectionType":"section","heading":null,"content":"### Section sec.142J\n\ns 142J ins 2022 No. 25 s 9\nexp 31 October 2023 (see s 142S)","sortOrder":223},{"sectionNumber":"sec.142K","sectionType":"section","heading":null,"content":"### Section sec.142K\n\ns 142K ins 2022 No. 25 s 9\nexp 31 October 2023 (see s 142S)","sortOrder":224},{"sectionNumber":"sec.142L","sectionType":"section","heading":null,"content":"### Section sec.142L\n\ns 142L ins 2022 No. 25 s 9\nexp 31 October 2023 (see s 142S)","sortOrder":225},{"sectionNumber":"sec.142M","sectionType":"section","heading":null,"content":"### Section sec.142M\n\ns 142M ins 2022 No. 25 s 9\nexp 31 October 2023 (see s 142S)","sortOrder":226},{"sectionNumber":"ch.3-pt.5A-div.3","sectionType":"division","heading":null,"content":"","sortOrder":227},{"sectionNumber":"sec.142N","sectionType":"section","heading":null,"content":"### Section sec.142N\n\ns 142N ins 2022 No. 25 s 9\nexp 31 October 2023 (see s 142S)","sortOrder":228},{"sectionNumber":"sec.142O","sectionType":"section","heading":null,"content":"### Section sec.142O\n\ns 142O ins 2022 No. 25 s 9\nexp 31 October 2023 (see s 142S)","sortOrder":229},{"sectionNumber":"sec.142P","sectionType":"section","heading":null,"content":"### Section sec.142P\n\ns 142P ins 2022 No. 25 s 9\nexp 31 October 2023 (see s 142S)","sortOrder":230},{"sectionNumber":"sec.142Q","sectionType":"section","heading":null,"content":"### Section sec.142Q\n\ns 142Q ins 2022 No. 25 s 9\nexp 31 October 2023 (see s 142S)","sortOrder":231},{"sectionNumber":"ch.3-pt.5A-div.4","sectionType":"division","heading":null,"content":"","sortOrder":232},{"sectionNumber":"sec.142R","sectionType":"section","heading":null,"content":"### Section sec.142R\n\ns 142R ins 2022 No. 25 s 9\nexp 31 October 2023 (see s 142S)","sortOrder":233},{"sectionNumber":"ch.3-pt.5A-div.5","sectionType":"division","heading":null,"content":"","sortOrder":234},{"sectionNumber":"sec.142S","sectionType":"section","heading":null,"content":"### Section sec.142S\n\ns 142S ins 2022 No. 25 s 9\nexp 31 October 2023 (see s 142S)","sortOrder":235},{"sectionNumber":"ch.3-pt.6","sectionType":"part","heading":"Reckless spread of controlled notifiable conditions","content":"# Reckless spread of controlled notifiable conditions","sortOrder":236},{"sectionNumber":"sec.143","sectionType":"section","heading":"Person must not recklessly spread controlled notifiable condition","content":"### sec.143 Person must not recklessly spread controlled notifiable condition\n\nA person must not recklessly put someone else at risk of contracting a controlled notifiable condition.\nMaximum penalty—200 penalty units or 18 months imprisonment.\nA person must not recklessly transmit a controlled notifiable condition to someone else.\nMaximum penalty—400 penalty units or 2 years imprisonment.\nA person does not commit an offence against subsection (1) if, when the other person was put at risk of contracting the condition, the other person—\nknew the person had the condition; and\nvoluntarily accepted the risk of contracting the condition.\nA person does not commit an offence against subsection (2) if, when the condition was transmitted to the other person, the other person—\nknew the person had the condition; and\nvoluntarily accepted the risk of contracting the condition.\nA person does not commit an offence against subsection (1) or (2) by merely refusing, or failing, to be vaccinated against a condition for which there is a recognised and reasonably available vaccine.\nThe Criminal Code , section 317 provides for the crime of intentionally transmitting a serious disease to a person.\n(sec.143-ssec.1) A person must not recklessly put someone else at risk of contracting a controlled notifiable condition. Maximum penalty—200 penalty units or 18 months imprisonment.\n(sec.143-ssec.2) A person must not recklessly transmit a controlled notifiable condition to someone else. Maximum penalty—400 penalty units or 2 years imprisonment.\n(sec.143-ssec.3) A person does not commit an offence against subsection (1) if, when the other person was put at risk of contracting the condition, the other person— knew the person had the condition; and voluntarily accepted the risk of contracting the condition.\n(sec.143-ssec.4) A person does not commit an offence against subsection (2) if, when the condition was transmitted to the other person, the other person— knew the person had the condition; and voluntarily accepted the risk of contracting the condition.\n(sec.143-ssec.5) A person does not commit an offence against subsection (1) or (2) by merely refusing, or failing, to be vaccinated against a condition for which there is a recognised and reasonably available vaccine. The Criminal Code , section 317 provides for the crime of intentionally transmitting a serious disease to a person.\n- (a) knew the person had the condition; and\n- (b) voluntarily accepted the risk of contracting the condition.\n- (a) knew the person had the condition; and\n- (b) voluntarily accepted the risk of contracting the condition.","sortOrder":237},{"sectionNumber":"ch.3-pt.7","sectionType":"part","heading":"Proceedings","content":"# Proceedings","sortOrder":238},{"sectionNumber":"sec.144","sectionType":"section","heading":"How proceedings under this chapter heard","content":"### sec.144 How proceedings under this chapter heard\n\nA court hearing a proceeding under this chapter, including a proceeding for an offence, may by its order limit the extent to which its business is open to the public if the public interest or the interest of justice require it (the limitation power ) having regard to—\nthe subject matter of the proceeding; or\nthe nature of the evidence expected to be given.\nA person must not make or publish a report about a proceeding in relation to which the limitation power is exercised unless the report—\nis authorised by the court; or\nis made for the purpose of the proceeding or of a proceeding related to that proceeding; or\nis contained in or is made for the purpose of being contained in a recognised series of law reports; or\nis made for the chief executive.\nMaximum penalty—\nfor a first offence—200 penalty units or 6 months imprisonment; or\nfor a subsequent offence—400 penalty units or 12 months imprisonment.\nThis section does not limit the Supreme Court of Queensland Act 1991 , section 8 , the District Court of Queensland Act 1967 , section 126 or the Magistrates Courts Act 1921 , section 14A .\ns 144 amd 2011 No. 45 s 217 sch 1A\n(sec.144-ssec.1) A court hearing a proceeding under this chapter, including a proceeding for an offence, may by its order limit the extent to which its business is open to the public if the public interest or the interest of justice require it (the limitation power ) having regard to— the subject matter of the proceeding; or the nature of the evidence expected to be given.\n(sec.144-ssec.2) A person must not make or publish a report about a proceeding in relation to which the limitation power is exercised unless the report— is authorised by the court; or is made for the purpose of the proceeding or of a proceeding related to that proceeding; or is contained in or is made for the purpose of being contained in a recognised series of law reports; or is made for the chief executive. Maximum penalty— for a first offence—200 penalty units or 6 months imprisonment; or for a subsequent offence—400 penalty units or 12 months imprisonment.\n(sec.144-ssec.3) This section does not limit the Supreme Court of Queensland Act 1991 , section 8 , the District Court of Queensland Act 1967 , section 126 or the Magistrates Courts Act 1921 , section 14A .\n- (a) the subject matter of the proceeding; or\n- (b) the nature of the evidence expected to be given.\n- (a) is authorised by the court; or\n- (b) is made for the purpose of the proceeding or of a proceeding related to that proceeding; or\n- (c) is contained in or is made for the purpose of being contained in a recognised series of law reports; or\n- (d) is made for the chief executive.\n- (a) for a first offence—200 penalty units or 6 months imprisonment; or\n- (b) for a subsequent offence—400 penalty units or 12 months imprisonment.","sortOrder":239},{"sectionNumber":"ch.3-pt.8","sectionType":"part","heading":"Other matters about controlled notifiable conditions orders","content":"# Other matters about controlled notifiable conditions orders","sortOrder":240},{"sectionNumber":"sec.145","sectionType":"section","heading":"Person may give information necessary for authorised person’s safety","content":"### sec.145 Person may give information necessary for authorised person’s safety\n\nThis section applies if—\nunder a chief executive’s order, the person (the relevant person ) who is the subject of the order is to be taken to, or detained at, a public sector health service; or\nunder an initial examination order, the person (also the relevant person ) who is the subject of the order is to be taken to, or detained at, a stated place; or\nunder an behavioural order, the person (also the relevant person ) who is the subject of the order is to do or not do stated things for a stated period; or\nunder a detention order, the person (also the relevant person ) who is the subject of the order is to be taken to, or detained at, a stated place; or\na person (also the relevant person ) may be apprehended under a warrant issued under section 137 or 138 .\nTo protect the safety of the relevant person or the following persons a doctor, health service employee or person involved in the administration of this Act may give information about the relevant person to the following persons—\nan authorised person;\nthe relevant person;\nthe person in charge of public sector health service;\na person authorised by the person in charge of public sector health service.\nThis section applies despite any other provision of this Act or any provision of another law that deals with confidentiality, including, for example, the Hospital and Health Boards Act 2011 , section 142 .\ns 145 amd 2011 No. 32 s 332 sch 1 pt 2 (amd 2012 No. 9 s 47 )\n(sec.145-ssec.1) This section applies if— under a chief executive’s order, the person (the relevant person ) who is the subject of the order is to be taken to, or detained at, a public sector health service; or under an initial examination order, the person (also the relevant person ) who is the subject of the order is to be taken to, or detained at, a stated place; or under an behavioural order, the person (also the relevant person ) who is the subject of the order is to do or not do stated things for a stated period; or under a detention order, the person (also the relevant person ) who is the subject of the order is to be taken to, or detained at, a stated place; or a person (also the relevant person ) may be apprehended under a warrant issued under section 137 or 138 .\n(sec.145-ssec.2) To protect the safety of the relevant person or the following persons a doctor, health service employee or person involved in the administration of this Act may give information about the relevant person to the following persons— an authorised person; the relevant person; the person in charge of public sector health service; a person authorised by the person in charge of public sector health service.\n(sec.145-ssec.3) This section applies despite any other provision of this Act or any provision of another law that deals with confidentiality, including, for example, the Hospital and Health Boards Act 2011 , section 142 .\n- (a) under a chief executive’s order, the person (the relevant person ) who is the subject of the order is to be taken to, or detained at, a public sector health service; or\n- (b) under an initial examination order, the person (also the relevant person ) who is the subject of the order is to be taken to, or detained at, a stated place; or\n- (c) under an behavioural order, the person (also the relevant person ) who is the subject of the order is to do or not do stated things for a stated period; or\n- (d) under a detention order, the person (also the relevant person ) who is the subject of the order is to be taken to, or detained at, a stated place; or\n- (e) a person (also the relevant person ) may be apprehended under a warrant issued under section 137 or 138 .\n- (a) an authorised person;\n- (b) the relevant person;\n- (c) the person in charge of public sector health service;\n- (d) a person authorised by the person in charge of public sector health service.","sortOrder":241},{"sectionNumber":"sec.146","sectionType":"section","heading":"Obstructing persons exercising powers","content":"### sec.146 Obstructing persons exercising powers\n\nA person must not obstruct any of the following in the exercise of a power under this chapter, unless the person has a reasonable excuse—\nthe chief executive;\na doctor;\nan authorised person;\na person in charge of a public sector health service;\na person authorised by a person in charge of a public sector health service.\nMaximum penalty—100 penalty units.\nIf a person has obstructed a person mentioned in subsection (1) (a) to (e) (the enforcing person ) and the enforcing person decides to proceed with the exercise of the power, the enforcing person must warn the person that—\nit is an offence to obstruct the enforcing person, unless the person has a reasonable excuse; and\nthe enforcing person considers the person’s conduct is an obstruction.\n(sec.146-ssec.1) A person must not obstruct any of the following in the exercise of a power under this chapter, unless the person has a reasonable excuse— the chief executive; a doctor; an authorised person; a person in charge of a public sector health service; a person authorised by a person in charge of a public sector health service. Maximum penalty—100 penalty units.\n(sec.146-ssec.2) If a person has obstructed a person mentioned in subsection (1) (a) to (e) (the enforcing person ) and the enforcing person decides to proceed with the exercise of the power, the enforcing person must warn the person that— it is an offence to obstruct the enforcing person, unless the person has a reasonable excuse; and the enforcing person considers the person’s conduct is an obstruction.\n- (a) the chief executive;\n- (b) a doctor;\n- (c) an authorised person;\n- (d) a person in charge of a public sector health service;\n- (e) a person authorised by a person in charge of a public sector health service.\n- (a) it is an offence to obstruct the enforcing person, unless the person has a reasonable excuse; and\n- (b) the enforcing person considers the person’s conduct is an obstruction.","sortOrder":242},{"sectionNumber":"ch.4-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":243},{"sectionNumber":"sec.147","sectionType":"section","heading":"Definitions for ch 4","content":"### sec.147 Definitions for ch 4\n\nIn this chapter—\ncommencement means the commencement of this chapter.\ndeclared health service see section 148 .\nICMP see section 152 .\ninvasive procedure means a procedure involving the insertion of an instrument, appliance or other object into human tissue, organs, body cavities or body orifices.\nsubcutaneous and intramuscular injections, blood collection, dentistry, suturing of superficial wounds and examinations of the mouth\nmobile premises means premises that—\nare a vehicle or are otherwise ordinarily moved from place to place; and\nare used for the provision of a declared health service.\noperator , of a health care facility, means the person who has the day to day operation and control of the facility.\n- (a) are a vehicle or are otherwise ordinarily moved from place to place; and\n- (b) are used for the provision of a declared health service.","sortOrder":244},{"sectionNumber":"sec.148","sectionType":"section","heading":"Meaning of declared health service","content":"### sec.148 Meaning of declared health service\n\nA declared health service means a service provided to a person that—\nis intended to maintain, improve or restore the person’s health; and\ninvolves the performance of an invasive procedure or an activity that exposes the person or another person to blood or another bodily fluid.\nWithout limiting subsection (1) , a declared health service includes a declared health service provided to a person at the following—\na public sector hospital;\na medical practice;\na dental practice;\nan acupuncture clinic;\na midwifery service;\nan ambulance service;\na blood bank.\n(sec.148-ssec.1) A declared health service means a service provided to a person that— is intended to maintain, improve or restore the person’s health; and involves the performance of an invasive procedure or an activity that exposes the person or another person to blood or another bodily fluid.\n(sec.148-ssec.2) Without limiting subsection (1) , a declared health service includes a declared health service provided to a person at the following— a public sector hospital; a medical practice; a dental practice; an acupuncture clinic; a midwifery service; an ambulance service; a blood bank.\n- (a) is intended to maintain, improve or restore the person’s health; and\n- (b) involves the performance of an invasive procedure or an activity that exposes the person or another person to blood or another bodily fluid.\n- (a) a public sector hospital;\n- (b) a medical practice;\n- (c) a dental practice;\n- (d) an acupuncture clinic;\n- (e) a midwifery service;\n- (f) an ambulance service;\n- (g) a blood bank.","sortOrder":245},{"sectionNumber":"sec.149","sectionType":"section","heading":"Meaning of health care facility","content":"### sec.149 Meaning of health care facility\n\nA health care facility means a facility at which a declared health service is provided and includes—\nmobile premises associated with the facility; and\nother premises or places at which persons employed or otherwise engaged at the facility provide declared health services for the facility.\nan ambulance base and the ambulances that operate from the base\na home-based service provided by a public sector hospital\nan acupuncture clinic operating from an office or residential address that provides home visits\nA health care facility includes services supporting the facility.\na hospital laundry or cleaning service\ns 149 amd 2007 No. 54 s 56\n(sec.149-ssec.1) A health care facility means a facility at which a declared health service is provided and includes— mobile premises associated with the facility; and other premises or places at which persons employed or otherwise engaged at the facility provide declared health services for the facility. an ambulance base and the ambulances that operate from the base a home-based service provided by a public sector hospital an acupuncture clinic operating from an office or residential address that provides home visits\n(sec.149-ssec.2) A health care facility includes services supporting the facility. a hospital laundry or cleaning service\n- (a) mobile premises associated with the facility; and\n- (b) other premises or places at which persons employed or otherwise engaged at the facility provide declared health services for the facility.\n- 1 an ambulance base and the ambulances that operate from the base\n- 2 a home-based service provided by a public sector hospital\n- 3 an acupuncture clinic operating from an office or residential address that provides home visits","sortOrder":246},{"sectionNumber":"sec.150","sectionType":"section","heading":"Application of ch 4","content":"### sec.150 Application of ch 4\n\nThis chapter does not apply to—\na private health facility; or\nan area within a health care facility used for food services, including, for example, the preparation, handling and storage of food; or\nan aged care service conducted by an approved provider under the Aged Care Act 1997 (Cwlth) .\nIf this chapter conflicts with either of the following Acts, that Act prevails, but only to the extent of the conflict—\nthe Work Health and Safety Act 2011 ;\nthe Environmental Protection Act 1994 .\ns 150 amd 2011 No. 18 s 404 sch 4 pt 2 div 1\n(sec.150-ssec.1) This chapter does not apply to— a private health facility; or an area within a health care facility used for food services, including, for example, the preparation, handling and storage of food; or an aged care service conducted by an approved provider under the Aged Care Act 1997 (Cwlth) .\n(sec.150-ssec.2) If this chapter conflicts with either of the following Acts, that Act prevails, but only to the extent of the conflict— the Work Health and Safety Act 2011 ; the Environmental Protection Act 1994 .\n- (a) a private health facility; or\n- (b) an area within a health care facility used for food services, including, for example, the preparation, handling and storage of food; or\n- (c) an aged care service conducted by an approved provider under the Aged Care Act 1997 (Cwlth) .\n- (a) the Work Health and Safety Act 2011 ;\n- (b) the Environmental Protection Act 1994 .","sortOrder":247},{"sectionNumber":"ch.4-pt.2","sectionType":"part","heading":"General obligation to minimise infection risks for declared health services","content":"# General obligation to minimise infection risks for declared health services","sortOrder":248},{"sectionNumber":"sec.151","sectionType":"section","heading":"Obligation to minimise risk of infection","content":"### sec.151 Obligation to minimise risk of infection\n\nA person involved in the provision of a declared health service must take reasonable precautions and care to minimise the risk of infection to other persons.\na registered nurse collecting blood for a blood bank\nthe medical superintendent or director of nursing of a public sector hospital\nthe owner of a dental practice that employs dentists, on a permanent or casual basis\nthe owner of a business that operates a first aid room for its employees\nThe person complies with the ICMP for the health care facility at which the declared health service is provided and with any measures prescribed under section 461 (2) (a) about preventing and controlling the spread of infectious conditions in providing the declared health service\nMaximum penalty—1,000 penalty units.\ns 151 sub 2017 No. 16 s 5\n- 1 a registered nurse collecting blood for a blood bank\n- 2 the medical superintendent or director of nursing of a public sector hospital\n- 3 the owner of a dental practice that employs dentists, on a permanent or casual basis\n- 4 the owner of a business that operates a first aid room for its employees","sortOrder":249},{"sectionNumber":"ch.4-pt.3","sectionType":"part","heading":"Infection control management plans","content":"# Infection control management plans","sortOrder":250},{"sectionNumber":"sec.152","sectionType":"section","heading":"What is an infection control management plan","content":"### sec.152 What is an infection control management plan\n\nAn infection control management plan (an ICMP ), for a health care facility, is a documented plan to prevent or minimise the risk of infection, in relation to a declared health service, for—\npersons receiving services at the facility; and\npersons employed or engaged at the facility; and\nother persons at risk of infection at the facility.\n- (a) persons receiving services at the facility; and\n- (b) persons employed or engaged at the facility; and\n- (c) other persons at risk of infection at the facility.","sortOrder":251},{"sectionNumber":"sec.153","sectionType":"section","heading":"Obligation of owner for ICMP","content":"### sec.153 Obligation of owner for ICMP\n\nThis section applies if the owner and the operator of a health care facility are different persons.\nThe owner must ensure—\nthere is an ICMP for the health care facility that complies with section 155 (1) and includes the matters prescribed under section 155 (2) ; and\ndeclared health services provided at the health care facility are provided in compliance with the ICMP; and\nthe operator reviews the effectiveness and implementation of the ICMP at intervals of not more than 1 year.\nMaximum penalty—500 penalty units.\nSubsection (2) does not apply if the facility is a health care facility, or of a type of health care facility, prescribed under a regulation.\nHowever, a health care facility, or a type of health care facility, may be prescribed under subsection (3) only if the chief executive is satisfied the infection risks associated with the provision of a declared health service at the facility or a facility of that type can be prevented or minimised without an ICMP for the facility.\ns 153 amd 2007 No. 54 s 57 ; 2017 No. 16 s 6\n(sec.153-ssec.1) This section applies if the owner and the operator of a health care facility are different persons.\n(sec.153-ssec.2) The owner must ensure— there is an ICMP for the health care facility that complies with section 155 (1) and includes the matters prescribed under section 155 (2) ; and declared health services provided at the health care facility are provided in compliance with the ICMP; and the operator reviews the effectiveness and implementation of the ICMP at intervals of not more than 1 year. Maximum penalty—500 penalty units.\n(sec.153-ssec.3) Subsection (2) does not apply if the facility is a health care facility, or of a type of health care facility, prescribed under a regulation.\n(sec.153-ssec.4) However, a health care facility, or a type of health care facility, may be prescribed under subsection (3) only if the chief executive is satisfied the infection risks associated with the provision of a declared health service at the facility or a facility of that type can be prevented or minimised without an ICMP for the facility.\n- (a) there is an ICMP for the health care facility that complies with section 155 (1) and includes the matters prescribed under section 155 (2) ; and\n- (b) declared health services provided at the health care facility are provided in compliance with the ICMP; and\n- (c) the operator reviews the effectiveness and implementation of the ICMP at intervals of not more than 1 year.","sortOrder":252},{"sectionNumber":"sec.154","sectionType":"section","heading":"Obligation of owner/operator for ICMP","content":"### sec.154 Obligation of owner/operator for ICMP\n\nThis section applies if the owner and the operator of a health care facility are the same person.\nThe operator must—\nensure there is an ICMP for the health care facility that complies with section 155 (1) and includes the matters prescribed under section 155 (2) ; and\nensure declared health services provided at the health care facility are provided in compliance with the ICMP; and\nreview the effectiveness and implementation of the ICMP at intervals of not more than 1 year.\nMaximum penalty—500 penalty units.\nSubsection (2) does not apply if the facility is a health care facility, or of a type of health care facility, prescribed under a regulation.\nHowever, a health care facility, or a type of health care facility, may be prescribed under subsection (3) only if the chief executive is satisfied the infection risks associated with the provision of a declared health service at the facility or a facility of that type can be prevented or minimised without an ICMP for the facility.\ns 154 amd 2007 No. 54 s 58 ; 2017 No. 16 s 7\n(sec.154-ssec.1) This section applies if the owner and the operator of a health care facility are the same person.\n(sec.154-ssec.2) The operator must— ensure there is an ICMP for the health care facility that complies with section 155 (1) and includes the matters prescribed under section 155 (2) ; and ensure declared health services provided at the health care facility are provided in compliance with the ICMP; and review the effectiveness and implementation of the ICMP at intervals of not more than 1 year. Maximum penalty—500 penalty units.\n(sec.154-ssec.3) Subsection (2) does not apply if the facility is a health care facility, or of a type of health care facility, prescribed under a regulation.\n(sec.154-ssec.4) However, a health care facility, or a type of health care facility, may be prescribed under subsection (3) only if the chief executive is satisfied the infection risks associated with the provision of a declared health service at the facility or a facility of that type can be prevented or minimised without an ICMP for the facility.\n- (a) ensure there is an ICMP for the health care facility that complies with section 155 (1) and includes the matters prescribed under section 155 (2) ; and\n- (b) ensure declared health services provided at the health care facility are provided in compliance with the ICMP; and\n- (c) review the effectiveness and implementation of the ICMP at intervals of not more than 1 year.","sortOrder":253},{"sectionNumber":"sec.155","sectionType":"section","heading":"What an ICMP must contain","content":"### sec.155 What an ICMP must contain\n\nAn ICMP for a health care facility must state—\nthe infection risks associated with the provision of declared health services provided at the facility; and\nthe measures to be taken to prevent or minimise the infection risks for declared health services; and\nhow the operator is to monitor and review the implementation and effectiveness of the measures; and\ndetails about the provision of training in relation to the ICMP for persons employed or otherwise engaged at the facility; and\nhow often the ICMP is to be reviewed; and\nif a person other than the operator of the facility is also responsible for providing advice about, and monitoring the effectiveness of, the ICMP—the name of that person.\nA regulation may prescribe matters to be included in an ICMP, including the measures under subsection (1) (b) that are to be included in an ICMP.\nThe ICMP must be written in a way likely to be easily understood by persons employed or otherwise engaged at the facility.\nThe operator of the facility must—\nsign and date the ICMP; and\nsign and date the ICMP each time it is reviewed.\nThe operator must keep a copy of the ICMP at a place at the facility that is readily accessible to persons employed or otherwise engaged at the facility.\nMaximum penalty—100 penalty units.\nIf, after developing an ICMP for a health care facility, the operator of the facility intends to provide a declared health service not identified in the ICMP, the operator must, before providing the service, review and amend the ICMP to address the infection risks associated with the service.\ns 155 amd 2017 No. 16 s 8\n(sec.155-ssec.1) An ICMP for a health care facility must state— the infection risks associated with the provision of declared health services provided at the facility; and the measures to be taken to prevent or minimise the infection risks for declared health services; and how the operator is to monitor and review the implementation and effectiveness of the measures; and details about the provision of training in relation to the ICMP for persons employed or otherwise engaged at the facility; and how often the ICMP is to be reviewed; and if a person other than the operator of the facility is also responsible for providing advice about, and monitoring the effectiveness of, the ICMP—the name of that person.\n(sec.155-ssec.2) A regulation may prescribe matters to be included in an ICMP, including the measures under subsection (1) (b) that are to be included in an ICMP.\n(sec.155-ssec.3) The ICMP must be written in a way likely to be easily understood by persons employed or otherwise engaged at the facility.\n(sec.155-ssec.4) The operator of the facility must— sign and date the ICMP; and sign and date the ICMP each time it is reviewed.\n(sec.155-ssec.5) The operator must keep a copy of the ICMP at a place at the facility that is readily accessible to persons employed or otherwise engaged at the facility. Maximum penalty—100 penalty units.\n(sec.155-ssec.6) If, after developing an ICMP for a health care facility, the operator of the facility intends to provide a declared health service not identified in the ICMP, the operator must, before providing the service, review and amend the ICMP to address the infection risks associated with the service.\n- (a) the infection risks associated with the provision of declared health services provided at the facility; and\n- (b) the measures to be taken to prevent or minimise the infection risks for declared health services; and\n- (c) how the operator is to monitor and review the implementation and effectiveness of the measures; and\n- (d) details about the provision of training in relation to the ICMP for persons employed or otherwise engaged at the facility; and\n- (e) how often the ICMP is to be reviewed; and\n- (f) if a person other than the operator of the facility is also responsible for providing advice about, and monitoring the effectiveness of, the ICMP—the name of that person.\n- (a) sign and date the ICMP; and\n- (b) sign and date the ICMP each time it is reviewed.","sortOrder":254},{"sectionNumber":"sec.156","sectionType":"section","heading":"Time for developing and implementing an ICMP","content":"### sec.156 Time for developing and implementing an ICMP\n\nThe operator of a health care facility must develop and implement an ICMP—\nfor a health care facility operating at the commencement—within 6 months of the commencement; or\nfor a health care facility that starts operation after the commencement—before the facility provides a declared health service.\n- (a) for a health care facility operating at the commencement—within 6 months of the commencement; or\n- (b) for a health care facility that starts operation after the commencement—before the facility provides a declared health service.","sortOrder":255},{"sectionNumber":"sec.156A","sectionType":"section","heading":"Giving copy of ICMP and information to authorised person","content":"### sec.156A Giving copy of ICMP and information to authorised person\n\nAn authorised person appointed by the chief executive may, by notice given to the operator of a health care facility, require the operator to give the following to the authorised person by the day stated in the notice—\na copy of the ICMP for the health care facility;\nother stated information about procedures for preventing or minimising the risk of infection to persons at the health care facility.\nThe operator must comply with the notice, unless the operator has a reasonable excuse.\nMaximum penalty—200 penalty units.\ns 156A ins 2017 No. 16 s 9\n(sec.156A-ssec.1) An authorised person appointed by the chief executive may, by notice given to the operator of a health care facility, require the operator to give the following to the authorised person by the day stated in the notice— a copy of the ICMP for the health care facility; other stated information about procedures for preventing or minimising the risk of infection to persons at the health care facility.\n(sec.156A-ssec.2) The operator must comply with the notice, unless the operator has a reasonable excuse. Maximum penalty—200 penalty units.\n- (a) a copy of the ICMP for the health care facility;\n- (b) other stated information about procedures for preventing or minimising the risk of infection to persons at the health care facility.","sortOrder":256},{"sectionNumber":"sec.156B","sectionType":"section","heading":"Amending ICMP","content":"### sec.156B Amending ICMP\n\nThis section applies if an authorised person appointed by the chief executive is satisfied an ICMP for a health care facility requires amendment to comply with this part.\nThe authorised person may, by notice given to the operator of the health care facility, require the operator to amend the ICMP.\nThe notice must state the following—\nthat the operator must amend the ICMP;\nthe way the ICMP must be amended;\nthe day by which the ICMP must be amended;\nthe day by which the operator must give the authorised person a copy of the amended ICMP.\nThe operator must comply with the notice, unless the operator has a reasonable excuse.\nMaximum penalty—500 penalty units.\ns 156B ins 2017 No. 16 s 9\n(sec.156B-ssec.1) This section applies if an authorised person appointed by the chief executive is satisfied an ICMP for a health care facility requires amendment to comply with this part.\n(sec.156B-ssec.2) The authorised person may, by notice given to the operator of the health care facility, require the operator to amend the ICMP.\n(sec.156B-ssec.3) The notice must state the following— that the operator must amend the ICMP; the way the ICMP must be amended; the day by which the ICMP must be amended; the day by which the operator must give the authorised person a copy of the amended ICMP.\n(sec.156B-ssec.4) The operator must comply with the notice, unless the operator has a reasonable excuse. Maximum penalty—500 penalty units.\n- (a) that the operator must amend the ICMP;\n- (b) the way the ICMP must be amended;\n- (c) the day by which the ICMP must be amended;\n- (d) the day by which the operator must give the authorised person a copy of the amended ICMP.","sortOrder":257},{"sectionNumber":"ch.4-pt.3A","sectionType":"part","heading":"Improvement notices and directions notices","content":"# Improvement notices and directions notices","sortOrder":258},{"sectionNumber":"sec.156C","sectionType":"section","heading":"Improvement notice","content":"### sec.156C Improvement notice\n\nThis section applies if an authorised person appointed by the chief executive reasonably believes—\nthe operator or owner of a health care facility—\nis contravening a relevant provision; or\nhas contravened a relevant provision in circumstances that make it likely the contravention will continue or be repeated; and\na matter relating to the contravention is reasonably capable of being remedied; and\nit is appropriate to give the operator or owner an opportunity to remedy the matter.\nThe authorised person may give the operator or owner a notice (an improvement notice ) requiring the operator or owner to remedy the contravention or have the contravention remedied.\nThe improvement notice must state the following—\nthe relevant provision the authorised person believes is being, or has been, contravened;\nthat the authorised person reasonably believes the operator or owner—\nis contravening the relevant provision; or\nhas contravened the relevant provision in circumstances that make it likely the contravention will continue or be repeated;\nbriefly, how it is believed the relevant provision is being, or has been, contravened;\nthe period within which the operator or owner must remedy the contravention or have the contravention remedied;\nthat it is an offence to fail to comply with the improvement notice, unless the operator or owner has a reasonable excuse.\nThe period stated under subsection (3) (d) must be reasonable, having regard to the risk to public health posed by the contravention.\nThe improvement notice may also state the reasonable steps the authorised person considers necessary to remedy the contravention, or avoid further contravention, of the relevant provision.\nThe operator or owner must comply with the improvement notice, unless the operator or owner has a reasonable excuse.\nMaximum penalty—\nif the relevant provision the subject of the improvement notice is section 151 —1,000 penalty units; or\nif the relevant provision the subject of the improvement notice is section 153 (2) or 154 (2) —500 penalty units; or\nif the relevant provision the subject of the improvement notice is section 155 (5) —100 penalty units.\nAn operator or owner may be prosecuted for the contravention of a relevant provision without an authorised person first giving an improvement notice for the contravention.\nIn this section—\nrelevant provision means—\nin relation to the operator of a health care facility— section 151 , 154 (2) or 155 (5) ; or\nin relation to the owner of a health care facility who is not the operator of the facility— section 153 (2) .\ns 156C ins 2017 No. 16 s 10\n(sec.156C-ssec.1) This section applies if an authorised person appointed by the chief executive reasonably believes— the operator or owner of a health care facility— is contravening a relevant provision; or has contravened a relevant provision in circumstances that make it likely the contravention will continue or be repeated; and a matter relating to the contravention is reasonably capable of being remedied; and it is appropriate to give the operator or owner an opportunity to remedy the matter.\n(sec.156C-ssec.2) The authorised person may give the operator or owner a notice (an improvement notice ) requiring the operator or owner to remedy the contravention or have the contravention remedied.\n(sec.156C-ssec.3) The improvement notice must state the following— the relevant provision the authorised person believes is being, or has been, contravened; that the authorised person reasonably believes the operator or owner— is contravening the relevant provision; or has contravened the relevant provision in circumstances that make it likely the contravention will continue or be repeated; briefly, how it is believed the relevant provision is being, or has been, contravened; the period within which the operator or owner must remedy the contravention or have the contravention remedied; that it is an offence to fail to comply with the improvement notice, unless the operator or owner has a reasonable excuse.\n(sec.156C-ssec.4) The period stated under subsection (3) (d) must be reasonable, having regard to the risk to public health posed by the contravention.\n(sec.156C-ssec.5) The improvement notice may also state the reasonable steps the authorised person considers necessary to remedy the contravention, or avoid further contravention, of the relevant provision.\n(sec.156C-ssec.6) The operator or owner must comply with the improvement notice, unless the operator or owner has a reasonable excuse. Maximum penalty— if the relevant provision the subject of the improvement notice is section 151 —1,000 penalty units; or if the relevant provision the subject of the improvement notice is section 153 (2) or 154 (2) —500 penalty units; or if the relevant provision the subject of the improvement notice is section 155 (5) —100 penalty units.\n(sec.156C-ssec.7) An operator or owner may be prosecuted for the contravention of a relevant provision without an authorised person first giving an improvement notice for the contravention.\n(sec.156C-ssec.8) In this section— relevant provision means— in relation to the operator of a health care facility— section 151 , 154 (2) or 155 (5) ; or in relation to the owner of a health care facility who is not the operator of the facility— section 153 (2) .\n- (a) the operator or owner of a health care facility— (i) is contravening a relevant provision; or (ii) has contravened a relevant provision in circumstances that make it likely the contravention will continue or be repeated; and\n- (i) is contravening a relevant provision; or\n- (ii) has contravened a relevant provision in circumstances that make it likely the contravention will continue or be repeated; and\n- (b) a matter relating to the contravention is reasonably capable of being remedied; and\n- (c) it is appropriate to give the operator or owner an opportunity to remedy the matter.\n- (i) is contravening a relevant provision; or\n- (ii) has contravened a relevant provision in circumstances that make it likely the contravention will continue or be repeated; and\n- (a) the relevant provision the authorised person believes is being, or has been, contravened;\n- (b) that the authorised person reasonably believes the operator or owner— (i) is contravening the relevant provision; or (ii) has contravened the relevant provision in circumstances that make it likely the contravention will continue or be repeated;\n- (i) is contravening the relevant provision; or\n- (ii) has contravened the relevant provision in circumstances that make it likely the contravention will continue or be repeated;\n- (c) briefly, how it is believed the relevant provision is being, or has been, contravened;\n- (d) the period within which the operator or owner must remedy the contravention or have the contravention remedied;\n- (e) that it is an offence to fail to comply with the improvement notice, unless the operator or owner has a reasonable excuse.\n- (i) is contravening the relevant provision; or\n- (ii) has contravened the relevant provision in circumstances that make it likely the contravention will continue or be repeated;\n- (a) if the relevant provision the subject of the improvement notice is section 151 —1,000 penalty units; or\n- (b) if the relevant provision the subject of the improvement notice is section 153 (2) or 154 (2) —500 penalty units; or\n- (c) if the relevant provision the subject of the improvement notice is section 155 (5) —100 penalty units.\n- (a) in relation to the operator of a health care facility— section 151 , 154 (2) or 155 (5) ; or\n- (b) in relation to the owner of a health care facility who is not the operator of the facility— section 153 (2) .","sortOrder":259},{"sectionNumber":"sec.156D","sectionType":"section","heading":"Record of compliance with improvement notice","content":"### sec.156D Record of compliance with improvement notice\n\nIf the operator or owner of a health care facility who is given an improvement notice by an authorised person under this part reasonably believes the operator or owner has complied with the notice, the operator or owner may inform the authorised person of the belief.\nIf the authorised person is satisfied the operator or owner has complied with the improvement notice, the authorised person must—\nrecord the date of the compliance on a copy of the notice; and\nif asked, give a copy of the dated notice to the operator or owner.\ns 156D ins 2017 No. 16 s 10\n(sec.156D-ssec.1) If the operator or owner of a health care facility who is given an improvement notice by an authorised person under this part reasonably believes the operator or owner has complied with the notice, the operator or owner may inform the authorised person of the belief.\n(sec.156D-ssec.2) If the authorised person is satisfied the operator or owner has complied with the improvement notice, the authorised person must— record the date of the compliance on a copy of the notice; and if asked, give a copy of the dated notice to the operator or owner.\n- (a) record the date of the compliance on a copy of the notice; and\n- (b) if asked, give a copy of the dated notice to the operator or owner.","sortOrder":260},{"sectionNumber":"sec.156E","sectionType":"section","heading":"Directions notice","content":"### sec.156E Directions notice\n\nThis section applies if the chief executive reasonably believes—\nthe operator of a health care facility—\nis contravening section 151 ; or\nhas contravened section 151 in circumstances that make it likely the contravention will continue or be repeated; and\nthere is a serious risk of harm to a person’s health because of the contravention or likely contravention.\nThe chief executive may give the operator a notice (a directions notice ) directing the operator to stop providing a stated declared health service at the health care facility for a stated period of not more than 30 days.\nThe directions notice must also state the following—\nthat the chief executive reasonably believes the operator—\nis contravening section 151 ; or\nhas contravened section 151 in circumstances that make it likely the contravention will continue or be repeated;\nbriefly, how it is believed section 151 is being, or has been, contravened;\nthe period within which the operator must remedy the contravention or have the contravention remedied;\nthe serious risk of harm caused by the contravention or likely contravention;\nthat it is an offence to fail to comply with the notice, unless the operator has a reasonable excuse.\nThe directions notice may also state the reasonable steps the chief executive considers necessary to remedy the contravention, or avoid further contravention, of section 151 .\nThe directions notice takes effect when it is given to the operator of the health care facility.\ns 156E ins 2017 No. 16 s 10\n(sec.156E-ssec.1) This section applies if the chief executive reasonably believes— the operator of a health care facility— is contravening section 151 ; or has contravened section 151 in circumstances that make it likely the contravention will continue or be repeated; and there is a serious risk of harm to a person’s health because of the contravention or likely contravention.\n(sec.156E-ssec.2) The chief executive may give the operator a notice (a directions notice ) directing the operator to stop providing a stated declared health service at the health care facility for a stated period of not more than 30 days.\n(sec.156E-ssec.3) The directions notice must also state the following— that the chief executive reasonably believes the operator— is contravening section 151 ; or has contravened section 151 in circumstances that make it likely the contravention will continue or be repeated; briefly, how it is believed section 151 is being, or has been, contravened; the period within which the operator must remedy the contravention or have the contravention remedied; the serious risk of harm caused by the contravention or likely contravention; that it is an offence to fail to comply with the notice, unless the operator has a reasonable excuse.\n(sec.156E-ssec.4) The directions notice may also state the reasonable steps the chief executive considers necessary to remedy the contravention, or avoid further contravention, of section 151 .\n(sec.156E-ssec.5) The directions notice takes effect when it is given to the operator of the health care facility.\n- (a) the operator of a health care facility— (i) is contravening section 151 ; or (ii) has contravened section 151 in circumstances that make it likely the contravention will continue or be repeated; and\n- (i) is contravening section 151 ; or\n- (ii) has contravened section 151 in circumstances that make it likely the contravention will continue or be repeated; and\n- (b) there is a serious risk of harm to a person’s health because of the contravention or likely contravention.\n- (i) is contravening section 151 ; or\n- (ii) has contravened section 151 in circumstances that make it likely the contravention will continue or be repeated; and\n- (a) that the chief executive reasonably believes the operator— (i) is contravening section 151 ; or (ii) has contravened section 151 in circumstances that make it likely the contravention will continue or be repeated;\n- (i) is contravening section 151 ; or\n- (ii) has contravened section 151 in circumstances that make it likely the contravention will continue or be repeated;\n- (b) briefly, how it is believed section 151 is being, or has been, contravened;\n- (c) the period within which the operator must remedy the contravention or have the contravention remedied;\n- (d) the serious risk of harm caused by the contravention or likely contravention;\n- (e) that it is an offence to fail to comply with the notice, unless the operator has a reasonable excuse.\n- (i) is contravening section 151 ; or\n- (ii) has contravened section 151 in circumstances that make it likely the contravention will continue or be repeated;","sortOrder":261},{"sectionNumber":"sec.156F","sectionType":"section","heading":"Chief executive may extend directions notice","content":"### sec.156F Chief executive may extend directions notice\n\nThis section applies if, before the end of the period stated under section 156E (2) for a directions notice, the chief executive still believes the matters mentioned in section 156E (1) for the directions notice.\nThe chief executive may, by notice given to the operator, extend the period during which the operator must not provide the stated declared health service by not more than 30 days.\ns 156F ins 2017 No. 16 s 10\n(sec.156F-ssec.1) This section applies if, before the end of the period stated under section 156E (2) for a directions notice, the chief executive still believes the matters mentioned in section 156E (1) for the directions notice.\n(sec.156F-ssec.2) The chief executive may, by notice given to the operator, extend the period during which the operator must not provide the stated declared health service by not more than 30 days.","sortOrder":262},{"sectionNumber":"sec.156G","sectionType":"section","heading":"Court order may extend directions notice","content":"### sec.156G Court order may extend directions notice\n\nThis section applies if the chief executive has given a directions notice to the operator of a health care facility.\nThe chief executive may apply to a magistrate for an order to extend the period during which the operator must not provide the stated declared health service.\nThe application must be made before the end of—\nthe period stated under section 156E (2) for the directions notice; or\nif the period is extended under section 156F (2) —the extended period.\nIf the magistrate has not decided the application before the end of the period in which the application must be made, the directions notice continues in effect until the magistrate decides the application.\nThe magistrate may refuse to consider the application until the chief executive gives the magistrate all the information the magistrate requires to make the order.\nThe magistrate may make an order to extend the period mentioned in subsection (2) for a further stated period if the magistrate is satisfied—\nthe operator—\nis contravening section 151 ; or\nhas contravened section 151 in circumstances that make it likely the contravention will continue or be repeated; and\nthere is a serious risk of harm to a person’s health because of the contravention or likely contravention.\ns 156G ins 2017 No. 16 s 10\n(sec.156G-ssec.1) This section applies if the chief executive has given a directions notice to the operator of a health care facility.\n(sec.156G-ssec.2) The chief executive may apply to a magistrate for an order to extend the period during which the operator must not provide the stated declared health service.\n(sec.156G-ssec.3) The application must be made before the end of— the period stated under section 156E (2) for the directions notice; or if the period is extended under section 156F (2) —the extended period.\n(sec.156G-ssec.4) If the magistrate has not decided the application before the end of the period in which the application must be made, the directions notice continues in effect until the magistrate decides the application.\n(sec.156G-ssec.5) The magistrate may refuse to consider the application until the chief executive gives the magistrate all the information the magistrate requires to make the order.\n(sec.156G-ssec.6) The magistrate may make an order to extend the period mentioned in subsection (2) for a further stated period if the magistrate is satisfied— the operator— is contravening section 151 ; or has contravened section 151 in circumstances that make it likely the contravention will continue or be repeated; and there is a serious risk of harm to a person’s health because of the contravention or likely contravention.\n- (a) the period stated under section 156E (2) for the directions notice; or\n- (b) if the period is extended under section 156F (2) —the extended period.\n- (a) the operator— (i) is contravening section 151 ; or (ii) has contravened section 151 in circumstances that make it likely the contravention will continue or be repeated; and\n- (i) is contravening section 151 ; or\n- (ii) has contravened section 151 in circumstances that make it likely the contravention will continue or be repeated; and\n- (b) there is a serious risk of harm to a person’s health because of the contravention or likely contravention.\n- (i) is contravening section 151 ; or\n- (ii) has contravened section 151 in circumstances that make it likely the contravention will continue or be repeated; and","sortOrder":263},{"sectionNumber":"sec.156H","sectionType":"section","heading":"Offence to fail to comply with a directions notice","content":"### sec.156H Offence to fail to comply with a directions notice\n\nThe operator of a health care facility must comply with a directions notice given to the operator, unless the operator has a reasonable excuse.\nMaximum penalty—3,000 penalty units.\ns 156H ins 2017 No. 16 s 10","sortOrder":264},{"sectionNumber":"sec.156I","sectionType":"section","heading":"Record of compliance with directions notice","content":"### sec.156I Record of compliance with directions notice\n\nIf the operator of a health care facility who is given a directions notice under this part reasonably believes the operator has complied with the notice, the operator may inform the chief executive of the belief.\nIf the chief executive is satisfied the operator has complied with the directions notice, the chief executive must—\nrecord the date of the compliance on a copy of the notice; and\nif asked, give a copy of the dated notice to the operator.\nThe directions notice stops having effect on the date of compliance.\ns 156I ins 2017 No. 16 s 10\n(sec.156I-ssec.1) If the operator of a health care facility who is given a directions notice under this part reasonably believes the operator has complied with the notice, the operator may inform the chief executive of the belief.\n(sec.156I-ssec.2) If the chief executive is satisfied the operator has complied with the directions notice, the chief executive must— record the date of the compliance on a copy of the notice; and if asked, give a copy of the dated notice to the operator.\n(sec.156I-ssec.3) The directions notice stops having effect on the date of compliance.\n- (a) record the date of the compliance on a copy of the notice; and\n- (b) if asked, give a copy of the dated notice to the operator.","sortOrder":265},{"sectionNumber":"ch.4-pt.4","sectionType":"part","heading":"Reporting contraventions of chapter 4 to other entities","content":"# Reporting contraventions of chapter 4 to other entities","sortOrder":266},{"sectionNumber":"sec.157","sectionType":"section","heading":"Chief executive may report contraventions","content":"### sec.157 Chief executive may report contraventions\n\nIf the chief executive considers a person has contravened this chapter, the chief executive may report the alleged contravention to a relevant entity.\nIn this section—\nrelevant entity means—\nthe health ombudsman; or\na board established under the Health Practitioner Regulation National Law; or\nanother entity that has the power under an Act of the State, the Commonwealth or another State to deal with the matter.\ns 157 amd 2006 No. 25 s 241 (1) sch 3 ; 2010 No. 14 s 124 sch ; 2013 No. 36 s 331 sch 1\n(sec.157-ssec.1) If the chief executive considers a person has contravened this chapter, the chief executive may report the alleged contravention to a relevant entity.\n(sec.157-ssec.2) In this section— relevant entity means— the health ombudsman; or a board established under the Health Practitioner Regulation National Law; or another entity that has the power under an Act of the State, the Commonwealth or another State to deal with the matter.\n- (a) the health ombudsman; or\n- (c) a board established under the Health Practitioner Regulation National Law; or\n- (d) another entity that has the power under an Act of the State, the Commonwealth or another State to deal with the matter.","sortOrder":267},{"sectionNumber":"ch.4A-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":268},{"sectionNumber":"sec.157A","sectionType":"section","heading":"Definitions for ch 4A","content":"### sec.157A Definitions for ch 4A\n\nIn this chapter—\nadministrator ...\ns 157A def administrator om 2017 No. 3 s 52 (1)\nambulance officer see the Ambulance Service Act 1991 , schedule.\nauthorised mental health practitioner ...\ns 157A def authorised mental health practitioner om 2017 No. 3 s 52 (1)\nauthorised mental health service ...\ns 157A def authorised mental health service om 2017 No. 3 s 52 (1)\nauthorised person means—\na police officer; or\nan appropriately qualified health service employee appointed as an authorised person by the person in charge of a public sector health service facility; or\nan ambulance officer; or\na security officer.\ns 157A def authorised person amd 2017 No. 3 s 52 (2) – (4)\nemergency examination authority see section 157D (1) .\nexamination period see section 157E (1) .\nhealth practitioner means a person registered under the Health Practitioner Regulation National Law, or another person who provides health services, including, for example, a social worker.\npublic sector health service facility see the Hospital and Health Boards Act 2011 , schedule 2 .\nsecurity officer means a person employed or engaged by a public sector health service facility to provide security services, regardless of how the person’s employment or engagement is described.\ns 157A def security officer amd 2017 No. 3 s 52 (5)\ntreatment or care place means a public sector health service facility or another place, other than a watch house, where a person may receive treatment and care appropriate to the person’s needs.\nthe person’s home\ns 157A def treatment or care place amd 2017 No. 3 s 52 (6)\ns 157A ins 2016 No. 5 s 921\n- (a) a police officer; or\n- (b) an appropriately qualified health service employee appointed as an authorised person by the person in charge of a public sector health service facility; or\n- (c) an ambulance officer; or\n- (d) a security officer.","sortOrder":269},{"sectionNumber":"ch.4A-pt.2","sectionType":"part","heading":"Taking persons to treatment or care place","content":"# Taking persons to treatment or care place","sortOrder":270},{"sectionNumber":"sec.157B","sectionType":"section","heading":"Ambulance officer or police officer may detain and transport person","content":"### sec.157B Ambulance officer or police officer may detain and transport person\n\nThis section applies if an ambulance officer or police officer believes—\na person’s behaviour, including, for example, the way in which the person is communicating, indicates the person is at immediate risk of serious harm; and\na person is threatening to commit suicide\nthe risk appears to be the result of a major disturbance in the person’s mental capacity, whether caused by illness, disability, injury, intoxication or another reason; and\nthe person appears to require urgent examination, or treatment and care, for the disturbance.\nFor the Police Powers and Responsibilities Act 2000 , section 609 (1) (a) (i) , the police officer may consider advice received from a health practitioner about the person in forming a view as to whether there is an imminent risk of injury to a person.\nThe ambulance officer or police officer may detain the person and transport the person to a treatment or care place.\nIf the treatment or care place is a public sector health service facility that is not an inpatient hospital, the person may only be transported to the facility with the approval of the person in charge of the facility.\nIf the person is detained and transported to a treatment or care place, other than a public sector health service facility, the person can not be detained at the place unless an Act otherwise requires.\nSee section 157E for detention in a treatment or care place that is a public sector health service facility.\nIn this section—\ninpatient hospital means a hospital where a person may be discharged on a day other than the day on which the person was admitted to the hospital.\ns 157B ins 2016 No. 5 s 921 (amd 2017 No. 3 s 52 (7) – (8) )\n(sec.157B-ssec.1) This section applies if an ambulance officer or police officer believes— a person’s behaviour, including, for example, the way in which the person is communicating, indicates the person is at immediate risk of serious harm; and a person is threatening to commit suicide the risk appears to be the result of a major disturbance in the person’s mental capacity, whether caused by illness, disability, injury, intoxication or another reason; and the person appears to require urgent examination, or treatment and care, for the disturbance.\n(sec.157B-ssec.2) For the Police Powers and Responsibilities Act 2000 , section 609 (1) (a) (i) , the police officer may consider advice received from a health practitioner about the person in forming a view as to whether there is an imminent risk of injury to a person.\n(sec.157B-ssec.3) The ambulance officer or police officer may detain the person and transport the person to a treatment or care place.\n(sec.157B-ssec.4) If the treatment or care place is a public sector health service facility that is not an inpatient hospital, the person may only be transported to the facility with the approval of the person in charge of the facility.\n(sec.157B-ssec.5) If the person is detained and transported to a treatment or care place, other than a public sector health service facility, the person can not be detained at the place unless an Act otherwise requires. See section 157E for detention in a treatment or care place that is a public sector health service facility.\n(sec.157B-ssec.6) In this section— inpatient hospital means a hospital where a person may be discharged on a day other than the day on which the person was admitted to the hospital.\n- (a) a person’s behaviour, including, for example, the way in which the person is communicating, indicates the person is at immediate risk of serious harm; and Example— a person is threatening to commit suicide\n- (b) the risk appears to be the result of a major disturbance in the person’s mental capacity, whether caused by illness, disability, injury, intoxication or another reason; and\n- (c) the person appears to require urgent examination, or treatment and care, for the disturbance.","sortOrder":271},{"sectionNumber":"sec.157C","sectionType":"section","heading":"What ambulance officer or police officer must tell person","content":"### sec.157C What ambulance officer or police officer must tell person\n\nThe ambulance officer or police officer must—\ntell the person that the officer is detaining the person and transporting the person to a treatment or care place; and\nexplain to the person how taking action under paragraph (a) may affect the person.\nThe ambulance officer or police officer must take reasonable steps to ensure the person understands the information given under subsection (1) , including by telling the person or explaining the thing to the person—\nin an appropriate way having regard to the person’s age, culture, mental impairment or illness, communication ability and any disability; and\nin a way, including, for example, in a language, the person is most likely to understand.\ns 157C ins 2016 No. 5 s 921\n(sec.157C-ssec.1) The ambulance officer or police officer must— tell the person that the officer is detaining the person and transporting the person to a treatment or care place; and explain to the person how taking action under paragraph (a) may affect the person.\n(sec.157C-ssec.2) The ambulance officer or police officer must take reasonable steps to ensure the person understands the information given under subsection (1) , including by telling the person or explaining the thing to the person— in an appropriate way having regard to the person’s age, culture, mental impairment or illness, communication ability and any disability; and in a way, including, for example, in a language, the person is most likely to understand.\n- (a) tell the person that the officer is detaining the person and transporting the person to a treatment or care place; and\n- (b) explain to the person how taking action under paragraph (a) may affect the person.\n- (a) in an appropriate way having regard to the person’s age, culture, mental impairment or illness, communication ability and any disability; and\n- (b) in a way, including, for example, in a language, the person is most likely to understand.","sortOrder":272},{"sectionNumber":"sec.157D","sectionType":"section","heading":"Giving emergency examination authority","content":"### sec.157D Giving emergency examination authority\n\nIf the ambulance officer or police officer takes the person to a treatment or care place that is a public sector health service facility, the officer must immediately make an authority (an emergency examination authority ) for the person.\nThe authority must—\nbe in the approved form; and\nstate the time when it is given.\nThe person may be detained in the treatment or care place while the authority is being made.\nImmediately after making the authority, the ambulance officer or police officer must give the authority to a health service employee at the treatment or care place.\ns 157D ins 2016 No. 5 s 921 (amd 2017 No. 3 s 52 (9) )\n(sec.157D-ssec.1) If the ambulance officer or police officer takes the person to a treatment or care place that is a public sector health service facility, the officer must immediately make an authority (an emergency examination authority ) for the person.\n(sec.157D-ssec.2) The authority must— be in the approved form; and state the time when it is given.\n(sec.157D-ssec.3) The person may be detained in the treatment or care place while the authority is being made.\n(sec.157D-ssec.4) Immediately after making the authority, the ambulance officer or police officer must give the authority to a health service employee at the treatment or care place.\n- (a) be in the approved form; and\n- (b) state the time when it is given.","sortOrder":273},{"sectionNumber":"sec.157E","sectionType":"section","heading":"Detention in treatment or care place","content":"### sec.157E Detention in treatment or care place\n\nA person subject to an emergency examination authority may be detained in a treatment or care place that is a public sector health service facility for a period (the examination period ) of not more than 6 hours starting when the authority is given to the health service employee under section 157D (4) .\nA doctor or health practitioner must explain the effect of the authority to the person.\nThe doctor or health practitioner must take reasonable steps to ensure the person understands the information given under subsection (2) , including by telling the person or explaining the information to the person—\nin an appropriate way having regard to the person’s age, culture, mental impairment or illness, communication ability and any disability; and\nin a way, including, for example, in a language, the person is most likely to understand.\nAlso, a doctor or health practitioner may extend or further extend the examination period to not more than 12 hours after it starts if the doctor or health practitioner believes the extension is necessary to carry out or finish an examination of the person under section 157F .\ns 157E ins 2016 No. 5 s 921 (amd 2017 No. 3 s 52 (10) – (11) )\n(sec.157E-ssec.1) A person subject to an emergency examination authority may be detained in a treatment or care place that is a public sector health service facility for a period (the examination period ) of not more than 6 hours starting when the authority is given to the health service employee under section 157D (4) .\n(sec.157E-ssec.2) A doctor or health practitioner must explain the effect of the authority to the person.\n(sec.157E-ssec.3) The doctor or health practitioner must take reasonable steps to ensure the person understands the information given under subsection (2) , including by telling the person or explaining the information to the person— in an appropriate way having regard to the person’s age, culture, mental impairment or illness, communication ability and any disability; and in a way, including, for example, in a language, the person is most likely to understand.\n(sec.157E-ssec.4) Also, a doctor or health practitioner may extend or further extend the examination period to not more than 12 hours after it starts if the doctor or health practitioner believes the extension is necessary to carry out or finish an examination of the person under section 157F .\n- (a) in an appropriate way having regard to the person’s age, culture, mental impairment or illness, communication ability and any disability; and\n- (b) in a way, including, for example, in a language, the person is most likely to understand.","sortOrder":274},{"sectionNumber":"sec.157F","sectionType":"section","heading":"Examination","content":"### sec.157F Examination\n\nA doctor or health practitioner may examine a person subject to an emergency examination authority to decide the person’s treatment and care needs.\nAlso, a doctor or authorised mental health practitioner may examine the person to decide whether to make a recommendation for assessment for the person under the Mental Health Act 2016 .\nAn examination may be carried out using an audiovisual link if the doctor or health practitioner examining the person believes it is clinically appropriate.\nIn this section—\naudiovisual link means facilities that enable reasonably contemporaneous and continuous audio and visual communication between persons at different places.\nauthorised mental health practitioner see the Mental Health Act 2016 , schedule 3 .\ns 157F ins 2016 No. 5 s 921 (amd 2017 No. 3 s 52 (12) )\n(sec.157F-ssec.1) A doctor or health practitioner may examine a person subject to an emergency examination authority to decide the person’s treatment and care needs.\n(sec.157F-ssec.2) Also, a doctor or authorised mental health practitioner may examine the person to decide whether to make a recommendation for assessment for the person under the Mental Health Act 2016 .\n(sec.157F-ssec.3) An examination may be carried out using an audiovisual link if the doctor or health practitioner examining the person believes it is clinically appropriate.\n(sec.157F-ssec.4) In this section— audiovisual link means facilities that enable reasonably contemporaneous and continuous audio and visual communication between persons at different places. authorised mental health practitioner see the Mental Health Act 2016 , schedule 3 .","sortOrder":275},{"sectionNumber":"ch.4A-pt.3","sectionType":"part","heading":"Return of persons who abscond","content":"# Return of persons who abscond","sortOrder":276},{"sectionNumber":"sec.157G","sectionType":"section","heading":"Application of pt 3","content":"### sec.157G Application of pt 3\n\nThis part applies if a person absconds from a public sector health service facility while being detained under this chapter.\ns 157G ins 2016 No. 5 s 921 (amd 2017 No. 3 s 52 (13) )","sortOrder":277},{"sectionNumber":"sec.157H","sectionType":"section","heading":"Person in charge of facility may require return of absent person","content":"### sec.157H Person in charge of facility may require return of absent person\n\nA person in charge of a public sector health service facility may—\nauthorise an authorised person, other than a police officer, to transport the person to a public sector health service facility; or\nask a police officer to transport the person to a public sector health service facility.\nThe authorisation or request must—\nbe in the approved form; and\nstate the name of the person to be transported; and\nstate the name of the public sector health service facility to which the person is to be transported; and\nidentify the risk the person presents to himself or herself, the authorised person or police officer, and others; and\nfor a request to a police officer—state the reasons why the person in charge considers it necessary for a police officer to transport the person.\nBefore giving the authorisation or making the request, the person in charge must make reasonable efforts to contact the person and encourage the person to come or return to the public sector health service facility.\nSubsection (3) does not apply if the person in charge considers there is a risk that the person may harm himself or herself or others if the person in charge complies with the subsection.\nThe person in charge of a public sector health service facility may delegate a function or power of the person in charge under this section to an appropriately qualified health service employee.\nFor performing a function or exercising a power under this section in relation to a person, an authorised person, other than a police officer, is a public official for the Police Powers and Responsibilities Act 2000 .\nSee also part 5 for applying for a warrant for the apprehension of a person.\ns 157H ins 2016 No. 5 s 921 (amd 2017 No. 3 s 52 (14) – (22) )\n(sec.157H-ssec.1) A person in charge of a public sector health service facility may— authorise an authorised person, other than a police officer, to transport the person to a public sector health service facility; or ask a police officer to transport the person to a public sector health service facility.\n(sec.157H-ssec.2) The authorisation or request must— be in the approved form; and state the name of the person to be transported; and state the name of the public sector health service facility to which the person is to be transported; and identify the risk the person presents to himself or herself, the authorised person or police officer, and others; and for a request to a police officer—state the reasons why the person in charge considers it necessary for a police officer to transport the person.\n(sec.157H-ssec.3) Before giving the authorisation or making the request, the person in charge must make reasonable efforts to contact the person and encourage the person to come or return to the public sector health service facility.\n(sec.157H-ssec.4) Subsection (3) does not apply if the person in charge considers there is a risk that the person may harm himself or herself or others if the person in charge complies with the subsection.\n(sec.157H-ssec.5) The person in charge of a public sector health service facility may delegate a function or power of the person in charge under this section to an appropriately qualified health service employee.\n(sec.157H-ssec.6) For performing a function or exercising a power under this section in relation to a person, an authorised person, other than a police officer, is a public official for the Police Powers and Responsibilities Act 2000 .\n- (a) authorise an authorised person, other than a police officer, to transport the person to a public sector health service facility; or\n- (b) ask a police officer to transport the person to a public sector health service facility.\n- (a) be in the approved form; and\n- (b) state the name of the person to be transported; and\n- (c) state the name of the public sector health service facility to which the person is to be transported; and\n- (d) identify the risk the person presents to himself or herself, the authorised person or police officer, and others; and\n- (e) for a request to a police officer—state the reasons why the person in charge considers it necessary for a police officer to transport the person.","sortOrder":278},{"sectionNumber":"sec.157I","sectionType":"section","heading":"Duration of authorisation or request","content":"### sec.157I Duration of authorisation or request\n\nAn authorisation or request under section 157H to transport the person is in force for 3 days after the day the person absconds.\ns 157I ins 2016 No. 5 s 921","sortOrder":279},{"sectionNumber":"sec.157J","sectionType":"section","heading":"Authorised person may transport absent person","content":"### sec.157J Authorised person may transport absent person\n\nThis section applies if an authorised person is authorised to transport a person under section 157H (1) (a) .\nThe authorised person may transport the person named in the authorisation to the public sector health service facility stated in the authorisation.\nSubsection (4) applies if an authorised person mentioned in section 157H (1) (a) asks a police officer, under the Police Powers and Responsibilities Act 2000 , section 16 , to help transport the named person.\nUnder section 157H (6) , an authorised person, other than a police officer, is a public official for the Police Powers and Responsibilities Act 2000 . Under section 16 of that Act, a public official may ask a police officer to help the public official perform the public official’s functions.\nThe request must—\nbe in the approved form; and\nstate the name of the person to be transported; and\nstate the name of the public sector health service facility to which the person is to be transported; and\nidentify the risk the person presents to himself or herself, the authorised person or police officer, and others; and\nstate the reasons why the authorised person considers it necessary to ask the police officer to help transport the person.\nBefore transporting the person, the authorised person must—\ntell the person the authorised person is detaining the person and transporting the person to the public sector health service facility stated in the authorisation; and\nexplain to the person how taking action under paragraph (a) may affect the person.\ns 157J ins 2016 No. 5 s 921 (amd 2017 No. 3 s 52 (23) – (25) )\n(sec.157J-ssec.1) This section applies if an authorised person is authorised to transport a person under section 157H (1) (a) .\n(sec.157J-ssec.2) The authorised person may transport the person named in the authorisation to the public sector health service facility stated in the authorisation.\n(sec.157J-ssec.3) Subsection (4) applies if an authorised person mentioned in section 157H (1) (a) asks a police officer, under the Police Powers and Responsibilities Act 2000 , section 16 , to help transport the named person. Under section 157H (6) , an authorised person, other than a police officer, is a public official for the Police Powers and Responsibilities Act 2000 . Under section 16 of that Act, a public official may ask a police officer to help the public official perform the public official’s functions.\n(sec.157J-ssec.4) The request must— be in the approved form; and state the name of the person to be transported; and state the name of the public sector health service facility to which the person is to be transported; and identify the risk the person presents to himself or herself, the authorised person or police officer, and others; and state the reasons why the authorised person considers it necessary to ask the police officer to help transport the person.\n(sec.157J-ssec.5) Before transporting the person, the authorised person must— tell the person the authorised person is detaining the person and transporting the person to the public sector health service facility stated in the authorisation; and explain to the person how taking action under paragraph (a) may affect the person.\n- (a) be in the approved form; and\n- (b) state the name of the person to be transported; and\n- (c) state the name of the public sector health service facility to which the person is to be transported; and\n- (d) identify the risk the person presents to himself or herself, the authorised person or police officer, and others; and\n- (e) state the reasons why the authorised person considers it necessary to ask the police officer to help transport the person.\n- (a) tell the person the authorised person is detaining the person and transporting the person to the public sector health service facility stated in the authorisation; and\n- (b) explain to the person how taking action under paragraph (a) may affect the person.","sortOrder":280},{"sectionNumber":"sec.157K","sectionType":"section","heading":"Effect on examination period","content":"### sec.157K Effect on examination period\n\nFor a person transported under an authorisation or request under section 157H —\ndespite section 157E (1) , the examination period for the person starts when the person is admitted to the service or facility to which the person is transported under section 157E ; and\na health service employee must note on the person’s emergency examination authority when the examination period starts under paragraph (a) .\ns 157K ins 2016 No. 5 s 921\n- (a) despite section 157E (1) , the examination period for the person starts when the person is admitted to the service or facility to which the person is transported under section 157E ; and\n- (b) a health service employee must note on the person’s emergency examination authority when the examination period starts under paragraph (a) .","sortOrder":281},{"sectionNumber":"ch.4A-pt.4","sectionType":"part","heading":"Powers","content":"# Powers","sortOrder":282},{"sectionNumber":"sec.157L","sectionType":"section","heading":"Use of force to detain and transport","content":"### sec.157L Use of force to detain and transport\n\nAn ambulance officer or police officer may exercise the power to detain and transport a person under this chapter with the help, and using the force, that is necessary and reasonable in the circumstances.\ns 157L ins 2016 No. 5 s 921","sortOrder":283},{"sectionNumber":"sec.157M","sectionType":"section","heading":"Transfer to another treatment or care place","content":"### sec.157M Transfer to another treatment or care place\n\nThis section applies if—\na person subject to an emergency examination authority is transported to a treatment or care place that is a public sector health service facility; and\na doctor or health practitioner believes it is necessary for the person to be transported to another treatment or care place that is a public sector health service facility.\nAn authorised person may transport the person under the emergency examination authority to the other treatment or care place.\nA person subject to an emergency examination authority may only be detained in a treatment or care place for the examination period, or the examination period as extended under section 157E (4) .\ns 157M ins 2016 No. 5 s 921 (amd 2017 No. 3 s 52 (26) – (27) )\n(sec.157M-ssec.1) This section applies if— a person subject to an emergency examination authority is transported to a treatment or care place that is a public sector health service facility; and a doctor or health practitioner believes it is necessary for the person to be transported to another treatment or care place that is a public sector health service facility.\n(sec.157M-ssec.2) An authorised person may transport the person under the emergency examination authority to the other treatment or care place.\n- (a) a person subject to an emergency examination authority is transported to a treatment or care place that is a public sector health service facility; and\n- (b) a doctor or health practitioner believes it is necessary for the person to be transported to another treatment or care place that is a public sector health service facility.","sortOrder":284},{"sectionNumber":"sec.157N","sectionType":"section","heading":"Use of reasonable force to detain person","content":"### sec.157N Use of reasonable force to detain person\n\nThis section applies if, under an emergency examination authority, a person may be detained in a public sector health service facility.\nThe person in charge of the public sector health service facility, and anyone lawfully helping the person in charge, may exercise the power to detain the person in the facility with the help, and using the force, that is necessary and reasonable in the circumstances.\ns 157N ins 2016 No. 5 s 921 (amd 2017 No. 3 s 52 (28) – (29) )\n(sec.157N-ssec.1) This section applies if, under an emergency examination authority, a person may be detained in a public sector health service facility.\n(sec.157N-ssec.2) The person in charge of the public sector health service facility, and anyone lawfully helping the person in charge, may exercise the power to detain the person in the facility with the help, and using the force, that is necessary and reasonable in the circumstances.","sortOrder":285},{"sectionNumber":"sec.157O","sectionType":"section","heading":"Examination of person without consent and with use of reasonable force","content":"### sec.157O Examination of person without consent and with use of reasonable force\n\nAn examination of a person subject to an emergency examination authority may be made under this chapter without the consent of the person or anyone else.\nA person lawfully examining the person, or lawfully helping to examine the person, may use the force that is necessary and reasonable in the circumstances to examine, or help examine, the person.\ns 157O ins 2016 No. 5 s 921\n(sec.157O-ssec.1) An examination of a person subject to an emergency examination authority may be made under this chapter without the consent of the person or anyone else.\n(sec.157O-ssec.2) A person lawfully examining the person, or lawfully helping to examine the person, may use the force that is necessary and reasonable in the circumstances to examine, or help examine, the person.","sortOrder":286},{"sectionNumber":"sec.157P","sectionType":"section","heading":"Return after examination or treatment and care to person’s requested place","content":"### sec.157P Return after examination or treatment and care to person’s requested place\n\nThis section applies if—\na person is transported from the community to a treatment or care place that is a public sector health service facility; and\nat the end of the examination period, or the examination period as extended under section 157E (4) , for the person, a recommendation for assessment under the Mental Health Act 2016 is not made for the person.\nThe person in charge of the public sector health service facility must take reasonable steps to ensure the person is returned to a place reasonably requested by the person.\ns 157P ins 2016 No. 5 s 921 (amd 2017 No. 3 s 52 (30) – (31) )\n(sec.157P-ssec.1) This section applies if— a person is transported from the community to a treatment or care place that is a public sector health service facility; and at the end of the examination period, or the examination period as extended under section 157E (4) , for the person, a recommendation for assessment under the Mental Health Act 2016 is not made for the person.\n(sec.157P-ssec.2) The person in charge of the public sector health service facility must take reasonable steps to ensure the person is returned to a place reasonably requested by the person.\n- (a) a person is transported from the community to a treatment or care place that is a public sector health service facility; and\n- (b) at the end of the examination period, or the examination period as extended under section 157E (4) , for the person, a recommendation for assessment under the Mental Health Act 2016 is not made for the person.","sortOrder":287},{"sectionNumber":"ch.4A-pt.5","sectionType":"part","heading":"Warrant for apprehension of person to transport person","content":"# Warrant for apprehension of person to transport person","sortOrder":288},{"sectionNumber":"sec.157Q","sectionType":"section","heading":"Application for warrant for apprehension of person","content":"### sec.157Q Application for warrant for apprehension of person\n\nThis section applies if an authorised person considers a warrant for apprehension of a person is necessary to enable an authorised person to transport the person under this chapter to a public sector health service facility for an examination.\nThe authorised person may apply to a magistrate for a warrant for apprehension of the person.\nThe authorised person must prepare a written application that states the grounds on which the warrant is sought.\nThe written application must be sworn.\nThe magistrate may refuse to consider the application until the authorised person gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.\nThe magistrate may require additional information supporting the application to be given by statutory declaration.\ns 157Q ins 2016 No. 5 s 921 (amd 2017 No. 3 s 52 (32) )\n(sec.157Q-ssec.1) This section applies if an authorised person considers a warrant for apprehension of a person is necessary to enable an authorised person to transport the person under this chapter to a public sector health service facility for an examination.\n(sec.157Q-ssec.2) The authorised person may apply to a magistrate for a warrant for apprehension of the person.\n(sec.157Q-ssec.3) The authorised person must prepare a written application that states the grounds on which the warrant is sought.\n(sec.157Q-ssec.4) The written application must be sworn.\n(sec.157Q-ssec.5) The magistrate may refuse to consider the application until the authorised person gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires. The magistrate may require additional information supporting the application to be given by statutory declaration.","sortOrder":289},{"sectionNumber":"sec.157R","sectionType":"section","heading":"Issue of warrant","content":"### sec.157R Issue of warrant\n\nA magistrate may issue the warrant for apprehension of the person if the magistrate is satisfied the warrant is necessary to enable an authorised person to transport the person to a public sector health service facility for an examination.\nThe warrant authorises an authorised person—\nto enter any 1 or more places the authorised person reasonably believes the person is; and\nto search the places to find the person; and\nto remain in the places for as long as the authorised person considers it reasonably necessary to find the person; and\nto transport the person to a stated public sector health service facility.\nFor a police officer’s entry and search powers, see the Police Powers and Responsibilities Act 2000 , section 21 . Also, for the use of force by a police officer, see the Police Powers and Responsibilities Act 2000 , section 615 .\nThe warrant must state—\nthe person to whom the warrant applies; and\nthat an authorised person may, with necessary and reasonable help and force, exercise—\nthe powers under the warrant mentioned in subsection (2) ; and\nthe powers mentioned in part 4 ; and\nthe hours of the day or night when a place mentioned in subsection (2) (a) may be entered; and\nthe magistrate’s name; and\nthe day and time of the warrant’s issue; and\nthe day, within 7 days after the warrant’s issue, the warrant ends.\nAn authorised person may exercise powers under the warrant with the help, and using the force, that is reasonable in the circumstances.\ns 157R ins 2016 No. 5 s 921 (amd 2017 No. 3 s 52 (33) – (34) )\n(sec.157R-ssec.1) A magistrate may issue the warrant for apprehension of the person if the magistrate is satisfied the warrant is necessary to enable an authorised person to transport the person to a public sector health service facility for an examination.\n(sec.157R-ssec.2) The warrant authorises an authorised person— to enter any 1 or more places the authorised person reasonably believes the person is; and to search the places to find the person; and to remain in the places for as long as the authorised person considers it reasonably necessary to find the person; and to transport the person to a stated public sector health service facility. For a police officer’s entry and search powers, see the Police Powers and Responsibilities Act 2000 , section 21 . Also, for the use of force by a police officer, see the Police Powers and Responsibilities Act 2000 , section 615 .\n(sec.157R-ssec.3) The warrant must state— the person to whom the warrant applies; and that an authorised person may, with necessary and reasonable help and force, exercise— the powers under the warrant mentioned in subsection (2) ; and the powers mentioned in part 4 ; and the hours of the day or night when a place mentioned in subsection (2) (a) may be entered; and the magistrate’s name; and the day and time of the warrant’s issue; and the day, within 7 days after the warrant’s issue, the warrant ends.\n(sec.157R-ssec.4) An authorised person may exercise powers under the warrant with the help, and using the force, that is reasonable in the circumstances.\n- (a) to enter any 1 or more places the authorised person reasonably believes the person is; and\n- (b) to search the places to find the person; and\n- (c) to remain in the places for as long as the authorised person considers it reasonably necessary to find the person; and\n- (d) to transport the person to a stated public sector health service facility.\n- (a) the person to whom the warrant applies; and\n- (b) that an authorised person may, with necessary and reasonable help and force, exercise— (i) the powers under the warrant mentioned in subsection (2) ; and (ii) the powers mentioned in part 4 ; and\n- (i) the powers under the warrant mentioned in subsection (2) ; and\n- (ii) the powers mentioned in part 4 ; and\n- (c) the hours of the day or night when a place mentioned in subsection (2) (a) may be entered; and\n- (d) the magistrate’s name; and\n- (e) the day and time of the warrant’s issue; and\n- (f) the day, within 7 days after the warrant’s issue, the warrant ends.\n- (i) the powers under the warrant mentioned in subsection (2) ; and\n- (ii) the powers mentioned in part 4 ; and","sortOrder":290},{"sectionNumber":"sec.157S","sectionType":"section","heading":"Electronic application","content":"### sec.157S Electronic application\n\nAn application under section 157Q may be made by phone, fax, email, radio, videoconferencing or another form of electronic communication if the authorised person reasonably considers it necessary because of—\nurgent circumstances; or\nother special circumstances, including, for example, the authorised person’s remote location.\nThe application—\nmay not be made before the authorised person prepares the written application under section 157Q (3) ; but\nmay be made before the written application is sworn.\ns 157S ins 2016 No. 5 s 921\n(sec.157S-ssec.1) An application under section 157Q may be made by phone, fax, email, radio, videoconferencing or another form of electronic communication if the authorised person reasonably considers it necessary because of— urgent circumstances; or other special circumstances, including, for example, the authorised person’s remote location.\n(sec.157S-ssec.2) The application— may not be made before the authorised person prepares the written application under section 157Q (3) ; but may be made before the written application is sworn.\n- (a) urgent circumstances; or\n- (b) other special circumstances, including, for example, the authorised person’s remote location.\n- (a) may not be made before the authorised person prepares the written application under section 157Q (3) ; but\n- (b) may be made before the written application is sworn.","sortOrder":291},{"sectionNumber":"sec.157T","sectionType":"section","heading":"Additional procedure if electronic application","content":"### sec.157T Additional procedure if electronic application\n\nFor an application made under section 157S , the magistrate may issue the warrant for apprehension of the person (the original warrant ) only if the magistrate is satisfied—\nit was necessary to make the application under section 157S ; and\nthe way the application was made under section 157S was appropriate.\nAfter the magistrate issues the original warrant—\nif there is a reasonably practicable way of immediately giving a copy of the warrant to the authorised person, including, for example, by sending a copy by fax or email, the magistrate must immediately give a copy of the warrant to the authorised person; or\notherwise—\nthe magistrate must tell the authorised person the information mentioned in section 157R (3) ; and\nthe authorised person must complete a form of warrant, including by writing on it the information mentioned in section 157R (3) told to the person by the magistrate.\nThe copy of the warrant mentioned in subsection (2) (a) , or the form of warrant completed under subsection (2) (b) (in either case the duplicate warrant ), is a duplicate of, and as effectual as, the original warrant.\nThe authorised person must, at the first reasonable opportunity, send to the magistrate—\nthe written application complying with section 157Q (3) and (4) ; and\nif the authorised person completed a form of warrant under subsection (2) (b) , the completed form of warrant.\nThe magistrate must keep the original warrant and, on receiving the documents under subsection (4) —\nattach the documents to the original warrant; and\ngive the original warrant and documents to the clerk of the court of the relevant magistrates court.\nDespite subsection (3) , if—\nan issue arises in a proceeding about whether an exercise of a power was authorised by a warrant issued under this section; and\nthe original warrant is not produced in evidence;\nthe onus of proof is on the person relying on the lawfulness of the exercise of the power to prove a warrant authorised the exercise of the power.\nIn this section—\nrelevant magistrates court , in relation to a magistrate, means the Magistrates Court that the magistrate constitutes under the Magistrates Act 1991 .\ns 157T ins 2016 No. 5 s 921\n(sec.157T-ssec.1) For an application made under section 157S , the magistrate may issue the warrant for apprehension of the person (the original warrant ) only if the magistrate is satisfied— it was necessary to make the application under section 157S ; and the way the application was made under section 157S was appropriate.\n(sec.157T-ssec.2) After the magistrate issues the original warrant— if there is a reasonably practicable way of immediately giving a copy of the warrant to the authorised person, including, for example, by sending a copy by fax or email, the magistrate must immediately give a copy of the warrant to the authorised person; or otherwise— the magistrate must tell the authorised person the information mentioned in section 157R (3) ; and the authorised person must complete a form of warrant, including by writing on it the information mentioned in section 157R (3) told to the person by the magistrate.\n(sec.157T-ssec.3) The copy of the warrant mentioned in subsection (2) (a) , or the form of warrant completed under subsection (2) (b) (in either case the duplicate warrant ), is a duplicate of, and as effectual as, the original warrant.\n(sec.157T-ssec.4) The authorised person must, at the first reasonable opportunity, send to the magistrate— the written application complying with section 157Q (3) and (4) ; and if the authorised person completed a form of warrant under subsection (2) (b) , the completed form of warrant.\n(sec.157T-ssec.5) The magistrate must keep the original warrant and, on receiving the documents under subsection (4) — attach the documents to the original warrant; and give the original warrant and documents to the clerk of the court of the relevant magistrates court.\n(sec.157T-ssec.6) Despite subsection (3) , if— an issue arises in a proceeding about whether an exercise of a power was authorised by a warrant issued under this section; and the original warrant is not produced in evidence; the onus of proof is on the person relying on the lawfulness of the exercise of the power to prove a warrant authorised the exercise of the power.\n(sec.157T-ssec.7) In this section— relevant magistrates court , in relation to a magistrate, means the Magistrates Court that the magistrate constitutes under the Magistrates Act 1991 .\n- (a) it was necessary to make the application under section 157S ; and\n- (b) the way the application was made under section 157S was appropriate.\n- (a) if there is a reasonably practicable way of immediately giving a copy of the warrant to the authorised person, including, for example, by sending a copy by fax or email, the magistrate must immediately give a copy of the warrant to the authorised person; or\n- (b) otherwise— (i) the magistrate must tell the authorised person the information mentioned in section 157R (3) ; and (ii) the authorised person must complete a form of warrant, including by writing on it the information mentioned in section 157R (3) told to the person by the magistrate.\n- (i) the magistrate must tell the authorised person the information mentioned in section 157R (3) ; and\n- (ii) the authorised person must complete a form of warrant, including by writing on it the information mentioned in section 157R (3) told to the person by the magistrate.\n- (i) the magistrate must tell the authorised person the information mentioned in section 157R (3) ; and\n- (ii) the authorised person must complete a form of warrant, including by writing on it the information mentioned in section 157R (3) told to the person by the magistrate.\n- (a) the written application complying with section 157Q (3) and (4) ; and\n- (b) if the authorised person completed a form of warrant under subsection (2) (b) , the completed form of warrant.\n- (a) attach the documents to the original warrant; and\n- (b) give the original warrant and documents to the clerk of the court of the relevant magistrates court.\n- (a) an issue arises in a proceeding about whether an exercise of a power was authorised by a warrant issued under this section; and\n- (b) the original warrant is not produced in evidence;","sortOrder":292},{"sectionNumber":"sec.157U","sectionType":"section","heading":"Defect in relation to a warrant","content":"### sec.157U Defect in relation to a warrant\n\nA warrant for apprehension of a person is not invalidated by a defect in—\nthe warrant; or\ncompliance with this part;\nunless the defect affects the substance of the warrant in a material particular.\nIn this section—\nwarrant for apprehension includes a duplicate warrant under section 157T (3) .\ns 157U ins 2016 No. 5 s 921\n(sec.157U-ssec.1) A warrant for apprehension of a person is not invalidated by a defect in— the warrant; or compliance with this part; unless the defect affects the substance of the warrant in a material particular.\n(sec.157U-ssec.2) In this section— warrant for apprehension includes a duplicate warrant under section 157T (3) .\n- (a) the warrant; or\n- (b) compliance with this part;","sortOrder":293},{"sectionNumber":"sec.157V","sectionType":"section","heading":"Warrants—entry procedure","content":"### sec.157V Warrants—entry procedure\n\nThis section applies if an authorised person is intending to enter a place under a warrant for apprehension of a person.\nBefore entering the place, the authorised person must do or make a reasonable attempt to do the following things—\nidentify himself or herself to a person present at the place who is an occupier of the place;\nSee also the Police Powers and Responsibilities Act 2000 , section 637 .\ngive the person a copy of the warrant or, if the entry is authorised by a duplicate warrant under section 157T (3) , a copy of the duplicate warrant;\ntell the person the authorised person is permitted by the warrant to enter and search the place to find the person named in the warrant;\ngive the person an opportunity to allow the authorised person immediate entry to the place without using force.\nHowever, the authorised person need not comply with subsection (2) if the authorised person reasonably believes immediate entry to the place is required to ensure the effective execution of the warrant is not frustrated.\ns 157V ins 2016 No. 5 s 921\n(sec.157V-ssec.1) This section applies if an authorised person is intending to enter a place under a warrant for apprehension of a person.\n(sec.157V-ssec.2) Before entering the place, the authorised person must do or make a reasonable attempt to do the following things— identify himself or herself to a person present at the place who is an occupier of the place; See also the Police Powers and Responsibilities Act 2000 , section 637 . give the person a copy of the warrant or, if the entry is authorised by a duplicate warrant under section 157T (3) , a copy of the duplicate warrant; tell the person the authorised person is permitted by the warrant to enter and search the place to find the person named in the warrant; give the person an opportunity to allow the authorised person immediate entry to the place without using force.\n(sec.157V-ssec.3) However, the authorised person need not comply with subsection (2) if the authorised person reasonably believes immediate entry to the place is required to ensure the effective execution of the warrant is not frustrated.\n- (a) identify himself or herself to a person present at the place who is an occupier of the place; Note— See also the Police Powers and Responsibilities Act 2000 , section 637 .\n- (b) give the person a copy of the warrant or, if the entry is authorised by a duplicate warrant under section 157T (3) , a copy of the duplicate warrant;\n- (c) tell the person the authorised person is permitted by the warrant to enter and search the place to find the person named in the warrant;\n- (d) give the person an opportunity to allow the authorised person immediate entry to the place without using force.","sortOrder":294},{"sectionNumber":"ch.4A-pt.6","sectionType":"part","heading":"Searches of persons in treatment or care place","content":"# Searches of persons in treatment or care place","sortOrder":295},{"sectionNumber":"sec.157W","sectionType":"section","heading":"Application of pt 6","content":"### sec.157W Application of pt 6\n\nThis part applies to a person who is being detained in a public sector health service facility for an examination under this chapter.\ns 157W ins 2016 No. 5 s 921 (amd 2017 No. 3 s 52 (35) )","sortOrder":296},{"sectionNumber":"sec.157X","sectionType":"section","heading":"Definitions for pt 6","content":"### sec.157X Definitions for pt 6\n\nIn this part—\ngeneral search , of a person, means a search—\nto reveal the contents of the person’s outer garments, general clothes or hand luggage without touching the person or the luggage; or\nin which the person may be required to—\nopen his or her hands or mouth for visual inspection; or\nshake his or her hair vigorously.\nharmful thing means anything—\nthat may be used to—\nthreaten the security or good order of a public sector health service facility; or\nthreaten a person’s health or safety; or\nthat, if used by a patient in a public sector health service facility, is likely to adversely affect the patient’s treatment or care.\na dangerous drug\nalcohol\nmedication\nprovocative or offensive documents\ns 157X def harmful thing amd 2017 No. 3 s 52 (36)\npersonal search , of a person, means a search in which light pressure is momentarily applied to the person over his or her general clothes without direct contact being made with—\nthe person’s genital or anal areas; or\nfor a female—the person’s breasts.\nscanning search , of a person, means a search of the person by electronic or other means that does not require the person to remove his or her general clothes or to be touched by another person.\nusing a portable electronic apparatus or another portable apparatus that can be passed over the person\nusing an electronic apparatus through which the person is required to pass\nsearch requiring the removal of clothing , of a person, means a search in which the person removes all garments during the course of the search, but in which direct contact is not made with the person.\ns 157X ins 2016 No. 5 s 921\n- (a) to reveal the contents of the person’s outer garments, general clothes or hand luggage without touching the person or the luggage; or\n- (b) in which the person may be required to— (i) open his or her hands or mouth for visual inspection; or (ii) shake his or her hair vigorously.\n- (i) open his or her hands or mouth for visual inspection; or\n- (ii) shake his or her hair vigorously.\n- (i) open his or her hands or mouth for visual inspection; or\n- (ii) shake his or her hair vigorously.\n- (a) that may be used to— (i) threaten the security or good order of a public sector health service facility; or (ii) threaten a person’s health or safety; or\n- (i) threaten the security or good order of a public sector health service facility; or\n- (ii) threaten a person’s health or safety; or\n- (b) that, if used by a patient in a public sector health service facility, is likely to adversely affect the patient’s treatment or care.\n- (i) threaten the security or good order of a public sector health service facility; or\n- (ii) threaten a person’s health or safety; or\n- • a dangerous drug\n- • alcohol\n- • medication\n- • provocative or offensive documents\n- (a) the person’s genital or anal areas; or\n- (b) for a female—the person’s breasts.\n- • using a portable electronic apparatus or another portable apparatus that can be passed over the person\n- • using an electronic apparatus through which the person is required to pass","sortOrder":297},{"sectionNumber":"sec.157Y","sectionType":"section","heading":"Power to search on belief of possession of harmful thing","content":"### sec.157Y Power to search on belief of possession of harmful thing\n\nThis section applies if a doctor or health practitioner believes the person may have possession of a harmful thing.\nThe doctor or health practitioner may—\ncarry out a general search, scanning search or personal search of the person; and\nif the person in charge of the public sector health service facility gives approval for a search requiring the removal of clothing—carry out a search requiring the removal of clothing; and\ncarry out a search of the person’s possessions.\nThe person in charge of the public sector health service facility may give approval under subsection (2) (b) if the person in charge believes that a search requiring the removal of clothing is necessary in the circumstances.\nA search under this section may be carried out without the person’s consent.\nHowever, before carrying out a search under this section, the doctor or health practitioner must tell the person the reasons for the search and how it is to be carried out.\nA doctor or health practitioner may carry out a search under this section with the help, and using the force, that is necessary and reasonable in the circumstances.\ns 157Y ins 2016 No. 5 s 921 (amd 2017 No. 3 s 52 (37) – (38) )\n(sec.157Y-ssec.1) This section applies if a doctor or health practitioner believes the person may have possession of a harmful thing.\n(sec.157Y-ssec.2) The doctor or health practitioner may— carry out a general search, scanning search or personal search of the person; and if the person in charge of the public sector health service facility gives approval for a search requiring the removal of clothing—carry out a search requiring the removal of clothing; and carry out a search of the person’s possessions.\n(sec.157Y-ssec.3) The person in charge of the public sector health service facility may give approval under subsection (2) (b) if the person in charge believes that a search requiring the removal of clothing is necessary in the circumstances.\n(sec.157Y-ssec.4) A search under this section may be carried out without the person’s consent.\n(sec.157Y-ssec.5) However, before carrying out a search under this section, the doctor or health practitioner must tell the person the reasons for the search and how it is to be carried out.\n(sec.157Y-ssec.6) A doctor or health practitioner may carry out a search under this section with the help, and using the force, that is necessary and reasonable in the circumstances.\n- (a) carry out a general search, scanning search or personal search of the person; and\n- (b) if the person in charge of the public sector health service facility gives approval for a search requiring the removal of clothing—carry out a search requiring the removal of clothing; and\n- (c) carry out a search of the person’s possessions.","sortOrder":298},{"sectionNumber":"sec.157Z","sectionType":"section","heading":"Requirements for personal search","content":"### sec.157Z Requirements for personal search\n\nA person authorised under section 157Y to carry out a personal search (the searcher ) may do any 1 or more of the following in relation to the person being searched—\nremove and inspect an outer garment or footwear of the person;\nremove and inspect all things from the pockets of the person’s clothing;\ntouch the clothing worn by the person to the extent necessary to detect things in the person’s possession;\nremove and inspect any detected thing.\nThe searcher may exercise a power under subsection (1) (c) only if—\nto the extent reasonably practicable—\nthe person has been given an opportunity to express, and has expressed, their preference about the gender of someone carrying out the search (the gender preferred by the person); and\nthe gender of the searcher is the gender preferred by, or otherwise the same gender as, the person; and\nthe search is carried out in a part of a building that ensures the person’s privacy.\nThe searcher must—\ncarry out the search in a way that respects the person’s dignity to the greatest possible extent; and\ncause as little inconvenience to the person as is practicable in the circumstances.\ns 157Z ins 2016 No. 5 s 921\namd 2024 No. 24 s 50\n(sec.157Z-ssec.1) A person authorised under section 157Y to carry out a personal search (the searcher ) may do any 1 or more of the following in relation to the person being searched— remove and inspect an outer garment or footwear of the person; remove and inspect all things from the pockets of the person’s clothing; touch the clothing worn by the person to the extent necessary to detect things in the person’s possession; remove and inspect any detected thing.\n(sec.157Z-ssec.2) The searcher may exercise a power under subsection (1) (c) only if— to the extent reasonably practicable— the person has been given an opportunity to express, and has expressed, their preference about the gender of someone carrying out the search (the gender preferred by the person); and the gender of the searcher is the gender preferred by, or otherwise the same gender as, the person; and the search is carried out in a part of a building that ensures the person’s privacy.\n(sec.157Z-ssec.3) The searcher must— carry out the search in a way that respects the person’s dignity to the greatest possible extent; and cause as little inconvenience to the person as is practicable in the circumstances.\n- (a) remove and inspect an outer garment or footwear of the person;\n- (b) remove and inspect all things from the pockets of the person’s clothing;\n- (c) touch the clothing worn by the person to the extent necessary to detect things in the person’s possession;\n- (d) remove and inspect any detected thing.\n- (a) to the extent reasonably practicable— (i) the person has been given an opportunity to express, and has expressed, their preference about the gender of someone carrying out the search (the gender preferred by the person); and (ii) the gender of the searcher is the gender preferred by, or otherwise the same gender as, the person; and\n- (i) the person has been given an opportunity to express, and has expressed, their preference about the gender of someone carrying out the search (the gender preferred by the person); and\n- (ii) the gender of the searcher is the gender preferred by, or otherwise the same gender as, the person; and\n- (b) the search is carried out in a part of a building that ensures the person’s privacy.\n- (i) the person has been given an opportunity to express, and has expressed, their preference about the gender of someone carrying out the search (the gender preferred by the person); and\n- (ii) the gender of the searcher is the gender preferred by, or otherwise the same gender as, the person; and\n- (a) carry out the search in a way that respects the person’s dignity to the greatest possible extent; and\n- (b) cause as little inconvenience to the person as is practicable in the circumstances.","sortOrder":299},{"sectionNumber":"sec.157ZA","sectionType":"section","heading":"Requirements for search requiring the removal of clothing","content":"### sec.157ZA Requirements for search requiring the removal of clothing\n\nA search under section 157Y requiring the removal of clothing of a person must be carried out by at least 2 persons authorised to carry out the search, but by no more persons than are reasonably necessary to carry out the search.\nTo the extent reasonably practicable, the gender of each person carrying out the search (each a searcher ) must be the gender preferred by, or otherwise the same gender as, the person being searched.\nBefore carrying out the search, 1 of the searchers must tell the person—\nthat the person will be required to remove the person’s clothing during the search; and\nwhy it is necessary to remove the clothing.\nThe searcher must—\nensure the search is carried out in a part of a building that ensures the person’s privacy; and\nensure, to the extent practicable, that the way in which the person is searched causes minimal embarrassment to the person; and\ntake reasonable care to protect the person’s dignity; and\ncarry out the search as quickly as reasonably practicable; and\nallow the person to dress as soon as the search is finished.\nThe searcher must, if reasonably practicable, give the person the opportunity to remain partly clothed during the search, including, for example, by allowing the person to dress his or her upper body before being required to remove clothing from the lower part of the body.\nIf the searcher seizes clothing because of the search, the searcher must ensure the person is left with, or given, reasonably appropriate clothing.\nIn this section—\ngender preferred , by the person being searched, see section 157Z (2) (a) (i) .\ns 157ZA ins 2016 No. 5 s 921\namd 2024 No. 24 s 51\n(sec.157ZA-ssec.1) A search under section 157Y requiring the removal of clothing of a person must be carried out by at least 2 persons authorised to carry out the search, but by no more persons than are reasonably necessary to carry out the search.\n(sec.157ZA-ssec.2) To the extent reasonably practicable, the gender of each person carrying out the search (each a searcher ) must be the gender preferred by, or otherwise the same gender as, the person being searched.\n(sec.157ZA-ssec.3) Before carrying out the search, 1 of the searchers must tell the person— that the person will be required to remove the person’s clothing during the search; and why it is necessary to remove the clothing.\n(sec.157ZA-ssec.4) The searcher must— ensure the search is carried out in a part of a building that ensures the person’s privacy; and ensure, to the extent practicable, that the way in which the person is searched causes minimal embarrassment to the person; and take reasonable care to protect the person’s dignity; and carry out the search as quickly as reasonably practicable; and allow the person to dress as soon as the search is finished.\n(sec.157ZA-ssec.5) The searcher must, if reasonably practicable, give the person the opportunity to remain partly clothed during the search, including, for example, by allowing the person to dress his or her upper body before being required to remove clothing from the lower part of the body.\n(sec.157ZA-ssec.6) If the searcher seizes clothing because of the search, the searcher must ensure the person is left with, or given, reasonably appropriate clothing.\n(sec.157ZA-ssec.7) In this section— gender preferred , by the person being searched, see section 157Z (2) (a) (i) .\n- (a) that the person will be required to remove the person’s clothing during the search; and\n- (b) why it is necessary to remove the clothing.\n- (a) ensure the search is carried out in a part of a building that ensures the person’s privacy; and\n- (b) ensure, to the extent practicable, that the way in which the person is searched causes minimal embarrassment to the person; and\n- (c) take reasonable care to protect the person’s dignity; and\n- (d) carry out the search as quickly as reasonably practicable; and\n- (e) allow the person to dress as soon as the search is finished.","sortOrder":300},{"sectionNumber":"sec.157ZB","sectionType":"section","heading":"Requirements for search of possessions","content":"### sec.157ZB Requirements for search of possessions\n\nA person authorised under section 157Y to carry out a search of a person’s possessions (the searcher ) may—\nopen or inspect a thing in the person’s possession; and\nremove and inspect any detected thing.\nHowever, the searcher may exercise a power to inspect a thing under subsection (1) only if the person is present or has been given the opportunity to be present.\nSubsection (2) does not apply if the person obstructs the searcher in the exercise of the searcher’s powers.\ns 157ZB ins 2016 No. 5 s 921\n(sec.157ZB-ssec.1) A person authorised under section 157Y to carry out a search of a person’s possessions (the searcher ) may— open or inspect a thing in the person’s possession; and remove and inspect any detected thing.\n(sec.157ZB-ssec.2) However, the searcher may exercise a power to inspect a thing under subsection (1) only if the person is present or has been given the opportunity to be present.\n(sec.157ZB-ssec.3) Subsection (2) does not apply if the person obstructs the searcher in the exercise of the searcher’s powers.\n- (a) open or inspect a thing in the person’s possession; and\n- (b) remove and inspect any detected thing.","sortOrder":301},{"sectionNumber":"sec.157ZC","sectionType":"section","heading":"Record of search must be made","content":"### sec.157ZC Record of search must be made\n\nThis section applies if—\na search requiring the removal of clothing is carried out under section 157Y ; or\na person seizes anything found during a search under section 157Y .\nAs soon as practicable after carrying out the search, the person who carried out the search must make a written record of the following details of the search—\nthe reasons for the search;\nthe names of the persons present during the search;\nhow the search was carried out;\ndetails of anything seized, including the reasons for seizing.\ns 157ZC ins 2016 No. 5 s 921\n(sec.157ZC-ssec.1) This section applies if— a search requiring the removal of clothing is carried out under section 157Y ; or a person seizes anything found during a search under section 157Y .\n(sec.157ZC-ssec.2) As soon as practicable after carrying out the search, the person who carried out the search must make a written record of the following details of the search— the reasons for the search; the names of the persons present during the search; how the search was carried out; details of anything seized, including the reasons for seizing.\n- (a) a search requiring the removal of clothing is carried out under section 157Y ; or\n- (b) a person seizes anything found during a search under section 157Y .\n- (a) the reasons for the search;\n- (b) the names of the persons present during the search;\n- (c) how the search was carried out;\n- (d) details of anything seized, including the reasons for seizing.","sortOrder":302},{"sectionNumber":"sec.157ZD","sectionType":"section","heading":"Seizure of harmful thing","content":"### sec.157ZD Seizure of harmful thing\n\nA person authorised under section 157Y to carry out a search (the searcher ) may seize anything found during the search that the searcher reasonably suspects is—\nconnected with, or is evidence of, the commission or intended commission of an offence against an Act; or\na harmful thing.\nIf the searcher believes a seized thing is connected with, or is evidence of, the commission or intended commission of an offence against an Act, the searcher must give it to an authorised inspector for the Act .\nThe seizure provisions of the Act mentioned in subsection (2) apply to the thing as if the searcher had seized it under the provisions of the Act that relate to the offence.\nIf the authorised inspector is not reasonably satisfied the thing is evidence of the commission or intended commission of an offence against the Act , the authorised inspector must return it to the searcher who must deal with it under this section.\nIf the searcher believes a thing seized from a person, or a thing returned under subsection (4) , is a harmful thing, the searcher must—\nkeep it for the person and give it to the person on the person’s discharge from the public sector health service facility; or\ngive it to someone else if the person is able to give, and has given, agreement to do so; or\nif the searcher is satisfied someone else is entitled to possession of the thing—give or send it to the person; or\nif the searcher is satisfied it is of negligible value—dispose of it in the way the person in charge of the public sector health service facility believes appropriate.\nRegard must be had to a thing’s nature, condition and value in deciding—\nwhether it is reasonable to make inquiries or efforts; and\nif making inquiries or efforts—what inquiries or efforts, including the period over which they are made, are reasonable.\nIn this section—\nauthorised inspector , for an Act, means a person who is authorised under the Act to perform inspection and enforcement functions.\nseizure provisions , of an Act, means the provisions of the Act relating to the access to, and retention, disposal and forfeiture of, a thing after its seizure under the Act .\ns 157ZD ins 2016 No. 5 s 921 (amd 2017 No. 3 s 52 (39) – (40) )\n(sec.157ZD-ssec.1) A person authorised under section 157Y to carry out a search (the searcher ) may seize anything found during the search that the searcher reasonably suspects is— connected with, or is evidence of, the commission or intended commission of an offence against an Act; or a harmful thing.\n(sec.157ZD-ssec.2) If the searcher believes a seized thing is connected with, or is evidence of, the commission or intended commission of an offence against an Act, the searcher must give it to an authorised inspector for the Act .\n(sec.157ZD-ssec.3) The seizure provisions of the Act mentioned in subsection (2) apply to the thing as if the searcher had seized it under the provisions of the Act that relate to the offence.\n(sec.157ZD-ssec.4) If the authorised inspector is not reasonably satisfied the thing is evidence of the commission or intended commission of an offence against the Act , the authorised inspector must return it to the searcher who must deal with it under this section.\n(sec.157ZD-ssec.5) If the searcher believes a thing seized from a person, or a thing returned under subsection (4) , is a harmful thing, the searcher must— keep it for the person and give it to the person on the person’s discharge from the public sector health service facility; or give it to someone else if the person is able to give, and has given, agreement to do so; or if the searcher is satisfied someone else is entitled to possession of the thing—give or send it to the person; or if the searcher is satisfied it is of negligible value—dispose of it in the way the person in charge of the public sector health service facility believes appropriate.\n(sec.157ZD-ssec.6) Regard must be had to a thing’s nature, condition and value in deciding— whether it is reasonable to make inquiries or efforts; and if making inquiries or efforts—what inquiries or efforts, including the period over which they are made, are reasonable.\n(sec.157ZD-ssec.7) In this section— authorised inspector , for an Act, means a person who is authorised under the Act to perform inspection and enforcement functions. seizure provisions , of an Act, means the provisions of the Act relating to the access to, and retention, disposal and forfeiture of, a thing after its seizure under the Act .\n- (a) connected with, or is evidence of, the commission or intended commission of an offence against an Act; or\n- (b) a harmful thing.\n- (a) keep it for the person and give it to the person on the person’s discharge from the public sector health service facility; or\n- (b) give it to someone else if the person is able to give, and has given, agreement to do so; or\n- (c) if the searcher is satisfied someone else is entitled to possession of the thing—give or send it to the person; or\n- (d) if the searcher is satisfied it is of negligible value—dispose of it in the way the person in charge of the public sector health service facility believes appropriate.\n- (a) whether it is reasonable to make inquiries or efforts; and\n- (b) if making inquiries or efforts—what inquiries or efforts, including the period over which they are made, are reasonable.","sortOrder":303},{"sectionNumber":"sec.157ZE","sectionType":"section","heading":"Receipt for seized thing","content":"### sec.157ZE Receipt for seized thing\n\nA person authorised under section 157Y to carry out a search must give a receipt for a thing seized to the person from whom it was seized.\nThe receipt must describe generally the thing seized and its condition.\ns 157ZE ins 2016 No. 5 s 921\n(sec.157ZE-ssec.1) A person authorised under section 157Y to carry out a search must give a receipt for a thing seized to the person from whom it was seized.\n(sec.157ZE-ssec.2) The receipt must describe generally the thing seized and its condition.","sortOrder":304},{"sectionNumber":"sec.157ZF","sectionType":"section","heading":"Access to seized thing","content":"### sec.157ZF Access to seized thing\n\nThis section applies to a thing seized on a search under section 157Y .\nUntil the thing is forfeited or returned under this part, the searcher must allow its owner to inspect it and, if it is a document, to copy it.\nSubsection (1) does not apply if it is impracticable or would be unreasonable to allow the inspection or copying.\ns 157ZF ins 2016 No. 5 s 921\n(sec.157ZF-ssec.1) This section applies to a thing seized on a search under section 157Y .\n(sec.157ZF-ssec.2) Until the thing is forfeited or returned under this part, the searcher must allow its owner to inspect it and, if it is a document, to copy it.\n(sec.157ZF-ssec.3) Subsection (1) does not apply if it is impracticable or would be unreasonable to allow the inspection or copying.","sortOrder":305},{"sectionNumber":"ch.4A-pt.7","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":306},{"sectionNumber":"sec.157ZG","sectionType":"section","heading":"Relationship with Guardianship and Administration Act 2000","content":"### sec.157ZG Relationship with Guardianship and Administration Act 2000\n\nThis chapter does not affect the operation of the Guardianship and Administration Act 2000 , section 63 in relation to providing urgent health care under that Act to a person.\ns 157ZG ins 2016 No. 5 s 921","sortOrder":307},{"sectionNumber":"ch.5-pt.1","sectionType":"part","heading":"Definitions","content":"# Definitions","sortOrder":308},{"sectionNumber":"sec.158","sectionType":"section","heading":"Definitions for ch 5","content":"### sec.158 Definitions for ch 5\n\nIn this chapter—\napproved provider means—\nfor education and care provided under the Education and Care Service National Law (Queensland) —see the Education and Care Services National Law (Queensland) , section 5 (1) ; or\nfor regulated education and care provided under the Education and Care Services Act 2013 —see the Education and Care Services Act 2013 , schedule 1 .\ns 158 def approved provider ins 2011 No. 38 s 84 (1)\nsub 2013 No. 44 s 269 sch 1 pt 2\nAustralian Immunisation Handbook , for part 2 , division 1AA , see section 160A\ns 158 def Australian Immunisation Handbook ins 2015 No. 24 s 4 (1)\ncare and treatment order means an order by a designated medical officer under section 197 .\ncarer ...\ns 158 def carer om 2013 No. 44 s 269 sch 1 pt 2\ncentre based service ...\ns 158 def centre based service om 2013 No. 44 s 269 sch 1 pt 2\nchief executive (child safety) means the chief executive of the department in which the Child Protection Act 1999 is administered.\nchild care service ...\ns 158 def child care service om 2013 No. 44 s 269 sch 1 pt 2\ncontagious condition means a contagious medical condition prescribed under a regulation as a contagious condition.\ndesignated medical officer means a doctor appointed as, or who is, a designated medical officer under section 188 .\neducation and care service means an approved education and care service under the Education and Care Services National Law (Queensland) .\ns 158 def education and care service ins 2011 No. 38 s 84 (1)\neducator —\nfor education and care provided under the Education and Care Services National Law (Queensland) —means an educator under that Law; or\nfor regulated education and care provided under the Education and Care Services Act 2013 —means an educator under that Act.\ns 158 def educator ins 2011 No. 38 s 84 (1)\nsub 2013 No. 44 s 269 sch 1 pt 2\nfamily day care co-ordinator see the Education and Care Services National Law (Queensland) , section 5 (1) .\ns 158 def family day care co-ordinator ins 2011 No. 38 s 84 (1)\nfamily day care service means an approved family day care service under the Education and Care Services National Law (Queensland) .\ns 158 def family day care service ins 2011 No. 38 s 84 (1)\nharm , to a child, means any detrimental effect on the child’s physical, psychological or emotional wellbeing—\nthat is of a significant nature; and\nthat has been caused by—\nphysical, psychological or emotional abuse or neglect; or\nsexual abuse or exploitation.\nhealth service facility means—\na public sector health service facility within the meaning of the Hospital and Health Boards Act 2011 ; or\na private health facility; or\nMater Misericordiae Public Hospitals.\ns 158 def health service facility amd 2011 No. 32 s 332 sch 1 pt 2 (amd 2012 No. 9 s 47 )\nhome based service ...\ns 158 def home based service om 2013 No. 44 s 269 sch 1 pt 2\nimmunisation history statement , for part 2 , division 1AA , see section 160A .\ns 158 def immunisation history statement ins 2015 No. 24 s 4 (1)\nimmunisation status “up to date” , for part 2 , division 1AA , see section 160A .\ns 158 def immunisation status “up to date” ins 2015 No. 24 s 4 (1)\nlicensee ...\ns 158 def licensee om 2013 No. 44 s 269 sch 1 pt 2\nparent , of a child, see section 159 .\nperson in charge —\nfor a school, means the principal of the school; or\nfor an education and care service, means—\nfor an education and care service other than a family day care service—an individual mentioned in the Education and Care Services National Law (Queensland) , section 162 (1) (a) to (c) who, in accordance with that section, is present at the service; or\nfor a family day care service—the family day care co-ordinator for the service; or\nfor a QEC approved service, means—\nthe approved provider; or\na supervisor who is present at the service.\ns 158 def person in charge amd 2011 No. 38 s 84 (2) – (3) ; 2013 No. 44 s 269 sch 1 pt 2\nprescribed period , for a contagious condition, see section 160 .\nprofessional , for part 3 , means a doctor or registered nurse.\nQEC approved service see the Education and Care Services Act 2013 , schedule 1 .\ns 158 def QEC approved service ins 2013 No. 44 s 269 sch 1 pt 2\nrecognised immunisation provider ...\ns 158 def recognised immunisation provider ins 2015 No. 24 s 4 (1)\nom 2016 No. 50 s 34 (1)\nrecognised vaccination provider , for part 2 , division 1AA , see section 160A .\ns 158 def recognised vaccination provider ins 2016 No. 50 s 34 (2)\nregistered nurse ...\ns 158 def registered nurse sub 2010 No. 14 s 124 sch\nom 2016 No. 8 s 23\nschool means a State school or non-State school within the meaning of the Education (General Provisions) Act 2006 .\ns 158 def school sub 2006 No. 39 s 512 (1) sch 1\namd 2006 No. 39 s 512 (2) sch 2\nteacher means an approved teacher under the Education (Queensland College of Teachers) Act 2005 , but does not include the principal of a school.\ns 158 def teacher amd 2006 No. 25 s 241 (2) sch 4\nvaccinated , in relation to a vaccine preventable condition, means vaccinated in the way prescribed under a regulation.\nvaccine preventable condition means a contagious condition, or another medical condition, that is prescribed under a regulation as a vaccine preventable condition.\ns 158 def vaccine preventable condition amd 2015 No. 24 s 4 (2)\n- (a) for education and care provided under the Education and Care Service National Law (Queensland) —see the Education and Care Services National Law (Queensland) , section 5 (1) ; or\n- (b) for regulated education and care provided under the Education and Care Services Act 2013 —see the Education and Care Services Act 2013 , schedule 1 .\n- (a) for education and care provided under the Education and Care Services National Law (Queensland) —means an educator under that Law; or\n- (b) for regulated education and care provided under the Education and Care Services Act 2013 —means an educator under that Act.\n- (a) that is of a significant nature; and\n- (b) that has been caused by— (i) physical, psychological or emotional abuse or neglect; or (ii) sexual abuse or exploitation.\n- (i) physical, psychological or emotional abuse or neglect; or\n- (ii) sexual abuse or exploitation.\n- (i) physical, psychological or emotional abuse or neglect; or\n- (ii) sexual abuse or exploitation.\n- (a) a public sector health service facility within the meaning of the Hospital and Health Boards Act 2011 ; or\n- (b) a private health facility; or\n- (c) Mater Misericordiae Public Hospitals.\n- (a) for a school, means the principal of the school; or\n- (b) for an education and care service, means— (i) for an education and care service other than a family day care service—an individual mentioned in the Education and Care Services National Law (Queensland) , section 162 (1) (a) to (c) who, in accordance with that section, is present at the service; or (ii) for a family day care service—the family day care co-ordinator for the service; or\n- (i) for an education and care service other than a family day care service—an individual mentioned in the Education and Care Services National Law (Queensland) , section 162 (1) (a) to (c) who, in accordance with that section, is present at the service; or\n- (ii) for a family day care service—the family day care co-ordinator for the service; or\n- (c) for a QEC approved service, means— (i) the approved provider; or (ii) a supervisor who is present at the service.\n- (i) the approved provider; or\n- (ii) a supervisor who is present at the service.\n- (i) for an education and care service other than a family day care service—an individual mentioned in the Education and Care Services National Law (Queensland) , section 162 (1) (a) to (c) who, in accordance with that section, is present at the service; or\n- (ii) for a family day care service—the family day care co-ordinator for the service; or\n- (i) the approved provider; or\n- (ii) a supervisor who is present at the service.","sortOrder":309},{"sectionNumber":"sec.159","sectionType":"section","heading":"Who is a parent","content":"### sec.159 Who is a parent\n\nFor part 2 , a parent of a child is—\nthe child’s mother, father or someone else having or exercising parental responsibility for the child; or\nfor a child who is in the custody or guardianship of the chief executive (child safety) under the Child Protection Act 1999 , the chief executive (child safety).\nFor part 3 , a parent of a child is the child’s mother, father or someone else, other than the chief executive (child safety), having or exercising parental responsibility for the child.\nIn this chapter generally, the following apply—\na parent of an Aboriginal child includes a person who, under Aboriginal tradition, is regarded as a parent of the child;\na parent of a Torres Strait Islander child includes a person who, under Island custom, is regarded as a parent of the child;\na reference in this part to the parents of a child or to 1 of the parents of a child is, if the child has only 1 parent, a reference to the parent.\n(sec.159-ssec.1) For part 2 , a parent of a child is— the child’s mother, father or someone else having or exercising parental responsibility for the child; or for a child who is in the custody or guardianship of the chief executive (child safety) under the Child Protection Act 1999 , the chief executive (child safety).\n(sec.159-ssec.2) For part 3 , a parent of a child is the child’s mother, father or someone else, other than the chief executive (child safety), having or exercising parental responsibility for the child.\n(sec.159-ssec.3) In this chapter generally, the following apply— a parent of an Aboriginal child includes a person who, under Aboriginal tradition, is regarded as a parent of the child; a parent of a Torres Strait Islander child includes a person who, under Island custom, is regarded as a parent of the child; a reference in this part to the parents of a child or to 1 of the parents of a child is, if the child has only 1 parent, a reference to the parent.\n- (a) the child’s mother, father or someone else having or exercising parental responsibility for the child; or\n- (b) for a child who is in the custody or guardianship of the chief executive (child safety) under the Child Protection Act 1999 , the chief executive (child safety).\n- (a) a parent of an Aboriginal child includes a person who, under Aboriginal tradition, is regarded as a parent of the child;\n- (b) a parent of a Torres Strait Islander child includes a person who, under Island custom, is regarded as a parent of the child;\n- (c) a reference in this part to the parents of a child or to 1 of the parents of a child is, if the child has only 1 parent, a reference to the parent.","sortOrder":310},{"sectionNumber":"sec.160","sectionType":"section","heading":"What is a prescribed period for a contagious condition","content":"### sec.160 What is a prescribed period for a contagious condition\n\nA prescribed period , for a contagious condition, means the period prescribed under subsection (2) or (3) as the prescribed period relating to the condition.\nFor a contagious condition that is not a vaccine preventable condition, a single prescribed period may be prescribed under a regulation for a child suspected under this chapter of having the condition.\nFor a vaccine preventable condition, different prescribed periods may be prescribed under a regulation for the following—\na child suspected under this chapter of having the condition;\na child who does not have the condition but who is suspected under this chapter of—\nnot having been vaccinated for the condition; and\nbeing at risk of contracting the condition if the child continues to attend a school, education and care service or QEC approved service.\ns 160 amd 2011 No. 41 s 52 ; 2013 No. 44 s 269 sch 1 pt 2\n(sec.160-ssec.1) A prescribed period , for a contagious condition, means the period prescribed under subsection (2) or (3) as the prescribed period relating to the condition.\n(sec.160-ssec.2) For a contagious condition that is not a vaccine preventable condition, a single prescribed period may be prescribed under a regulation for a child suspected under this chapter of having the condition.\n(sec.160-ssec.3) For a vaccine preventable condition, different prescribed periods may be prescribed under a regulation for the following— a child suspected under this chapter of having the condition; a child who does not have the condition but who is suspected under this chapter of— not having been vaccinated for the condition; and being at risk of contracting the condition if the child continues to attend a school, education and care service or QEC approved service.\n- (a) a child suspected under this chapter of having the condition;\n- (b) a child who does not have the condition but who is suspected under this chapter of— (i) not having been vaccinated for the condition; and (ii) being at risk of contracting the condition if the child continues to attend a school, education and care service or QEC approved service.\n- (i) not having been vaccinated for the condition; and\n- (ii) being at risk of contracting the condition if the child continues to attend a school, education and care service or QEC approved service.\n- (i) not having been vaccinated for the condition; and\n- (ii) being at risk of contracting the condition if the child continues to attend a school, education and care service or QEC approved service.","sortOrder":311},{"sectionNumber":"ch.5-pt.2","sectionType":"part","heading":"Contagious conditions","content":"# Contagious conditions","sortOrder":312},{"sectionNumber":"ch.5-pt.2-div.1AA","sectionType":"division","heading":"Exclusion of unvaccinated children from particular services","content":"## Exclusion of unvaccinated children from particular services","sortOrder":313},{"sectionNumber":"sec.160A","sectionType":"section","heading":"Definitions for div 1AA","content":"### sec.160A Definitions for div 1AA\n\nIn this division—\nAustralian Immunisation Handbook means the Australian Immunisation Handbook approved as guidelines under the National Health and Medical Research Council Act 1992 (Cwlth) , section 14A .\nimmunisation history statement means—\nan immunisation history statement as recorded on the ACI register as defined under the Australian Immunisation Register Act 2015 (Cwlth) , section 4 ; or\na statement about a child’s immunisation history given by a recognised vaccination provider.\ns 160A def immunisation history statement amd 2016 No. 50 s 35 (3) – (4)\nimmunisation status “up to date” , for a child, means the child, for each vaccine preventable condition—\nis age appropriately immunised for the condition in accordance with the recommendations stated in the Australian Immunisation Handbook; or\nis following an approved immunisation catch-up schedule for the condition developed by a recognised vaccination provider in accordance with the Australian Immunisation Handbook; or\nhas an exemption for a vaccine for the condition given by a recognised vaccination provider because of a medical contraindication to vaccination.\ns 160A def immunisation status “up to date” amd 2016 No. 50 s 35 (5)\nrecognised immunisation provider ...\ns 160A def recognised immunisation provider ins 2015 No. 24 s 4 (1)\nom 2016 No. 50 s 35 (1)\nrecognised vaccination provider , see the Australian Immunisation Register Act 2015 (Cwlth) , section 4 .\ns 160A def recognised vaccination provider ins 2016 No. 50 s 35 (2)\ns 160A ins 2015 No. 24 s 5\n- (a) an immunisation history statement as recorded on the ACI register as defined under the Australian Immunisation Register Act 2015 (Cwlth) , section 4 ; or\n- (b) a statement about a child’s immunisation history given by a recognised vaccination provider.\n- (a) is age appropriately immunised for the condition in accordance with the recommendations stated in the Australian Immunisation Handbook; or\n- (b) is following an approved immunisation catch-up schedule for the condition developed by a recognised vaccination provider in accordance with the Australian Immunisation Handbook; or\n- (c) has an exemption for a vaccine for the condition given by a recognised vaccination provider because of a medical contraindication to vaccination.","sortOrder":314},{"sectionNumber":"sec.160B","sectionType":"section","heading":"When person in charge may exclude child not yet enrolled","content":"### sec.160B When person in charge may exclude child not yet enrolled\n\nA person in charge of an education and care service or QEC approved service may in the circumstances mentioned in subsection (2) do any of the following—\nrefuse to enrol a child at the service;\nrefuse to allow a child to attend the service until an immunisation history statement stating that the child has the immunisation status “up to date” is given to a person in charge of the service;\nimpose a condition on a child’s enrolment or attendance at the service until an immunisation history statement stating that the child has the immunisation status “up to date” is given to a person in charge of the service.\nThe circumstances are—\na person in charge of the service requests a parent intending to enrol the child at the service to give to the person in charge, within a reasonable period after the request is made, an immunisation history statement stating that the child has the immunisation status “up to date”; and\non making the request, the person in charge advises the parent that the person in charge may take any of the actions mentioned in subsection (1) if the parent does not comply with the request; and\na parent of the child either—\nrefuses to comply with the request; or\ndoes not comply with the request within a reasonable period after the request is made.\nA request under subsection (2) (a) may be made in a form given to the parent for the purpose of applying to enrol the child at the service.\nA condition imposed under subsection (1) (c) —\nmust be relevant to the immunisation status of the child; and\nmay be a condition that the child’s enrolment at the service will be cancelled if a parent of the child does not give a person in charge of the service an immunisation history statement stating that the child has the immunisation status “up to date”.\ns 160B ins 2015 No. 24 s 5\n(sec.160B-ssec.1) A person in charge of an education and care service or QEC approved service may in the circumstances mentioned in subsection (2) do any of the following— refuse to enrol a child at the service; refuse to allow a child to attend the service until an immunisation history statement stating that the child has the immunisation status “up to date” is given to a person in charge of the service; impose a condition on a child’s enrolment or attendance at the service until an immunisation history statement stating that the child has the immunisation status “up to date” is given to a person in charge of the service.\n(sec.160B-ssec.2) The circumstances are— a person in charge of the service requests a parent intending to enrol the child at the service to give to the person in charge, within a reasonable period after the request is made, an immunisation history statement stating that the child has the immunisation status “up to date”; and on making the request, the person in charge advises the parent that the person in charge may take any of the actions mentioned in subsection (1) if the parent does not comply with the request; and a parent of the child either— refuses to comply with the request; or does not comply with the request within a reasonable period after the request is made.\n(sec.160B-ssec.3) A request under subsection (2) (a) may be made in a form given to the parent for the purpose of applying to enrol the child at the service.\n(sec.160B-ssec.4) A condition imposed under subsection (1) (c) — must be relevant to the immunisation status of the child; and may be a condition that the child’s enrolment at the service will be cancelled if a parent of the child does not give a person in charge of the service an immunisation history statement stating that the child has the immunisation status “up to date”.\n- (a) refuse to enrol a child at the service;\n- (b) refuse to allow a child to attend the service until an immunisation history statement stating that the child has the immunisation status “up to date” is given to a person in charge of the service;\n- (c) impose a condition on a child’s enrolment or attendance at the service until an immunisation history statement stating that the child has the immunisation status “up to date” is given to a person in charge of the service.\n- (a) a person in charge of the service requests a parent intending to enrol the child at the service to give to the person in charge, within a reasonable period after the request is made, an immunisation history statement stating that the child has the immunisation status “up to date”; and\n- (b) on making the request, the person in charge advises the parent that the person in charge may take any of the actions mentioned in subsection (1) if the parent does not comply with the request; and\n- (c) a parent of the child either— (i) refuses to comply with the request; or (ii) does not comply with the request within a reasonable period after the request is made.\n- (i) refuses to comply with the request; or\n- (ii) does not comply with the request within a reasonable period after the request is made.\n- (i) refuses to comply with the request; or\n- (ii) does not comply with the request within a reasonable period after the request is made.\n- (a) must be relevant to the immunisation status of the child; and\n- (b) may be a condition that the child’s enrolment at the service will be cancelled if a parent of the child does not give a person in charge of the service an immunisation history statement stating that the child has the immunisation status “up to date”.","sortOrder":315},{"sectionNumber":"sec.160C","sectionType":"section","heading":"When person in charge may exclude enrolled child","content":"### sec.160C When person in charge may exclude enrolled child\n\nA person in charge of an education and care service or QEC approved service may in the circumstances mentioned in subsection (2) do any of the following—\ncancel a child’s enrolment at the service;\nrefuse to allow a child enrolled at the service to attend the service until an immunisation history statement stating that the child has the immunisation status “up to date” is given to a person in charge of the service;\nimpose a condition on a child’s enrolment or attendance at the service until an immunisation history statement stating that the child has the immunisation status “up to date” is given to a person in charge of the service.\nThe circumstances are—\na person in charge of the service requests a parent of the child to give to the person in charge, within a stated period of at least 4 weeks after the request is made, an immunisation history statement stating that the child has the immunisation status “up to date”; and\nthe request is made after the child has reached the age stated in the National Immunisation Program Schedule Queensland, for a vaccine preventable condition, at which it is recommended the child be immunised or further immunised against the condition; and\non making the request, the person in charge advises the parent that the person in charge may take any of the actions mentioned in subsection (1) if the parent does not comply with the request; and\na parent of the child does not comply with the request within the stated period for the request.\nA condition imposed under subsection (1) (c) must be relevant to the immunisation status of the child.\nIn this section—\nNational Immunisation Program Schedule Queensland means the schedule for age appropriate immunisation for vaccine preventable conditions recommended by the department and published on the department’s website.\ns 160C ins 2015 No. 24 s 5\n(sec.160C-ssec.1) A person in charge of an education and care service or QEC approved service may in the circumstances mentioned in subsection (2) do any of the following— cancel a child’s enrolment at the service; refuse to allow a child enrolled at the service to attend the service until an immunisation history statement stating that the child has the immunisation status “up to date” is given to a person in charge of the service; impose a condition on a child’s enrolment or attendance at the service until an immunisation history statement stating that the child has the immunisation status “up to date” is given to a person in charge of the service.\n(sec.160C-ssec.2) The circumstances are— a person in charge of the service requests a parent of the child to give to the person in charge, within a stated period of at least 4 weeks after the request is made, an immunisation history statement stating that the child has the immunisation status “up to date”; and the request is made after the child has reached the age stated in the National Immunisation Program Schedule Queensland, for a vaccine preventable condition, at which it is recommended the child be immunised or further immunised against the condition; and on making the request, the person in charge advises the parent that the person in charge may take any of the actions mentioned in subsection (1) if the parent does not comply with the request; and a parent of the child does not comply with the request within the stated period for the request.\n(sec.160C-ssec.3) A condition imposed under subsection (1) (c) must be relevant to the immunisation status of the child.\n(sec.160C-ssec.4) In this section— National Immunisation Program Schedule Queensland means the schedule for age appropriate immunisation for vaccine preventable conditions recommended by the department and published on the department’s website.\n- (a) cancel a child’s enrolment at the service;\n- (b) refuse to allow a child enrolled at the service to attend the service until an immunisation history statement stating that the child has the immunisation status “up to date” is given to a person in charge of the service;\n- (c) impose a condition on a child’s enrolment or attendance at the service until an immunisation history statement stating that the child has the immunisation status “up to date” is given to a person in charge of the service.\n- (a) a person in charge of the service requests a parent of the child to give to the person in charge, within a stated period of at least 4 weeks after the request is made, an immunisation history statement stating that the child has the immunisation status “up to date”; and\n- (b) the request is made after the child has reached the age stated in the National Immunisation Program Schedule Queensland, for a vaccine preventable condition, at which it is recommended the child be immunised or further immunised against the condition; and\n- (c) on making the request, the person in charge advises the parent that the person in charge may take any of the actions mentioned in subsection (1) if the parent does not comply with the request; and\n- (d) a parent of the child does not comply with the request within the stated period for the request.","sortOrder":316},{"sectionNumber":"sec.160D","sectionType":"section","heading":"Immunisation status of children allowed to attend without statement","content":"### sec.160D Immunisation status of children allowed to attend without statement\n\nThis section applies if a person in charge of an education and care service or QEC approved service decides—\nto enrol a child despite not being given, under section 160B , an immunisation history statement stating that the child has the immunisation status “up to date”; or\nto allow a child to attend the service despite not being given, under section 160B or 160C , an immunisation history statement stating that the child has the immunisation status “up to date”.\nFor each provision of this part, until the day on which an immunisation history statement stating that the child has the immunisation status “up to date” is given to a person in charge of the service, the child is taken not to be vaccinated.\ns 160D ins 2015 No. 24 s 5\n(sec.160D-ssec.1) This section applies if a person in charge of an education and care service or QEC approved service decides— to enrol a child despite not being given, under section 160B , an immunisation history statement stating that the child has the immunisation status “up to date”; or to allow a child to attend the service despite not being given, under section 160B or 160C , an immunisation history statement stating that the child has the immunisation status “up to date”.\n(sec.160D-ssec.2) For each provision of this part, until the day on which an immunisation history statement stating that the child has the immunisation status “up to date” is given to a person in charge of the service, the child is taken not to be vaccinated.\n- (a) to enrol a child despite not being given, under section 160B , an immunisation history statement stating that the child has the immunisation status “up to date”; or\n- (b) to allow a child to attend the service despite not being given, under section 160B or 160C , an immunisation history statement stating that the child has the immunisation status “up to date”.","sortOrder":317},{"sectionNumber":"ch.5-pt.2-div.1","sectionType":"division","heading":"Directions about attendance of children at a school, education and care service or QEC approved service","content":"## Directions about attendance of children at a school, education and care service or QEC approved service","sortOrder":318},{"sectionNumber":"sec.161","sectionType":"section","heading":"When parent must not send a child to school, education and care service or QEC approved service","content":"### sec.161 When parent must not send a child to school, education and care service or QEC approved service\n\nThis section applies if—\na parent knows or ought reasonably to know that the parent’s child has, or may have, a contagious condition; or\na person in charge of a school, education and care service or QEC approved service has directed the parent to remove the child from, and not to send the child to, the school or service during the prescribed period for the condition, under section 164 , 166 or 169 .\nThe parent must not send the child to any school, education and care service or QEC approved service during the prescribed period for the condition.\ns 161 amd 2011 No. 38 s 86 ; 2011 No. 41 s 53 ; 2013 No. 44 s 269 sch 1 pt 2\n(sec.161-ssec.1) This section applies if— a parent knows or ought reasonably to know that the parent’s child has, or may have, a contagious condition; or a person in charge of a school, education and care service or QEC approved service has directed the parent to remove the child from, and not to send the child to, the school or service during the prescribed period for the condition, under section 164 , 166 or 169 .\n(sec.161-ssec.2) The parent must not send the child to any school, education and care service or QEC approved service during the prescribed period for the condition.\n- (a) a parent knows or ought reasonably to know that the parent’s child has, or may have, a contagious condition; or\n- (b) a person in charge of a school, education and care service or QEC approved service has directed the parent to remove the child from, and not to send the child to, the school or service during the prescribed period for the condition, under section 164 , 166 or 169 .","sortOrder":319},{"sectionNumber":"sec.162","sectionType":"section","heading":"When teacher or educator must advise person in charge","content":"### sec.162 When teacher or educator must advise person in charge\n\nThis section applies if a person who is a teacher or educator reasonably suspects a child attending the person’s school, education and care service or QEC approved service has, or may have, a contagious condition.\nThe person must advise the person in charge about the person’s suspicion.\ns 162 sub 2011 No. 38 s 87\namd 2011 No. 41 s 54 ; 2013 No. 44 s 269 sch 1 pt 2\n(sec.162-ssec.1) This section applies if a person who is a teacher or educator reasonably suspects a child attending the person’s school, education and care service or QEC approved service has, or may have, a contagious condition.\n(sec.162-ssec.2) The person must advise the person in charge about the person’s suspicion.","sortOrder":320},{"sectionNumber":"sec.163","sectionType":"section","heading":"Person in charge may advise parent about suspicion of contagious condition","content":"### sec.163 Person in charge may advise parent about suspicion of contagious condition\n\nThis section applies if a person in charge of a school, education and care service or QEC approved service reasonably suspects—\nthat a child attending the school or service has, or may have, a contagious condition; and\nthat other children attending the school or service may be at risk of contracting the contagious condition.\nThe person in charge may advise at least 1 of the child’s parents—\nof the suspicion of the person in charge; and\nof the parent’s obligation under section 161 (1) (a) and (2) not to send the child to the school, education and care service or QEC approved service.\ns 163 amd 2011 No. 38 s 88 ; 2011 No. 41 s 55 ; 2013 No. 44 s 269 sch 1 pt 2\n(sec.163-ssec.1) This section applies if a person in charge of a school, education and care service or QEC approved service reasonably suspects— that a child attending the school or service has, or may have, a contagious condition; and that other children attending the school or service may be at risk of contracting the contagious condition.\n(sec.163-ssec.2) The person in charge may advise at least 1 of the child’s parents— of the suspicion of the person in charge; and of the parent’s obligation under section 161 (1) (a) and (2) not to send the child to the school, education and care service or QEC approved service.\n- (a) that a child attending the school or service has, or may have, a contagious condition; and\n- (b) that other children attending the school or service may be at risk of contracting the contagious condition.\n- (a) of the suspicion of the person in charge; and\n- (b) of the parent’s obligation under section 161 (1) (a) and (2) not to send the child to the school, education and care service or QEC approved service.","sortOrder":321},{"sectionNumber":"sec.164","sectionType":"section","heading":"Person in charge may direct parent not to send child to school, education and care service or QEC approved service","content":"### sec.164 Person in charge may direct parent not to send child to school, education and care service or QEC approved service\n\nThis section applies if—\na person in charge of a school, education and care service or QEC approved service has advised a parent under section 163 (2) about the parent’s child; and\nthe child continues to attend the school or service or the parent tells the person in charge that the parent’s child will continue to attend the school or service; and\nthe person in charge reasonably suspects that the child still has, or may have, the contagious condition and that other children attending the school or service may be at risk of contracting the condition if the child continues to attend the school or service.\nThe person in charge may direct the parent—\nto remove the child from the school, education and care service or QEC approved service as soon as reasonably practicable; and\nnot to send the child to the school or service during the prescribed period for the condition applying to the child.\nHowever, the person in charge must consult a doctor or another person authorised by the chief executive for advice before taking action under subsection (2) .\ns 164 amd 2011 No. 38 s 89 ; 2011 No. 41 s 56 ; 2013 No. 44 s 269 sch 1 pt 2\n(sec.164-ssec.1) This section applies if— a person in charge of a school, education and care service or QEC approved service has advised a parent under section 163 (2) about the parent’s child; and the child continues to attend the school or service or the parent tells the person in charge that the parent’s child will continue to attend the school or service; and the person in charge reasonably suspects that the child still has, or may have, the contagious condition and that other children attending the school or service may be at risk of contracting the condition if the child continues to attend the school or service.\n(sec.164-ssec.2) The person in charge may direct the parent— to remove the child from the school, education and care service or QEC approved service as soon as reasonably practicable; and not to send the child to the school or service during the prescribed period for the condition applying to the child.\n(sec.164-ssec.3) However, the person in charge must consult a doctor or another person authorised by the chief executive for advice before taking action under subsection (2) .\n- (a) a person in charge of a school, education and care service or QEC approved service has advised a parent under section 163 (2) about the parent’s child; and\n- (b) the child continues to attend the school or service or the parent tells the person in charge that the parent’s child will continue to attend the school or service; and\n- (c) the person in charge reasonably suspects that the child still has, or may have, the contagious condition and that other children attending the school or service may be at risk of contracting the condition if the child continues to attend the school or service.\n- (a) to remove the child from the school, education and care service or QEC approved service as soon as reasonably practicable; and\n- (b) not to send the child to the school or service during the prescribed period for the condition applying to the child.","sortOrder":322},{"sectionNumber":"sec.165","sectionType":"section","heading":"Person in charge may advise parent of child not vaccinated about suspicion of vaccine preventable condition","content":"### sec.165 Person in charge may advise parent of child not vaccinated about suspicion of vaccine preventable condition\n\nThis section applies if the person in charge of a school, education and care service or QEC approved service reasonably suspects that a child attending the school or service—\nhas not been vaccinated for a vaccine preventable condition; and\nmay be at risk of contracting the condition if the child continues to attend the school or service.\nThe person in charge may advise at least 1 of the child’s parents of the suspicion.\ns 165 amd 2011 No. 38 s 90 ; 2011 No. 41 s 57 ; 2013 No. 44 s 269 sch 1 pt 2\n(sec.165-ssec.1) This section applies if the person in charge of a school, education and care service or QEC approved service reasonably suspects that a child attending the school or service— has not been vaccinated for a vaccine preventable condition; and may be at risk of contracting the condition if the child continues to attend the school or service.\n(sec.165-ssec.2) The person in charge may advise at least 1 of the child’s parents of the suspicion.\n- (a) has not been vaccinated for a vaccine preventable condition; and\n- (b) may be at risk of contracting the condition if the child continues to attend the school or service.","sortOrder":323},{"sectionNumber":"sec.166","sectionType":"section","heading":"Person in charge may direct parent not to send child to school, education and care service or QEC approved service","content":"### sec.166 Person in charge may direct parent not to send child to school, education and care service or QEC approved service\n\nThis section applies if—\na person in charge of a school, education and care service or QEC approved service has advised a parent under section 165 (2) about the parent’s child; and\nthe child continues to attend the school or service or the parent tells the person in charge that the parent’s child will continue to attend the school or service; and\nthe person in charge reasonably suspects that the child will be at risk of contracting the contagious condition if the child continues to attend the school or service.\nThe person in charge may direct the parent—\nto remove the child from the school, education and care service or QEC approved service as soon as reasonably practicable; and\nnot to send the child to the school or service during the prescribed period for the condition applying to the child.\nHowever, the person in charge must consult a doctor or another person authorised by the chief executive for advice before taking action under subsection (2) .\ns 166 amd 2011 No. 38 s 91 ; 2013 No. 44 s 269 sch 1 pt 2\n(sec.166-ssec.1) This section applies if— a person in charge of a school, education and care service or QEC approved service has advised a parent under section 165 (2) about the parent’s child; and the child continues to attend the school or service or the parent tells the person in charge that the parent’s child will continue to attend the school or service; and the person in charge reasonably suspects that the child will be at risk of contracting the contagious condition if the child continues to attend the school or service.\n(sec.166-ssec.2) The person in charge may direct the parent— to remove the child from the school, education and care service or QEC approved service as soon as reasonably practicable; and not to send the child to the school or service during the prescribed period for the condition applying to the child.\n(sec.166-ssec.3) However, the person in charge must consult a doctor or another person authorised by the chief executive for advice before taking action under subsection (2) .\n- (a) a person in charge of a school, education and care service or QEC approved service has advised a parent under section 165 (2) about the parent’s child; and\n- (b) the child continues to attend the school or service or the parent tells the person in charge that the parent’s child will continue to attend the school or service; and\n- (c) the person in charge reasonably suspects that the child will be at risk of contracting the contagious condition if the child continues to attend the school or service.\n- (a) to remove the child from the school, education and care service or QEC approved service as soon as reasonably practicable; and\n- (b) not to send the child to the school or service during the prescribed period for the condition applying to the child.","sortOrder":324},{"sectionNumber":"sec.167","sectionType":"section","heading":"Chief executive may authorise examination of children at school, education and care service or QEC approved service","content":"### sec.167 Chief executive may authorise examination of children at school, education and care service or QEC approved service\n\nThis section applies if the chief executive—\nreasonably suspects that some or all of the children attending a school, education and care service or QEC approved service should be examined by a doctor because a child attending the school or service has, or may have, a contagious condition; and\nhas consulted the person in charge of the school or service about the examinations.\nThe chief executive may arrange for a doctor to examine some or all of the children attending the school or service to decide whether the children have, or may have, the condition.\nBefore the examinations take place the chief executive must give the person in charge of the school or service notice of the following—\nthe date and time of the examinations;\nthe contagious condition for which examinations are to be conducted;\nthe children, or class of children, to be examined;\nthe name and contact details of the doctor who is to conduct the examinations.\nHowever, a child must not be examined without the consent of a parent of the child.\ns 167 amd 2011 No. 38 s 92 ; 2011 No. 41 s 58 ; 2013 No. 44 s 269 sch 1 pt 2\n(sec.167-ssec.1) This section applies if the chief executive— reasonably suspects that some or all of the children attending a school, education and care service or QEC approved service should be examined by a doctor because a child attending the school or service has, or may have, a contagious condition; and has consulted the person in charge of the school or service about the examinations.\n(sec.167-ssec.2) The chief executive may arrange for a doctor to examine some or all of the children attending the school or service to decide whether the children have, or may have, the condition.\n(sec.167-ssec.3) Before the examinations take place the chief executive must give the person in charge of the school or service notice of the following— the date and time of the examinations; the contagious condition for which examinations are to be conducted; the children, or class of children, to be examined; the name and contact details of the doctor who is to conduct the examinations.\n(sec.167-ssec.4) However, a child must not be examined without the consent of a parent of the child.\n- (a) reasonably suspects that some or all of the children attending a school, education and care service or QEC approved service should be examined by a doctor because a child attending the school or service has, or may have, a contagious condition; and\n- (b) has consulted the person in charge of the school or service about the examinations.\n- (a) the date and time of the examinations;\n- (b) the contagious condition for which examinations are to be conducted;\n- (c) the children, or class of children, to be examined;\n- (d) the name and contact details of the doctor who is to conduct the examinations.","sortOrder":325},{"sectionNumber":"sec.168","sectionType":"section","heading":"Chief executive must advise parent about examination","content":"### sec.168 Chief executive must advise parent about examination\n\nIf a child is to be examined under section 167 , the chief executive must advise at least 1 of the child’s parents of the following—\nthe date and time of the examination;\nthe contagious condition for which the examination is to be conducted;\nthe name and contact details of the doctor who is to conduct the examination;\nthat the child’s parents may be present when the child is examined;\nthat the examination may not be conducted without the consent of the parent;\nthat the parent may, on or before the date of the examination—\nhave the child examined by another doctor to decide whether the child has, or may have, the condition; and\ngive the person in charge a certificate by the other doctor stating whether or not the child has or may have the condition and, if the child has or may have the condition, whether the prescribed period for the condition has ended;\nthat the parent may be directed to remove the child from, and not to send the child to, the school or service if—\nthe child has not been examined—\nby the doctor arranged by the chief executive; or\nby another doctor chosen by the parent and a certificate provided under paragraph (f) ; or\nan examination reveals the child has, or may have, the condition.\n- (a) the date and time of the examination;\n- (b) the contagious condition for which the examination is to be conducted;\n- (c) the name and contact details of the doctor who is to conduct the examination;\n- (d) that the child’s parents may be present when the child is examined;\n- (e) that the examination may not be conducted without the consent of the parent;\n- (f) that the parent may, on or before the date of the examination— (i) have the child examined by another doctor to decide whether the child has, or may have, the condition; and (ii) give the person in charge a certificate by the other doctor stating whether or not the child has or may have the condition and, if the child has or may have the condition, whether the prescribed period for the condition has ended;\n- (i) have the child examined by another doctor to decide whether the child has, or may have, the condition; and\n- (ii) give the person in charge a certificate by the other doctor stating whether or not the child has or may have the condition and, if the child has or may have the condition, whether the prescribed period for the condition has ended;\n- (g) that the parent may be directed to remove the child from, and not to send the child to, the school or service if— (i) the child has not been examined— (A) by the doctor arranged by the chief executive; or (B) by another doctor chosen by the parent and a certificate provided under paragraph (f) ; or (ii) an examination reveals the child has, or may have, the condition.\n- (i) the child has not been examined— (A) by the doctor arranged by the chief executive; or (B) by another doctor chosen by the parent and a certificate provided under paragraph (f) ; or\n- (A) by the doctor arranged by the chief executive; or\n- (B) by another doctor chosen by the parent and a certificate provided under paragraph (f) ; or\n- (ii) an examination reveals the child has, or may have, the condition.\n- (i) have the child examined by another doctor to decide whether the child has, or may have, the condition; and\n- (ii) give the person in charge a certificate by the other doctor stating whether or not the child has or may have the condition and, if the child has or may have the condition, whether the prescribed period for the condition has ended;\n- (i) the child has not been examined— (A) by the doctor arranged by the chief executive; or (B) by another doctor chosen by the parent and a certificate provided under paragraph (f) ; or\n- (A) by the doctor arranged by the chief executive; or\n- (B) by another doctor chosen by the parent and a certificate provided under paragraph (f) ; or\n- (ii) an examination reveals the child has, or may have, the condition.\n- (A) by the doctor arranged by the chief executive; or\n- (B) by another doctor chosen by the parent and a certificate provided under paragraph (f) ; or","sortOrder":326},{"sectionNumber":"sec.169","sectionType":"section","heading":"Chief executive may direct person in charge in relation to child","content":"### sec.169 Chief executive may direct person in charge in relation to child\n\nThis section applies if—\na doctor who examines a child under section 167 attending a school, education and care service or QEC approved service advises the chief executive that—\nthe child has, or may have, a contagious condition; and\nthe prescribed period for the condition has not ended; or\na parent of a child has been advised under section 168 but the child has not been examined—\nby the doctor arranged by the chief executive; or\nby another doctor chosen by the parent and a certificate provided by that doctor stating that the child does not have the contagious condition or the prescribed period for the condition has ended; or\nthe chief executive reasonably suspects that a child attending a school, education and care service or QEC approved service has, or may have, a contagious condition and the prescribed period for the condition has not ended; or\nthe chief executive reasonably suspects that a child attending a school, education and care service or QEC approved service—\nhas not been vaccinated for a vaccine preventable condition; and\nwill be at risk of contracting the condition if the child continues to attend the school or service.\nThe chief executive may direct the person in charge of the school, education and care service or QEC approved service to direct the parent of the child to remove the child from, and not to send the child to, the school or service for the prescribed period for the condition.\nIf directed by the chief executive under subsection (2) , the person in charge of the school, education and care service or QEC approved service must comply with the direction, unless the person in charge has a reasonable excuse.\nMaximum penalty—50 penalty units.\nA direction by the chief executive under subsection (2) —\nmust be given in writing, if practicable; and\nmust include the information mentioned in section 170 (2) .\nIf it is not practicable to give the direction in writing, the chief executive may give the direction orally but must confirm it in writing as soon as practicable thereafter.\ns 169 amd 2011 No. 38 s 93 ; 2011 No. 41 s 59 ; 2013 No. 44 s 269 sch 1 pt 2\n(sec.169-ssec.1) This section applies if— a doctor who examines a child under section 167 attending a school, education and care service or QEC approved service advises the chief executive that— the child has, or may have, a contagious condition; and the prescribed period for the condition has not ended; or a parent of a child has been advised under section 168 but the child has not been examined— by the doctor arranged by the chief executive; or by another doctor chosen by the parent and a certificate provided by that doctor stating that the child does not have the contagious condition or the prescribed period for the condition has ended; or the chief executive reasonably suspects that a child attending a school, education and care service or QEC approved service has, or may have, a contagious condition and the prescribed period for the condition has not ended; or the chief executive reasonably suspects that a child attending a school, education and care service or QEC approved service— has not been vaccinated for a vaccine preventable condition; and will be at risk of contracting the condition if the child continues to attend the school or service.\n(sec.169-ssec.2) The chief executive may direct the person in charge of the school, education and care service or QEC approved service to direct the parent of the child to remove the child from, and not to send the child to, the school or service for the prescribed period for the condition.\n(sec.169-ssec.3) If directed by the chief executive under subsection (2) , the person in charge of the school, education and care service or QEC approved service must comply with the direction, unless the person in charge has a reasonable excuse. Maximum penalty—50 penalty units.\n(sec.169-ssec.4) A direction by the chief executive under subsection (2) — must be given in writing, if practicable; and must include the information mentioned in section 170 (2) .\n(sec.169-ssec.5) If it is not practicable to give the direction in writing, the chief executive may give the direction orally but must confirm it in writing as soon as practicable thereafter.\n- (a) a doctor who examines a child under section 167 attending a school, education and care service or QEC approved service advises the chief executive that— (i) the child has, or may have, a contagious condition; and (ii) the prescribed period for the condition has not ended; or\n- (i) the child has, or may have, a contagious condition; and\n- (ii) the prescribed period for the condition has not ended; or\n- (b) a parent of a child has been advised under section 168 but the child has not been examined— (i) by the doctor arranged by the chief executive; or (ii) by another doctor chosen by the parent and a certificate provided by that doctor stating that the child does not have the contagious condition or the prescribed period for the condition has ended; or\n- (i) by the doctor arranged by the chief executive; or\n- (ii) by another doctor chosen by the parent and a certificate provided by that doctor stating that the child does not have the contagious condition or the prescribed period for the condition has ended; or\n- (c) the chief executive reasonably suspects that a child attending a school, education and care service or QEC approved service has, or may have, a contagious condition and the prescribed period for the condition has not ended; or\n- (d) the chief executive reasonably suspects that a child attending a school, education and care service or QEC approved service— (i) has not been vaccinated for a vaccine preventable condition; and (ii) will be at risk of contracting the condition if the child continues to attend the school or service.\n- (i) has not been vaccinated for a vaccine preventable condition; and\n- (ii) will be at risk of contracting the condition if the child continues to attend the school or service.\n- (i) the child has, or may have, a contagious condition; and\n- (ii) the prescribed period for the condition has not ended; or\n- (i) by the doctor arranged by the chief executive; or\n- (ii) by another doctor chosen by the parent and a certificate provided by that doctor stating that the child does not have the contagious condition or the prescribed period for the condition has ended; or\n- (i) has not been vaccinated for a vaccine preventable condition; and\n- (ii) will be at risk of contracting the condition if the child continues to attend the school or service.\n- (a) must be given in writing, if practicable; and\n- (b) must include the information mentioned in section 170 (2) .","sortOrder":327},{"sectionNumber":"sec.170","sectionType":"section","heading":"Person in charge must include information in direction","content":"### sec.170 Person in charge must include information in direction\n\nThis section applies if a person in charge of a school, education and care service or QEC approved service—\ndecides to direct a parent under section 164 or 166 ; or\nmust direct a parent because of a direction by the chief executive under section 169 .\nThe person in charge must include the following information in the direction—\nthe suspected contagious condition that led to the direction;\nthe prescribed period for the condition;\nthe circumstances in which the child concerned may be readmitted to the school or service.\ns 170 amd 2011 No. 38 s 94 ; 2013 No. 44 s 269 sch 1 pt 2\n(sec.170-ssec.1) This section applies if a person in charge of a school, education and care service or QEC approved service— decides to direct a parent under section 164 or 166 ; or must direct a parent because of a direction by the chief executive under section 169 .\n(sec.170-ssec.2) The person in charge must include the following information in the direction— the suspected contagious condition that led to the direction; the prescribed period for the condition; the circumstances in which the child concerned may be readmitted to the school or service.\n- (a) decides to direct a parent under section 164 or 166 ; or\n- (b) must direct a parent because of a direction by the chief executive under section 169 .\n- (a) the suspected contagious condition that led to the direction;\n- (b) the prescribed period for the condition;\n- (c) the circumstances in which the child concerned may be readmitted to the school or service.","sortOrder":328},{"sectionNumber":"sec.171","sectionType":"section","heading":"When person in charge may readmit child before prescribed period ends","content":"### sec.171 When person in charge may readmit child before prescribed period ends\n\nSubsection (2) applies if a child is not attending a school, education and care service or QEC approved service because of a direction by the person in charge under section 164 or 166 .\nThe person in charge of the school, education and care service or QEC approved service may readmit the child to the school or service if—\nfor a child mentioned in section 164 , a certificate signed by a doctor is produced to the person in charge stating—\nthat the child does not have the condition; or\nthat the prescribed period for the condition has ended; or\nfor a child mentioned in section 166 , the person in charge is satisfied on reasonable grounds that the child no longer continues to be at risk of contracting the contagious condition.\nSubsection (4) applies if a child is not attending a school, education and care service or QEC approved service because of a direction by the person in charge after a direction of the chief executive under section 169 .\nThe person in charge of the school or service may readmit the child only if directed to do so by the chief executive.\nThe chief executive may give the direction if—\nfor a child suspected of having a contagious condition, the chief executive is satisfied a certificate signed by a doctor has been given to the person in charge stating—\nthat the child does not have the condition; or\nthat the prescribed period for the condition has ended; or\nfor a child mentioned in section 169 (2) (b) , the chief executive is satisfied on reasonable grounds that the child no longer continues to be at risk of contracting the contagious condition.\ns 171 amd 2011 No. 38 s 95 ; 2013 No. 44 s 269 sch 1 pt 2\n(sec.171-ssec.1) Subsection (2) applies if a child is not attending a school, education and care service or QEC approved service because of a direction by the person in charge under section 164 or 166 .\n(sec.171-ssec.2) The person in charge of the school, education and care service or QEC approved service may readmit the child to the school or service if— for a child mentioned in section 164 , a certificate signed by a doctor is produced to the person in charge stating— that the child does not have the condition; or that the prescribed period for the condition has ended; or for a child mentioned in section 166 , the person in charge is satisfied on reasonable grounds that the child no longer continues to be at risk of contracting the contagious condition.\n(sec.171-ssec.3) Subsection (4) applies if a child is not attending a school, education and care service or QEC approved service because of a direction by the person in charge after a direction of the chief executive under section 169 .\n(sec.171-ssec.4) The person in charge of the school or service may readmit the child only if directed to do so by the chief executive.\n(sec.171-ssec.5) The chief executive may give the direction if— for a child suspected of having a contagious condition, the chief executive is satisfied a certificate signed by a doctor has been given to the person in charge stating— that the child does not have the condition; or that the prescribed period for the condition has ended; or for a child mentioned in section 169 (2) (b) , the chief executive is satisfied on reasonable grounds that the child no longer continues to be at risk of contracting the contagious condition.\n- (a) for a child mentioned in section 164 , a certificate signed by a doctor is produced to the person in charge stating— (i) that the child does not have the condition; or (ii) that the prescribed period for the condition has ended; or\n- (i) that the child does not have the condition; or\n- (ii) that the prescribed period for the condition has ended; or\n- (b) for a child mentioned in section 166 , the person in charge is satisfied on reasonable grounds that the child no longer continues to be at risk of contracting the contagious condition.\n- (i) that the child does not have the condition; or\n- (ii) that the prescribed period for the condition has ended; or\n- (a) for a child suspected of having a contagious condition, the chief executive is satisfied a certificate signed by a doctor has been given to the person in charge stating— (i) that the child does not have the condition; or (ii) that the prescribed period for the condition has ended; or\n- (i) that the child does not have the condition; or\n- (ii) that the prescribed period for the condition has ended; or\n- (b) for a child mentioned in section 169 (2) (b) , the chief executive is satisfied on reasonable grounds that the child no longer continues to be at risk of contracting the contagious condition.\n- (i) that the child does not have the condition; or\n- (ii) that the prescribed period for the condition has ended; or","sortOrder":329},{"sectionNumber":"ch.5-pt.2-div.2","sectionType":"division","heading":"Information sharing","content":"## Information sharing","sortOrder":330},{"sectionNumber":"sec.172","sectionType":"section","heading":"Chief executive may require details if child suspected of having a contagious condition","content":"### sec.172 Chief executive may require details if child suspected of having a contagious condition\n\nThis section applies if the chief executive reasonably suspects—\nthat a child (the first child ) attending a school, education and care service or QEC approved service has, or may have, a contagious condition; and\nthat other children attending the school or service may be at risk of contracting the contagious condition.\nThe chief executive may require a person in charge of the school, education and care service or QEC approved service to give the chief executive, to the extent it is available to the person in charge—\ninformation about the contact the first child has had with other children attending the school or service; and\nthe following information for the first child and each other child with whom the first child has had contact—\nthe child’s full name;\nthe child’s place and date of birth;\nthe child’s residential address;\ncontact details for at least 1 of the child’s parents;\nif the contagious condition is a vaccine preventable condition, whether the child has been vaccinated for the condition.\nThe person in charge of a school, education and care service or QEC approved service must comply with a requirement of the chief executive under subsection (2) .\nMaximum penalty—50 penalty units.\nThis section applies despite any other provision of this Act or any provision of another law that deals with confidentiality, including, for example, the Education and Care Services Act 2013 , section 130 and the Education (General Provisions) Act 2006 , section 426 .\ns 172 amd 2006 No. 39 s 512 (1) sch 1 ; 2011 No. 38 s 96 ; 2011 No. 41 s 60 ; 2013 No. 44 s 269 sch 1 pt 2\n(sec.172-ssec.1) This section applies if the chief executive reasonably suspects— that a child (the first child ) attending a school, education and care service or QEC approved service has, or may have, a contagious condition; and that other children attending the school or service may be at risk of contracting the contagious condition.\n(sec.172-ssec.2) The chief executive may require a person in charge of the school, education and care service or QEC approved service to give the chief executive, to the extent it is available to the person in charge— information about the contact the first child has had with other children attending the school or service; and the following information for the first child and each other child with whom the first child has had contact— the child’s full name; the child’s place and date of birth; the child’s residential address; contact details for at least 1 of the child’s parents; if the contagious condition is a vaccine preventable condition, whether the child has been vaccinated for the condition.\n(sec.172-ssec.3) The person in charge of a school, education and care service or QEC approved service must comply with a requirement of the chief executive under subsection (2) . Maximum penalty—50 penalty units.\n(sec.172-ssec.4) This section applies despite any other provision of this Act or any provision of another law that deals with confidentiality, including, for example, the Education and Care Services Act 2013 , section 130 and the Education (General Provisions) Act 2006 , section 426 .\n- (a) that a child (the first child ) attending a school, education and care service or QEC approved service has, or may have, a contagious condition; and\n- (b) that other children attending the school or service may be at risk of contracting the contagious condition.\n- (a) information about the contact the first child has had with other children attending the school or service; and\n- (b) the following information for the first child and each other child with whom the first child has had contact— (i) the child’s full name; (ii) the child’s place and date of birth; (iii) the child’s residential address; (iv) contact details for at least 1 of the child’s parents; (v) if the contagious condition is a vaccine preventable condition, whether the child has been vaccinated for the condition.\n- (i) the child’s full name;\n- (ii) the child’s place and date of birth;\n- (iii) the child’s residential address;\n- (iv) contact details for at least 1 of the child’s parents;\n- (v) if the contagious condition is a vaccine preventable condition, whether the child has been vaccinated for the condition.\n- (i) the child’s full name;\n- (ii) the child’s place and date of birth;\n- (iii) the child’s residential address;\n- (iv) contact details for at least 1 of the child’s parents;\n- (v) if the contagious condition is a vaccine preventable condition, whether the child has been vaccinated for the condition.","sortOrder":331},{"sectionNumber":"sec.173","sectionType":"section","heading":"Giving health information held by a health agency","content":"### sec.173 Giving health information held by a health agency\n\nSubsection (2) applies if the chief executive, a person in charge of a school, education and care service or QEC approved service, or another person involved in the administration of this part asks for health information held by a health agency to be provided to the chief executive, person in charge or other person.\nA person asked to provide health information held by a health agency under subsection (1) may give the information if the giving of the information is necessary for the administration of this part.\nSubsection (4) applies if a person in charge of a school, education and care service or QEC approved service asks for information held by a health agency about whether a child attending a school, education and care service or QEC approved service has been vaccinated for a vaccine preventable condition.\nThe chief executive must provide the information to the person in charge if the chief executive is satisfied that—\na child attending the school or service is suspected of being at risk of contracting the vaccine preventable condition if the child continues to attend the school or service; and\nthe information about the child is necessary to enable the person in charge to act under section 165 or 166 .\nThis section applies despite any other provision of this Act or any provision of another law that deals with confidentiality, including, for example, the Hospital and Health Boards Act 2011 , section 142 .\ns 173 amd 2011 No. 38 s 97 ; 2011 No. 32 s 332 sch 1 pt 2 (amd 2012 No. 9 s 47 ); 2011 No. 41 s 61 ; 2013 No. 44 s 269 sch 1 pt 2\n(sec.173-ssec.1) Subsection (2) applies if the chief executive, a person in charge of a school, education and care service or QEC approved service, or another person involved in the administration of this part asks for health information held by a health agency to be provided to the chief executive, person in charge or other person.\n(sec.173-ssec.2) A person asked to provide health information held by a health agency under subsection (1) may give the information if the giving of the information is necessary for the administration of this part.\n(sec.173-ssec.3) Subsection (4) applies if a person in charge of a school, education and care service or QEC approved service asks for information held by a health agency about whether a child attending a school, education and care service or QEC approved service has been vaccinated for a vaccine preventable condition.\n(sec.173-ssec.4) The chief executive must provide the information to the person in charge if the chief executive is satisfied that— a child attending the school or service is suspected of being at risk of contracting the vaccine preventable condition if the child continues to attend the school or service; and the information about the child is necessary to enable the person in charge to act under section 165 or 166 .\n(sec.173-ssec.5) This section applies despite any other provision of this Act or any provision of another law that deals with confidentiality, including, for example, the Hospital and Health Boards Act 2011 , section 142 .\n- (a) a child attending the school or service is suspected of being at risk of contracting the vaccine preventable condition if the child continues to attend the school or service; and\n- (b) the information about the child is necessary to enable the person in charge to act under section 165 or 166 .","sortOrder":332},{"sectionNumber":"ch.5-pt.2-div.3","sectionType":"division","heading":"Confidentiality of information and protection for persons","content":"## Confidentiality of information and protection for persons","sortOrder":333},{"sectionNumber":"sec.174","sectionType":"section","heading":"Definitions for div 3","content":"### sec.174 Definitions for div 3\n\nIn this division—\nconfidential information means information that has become known to a relevant person in the course of performing the relevant person’s functions under this part.\ninformation includes a document.\nrelevant person means the following—\na person who is, or was, the chief executive;\na person who is, or was, involved in the administration or enforcement of this part, including, for example, a health service employee or a public service employee.\n- (a) a person who is, or was, the chief executive;\n- (b) a person who is, or was, involved in the administration or enforcement of this part, including, for example, a health service employee or a public service employee.","sortOrder":334},{"sectionNumber":"sec.175","sectionType":"section","heading":"Confidentiality of information","content":"### sec.175 Confidentiality of information\n\nA relevant person must not, whether directly or indirectly, disclose confidential information.\nMaximum penalty—50 penalty units.\nThe Hospital and Health Boards Act 2011 , section 142 , does not apply to a relevant person in relation to confidential information.\ns 175 amd 2011 No. 32 s 332 sch 1 pt 2 (amd 2012 No. 9 s 47 )\n(sec.175-ssec.1) A relevant person must not, whether directly or indirectly, disclose confidential information. Maximum penalty—50 penalty units.\n(sec.175-ssec.2) The Hospital and Health Boards Act 2011 , section 142 , does not apply to a relevant person in relation to confidential information.","sortOrder":335},{"sectionNumber":"sec.176","sectionType":"section","heading":"Disclosure under an Act or another law","content":"### sec.176 Disclosure under an Act or another law\n\nSection 175 (1) does not apply if the disclosure of the confidential information by a relevant person is authorised under an Act or another law.","sortOrder":336},{"sectionNumber":"sec.177","sectionType":"section","heading":"Disclosure under Act or with written consent etc.","content":"### sec.177 Disclosure under Act or with written consent etc.\n\nSection 175 (1) does not apply if the confidential information is disclosed by a relevant person—\nin the performance of functions under this Act; or\nif the information relates to a person who is an adult, with the written consent of the person; or\nif the information relates to a person who is a child, with the written consent of a parent of the child; or\nto the person to whom the information relates, if the person is an adult; or\nto a parent of a child to whom the information relates; or\nin a form that could not identify any person.\n- (a) in the performance of functions under this Act; or\n- (b) if the information relates to a person who is an adult, with the written consent of the person; or\n- (c) if the information relates to a person who is a child, with the written consent of a parent of the child; or\n- (d) to the person to whom the information relates, if the person is an adult; or\n- (e) to a parent of a child to whom the information relates; or\n- (f) in a form that could not identify any person.","sortOrder":337},{"sectionNumber":"sec.178","sectionType":"section","heading":"Disclosure to a person to help prevent or minimise transmission of a contagious condition","content":"### sec.178 Disclosure to a person to help prevent or minimise transmission of a contagious condition\n\nSection 175 (1) does not apply if the disclosure of the confidential information by a relevant person is to a person to enable the person to help prevent or minimise the transmission of a contagious condition.","sortOrder":338},{"sectionNumber":"sec.179","sectionType":"section","heading":"Protection for persons acting under pt 2","content":"### sec.179 Protection for persons acting under pt 2\n\nThis section applies if a person, acting honestly, gives information or does something else under this part including, for example, directing a parent to remove a child from a school, education and care service or QEC approved service.\nThis section also applies if a person in charge of an education and care service or QEC approved service, acting honestly, does either of the following things—\nexercises a power under section 160B or 160C ;\ndecides to enrol a child at, or allow a child to attend, the service in the circumstances mentioned in section 160D (1) .\nThe person is not liable, civilly, criminally or under an administrative process, for doing the thing.\nWithout limiting subsection (2) , if the thing involves giving information—\nin a proceeding for defamation the person has a defence of absolute privilege for publishing the information; and\nif the person would otherwise be required to maintain confidentiality about the information given under an Act, oath, rule of law or practice, the person—\ndoes not contravene the Act , oath, rule of law or practice by giving the information; and\nis not liable to disciplinary action for giving the information.\nAlso, merely because the person gives the information, the person can not be held to have—\nbreached any code of professional etiquette or ethics; or\ndeparted from accepted standards of professional conduct.\nThis section does not limit sections 175 to 178 .\ns 179 amd 2011 No. 38 s 98 ; 2013 No. 44 s 269 sch 1 pt 2 ; 2015 No. 24 s 6\n(sec.179-ssec.1) This section applies if a person, acting honestly, gives information or does something else under this part including, for example, directing a parent to remove a child from a school, education and care service or QEC approved service.\n(sec.179-ssec.1A) This section also applies if a person in charge of an education and care service or QEC approved service, acting honestly, does either of the following things— exercises a power under section 160B or 160C ; decides to enrol a child at, or allow a child to attend, the service in the circumstances mentioned in section 160D (1) .\n(sec.179-ssec.2) The person is not liable, civilly, criminally or under an administrative process, for doing the thing.\n(sec.179-ssec.3) Without limiting subsection (2) , if the thing involves giving information— in a proceeding for defamation the person has a defence of absolute privilege for publishing the information; and if the person would otherwise be required to maintain confidentiality about the information given under an Act, oath, rule of law or practice, the person— does not contravene the Act , oath, rule of law or practice by giving the information; and is not liable to disciplinary action for giving the information.\n(sec.179-ssec.4) Also, merely because the person gives the information, the person can not be held to have— breached any code of professional etiquette or ethics; or departed from accepted standards of professional conduct.\n(sec.179-ssec.5) This section does not limit sections 175 to 178 .\n- (a) exercises a power under section 160B or 160C ;\n- (b) decides to enrol a child at, or allow a child to attend, the service in the circumstances mentioned in section 160D (1) .\n- (a) in a proceeding for defamation the person has a defence of absolute privilege for publishing the information; and\n- (b) if the person would otherwise be required to maintain confidentiality about the information given under an Act, oath, rule of law or practice, the person— (i) does not contravene the Act , oath, rule of law or practice by giving the information; and (ii) is not liable to disciplinary action for giving the information.\n- (i) does not contravene the Act , oath, rule of law or practice by giving the information; and\n- (ii) is not liable to disciplinary action for giving the information.\n- (i) does not contravene the Act , oath, rule of law or practice by giving the information; and\n- (ii) is not liable to disciplinary action for giving the information.\n- (a) breached any code of professional etiquette or ethics; or\n- (b) departed from accepted standards of professional conduct.","sortOrder":339},{"sectionNumber":"ch.5-pt.2-div.4","sectionType":"division","heading":"Other action to control contagious conditions","content":"## Other action to control contagious conditions","sortOrder":340},{"sectionNumber":"sec.180","sectionType":"section","heading":"Directions to person in charge of school, education and care service or QEC approved service","content":"### sec.180 Directions to person in charge of school, education and care service or QEC approved service\n\nThe chief executive may give a direction under subsection (3) to the person in charge of a school, education and care service or QEC approved service if the chief executive is satisfied there is an outbreak of a contagious condition—\nat the school or service; or\nin the community and there is a risk of children and staff at the school or service contracting the condition.\nHowever, the chief executive must not give a direction without first consulting with the person in charge of the school or service and with—\nfor a direction to be given to the person in charge of a school—the chief executive of the department that administers the Education (General Provisions) Act 2006 and the Education (Accreditation of Non-State Schools) Act 2017 ; or\nfor a direction to be given to the person in charge of an education and care service—the chief executive of the department that administers the Education and Care Services National Law (Queensland) ; or\nfor a direction to be given to the person in charge of a QEC approved service—the chief executive of the department that administers the Education and Care Services Act 2013 .\nA direction must be in writing and state ways of minimising the risk of contracting the contagious condition by children and staff at the school or service including, for example, by—\npreventing the sharing of eating utensils, drinking cups, bed linen and clothing; or\nrequiring that eating utensils, drinking cups, bed linen, toys or other equipment be disinfected; or\nrequiring that stated procedures for cleaning and disinfecting be followed; or\nrequiring the person in charge to give information to staff, children or parents about the contagious condition including about the way it may be treated and measures to prevent its spread.\nThe person in charge of the school or service must comply with a direction by the chief executive.\nMaximum penalty for subsection (4) —50 penalty units.\ns 180 amd 2006 No. 39 s 512 (1) sch 1 ; 2011 No. 38 s 99 ; 2011 No. 41 s 62 ; 2013 No. 44 s 269 s ch 1 pt 2 ; 2017 No. 24 s 251\n(sec.180-ssec.1) The chief executive may give a direction under subsection (3) to the person in charge of a school, education and care service or QEC approved service if the chief executive is satisfied there is an outbreak of a contagious condition— at the school or service; or in the community and there is a risk of children and staff at the school or service contracting the condition.\n(sec.180-ssec.2) However, the chief executive must not give a direction without first consulting with the person in charge of the school or service and with— for a direction to be given to the person in charge of a school—the chief executive of the department that administers the Education (General Provisions) Act 2006 and the Education (Accreditation of Non-State Schools) Act 2017 ; or for a direction to be given to the person in charge of an education and care service—the chief executive of the department that administers the Education and Care Services National Law (Queensland) ; or for a direction to be given to the person in charge of a QEC approved service—the chief executive of the department that administers the Education and Care Services Act 2013 .\n(sec.180-ssec.3) A direction must be in writing and state ways of minimising the risk of contracting the contagious condition by children and staff at the school or service including, for example, by— preventing the sharing of eating utensils, drinking cups, bed linen and clothing; or requiring that eating utensils, drinking cups, bed linen, toys or other equipment be disinfected; or requiring that stated procedures for cleaning and disinfecting be followed; or requiring the person in charge to give information to staff, children or parents about the contagious condition including about the way it may be treated and measures to prevent its spread.\n(sec.180-ssec.4) The person in charge of the school or service must comply with a direction by the chief executive. Maximum penalty for subsection (4) —50 penalty units.\n- (a) at the school or service; or\n- (b) in the community and there is a risk of children and staff at the school or service contracting the condition.\n- (a) for a direction to be given to the person in charge of a school—the chief executive of the department that administers the Education (General Provisions) Act 2006 and the Education (Accreditation of Non-State Schools) Act 2017 ; or\n- (b) for a direction to be given to the person in charge of an education and care service—the chief executive of the department that administers the Education and Care Services National Law (Queensland) ; or\n- (c) for a direction to be given to the person in charge of a QEC approved service—the chief executive of the department that administers the Education and Care Services Act 2013 .\n- (a) preventing the sharing of eating utensils, drinking cups, bed linen and clothing; or\n- (b) requiring that eating utensils, drinking cups, bed linen, toys or other equipment be disinfected; or\n- (c) requiring that stated procedures for cleaning and disinfecting be followed; or\n- (d) requiring the person in charge to give information to staff, children or parents about the contagious condition including about the way it may be treated and measures to prevent its spread.","sortOrder":341},{"sectionNumber":"sec.181","sectionType":"section","heading":"Temporary closure of school, education and care service or QEC approved service","content":"### sec.181 Temporary closure of school, education and care service or QEC approved service\n\nThe Minister may, by notice given to the person in charge of a school, education and care service or QEC approved service, order the closure of the school or service for a period of not more than 1 month if the Minister is satisfied—\nthere is an outbreak of a contagious condition—\nat the school or service; or\nin the community and there is a significant risk of children and staff at the school or service contracting the condition; and\nmethods of controlling the outbreak will not be effective without the temporary closure of the school or service.\nHowever, the Minister must not close a school or service without first consulting—\nif the closure relates to a school—the Minister who administers the Education (General Provisions) Act 2006 and the Education (Accreditation of Non-State Schools) Act 2017 ; or\nif the closure relates to an education and care service—the Minister who administers the Education and Care Services National Law (Queensland) ; or\nif the closure relates to a QEC approved service—the Minister who administers the Education and Care Services Act 2013 .\nThe person in charge of the school or service must comply with the Minister’s order.\nMaximum penalty for subsection (3) —100 penalty units.\ns 181 amd 2006 No. 39 s 512 (1) sch 1 ; 2011 No. 38 s 100 ; 2011 No. 41 s 63 ; 2013 No. 44 s 269 s ch 1 pt 2 ; 2017 No. 24 s 252\n(sec.181-ssec.1) The Minister may, by notice given to the person in charge of a school, education and care service or QEC approved service, order the closure of the school or service for a period of not more than 1 month if the Minister is satisfied— there is an outbreak of a contagious condition— at the school or service; or in the community and there is a significant risk of children and staff at the school or service contracting the condition; and methods of controlling the outbreak will not be effective without the temporary closure of the school or service.\n(sec.181-ssec.2) However, the Minister must not close a school or service without first consulting— if the closure relates to a school—the Minister who administers the Education (General Provisions) Act 2006 and the Education (Accreditation of Non-State Schools) Act 2017 ; or if the closure relates to an education and care service—the Minister who administers the Education and Care Services National Law (Queensland) ; or if the closure relates to a QEC approved service—the Minister who administers the Education and Care Services Act 2013 .\n(sec.181-ssec.3) The person in charge of the school or service must comply with the Minister’s order. Maximum penalty for subsection (3) —100 penalty units.\n- (a) there is an outbreak of a contagious condition— (i) at the school or service; or (ii) in the community and there is a significant risk of children and staff at the school or service contracting the condition; and\n- (i) at the school or service; or\n- (ii) in the community and there is a significant risk of children and staff at the school or service contracting the condition; and\n- (b) methods of controlling the outbreak will not be effective without the temporary closure of the school or service.\n- (i) at the school or service; or\n- (ii) in the community and there is a significant risk of children and staff at the school or service contracting the condition; and\n- (a) if the closure relates to a school—the Minister who administers the Education (General Provisions) Act 2006 and the Education (Accreditation of Non-State Schools) Act 2017 ; or\n- (b) if the closure relates to an education and care service—the Minister who administers the Education and Care Services National Law (Queensland) ; or\n- (c) if the closure relates to a QEC approved service—the Minister who administers the Education and Care Services Act 2013 .","sortOrder":342},{"sectionNumber":"ch.5-pt.2-div.5","sectionType":"division","heading":"Review of order to close school, education and care service or QEC approved service","content":"## Review of order to close school, education and care service or QEC approved service","sortOrder":343},{"sectionNumber":"sec.182","sectionType":"section","heading":"Review of Minister’s order to close school, education and care service or QEC approved service","content":"### sec.182 Review of Minister’s order to close school, education and care service or QEC approved service\n\nA person ordered by the Minister to close a school, education and care service or QEC approved service may apply, as provided under the QCAT Act , to QCAT for a review of the order.\ns 182 sub 2009 No. 24 s 1226\namd 2011 No. 38 s 101 ; 2013 No. 44 s 269 sch 1 pt 2","sortOrder":344},{"sectionNumber":"sec.183","sectionType":"section","heading":null,"content":"### Section sec.183\n\ns 183 om 2009 No. 24 s 1226","sortOrder":345},{"sectionNumber":"ch.5-pt.2-div.6","sectionType":"division","heading":"Approved provider must ensure person complies with this part","content":"## Approved provider must ensure person complies with this part","sortOrder":346},{"sectionNumber":"sec.184","sectionType":"section","heading":null,"content":"### Section sec.184\n\ns 184 om 2013 No. 44 s 269 sch 1 pt 2","sortOrder":347},{"sectionNumber":"sec.184A","sectionType":"section","heading":"Approved provider must ensure person in charge complies with pt 2","content":"### sec.184A Approved provider must ensure person in charge complies with pt 2\n\nAn approved provider of an education and care service or QEC approved service must ensure that the person in charge of the service complies with this part.\nIf a person in charge of the education and care service or QEC approved service commits an offence against a provision of this part, the approved provider also commits an offence, namely, the offence of failing to ensure that the person in charge complies with the provision.\nMaximum penalty—\nif the approved provider is an individual—the penalty for the contravention of the provision by the person in charge; or\nif the approved provider is a corporation—a penalty equal to 5 times the amount of the penalty under paragraph (a) .\nEvidence that the person in charge has been convicted of an offence against a provision of this part is evidence that the approved provider committed the offence of failing to ensure that the person in charge complies with the provision.\nHowever, it is a defence for a approved provider to prove the approved provider exercised reasonable diligence to ensure the person in charge complied with the provision.\ns 184A ins 2011 No. 38 s 103\namd 2013 No. 44 s 269 sch 1 pt 2\n(sec.184A-ssec.1) An approved provider of an education and care service or QEC approved service must ensure that the person in charge of the service complies with this part.\n(sec.184A-ssec.2) If a person in charge of the education and care service or QEC approved service commits an offence against a provision of this part, the approved provider also commits an offence, namely, the offence of failing to ensure that the person in charge complies with the provision. Maximum penalty— if the approved provider is an individual—the penalty for the contravention of the provision by the person in charge; or if the approved provider is a corporation—a penalty equal to 5 times the amount of the penalty under paragraph (a) .\n(sec.184A-ssec.3) Evidence that the person in charge has been convicted of an offence against a provision of this part is evidence that the approved provider committed the offence of failing to ensure that the person in charge complies with the provision.\n(sec.184A-ssec.4) However, it is a defence for a approved provider to prove the approved provider exercised reasonable diligence to ensure the person in charge complied with the provision.\n- (a) if the approved provider is an individual—the penalty for the contravention of the provision by the person in charge; or\n- (b) if the approved provider is a corporation—a penalty equal to 5 times the amount of the penalty under paragraph (a) .","sortOrder":348},{"sectionNumber":"ch.5-pt.3","sectionType":"part","heading":"Child abuse and neglect","content":"# Child abuse and neglect","sortOrder":349},{"sectionNumber":"ch.5-pt.3-div.1","sectionType":"division","heading":"Principles under which part 3 to be administered","content":"## Principles under which part 3 to be administered","sortOrder":350},{"sectionNumber":"sec.185","sectionType":"section","heading":"Guiding principles for pt 3","content":"### sec.185 Guiding principles for pt 3\n\nThis part is to be administered under the principle that the welfare and best interests of a child are paramount.\nSubject to subsection (1) , this part is to be administered under the following principles—\nevery child has a right to protection from harm;\nfamilies have the primary responsibility for the physical, psychological and emotional wellbeing of their children;\nthe preferred way of ensuring a child’s wellbeing is through the support of the child’s family;\npowers conferred under this part should be exercised in a way that is open, fair and respects the rights of people affected by their exercise, and, in particular, in a way that ensures—\nthe views of a child and the child’s family are considered; and\na child and the child’s parents have the opportunity to take part in making decisions affecting the wellbeing of the child;\na child should be kept informed of matters affecting him or her in a way and to an extent that is appropriate, having regard to the child’s age and ability to understand.\n(sec.185-ssec.1) This part is to be administered under the principle that the welfare and best interests of a child are paramount.\n(sec.185-ssec.2) Subject to subsection (1) , this part is to be administered under the following principles— every child has a right to protection from harm; families have the primary responsibility for the physical, psychological and emotional wellbeing of their children; the preferred way of ensuring a child’s wellbeing is through the support of the child’s family; powers conferred under this part should be exercised in a way that is open, fair and respects the rights of people affected by their exercise, and, in particular, in a way that ensures— the views of a child and the child’s family are considered; and a child and the child’s parents have the opportunity to take part in making decisions affecting the wellbeing of the child; a child should be kept informed of matters affecting him or her in a way and to an extent that is appropriate, having regard to the child’s age and ability to understand.\n- (a) every child has a right to protection from harm;\n- (b) families have the primary responsibility for the physical, psychological and emotional wellbeing of their children;\n- (c) the preferred way of ensuring a child’s wellbeing is through the support of the child’s family;\n- (d) powers conferred under this part should be exercised in a way that is open, fair and respects the rights of people affected by their exercise, and, in particular, in a way that ensures— (i) the views of a child and the child’s family are considered; and (ii) a child and the child’s parents have the opportunity to take part in making decisions affecting the wellbeing of the child;\n- (i) the views of a child and the child’s family are considered; and\n- (ii) a child and the child’s parents have the opportunity to take part in making decisions affecting the wellbeing of the child;\n- (e) a child should be kept informed of matters affecting him or her in a way and to an extent that is appropriate, having regard to the child’s age and ability to understand.\n- (i) the views of a child and the child’s family are considered; and\n- (ii) a child and the child’s parents have the opportunity to take part in making decisions affecting the wellbeing of the child;","sortOrder":351},{"sectionNumber":"ch.5-pt.3-div.2","sectionType":"division","heading":"Relationship with Child Protection Act 1999","content":"## Relationship with Child Protection Act 1999","sortOrder":352},{"sectionNumber":"sec.186","sectionType":"section","heading":"Relationship with Child Protection Act 1999","content":"### sec.186 Relationship with Child Protection Act 1999\n\nIf there is in force, for a child, both an order under the Child Protection Act 1999 and a care and treatment order or an extension of the care and treatment order, the order under the Child Protection Act 1999 prevails to the extent of any inconsistency.\nThe Child Protection Act 1999 imposes an obligation on professionals about reporting suspected child harm caused by physical or sexual abuse and includes related provisions about protection from liability for giving information and protecting the identity of persons notifying harm.\nSee the Child Protection Act 1999 , chapter 2 , part 1AA , division 2 and sections 186 and 197A .\ns 186 amd 2014 No. 28 s 102\n(sec.186-ssec.1) If there is in force, for a child, both an order under the Child Protection Act 1999 and a care and treatment order or an extension of the care and treatment order, the order under the Child Protection Act 1999 prevails to the extent of any inconsistency.\n(sec.186-ssec.2) The Child Protection Act 1999 imposes an obligation on professionals about reporting suspected child harm caused by physical or sexual abuse and includes related provisions about protection from liability for giving information and protecting the identity of persons notifying harm. See the Child Protection Act 1999 , chapter 2 , part 1AA , division 2 and sections 186 and 197A .","sortOrder":353},{"sectionNumber":"ch.5-pt.3-div.3","sectionType":"division","heading":"Custody of child held at health service facility","content":"## Custody of child held at health service facility","sortOrder":354},{"sectionNumber":"sec.187","sectionType":"section","heading":"Person in charge of facility has custody of child held at facility","content":"### sec.187 Person in charge of facility has custody of child held at facility\n\nThis section applies if a child—\nis held at a health service facility under this part; or\nis being transferred from one health service facility to another under this part.\nThe person in charge of the health service facility at which the child is held has custody of the child and has—\nthe right to have the child’s daily care; and\nthe right and responsibility to make decisions about the child’s daily care.\nSubsection (4) applies to a child being transferred from one health service facility (the first facility ) to another health service facility (the second facility ) under this part.\nThe child is taken to be held at the first facility until the child is accepted by the second facility after which the child is taken to be held at the second facility.\n(sec.187-ssec.1) This section applies if a child— is held at a health service facility under this part; or is being transferred from one health service facility to another under this part.\n(sec.187-ssec.2) The person in charge of the health service facility at which the child is held has custody of the child and has— the right to have the child’s daily care; and the right and responsibility to make decisions about the child’s daily care.\n(sec.187-ssec.3) Subsection (4) applies to a child being transferred from one health service facility (the first facility ) to another health service facility (the second facility ) under this part.\n(sec.187-ssec.4) The child is taken to be held at the first facility until the child is accepted by the second facility after which the child is taken to be held at the second facility.\n- (a) is held at a health service facility under this part; or\n- (b) is being transferred from one health service facility to another under this part.\n- (a) the right to have the child’s daily care; and\n- (b) the right and responsibility to make decisions about the child’s daily care.","sortOrder":355},{"sectionNumber":"ch.5-pt.3-div.4","sectionType":"division","heading":"Designated medical officers","content":"## Designated medical officers","sortOrder":356},{"sectionNumber":"sec.188","sectionType":"section","heading":"Appointment","content":"### sec.188 Appointment\n\nThe person in charge of a health service facility may, by written instrument, appoint a doctor to be a designated medical officer.\nHowever, a doctor may be appointed as a designated medical officer only if, in the opinion of the person in charge of the health service facility, the doctor has the necessary expertise or experience to be a designated medical officer.\n(sec.188-ssec.1) The person in charge of a health service facility may, by written instrument, appoint a doctor to be a designated medical officer.\n(sec.188-ssec.2) However, a doctor may be appointed as a designated medical officer only if, in the opinion of the person in charge of the health service facility, the doctor has the necessary expertise or experience to be a designated medical officer.","sortOrder":357},{"sectionNumber":"sec.189","sectionType":"section","heading":"When person in charge taken to be a designated medical officer","content":"### sec.189 When person in charge taken to be a designated medical officer\n\nIf the person in charge of a health service facility is a doctor, the person is taken to be a designated medical officer while the person is in charge of the facility.","sortOrder":358},{"sectionNumber":"sec.190","sectionType":"section","heading":"Powers","content":"### sec.190 Powers\n\nA designated medical officer has the powers given under this part.\nSubsection (1) has effect subject to any limitation stated in the designated medical officer’s instrument of appointment.\n(sec.190-ssec.1) A designated medical officer has the powers given under this part.\n(sec.190-ssec.2) Subsection (1) has effect subject to any limitation stated in the designated medical officer’s instrument of appointment.","sortOrder":359},{"sectionNumber":"ch.5-pt.3-div.5","sectionType":"division","heading":null,"content":"","sortOrder":360},{"sectionNumber":"sec.191","sectionType":"section","heading":null,"content":"### Section sec.191\n\ns 191 om 2014 No. 28 s 103","sortOrder":361},{"sectionNumber":"sec.192","sectionType":"section","heading":null,"content":"### Section sec.192\n\ns 192 om 2014 No. 28 s 103","sortOrder":362},{"sectionNumber":"sec.193","sectionType":"section","heading":null,"content":"### Section sec.193\n\ns 193 om 2014 No. 28 s 103","sortOrder":363},{"sectionNumber":"sec.194","sectionType":"section","heading":null,"content":"### Section sec.194\n\ns 194 om 2014 No. 28 s 103","sortOrder":364},{"sectionNumber":"sec.195","sectionType":"section","heading":null,"content":"### Section sec.195\n\ns 195 om 2014 No. 28 s 103","sortOrder":365},{"sectionNumber":"sec.196","sectionType":"section","heading":null,"content":"### Section sec.196\n\ns 196 amd 2010 No. 5 s 248 sch 3\nom 2014 No. 28 s 103","sortOrder":366},{"sectionNumber":"ch.5-pt.3-div.6","sectionType":"division","heading":"Care and treatment order for child","content":"## Care and treatment order for child","sortOrder":367},{"sectionNumber":"sec.197","sectionType":"section","heading":"Designated medical officer may make care and treatment order for child","content":"### sec.197 Designated medical officer may make care and treatment order for child\n\nThis section applies if a designated medical officer becomes aware, or reasonably suspects, that a child at a health service facility—\nhas been harmed or is at risk of harm; and\nis likely to leave or be taken from the facility and suffer harm if the designated medical officer does not take immediate action.\nThe designated medical officer may order that the child be held at the facility (a care and treatment order ).\nThe designated medical officer must immediately make a written record of the care and treatment order that includes the following—\ndetails of the child’s condition;\nthe reasons for the order;\nthe name of the facility where the child is held;\nthe time that is 48 hours from the time the order is made.\nThe designated medical officer must explain to the child in general terms the purpose and effect of the order.\nSee also section 460 (5) (Compliance with provisions about explaining and giving documents).\n(sec.197-ssec.1) This section applies if a designated medical officer becomes aware, or reasonably suspects, that a child at a health service facility— has been harmed or is at risk of harm; and is likely to leave or be taken from the facility and suffer harm if the designated medical officer does not take immediate action.\n(sec.197-ssec.2) The designated medical officer may order that the child be held at the facility (a care and treatment order ).\n(sec.197-ssec.3) The designated medical officer must immediately make a written record of the care and treatment order that includes the following— details of the child’s condition; the reasons for the order; the name of the facility where the child is held; the time that is 48 hours from the time the order is made.\n(sec.197-ssec.4) The designated medical officer must explain to the child in general terms the purpose and effect of the order. See also section 460 (5) (Compliance with provisions about explaining and giving documents).\n- (a) has been harmed or is at risk of harm; and\n- (b) is likely to leave or be taken from the facility and suffer harm if the designated medical officer does not take immediate action.\n- (a) details of the child’s condition;\n- (b) the reasons for the order;\n- (c) the name of the facility where the child is held;\n- (d) the time that is 48 hours from the time the order is made.","sortOrder":368},{"sectionNumber":"sec.198","sectionType":"section","heading":"Designated medical officer must notify person in charge of facility where child held","content":"### sec.198 Designated medical officer must notify person in charge of facility where child held\n\nThis section applies if a designated medical officer has ordered that a child be held at a health service facility.\nThe designated medical officer must give the person in charge of the facility notice of the order as soon as practicable after the child is held.\nSubsection (2) does not apply if the designated medical officer and the person in charge are the same person.\nThe notice must include the following—\ndetails of the harm or risk of harm of which the designated medical officer is aware or suspected by the designated medical officer;\nthe time that is 48 hours from the time the order is made when the order ends;\nthe name, address and telephone number of the designated medical officer; and\nif a professional has given a report under the Child Protection Act 1999 , chapter 2 , part 1AA , division 2 —the name, address and telephone number of the professional, to the extent the designated medical officer has those details; and\nto the extent it can reasonably be obtained—\nthe child’s name, date of birth and residential address or another address at which the child may live; and\nthe name and residential address of the parents of the child or another address at which the parents may be contacted.\ns 198 amd 2014 No. 28 s 104\n(sec.198-ssec.1) This section applies if a designated medical officer has ordered that a child be held at a health service facility.\n(sec.198-ssec.2) The designated medical officer must give the person in charge of the facility notice of the order as soon as practicable after the child is held.\n(sec.198-ssec.3) Subsection (2) does not apply if the designated medical officer and the person in charge are the same person.\n(sec.198-ssec.4) The notice must include the following— details of the harm or risk of harm of which the designated medical officer is aware or suspected by the designated medical officer; the time that is 48 hours from the time the order is made when the order ends; the name, address and telephone number of the designated medical officer; and if a professional has given a report under the Child Protection Act 1999 , chapter 2 , part 1AA , division 2 —the name, address and telephone number of the professional, to the extent the designated medical officer has those details; and to the extent it can reasonably be obtained— the child’s name, date of birth and residential address or another address at which the child may live; and the name and residential address of the parents of the child or another address at which the parents may be contacted.\n- (a) details of the harm or risk of harm of which the designated medical officer is aware or suspected by the designated medical officer;\n- (b) the time that is 48 hours from the time the order is made when the order ends;\n- (c) the name, address and telephone number of the designated medical officer; and\n- (ca) if a professional has given a report under the Child Protection Act 1999 , chapter 2 , part 1AA , division 2 —the name, address and telephone number of the professional, to the extent the designated medical officer has those details; and\n- (d) to the extent it can reasonably be obtained— (i) the child’s name, date of birth and residential address or another address at which the child may live; and (ii) the name and residential address of the parents of the child or another address at which the parents may be contacted.\n- (i) the child’s name, date of birth and residential address or another address at which the child may live; and\n- (ii) the name and residential address of the parents of the child or another address at which the parents may be contacted.\n- (i) the child’s name, date of birth and residential address or another address at which the child may live; and\n- (ii) the name and residential address of the parents of the child or another address at which the parents may be contacted.","sortOrder":369},{"sectionNumber":"sec.199","sectionType":"section","heading":"Designated medical officer must advise chief executive (child safety)","content":"### sec.199 Designated medical officer must advise chief executive (child safety)\n\nThis section applies if a designated medical officer has ordered that a child be held at a health service facility.\nThe designated medical officer must give the chief executive (child safety) notice of the order as soon as practicable after the order is made.\nThe notice must include the same information as that required for the notice under section 198 (4) .\n(sec.199-ssec.1) This section applies if a designated medical officer has ordered that a child be held at a health service facility.\n(sec.199-ssec.2) The designated medical officer must give the chief executive (child safety) notice of the order as soon as practicable after the order is made.\n(sec.199-ssec.3) The notice must include the same information as that required for the notice under section 198 (4) .","sortOrder":370},{"sectionNumber":"sec.200","sectionType":"section","heading":"Designated medical officer must advise parents of child held","content":"### sec.200 Designated medical officer must advise parents of child held\n\nAs soon as practicable after making a care and treatment order for a child, the designated medical officer must—\ntell at least 1 of the child’s parents about the order including the matters contained in the written record of the order; and\ntell the parent that it is an offence to remove the child from the health service facility while the order is in force; and\nif asked by the parent, give the parent a copy of the written record of the order; and\ntell the parent that the parent may choose to have the child examined by a doctor chosen by the parent.\nHowever, the designated medical officer need not comply with subsection (1) if the officer reasonably believes—\nsomeone may be charged with a criminal offence for harm to the child and the officer’s compliance with the subsection may jeopardise an investigation into the offence; or\ncompliance with the subsection may expose the child to harm.\n(sec.200-ssec.1) As soon as practicable after making a care and treatment order for a child, the designated medical officer must— tell at least 1 of the child’s parents about the order including the matters contained in the written record of the order; and tell the parent that it is an offence to remove the child from the health service facility while the order is in force; and if asked by the parent, give the parent a copy of the written record of the order; and tell the parent that the parent may choose to have the child examined by a doctor chosen by the parent.\n(sec.200-ssec.2) However, the designated medical officer need not comply with subsection (1) if the officer reasonably believes— someone may be charged with a criminal offence for harm to the child and the officer’s compliance with the subsection may jeopardise an investigation into the offence; or compliance with the subsection may expose the child to harm.\n- (a) tell at least 1 of the child’s parents about the order including the matters contained in the written record of the order; and\n- (b) tell the parent that it is an offence to remove the child from the health service facility while the order is in force; and\n- (c) if asked by the parent, give the parent a copy of the written record of the order; and\n- (d) tell the parent that the parent may choose to have the child examined by a doctor chosen by the parent.\n- (a) someone may be charged with a criminal offence for harm to the child and the officer’s compliance with the subsection may jeopardise an investigation into the offence; or\n- (b) compliance with the subsection may expose the child to harm.","sortOrder":371},{"sectionNumber":"ch.5-pt.3-div.7","sectionType":"division","heading":"Extension of care and treatment order","content":"## Extension of care and treatment order","sortOrder":372},{"sectionNumber":"sec.201","sectionType":"section","heading":"Designated medical officer may extend care and treatment order","content":"### sec.201 Designated medical officer may extend care and treatment order\n\nThis section applies if a designated medical officer considers that a care and treatment order for a child should be extended.\nThe designated medical officer may extend the order within 48 hours after the order was first made to a time that is not more than 96 hours after the order was first made.\nThe designated medical officer may not extend the order unless the designated medical officer consults with another designated medical officer and the other designated medical officer agrees that the order should be extended.\nThe designated medical officer extending the order must make a written record of the extension of the care and treatment order that includes the following—\nthe designated medical officer’s name, address and telephone number;\nthe reasons for the extension of the order;\nthe name, address and telephone number of the designated medical officer consulted by the designated medical officer extending the order;\na statement that the designated medical officer consulted agreed that the order should be extended;\nthe time to which the order is extended.\nTo remove any doubt, it is declared that the designated medical officer who extends the order need not be the designated medical officer who gave the order.\n(sec.201-ssec.1) This section applies if a designated medical officer considers that a care and treatment order for a child should be extended.\n(sec.201-ssec.2) The designated medical officer may extend the order within 48 hours after the order was first made to a time that is not more than 96 hours after the order was first made.\n(sec.201-ssec.3) The designated medical officer may not extend the order unless the designated medical officer consults with another designated medical officer and the other designated medical officer agrees that the order should be extended.\n(sec.201-ssec.4) The designated medical officer extending the order must make a written record of the extension of the care and treatment order that includes the following— the designated medical officer’s name, address and telephone number; the reasons for the extension of the order; the name, address and telephone number of the designated medical officer consulted by the designated medical officer extending the order; a statement that the designated medical officer consulted agreed that the order should be extended; the time to which the order is extended.\n(sec.201-ssec.5) To remove any doubt, it is declared that the designated medical officer who extends the order need not be the designated medical officer who gave the order.\n- (a) the designated medical officer’s name, address and telephone number;\n- (b) the reasons for the extension of the order;\n- (c) the name, address and telephone number of the designated medical officer consulted by the designated medical officer extending the order;\n- (d) a statement that the designated medical officer consulted agreed that the order should be extended;\n- (e) the time to which the order is extended.","sortOrder":373},{"sectionNumber":"sec.202","sectionType":"section","heading":"Designated medical officer must notify person in charge of facility about extension of order","content":"### sec.202 Designated medical officer must notify person in charge of facility about extension of order\n\nThis section applies if a care and treatment order for a child has been extended.\nThe designated medical officer extending the order must advise the person in charge of the health service facility at which the child is held about the extension of the order and must include the information mentioned in section 201 (4) .\nSubsection (2) does not apply if the designated medical officer and the person in charge are the same person.\n(sec.202-ssec.1) This section applies if a care and treatment order for a child has been extended.\n(sec.202-ssec.2) The designated medical officer extending the order must advise the person in charge of the health service facility at which the child is held about the extension of the order and must include the information mentioned in section 201 (4) .\n(sec.202-ssec.3) Subsection (2) does not apply if the designated medical officer and the person in charge are the same person.","sortOrder":374},{"sectionNumber":"sec.203","sectionType":"section","heading":"Designated medical officer must advise chief executive (child safety) about extension of order","content":"### sec.203 Designated medical officer must advise chief executive (child safety) about extension of order\n\nThis section applies if a care and treatment order for a child has been extended.\nThe designated medical officer extending the order must advise the chief executive (child safety) about the extension of the order and must include the information mentioned in section 201 (4) .\n(sec.203-ssec.1) This section applies if a care and treatment order for a child has been extended.\n(sec.203-ssec.2) The designated medical officer extending the order must advise the chief executive (child safety) about the extension of the order and must include the information mentioned in section 201 (4) .","sortOrder":375},{"sectionNumber":"sec.204","sectionType":"section","heading":"Designated medical officer must advise child’s parents about extension of order","content":"### sec.204 Designated medical officer must advise child’s parents about extension of order\n\nThis section applies if a care and treatment order for a child has been extended by a designated medical officer.\nThe designated medical officer extending the order must—\nadvise the child’s parents about the extension of the order including the following—\nthe reasons for the extension;\nthe time when the order ends; and\nif asked by the parent, give the parent a copy of the reasons for the extension of the order.\nHowever, the designated medical officer need not comply with subsection (2) if the officer reasonably believes—\nsomeone may be charged with a criminal offence for harm to the child and the officer’s compliance with the subsection may jeopardise an investigation into the offence; or\ncompliance with the subsection may expose the child to harm.\n(sec.204-ssec.1) This section applies if a care and treatment order for a child has been extended by a designated medical officer.\n(sec.204-ssec.2) The designated medical officer extending the order must— advise the child’s parents about the extension of the order including the following— the reasons for the extension; the time when the order ends; and if asked by the parent, give the parent a copy of the reasons for the extension of the order.\n(sec.204-ssec.3) However, the designated medical officer need not comply with subsection (2) if the officer reasonably believes— someone may be charged with a criminal offence for harm to the child and the officer’s compliance with the subsection may jeopardise an investigation into the offence; or compliance with the subsection may expose the child to harm.\n- (a) advise the child’s parents about the extension of the order including the following— (i) the reasons for the extension; (ii) the time when the order ends; and\n- (i) the reasons for the extension;\n- (ii) the time when the order ends; and\n- (b) if asked by the parent, give the parent a copy of the reasons for the extension of the order.\n- (i) the reasons for the extension;\n- (ii) the time when the order ends; and\n- (a) someone may be charged with a criminal offence for harm to the child and the officer’s compliance with the subsection may jeopardise an investigation into the offence; or\n- (b) compliance with the subsection may expose the child to harm.","sortOrder":376},{"sectionNumber":"ch.5-pt.3-div.8","sectionType":"division","heading":"Enforcement and duration of care and treatment order","content":"## Enforcement and duration of care and treatment order","sortOrder":377},{"sectionNumber":"sec.205","sectionType":"section","heading":"Enforcement of care and treatment order","content":"### sec.205 Enforcement of care and treatment order\n\nA designated medical officer may use the help and force that is reasonable in the circumstances to hold a child at a health service facility, or transfer a child to another health service facility under section 211 .\nA person authorised by a designated medical officer may help the designated medical officer to hold or transfer the child.\n(sec.205-ssec.1) A designated medical officer may use the help and force that is reasonable in the circumstances to hold a child at a health service facility, or transfer a child to another health service facility under section 211 .\n(sec.205-ssec.2) A person authorised by a designated medical officer may help the designated medical officer to hold or transfer the child.","sortOrder":378},{"sectionNumber":"sec.206","sectionType":"section","heading":"Duration of order","content":"### sec.206 Duration of order\n\nA care and treatment order starts when the order is made and ends 48 hours after it is made or, if the order is extended under section 201 , the time to which it is extended.\nHowever, a designated medical officer may release a child before an order ends if the designated medical officer is satisfied the reason for the order no longer exists.\nIf a designated medical officer releases a child, the officer must make a written record of the release that includes the following—\nthe reasons for the release;\nthe time of the release;\nthe person into whose care the child is released.\n(sec.206-ssec.1) A care and treatment order starts when the order is made and ends 48 hours after it is made or, if the order is extended under section 201 , the time to which it is extended.\n(sec.206-ssec.2) However, a designated medical officer may release a child before an order ends if the designated medical officer is satisfied the reason for the order no longer exists.\n(sec.206-ssec.3) If a designated medical officer releases a child, the officer must make a written record of the release that includes the following— the reasons for the release; the time of the release; the person into whose care the child is released.\n- (a) the reasons for the release;\n- (b) the time of the release;\n- (c) the person into whose care the child is released.","sortOrder":379},{"sectionNumber":"sec.207","sectionType":"section","heading":"Limit on the number of care and treatment orders","content":"### sec.207 Limit on the number of care and treatment orders\n\nThis section applies if a care and treatment order has been made for a child because of harm, or a risk of harm, to the child.\nA further care and treatment order may not be made for the child in relation to harm, or a risk of harm, arising from the same event or circumstances that gave rise to the care and treatment order mentioned in subsection (1) .\nNothing in this section prevents a subsequent care and treatment order being made for a child for harm, or a risk of harm, that arises from an event or circumstances that happens after the end of an earlier care and treatment order.\n(sec.207-ssec.1) This section applies if a care and treatment order has been made for a child because of harm, or a risk of harm, to the child.\n(sec.207-ssec.2) A further care and treatment order may not be made for the child in relation to harm, or a risk of harm, arising from the same event or circumstances that gave rise to the care and treatment order mentioned in subsection (1) .\n(sec.207-ssec.3) Nothing in this section prevents a subsequent care and treatment order being made for a child for harm, or a risk of harm, that arises from an event or circumstances that happens after the end of an earlier care and treatment order.","sortOrder":380},{"sectionNumber":"ch.5-pt.3-div.9","sectionType":"division","heading":"Chief executive (child safety) may require information about child held under care and treatment order","content":"## Chief executive (child safety) may require information about child held under care and treatment order","sortOrder":381},{"sectionNumber":"sec.208","sectionType":"section","heading":"Chief executive (child safety) may require information from designated medical officer","content":"### sec.208 Chief executive (child safety) may require information from designated medical officer\n\nThis section applies if the chief executive (child safety) considers information is required about a child held under a care and treatment order.\nThe chief executive (child safety) may ask a designated medical officer, orally or in writing, for stated information about the child, within a reasonable stated time.\nThe designated medical officer must comply with the request to the extent the designated medical officer is able to do so, unless the designated medical officer has a reasonable excuse.\nMaximum penalty—50 penalty units.\nThe designated medical officer is not liable to be prosecuted for an offence against subsection (3) unless the chief executive (child safety), when making the request, warns the designated medical officer it is an offence to fail to comply with the request to the extent the designated medical officer is able to do so, unless the designated medical officer has a reasonable excuse.\nA person who gives information requested under this section who would otherwise be required to maintain confidentiality about the information given under an Act, oath, rule of law or practice—\ndoes not contravene the Act , oath, rule of law or practice by giving the information; and\nis not liable to disciplinary action for giving the information.\nSee for example the Hospital and Health Boards Act 2011 , section 142 .\nAlso, merely because the person gives the information, the person can not be held to have—\nbreached any code of professional etiquette or ethics; or\ndeparted from accepted standards of professional conduct.\ns 208 amd 2011 No. 32 s 332 sch 1 pt 2 (amd 2012 No. 9 s 47 )\n(sec.208-ssec.1) This section applies if the chief executive (child safety) considers information is required about a child held under a care and treatment order.\n(sec.208-ssec.2) The chief executive (child safety) may ask a designated medical officer, orally or in writing, for stated information about the child, within a reasonable stated time.\n(sec.208-ssec.3) The designated medical officer must comply with the request to the extent the designated medical officer is able to do so, unless the designated medical officer has a reasonable excuse. Maximum penalty—50 penalty units.\n(sec.208-ssec.4) The designated medical officer is not liable to be prosecuted for an offence against subsection (3) unless the chief executive (child safety), when making the request, warns the designated medical officer it is an offence to fail to comply with the request to the extent the designated medical officer is able to do so, unless the designated medical officer has a reasonable excuse.\n(sec.208-ssec.5) A person who gives information requested under this section who would otherwise be required to maintain confidentiality about the information given under an Act, oath, rule of law or practice— does not contravene the Act , oath, rule of law or practice by giving the information; and is not liable to disciplinary action for giving the information. See for example the Hospital and Health Boards Act 2011 , section 142 .\n(sec.208-ssec.6) Also, merely because the person gives the information, the person can not be held to have— breached any code of professional etiquette or ethics; or departed from accepted standards of professional conduct.\n- (a) does not contravene the Act , oath, rule of law or practice by giving the information; and\n- (b) is not liable to disciplinary action for giving the information.\n- (a) breached any code of professional etiquette or ethics; or\n- (b) departed from accepted standards of professional conduct.","sortOrder":382},{"sectionNumber":"ch.5-pt.3-div.10","sectionType":"division","heading":"Measures that may be taken in relation to a child held under a care and treatment order","content":"## Measures that may be taken in relation to a child held under a care and treatment order","sortOrder":383},{"sectionNumber":"sec.209","sectionType":"section","heading":"Medical examination or treatment of child held under order","content":"### sec.209 Medical examination or treatment of child held under order\n\nThis section applies if a designated medical officer orders that a child be held at a health service facility.\nThe child may be medically examined or treated at the facility or another facility to which the child is transferred.\nSubsection (2) applies even though the child’s parents have not consented to the examination or treatment.\nHowever, subsection (2) is subject to the rights the child has in relation to the examination or treatment, in particular, the charter of rights for a child in care contained in the Child Protection Act 1999 , schedule 1 .\nAlso, only the examination or treatment reasonable in the circumstances may be carried out.\nFor the purpose of deciding any liability in relation to the carrying out of the examination or treatment, the consent of the child’s parents to the examination or treatment is taken to have been given.\n(sec.209-ssec.1) This section applies if a designated medical officer orders that a child be held at a health service facility.\n(sec.209-ssec.2) The child may be medically examined or treated at the facility or another facility to which the child is transferred.\n(sec.209-ssec.3) Subsection (2) applies even though the child’s parents have not consented to the examination or treatment.\n(sec.209-ssec.4) However, subsection (2) is subject to the rights the child has in relation to the examination or treatment, in particular, the charter of rights for a child in care contained in the Child Protection Act 1999 , schedule 1 .\n(sec.209-ssec.5) Also, only the examination or treatment reasonable in the circumstances may be carried out.\n(sec.209-ssec.6) For the purpose of deciding any liability in relation to the carrying out of the examination or treatment, the consent of the child’s parents to the examination or treatment is taken to have been given.","sortOrder":384},{"sectionNumber":"sec.210","sectionType":"section","heading":"Designated medical officer may request information from doctors","content":"### sec.210 Designated medical officer may request information from doctors\n\nThis section applies if a designated medical officer considers a doctor may hold information relevant to the health of a child the subject of a care and treatment order.\nThe designated medical officer may ask the doctor for the information.\nA doctor who gives information requested under this section who would otherwise be required to maintain confidentiality about the information given under an Act, oath, rule of law or practice—\ndoes not contravene the Act , oath, rule of law or practice by giving the information; and\nis not liable to disciplinary action for giving the information.\nAlso, merely because the person gives the information, the person can not be held to have—\nbreached any code of professional etiquette or ethics; or\ndeparted from accepted standards of professional conduct.\n(sec.210-ssec.1) This section applies if a designated medical officer considers a doctor may hold information relevant to the health of a child the subject of a care and treatment order.\n(sec.210-ssec.2) The designated medical officer may ask the doctor for the information.\n(sec.210-ssec.3) A doctor who gives information requested under this section who would otherwise be required to maintain confidentiality about the information given under an Act, oath, rule of law or practice— does not contravene the Act , oath, rule of law or practice by giving the information; and is not liable to disciplinary action for giving the information.\n(sec.210-ssec.4) Also, merely because the person gives the information, the person can not be held to have— breached any code of professional etiquette or ethics; or departed from accepted standards of professional conduct.\n- (a) does not contravene the Act , oath, rule of law or practice by giving the information; and\n- (b) is not liable to disciplinary action for giving the information.\n- (a) breached any code of professional etiquette or ethics; or\n- (b) departed from accepted standards of professional conduct.","sortOrder":385},{"sectionNumber":"sec.211","sectionType":"section","heading":"Transfer of child from one facility to another","content":"### sec.211 Transfer of child from one facility to another\n\nThis section applies if—\na child is held at a health service facility under a care and treatment order; and\na designated medical officer considers it is necessary to transfer the child to, and hold the child at, another health service facility to appropriately medically examine or treat the child.\nThe child may be transferred to, and held at, the other facility.\nThe care and treatment order continues to apply to the child while the child is at the other facility.\nThe designated medical officer must advise the person in charge of the other facility of the proposed transfer.\nAlso, the designated medical officer must give the child’s parents and the chief executive (child safety) notice of the transfer as soon as practicable after the designated medical officer decides to transfer the child.\nHowever, the designated medical officer need not notify the child’s parents under subsection (5) if the officer reasonably believes—\nsomeone may be charged with a criminal offence for harm to the child and the officer’s compliance with the subsection may jeopardise an investigation into the offence; or\ncompliance with the subsection may expose the child to harm.\n(sec.211-ssec.1) This section applies if— a child is held at a health service facility under a care and treatment order; and a designated medical officer considers it is necessary to transfer the child to, and hold the child at, another health service facility to appropriately medically examine or treat the child.\n(sec.211-ssec.2) The child may be transferred to, and held at, the other facility.\n(sec.211-ssec.3) The care and treatment order continues to apply to the child while the child is at the other facility.\n(sec.211-ssec.4) The designated medical officer must advise the person in charge of the other facility of the proposed transfer.\n(sec.211-ssec.5) Also, the designated medical officer must give the child’s parents and the chief executive (child safety) notice of the transfer as soon as practicable after the designated medical officer decides to transfer the child.\n(sec.211-ssec.6) However, the designated medical officer need not notify the child’s parents under subsection (5) if the officer reasonably believes— someone may be charged with a criminal offence for harm to the child and the officer’s compliance with the subsection may jeopardise an investigation into the offence; or compliance with the subsection may expose the child to harm.\n- (a) a child is held at a health service facility under a care and treatment order; and\n- (b) a designated medical officer considers it is necessary to transfer the child to, and hold the child at, another health service facility to appropriately medically examine or treat the child.\n- (a) someone may be charged with a criminal offence for harm to the child and the officer’s compliance with the subsection may jeopardise an investigation into the offence; or\n- (b) compliance with the subsection may expose the child to harm.","sortOrder":386},{"sectionNumber":"sec.212","sectionType":"section","heading":"Parent may choose doctor to examine child","content":"### sec.212 Parent may choose doctor to examine child\n\nA designated medical officer, if asked by a parent of the child held at a health care facility under a care and treatment order, must—\nadvise a doctor chosen by the parent of the examination or treatment undertaken for the child; and\nallow the child to be examined by the doctor at the facility.\n- (a) advise a doctor chosen by the parent of the examination or treatment undertaken for the child; and\n- (b) allow the child to be examined by the doctor at the facility.","sortOrder":387},{"sectionNumber":"ch.5-pt.3-div.11","sectionType":"division","heading":"Offences relating to child held at health service facility","content":"## Offences relating to child held at health service facility","sortOrder":388},{"sectionNumber":"sec.213","sectionType":"section","heading":"Offence to remove child","content":"### sec.213 Offence to remove child\n\nThis section applies if a child is held at a health service facility under this part.\nA person must not—\nobstruct a designated medical officer or another person involved in holding a child under a care and treatment order; or\nremove the child—\nfrom the facility; or\nduring transfer from one facility to another; or\nif the child has been removed from the facility or during the transfer, keep the child.\nMaximum penalty—200 penalty units or 18 months imprisonment.\nSubsection (2) applies whether the child is kept within or outside Queensland.\n(sec.213-ssec.1) This section applies if a child is held at a health service facility under this part.\n(sec.213-ssec.2) A person must not— obstruct a designated medical officer or another person involved in holding a child under a care and treatment order; or remove the child— from the facility; or during transfer from one facility to another; or if the child has been removed from the facility or during the transfer, keep the child. Maximum penalty—200 penalty units or 18 months imprisonment.\n(sec.213-ssec.3) Subsection (2) applies whether the child is kept within or outside Queensland.\n- (a) obstruct a designated medical officer or another person involved in holding a child under a care and treatment order; or\n- (b) remove the child— (i) from the facility; or (ii) during transfer from one facility to another; or\n- (i) from the facility; or\n- (ii) during transfer from one facility to another; or\n- (c) if the child has been removed from the facility or during the transfer, keep the child.\n- (i) from the facility; or\n- (ii) during transfer from one facility to another; or","sortOrder":389},{"sectionNumber":"ch.5-pt.4","sectionType":"part","heading":"Disclosure of information for school health programs","content":"# Disclosure of information for school health programs","sortOrder":390},{"sectionNumber":"sec.213AA","sectionType":"section","heading":"Definitions for part","content":"### sec.213AA Definitions for part\n\nIn this part—\nhealth service see the Hospital and Health Boards Act 2011 , section 15 .\nhealth service chief executive ...\ns 213AA def health service chief executive om 2017 No. 16 s 11\nschool health program , in relation to students of a school, means a program carried out to provide the students with any of the following types of health services—\na dental health service;\nan immunisation health service;\na vision screening health service.\ns 213AA def school health program sub 2023 No. 9 s 19\nschool health program provider , in relation to a school health program, means a Service, or an entity engaged by a Service, that carries out the school health program.\nschool principal includes a delegate of the principal.\nService means a Hospital and Health Service established under the Hospital and Health Boards Act 2011 , section 17 .\nstudent , of a school, means a child who is enrolled in the school.\ns 213AA ins 2016 No. 50 s 36\n- (a) a dental health service;\n- (b) an immunisation health service;\n- (c) a vision screening health service.","sortOrder":391},{"sectionNumber":"sec.213AB","sectionType":"section","heading":"Application of part","content":"### sec.213AB Application of part\n\nThis part applies in relation to a school health program provider carrying out, or preparing to carry out, a school health program for students.\ns 213AB ins 2016 No. 50 s 36","sortOrder":392},{"sectionNumber":"sec.213AC","sectionType":"section","heading":"Identifying school health program providers","content":"### sec.213AC Identifying school health program providers\n\nIf the school health program provider is a Service, the health service chief executive of the Service must give the school principal notice stating that the Service is the school health program provider.\nIf the school health program provider is an entity engaged by a Service, the health service chief executive of the Service must give the school principal notice stating that the entity is the school health program provider.\ns 213AC ins 2016 No. 50 s 36\n(sec.213AC-ssec.1) If the school health program provider is a Service, the health service chief executive of the Service must give the school principal notice stating that the Service is the school health program provider.\n(sec.213AC-ssec.2) If the school health program provider is an entity engaged by a Service, the health service chief executive of the Service must give the school principal notice stating that the entity is the school health program provider.","sortOrder":393},{"sectionNumber":"sec.213AD","sectionType":"section","heading":"Disclosure of information about students","content":"### sec.213AD Disclosure of information about students\n\nFor carrying out a function under the school health program, the school health program provider may ask the school principal to provide the following information—\nthe name and date of birth of a student;\nthe name, telephone number, email address and postal address of a parent or guardian of a student;\nany other information prescribed by regulation about a student.\nThe school principal must, within a reasonable period, disclose the information requested if the school principal receives, or has received, a notice under section 213AC stating that the Service or entity that requested the information is the school health program provider.\nHowever, the school principal may refuse to disclose any information about the student if the school principal considers the disclosure is not in the best interests of the student.\nIf, under subsection (3) , the school principal refuses to disclose information about 1 or more students, the school principal must give the school health program provider notice stating how many students have had information withheld for the school health program.\ns 213AD ins 2016 No. 50 s 36\n(sec.213AD-ssec.1) For carrying out a function under the school health program, the school health program provider may ask the school principal to provide the following information— the name and date of birth of a student; the name, telephone number, email address and postal address of a parent or guardian of a student; any other information prescribed by regulation about a student.\n(sec.213AD-ssec.2) The school principal must, within a reasonable period, disclose the information requested if the school principal receives, or has received, a notice under section 213AC stating that the Service or entity that requested the information is the school health program provider.\n(sec.213AD-ssec.3) However, the school principal may refuse to disclose any information about the student if the school principal considers the disclosure is not in the best interests of the student.\n(sec.213AD-ssec.4) If, under subsection (3) , the school principal refuses to disclose information about 1 or more students, the school principal must give the school health program provider notice stating how many students have had information withheld for the school health program.\n- (a) the name and date of birth of a student;\n- (b) the name, telephone number, email address and postal address of a parent or guardian of a student;\n- (c) any other information prescribed by regulation about a student.","sortOrder":394},{"sectionNumber":"sec.213AE","sectionType":"section","heading":"Application of Information Privacy Act 2009 to contracted service providers","content":"### sec.213AE Application of Information Privacy Act 2009 to contracted service providers\n\nThis section applies to a school health program provider that is not—\nan agency under the Information Privacy Act 2009 , section 18 ; or\na health agency under the Information Privacy Act 2009 , schedule 5 .\nFor the purposes of the Information Privacy Act 2009 , chapter 2 , part 3 —\nthe school health program provider is taken to be a bound contracted service provider; and\nthe agreement to provide a school health program between the Service and the school health program provider is taken to be a service arrangement; and\nthe Service is the contracting agency.\ns 213AE ins 2016 No. 50 s 36\namd 2023 No. 32 s 141 s ch 1 pt 2\n(sec.213AE-ssec.1) This section applies to a school health program provider that is not— an agency under the Information Privacy Act 2009 , section 18 ; or a health agency under the Information Privacy Act 2009 , schedule 5 .\n(sec.213AE-ssec.2) For the purposes of the Information Privacy Act 2009 , chapter 2 , part 3 — the school health program provider is taken to be a bound contracted service provider; and the agreement to provide a school health program between the Service and the school health program provider is taken to be a service arrangement; and the Service is the contracting agency.\n- (a) an agency under the Information Privacy Act 2009 , section 18 ; or\n- (b) a health agency under the Information Privacy Act 2009 , schedule 5 .\n- (a) the school health program provider is taken to be a bound contracted service provider; and\n- (b) the agreement to provide a school health program between the Service and the school health program provider is taken to be a service arrangement; and\n- (c) the Service is the contracting agency.","sortOrder":395},{"sectionNumber":"sec.213AF","sectionType":"section","heading":"Delegation by health service chief executive for this part","content":"### sec.213AF Delegation by health service chief executive for this part\n\nA health service chief executive may delegate the health service chief executive’s functions under this part to an appropriately qualified—\nemployee of the Service; or\nhealth service employee employed in the department and working for the Service.\ns 213AF ins 2016 No. 50 s 36\n- (a) employee of the Service; or\n- (b) health service employee employed in the department and working for the Service.","sortOrder":396},{"sectionNumber":"ch.6-pt.1","sectionType":"part","heading":"Perinatal statistics","content":"# Perinatal statistics","sortOrder":397},{"sectionNumber":"ch.6-pt.1-div.1","sectionType":"division","heading":"Definitions","content":"## Definitions","sortOrder":398},{"sectionNumber":"sec.214","sectionType":"section","heading":"Definitions for pt 1","content":"### sec.214 Definitions for pt 1\n\nIn this part—\nbaby means a baby born alive or a baby not born alive.\nbaby born alive means a baby whose heart has beaten after delivery of the baby is completed.\nbaby not born alive means a baby—\nwho has shown no sign of respiration or heartbeat, or other sign of life, after completely leaving the child’s mother; and\nwho—\nhas been gestated for 20 weeks or more; or\nweighs 400 grams or more.\ncollection means the Perinatal Statistics Collection.\ndelivery means the expulsion or extraction of a baby from its mother.\ndesignated person , in relation to a delivery, means—\nif the delivery happens in a hospital, the person in charge of the hospital; or\nif the delivery happens elsewhere than in a hospital—\nif the delivery is attended by a doctor—the doctor; or\nif the delivery is not attended by a doctor, but is attended by a midwife—the midwife; or\nif the delivery is not attended by a doctor or midwife but a doctor undertakes the care and treatment of the mother or baby, because of the delivery of the baby, within 3 months of the delivery—the doctor; or\nin any other case—the mother.\nmidwife ...\ns 214 def midwife sub 2010 No. 14 s 124 sch\nom 2016 No. 8 s 24\nPerinatal Statistics Collection see section 215 (3) .\n- (a) who has shown no sign of respiration or heartbeat, or other sign of life, after completely leaving the child’s mother; and\n- (b) who— (i) has been gestated for 20 weeks or more; or (ii) weighs 400 grams or more.\n- (i) has been gestated for 20 weeks or more; or\n- (ii) weighs 400 grams or more.\n- (i) has been gestated for 20 weeks or more; or\n- (ii) weighs 400 grams or more.\n- (a) if the delivery happens in a hospital, the person in charge of the hospital; or\n- (b) if the delivery happens elsewhere than in a hospital— (i) if the delivery is attended by a doctor—the doctor; or (ii) if the delivery is not attended by a doctor, but is attended by a midwife—the midwife; or (iii) if the delivery is not attended by a doctor or midwife but a doctor undertakes the care and treatment of the mother or baby, because of the delivery of the baby, within 3 months of the delivery—the doctor; or (iv) in any other case—the mother.\n- (i) if the delivery is attended by a doctor—the doctor; or\n- (ii) if the delivery is not attended by a doctor, but is attended by a midwife—the midwife; or\n- (iii) if the delivery is not attended by a doctor or midwife but a doctor undertakes the care and treatment of the mother or baby, because of the delivery of the baby, within 3 months of the delivery—the doctor; or\n- (iv) in any other case—the mother.\n- (i) if the delivery is attended by a doctor—the doctor; or\n- (ii) if the delivery is not attended by a doctor, but is attended by a midwife—the midwife; or\n- (iii) if the delivery is not attended by a doctor or midwife but a doctor undertakes the care and treatment of the mother or baby, because of the delivery of the baby, within 3 months of the delivery—the doctor; or\n- (iv) in any other case—the mother.","sortOrder":399},{"sectionNumber":"ch.6-pt.1-div.2","sectionType":"division","heading":"Establishment and purposes of collection","content":"## Establishment and purposes of collection","sortOrder":400},{"sectionNumber":"sec.215","sectionType":"section","heading":"Collection","content":"### sec.215 Collection\n\nThe chief executive must keep a collection of perinatal statistics.\nThe chief executive may keep the collection in a form the chief executive considers appropriate, including an electronic form.\nThe collection is to be known as the Perinatal Statistics Collection.\n(sec.215-ssec.1) The chief executive must keep a collection of perinatal statistics.\n(sec.215-ssec.2) The chief executive may keep the collection in a form the chief executive considers appropriate, including an electronic form.\n(sec.215-ssec.3) The collection is to be known as the Perinatal Statistics Collection.","sortOrder":401},{"sectionNumber":"sec.216","sectionType":"section","heading":"Purposes of collection","content":"### sec.216 Purposes of collection\n\nThe purposes for establishing the collection are as follows—\nto collect data to help in—\nmonitoring and analysing obstetric and perinatal patterns and outcomes; and\nmonitoring perinatal mortality rates; and\nresearching perinatal care; and\nmonitoring congenital abnormalities;\nto help in the planning of obstetric and perinatal health services.\n- (a) to collect data to help in— (i) monitoring and analysing obstetric and perinatal patterns and outcomes; and (ii) monitoring perinatal mortality rates; and (iii) researching perinatal care; and (iv) monitoring congenital abnormalities;\n- (i) monitoring and analysing obstetric and perinatal patterns and outcomes; and\n- (ii) monitoring perinatal mortality rates; and\n- (iii) researching perinatal care; and\n- (iv) monitoring congenital abnormalities;\n- (b) to help in the planning of obstetric and perinatal health services.\n- (i) monitoring and analysing obstetric and perinatal patterns and outcomes; and\n- (ii) monitoring perinatal mortality rates; and\n- (iii) researching perinatal care; and\n- (iv) monitoring congenital abnormalities;","sortOrder":402},{"sectionNumber":"ch.6-pt.1-div.3","sectionType":"division","heading":"Notifications about perinatal statistics","content":"## Notifications about perinatal statistics","sortOrder":403},{"sectionNumber":"sec.217","sectionType":"section","heading":"Giving notifications to chief executive","content":"### sec.217 Giving notifications to chief executive\n\nAfter a delivery, the designated person must, within the time prescribed under a regulation, notify the chief executive in the approved form.\nMaximum penalty—20 penalty units.","sortOrder":404},{"sectionNumber":"sec.218","sectionType":"section","heading":"Further information may be required","content":"### sec.218 Further information may be required\n\nThis section applies if the chief executive considers further information is required in relation to the notification to ensure the accuracy, completeness or integrity of the collection.\nThe chief executive may give the designated person a notice requiring the designated person to give the further information stated in the notice to the chief executive within the reasonable time stated in the notice.\nThe notice must warn the person that failure to comply with the notice is an offence under this Act.\nA person given a notice under subsection (2) must comply with the notice.\nMaximum penalty—20 penalty units.\nA person who gives information requested under this section who would otherwise be required to maintain confidentiality about the information given under an Act, oath, rule of law or practice—\ndoes not contravene the Act , oath, rule of law or practice by giving the information; and\nis not liable to disciplinary action for giving the information.\nSee for example the Hospital and Health Boards Act 2011 , section 142 .\nAlso, merely because the person gives the information, the person can not be held to have—\nbreached any code of professional etiquette or ethics; or\ndeparted from accepted standards of professional conduct.\ns 218 amd 2011 No. 32 s 332 sch 1 pt 2 (amd 2012 No. 9 s 47 )\n(sec.218-ssec.1) This section applies if the chief executive considers further information is required in relation to the notification to ensure the accuracy, completeness or integrity of the collection.\n(sec.218-ssec.2) The chief executive may give the designated person a notice requiring the designated person to give the further information stated in the notice to the chief executive within the reasonable time stated in the notice.\n(sec.218-ssec.3) The notice must warn the person that failure to comply with the notice is an offence under this Act.\n(sec.218-ssec.4) A person given a notice under subsection (2) must comply with the notice. Maximum penalty—20 penalty units.\n(sec.218-ssec.5) A person who gives information requested under this section who would otherwise be required to maintain confidentiality about the information given under an Act, oath, rule of law or practice— does not contravene the Act , oath, rule of law or practice by giving the information; and is not liable to disciplinary action for giving the information. See for example the Hospital and Health Boards Act 2011 , section 142 .\n(sec.218-ssec.6) Also, merely because the person gives the information, the person can not be held to have— breached any code of professional etiquette or ethics; or departed from accepted standards of professional conduct.\n- (a) does not contravene the Act , oath, rule of law or practice by giving the information; and\n- (b) is not liable to disciplinary action for giving the information.\n- (a) breached any code of professional etiquette or ethics; or\n- (b) departed from accepted standards of professional conduct.","sortOrder":405},{"sectionNumber":"ch.6-pt.1-div.4","sectionType":"division","heading":"Confidentiality","content":"## Confidentiality","sortOrder":406},{"sectionNumber":"sec.219","sectionType":"section","heading":"Definitions for div 4","content":"### sec.219 Definitions for div 4\n\nIn this division—\nconfidential information means information that has become known to a relevant person in the course of performing the relevant person’s functions under this part or the repealed provisions.\nentity of the State ...\ns 219 def entity of the State om 2019 No. 13 s 18\ninformation includes a document.\nrelevant person means the following—\na person who is, or was, the chief executive;\na person who is, or was, involved in the administration or enforcement of this part, including, for example, a health service employee or a public service employee;\na person who was involved in the administration or enforcement of the repealed provisions.\nrepealed provisions means—\nthe Health Act 1937 , part 3 , division 12 ; and\nthe Health Regulation 1996 , part 9 .\n- (a) a person who is, or was, the chief executive;\n- (b) a person who is, or was, involved in the administration or enforcement of this part, including, for example, a health service employee or a public service employee;\n- (c) a person who was involved in the administration or enforcement of the repealed provisions.\n- (a) the Health Act 1937 , part 3 , division 12 ; and\n- (b) the Health Regulation 1996 , part 9 .","sortOrder":407},{"sectionNumber":"sec.220","sectionType":"section","heading":"Confidentiality of information","content":"### sec.220 Confidentiality of information\n\nA relevant person must not, whether directly or indirectly, disclose confidential information.\nMaximum penalty—50 penalty units.\nThe Hospital and Health Boards Act 2011 , section 142 , does not apply to a relevant person in relation to confidential information.\ns 220 amd 2011 No. 32 s 332 sch 1 pt 2 (amd 2012 No. 9 s 47 )\n(sec.220-ssec.1) A relevant person must not, whether directly or indirectly, disclose confidential information. Maximum penalty—50 penalty units.\n(sec.220-ssec.2) The Hospital and Health Boards Act 2011 , section 142 , does not apply to a relevant person in relation to confidential information.","sortOrder":408},{"sectionNumber":"sec.221","sectionType":"section","heading":"Disclosure under an Act or another law","content":"### sec.221 Disclosure under an Act or another law\n\nSection 220 (1) does not apply if the disclosure of the confidential information by a relevant person is authorised under an Act or another law.","sortOrder":409},{"sectionNumber":"sec.222","sectionType":"section","heading":"Disclosure under Act or with written consent etc.","content":"### sec.222 Disclosure under Act or with written consent etc.\n\nSection 220 (1) does not apply if the confidential information is disclosed by a relevant person—\nin the performance of functions under this Act; or\nwith the written consent of the person to whom the information relates; or\nto the person to whom the information relates; or\nin a form that could not identify any person.\n- (a) in the performance of functions under this Act; or\n- (b) with the written consent of the person to whom the information relates; or\n- (c) to the person to whom the information relates; or\n- (d) in a form that could not identify any person.","sortOrder":410},{"sectionNumber":"sec.223","sectionType":"section","heading":"Disclosure of confidential information in the public interest","content":"### sec.223 Disclosure of confidential information in the public interest\n\nSection 220 (1) does not apply to the disclosure of confidential information by a relevant person if—\nthe chief executive believes, on reasonable grounds, the disclosure is in the public interest; and\nthe chief executive has, in writing, authorised the disclosure.\nThe department’s annual report for a financial year under the Financial Accountability Act 2009 must include details of—\nthe nature of any confidential information disclosed under subsection (1) during the financial year; and\nthe purpose for which the confidential information was disclosed.\nHowever, the details mentioned in subsection (2) (a) must not identify, directly or indirectly, the person to whom the confidential information relates.\nDespite the Public Sector Act 2022 , section 282 , the chief executive may not delegate the chief executive’s power under subsection (1) .\ns 223 amd 2009 No. 9 s 136 sch 1 ; 2009 No. 25 s 83 sch ; 2022 No. 34 s 365 sch 3\n(sec.223-ssec.1) Section 220 (1) does not apply to the disclosure of confidential information by a relevant person if— the chief executive believes, on reasonable grounds, the disclosure is in the public interest; and the chief executive has, in writing, authorised the disclosure.\n(sec.223-ssec.2) The department’s annual report for a financial year under the Financial Accountability Act 2009 must include details of— the nature of any confidential information disclosed under subsection (1) during the financial year; and the purpose for which the confidential information was disclosed.\n(sec.223-ssec.3) However, the details mentioned in subsection (2) (a) must not identify, directly or indirectly, the person to whom the confidential information relates.\n(sec.223-ssec.4) Despite the Public Sector Act 2022 , section 282 , the chief executive may not delegate the chief executive’s power under subsection (1) .\n- (a) the chief executive believes, on reasonable grounds, the disclosure is in the public interest; and\n- (b) the chief executive has, in writing, authorised the disclosure.\n- (a) the nature of any confidential information disclosed under subsection (1) during the financial year; and\n- (b) the purpose for which the confidential information was disclosed.","sortOrder":411},{"sectionNumber":"sec.224","sectionType":"section","heading":"Disclosure for data collection and public health monitoring","content":"### sec.224 Disclosure for data collection and public health monitoring\n\nSection 220 (1) does not apply to the disclosure of confidential information by a relevant person if—\nthe disclosure is to an employee of the department or a person approved by the chief executive who is contracted by the department to analyse, monitor or evaluate public health; and\nthe disclosure and receipt of the confidential information is for analysing, monitoring or evaluating public health; and\nthe employee of the department or other person is authorised in writing by the chief executive to receive the confidential information.\n- (a) the disclosure is to an employee of the department or a person approved by the chief executive who is contracted by the department to analyse, monitor or evaluate public health; and\n- (b) the disclosure and receipt of the confidential information is for analysing, monitoring or evaluating public health; and\n- (c) the employee of the department or other person is authorised in writing by the chief executive to receive the confidential information.","sortOrder":412},{"sectionNumber":"sec.225","sectionType":"section","heading":"Disclosure for purposes relating to health services","content":"### sec.225 Disclosure for purposes relating to health services\n\nSection 220 (1) does not apply to the disclosure of confidential information by a relevant person if—\nthe disclosure is to an employee of the department or a person approved by the chief executive who is contracted by the department to evaluate, manage, monitor or plan health services; or\nthe disclosure is to an entity prescribed under a regulation for this paragraph for evaluating, managing, monitoring or planning health services as stated in the regulation.\n- (a) the disclosure is to an employee of the department or a person approved by the chief executive who is contracted by the department to evaluate, manage, monitor or plan health services; or\n- (b) the disclosure is to an entity prescribed under a regulation for this paragraph for evaluating, managing, monitoring or planning health services as stated in the regulation.","sortOrder":413},{"sectionNumber":"sec.226","sectionType":"section","heading":"Disclosure to Commonwealth, another State or Commonwealth or State entity","content":"### sec.226 Disclosure to Commonwealth, another State or Commonwealth or State entity\n\nSection 220 (1) does not apply to the disclosure of confidential information by the chief executive if—\nthe disclosure is to the Commonwealth or another State, or an entity of the Commonwealth or another State and the disclosure—\nis required or allowed under an agreement—\nbetween Queensland and the Commonwealth, State or entity; and\nprescribed under a regulation for this paragraph; and\nis considered by the chief executive to be in the public interest; or\nthe disclosure is to an entity of the State and the disclosure—\nis required or allowed under an agreement—\nbetween the chief executive and the entity; and\nprescribed under a regulation for this paragraph; and\nis considered by the chief executive to be in the public interest.\nThe Commonwealth, a State or entity that receives confidential information under an agreement under subsection (1) —\nmust not give it to anyone else unless allowed to do so by the agreement or in writing by the chief executive; and\nmust ensure the confidential information is used only for the purpose for which it was given under the agreement.\n(sec.226-ssec.1) Section 220 (1) does not apply to the disclosure of confidential information by the chief executive if— the disclosure is to the Commonwealth or another State, or an entity of the Commonwealth or another State and the disclosure— is required or allowed under an agreement— between Queensland and the Commonwealth, State or entity; and prescribed under a regulation for this paragraph; and is considered by the chief executive to be in the public interest; or the disclosure is to an entity of the State and the disclosure— is required or allowed under an agreement— between the chief executive and the entity; and prescribed under a regulation for this paragraph; and is considered by the chief executive to be in the public interest.\n(sec.226-ssec.2) The Commonwealth, a State or entity that receives confidential information under an agreement under subsection (1) — must not give it to anyone else unless allowed to do so by the agreement or in writing by the chief executive; and must ensure the confidential information is used only for the purpose for which it was given under the agreement.\n- (a) the disclosure is to the Commonwealth or another State, or an entity of the Commonwealth or another State and the disclosure— (i) is required or allowed under an agreement— (A) between Queensland and the Commonwealth, State or entity; and (B) prescribed under a regulation for this paragraph; and (ii) is considered by the chief executive to be in the public interest; or\n- (i) is required or allowed under an agreement— (A) between Queensland and the Commonwealth, State or entity; and (B) prescribed under a regulation for this paragraph; and\n- (A) between Queensland and the Commonwealth, State or entity; and\n- (B) prescribed under a regulation for this paragraph; and\n- (ii) is considered by the chief executive to be in the public interest; or\n- (b) the disclosure is to an entity of the State and the disclosure— (i) is required or allowed under an agreement— (A) between the chief executive and the entity; and (B) prescribed under a regulation for this paragraph; and (ii) is considered by the chief executive to be in the public interest.\n- (i) is required or allowed under an agreement— (A) between the chief executive and the entity; and (B) prescribed under a regulation for this paragraph; and\n- (A) between the chief executive and the entity; and\n- (B) prescribed under a regulation for this paragraph; and\n- (ii) is considered by the chief executive to be in the public interest.\n- (i) is required or allowed under an agreement— (A) between Queensland and the Commonwealth, State or entity; and (B) prescribed under a regulation for this paragraph; and\n- (A) between Queensland and the Commonwealth, State or entity; and\n- (B) prescribed under a regulation for this paragraph; and\n- (ii) is considered by the chief executive to be in the public interest; or\n- (A) between Queensland and the Commonwealth, State or entity; and\n- (B) prescribed under a regulation for this paragraph; and\n- (i) is required or allowed under an agreement— (A) between the chief executive and the entity; and (B) prescribed under a regulation for this paragraph; and\n- (A) between the chief executive and the entity; and\n- (B) prescribed under a regulation for this paragraph; and\n- (ii) is considered by the chief executive to be in the public interest.\n- (A) between the chief executive and the entity; and\n- (B) prescribed under a regulation for this paragraph; and\n- (a) must not give it to anyone else unless allowed to do so by the agreement or in writing by the chief executive; and\n- (b) must ensure the confidential information is used only for the purpose for which it was given under the agreement.","sortOrder":414},{"sectionNumber":"sec.227","sectionType":"section","heading":"Disclosure to quality assurance committee","content":"### sec.227 Disclosure to quality assurance committee\n\nSection 220 (1) does not apply to the disclosure of confidential information by a relevant person if the disclosure is to a quality assurance committee, or to a person authorised by the committee to receive the confidential information, to allow the committee to perform its functions.\ns 227 amd 2011 No. 32 s 332 sch 1 pt 2 (amd 2012 No. 9 s 47 )","sortOrder":415},{"sectionNumber":"sec.228","sectionType":"section","heading":"Disclosure to allow chief executive to act","content":"### sec.228 Disclosure to allow chief executive to act\n\nSection 220 (1) does not apply if the disclosure of the confidential information by a relevant person is to the chief executive to allow the chief executive to act under this division.","sortOrder":416},{"sectionNumber":"sec.228A","sectionType":"section","heading":"Disclosure of information for an investigation under the Coroners Act","content":"### sec.228A Disclosure of information for an investigation under the Coroners Act\n\nThis section applies if a coroner is investigating the death of a person.\nThe chief executive may give to the coroner, or to a police officer helping the coroner to investigate the death, information from the collection that is relevant to the person’s death.\nThe coroner or police officer to whom the information is given and anyone else to whom the information is subsequently given under this subsection must not use or disclose the information other than—\nfor a purpose of the investigation; or\nas otherwise required or permitted under this or another Act.\ns 228A ins 2013 No. 57 s 12\n(sec.228A-ssec.1) This section applies if a coroner is investigating the death of a person.\n(sec.228A-ssec.2) The chief executive may give to the coroner, or to a police officer helping the coroner to investigate the death, information from the collection that is relevant to the person’s death.\n(sec.228A-ssec.3) The coroner or police officer to whom the information is given and anyone else to whom the information is subsequently given under this subsection must not use or disclose the information other than— for a purpose of the investigation; or as otherwise required or permitted under this or another Act.\n- (a) for a purpose of the investigation; or\n- (b) as otherwise required or permitted under this or another Act.","sortOrder":417},{"sectionNumber":"sec.228B","sectionType":"section","heading":"Arrangements about transfer of information","content":"### sec.228B Arrangements about transfer of information\n\nThe chief executive may arrange for the transfer of information in the collection for inclusion in the Maternal Death Statistics Collection.\nA person does not commit an offence against section 220 (1) merely because the person does something under the arrangement.\ns 228B ins 2013 No. 57 s 12\n(sec.228B-ssec.1) The chief executive may arrange for the transfer of information in the collection for inclusion in the Maternal Death Statistics Collection.\n(sec.228B-ssec.2) A person does not commit an offence against section 220 (1) merely because the person does something under the arrangement.","sortOrder":418},{"sectionNumber":"sec.228BA","sectionType":"section","heading":"Disclosure for purpose of Health Transparency Act 2019","content":"### sec.228BA Disclosure for purpose of Health Transparency Act 2019\n\nSection 220 (1) does not apply if the disclosure of the confidential information by a relevant person is to any of the following persons who is performing a function under, or relating to the administration of, the Health Transparency Act 2019 —\nthe chief executive;\nan employee of the department;\na contractor who is contracted to provide information and communication technology or information management services to the department.\ns 228BA ins 2019 No. 38 s 75\n- (a) the chief executive;\n- (b) an employee of the department;\n- (c) a contractor who is contracted to provide information and communication technology or information management services to the department.","sortOrder":419},{"sectionNumber":"ch.6-pt.1A","sectionType":"part","heading":"Maternal death statistics","content":"# Maternal death statistics","sortOrder":420},{"sectionNumber":"ch.6-pt.1A-div.1","sectionType":"division","heading":"Definitions","content":"## Definitions","sortOrder":421},{"sectionNumber":"sec.228C","sectionType":"section","heading":"Definitions for pt 1A","content":"### sec.228C Definitions for pt 1A\n\nIn this part—\ncollection means the Maternal Death Statistics Collection.\nhealth professional means—\na registered health practitioner; or\nanother person who provides a health service.\nhealth service see the Hospital and Health Boards Act 2011 , section 15 .\nmaternal death , of a woman, means the death of the woman, from any cause, while she is pregnant or within 365 days after the end of her pregnancy.\nMaternal Death Statistics Collection see section 228D (3) .\nnotification means a notification under section 228F (2) .\nregistered health practitioner means—\na person registered under the Health Practitioner Regulation National Law to practice a health profession, other than a student; or\na person who holds non-practising registration under the Health Practitioner Regulation National Law in a health profession.\ns 228C ins 2013 No. 57 s 13\n- (a) a registered health practitioner; or\n- (b) another person who provides a health service.\n- (a) a person registered under the Health Practitioner Regulation National Law to practice a health profession, other than a student; or\n- (b) a person who holds non-practising registration under the Health Practitioner Regulation National Law in a health profession.","sortOrder":422},{"sectionNumber":"ch.6-pt.1A-div.2","sectionType":"division","heading":"Establishment and purposes of collection","content":"## Establishment and purposes of collection","sortOrder":423},{"sectionNumber":"sec.228D","sectionType":"section","heading":"Collection","content":"### sec.228D Collection\n\nThe chief executive must keep a collection of maternal death statistics.\nThe chief executive may keep the collection in a form the chief executive considers appropriate, including an electronic form.\nThe collection is to be known as the Maternal Death Statistics Collection.\ns 228D ins 2013 No. 57 s 13\n(sec.228D-ssec.1) The chief executive must keep a collection of maternal death statistics.\n(sec.228D-ssec.2) The chief executive may keep the collection in a form the chief executive considers appropriate, including an electronic form.\n(sec.228D-ssec.3) The collection is to be known as the Maternal Death Statistics Collection.","sortOrder":424},{"sectionNumber":"sec.228E","sectionType":"section","heading":"Purposes of collection","content":"### sec.228E Purposes of collection\n\nThe purposes for establishing the collection are as follows—\nto collect data to help in—\nmonitoring maternal mortality rates; and\nincreasing awareness of the incidence and causes of maternal death; and\nmonitoring and analysing maternity patterns and outcomes; and\nresearching obstetric care;\nto help in the planning of maternal health services and strategies to minimise maternal mortality.\ns 228E ins 2013 No. 57 s 13\n- (a) to collect data to help in— (i) monitoring maternal mortality rates; and (ii) increasing awareness of the incidence and causes of maternal death; and (iii) monitoring and analysing maternity patterns and outcomes; and (iv) researching obstetric care;\n- (i) monitoring maternal mortality rates; and\n- (ii) increasing awareness of the incidence and causes of maternal death; and\n- (iii) monitoring and analysing maternity patterns and outcomes; and\n- (iv) researching obstetric care;\n- (b) to help in the planning of maternal health services and strategies to minimise maternal mortality.\n- (i) monitoring maternal mortality rates; and\n- (ii) increasing awareness of the incidence and causes of maternal death; and\n- (iii) monitoring and analysing maternity patterns and outcomes; and\n- (iv) researching obstetric care;","sortOrder":425},{"sectionNumber":"ch.6-pt.1A-div.3","sectionType":"division","heading":"Notifications about maternal death statistics","content":"## Notifications about maternal death statistics","sortOrder":426},{"sectionNumber":"sec.228F","sectionType":"section","heading":"Giving information to chief executive","content":"### sec.228F Giving information to chief executive\n\nThis section applies if a health professional—\nhad primary responsibility for the care or treatment of a woman while she was pregnant or within 365 days after the end of her pregnancy; and\nis aware of the maternal death of the woman.\nThe health professional must, within the time prescribed under a regulation, give the chief executive a notification about the death.\nMaximum penalty—20 penalty units.\nThe notification must—\nbe in the approved form; and\ncontain the information prescribed under a regulation.\ns 228F ins 2013 No. 57 s 13\n(sec.228F-ssec.1) This section applies if a health professional— had primary responsibility for the care or treatment of a woman while she was pregnant or within 365 days after the end of her pregnancy; and is aware of the maternal death of the woman.\n(sec.228F-ssec.2) The health professional must, within the time prescribed under a regulation, give the chief executive a notification about the death. Maximum penalty—20 penalty units.\n(sec.228F-ssec.3) The notification must— be in the approved form; and contain the information prescribed under a regulation.\n- (a) had primary responsibility for the care or treatment of a woman while she was pregnant or within 365 days after the end of her pregnancy; and\n- (b) is aware of the maternal death of the woman.\n- (a) be in the approved form; and\n- (b) contain the information prescribed under a regulation.","sortOrder":427},{"sectionNumber":"sec.228G","sectionType":"section","heading":"Further information may be required","content":"### sec.228G Further information may be required\n\nThis section applies if the chief executive considers further information is required in relation to the notification to ensure the accuracy, completeness or integrity of the collection.\nThe chief executive may give any of the following persons a notice requiring the person to give the further information stated in the notice to the chief executive within the reasonable time stated in the notice—\nthe person who gave the notification;\na health professional involved in the care or treatment of the deceased woman;\nanother health professional who has information that may ensure the accuracy, completeness or integrity of the register.\nThe notice must warn the person that failure to comply with the notice is an offence under this Act.\nA person given a notice under subsection (2) must comply with the notice unless the person has a reasonable excuse.\nMaximum penalty—20 penalty units.\nA person who gives information requested under this section who would otherwise be required to maintain confidentiality about the information given under an Act, oath, rule of law or practice—\ndoes not contravene the Act , oath, rule of law or practice by giving the information; and\nis not liable to disciplinary action for giving the information.\nSee, for example, the Hospital and Health Boards Act 2011 , section 142\nAlso, merely because the person gives the information, the person can not be held to have—\nbreached any code of professional etiquette or ethics; or\ndeparted from accepted standards of professional conduct.\ns 228G ins 2013 No. 57 s 13\n(sec.228G-ssec.1) This section applies if the chief executive considers further information is required in relation to the notification to ensure the accuracy, completeness or integrity of the collection.\n(sec.228G-ssec.2) The chief executive may give any of the following persons a notice requiring the person to give the further information stated in the notice to the chief executive within the reasonable time stated in the notice— the person who gave the notification; a health professional involved in the care or treatment of the deceased woman; another health professional who has information that may ensure the accuracy, completeness or integrity of the register.\n(sec.228G-ssec.3) The notice must warn the person that failure to comply with the notice is an offence under this Act.\n(sec.228G-ssec.4) A person given a notice under subsection (2) must comply with the notice unless the person has a reasonable excuse. Maximum penalty—20 penalty units.\n(sec.228G-ssec.5) A person who gives information requested under this section who would otherwise be required to maintain confidentiality about the information given under an Act, oath, rule of law or practice— does not contravene the Act , oath, rule of law or practice by giving the information; and is not liable to disciplinary action for giving the information. See, for example, the Hospital and Health Boards Act 2011 , section 142\n(sec.228G-ssec.6) Also, merely because the person gives the information, the person can not be held to have— breached any code of professional etiquette or ethics; or departed from accepted standards of professional conduct.\n- (a) the person who gave the notification;\n- (b) a health professional involved in the care or treatment of the deceased woman;\n- (c) another health professional who has information that may ensure the accuracy, completeness or integrity of the register.\n- (a) does not contravene the Act , oath, rule of law or practice by giving the information; and\n- (b) is not liable to disciplinary action for giving the information.\n- (a) breached any code of professional etiquette or ethics; or\n- (b) departed from accepted standards of professional conduct.","sortOrder":428},{"sectionNumber":"ch.6-pt.1A-div.4","sectionType":"division","heading":"Confidentiality","content":"## Confidentiality","sortOrder":429},{"sectionNumber":"sec.228H","sectionType":"section","heading":"Definitions for div 4","content":"### sec.228H Definitions for div 4\n\nIn this division—\nconfidential information means information that has become known to a relevant person in the course of performing the relevant person’s functions under this part.\nentity of the State ...\ns 228H def entity of the State om 2019 No. 13 s 19\ninformation includes a document.\nrelevant person means the following—\na person who is, or was, the chief executive;\na person who is, or was, involved in the administration or enforcement of this part, including, for example, a health service employee or a public service employee.\ns 228H ins 2013 No. 57 s 13\n- (a) a person who is, or was, the chief executive;\n- (b) a person who is, or was, involved in the administration or enforcement of this part, including, for example, a health service employee or a public service employee.","sortOrder":430},{"sectionNumber":"sec.228I","sectionType":"section","heading":"Confidentiality of information","content":"### sec.228I Confidentiality of information\n\nA relevant person must not, whether directly or indirectly, disclose confidential information.\nMaximum penalty—50 penalty units.\nThe Hospital and Health Boards Act 2011 , section 142 does not apply to a relevant person in relation to confidential information.\ns 228I ins 2013 No. 57 s 13\n(sec.228I-ssec.1) A relevant person must not, whether directly or indirectly, disclose confidential information. Maximum penalty—50 penalty units.\n(sec.228I-ssec.2) The Hospital and Health Boards Act 2011 , section 142 does not apply to a relevant person in relation to confidential information.","sortOrder":431},{"sectionNumber":"sec.228J","sectionType":"section","heading":"Disclosure under an Act or another law","content":"### sec.228J Disclosure under an Act or another law\n\nSection 228I (1) does not apply if the disclosure of the confidential information by a relevant person is authorised under an Act or another law.\ns 228J ins 2013 No. 57 s 13","sortOrder":432},{"sectionNumber":"sec.228K","sectionType":"section","heading":"Disclosure under Act or with written consent etc.","content":"### sec.228K Disclosure under Act or with written consent etc.\n\nSection 228I (1) does not apply if the confidential information is disclosed by a relevant person—\nin the performance of functions under this Act; or\nwith the written consent of the person to whom the information relates; or\nto the person to whom the information relates; or\nin a form that could not identify any person.\ns 228K ins 2013 No. 57 s 13\n- (a) in the performance of functions under this Act; or\n- (b) with the written consent of the person to whom the information relates; or\n- (c) to the person to whom the information relates; or\n- (d) in a form that could not identify any person.","sortOrder":433},{"sectionNumber":"sec.228L","sectionType":"section","heading":"Disclosure of confidential information in the public interest","content":"### sec.228L Disclosure of confidential information in the public interest\n\nSection 228I (1) does not apply to the disclosure of confidential information by a relevant person if—\nthe chief executive believes, on reasonable grounds, the disclosure is in the public interest; and\nthe chief executive has, in writing, authorised the disclosure.\nThe department’s annual report for a financial year under the Financial Accountability Act 2009 must include details of—\nthe nature of any confidential information disclosed under subsection (1) during the financial year; and\nthe purpose for which the confidential information was disclosed.\nHowever, the details mentioned in subsection (2) (a) must not identify, directly or indirectly, the person to whom the confidential information relates.\nDespite the Public Sector Act 2022 , section 282 the chief executive may not delegate the chief executive’s power under subsection (1) .\ns 228L ins 2013 No. 57 s 13\namd 2022 No. 34 s 365 sch 3\n(sec.228L-ssec.1) Section 228I (1) does not apply to the disclosure of confidential information by a relevant person if— the chief executive believes, on reasonable grounds, the disclosure is in the public interest; and the chief executive has, in writing, authorised the disclosure.\n(sec.228L-ssec.2) The department’s annual report for a financial year under the Financial Accountability Act 2009 must include details of— the nature of any confidential information disclosed under subsection (1) during the financial year; and the purpose for which the confidential information was disclosed.\n(sec.228L-ssec.3) However, the details mentioned in subsection (2) (a) must not identify, directly or indirectly, the person to whom the confidential information relates.\n(sec.228L-ssec.4) Despite the Public Sector Act 2022 , section 282 the chief executive may not delegate the chief executive’s power under subsection (1) .\n- (a) the chief executive believes, on reasonable grounds, the disclosure is in the public interest; and\n- (b) the chief executive has, in writing, authorised the disclosure.\n- (a) the nature of any confidential information disclosed under subsection (1) during the financial year; and\n- (b) the purpose for which the confidential information was disclosed.","sortOrder":434},{"sectionNumber":"sec.228M","sectionType":"section","heading":"Disclosure for data collection and public health monitoring","content":"### sec.228M Disclosure for data collection and public health monitoring\n\nSection 228I (1) does not apply to the disclosure of confidential information by a relevant person if—\nthe disclosure is to an employee of the department or a person approved by the chief executive who is contracted by the department to analyse, monitor or evaluate public health; and\nthe disclosure and receipt of the confidential information is for analysing, monitoring or evaluating public health; and\nthe employee of the department or other person is authorised in writing by the chief executive to receive the confidential information.\ns 228M ins 2013 No. 57 s 13\n- (a) the disclosure is to an employee of the department or a person approved by the chief executive who is contracted by the department to analyse, monitor or evaluate public health; and\n- (b) the disclosure and receipt of the confidential information is for analysing, monitoring or evaluating public health; and\n- (c) the employee of the department or other person is authorised in writing by the chief executive to receive the confidential information.","sortOrder":435},{"sectionNumber":"sec.228N","sectionType":"section","heading":"Disclosure for purposes relating to health services","content":"### sec.228N Disclosure for purposes relating to health services\n\nSection 228I (1) does not apply to the disclosure of confidential information by a relevant person if—\nthe disclosure is to an employee of the department or a person approved by the chief executive who is contracted by the department to evaluate, manage, monitor or plan health services; or\nthe disclosure is to an entity prescribed under a regulation for this paragraph for evaluating, managing, monitoring or planning health services as stated in the regulation.\ns 228N ins 2013 No. 57 s 13\n- (a) the disclosure is to an employee of the department or a person approved by the chief executive who is contracted by the department to evaluate, manage, monitor or plan health services; or\n- (b) the disclosure is to an entity prescribed under a regulation for this paragraph for evaluating, managing, monitoring or planning health services as stated in the regulation.","sortOrder":436},{"sectionNumber":"sec.228O","sectionType":"section","heading":"Disclosure to Commonwealth, another State or Commonwealth or State entity","content":"### sec.228O Disclosure to Commonwealth, another State or Commonwealth or State entity\n\nSection 228I (1) does not apply to the disclosure of confidential information by the chief executive if—\nthe disclosure is to the Commonwealth or another State, or an entity of the Commonwealth or another State and the disclosure—\nis required or allowed under an agreement—\nbetween Queensland and the Commonwealth, State or entity; and\nprescribed under a regulation for this paragraph; and\nis considered by the chief executive to be in the public interest; or\nthe disclosure is to an entity of the State and the disclosure—\nis required or allowed under an agreement—\nbetween the chief executive and the entity; and\nprescribed under a regulation for this paragraph; and\nis considered by the chief executive to be in the public interest.\nThe Commonwealth, a State or entity that receives confidential information under an agreement under subsection (1) —\nmust not give it to anyone else unless allowed to do so by the agreement or in writing by the chief executive; and\nmust ensure the confidential information is used only for the purpose for which it was given under the agreement.\ns 228O ins 2013 No. 57 s 13\n(sec.228O-ssec.1) Section 228I (1) does not apply to the disclosure of confidential information by the chief executive if— the disclosure is to the Commonwealth or another State, or an entity of the Commonwealth or another State and the disclosure— is required or allowed under an agreement— between Queensland and the Commonwealth, State or entity; and prescribed under a regulation for this paragraph; and is considered by the chief executive to be in the public interest; or the disclosure is to an entity of the State and the disclosure— is required or allowed under an agreement— between the chief executive and the entity; and prescribed under a regulation for this paragraph; and is considered by the chief executive to be in the public interest.\n(sec.228O-ssec.2) The Commonwealth, a State or entity that receives confidential information under an agreement under subsection (1) — must not give it to anyone else unless allowed to do so by the agreement or in writing by the chief executive; and must ensure the confidential information is used only for the purpose for which it was given under the agreement.\n- (a) the disclosure is to the Commonwealth or another State, or an entity of the Commonwealth or another State and the disclosure— (i) is required or allowed under an agreement— (A) between Queensland and the Commonwealth, State or entity; and (B) prescribed under a regulation for this paragraph; and (ii) is considered by the chief executive to be in the public interest; or\n- (i) is required or allowed under an agreement— (A) between Queensland and the Commonwealth, State or entity; and (B) prescribed under a regulation for this paragraph; and\n- (A) between Queensland and the Commonwealth, State or entity; and\n- (B) prescribed under a regulation for this paragraph; and\n- (ii) is considered by the chief executive to be in the public interest; or\n- (b) the disclosure is to an entity of the State and the disclosure— (i) is required or allowed under an agreement— (A) between the chief executive and the entity; and (B) prescribed under a regulation for this paragraph; and (ii) is considered by the chief executive to be in the public interest.\n- (i) is required or allowed under an agreement— (A) between the chief executive and the entity; and (B) prescribed under a regulation for this paragraph; and\n- (A) between the chief executive and the entity; and\n- (B) prescribed under a regulation for this paragraph; and\n- (ii) is considered by the chief executive to be in the public interest.\n- (i) is required or allowed under an agreement— (A) between Queensland and the Commonwealth, State or entity; and (B) prescribed under a regulation for this paragraph; and\n- (A) between Queensland and the Commonwealth, State or entity; and\n- (B) prescribed under a regulation for this paragraph; and\n- (ii) is considered by the chief executive to be in the public interest; or\n- (A) between Queensland and the Commonwealth, State or entity; and\n- (B) prescribed under a regulation for this paragraph; and\n- (i) is required or allowed under an agreement— (A) between the chief executive and the entity; and (B) prescribed under a regulation for this paragraph; and\n- (A) between the chief executive and the entity; and\n- (B) prescribed under a regulation for this paragraph; and\n- (ii) is considered by the chief executive to be in the public interest.\n- (A) between the chief executive and the entity; and\n- (B) prescribed under a regulation for this paragraph; and\n- (a) must not give it to anyone else unless allowed to do so by the agreement or in writing by the chief executive; and\n- (b) must ensure the confidential information is used only for the purpose for which it was given under the agreement.","sortOrder":437},{"sectionNumber":"sec.228P","sectionType":"section","heading":"Disclosure to quality assurance committee","content":"### sec.228P Disclosure to quality assurance committee\n\nSection 228I (1) does not apply to the disclosure of confidential information by a relevant person if the disclosure is to a quality assurance committee, or to a person authorised by the committee to receive the confidential information, to allow the committee to perform its functions.\ns 228P ins 2013 No. 57 s 13","sortOrder":438},{"sectionNumber":"sec.228Q","sectionType":"section","heading":"Disclosure to allow chief executive to act","content":"### sec.228Q Disclosure to allow chief executive to act\n\nSection 228I (1) does not apply if the disclosure of the confidential information by a relevant person is to the chief executive to allow the chief executive to act under this division.\ns 228Q ins 2013 No. 57 s 13","sortOrder":439},{"sectionNumber":"sec.228R","sectionType":"section","heading":"Disclosure of information for an investigation under the Coroners Act","content":"### sec.228R Disclosure of information for an investigation under the Coroners Act\n\nThis section applies if a coroner is investigating the death of a person.\nThe chief executive may give to the coroner, or to a police officer helping the coroner to investigate the death, information from the collection that is relevant to the person’s death.\nThe coroner or police officer to whom the information is given and anyone else to whom the information is subsequently given under this subsection must not use or disclose the information other than—\nfor a purpose of the investigation; or\nas otherwise required or permitted under this or another Act.\ns 228R ins 2013 No. 57 s 13\n(sec.228R-ssec.1) This section applies if a coroner is investigating the death of a person.\n(sec.228R-ssec.2) The chief executive may give to the coroner, or to a police officer helping the coroner to investigate the death, information from the collection that is relevant to the person’s death.\n(sec.228R-ssec.3) The coroner or police officer to whom the information is given and anyone else to whom the information is subsequently given under this subsection must not use or disclose the information other than— for a purpose of the investigation; or as otherwise required or permitted under this or another Act.\n- (a) for a purpose of the investigation; or\n- (b) as otherwise required or permitted under this or another Act.","sortOrder":440},{"sectionNumber":"sec.228S","sectionType":"section","heading":"Arrangements about transfer of information","content":"### sec.228S Arrangements about transfer of information\n\nThe chief executive may arrange for the transfer of information in the collection for inclusion in the Perinatal Statistics Collection.\nA person does not commit an offence against section 228I (1) merely because the person does something under the arrangement.\ns 228S ins 2013 No. 57 s 13\n(sec.228S-ssec.1) The chief executive may arrange for the transfer of information in the collection for inclusion in the Perinatal Statistics Collection.\n(sec.228S-ssec.2) A person does not commit an offence against section 228I (1) merely because the person does something under the arrangement.","sortOrder":441},{"sectionNumber":"ch.6-pt.2","sectionType":"part","heading":"Cancer notifications","content":"# Cancer notifications","sortOrder":442},{"sectionNumber":"ch.6-pt.2-div.1","sectionType":"division","heading":"Definitions","content":"## Definitions","sortOrder":443},{"sectionNumber":"sec.229","sectionType":"section","heading":"Definitions for pt 2","content":"### sec.229 Definitions for pt 2\n\nIn this part—\ncancer means either of the following—\na neoplasm of human tissue—\nin which cell multiplication is uncontrolled and progressive; and\nthat, if unchecked, may invade adjacent tissues or extend beyond its site of origin; and\nthat has the propensity to recur, either locally or remotely in the body;\nskin cancer and non-invasive carcinoma, other than skin cancer and non-invasive carcinoma of a type prescribed under a regulation.\ncontractor see section 232 (1) .\ndirector , of premises, means the person responsible for the day-to-day administration of the premises, whether or not the person has the title of director or has a financial interest in the premises.\ns 229 def director ins 2023 No. 9 s 20 (2)\nnotification about cancer means a notification under section 234 , 234A , 234B , 234C , 234D or 235 .\ns 229 def notification about cancer amd 2023 No. 9 s 20 (3)\nQueensland Cancer Register see section 230 (4) .\nregister means the Queensland Cancer Register.\nresidential care facility ...\ns 229 def residential care facility om 2023 No. 9 s 20 (1)\n- (a) a neoplasm of human tissue— (i) in which cell multiplication is uncontrolled and progressive; and (ii) that, if unchecked, may invade adjacent tissues or extend beyond its site of origin; and (iii) that has the propensity to recur, either locally or remotely in the body;\n- (i) in which cell multiplication is uncontrolled and progressive; and\n- (ii) that, if unchecked, may invade adjacent tissues or extend beyond its site of origin; and\n- (iii) that has the propensity to recur, either locally or remotely in the body;\n- (b) skin cancer and non-invasive carcinoma, other than skin cancer and non-invasive carcinoma of a type prescribed under a regulation.\n- (i) in which cell multiplication is uncontrolled and progressive; and\n- (ii) that, if unchecked, may invade adjacent tissues or extend beyond its site of origin; and\n- (iii) that has the propensity to recur, either locally or remotely in the body;","sortOrder":444},{"sectionNumber":"ch.6-pt.2-div.2","sectionType":"division","heading":"Establishment and purposes of register","content":"## Establishment and purposes of register","sortOrder":445},{"sectionNumber":"sec.230","sectionType":"section","heading":"Register","content":"### sec.230 Register\n\nThe chief executive must keep a register of the persons for whom notifications about cancer have been given to the chief executive or the contractor.\nThe register must include deceased persons for whom notifications about cancer have been given.\nThe chief executive may keep the register in a form the chief executive considers appropriate, including an electronic form.\nThe register is to be known as the Queensland Cancer Register.\n(sec.230-ssec.1) The chief executive must keep a register of the persons for whom notifications about cancer have been given to the chief executive or the contractor.\n(sec.230-ssec.2) The register must include deceased persons for whom notifications about cancer have been given.\n(sec.230-ssec.3) The chief executive may keep the register in a form the chief executive considers appropriate, including an electronic form.\n(sec.230-ssec.4) The register is to be known as the Queensland Cancer Register.","sortOrder":446},{"sectionNumber":"sec.231","sectionType":"section","heading":"Purposes of register","content":"### sec.231 Purposes of register\n\nThe purposes for establishing the register are as follows—\nto collect data to help in—\nmonitoring and analysing the outcomes and patterns of cancer; and\nmonitoring cancer mortality; and\nincreasing public awareness of cancer;\nto help in the planning of services and strategies for the prevention and management of cancer.\n- (a) to collect data to help in— (i) monitoring and analysing the outcomes and patterns of cancer; and (ii) monitoring cancer mortality; and (iii) increasing public awareness of cancer;\n- (i) monitoring and analysing the outcomes and patterns of cancer; and\n- (ii) monitoring cancer mortality; and\n- (iii) increasing public awareness of cancer;\n- (b) to help in the planning of services and strategies for the prevention and management of cancer.\n- (i) monitoring and analysing the outcomes and patterns of cancer; and\n- (ii) monitoring cancer mortality; and\n- (iii) increasing public awareness of cancer;","sortOrder":447},{"sectionNumber":"sec.232","sectionType":"section","heading":"Responsibility for keeping of register","content":"### sec.232 Responsibility for keeping of register\n\nThe chief executive may enter into a written agreement with a person prescribed under a regulation (the contractor ) for the contractor to keep the register for the chief executive.\nThe chief executive must take reasonable steps to ensure the contractor complies with the agreement.\n(sec.232-ssec.1) The chief executive may enter into a written agreement with a person prescribed under a regulation (the contractor ) for the contractor to keep the register for the chief executive.\n(sec.232-ssec.2) The chief executive must take reasonable steps to ensure the contractor complies with the agreement.","sortOrder":448},{"sectionNumber":"ch.6-pt.2-div.3","sectionType":"division","heading":"Notifications about cancer","content":"## Notifications about cancer","sortOrder":449},{"sectionNumber":"sec.233","sectionType":"section","heading":"Application of div 3","content":"### sec.233 Application of div 3\n\nAn obligation to notify or give information under this division for a person includes an obligation to notify or give information for a deceased person.","sortOrder":450},{"sectionNumber":"sec.234","sectionType":"section","heading":"Notification about pathological examination","content":"### sec.234 Notification about pathological examination\n\nThis section applies to the director of a pathology laboratory if—\na pathological examination of a specimen of human origin is carried out at the laboratory; and\neither—\nthe examination indicates the person from whom the specimen was taken has, or has had, cancer; or\nthe director reasonably suspects the examination is a cancer-related follow-up examination.\nThe director must, within the period prescribed by regulation, give the chief executive a notification in the approved form about the pathological examination.\nMaximum penalty—20 penalty units.\nIn this section—\ncancer-related follow-up examination means a pathological examination of a specimen of human origin that is—\ncarried out after the person from whom the specimen was taken has been diagnosed with cancer; and\ncarried out—\nto determine the characteristics or status of the cancer; or\nto support or inform the treatment of the cancer.\ns 234 sub 2023 No. 9 s 21\n(sec.234-ssec.1) This section applies to the director of a pathology laboratory if— a pathological examination of a specimen of human origin is carried out at the laboratory; and either— the examination indicates the person from whom the specimen was taken has, or has had, cancer; or the director reasonably suspects the examination is a cancer-related follow-up examination.\n(sec.234-ssec.2) The director must, within the period prescribed by regulation, give the chief executive a notification in the approved form about the pathological examination. Maximum penalty—20 penalty units.\n(sec.234-ssec.3) In this section— cancer-related follow-up examination means a pathological examination of a specimen of human origin that is— carried out after the person from whom the specimen was taken has been diagnosed with cancer; and carried out— to determine the characteristics or status of the cancer; or to support or inform the treatment of the cancer.\n- (a) a pathological examination of a specimen of human origin is carried out at the laboratory; and\n- (b) either— (i) the examination indicates the person from whom the specimen was taken has, or has had, cancer; or (ii) the director reasonably suspects the examination is a cancer-related follow-up examination.\n- (i) the examination indicates the person from whom the specimen was taken has, or has had, cancer; or\n- (ii) the director reasonably suspects the examination is a cancer-related follow-up examination.\n- (i) the examination indicates the person from whom the specimen was taken has, or has had, cancer; or\n- (ii) the director reasonably suspects the examination is a cancer-related follow-up examination.\n- (a) carried out after the person from whom the specimen was taken has been diagnosed with cancer; and\n- (b) carried out— (i) to determine the characteristics or status of the cancer; or (ii) to support or inform the treatment of the cancer.\n- (i) to determine the characteristics or status of the cancer; or\n- (ii) to support or inform the treatment of the cancer.\n- (i) to determine the characteristics or status of the cancer; or\n- (ii) to support or inform the treatment of the cancer.","sortOrder":451},{"sectionNumber":"sec.234A","sectionType":"section","heading":"Notification about diagnostic imaging procedure","content":"### sec.234A Notification about diagnostic imaging procedure\n\nThis section applies to the director of a diagnostic imaging practice if—\na diagnostic imaging procedure is carried out on a person at the practice; and\neither—\nthe procedure indicates the person has, or has had, or may have, or may have had, cancer; or\nthe director reasonably suspects the procedure is a cancer-related follow-up procedure.\nThe director must, within the period prescribed by regulation, give the chief executive a notification in the approved form about the diagnostic imaging procedure.\nMaximum penalty—20 penalty units.\nIn this section—\ncancer-related follow-up procedure means a diagnostic imaging procedure that is—\ncarried out on a person after the person has been diagnosed with cancer; and\ncarried out—\nto identify the presence or absence of cancer; or\nto support or inform the treatment of the cancer.\ndiagnostic imaging practice means a premises used for carrying out diagnostic imaging procedures.\ndiagnostic imaging procedure means a procedure for producing an image of an internal part of the human body for a diagnostic purpose.\ncomputerised tomography scan, magnetic resonance imaging scan, nuclear scan, positron emission tomography (PET), ultrasound scan, X-ray\ns 234A ins 2023 No. 9 s 21\n(sec.234A-ssec.1) This section applies to the director of a diagnostic imaging practice if— a diagnostic imaging procedure is carried out on a person at the practice; and either— the procedure indicates the person has, or has had, or may have, or may have had, cancer; or the director reasonably suspects the procedure is a cancer-related follow-up procedure.\n(sec.234A-ssec.2) The director must, within the period prescribed by regulation, give the chief executive a notification in the approved form about the diagnostic imaging procedure. Maximum penalty—20 penalty units.\n(sec.234A-ssec.3) In this section— cancer-related follow-up procedure means a diagnostic imaging procedure that is— carried out on a person after the person has been diagnosed with cancer; and carried out— to identify the presence or absence of cancer; or to support or inform the treatment of the cancer. diagnostic imaging practice means a premises used for carrying out diagnostic imaging procedures. diagnostic imaging procedure means a procedure for producing an image of an internal part of the human body for a diagnostic purpose. computerised tomography scan, magnetic resonance imaging scan, nuclear scan, positron emission tomography (PET), ultrasound scan, X-ray\n- (a) a diagnostic imaging procedure is carried out on a person at the practice; and\n- (b) either— (i) the procedure indicates the person has, or has had, or may have, or may have had, cancer; or (ii) the director reasonably suspects the procedure is a cancer-related follow-up procedure.\n- (i) the procedure indicates the person has, or has had, or may have, or may have had, cancer; or\n- (ii) the director reasonably suspects the procedure is a cancer-related follow-up procedure.\n- (i) the procedure indicates the person has, or has had, or may have, or may have had, cancer; or\n- (ii) the director reasonably suspects the procedure is a cancer-related follow-up procedure.\n- (a) carried out on a person after the person has been diagnosed with cancer; and\n- (b) carried out— (i) to identify the presence or absence of cancer; or (ii) to support or inform the treatment of the cancer.\n- (i) to identify the presence or absence of cancer; or\n- (ii) to support or inform the treatment of the cancer.\n- (i) to identify the presence or absence of cancer; or\n- (ii) to support or inform the treatment of the cancer.","sortOrder":452},{"sectionNumber":"sec.234B","sectionType":"section","heading":"Notification about cancer diagnosis at hospital","content":"### sec.234B Notification about cancer diagnosis at hospital\n\nThis section applies to the director of a hospital if—\na person attends the hospital for treatment or care; and\nthe person is diagnosed with cancer by a doctor at the hospital.\nThe director of the hospital must, within the period prescribed by regulation, give the chief executive a notification in the approved form about the diagnosis.\nMaximum penalty—20 penalty units.\ns 234B ins 2023 No. 9 s 21\n(sec.234B-ssec.1) This section applies to the director of a hospital if— a person attends the hospital for treatment or care; and the person is diagnosed with cancer by a doctor at the hospital.\n(sec.234B-ssec.2) The director of the hospital must, within the period prescribed by regulation, give the chief executive a notification in the approved form about the diagnosis. Maximum penalty—20 penalty units.\n- (a) a person attends the hospital for treatment or care; and\n- (b) the person is diagnosed with cancer by a doctor at the hospital.","sortOrder":453},{"sectionNumber":"sec.234C","sectionType":"section","heading":"Notification about cancer-related treatment of hospital patient","content":"### sec.234C Notification about cancer-related treatment of hospital patient\n\nThis section applies to the director of a hospital if—\na person attends the hospital for treatment or care; and\nthe person is provided cancer-related treatment as a patient of the hospital, even if the treatment is not at the hospital.\nThe director of the hospital must, within the period prescribed by regulation, give the chief executive a notification in the approved form about each cancer-related treatment provided to the person.\nMaximum penalty—20 penalty units.\nFor this section, cancer-related treatment —\nis an investigation, procedure or treatment that—\nis provided to a person who has, or has had, cancer; and\nis related to treating the cancer; and\nincludes an investigation, procedure or treatment related to previous treatment for cancer.\ntreatment of an adverse reaction to a medicine administered to treat cancer\nHowever, cancer-related treatment does not include—\na pathological examination in relation to which section 234 applies; or\na diagnostic imaging procedure in relation to which section 234A applies.\ns 234C ins 2023 No. 9 s 21\n(sec.234C-ssec.1) This section applies to the director of a hospital if— a person attends the hospital for treatment or care; and the person is provided cancer-related treatment as a patient of the hospital, even if the treatment is not at the hospital.\n(sec.234C-ssec.2) The director of the hospital must, within the period prescribed by regulation, give the chief executive a notification in the approved form about each cancer-related treatment provided to the person. Maximum penalty—20 penalty units.\n(sec.234C-ssec.3) For this section, cancer-related treatment — is an investigation, procedure or treatment that— is provided to a person who has, or has had, cancer; and is related to treating the cancer; and includes an investigation, procedure or treatment related to previous treatment for cancer. treatment of an adverse reaction to a medicine administered to treat cancer\n(sec.234C-ssec.4) However, cancer-related treatment does not include— a pathological examination in relation to which section 234 applies; or a diagnostic imaging procedure in relation to which section 234A applies.\n- (a) a person attends the hospital for treatment or care; and\n- (b) the person is provided cancer-related treatment as a patient of the hospital, even if the treatment is not at the hospital.\n- (a) is an investigation, procedure or treatment that— (i) is provided to a person who has, or has had, cancer; and (ii) is related to treating the cancer; and\n- (i) is provided to a person who has, or has had, cancer; and\n- (ii) is related to treating the cancer; and\n- (b) includes an investigation, procedure or treatment related to previous treatment for cancer. Example for paragraph (b) — treatment of an adverse reaction to a medicine administered to treat cancer\n- (i) is provided to a person who has, or has had, cancer; and\n- (ii) is related to treating the cancer; and\n- (a) a pathological examination in relation to which section 234 applies; or\n- (b) a diagnostic imaging procedure in relation to which section 234A applies.","sortOrder":454},{"sectionNumber":"sec.234D","sectionType":"section","heading":"Notification about death at hospital","content":"### sec.234D Notification about death at hospital\n\nThis section applies to the director of a hospital if—\na person attends the hospital for treatment or care; and\nthe director reasonably suspects the person has, or has had, cancer; and\nthe person dies while at the hospital.\nThe director of the hospital must, within the period prescribed by regulation, give the chief executive a notification in the approved form about the death of the person.\nMaximum penalty—20 penalty units.\ns 234D ins 2023 No. 9 s 21\n(sec.234D-ssec.1) This section applies to the director of a hospital if— a person attends the hospital for treatment or care; and the director reasonably suspects the person has, or has had, cancer; and the person dies while at the hospital.\n(sec.234D-ssec.2) The director of the hospital must, within the period prescribed by regulation, give the chief executive a notification in the approved form about the death of the person. Maximum penalty—20 penalty units.\n- (a) a person attends the hospital for treatment or care; and\n- (b) the director reasonably suspects the person has, or has had, cancer; and\n- (c) the person dies while at the hospital.","sortOrder":455},{"sectionNumber":"sec.235","sectionType":"section","heading":"Directions to give notifications about cancer to contractor","content":"### sec.235 Directions to give notifications about cancer to contractor\n\nIf a person must, under a relevant provision, give a notification about cancer to the chief executive, the chief executive may give a written direction to the person to give the notification to the contractor in place of the chief executive.\nA direction must state—\nthe name and address of the contractor; and\nthe day the direction is to take effect.\nA person to whom a direction is given under subsection (1) must comply with the direction.\nMaximum penalty—20 penalty units.\nIf, under a direction, a person gives a notification about cancer to the contractor and does not give it to the chief executive, the person does not contravene the relevant provision in relation to the notification.\nThe chief executive must monitor compliance with this section.\nIn this section—\nrelevant provision means section 234 (2) , 234A (2) , 234B (2) , 234C (2) or 234D (2) .\ns 235 amd 2023 No. 9 s 22\n(sec.235-ssec.1) If a person must, under a relevant provision, give a notification about cancer to the chief executive, the chief executive may give a written direction to the person to give the notification to the contractor in place of the chief executive.\n(sec.235-ssec.2) A direction must state— the name and address of the contractor; and the day the direction is to take effect.\n(sec.235-ssec.3) A person to whom a direction is given under subsection (1) must comply with the direction. Maximum penalty—20 penalty units.\n(sec.235-ssec.4) If, under a direction, a person gives a notification about cancer to the contractor and does not give it to the chief executive, the person does not contravene the relevant provision in relation to the notification.\n(sec.235-ssec.5) The chief executive must monitor compliance with this section.\n(sec.235-ssec.6) In this section— relevant provision means section 234 (2) , 234A (2) , 234B (2) , 234C (2) or 234D (2) .\n- (a) the name and address of the contractor; and\n- (b) the day the direction is to take effect.","sortOrder":456},{"sectionNumber":"sec.236","sectionType":"section","heading":"Further information may be required","content":"### sec.236 Further information may be required\n\nThis section applies if the chief executive or contractor considers further information is required in relation to a notification about cancer to ensure the accuracy, completeness or integrity of the register.\nThe chief executive or contractor may give any of the following persons a notice requiring the person to give the further information stated in the notice to the chief executive or contractor within the reasonable time stated in the notice—\nthe person who gave the notification;\na doctor mentioned in the notification;\nanother doctor who has information that may ensure the accuracy, completeness or integrity of the register.\nThe notice must warn the person that failure to comply with the notice is an offence under this Act.\nA person given a notice under subsection (2) must comply with the notice.\nMaximum penalty—20 penalty units.\nA person who gives information requested under this section who would otherwise be required to maintain confidentiality about the information given under an Act, oath, rule of law or practice—\ndoes not contravene the Act , oath, rule of law or practice by giving the information; and\nis not liable to disciplinary action for giving the information.\nSee for example the Hospital and Health Boards Act 2011 , section 142 .\nAlso, merely because the person gives the information, the person can not be held to have—\nbreached any code of professional etiquette or ethics; or\ndeparted from accepted standards of professional conduct.\ns 236 amd 2011 No. 32 s 332 sch 1 pt 2 (amd 2012 No. 9 s 47 ); 2023 No. 9 s 23\n(sec.236-ssec.1) This section applies if the chief executive or contractor considers further information is required in relation to a notification about cancer to ensure the accuracy, completeness or integrity of the register.\n(sec.236-ssec.2) The chief executive or contractor may give any of the following persons a notice requiring the person to give the further information stated in the notice to the chief executive or contractor within the reasonable time stated in the notice— the person who gave the notification; a doctor mentioned in the notification; another doctor who has information that may ensure the accuracy, completeness or integrity of the register.\n(sec.236-ssec.3) The notice must warn the person that failure to comply with the notice is an offence under this Act.\n(sec.236-ssec.4) A person given a notice under subsection (2) must comply with the notice. Maximum penalty—20 penalty units.\n(sec.236-ssec.5) A person who gives information requested under this section who would otherwise be required to maintain confidentiality about the information given under an Act, oath, rule of law or practice— does not contravene the Act , oath, rule of law or practice by giving the information; and is not liable to disciplinary action for giving the information. See for example the Hospital and Health Boards Act 2011 , section 142 .\n(sec.236-ssec.6) Also, merely because the person gives the information, the person can not be held to have— breached any code of professional etiquette or ethics; or departed from accepted standards of professional conduct.\n- (a) the person who gave the notification;\n- (b) a doctor mentioned in the notification;\n- (c) another doctor who has information that may ensure the accuracy, completeness or integrity of the register.\n- (a) does not contravene the Act , oath, rule of law or practice by giving the information; and\n- (b) is not liable to disciplinary action for giving the information.\n- (a) breached any code of professional etiquette or ethics; or\n- (b) departed from accepted standards of professional conduct.","sortOrder":457},{"sectionNumber":"ch.6-pt.2-div.4","sectionType":"division","heading":"Confidentiality","content":"## Confidentiality","sortOrder":458},{"sectionNumber":"sec.237","sectionType":"section","heading":"Definitions for div 4","content":"### sec.237 Definitions for div 4\n\nIn this division—\nconfidential information means information that has become known to a relevant person in the course of performing the relevant person’s functions under this part or the repealed provisions.\nentity of the State ...\ns 237 def entity of the State om 2019 No. 13 s 20\ninformation includes a document.\nrelevant person means the following—\na person who is, or was, the chief executive;\na person who is, or was, involved in the administration of this part, including, for example, a health service employee or a public service employee, but not including a contractor or an employee of a contractor;\na person who was involved in the administration or enforcement of the repealed provisions.\nrepealed provisions means—\nthe Health Act 1937 , part 3 , division 10 ; or\nthe Health Regulation 1996 , part 3 .\n- (a) a person who is, or was, the chief executive;\n- (b) a person who is, or was, involved in the administration of this part, including, for example, a health service employee or a public service employee, but not including a contractor or an employee of a contractor;\n- (c) a person who was involved in the administration or enforcement of the repealed provisions.\n- (a) the Health Act 1937 , part 3 , division 10 ; or\n- (b) the Health Regulation 1996 , part 3 .","sortOrder":459},{"sectionNumber":"sec.238","sectionType":"section","heading":"Confidentiality of information","content":"### sec.238 Confidentiality of information\n\nA relevant person must not, whether directly or indirectly, disclose confidential information.\nMaximum penalty—50 penalty units.\nThe Hospital and Health Boards Act 2011 , section 142 , does not apply to a relevant person in relation to confidential information.\ns 238 amd 2011 No. 32 s 332 sch 1 pt 2 (amd 2012 No. 9 s 47 )\n(sec.238-ssec.1) A relevant person must not, whether directly or indirectly, disclose confidential information. Maximum penalty—50 penalty units.\n(sec.238-ssec.2) The Hospital and Health Boards Act 2011 , section 142 , does not apply to a relevant person in relation to confidential information.","sortOrder":460},{"sectionNumber":"sec.239","sectionType":"section","heading":"Disclosure under an Act or another law","content":"### sec.239 Disclosure under an Act or another law\n\nSection 238 (1) does not apply if the disclosure of the confidential information by a relevant person is authorised under an Act or another law.","sortOrder":461},{"sectionNumber":"sec.240","sectionType":"section","heading":"Disclosure under Act or with written consent etc.","content":"### sec.240 Disclosure under Act or with written consent etc.\n\nSection 238 (1) does not apply if the confidential information is disclosed by a relevant person—\nin the performance of functions under this Act; or\nwith the written consent of the person to whom the information relates; or\nto the person to whom the information relates; or\nin a form that could not identify any person.\n- (a) in the performance of functions under this Act; or\n- (b) with the written consent of the person to whom the information relates; or\n- (c) to the person to whom the information relates; or\n- (d) in a form that could not identify any person.","sortOrder":462},{"sectionNumber":"sec.241","sectionType":"section","heading":"Disclosure of confidential information in the public interest","content":"### sec.241 Disclosure of confidential information in the public interest\n\nSection 238 (1) does not apply to the disclosure of confidential information by a relevant person if—\nthe chief executive believes, on reasonable grounds, the disclosure is in the public interest; and\nthe chief executive has, in writing, authorised the disclosure.\nThe department’s annual report for a financial year under the Financial Accountability Act 2009 must include details of—\nthe nature of any confidential information disclosed under subsection (1) during the financial year; and\nthe purpose for which the confidential information was disclosed.\nHowever, the details mentioned in subsection (2) (a) must not identify, directly or indirectly, the person to whom the confidential information relates.\nDespite the Public Sector Act 2022 , section 282 , the chief executive may not delegate the chief executive’s power under subsection (1) .\ns 241 amd 2009 No. 9 s 136 sch 1 ; 2009 No. 25 s 83 sch ; 2022 No. 34 s 365 sch 3\n(sec.241-ssec.1) Section 238 (1) does not apply to the disclosure of confidential information by a relevant person if— the chief executive believes, on reasonable grounds, the disclosure is in the public interest; and the chief executive has, in writing, authorised the disclosure.\n(sec.241-ssec.2) The department’s annual report for a financial year under the Financial Accountability Act 2009 must include details of— the nature of any confidential information disclosed under subsection (1) during the financial year; and the purpose for which the confidential information was disclosed.\n(sec.241-ssec.3) However, the details mentioned in subsection (2) (a) must not identify, directly or indirectly, the person to whom the confidential information relates.\n(sec.241-ssec.4) Despite the Public Sector Act 2022 , section 282 , the chief executive may not delegate the chief executive’s power under subsection (1) .\n- (a) the chief executive believes, on reasonable grounds, the disclosure is in the public interest; and\n- (b) the chief executive has, in writing, authorised the disclosure.\n- (a) the nature of any confidential information disclosed under subsection (1) during the financial year; and\n- (b) the purpose for which the confidential information was disclosed.","sortOrder":463},{"sectionNumber":"sec.242","sectionType":"section","heading":"Disclosure for data collection and public health monitoring","content":"### sec.242 Disclosure for data collection and public health monitoring\n\nSection 238 (1) does not apply to the disclosure of confidential information by a relevant person if—\nthe disclosure is to an employee of the department or a person approved by the chief executive who is contracted by the department to analyse, monitor or evaluate public health; and\nthe disclosure and receipt of the confidential information is for analysing, monitoring or evaluating public health; and\nthe employee of the department or other person is authorised in writing by the chief executive to receive the confidential information.\n- (a) the disclosure is to an employee of the department or a person approved by the chief executive who is contracted by the department to analyse, monitor or evaluate public health; and\n- (b) the disclosure and receipt of the confidential information is for analysing, monitoring or evaluating public health; and\n- (c) the employee of the department or other person is authorised in writing by the chief executive to receive the confidential information.","sortOrder":464},{"sectionNumber":"sec.243","sectionType":"section","heading":"Disclosure for purposes relating to health services","content":"### sec.243 Disclosure for purposes relating to health services\n\nSection 238 (1) does not apply to the disclosure of confidential information by a relevant person if—\nthe disclosure is to an employee of the department or a person approved by the chief executive who is contracted by the department to evaluate, manage, monitor or plan health services; or\nthe disclosure is to an entity prescribed under a regulation for this paragraph for evaluating, managing, monitoring or planning health services as stated in the regulation.\n- (a) the disclosure is to an employee of the department or a person approved by the chief executive who is contracted by the department to evaluate, manage, monitor or plan health services; or\n- (b) the disclosure is to an entity prescribed under a regulation for this paragraph for evaluating, managing, monitoring or planning health services as stated in the regulation.","sortOrder":465},{"sectionNumber":"sec.244","sectionType":"section","heading":"Disclosure to Commonwealth, another State or Commonwealth or State entity","content":"### sec.244 Disclosure to Commonwealth, another State or Commonwealth or State entity\n\nSection 238 (1) does not apply to the disclosure of confidential information by the chief executive if—\nthe disclosure is to the Commonwealth or another State, or an entity of the Commonwealth or another State and the disclosure—\nis required or allowed under an agreement—\nbetween Queensland and the Commonwealth, State or entity; and\nprescribed under a regulation for this paragraph; and\nis considered by the chief executive to be in the public interest; or\nthe disclosure is to an entity of the State and the disclosure—\nis required or allowed under an agreement—\nbetween the chief executive and the entity; and\nprescribed under a regulation for this paragraph; and\nis considered by the chief executive to be in the public interest.\nThe Commonwealth, a State or entity that receives confidential information under an agreement under subsection (1) —\nmust not give it to anyone else unless allowed to do so by the agreement or in writing by the chief executive; and\nmust ensure the confidential information is used only for the purpose for which it was given under the agreement.\n(sec.244-ssec.1) Section 238 (1) does not apply to the disclosure of confidential information by the chief executive if— the disclosure is to the Commonwealth or another State, or an entity of the Commonwealth or another State and the disclosure— is required or allowed under an agreement— between Queensland and the Commonwealth, State or entity; and prescribed under a regulation for this paragraph; and is considered by the chief executive to be in the public interest; or the disclosure is to an entity of the State and the disclosure— is required or allowed under an agreement— between the chief executive and the entity; and prescribed under a regulation for this paragraph; and is considered by the chief executive to be in the public interest.\n(sec.244-ssec.2) The Commonwealth, a State or entity that receives confidential information under an agreement under subsection (1) — must not give it to anyone else unless allowed to do so by the agreement or in writing by the chief executive; and must ensure the confidential information is used only for the purpose for which it was given under the agreement.\n- (a) the disclosure is to the Commonwealth or another State, or an entity of the Commonwealth or another State and the disclosure— (i) is required or allowed under an agreement— (A) between Queensland and the Commonwealth, State or entity; and (B) prescribed under a regulation for this paragraph; and (ii) is considered by the chief executive to be in the public interest; or\n- (i) is required or allowed under an agreement— (A) between Queensland and the Commonwealth, State or entity; and (B) prescribed under a regulation for this paragraph; and\n- (A) between Queensland and the Commonwealth, State or entity; and\n- (B) prescribed under a regulation for this paragraph; and\n- (ii) is considered by the chief executive to be in the public interest; or\n- (b) the disclosure is to an entity of the State and the disclosure— (i) is required or allowed under an agreement— (A) between the chief executive and the entity; and (B) prescribed under a regulation for this paragraph; and (ii) is considered by the chief executive to be in the public interest.\n- (i) is required or allowed under an agreement— (A) between the chief executive and the entity; and (B) prescribed under a regulation for this paragraph; and\n- (A) between the chief executive and the entity; and\n- (B) prescribed under a regulation for this paragraph; and\n- (ii) is considered by the chief executive to be in the public interest.\n- (i) is required or allowed under an agreement— (A) between Queensland and the Commonwealth, State or entity; and (B) prescribed under a regulation for this paragraph; and\n- (A) between Queensland and the Commonwealth, State or entity; and\n- (B) prescribed under a regulation for this paragraph; and\n- (ii) is considered by the chief executive to be in the public interest; or\n- (A) between Queensland and the Commonwealth, State or entity; and\n- (B) prescribed under a regulation for this paragraph; and\n- (i) is required or allowed under an agreement— (A) between the chief executive and the entity; and (B) prescribed under a regulation for this paragraph; and\n- (A) between the chief executive and the entity; and\n- (B) prescribed under a regulation for this paragraph; and\n- (ii) is considered by the chief executive to be in the public interest.\n- (A) between the chief executive and the entity; and\n- (B) prescribed under a regulation for this paragraph; and\n- (a) must not give it to anyone else unless allowed to do so by the agreement or in writing by the chief executive; and\n- (b) must ensure the confidential information is used only for the purpose for which it was given under the agreement.","sortOrder":466},{"sectionNumber":"sec.245","sectionType":"section","heading":"Disclosure to quality assurance committee","content":"### sec.245 Disclosure to quality assurance committee\n\nSection 238 (1) does not apply to the disclosure of confidential information by a relevant person if the disclosure is to a quality assurance committee, or to a person authorised by the committee to receive the confidential information, to allow the committee to perform its functions.\ns 245 amd 2011 No. 32 s 332 sch 1 pt 2 (amd 2012 No. 9 s 47 )","sortOrder":467},{"sectionNumber":"sec.246","sectionType":"section","heading":"Disclosure to contractor or employee of contractor for maintaining the register","content":"### sec.246 Disclosure to contractor or employee of contractor for maintaining the register\n\nSection 238 (1) does not apply if the disclosure of the confidential information is by the chief executive to the contractor, or an employee of the contractor, for maintaining the register.","sortOrder":468},{"sectionNumber":"sec.247","sectionType":"section","heading":"Disclosure to allow chief executive to act","content":"### sec.247 Disclosure to allow chief executive to act\n\nSection 238 (1) does not apply if the disclosure of the confidential information by a relevant person is to the chief executive to allow the chief executive to act under this division.","sortOrder":469},{"sectionNumber":"sec.248","sectionType":"section","heading":"Confidentiality of information for contractors","content":"### sec.248 Confidentiality of information for contractors\n\nA contractor or employee of a contractor must not, whether directly or indirectly, disclose confidential information.\nMaximum penalty—50 penalty units.","sortOrder":470},{"sectionNumber":"sec.249","sectionType":"section","heading":"Disclosure by contractor","content":"### sec.249 Disclosure by contractor\n\nSection 248 does not apply to the disclosure of confidential information by the contractor or an employee of the contractor if the disclosure—\nis made in the performance of functions under this part; or\nis made in a form that does not identify any person; or\nis made to the chief executive, at the written request of the chief executive stating the chief executive considers the disclosure is necessary for ensuring the proper administration of this part; or\nis made to a person or entity to which the chief executive may make the disclosure under section 242 , 243 or 244 , if the chief executive authorises the contractor, in writing, to disclose the information; or\nis for the purpose of giving information under chapter 6 , part 4 , division 2 for research, if the chief executive authorises the contractor, in writing, to disclose the information; or\nis authorised under an Act or another law.\n- (a) is made in the performance of functions under this part; or\n- (b) is made in a form that does not identify any person; or\n- (c) is made to the chief executive, at the written request of the chief executive stating the chief executive considers the disclosure is necessary for ensuring the proper administration of this part; or\n- (d) is made to a person or entity to which the chief executive may make the disclosure under section 242 , 243 or 244 , if the chief executive authorises the contractor, in writing, to disclose the information; or\n- (e) is for the purpose of giving information under chapter 6 , part 4 , division 2 for research, if the chief executive authorises the contractor, in writing, to disclose the information; or\n- (f) is authorised under an Act or another law.","sortOrder":471},{"sectionNumber":"sec.250","sectionType":"section","heading":null,"content":"### Section sec.250\n\ns 250 om 2020 No. 31 s 29","sortOrder":472},{"sectionNumber":"ch.6-pt.3","sectionType":"part","heading":null,"content":"","sortOrder":473},{"sectionNumber":"ch.6-pt.3-div.1","sectionType":"division","heading":null,"content":"","sortOrder":474},{"sectionNumber":"sec.251","sectionType":"section","heading":null,"content":"### Section sec.251\n\ns 251 om 2020 No. 31 s 30","sortOrder":475},{"sectionNumber":"sec.252","sectionType":"section","heading":null,"content":"### Section sec.252\n\ns 252 amd 2006 No. 25 s 241 (2) sch 4\nom 2020 No. 31 s 30","sortOrder":476},{"sectionNumber":"ch.6-pt.3-div.2","sectionType":"division","heading":null,"content":"","sortOrder":477},{"sectionNumber":"sec.253","sectionType":"section","heading":null,"content":"### Section sec.253\n\ns 253 om 2020 No. 31 s 30","sortOrder":478},{"sectionNumber":"sec.254","sectionType":"section","heading":null,"content":"### Section sec.254\n\ns 254 amd 2006 No. 25 s 241 (2) sch 4\nom 2020 No. 31 s 30","sortOrder":479},{"sectionNumber":"sec.255","sectionType":"section","heading":null,"content":"### Section sec.255\n\ns 255 om 2020 No. 31 s 30","sortOrder":480},{"sectionNumber":"ch.6-pt.3-div.3","sectionType":"division","heading":null,"content":"","sortOrder":481},{"sectionNumber":"sec.256","sectionType":"section","heading":null,"content":"### Section sec.256\n\ns 256 amd 2006 No. 25 s 241 (2) sch 4\nom 2020 No. 31 s 30","sortOrder":482},{"sectionNumber":"sec.257","sectionType":"section","heading":null,"content":"### Section sec.257\n\ns 257 amd 2006 No. 25 s 241 (2) sch 4\nom 2020 No. 31 s 30","sortOrder":483},{"sectionNumber":"sec.258","sectionType":"section","heading":null,"content":"### Section sec.258\n\ns 258 amd 2006 No. 25 s 241 (2) sch 4\nom 2020 No. 31 s 30","sortOrder":484},{"sectionNumber":"sec.259","sectionType":"section","heading":null,"content":"### Section sec.259\n\ns 259 amd 2006 No. 25 s 241 (2) sch 4\nom 2020 No. 31 s 30","sortOrder":485},{"sectionNumber":"ch.6-pt.3-div.4","sectionType":"division","heading":null,"content":"","sortOrder":486},{"sectionNumber":"sec.260","sectionType":"section","heading":null,"content":"### Section sec.260\n\ns 260 om 2020 No. 31 s 30","sortOrder":487},{"sectionNumber":"sec.261","sectionType":"section","heading":null,"content":"### Section sec.261\n\ns 261 om 2020 No. 31 s 30","sortOrder":488},{"sectionNumber":"sec.262","sectionType":"section","heading":null,"content":"### Section sec.262\n\ns 262 om 2020 No. 31 s 30","sortOrder":489},{"sectionNumber":"sec.263","sectionType":"section","heading":null,"content":"### Section sec.263\n\ns 263 om 2020 No. 31 s 30","sortOrder":490},{"sectionNumber":"sec.264","sectionType":"section","heading":null,"content":"### Section sec.264\n\ns 264 om 2020 No. 31 s 30","sortOrder":491},{"sectionNumber":"sec.265","sectionType":"section","heading":null,"content":"### Section sec.265\n\ns 265 amd 2006 No. 25 s 241 (2) sch 4 ; 2011 No. 32 s 332 sch 1 pt 2 (amd 2012 No. 9 s 47 )\nom 2020 No. 31 s 30","sortOrder":492},{"sectionNumber":"ch.6-pt.3-div.5","sectionType":"division","heading":null,"content":"","sortOrder":493},{"sectionNumber":"sec.266","sectionType":"section","heading":null,"content":"### Section sec.266\n\ns 266 amd 2011 No. 32 s 332 sch 1 pt 2 (amd 2012 No. 9 s 47 )\nom 2020 No. 31 s 30","sortOrder":494},{"sectionNumber":"sec.267","sectionType":"section","heading":null,"content":"### Section sec.267\n\ns 267 om 2020 No. 31 s 30","sortOrder":495},{"sectionNumber":"sec.268","sectionType":"section","heading":null,"content":"### Section sec.268\n\ns 268 om 2020 No. 31 s 30","sortOrder":496},{"sectionNumber":"sec.269","sectionType":"section","heading":null,"content":"### Section sec.269\n\ns 269 om 2020 No. 31 s 30","sortOrder":497},{"sectionNumber":"sec.270","sectionType":"section","heading":null,"content":"### Section sec.270\n\ns 270 amd 2011 No. 32 s 332 sch 1 pt 2 (amd 2012 No. 9 s 47 )\nom 2020 No. 31 s 30","sortOrder":498},{"sectionNumber":"sec.271","sectionType":"section","heading":null,"content":"### Section sec.271\n\ns 271 om 2020 No. 31 s 30","sortOrder":499},{"sectionNumber":"sec.272","sectionType":"section","heading":null,"content":"### Section sec.272\n\ns 272 om 2020 No. 31 s 30","sortOrder":500},{"sectionNumber":"sec.273","sectionType":"section","heading":null,"content":"### Section sec.273\n\ns 273 amd 2006 No. 25 s 241 (2) sch 4\nom 2020 No. 31 s 30","sortOrder":501},{"sectionNumber":"sec.274","sectionType":"section","heading":null,"content":"### Section sec.274\n\ns 274 om 2020 No. 31 s 30","sortOrder":502},{"sectionNumber":"sec.275","sectionType":"section","heading":null,"content":"### Section sec.275\n\ns 275 amd 2006 No. 25 s 241 (2) sch 4\nom 2020 No. 31 s 30","sortOrder":503},{"sectionNumber":"sec.276","sectionType":"section","heading":null,"content":"### Section sec.276\n\ns 276 amd 2006 No. 25 s 241 (2) sch 4\nom 2020 No. 31 s 30","sortOrder":504},{"sectionNumber":"ch.6-pt.3-div.6","sectionType":"division","heading":null,"content":"","sortOrder":505},{"sectionNumber":"sec.277","sectionType":"section","heading":null,"content":"### Section sec.277\n\ns 277 amd 2006 No. 25 s 241 (2) sch 4\nom 2020 No. 31 s 30","sortOrder":506},{"sectionNumber":"sec.278","sectionType":"section","heading":null,"content":"### Section sec.278\n\ns 278 om 2020 No. 31 s 30","sortOrder":507},{"sectionNumber":"sec.279","sectionType":"section","heading":null,"content":"### Section sec.279\n\ns 279 om 2020 No. 31 s 30","sortOrder":508},{"sectionNumber":"ch.6-pt.3A","sectionType":"part","heading":"Notifiable occupational respiratory diseases","content":"# Notifiable occupational respiratory diseases","sortOrder":509},{"sectionNumber":"ch.6-pt.3A-div.1","sectionType":"division","heading":"Notifying information for national registry","content":"## Notifying information for national registry","sortOrder":510},{"sectionNumber":"sec.279AA","sectionType":"section","heading":"Definitions for division","content":"### sec.279AA Definitions for division\n\nIn this division—\nCommonwealth Act means the National Occupational Respiratory Disease Registry Act 2023 (Cwlth) .\nCommonwealth chief medical officer ...\ns 279AA def Commonwealth chief medical officer om 2025 No. 29 s 89 sch 1\nnational registry see the Commonwealth Act , section 8 .\nprescribed medical practitioner means a medical practitioner who is a member of a class of persons prescribed by regulation.\nrelevant Commonwealth officer means the person to whom notifications must be made under the Commonwealth Act , section 14 (1) .\ns 279AA def relevant Commonwealth officer ins 2025 No. 29 s 89 sch 1\ns 279AA ins 2019 No. 13 s 22\nsub 2025 No. 21 s 44","sortOrder":511},{"sectionNumber":"sec.279AB","sectionType":"section","heading":"Obligation to notify relevant Commonwealth officer","content":"### sec.279AB Obligation to notify relevant Commonwealth officer\n\nThis section applies if a prescribed medical practitioner diagnoses a person with a notifiable occupational respiratory disease.\nThe prescribed medical practitioner must, unless the practitioner has a reasonable excuse, give the relevant Commonwealth officer a notification, within the period prescribed by regulation, that—\nis in the approved form under the Commonwealth Act ; and\nstates the minimum notification information in relation to the person.\nMaximum penalty—20 penalty units.\nSubsection (2) applies whether or not the person consents to the notification.\nIn this section—\nminimum notification information see the Commonwealth Act , section 12 (2) .\nnotifiable occupational respiratory disease —\nmeans a medical condition, prescribed by regulation, that is—\nassociated with a person’s respiratory system; and\nlikely to have been caused or exacerbated, in whole or in part, by the person’s work or workplace; but\ndoes not include a medical condition that is a prescribed occupational respiratory disease under the Commonwealth Act .\nSee the Commonwealth Act , section 14 in relation to notifying information about prescribed occupational respiratory diseases under that Act.\nperson includes a person who is deceased.\ns 279AB ins 2019 No. 13 s 22\nsub 2025 No. 21 s 44\namd 2025 No. 29 s 89 sch 1\n(sec.279AB-ssec.1) This section applies if a prescribed medical practitioner diagnoses a person with a notifiable occupational respiratory disease.\n(sec.279AB-ssec.2) The prescribed medical practitioner must, unless the practitioner has a reasonable excuse, give the relevant Commonwealth officer a notification, within the period prescribed by regulation, that— is in the approved form under the Commonwealth Act ; and states the minimum notification information in relation to the person. Maximum penalty—20 penalty units.\n(sec.279AB-ssec.3) Subsection (2) applies whether or not the person consents to the notification.\n(sec.279AB-ssec.4) In this section— minimum notification information see the Commonwealth Act , section 12 (2) . notifiable occupational respiratory disease — means a medical condition, prescribed by regulation, that is— associated with a person’s respiratory system; and likely to have been caused or exacerbated, in whole or in part, by the person’s work or workplace; but does not include a medical condition that is a prescribed occupational respiratory disease under the Commonwealth Act . See the Commonwealth Act , section 14 in relation to notifying information about prescribed occupational respiratory diseases under that Act. person includes a person who is deceased.\n- (a) is in the approved form under the Commonwealth Act ; and\n- (b) states the minimum notification information in relation to the person.\n- (a) means a medical condition, prescribed by regulation, that is— (i) associated with a person’s respiratory system; and (ii) likely to have been caused or exacerbated, in whole or in part, by the person’s work or workplace; but\n- (i) associated with a person’s respiratory system; and\n- (ii) likely to have been caused or exacerbated, in whole or in part, by the person’s work or workplace; but\n- (b) does not include a medical condition that is a prescribed occupational respiratory disease under the Commonwealth Act . Note— See the Commonwealth Act , section 14 in relation to notifying information about prescribed occupational respiratory diseases under that Act.\n- (i) associated with a person’s respiratory system; and\n- (ii) likely to have been caused or exacerbated, in whole or in part, by the person’s work or workplace; but","sortOrder":512},{"sectionNumber":"sec.279AC","sectionType":"section","heading":"Authorisation relating to information in national registry","content":"### sec.279AC Authorisation relating to information in national registry\n\nThis section applies if—\na prescribed medical practitioner—\ngives the relevant Commonwealth officer information for inclusion in the national registry; or\ncorrects or updates information in the national registry; and\nthe giving, correcting or updating of the information is—\nrequired or permitted under this Act or the Commonwealth Act ; or\nin compliance with a request for information made under the Commonwealth Act ; and\nthe prescribed medical practitioner would otherwise be required to maintain confidentiality about the information under an Act, oath, rule of law or practice.\nThe prescribed medical practitioner—\ndoes not contravene the Act , oath, rule of law or practice by giving, correcting or updating the information; and\nis not liable to disciplinary action for giving, correcting or updating the information.\nAlso, merely because the prescribed medical practitioner gives, corrects or updates the information, the practitioner can not be held to have—\nbreached any code of professional etiquette or ethics; or\ndeparted from accepted standards of professional conduct.\ns 279AC ins 2019 No. 13 s 22\nsub 2025 No. 21 s 44\namd 2025 No. 29 s 89 sch 1\n(sec.279AC-ssec.1) This section applies if— a prescribed medical practitioner— gives the relevant Commonwealth officer information for inclusion in the national registry; or corrects or updates information in the national registry; and the giving, correcting or updating of the information is— required or permitted under this Act or the Commonwealth Act ; or in compliance with a request for information made under the Commonwealth Act ; and the prescribed medical practitioner would otherwise be required to maintain confidentiality about the information under an Act, oath, rule of law or practice.\n(sec.279AC-ssec.2) The prescribed medical practitioner— does not contravene the Act , oath, rule of law or practice by giving, correcting or updating the information; and is not liable to disciplinary action for giving, correcting or updating the information.\n(sec.279AC-ssec.3) Also, merely because the prescribed medical practitioner gives, corrects or updates the information, the practitioner can not be held to have— breached any code of professional etiquette or ethics; or departed from accepted standards of professional conduct.\n- (a) a prescribed medical practitioner— (i) gives the relevant Commonwealth officer information for inclusion in the national registry; or (ii) corrects or updates information in the national registry; and\n- (i) gives the relevant Commonwealth officer information for inclusion in the national registry; or\n- (ii) corrects or updates information in the national registry; and\n- (b) the giving, correcting or updating of the information is— (i) required or permitted under this Act or the Commonwealth Act ; or (ii) in compliance with a request for information made under the Commonwealth Act ; and\n- (i) required or permitted under this Act or the Commonwealth Act ; or\n- (ii) in compliance with a request for information made under the Commonwealth Act ; and\n- (c) the prescribed medical practitioner would otherwise be required to maintain confidentiality about the information under an Act, oath, rule of law or practice.\n- (i) gives the relevant Commonwealth officer information for inclusion in the national registry; or\n- (ii) corrects or updates information in the national registry; and\n- (i) required or permitted under this Act or the Commonwealth Act ; or\n- (ii) in compliance with a request for information made under the Commonwealth Act ; and\n- (a) does not contravene the Act , oath, rule of law or practice by giving, correcting or updating the information; and\n- (b) is not liable to disciplinary action for giving, correcting or updating the information.\n- (a) breached any code of professional etiquette or ethics; or\n- (b) departed from accepted standards of professional conduct.","sortOrder":513},{"sectionNumber":"ch.6-pt.3A-div.2","sectionType":"division","heading":"Historical dust lung disease register","content":"## Historical dust lung disease register","sortOrder":514},{"sectionNumber":"sec.279AD","sectionType":"section","heading":"Definitions for division","content":"### sec.279AD Definitions for division\n\nIn this division—\nconfidential information —\nmeans information about a person’s personal affairs or health that is, or has been, recorded in the historical dust lung disease register; but\ndoes not include information that is publicly available.\ndisclose includes give access to.\nhistorical dust lung disease register means the register kept under section 279AE .\ninformation includes a document.\nrelevant person means—\na person who is, or has been, the chief executive; or\na person who—\nis, or has been, a public sector employee performing functions under, or relating to the administration of, this Act; and\nin that capacity, has acquired or has access to confidential information; or\na person who, in compliance with this Act, gave confidential information to a person mentioned in paragraph (a) or (b) ; or\na person who, whether directly or indirectly, has acquired or has access to confidential information from, or through involvement with, a person mentioned in paragraph (a) , (b) or (c) .\ns 279AD ins 2019 No. 13 s 22\nsub 2025 No. 21 s 44\n- (a) means information about a person’s personal affairs or health that is, or has been, recorded in the historical dust lung disease register; but\n- (b) does not include information that is publicly available.\n- (a) a person who is, or has been, the chief executive; or\n- (b) a person who— (i) is, or has been, a public sector employee performing functions under, or relating to the administration of, this Act; and (ii) in that capacity, has acquired or has access to confidential information; or\n- (i) is, or has been, a public sector employee performing functions under, or relating to the administration of, this Act; and\n- (ii) in that capacity, has acquired or has access to confidential information; or\n- (c) a person who, in compliance with this Act, gave confidential information to a person mentioned in paragraph (a) or (b) ; or\n- (d) a person who, whether directly or indirectly, has acquired or has access to confidential information from, or through involvement with, a person mentioned in paragraph (a) , (b) or (c) .\n- (i) is, or has been, a public sector employee performing functions under, or relating to the administration of, this Act; and\n- (ii) in that capacity, has acquired or has access to confidential information; or","sortOrder":515},{"sectionNumber":"sec.279AE","sectionType":"section","heading":"Chief executive to keep information in historical dust lung disease register","content":"### sec.279AE Chief executive to keep information in historical dust lung disease register\n\nThe chief executive must keep a register of historical dust lung disease information in a form the chief executive considers appropriate, including, for example, an electronic form.\nIn this section—\nformer section 279AB means section 279AB as in force from time to time before the commencement.\nhistorical dust lung disease information means the information that was kept, immediately before the commencement, in the Notifiable Dust Lung Disease Register under former 279AB.\ns 279AE ins 2019 No. 13 s 22\nsub 2025 No. 21 s 44\n(sec.279AE-ssec.1) The chief executive must keep a register of historical dust lung disease information in a form the chief executive considers appropriate, including, for example, an electronic form.\n(sec.279AE-ssec.2) In this section— former section 279AB means section 279AB as in force from time to time before the commencement. historical dust lung disease information means the information that was kept, immediately before the commencement, in the Notifiable Dust Lung Disease Register under former 279AB.","sortOrder":516},{"sectionNumber":"sec.279AF","sectionType":"section","heading":"Restriction on disclosure of confidential information","content":"### sec.279AF Restriction on disclosure of confidential information\n\nA relevant person must not disclose, directly or indirectly, confidential information to another person other than under this division.\nMaximum penalty—50 penalty units\nThe Hospital and Health Boards Act 2011 , section 142 or 142A does not apply to a relevant person in relation to disclosing confidential information.\ns 279AF ins 2019 No. 13 s 22\namd 2024 No. 7 s 20\nsub 2025 No. 21 s 44\n(sec.279AF-ssec.1) A relevant person must not disclose, directly or indirectly, confidential information to another person other than under this division. Maximum penalty—50 penalty units\n(sec.279AF-ssec.2) The Hospital and Health Boards Act 2011 , section 142 or 142A does not apply to a relevant person in relation to disclosing confidential information.","sortOrder":517},{"sectionNumber":"sec.279AG","sectionType":"section","heading":"Disclosure generally","content":"### sec.279AG Disclosure generally\n\nA relevant person may disclose confidential information to another person—\nto the extent the disclosure is required or permitted under this Act or another Act, or to perform the relevant person’s functions under this Act or another Act; or\nwith the consent of the person to whom the information relates; or\nin compliance with a lawful process requiring the production of documents or giving of evidence before a court or tribunal; or\nif the information is in a form that does not identify the person to whom the information relates; or\nif the disclosure is otherwise required or permitted under another law.\ns 279AG ins 2019 No. 13 s 22\nsub 2025 No. 21 s 44\n- (a) to the extent the disclosure is required or permitted under this Act or another Act, or to perform the relevant person’s functions under this Act or another Act; or\n- (b) with the consent of the person to whom the information relates; or\n- (c) in compliance with a lawful process requiring the production of documents or giving of evidence before a court or tribunal; or\n- (d) if the information is in a form that does not identify the person to whom the information relates; or\n- (e) if the disclosure is otherwise required or permitted under another law.","sortOrder":518},{"sectionNumber":"sec.279AH","sectionType":"section","heading":"Disclosure for data collection and public health monitoring","content":"### sec.279AH Disclosure for data collection and public health monitoring\n\nThe chief executive may disclose confidential information to a person who is contracted by the department to analyse, monitor or evaluate public health if—\nthe person is authorised in writing by the chief executive to receive the information; and\nthe chief executive is satisfied the person will use the information only for analysing, monitoring or evaluating public health.\ns 279AH ins 2019 No. 13 s 22\nsub 2025 No. 21 s 44\n- (a) the person is authorised in writing by the chief executive to receive the information; and\n- (b) the chief executive is satisfied the person will use the information only for analysing, monitoring or evaluating public health.","sortOrder":519},{"sectionNumber":"sec.279AI","sectionType":"section","heading":"Disclosure to entity of the State or corresponding entity","content":"### sec.279AI Disclosure to entity of the State or corresponding entity\n\nThis section applies if the disclosure of confidential information is required or permitted under an agreement that—\nis between—\nthe chief executive or the State; and\nan entity of the State or a corresponding entity; and\nis prescribed by regulation.\nThe chief executive may disclose confidential information to the entity of the State, or the corresponding entity, as required or permitted under the agreement.\nA person or entity that receives the confidential information may disclose the information if the disclosure is—\nrequired or permitted under the agreement; or\npermitted, in writing, by the chief executive.\nIn this section—\nagreement includes arrangement.\ncorresponding entity means—\na department of the Commonwealth or another State; or\nan entity established, under a law of the Commonwealth or another State, for a public purpose.\ns 279AI ins 2019 No. 13 s 22\nsub 2025 No. 21 s 44\n(sec.279AI-ssec.1) This section applies if the disclosure of confidential information is required or permitted under an agreement that— is between— the chief executive or the State; and an entity of the State or a corresponding entity; and is prescribed by regulation.\n(sec.279AI-ssec.2) The chief executive may disclose confidential information to the entity of the State, or the corresponding entity, as required or permitted under the agreement.\n(sec.279AI-ssec.3) A person or entity that receives the confidential information may disclose the information if the disclosure is— required or permitted under the agreement; or permitted, in writing, by the chief executive.\n(sec.279AI-ssec.4) In this section— agreement includes arrangement. corresponding entity means— a department of the Commonwealth or another State; or an entity established, under a law of the Commonwealth or another State, for a public purpose.\n- (a) is between— (i) the chief executive or the State; and (ii) an entity of the State or a corresponding entity; and\n- (i) the chief executive or the State; and\n- (ii) an entity of the State or a corresponding entity; and\n- (b) is prescribed by regulation.\n- (i) the chief executive or the State; and\n- (ii) an entity of the State or a corresponding entity; and\n- (a) required or permitted under the agreement; or\n- (b) permitted, in writing, by the chief executive.\n- (a) a department of the Commonwealth or another State; or\n- (b) an entity established, under a law of the Commonwealth or another State, for a public purpose.","sortOrder":520},{"sectionNumber":"sec.279AJ","sectionType":"section","heading":"Disclosure of information for investigation under Coroners Act 2003","content":"### sec.279AJ Disclosure of information for investigation under Coroners Act 2003\n\nThis section applies if a coroner is investigating the death of a person.\nThe chief executive may disclose confidential information that is relevant to the person’s death to—\nthe coroner; or\na police officer helping the coroner to investigate the person’s death.\nThe coroner or police officer may disclose the confidential information to another person for the purpose of the investigation.\ns 279AJ ins 2019 No. 13 s 22\nsub 2025 No. 21 s 44\n(sec.279AJ-ssec.1) This section applies if a coroner is investigating the death of a person.\n(sec.279AJ-ssec.2) The chief executive may disclose confidential information that is relevant to the person’s death to— the coroner; or a police officer helping the coroner to investigate the person’s death.\n(sec.279AJ-ssec.3) The coroner or police officer may disclose the confidential information to another person for the purpose of the investigation.\n- (a) the coroner; or\n- (b) a police officer helping the coroner to investigate the person’s death.","sortOrder":521},{"sectionNumber":"ch.6-pt.3A-div.3","sectionType":"division","heading":null,"content":"","sortOrder":522},{"sectionNumber":"ch.6-pt.3A-div.4","sectionType":"division","heading":null,"content":"","sortOrder":523},{"sectionNumber":"ch.6-pt.3A-div.5","sectionType":"division","heading":null,"content":"","sortOrder":524},{"sectionNumber":"sec.279AK","sectionType":"section","heading":null,"content":"### Section sec.279AK\n\ns 279K om 2025 No. 21 s 44","sortOrder":525},{"sectionNumber":"sec.279AL","sectionType":"section","heading":null,"content":"### Section sec.279AL\n\ns 279AL ins 2019 No. 13 s 22\nom 2025 No. 21 s 44","sortOrder":526},{"sectionNumber":"sec.279AM","sectionType":"section","heading":null,"content":"### Section sec.279AM\n\ns 279AM ins 2019 No. 13 s 22\nom 2025 No. 21 s 44","sortOrder":527},{"sectionNumber":"sec.279AN","sectionType":"section","heading":null,"content":"### Section sec.279AN\n\ns 279AN ins 2019 No. 13 s 22\nom 2025 No. 21 s 44","sortOrder":528},{"sectionNumber":"sec.279AO","sectionType":"section","heading":null,"content":"### Section sec.279AO\n\ns 279AO ins 2019 No. 13 s 22\nom 2025 No. 21 s 44","sortOrder":529},{"sectionNumber":"sec.279AP","sectionType":"section","heading":null,"content":"### Section sec.279AP\n\ns 279AP ins 2019 No. 13 s 22\nom 2025 No. 21 s 44","sortOrder":530},{"sectionNumber":"ch.6-pt.4","sectionType":"part","heading":"Research","content":"# Research","sortOrder":531},{"sectionNumber":"ch.6-pt.4-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":532},{"sectionNumber":"sec.279A","sectionType":"section","heading":"Application of pt 4","content":"### sec.279A Application of pt 4\n\nThis part applies to health information held by a health agency if—\nthe information relates to an individual; and\nthe individual could be identified from the information.\ns 279A ins 2009 No. 44 s 162\namd 2011 No. 32 s 332 sch 1 pt 2 (amd 2012 No. 9 s 47 )\n- (a) the information relates to an individual; and\n- (b) the individual could be identified from the information.","sortOrder":533},{"sectionNumber":"sec.280","sectionType":"section","heading":"Definitions for pt 4","content":"### sec.280 Definitions for pt 4\n\nIn this part—\nbiomedical study means a study of the biological determinants of health and disease that establishes the biological basis for preventing, treating and curing disease.\nclinical and applied study means a study of the effectiveness of strategies to diagnose and treat disease or illness.\nepidemiological study means a study of the distribution and determinants of health-related states or events in particular populations.\nevaluation and planning study means a study for—\nappraising or measuring the value of a health intervention; or\ndesigning and projecting current and future health services.\nmonitoring and surveillance study means a study for keeping watch over the health of the population or individuals to control the spread of disease and maintain health and well-being.\nregister means the Research Register.\nresearch means systematic investigation for the purpose of adding to knowledge about human health and well-being and includes the following—\na biomedical study;\na clinical and applied study;\nan epidemiological study;\nan evaluation and planning study;\na monitoring and surveillance study.\nResearch Register see section 288 (3) .\n- (a) appraising or measuring the value of a health intervention; or\n- (b) designing and projecting current and future health services.\n- (a) a biomedical study;\n- (b) a clinical and applied study;\n- (c) an epidemiological study;\n- (d) an evaluation and planning study;\n- (e) a monitoring and surveillance study.","sortOrder":534},{"sectionNumber":"sec.280A","sectionType":"section","heading":"Part does not prevent disclosure under other Act","content":"### sec.280A Part does not prevent disclosure under other Act\n\nThis part does not prevent health information held by a health agency being disclosed under this or another Act.\ns 280A ins 2009 No. 44 s 163 (retro)\namd 2011 No. 32 s 332 sch 1 pt 2 (amd 2012 No. 9 s 47 )","sortOrder":535},{"sectionNumber":"ch.6-pt.4-div.2","sectionType":"division","heading":"Health information held by a health agency for research","content":"## Health information held by a health agency for research","sortOrder":536},{"sectionNumber":"sec.281","sectionType":"section","heading":"Chief executive may give information","content":"### sec.281 Chief executive may give information\n\nThe chief executive may give information under this part.\nTo enable the chief executive to give information under this part, a relevant person may give information under this part to the chief executive.\nThe chief executive or a relevant person may give the information despite any other provision of this Act or any provision of another law that deals with confidentiality, including, for example, the Hospital and Health Boards Act 2011 , section 142 .\nIn this section—\nrelevant person means a person who has access to health information held by a health agency, including, for example, a health service employee or a public service employee.\ns 281 amd 2011 No. 32 s 332 sch 1 pt 2 (amd 2012 No. 9 s 47 )\n(sec.281-ssec.1) The chief executive may give information under this part.\n(sec.281-ssec.2) To enable the chief executive to give information under this part, a relevant person may give information under this part to the chief executive.\n(sec.281-ssec.3) The chief executive or a relevant person may give the information despite any other provision of this Act or any provision of another law that deals with confidentiality, including, for example, the Hospital and Health Boards Act 2011 , section 142 .\n(sec.281-ssec.4) In this section— relevant person means a person who has access to health information held by a health agency, including, for example, a health service employee or a public service employee.","sortOrder":537},{"sectionNumber":"sec.282","sectionType":"section","heading":"Application to chief executive for information","content":"### sec.282 Application to chief executive for information\n\nA person may apply in writing to the chief executive to be given health information held by a health agency for research being conducted by the person or by an entity of which the person is a member.\nThe application must state the following—\na description of the research that includes—\nthe purpose of the research; and\nthe methodology of the research;\nthe type of information required;\nthe reasons the information is required;\nhow the privacy of any individual identified will be protected;\nif the information will be needed at intervals during the research, details of the intervals;\nthe name of the person or entity proposing to conduct the research;\nthe names of all persons who will be given the information for the research;\nthe duration of the research;\nthe views of a human research ethics committee about the research including contact details for the committee.\ns 282 amd 2009 No. 44 s 164 ; 2011 No. 32 s 332 sch 1 pt 2 (amd 2012 No. 9 s 47 )\n(sec.282-ssec.1) A person may apply in writing to the chief executive to be given health information held by a health agency for research being conducted by the person or by an entity of which the person is a member.\n(sec.282-ssec.2) The application must state the following— a description of the research that includes— the purpose of the research; and the methodology of the research; the type of information required; the reasons the information is required; how the privacy of any individual identified will be protected; if the information will be needed at intervals during the research, details of the intervals; the name of the person or entity proposing to conduct the research; the names of all persons who will be given the information for the research; the duration of the research; the views of a human research ethics committee about the research including contact details for the committee.\n- (a) a description of the research that includes— (i) the purpose of the research; and (ii) the methodology of the research;\n- (i) the purpose of the research; and\n- (ii) the methodology of the research;\n- (b) the type of information required;\n- (c) the reasons the information is required;\n- (d) how the privacy of any individual identified will be protected;\n- (e) if the information will be needed at intervals during the research, details of the intervals;\n- (f) the name of the person or entity proposing to conduct the research;\n- (g) the names of all persons who will be given the information for the research;\n- (h) the duration of the research;\n- (i) the views of a human research ethics committee about the research including contact details for the committee.\n- (i) the purpose of the research; and\n- (ii) the methodology of the research;","sortOrder":538},{"sectionNumber":"sec.283","sectionType":"section","heading":"Further information or documents to support application","content":"### sec.283 Further information or documents to support application\n\nThis section applies if the chief executive considers further information is required to help the chief executive decide an application for health information held by a health agency.\nThe chief executive may, by notice given to the applicant, require the applicant to give the chief executive, within the reasonable time stated in the notice, further information or a document about the application.\nThe requirement may only relate to information or a document that is necessary and reasonable to help the chief executive decide the application.\nIf the applicant fails to comply with the requirement within the stated time, the applicant is taken to have withdrawn the application.\ns 283 amd 2011 No. 32 s 332 sch 1 pt 2 (amd 2012 No. 9 s 47 )\n(sec.283-ssec.1) This section applies if the chief executive considers further information is required to help the chief executive decide an application for health information held by a health agency.\n(sec.283-ssec.2) The chief executive may, by notice given to the applicant, require the applicant to give the chief executive, within the reasonable time stated in the notice, further information or a document about the application.\n(sec.283-ssec.3) The requirement may only relate to information or a document that is necessary and reasonable to help the chief executive decide the application.\n(sec.283-ssec.4) If the applicant fails to comply with the requirement within the stated time, the applicant is taken to have withdrawn the application.","sortOrder":539},{"sectionNumber":"sec.284","sectionType":"section","heading":"Decision about application","content":"### sec.284 Decision about application\n\nThe chief executive must consider the application for health information held by a health agency as soon as practicable and either grant or refuse the application.\nThe chief executive may grant the application only if the chief executive is satisfied—\nthe giving of the health information held by a health agency is in the public interest, having regard to—\nthe opportunities the research will provide for increased knowledge and improved health outcomes; and\nthe privacy of individuals to whom the health information relates; and\nthe identification of any person by the information is necessary for the relevant research.\nIf the chief executive decides to grant the application, the chief executive must immediately give notice of the decision under section 285 to the applicant.\nAn application may be granted subject to the conditions the chief executive considers necessary or desirable including, for example, the following—\nthat the person or entity conducting the research must pay the State’s reasonable costs of giving the information;\nthat information given for research must be handled in a confidential and secure way;\nthat measures must be put in place to ensure researchers are aware of and comply with ethical requirements relevant to the conduct of the research;\nthat measures must be put in place to provide feedback to the chief executive on the progress and results of the research.\nIf the chief executive decides to grant an application subject to conditions, the chief executive must immediately give the applicant notice of, and the reasons for, the conditions.\nIf the chief executive decides to refuse the application, the chief executive must immediately give the applicant notice of the refusal and the reasons for the refusal.\nThe chief executive is not required to consult with an individual to whom the information relates before granting an application.\ns 284 amd 2009 No. 44 s 165 (1) , (2) (retro); 2011 No. 32 s 332 sch 1 pt 2 (amd 2012 No. 9 s 47 ); 2016 No. 8 s 26\n(sec.284-ssec.1) The chief executive must consider the application for health information held by a health agency as soon as practicable and either grant or refuse the application.\n(sec.284-ssec.2) The chief executive may grant the application only if the chief executive is satisfied— the giving of the health information held by a health agency is in the public interest, having regard to— the opportunities the research will provide for increased knowledge and improved health outcomes; and the privacy of individuals to whom the health information relates; and the identification of any person by the information is necessary for the relevant research.\n(sec.284-ssec.3) If the chief executive decides to grant the application, the chief executive must immediately give notice of the decision under section 285 to the applicant.\n(sec.284-ssec.4) An application may be granted subject to the conditions the chief executive considers necessary or desirable including, for example, the following— that the person or entity conducting the research must pay the State’s reasonable costs of giving the information; that information given for research must be handled in a confidential and secure way; that measures must be put in place to ensure researchers are aware of and comply with ethical requirements relevant to the conduct of the research; that measures must be put in place to provide feedback to the chief executive on the progress and results of the research.\n(sec.284-ssec.5) If the chief executive decides to grant an application subject to conditions, the chief executive must immediately give the applicant notice of, and the reasons for, the conditions.\n(sec.284-ssec.6) If the chief executive decides to refuse the application, the chief executive must immediately give the applicant notice of the refusal and the reasons for the refusal.\n(sec.284-ssec.7) The chief executive is not required to consult with an individual to whom the information relates before granting an application.\n- (a) the giving of the health information held by a health agency is in the public interest, having regard to— (i) the opportunities the research will provide for increased knowledge and improved health outcomes; and (ii) the privacy of individuals to whom the health information relates; and\n- (i) the opportunities the research will provide for increased knowledge and improved health outcomes; and\n- (ii) the privacy of individuals to whom the health information relates; and\n- (b) the identification of any person by the information is necessary for the relevant research.\n- (i) the opportunities the research will provide for increased knowledge and improved health outcomes; and\n- (ii) the privacy of individuals to whom the health information relates; and\n- (a) that the person or entity conducting the research must pay the State’s reasonable costs of giving the information;\n- (b) that information given for research must be handled in a confidential and secure way;\n- (c) that measures must be put in place to ensure researchers are aware of and comply with ethical requirements relevant to the conduct of the research;\n- (d) that measures must be put in place to provide feedback to the chief executive on the progress and results of the research.","sortOrder":540},{"sectionNumber":"sec.285","sectionType":"section","heading":"What notice must state","content":"### sec.285 What notice must state\n\nThe notice under section 284 (3) must state the following—\nthe name of the person or entity conducting the research;\nthe names of all persons who may be given the information for the research;\na description of the research, including the purpose and methodology of the research;\nthe type of information to be given and, if the information is to be given at intervals, details of the intervals;\nif the application was granted subject to conditions, the conditions;\nthe period for which the application has been granted.\nIf an application is granted subject to a condition, the applicant must comply with the condition, unless the applicant has a reasonable excuse.\nMaximum penalty for subsection (2) —50 penalty units.\ns 285 amd 2016 No. 8 s 27\n(sec.285-ssec.1) The notice under section 284 (3) must state the following— the name of the person or entity conducting the research; the names of all persons who may be given the information for the research; a description of the research, including the purpose and methodology of the research; the type of information to be given and, if the information is to be given at intervals, details of the intervals; if the application was granted subject to conditions, the conditions; the period for which the application has been granted.\n(sec.285-ssec.2) If an application is granted subject to a condition, the applicant must comply with the condition, unless the applicant has a reasonable excuse. Maximum penalty for subsection (2) —50 penalty units.\n- (a) the name of the person or entity conducting the research;\n- (b) the names of all persons who may be given the information for the research;\n- (c) a description of the research, including the purpose and methodology of the research;\n- (d) the type of information to be given and, if the information is to be given at intervals, details of the intervals;\n- (e) if the application was granted subject to conditions, the conditions;\n- (f) the period for which the application has been granted.","sortOrder":541},{"sectionNumber":"sec.286","sectionType":"section","heading":"Notification of change of persons being given information","content":"### sec.286 Notification of change of persons being given information\n\nThis section applies if the names of persons who will be given the information for the research changes.\nThe person for the time being in charge of the research must give notice to the chief executive as soon as practicable after the change.\nMaximum penalty—20 penalty units.\n(sec.286-ssec.1) This section applies if the names of persons who will be given the information for the research changes.\n(sec.286-ssec.2) The person for the time being in charge of the research must give notice to the chief executive as soon as practicable after the change. Maximum penalty—20 penalty units.","sortOrder":542},{"sectionNumber":"sec.287","sectionType":"section","heading":"Chief executive may rescind decision to give information","content":"### sec.287 Chief executive may rescind decision to give information\n\nThis section applies if this part is contravened in relation to health information given under this part.\nThe chief executive may rescind the chief executive’s decision to give the information.\n(sec.287-ssec.1) This section applies if this part is contravened in relation to health information given under this part.\n(sec.287-ssec.2) The chief executive may rescind the chief executive’s decision to give the information.","sortOrder":543},{"sectionNumber":"ch.6-pt.4-div.3","sectionType":"division","heading":"Establishment of register","content":"## Establishment of register","sortOrder":544},{"sectionNumber":"sec.288","sectionType":"section","heading":"Register of approved applications for health information held by a health agency","content":"### sec.288 Register of approved applications for health information held by a health agency\n\nThe chief executive must establish and keep a register of granted applications for health information held by a health agency stating—\nthe type of information to be given for the research; and\na description of the research; and\nthe name of the person or entity conducting the research; and\nthe period for which the application has been granted.\nThe register may be kept in a form the chief executive considers appropriate, including an electronic form.\nThe register is to be known as the Research Register.\ns 288 amd 2011 No. 32 s 332 sch 1 pt 2 (amd 2012 No. 9 s 47 )\n(sec.288-ssec.1) The chief executive must establish and keep a register of granted applications for health information held by a health agency stating— the type of information to be given for the research; and a description of the research; and the name of the person or entity conducting the research; and the period for which the application has been granted.\n(sec.288-ssec.2) The register may be kept in a form the chief executive considers appropriate, including an electronic form.\n(sec.288-ssec.3) The register is to be known as the Research Register.\n- (a) the type of information to be given for the research; and\n- (b) a description of the research; and\n- (c) the name of the person or entity conducting the research; and\n- (d) the period for which the application has been granted.","sortOrder":545},{"sectionNumber":"sec.289","sectionType":"section","heading":"Access to register","content":"### sec.289 Access to register\n\nThe chief executive must give a person access to the register and, if requested, a copy of all or part of the register.\nThe chief executive may charge a reasonable fee for copying the register.\n(sec.289-ssec.1) The chief executive must give a person access to the register and, if requested, a copy of all or part of the register.\n(sec.289-ssec.2) The chief executive may charge a reasonable fee for copying the register.","sortOrder":546},{"sectionNumber":"ch.6-pt.4-div.4","sectionType":"division","heading":"Use and disclosure of information supplied for research","content":"## Use and disclosure of information supplied for research","sortOrder":547},{"sectionNumber":"sec.290","sectionType":"section","heading":"Restriction on inconsistent use of information","content":"### sec.290 Restriction on inconsistent use of information\n\nA person given health information held by a health agency under this part must not use the information for a purpose inconsistent with the research for which the information is provided.\nMaximum penalty—50 penalty units.\ns 290 amd 2011 No. 32 s 332 sch 1 pt 2 (amd 2012 No. 9 s 47 )","sortOrder":548},{"sectionNumber":"sec.291","sectionType":"section","heading":"Restriction on disclosure of information","content":"### sec.291 Restriction on disclosure of information\n\nA person given health information held by a health agency under this part must not disclose the information, whether directly or indirectly.\nMaximum penalty—50 penalty units.\nSubsection (1) does not apply if—\nthe disclosure is to a person named in a notice under section 284 (3) or 286 as a person who will be given the information for the research; or\nthe disclosure is made with the written consent of the person to whom the information relates; or\nthe disclosure is made in a form the person reasonably believes could not identify any person; or\nthe disclosure is authorised under an Act or another law.\nThe Hospital and Health Boards Act 2011 , section 142 , does not apply to a person in relation to information given to the person under this part for research.\ns 291 amd 2011 No. 32 s 332 sch 1 pt 2 (amd 2012 No. 9 s 47 ); 2016 No. 8 s 28\n(sec.291-ssec.1) A person given health information held by a health agency under this part must not disclose the information, whether directly or indirectly. Maximum penalty—50 penalty units.\n(sec.291-ssec.2) Subsection (1) does not apply if— the disclosure is to a person named in a notice under section 284 (3) or 286 as a person who will be given the information for the research; or the disclosure is made with the written consent of the person to whom the information relates; or the disclosure is made in a form the person reasonably believes could not identify any person; or the disclosure is authorised under an Act or another law.\n(sec.291-ssec.3) The Hospital and Health Boards Act 2011 , section 142 , does not apply to a person in relation to information given to the person under this part for research.\n- (a) the disclosure is to a person named in a notice under section 284 (3) or 286 as a person who will be given the information for the research; or\n- (b) the disclosure is made with the written consent of the person to whom the information relates; or\n- (c) the disclosure is made in a form the person reasonably believes could not identify any person; or\n- (d) the disclosure is authorised under an Act or another law.","sortOrder":549},{"sectionNumber":"sec.292","sectionType":"section","heading":"Use of health information held by a health agency","content":"### sec.292 Use of health information held by a health agency\n\nThe Minister may, by gazette notice, declare information given to a person under division 2 to be protected information.\nThe Minister may make a declaration under subsection (1) only if the Minister reasonably believes it is in the public interest to do so.\nIf the Minister makes a declaration under subsection (1) , the protected information—\ncan not be accessed under any order, whether of a judicial or administrative nature, other than an order for the purpose of this Act; and\nis not admissible in any proceeding, other than a proceeding under this Act.\nA person can not be compelled to produce the protected information, or to give evidence relating to the protected information, in any proceeding, other than a proceeding under this Act.\nSubsections (3) (b) and (4) do not apply if the protected information is admitted or produced, or evidence relating to the information is given, with the consent of the person to whom the information relates.\nNothing in this section limits access to protected information by the chief executive or a person authorised by the chief executive.\nIn this section—\norder includes a direction or other process.\ns 292 amd 2011 No. 32 s 332 sch 1 pt 2 (amd 2012 No. 9 s 47 )\n(sec.292-ssec.1) The Minister may, by gazette notice, declare information given to a person under division 2 to be protected information.\n(sec.292-ssec.2) The Minister may make a declaration under subsection (1) only if the Minister reasonably believes it is in the public interest to do so.\n(sec.292-ssec.3) If the Minister makes a declaration under subsection (1) , the protected information— can not be accessed under any order, whether of a judicial or administrative nature, other than an order for the purpose of this Act; and is not admissible in any proceeding, other than a proceeding under this Act.\n(sec.292-ssec.4) A person can not be compelled to produce the protected information, or to give evidence relating to the protected information, in any proceeding, other than a proceeding under this Act.\n(sec.292-ssec.5) Subsections (3) (b) and (4) do not apply if the protected information is admitted or produced, or evidence relating to the information is given, with the consent of the person to whom the information relates.\n(sec.292-ssec.6) Nothing in this section limits access to protected information by the chief executive or a person authorised by the chief executive.\n(sec.292-ssec.7) In this section— order includes a direction or other process.\n- (a) can not be accessed under any order, whether of a judicial or administrative nature, other than an order for the purpose of this Act; and\n- (b) is not admissible in any proceeding, other than a proceeding under this Act.","sortOrder":550},{"sectionNumber":"ch.7A-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":551},{"sectionNumber":"sec.313A","sectionType":"section","heading":"Purpose of chapter","content":"### sec.313A Purpose of chapter\n\nThe purpose of this chapter is to enable the chief executive to take action to respond to a pollution event in a way that informs the public of—\nthe potential risk to public health; and\nif appropriate, any actions necessary to avoid or reduce the effect of the pollution event on public health.\ns 313A ins 2019 No. 13 s 14\n- (a) the potential risk to public health; and\n- (b) if appropriate, any actions necessary to avoid or reduce the effect of the pollution event on public health.","sortOrder":552},{"sectionNumber":"sec.313B","sectionType":"section","heading":"Definitions for chapter","content":"### sec.313B Definitions for chapter\n\nIn this chapter—\npollution event see section 313C .\npollution notice , in relation to a pollution event, see section 313D .\npublish includes—\npublish in writing or in any other form of media; and\ncause to be published.\ns 313B ins 2019 No. 13 s 14\n- (a) publish in writing or in any other form of media; and\n- (b) cause to be published.","sortOrder":553},{"sectionNumber":"sec.313C","sectionType":"section","heading":"Meaning of pollution event","content":"### sec.313C Meaning of pollution event\n\nA pollution event is the release or dispersal of a contaminant or pollutant that may adversely affect public health.\ns 313C ins 2019 No. 13 s 14","sortOrder":554},{"sectionNumber":"sec.313D","sectionType":"section","heading":"Meaning of pollution notice","content":"### sec.313D Meaning of pollution notice\n\nA pollution notice , in relation to a pollution event, is a notice given by, or at the direction of, the chief executive that states the following—\nto the extent it can be reasonably identified by the chief executive—the nature of the pollution event;\nthe area that is, or may be, affected by the pollution event;\nthe nature, type and duration of any action that may be required to avoid or reduce the effect of the pollution event on public health;\nany other matter the chief executive considers appropriate for the pollution event.\ns 313D ins 2019 No. 13 s 14\n- (a) to the extent it can be reasonably identified by the chief executive—the nature of the pollution event;\n- (b) the area that is, or may be, affected by the pollution event;\n- (c) the nature, type and duration of any action that may be required to avoid or reduce the effect of the pollution event on public health;\n- (d) any other matter the chief executive considers appropriate for the pollution event.","sortOrder":555},{"sectionNumber":"ch.7A-pt.2","sectionType":"part","heading":"Pollution notices","content":"# Pollution notices","sortOrder":556},{"sectionNumber":"sec.313E","sectionType":"section","heading":"Chief executive may give direction to publish pollution notice","content":"### sec.313E Chief executive may give direction to publish pollution notice\n\nThis section applies if the chief executive is satisfied—\na pollution event has occurred; and\na person is responsible for the pollution event; and\nit is necessary to inform the public about the pollution event and actions to avoid or reduce the effect of the pollution event on public health.\nThe chief executive may, by notice given to the person, direct the person to publish a pollution notice in relation to the pollution event—\nby a stated date; and\nin a stated way; and\nin a stated area that is, or may be, affected by the pollution event.\nA person to whom a direction is given under subsection (2) must publish a pollution notice in compliance with the direction unless the person has a reasonable excuse.\nMaximum penalty—200 penalty units.\ns 313E ins 2019 No. 13 s 14\n(sec.313E-ssec.1) This section applies if the chief executive is satisfied— a pollution event has occurred; and a person is responsible for the pollution event; and it is necessary to inform the public about the pollution event and actions to avoid or reduce the effect of the pollution event on public health.\n(sec.313E-ssec.2) The chief executive may, by notice given to the person, direct the person to publish a pollution notice in relation to the pollution event— by a stated date; and in a stated way; and in a stated area that is, or may be, affected by the pollution event.\n(sec.313E-ssec.3) A person to whom a direction is given under subsection (2) must publish a pollution notice in compliance with the direction unless the person has a reasonable excuse. Maximum penalty—200 penalty units.\n- (a) a pollution event has occurred; and\n- (b) a person is responsible for the pollution event; and\n- (c) it is necessary to inform the public about the pollution event and actions to avoid or reduce the effect of the pollution event on public health.\n- (a) by a stated date; and\n- (b) in a stated way; and\n- (c) in a stated area that is, or may be, affected by the pollution event.","sortOrder":557},{"sectionNumber":"sec.313F","sectionType":"section","heading":"Chief executive may publish pollution notice","content":"### sec.313F Chief executive may publish pollution notice\n\nThis section applies if the chief executive is satisfied—\nthe person responsible for a pollution event—\ncan not be identified; or\nwould not be able to comply with a direction given under section 313E ; or\na person has been given a direction under section 313E to publish a pollution notice in relation to a pollution event but the person—\nhas not published a pollution notice by the date stated in the direction; or\nhas otherwise not complied with the direction; or\nthe pollution event is, or is caused by, a naturally–occurring event.\nThe chief executive may, in relation to the pollution event, publish a pollution notice—\non the department’s website; and\nin any other way the chief executive considers appropriate.\ns 313F ins 2019 No. 13 s 14\n(sec.313F-ssec.1) This section applies if the chief executive is satisfied— the person responsible for a pollution event— can not be identified; or would not be able to comply with a direction given under section 313E ; or a person has been given a direction under section 313E to publish a pollution notice in relation to a pollution event but the person— has not published a pollution notice by the date stated in the direction; or has otherwise not complied with the direction; or the pollution event is, or is caused by, a naturally–occurring event.\n(sec.313F-ssec.2) The chief executive may, in relation to the pollution event, publish a pollution notice— on the department’s website; and in any other way the chief executive considers appropriate.\n- (a) the person responsible for a pollution event— (i) can not be identified; or (ii) would not be able to comply with a direction given under section 313E ; or\n- (i) can not be identified; or\n- (ii) would not be able to comply with a direction given under section 313E ; or\n- (b) a person has been given a direction under section 313E to publish a pollution notice in relation to a pollution event but the person— (i) has not published a pollution notice by the date stated in the direction; or (ii) has otherwise not complied with the direction; or\n- (i) has not published a pollution notice by the date stated in the direction; or\n- (ii) has otherwise not complied with the direction; or\n- (c) the pollution event is, or is caused by, a naturally–occurring event.\n- (i) can not be identified; or\n- (ii) would not be able to comply with a direction given under section 313E ; or\n- (i) has not published a pollution notice by the date stated in the direction; or\n- (ii) has otherwise not complied with the direction; or\n- (a) on the department’s website; and\n- (b) in any other way the chief executive considers appropriate.","sortOrder":558},{"sectionNumber":"sec.313G","sectionType":"section","heading":"Steps required before giving direction or publishing pollution notice","content":"### sec.313G Steps required before giving direction or publishing pollution notice\n\nThis section applies if the chief executive is considering—\ngiving a direction in relation to a pollution event under section 313E ; or\npublishing a pollution notice in relation to a pollution event under 313F.\nBefore giving the direction or publishing the pollution notice, the chief executive must consult with, and consider advice given by, a relevant public service officer about—\nthe contaminant or pollutant that has caused, or may have caused, the pollution event; and\nany other matter the chief executive considers relevant.\nIn this section—\nrelevant public service officer means a public service officer who the chief executive considers has, or is likely to have, the necessary expertise and experience to advise the chief executive about the pollution event.\ns 313G ins 2019 No. 13 s 14\n(sec.313G-ssec.1) This section applies if the chief executive is considering— giving a direction in relation to a pollution event under section 313E ; or publishing a pollution notice in relation to a pollution event under 313F.\n(sec.313G-ssec.2) Before giving the direction or publishing the pollution notice, the chief executive must consult with, and consider advice given by, a relevant public service officer about— the contaminant or pollutant that has caused, or may have caused, the pollution event; and any other matter the chief executive considers relevant.\n(sec.313G-ssec.3) In this section— relevant public service officer means a public service officer who the chief executive considers has, or is likely to have, the necessary expertise and experience to advise the chief executive about the pollution event.\n- (a) giving a direction in relation to a pollution event under section 313E ; or\n- (b) publishing a pollution notice in relation to a pollution event under 313F.\n- (a) the contaminant or pollutant that has caused, or may have caused, the pollution event; and\n- (b) any other matter the chief executive considers relevant.","sortOrder":559},{"sectionNumber":"ch.7A-pt.3","sectionType":"part","heading":"Compensation","content":"# Compensation","sortOrder":560},{"sectionNumber":"sec.313H","sectionType":"section","heading":"Compensation","content":"### sec.313H Compensation\n\nA person may claim compensation from the State if the person incurs loss because of the exercise, or purported exercise, of a power by or for the chief executive under this chapter, including a loss arising from compliance with a requirement made of the person under this chapter.\nHowever, subsection (1) applies only in relation to loss arising from an accidental, negligent or unlawful act or omission.\nThe compensation may be claimed and ordered in a proceeding brought in a court with jurisdiction for the recovery of the amount of compensation claimed.\nA court may order the payment of the compensation only if it is satisfied it is just to make the order in the circumstances of the particular case.\nIn considering whether it is just to order compensation, the court must have regard to—\nthe nature of the pollution event and the risk to public health; and\nwhether the loss arose from the publication of a pollution notice in relation to the pollution event.\nA regulation may prescribe other matters that may, or must, be taken into account by the court when considering whether it is just to order compensation.\nIn this section—\nloss includes costs and damage.\ns 313H ins 2019 No. 13 s 14\n(sec.313H-ssec.1) A person may claim compensation from the State if the person incurs loss because of the exercise, or purported exercise, of a power by or for the chief executive under this chapter, including a loss arising from compliance with a requirement made of the person under this chapter.\n(sec.313H-ssec.2) However, subsection (1) applies only in relation to loss arising from an accidental, negligent or unlawful act or omission.\n(sec.313H-ssec.3) The compensation may be claimed and ordered in a proceeding brought in a court with jurisdiction for the recovery of the amount of compensation claimed.\n(sec.313H-ssec.4) A court may order the payment of the compensation only if it is satisfied it is just to make the order in the circumstances of the particular case.\n(sec.313H-ssec.5) In considering whether it is just to order compensation, the court must have regard to— the nature of the pollution event and the risk to public health; and whether the loss arose from the publication of a pollution notice in relation to the pollution event.\n(sec.313H-ssec.6) A regulation may prescribe other matters that may, or must, be taken into account by the court when considering whether it is just to order compensation.\n(sec.313H-ssec.7) In this section— loss includes costs and damage.\n- (a) the nature of the pollution event and the risk to public health; and\n- (b) whether the loss arose from the publication of a pollution notice in relation to the pollution event.","sortOrder":561},{"sectionNumber":"ch.8-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":562},{"sectionNumber":"sec.314","sectionType":"section","heading":"Purpose of ch 8","content":"### sec.314 Purpose of ch 8\n\nThe purpose of this chapter is to declare and respond to—\npublic health emergencies; and\nemergency notifiable conditions happening during a declared public health emergency.\n- (a) public health emergencies; and\n- (b) emergency notifiable conditions happening during a declared public health emergency.","sortOrder":563},{"sectionNumber":"sec.315","sectionType":"section","heading":"Definitions for ch 8","content":"### sec.315 Definitions for ch 8\n\nIn this chapter—\ncontrolled notifiable conditions declaration see section 327 (2) .\nCOVID-19 emergency means the public health emergency declared by the Minister on 29 January 2020 under section 319 (2) , as extended and further extended under section 323 .\nThe public health emergency order that declared the COVID-19 emergency was published in the gazette on 31 January 2020 under section 321 (1) (a) .\ns 315 def COVID-19 emergency ins 2020 No. 11 s 30\nCOVID-19 public health legislation expiry day ...\ns 315 def COVID-19 public health legislation expiry day ins 2022 No. 6 s 25\nom 2022 No. 6 s ch 1 pt 2\ndeclared public health emergency means a public health emergency declared by the Minister by public health emergency order.\ndetention order means an order by an emergency officer (medical) under section 349 for the detention of a person.\nemergency notifiable condition means a medical condition that is not prescribed under a regulation as a controlled notifiable condition and includes the following—\na previously unknown infectious medical condition;\na previously unknown strain or variant of a known infectious medical condition;\na previously known infectious medical condition or a previously known strain or variant of an infectious medical condition.\nemergency officer means a person appointed under this chapter as—\nan emergency officer (general); or\nan emergency officer (medical).\nemergency officer (general) means a person appointed under this chapter as an emergency officer (general).\nemergency officer (medical) means a doctor appointed under this chapter as an emergency officer (medical).\npublic health emergency means an event or a series of events that has contributed to, or may contribute to, serious adverse effects on the health of persons in Queensland.\npublic health emergency area see section 320 (b) .\npublic health direction ...\ns 315 def public health direction ins 2020 No. 11 s 30\nom 2022 No. 25 s 10\npublic health emergency order see section 319 (2) .\n- (a) a previously unknown infectious medical condition;\n- (b) a previously unknown strain or variant of a known infectious medical condition;\n- (c) a previously known infectious medical condition or a previously known strain or variant of an infectious medical condition.\n- (a) an emergency officer (general); or\n- (b) an emergency officer (medical).","sortOrder":564},{"sectionNumber":"sec.316","sectionType":"section","heading":"Relationship to other Acts","content":"### sec.316 Relationship to other Acts\n\nNothing in this chapter prevents a person from declaring a disaster situation or another emergency under another Act ( another declaration ).\nHowever, the existence of another declaration does not prevent the declaration of a public health emergency under this chapter.\nFire Services Act 1990\nPublic Safety Preservation Act 1986\ns 316 amd 2014 No. 17 s 184 sch 1 pt 3 ; 2024 No. 22 s 92 sch 1\n(sec.316-ssec.1) Nothing in this chapter prevents a person from declaring a disaster situation or another emergency under another Act ( another declaration ).\n(sec.316-ssec.2) However, the existence of another declaration does not prevent the declaration of a public health emergency under this chapter. Fire Services Act 1990 Public Safety Preservation Act 1986\n- • Fire Services Act 1990\n- • Public Safety Preservation Act 1986","sortOrder":565},{"sectionNumber":"sec.317","sectionType":"section","heading":"Other Acts not affected","content":"### sec.317 Other Acts not affected\n\nThis chapter is in addition to, and does not limit—\nthe Fire Services Act 1990 ; or\nthe Public Safety Preservation Act 1986 , part 3 .\ns 317 amd 2014 No. 17 s 184 sch 1 pt 3 ; 2024 No. 22 s 92 sch 1\n- (a) the Fire Services Act 1990 ; or\n- (b) the Public Safety Preservation Act 1986 , part 3 .","sortOrder":566},{"sectionNumber":"sec.318","sectionType":"section","heading":"Powers under this chapter and powers under other Acts","content":"### sec.318 Powers under this chapter and powers under other Acts\n\nThe powers under this chapter are in addition to and do not limit the powers a person has under another part of this Act or another Act.\nthe chief executive’s power to issue a chief executive’s order under chapter 3 , part 4 , division 2\na police officer’s general power of entry under the Police Powers and Responsibilities Act 2000 , section 19\ns 318 amd 2000 No. 5 s 810 sch 4 (amd 2006 No. 26 ss 84 , 86 )\n- • the chief executive’s power to issue a chief executive’s order under chapter 3 , part 4 , division 2\n- • a police officer’s general power of entry under the Police Powers and Responsibilities Act 2000 , section 19","sortOrder":567},{"sectionNumber":"ch.8-pt.2","sectionType":"part","heading":"Declaring a public health emergency","content":"# Declaring a public health emergency","sortOrder":568},{"sectionNumber":"sec.319","sectionType":"section","heading":"Declaration of public health emergency","content":"### sec.319 Declaration of public health emergency\n\nThis section applies if the Minister is satisfied—\nthere is a public health emergency; and\nit is necessary to exercise powers under this chapter to prevent or minimise serious adverse effects on human health.\nThe Minister may declare a public health emergency by a signed written order (a public health emergency order ).\nHowever, before declaring a public health emergency the Minister must, if practicable, consult with the chief executive and the chief health officer.\nIf it has not been practicable to consult with the chief executive or the chief health officer under subsection (3) , the Minister must consult as soon as practicable after the declaration of the public health emergency.\nA public health emergency order takes effect from its declaration by the Minister by signed written order.\n(sec.319-ssec.1) This section applies if the Minister is satisfied— there is a public health emergency; and it is necessary to exercise powers under this chapter to prevent or minimise serious adverse effects on human health.\n(sec.319-ssec.2) The Minister may declare a public health emergency by a signed written order (a public health emergency order ).\n(sec.319-ssec.3) However, before declaring a public health emergency the Minister must, if practicable, consult with the chief executive and the chief health officer.\n(sec.319-ssec.4) If it has not been practicable to consult with the chief executive or the chief health officer under subsection (3) , the Minister must consult as soon as practicable after the declaration of the public health emergency.\n(sec.319-ssec.5) A public health emergency order takes effect from its declaration by the Minister by signed written order.\n- (a) there is a public health emergency; and\n- (b) it is necessary to exercise powers under this chapter to prevent or minimise serious adverse effects on human health.","sortOrder":569},{"sectionNumber":"sec.320","sectionType":"section","heading":"What public health emergency order must state","content":"### sec.320 What public health emergency order must state\n\nA public health emergency order must state—\nthe nature of the public health emergency; and\nthe area to which the order relates (a public health emergency area ); and\nthe duration of the order; and\nany conditions relating to the conduct of the response to the declared public health emergency.\n- (a) the nature of the public health emergency; and\n- (b) the area to which the order relates (a public health emergency area ); and\n- (c) the duration of the order; and\n- (d) any conditions relating to the conduct of the response to the declared public health emergency.","sortOrder":570},{"sectionNumber":"sec.321","sectionType":"section","heading":"Publication of declaration","content":"### sec.321 Publication of declaration\n\nThe Minister must publish a public health emergency order as soon as practicable after it is declared—\nby gazette notice; and\nby newspaper, radio or television in the public health emergency area.\nTo ensure public knowledge of a public health emergency order, the Minister must give widespread publicity to the order but failure to do so does not affect the order.\n(sec.321-ssec.1) The Minister must publish a public health emergency order as soon as practicable after it is declared— by gazette notice; and by newspaper, radio or television in the public health emergency area.\n(sec.321-ssec.2) To ensure public knowledge of a public health emergency order, the Minister must give widespread publicity to the order but failure to do so does not affect the order.\n- (a) by gazette notice; and\n- (b) by newspaper, radio or television in the public health emergency area.","sortOrder":571},{"sectionNumber":"sec.322","sectionType":"section","heading":"Duration of declared public health emergency","content":"### sec.322 Duration of declared public health emergency\n\nA declared public health emergency—\nstarts when it is declared under section 319 (2) ; and\nunless either of the following happens, ends 7 days after the day it is declared—\nthe Minister sooner ends the declared public health emergency under section 324 (1) ;\na regulation extends, under section 323 , the period of the declared public health emergency beyond the end of the 7 days.\n- (a) starts when it is declared under section 319 (2) ; and\n- (b) unless either of the following happens, ends 7 days after the day it is declared— (i) the Minister sooner ends the declared public health emergency under section 324 (1) ; (ii) a regulation extends, under section 323 , the period of the declared public health emergency beyond the end of the 7 days.\n- (i) the Minister sooner ends the declared public health emergency under section 324 (1) ;\n- (ii) a regulation extends, under section 323 , the period of the declared public health emergency beyond the end of the 7 days.\n- (i) the Minister sooner ends the declared public health emergency under section 324 (1) ;\n- (ii) a regulation extends, under section 323 , the period of the declared public health emergency beyond the end of the 7 days.","sortOrder":572},{"sectionNumber":"sec.323","sectionType":"section","heading":"Extending or further extending declared public health emergency","content":"### sec.323 Extending or further extending declared public health emergency\n\nA regulation may extend, or from time to time further extend, the period of a declared public health emergency.\nA regulation made under this section commences on the day it is made whether or not it is notified on that day.\nA regulation extending the period of a declared public health emergency expires 14 days after the public health emergency is declared unless it is sooner repealed or it expires under section 324 (3) .\nA regulation further extending the period of a declared public health emergency—\nmust state the period, of not more than 7 days, by which the declared public health emergency is further extended; and\nexpires at the end of the stated period unless the regulation is sooner repealed or it expires under section 324 (3) .\nSubsection (2) applies despite the Statutory Instruments Act 1992 , section 32 .\ns 323 amd 2012 No. 25 s 195 sch ; 2013 No. 39 s 110 (3) sch 3 pt 3 ; 2020 No. 1 ss 4 – 5 ; 2021 No. 3 ss 10 , 13 ; 2022 No. 25 s 15 sch 1\n(sec.323-ssec.1) A regulation may extend, or from time to time further extend, the period of a declared public health emergency.\n(sec.323-ssec.2) A regulation made under this section commences on the day it is made whether or not it is notified on that day.\n(sec.323-ssec.3) A regulation extending the period of a declared public health emergency expires 14 days after the public health emergency is declared unless it is sooner repealed or it expires under section 324 (3) .\n(sec.323-ssec.4) A regulation further extending the period of a declared public health emergency— must state the period, of not more than 7 days, by which the declared public health emergency is further extended; and expires at the end of the stated period unless the regulation is sooner repealed or it expires under section 324 (3) .\n(sec.323-ssec.5) Subsection (2) applies despite the Statutory Instruments Act 1992 , section 32 .\n- (a) must state the period, of not more than 7 days, by which the declared public health emergency is further extended; and\n- (b) expires at the end of the stated period unless the regulation is sooner repealed or it expires under section 324 (3) .","sortOrder":573},{"sectionNumber":"sec.324","sectionType":"section","heading":"Ending declared public health emergency","content":"### sec.324 Ending declared public health emergency\n\nAs soon as the Minister is satisfied it is no longer necessary to exercise powers under this chapter to prevent or minimise serious adverse effects on human health, the Minister must end the declared public health emergency.\nIf the Minister ends the declared public health emergency under subsection (1) , the Minister must make a written record of the time and date the declared public health emergency ended.\nA regulation extending or further extending a declared public health emergency expires when the declared public health emergency ends under this section.\n(sec.324-ssec.1) As soon as the Minister is satisfied it is no longer necessary to exercise powers under this chapter to prevent or minimise serious adverse effects on human health, the Minister must end the declared public health emergency.\n(sec.324-ssec.2) If the Minister ends the declared public health emergency under subsection (1) , the Minister must make a written record of the time and date the declared public health emergency ended.\n(sec.324-ssec.3) A regulation extending or further extending a declared public health emergency expires when the declared public health emergency ends under this section.","sortOrder":574},{"sectionNumber":"sec.325","sectionType":"section","heading":"Publication of ending of declared public health emergency","content":"### sec.325 Publication of ending of declared public health emergency\n\nThe Minister must publish the ending of a public health emergency as soon as practicable after it is made—\nby gazette notice; and\nby newspaper, radio or television in the public health emergency area.\nTo ensure public knowledge of the ending of a public health emergency, the Minister must give widespread publicity to the ending.\n(sec.325-ssec.1) The Minister must publish the ending of a public health emergency as soon as practicable after it is made— by gazette notice; and by newspaper, radio or television in the public health emergency area.\n(sec.325-ssec.2) To ensure public knowledge of the ending of a public health emergency, the Minister must give widespread publicity to the ending.\n- (a) by gazette notice; and\n- (b) by newspaper, radio or television in the public health emergency area.","sortOrder":575},{"sectionNumber":"sec.326","sectionType":"section","heading":"Public health emergency order may be amended","content":"### sec.326 Public health emergency order may be amended\n\nA public health emergency order may be amended by the Minister by signed written order.\nThe provisions of this part about when an order takes effect and about the publication, publicity and consultation for the order apply to the amendment of an order as if it were the order being amended.\n(sec.326-ssec.1) A public health emergency order may be amended by the Minister by signed written order.\n(sec.326-ssec.2) The provisions of this part about when an order takes effect and about the publication, publicity and consultation for the order apply to the amendment of an order as if it were the order being amended.","sortOrder":576},{"sectionNumber":"ch.8-pt.3","sectionType":"part","heading":"Emergency notifiable conditions","content":"# Emergency notifiable conditions","sortOrder":577},{"sectionNumber":"sec.327","sectionType":"section","heading":"Declaration of emergency notifiable condition as controlled notifiable condition","content":"### sec.327 Declaration of emergency notifiable condition as controlled notifiable condition\n\nThis section applies if the Minister is satisfied—\nan emergency notifiable condition exists; and\nit is appropriate, having regard to the nature of the declared public health emergency, to declare the emergency notifiable condition to be a controlled notifiable condition.\nThe Minister may declare the emergency notifiable condition to be a controlled notifiable condition by a signed written declaration (a controlled notifiable conditions declaration ).\nHowever, before declaring an emergency notifiable condition to be a controlled notifiable condition the Minister must, if practicable, consult the chief executive and the chief health officer.\nIf it has not been practicable to consult with the chief executive or the chief health officer under subsection (3) , the Minister must consult as soon as practicable after the declaration.\nTo remove any doubt, it is declared that an emergency notifiable condition declared to be a controlled notifiable condition under subsection (2) is a controlled notifiable condition for chapter 3 .\n(sec.327-ssec.1) This section applies if the Minister is satisfied— an emergency notifiable condition exists; and it is appropriate, having regard to the nature of the declared public health emergency, to declare the emergency notifiable condition to be a controlled notifiable condition.\n(sec.327-ssec.2) The Minister may declare the emergency notifiable condition to be a controlled notifiable condition by a signed written declaration (a controlled notifiable conditions declaration ).\n(sec.327-ssec.3) However, before declaring an emergency notifiable condition to be a controlled notifiable condition the Minister must, if practicable, consult the chief executive and the chief health officer.\n(sec.327-ssec.4) If it has not been practicable to consult with the chief executive or the chief health officer under subsection (3) , the Minister must consult as soon as practicable after the declaration.\n(sec.327-ssec.5) To remove any doubt, it is declared that an emergency notifiable condition declared to be a controlled notifiable condition under subsection (2) is a controlled notifiable condition for chapter 3 .\n- (a) an emergency notifiable condition exists; and\n- (b) it is appropriate, having regard to the nature of the declared public health emergency, to declare the emergency notifiable condition to be a controlled notifiable condition.","sortOrder":578},{"sectionNumber":"sec.328","sectionType":"section","heading":"What controlled notifiable conditions declaration must state","content":"### sec.328 What controlled notifiable conditions declaration must state\n\nA controlled notifiable conditions declaration must state—\nthe general nature of the emergency notifiable condition including, for example, signs and symptoms that may be associated with the condition; and\nthe period for which the emergency notifiable condition is declared to be a controlled notifiable condition.\nThe declaration may continue after the declared public health emergency ends.\n(sec.328-ssec.1) A controlled notifiable conditions declaration must state— the general nature of the emergency notifiable condition including, for example, signs and symptoms that may be associated with the condition; and the period for which the emergency notifiable condition is declared to be a controlled notifiable condition.\n(sec.328-ssec.2) The declaration may continue after the declared public health emergency ends.\n- (a) the general nature of the emergency notifiable condition including, for example, signs and symptoms that may be associated with the condition; and\n- (b) the period for which the emergency notifiable condition is declared to be a controlled notifiable condition.","sortOrder":579},{"sectionNumber":"sec.329","sectionType":"section","heading":"Publication of declaration","content":"### sec.329 Publication of declaration\n\nThe Minister must publish a controlled notifiable conditions declaration by gazette notice as soon as practicable after it is declared.","sortOrder":580},{"sectionNumber":"sec.330","sectionType":"section","heading":"Duration of controlled notifiable conditions declaration","content":"### sec.330 Duration of controlled notifiable conditions declaration\n\nThe controlled notifiable conditions declaration—\nstarts when it is declared under section 327 (2) ; and\nends 28 days after the day it is declared.\n- (a) starts when it is declared under section 327 (2) ; and\n- (b) ends 28 days after the day it is declared.","sortOrder":581},{"sectionNumber":"sec.331","sectionType":"section","heading":"Controlled notifiable conditions declaration may be amended","content":"### sec.331 Controlled notifiable conditions declaration may be amended\n\nA controlled notifiable conditions declaration may be amended by the Minister by signed written declaration.\nThe provisions of this part about when a declaration takes effect and about publication and consultation for the declaration apply to the amendment of a declaration as if it were the declaration being amended.\n(sec.331-ssec.1) A controlled notifiable conditions declaration may be amended by the Minister by signed written declaration.\n(sec.331-ssec.2) The provisions of this part about when a declaration takes effect and about publication and consultation for the declaration apply to the amendment of a declaration as if it were the declaration being amended.","sortOrder":582},{"sectionNumber":"ch.8-pt.4","sectionType":"part","heading":"Role of chief executive","content":"# Role of chief executive","sortOrder":583},{"sectionNumber":"sec.332","sectionType":"section","heading":"Coordination responsibility","content":"### sec.332 Coordination responsibility\n\nOn the declaration of a public health emergency, the chief executive is responsible for the overall management and control of the response to the emergency.\nThe chief executive is taken to be—\nif the chief executive is a doctor—an emergency officer (medical) and has and may exercise all the powers an emergency officer (medical) may exercise under this chapter; or\nif the chief executive is not a doctor—an emergency officer (general) and has and may exercise all the powers an emergency officer (general) may exercise under this chapter.\nFor coordinating the response by emergency officers to the declared public health emergency, the chief executive may give directions about the circumstances in which powers available to emergency officers under this chapter may be exercised.\nA direction given under subsection (3) —\nmay be general or limited to a particular class of emergency officers; and\nmay be given on conditions.\ns 332 amd 2006 No. 25 s 241 (2) sch 4\n(sec.332-ssec.1) On the declaration of a public health emergency, the chief executive is responsible for the overall management and control of the response to the emergency.\n(sec.332-ssec.2) The chief executive is taken to be— if the chief executive is a doctor—an emergency officer (medical) and has and may exercise all the powers an emergency officer (medical) may exercise under this chapter; or if the chief executive is not a doctor—an emergency officer (general) and has and may exercise all the powers an emergency officer (general) may exercise under this chapter.\n(sec.332-ssec.3) For coordinating the response by emergency officers to the declared public health emergency, the chief executive may give directions about the circumstances in which powers available to emergency officers under this chapter may be exercised.\n(sec.332-ssec.4) A direction given under subsection (3) — may be general or limited to a particular class of emergency officers; and may be given on conditions.\n- (a) if the chief executive is a doctor—an emergency officer (medical) and has and may exercise all the powers an emergency officer (medical) may exercise under this chapter; or\n- (b) if the chief executive is not a doctor—an emergency officer (general) and has and may exercise all the powers an emergency officer (general) may exercise under this chapter.\n- (a) may be general or limited to a particular class of emergency officers; and\n- (b) may be given on conditions.","sortOrder":584},{"sectionNumber":"ch.8-pt.5","sectionType":"part","heading":"Appointment of emergency officers","content":"# Appointment of emergency officers","sortOrder":585},{"sectionNumber":"sec.333","sectionType":"section","heading":"Appointment of emergency officers (general)","content":"### sec.333 Appointment of emergency officers (general)\n\nThe chief executive may by instrument appoint the following persons as emergency officers (general) for declared public health emergencies—\npublic service officers or public service employees;\nhealth service employees;\npersons employed by a local government;\nSES members under the State Emergency Service Act 2024 ;\nother persons prescribed under a regulation.\nAn appointment under subsection (1) (c) is for the local government’s area and any other local government area stated in the appointment.\nFor an appointment under subsection (1) (c) , the chief executive must, before appointing a person, obtain agreement to the appointment from the chief executive officer of the local government that employs the person.\nAn appointment under subsection (1) may be made before or after the declaration of a public health emergency.\ns 333 amd 2014 No. 17 s 184 sch 1 pt 3 ; 2022 No. 34 s 365 sch 3 ; 2024 No. 18 s 39 sch 1\n(sec.333-ssec.1) The chief executive may by instrument appoint the following persons as emergency officers (general) for declared public health emergencies— public service officers or public service employees; health service employees; persons employed by a local government; SES members under the State Emergency Service Act 2024 ; other persons prescribed under a regulation.\n(sec.333-ssec.2) An appointment under subsection (1) (c) is for the local government’s area and any other local government area stated in the appointment.\n(sec.333-ssec.3) For an appointment under subsection (1) (c) , the chief executive must, before appointing a person, obtain agreement to the appointment from the chief executive officer of the local government that employs the person.\n(sec.333-ssec.4) An appointment under subsection (1) may be made before or after the declaration of a public health emergency.\n- (a) public service officers or public service employees;\n- (b) health service employees;\n- (c) persons employed by a local government;\n- (d) SES members under the State Emergency Service Act 2024 ;\n- (e) other persons prescribed under a regulation.","sortOrder":586},{"sectionNumber":"sec.334","sectionType":"section","heading":"Qualifications for appointment as emergency officer (general)","content":"### sec.334 Qualifications for appointment as emergency officer (general)\n\nThe chief executive may appoint a person as an emergency officer (general) only if the chief executive considers the person has the necessary expertise and experience to be an emergency officer (general).","sortOrder":587},{"sectionNumber":"sec.335","sectionType":"section","heading":"Appointment of emergency officers (medical)","content":"### sec.335 Appointment of emergency officers (medical)\n\nThe chief executive may by instrument appoint doctors as emergency officers (medical) for declared public health emergencies if they are—\npublic service officers or public service employees; or\nhealth service employees; or\nother persons prescribed under a regulation.\nAn appointment under subsection (1) may be made before or after the declaration of a public health emergency.\ns 335 amd 2022 No. 34 s 365 sch 3\n(sec.335-ssec.1) The chief executive may by instrument appoint doctors as emergency officers (medical) for declared public health emergencies if they are— public service officers or public service employees; or health service employees; or other persons prescribed under a regulation.\n(sec.335-ssec.2) An appointment under subsection (1) may be made before or after the declaration of a public health emergency.\n- (a) public service officers or public service employees; or\n- (b) health service employees; or\n- (c) other persons prescribed under a regulation.","sortOrder":588},{"sectionNumber":"sec.336","sectionType":"section","heading":"Qualifications for appointment as emergency officer (medical)","content":"### sec.336 Qualifications for appointment as emergency officer (medical)\n\nThe chief executive may appoint a doctor as an emergency officer (medical) only if the chief executive considers the doctor has the necessary expertise and experience to be an emergency officer (medical).","sortOrder":589},{"sectionNumber":"sec.337","sectionType":"section","heading":"Appointment conditions","content":"### sec.337 Appointment conditions\n\nAn emergency officer holds office on the conditions stated in the instrument of appointment.\nAn emergency officer may resign by signed notice of resignation given to the chief executive.\n(sec.337-ssec.1) An emergency officer holds office on the conditions stated in the instrument of appointment.\n(sec.337-ssec.2) An emergency officer may resign by signed notice of resignation given to the chief executive.","sortOrder":590},{"sectionNumber":"sec.338","sectionType":"section","heading":"Chief executive to give copy of appointment to emergency officer","content":"### sec.338 Chief executive to give copy of appointment to emergency officer\n\nThe chief executive must, as soon as practicable after appointing a person as an emergency officer, give to the person appointed a copy of the person’s appointment.","sortOrder":591},{"sectionNumber":"sec.339","sectionType":"section","heading":"Powers","content":"### sec.339 Powers\n\nFor a declared public health emergency—\nan emergency officer has the powers stated in part 6 ; and\nan emergency officer (medical) also has the powers stated in part 7 .\nAn emergency officer is subject to the directions of the chief executive in exercising the powers.\nAn emergency officer’s powers may be limited—\nunder a condition of appointment; or\nby notice given by the chief executive to the emergency officer.\ns 339 amd 2020 No. 11 ss 31 , 40\n(sec.339-ssec.1) For a declared public health emergency— an emergency officer has the powers stated in part 6 ; and an emergency officer (medical) also has the powers stated in part 7 .\n(sec.339-ssec.2) An emergency officer is subject to the directions of the chief executive in exercising the powers.\n(sec.339-ssec.3) An emergency officer’s powers may be limited— under a condition of appointment; or by notice given by the chief executive to the emergency officer.\n- (a) an emergency officer has the powers stated in part 6 ; and\n- (b) an emergency officer (medical) also has the powers stated in part 7 .\n- (a) under a condition of appointment; or\n- (b) by notice given by the chief executive to the emergency officer.","sortOrder":592},{"sectionNumber":"sec.340","sectionType":"section","heading":"Identity cards","content":"### sec.340 Identity cards\n\nThe chief executive must give each emergency officer an identity card as soon as practicable after the officer’s appointment.\nThe identity card must—\ncontain a copy of the signature, and, if practicable, a recent photograph, of the emergency officer; and\nidentify the person as an emergency officer (general) or an emergency officer (medical) under this Act; and\ninclude an expiry date for the card.\ns 340 amd 2020 No. 11 ss 32 , 41\n(sec.340-ssec.1) The chief executive must give each emergency officer an identity card as soon as practicable after the officer’s appointment.\n(sec.340-ssec.2) The identity card must— contain a copy of the signature, and, if practicable, a recent photograph, of the emergency officer; and identify the person as an emergency officer (general) or an emergency officer (medical) under this Act; and include an expiry date for the card.\n- (a) contain a copy of the signature, and, if practicable, a recent photograph, of the emergency officer; and\n- (b) identify the person as an emergency officer (general) or an emergency officer (medical) under this Act; and\n- (c) include an expiry date for the card.","sortOrder":593},{"sectionNumber":"sec.341","sectionType":"section","heading":"Failure to return identity card","content":"### sec.341 Failure to return identity card\n\nA person who ceases to be an emergency officer must return the person’s identity card to the chief executive as soon as practicable, but within 21 days, after ceasing to be an emergency officer, unless the person has a reasonable excuse.\nMaximum penalty—20 penalty units.\ns 341 amd 2020 No. 11 ss 33 , 42","sortOrder":594},{"sectionNumber":"sec.342","sectionType":"section","heading":"Production or display of identity card by emergency officer","content":"### sec.342 Production or display of identity card by emergency officer\n\nAn emergency officer may exercise a power in relation to another person only if—\nif the emergency officer has been issued with an identity card with a photograph, the emergency officer—\nfirst produces the emergency officer’s identity card for the other person’s inspection; or\nhas the identity card displayed so it is clearly visible to the other person; or\nif the emergency officer has been issued with an identity card without a photograph, the emergency officer—\nfirst produces the emergency officer’s identity card for the other person’s inspection together with a form of photo identification that identifies the officer; or\nhas the identity card displayed so it is clearly visible to the other person and produces a form of photo identification that identifies the officer; or\nif the emergency officer has not been issued with an identity card, the emergency officer first produces—\na form of photo identification that identifies the officer; and\na copy of the officer’s appointment as an emergency officer.\nHowever, if for any reason it is not practicable to comply with subsection (1) before exercising the power, the emergency officer must produce for the other person’s inspection at the first reasonable opportunity—\nif the emergency officer has been issued with an identity card with a photograph—the emergency officer’s identity card; or\nif the emergency officer has been issued with an identity card without a photograph—the emergency officer’s identity card together with a form of photo identification that identifies the officer; or\nif the emergency officer has not been issued with an identity card—a form of photo identification that identifies the officer and a copy of the officer’s appointment as an emergency officer.\nSubsection (2) applies only if the production is practicable in all the circumstances.\ns 342 amd 2020 No. 11 ss 34 , 43\n(sec.342-ssec.1) An emergency officer may exercise a power in relation to another person only if— if the emergency officer has been issued with an identity card with a photograph, the emergency officer— first produces the emergency officer’s identity card for the other person’s inspection; or has the identity card displayed so it is clearly visible to the other person; or if the emergency officer has been issued with an identity card without a photograph, the emergency officer— first produces the emergency officer’s identity card for the other person’s inspection together with a form of photo identification that identifies the officer; or has the identity card displayed so it is clearly visible to the other person and produces a form of photo identification that identifies the officer; or if the emergency officer has not been issued with an identity card, the emergency officer first produces— a form of photo identification that identifies the officer; and a copy of the officer’s appointment as an emergency officer.\n(sec.342-ssec.2) However, if for any reason it is not practicable to comply with subsection (1) before exercising the power, the emergency officer must produce for the other person’s inspection at the first reasonable opportunity— if the emergency officer has been issued with an identity card with a photograph—the emergency officer’s identity card; or if the emergency officer has been issued with an identity card without a photograph—the emergency officer’s identity card together with a form of photo identification that identifies the officer; or if the emergency officer has not been issued with an identity card—a form of photo identification that identifies the officer and a copy of the officer’s appointment as an emergency officer.\n(sec.342-ssec.3) Subsection (2) applies only if the production is practicable in all the circumstances.\n- (a) if the emergency officer has been issued with an identity card with a photograph, the emergency officer— (i) first produces the emergency officer’s identity card for the other person’s inspection; or (ii) has the identity card displayed so it is clearly visible to the other person; or\n- (i) first produces the emergency officer’s identity card for the other person’s inspection; or\n- (ii) has the identity card displayed so it is clearly visible to the other person; or\n- (b) if the emergency officer has been issued with an identity card without a photograph, the emergency officer— (i) first produces the emergency officer’s identity card for the other person’s inspection together with a form of photo identification that identifies the officer; or (ii) has the identity card displayed so it is clearly visible to the other person and produces a form of photo identification that identifies the officer; or\n- (i) first produces the emergency officer’s identity card for the other person’s inspection together with a form of photo identification that identifies the officer; or\n- (ii) has the identity card displayed so it is clearly visible to the other person and produces a form of photo identification that identifies the officer; or\n- (c) if the emergency officer has not been issued with an identity card, the emergency officer first produces— (i) a form of photo identification that identifies the officer; and (ii) a copy of the officer’s appointment as an emergency officer.\n- (i) a form of photo identification that identifies the officer; and\n- (ii) a copy of the officer’s appointment as an emergency officer.\n- (i) first produces the emergency officer’s identity card for the other person’s inspection; or\n- (ii) has the identity card displayed so it is clearly visible to the other person; or\n- (i) first produces the emergency officer’s identity card for the other person’s inspection together with a form of photo identification that identifies the officer; or\n- (ii) has the identity card displayed so it is clearly visible to the other person and produces a form of photo identification that identifies the officer; or\n- (i) a form of photo identification that identifies the officer; and\n- (ii) a copy of the officer’s appointment as an emergency officer.\n- (a) if the emergency officer has been issued with an identity card with a photograph—the emergency officer’s identity card; or\n- (b) if the emergency officer has been issued with an identity card without a photograph—the emergency officer’s identity card together with a form of photo identification that identifies the officer; or\n- (c) if the emergency officer has not been issued with an identity card—a form of photo identification that identifies the officer and a copy of the officer’s appointment as an emergency officer.","sortOrder":595},{"sectionNumber":"ch.8-pt.6","sectionType":"part","heading":"Powers of emergency officers","content":"# Powers of emergency officers","sortOrder":596},{"sectionNumber":"ch.8-pt.6-div.1","sectionType":"division","heading":"Entry of places","content":"## Entry of places","sortOrder":597},{"sectionNumber":"sec.343","sectionType":"section","heading":"Power to enter places","content":"### sec.343 Power to enter places\n\nAn emergency officer may enter a place, in the public health emergency area, if the emergency officer is responding to a declared public health emergency and reasonably believes it is urgent that the emergency officer enter the place to—\nsave human life; or\nprevent or minimise serious adverse effects on human health; or\ndo anything else to relieve suffering or distress.\nThe emergency officer may enter the place with the help, and using the force, that is reasonable in the circumstances.\n(sec.343-ssec.1) An emergency officer may enter a place, in the public health emergency area, if the emergency officer is responding to a declared public health emergency and reasonably believes it is urgent that the emergency officer enter the place to— save human life; or prevent or minimise serious adverse effects on human health; or do anything else to relieve suffering or distress.\n(sec.343-ssec.2) The emergency officer may enter the place with the help, and using the force, that is reasonable in the circumstances.\n- (a) save human life; or\n- (b) prevent or minimise serious adverse effects on human health; or\n- (c) do anything else to relieve suffering or distress.","sortOrder":598},{"sectionNumber":"sec.344","sectionType":"section","heading":"Procedure before entry","content":"### sec.344 Procedure before entry\n\nThis section applies to an emergency officer intending to enter a place to respond to a declared public health emergency.\nBefore entering the place, the emergency officer must do or make a reasonable attempt to do the following things—\nseek an occupier’s consent to the entry;\ntell the occupier the emergency officer is permitted to enter the place to respond to a declared public health emergency;\ngive the occupier an opportunity to allow the emergency officer immediate entry to the place without using force.\nHowever, the emergency officer need not comply with subsection (2) if the emergency officer believes on reasonable grounds that immediate entry to the place is required to effectively respond to the declared public health emergency.\n(sec.344-ssec.1) This section applies to an emergency officer intending to enter a place to respond to a declared public health emergency.\n(sec.344-ssec.2) Before entering the place, the emergency officer must do or make a reasonable attempt to do the following things— seek an occupier’s consent to the entry; tell the occupier the emergency officer is permitted to enter the place to respond to a declared public health emergency; give the occupier an opportunity to allow the emergency officer immediate entry to the place without using force.\n(sec.344-ssec.3) However, the emergency officer need not comply with subsection (2) if the emergency officer believes on reasonable grounds that immediate entry to the place is required to effectively respond to the declared public health emergency.\n- (a) seek an occupier’s consent to the entry;\n- (b) tell the occupier the emergency officer is permitted to enter the place to respond to a declared public health emergency;\n- (c) give the occupier an opportunity to allow the emergency officer immediate entry to the place without using force.","sortOrder":599},{"sectionNumber":"ch.8-pt.6-div.2","sectionType":"division","heading":"Emergency powers","content":"## Emergency powers","sortOrder":600},{"sectionNumber":"sec.345","sectionType":"section","heading":"Emergency powers","content":"### sec.345 Emergency powers\n\nAn emergency officer responding to a declared public health emergency may do any of the following the emergency officer reasonably believes is necessary to respond to the declared public health emergency—\nrequire a person not to enter or not to remain within a place;\nrequire a person to stop using a place for a stated purpose;\nrequire a person to go to a stated place;\nrequire a person to stay at or in a stated place;\nrequire a person to take measures to remove from the person a substance that is a hazard to human health, for example, by showering;\ndirect the movement of a person, animal or a vehicle into, out of, or around the public health emergency area;\nrequire a person to state the person’s name and residential address;\nrequire a person to answer questions by the emergency officer;\nclean or disinfect a place, structure or thing;\ncarry out insect or pest control;\ndemolish stated structures or other property;\ncontain an animal, substance or thing within the public health emergency area;\nremove an animal, substance or thing from a place;\ndestroy animals at a place or remove animals from a place for destruction at another place;\ndispose of an animal, substance or thing at a place, for example, by burying the animal, substance or thing;\ntake action in relation to property including, for example, to allow the officer to take control of a building for the purposes of the emergency;\nrequire a person to give the emergency officer reasonable help to exercise the emergency officer’s powers under paragraphs (i) to (p) .\nHowever, an emergency officer may exercise a power under subsection (1) (k) or (n) only with the written approval of the chief executive.\nIf a person fails to comply with a requirement or direction under subsection (1) (a) to (f) , an emergency officer may, with necessary and reasonable help and force, take action to enforce the requirement or direction.\nFor subsection (1) (g) , the emergency officer may require the person to give the officer evidence of the correctness of the stated name or residential address if the officer reasonably suspects the stated name or address to be false.\nWhen making a requirement or direction mentioned in subsection (1) or (4) , the emergency officer must—\nwarn the person it is an offence to fail to comply with the requirement or direction, unless the person has a reasonable excuse; and\ntell the person of the effect of section 346 (2) .\n(sec.345-ssec.1) An emergency officer responding to a declared public health emergency may do any of the following the emergency officer reasonably believes is necessary to respond to the declared public health emergency— require a person not to enter or not to remain within a place; require a person to stop using a place for a stated purpose; require a person to go to a stated place; require a person to stay at or in a stated place; require a person to take measures to remove from the person a substance that is a hazard to human health, for example, by showering; direct the movement of a person, animal or a vehicle into, out of, or around the public health emergency area; require a person to state the person’s name and residential address; require a person to answer questions by the emergency officer; clean or disinfect a place, structure or thing; carry out insect or pest control; demolish stated structures or other property; contain an animal, substance or thing within the public health emergency area; remove an animal, substance or thing from a place; destroy animals at a place or remove animals from a place for destruction at another place; dispose of an animal, substance or thing at a place, for example, by burying the animal, substance or thing; take action in relation to property including, for example, to allow the officer to take control of a building for the purposes of the emergency; require a person to give the emergency officer reasonable help to exercise the emergency officer’s powers under paragraphs (i) to (p) .\n(sec.345-ssec.2) However, an emergency officer may exercise a power under subsection (1) (k) or (n) only with the written approval of the chief executive.\n(sec.345-ssec.3) If a person fails to comply with a requirement or direction under subsection (1) (a) to (f) , an emergency officer may, with necessary and reasonable help and force, take action to enforce the requirement or direction.\n(sec.345-ssec.4) For subsection (1) (g) , the emergency officer may require the person to give the officer evidence of the correctness of the stated name or residential address if the officer reasonably suspects the stated name or address to be false.\n(sec.345-ssec.5) When making a requirement or direction mentioned in subsection (1) or (4) , the emergency officer must— warn the person it is an offence to fail to comply with the requirement or direction, unless the person has a reasonable excuse; and tell the person of the effect of section 346 (2) .\n- (a) require a person not to enter or not to remain within a place;\n- (b) require a person to stop using a place for a stated purpose;\n- (c) require a person to go to a stated place;\n- (d) require a person to stay at or in a stated place;\n- (e) require a person to take measures to remove from the person a substance that is a hazard to human health, for example, by showering;\n- (f) direct the movement of a person, animal or a vehicle into, out of, or around the public health emergency area;\n- (g) require a person to state the person’s name and residential address;\n- (h) require a person to answer questions by the emergency officer;\n- (i) clean or disinfect a place, structure or thing;\n- (j) carry out insect or pest control;\n- (k) demolish stated structures or other property;\n- (l) contain an animal, substance or thing within the public health emergency area;\n- (m) remove an animal, substance or thing from a place;\n- (n) destroy animals at a place or remove animals from a place for destruction at another place;\n- (o) dispose of an animal, substance or thing at a place, for example, by burying the animal, substance or thing;\n- (p) take action in relation to property including, for example, to allow the officer to take control of a building for the purposes of the emergency;\n- (q) require a person to give the emergency officer reasonable help to exercise the emergency officer’s powers under paragraphs (i) to (p) .\n- (a) warn the person it is an offence to fail to comply with the requirement or direction, unless the person has a reasonable excuse; and\n- (b) tell the person of the effect of section 346 (2) .","sortOrder":601},{"sectionNumber":"sec.346","sectionType":"section","heading":"Failure to comply with requirement","content":"### sec.346 Failure to comply with requirement\n\nA person of whom a requirement or direction is made under section 345 (1) (a) to (h) or (4) must comply with the requirement or direction, unless the person has a reasonable excuse.\nMaximum penalty—100 penalty units.\nIt is not a reasonable excuse to fail to comply with the requirement that complying with the requirement might tend to incriminate the person.\nHowever, the following is not admissible in evidence against an individual in any civil or criminal proceeding—\nany answer given by the individual in complying with the requirement ( primary evidence );\nany information, or document or other thing, obtained as a direct or indirect result of primary evidence ( derived evidence ).\nSubsection (3) does not prevent primary evidence or derived evidence being admitted in evidence in criminal proceedings about the falsity or misleading nature of the primary evidence.\n(sec.346-ssec.1) A person of whom a requirement or direction is made under section 345 (1) (a) to (h) or (4) must comply with the requirement or direction, unless the person has a reasonable excuse. Maximum penalty—100 penalty units.\n(sec.346-ssec.2) It is not a reasonable excuse to fail to comply with the requirement that complying with the requirement might tend to incriminate the person.\n(sec.346-ssec.3) However, the following is not admissible in evidence against an individual in any civil or criminal proceeding— any answer given by the individual in complying with the requirement ( primary evidence ); any information, or document or other thing, obtained as a direct or indirect result of primary evidence ( derived evidence ).\n(sec.346-ssec.4) Subsection (3) does not prevent primary evidence or derived evidence being admitted in evidence in criminal proceedings about the falsity or misleading nature of the primary evidence.\n- (a) any answer given by the individual in complying with the requirement ( primary evidence );\n- (b) any information, or document or other thing, obtained as a direct or indirect result of primary evidence ( derived evidence ).","sortOrder":602},{"sectionNumber":"sec.347","sectionType":"section","heading":"General powers after entering places","content":"### sec.347 General powers after entering places\n\nThis section applies to an emergency officer who enters a place to respond to a declared public health emergency.\nThe emergency officer may—\nsearch any part of the place; or\ninspect, measure, test, photograph or film any part of the place or anything at the place; or\ntake a thing, or a sample of or from a thing, at the place for analysis or testing; or\ncopy a document at the place or take the document to another place to copy it; or\ntake into or onto the place any persons, equipment and materials the emergency officer reasonably requires for exercising a power under this chapter; or\nrequire a person at the place to give the emergency officer reasonable help to exercise the emergency officer’s powers under paragraphs (a) to (e) .\nWhen making a requirement mentioned in subsection (2) (f) the emergency officer must warn the person it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse.\nIf an emergency officer takes a document from a place to copy it, the document must be copied as soon as practicable and returned to the place.\n(sec.347-ssec.1) This section applies to an emergency officer who enters a place to respond to a declared public health emergency.\n(sec.347-ssec.2) The emergency officer may— search any part of the place; or inspect, measure, test, photograph or film any part of the place or anything at the place; or take a thing, or a sample of or from a thing, at the place for analysis or testing; or copy a document at the place or take the document to another place to copy it; or take into or onto the place any persons, equipment and materials the emergency officer reasonably requires for exercising a power under this chapter; or require a person at the place to give the emergency officer reasonable help to exercise the emergency officer’s powers under paragraphs (a) to (e) .\n(sec.347-ssec.3) When making a requirement mentioned in subsection (2) (f) the emergency officer must warn the person it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse.\n(sec.347-ssec.4) If an emergency officer takes a document from a place to copy it, the document must be copied as soon as practicable and returned to the place.\n- (a) search any part of the place; or\n- (b) inspect, measure, test, photograph or film any part of the place or anything at the place; or\n- (c) take a thing, or a sample of or from a thing, at the place for analysis or testing; or\n- (d) copy a document at the place or take the document to another place to copy it; or\n- (e) take into or onto the place any persons, equipment and materials the emergency officer reasonably requires for exercising a power under this chapter; or\n- (f) require a person at the place to give the emergency officer reasonable help to exercise the emergency officer’s powers under paragraphs (a) to (e) .","sortOrder":603},{"sectionNumber":"sec.348","sectionType":"section","heading":"Failure to help emergency officer","content":"### sec.348 Failure to help emergency officer\n\nA person required to give reasonable help under section 345 (1) (q) or 347 (2) (f) must comply with the requirement, unless the person has a reasonable excuse.\nMaximum penalty—100 penalty units.","sortOrder":604},{"sectionNumber":"ch.8-pt.7","sectionType":"part","heading":"Extra powers of emergency officers (medical)","content":"# Extra powers of emergency officers (medical)","sortOrder":605},{"sectionNumber":"ch.8-pt.7-div.1","sectionType":"division","heading":"Detention powers","content":"## Detention powers","sortOrder":606},{"sectionNumber":"sec.349","sectionType":"section","heading":"Emergency officer (medical) may order detention","content":"### sec.349 Emergency officer (medical) may order detention\n\nThis section applies if an emergency officer (medical) reasonably suspects that—\na person in a public health emergency area has or may have a serious disease or illness; and\nthe serious disease or illness, or the serious disease or illness and the person’s likely behaviour, constitutes an immediate risk to public health; and\nit is necessary to detain the person to effectively respond to the declared public health emergency.\nThe emergency officer (medical) may order the detention of the person at a place decided by the officer within or outside the public health emergency area.\nThe order must be in writing and state the following—\na description of the serious disease or illness the person has or may have;\nthe place where the person is to be detained;\nthat the person must—\nif the person is at the place where the person is to be detained—remain at the place; or\nif the person is not at the place where the person is to be detained—go to the place with the emergency officer (medical) or with a person nominated by the officer;\nthe time when the detention order ends.\n(sec.349-ssec.1) This section applies if an emergency officer (medical) reasonably suspects that— a person in a public health emergency area has or may have a serious disease or illness; and the serious disease or illness, or the serious disease or illness and the person’s likely behaviour, constitutes an immediate risk to public health; and it is necessary to detain the person to effectively respond to the declared public health emergency.\n(sec.349-ssec.2) The emergency officer (medical) may order the detention of the person at a place decided by the officer within or outside the public health emergency area.\n(sec.349-ssec.3) The order must be in writing and state the following— a description of the serious disease or illness the person has or may have; the place where the person is to be detained; that the person must— if the person is at the place where the person is to be detained—remain at the place; or if the person is not at the place where the person is to be detained—go to the place with the emergency officer (medical) or with a person nominated by the officer; the time when the detention order ends.\n- (a) a person in a public health emergency area has or may have a serious disease or illness; and\n- (b) the serious disease or illness, or the serious disease or illness and the person’s likely behaviour, constitutes an immediate risk to public health; and\n- (c) it is necessary to detain the person to effectively respond to the declared public health emergency.\n- (a) a description of the serious disease or illness the person has or may have;\n- (b) the place where the person is to be detained;\n- (c) that the person must— (i) if the person is at the place where the person is to be detained—remain at the place; or (ii) if the person is not at the place where the person is to be detained—go to the place with the emergency officer (medical) or with a person nominated by the officer;\n- (i) if the person is at the place where the person is to be detained—remain at the place; or\n- (ii) if the person is not at the place where the person is to be detained—go to the place with the emergency officer (medical) or with a person nominated by the officer;\n- (d) the time when the detention order ends.\n- (i) if the person is at the place where the person is to be detained—remain at the place; or\n- (ii) if the person is not at the place where the person is to be detained—go to the place with the emergency officer (medical) or with a person nominated by the officer;","sortOrder":607},{"sectionNumber":"sec.350","sectionType":"section","heading":"Duration of order","content":"### sec.350 Duration of order\n\nA detention order by an emergency officer (medical) ends—\n96 hours from the time it is given to the person the subject of the order; or\nif a lesser period is stated in the order, at the end of the lesser period.\ns 350 amd 2020 No. 11 ss 35 , 44\n- (a) 96 hours from the time it is given to the person the subject of the order; or\n- (b) if a lesser period is stated in the order, at the end of the lesser period.","sortOrder":608},{"sectionNumber":"sec.351","sectionType":"section","heading":"Enforcement of order","content":"### sec.351 Enforcement of order\n\nA detention order may be enforced by the emergency officer (medical) or a person nominated by the officer.\nThe officer or person nominated must—\ngive the person to be detained a copy of the detention order and explain to the person, in general terms, the purpose and effect of the order; or\nif it is not reasonably practicable to give a written detention order to the person before detaining the person—explain the purpose and effect of the order to the person in detail.\nA detention order explained under subsection (2) (b) has the same effect as a written order but the officer or person nominated by the officer must give the written order to the person detained as soon as reasonably practicable after the person is detained.\nA person to whom a detention order applies must comply with the order.\nMaximum penalty—200 penalty units.\nThe officer or person may enforce the detention order with the help, and using the force, that is reasonable in the circumstances.\n(sec.351-ssec.1) A detention order may be enforced by the emergency officer (medical) or a person nominated by the officer.\n(sec.351-ssec.2) The officer or person nominated must— give the person to be detained a copy of the detention order and explain to the person, in general terms, the purpose and effect of the order; or if it is not reasonably practicable to give a written detention order to the person before detaining the person—explain the purpose and effect of the order to the person in detail.\n(sec.351-ssec.3) A detention order explained under subsection (2) (b) has the same effect as a written order but the officer or person nominated by the officer must give the written order to the person detained as soon as reasonably practicable after the person is detained.\n(sec.351-ssec.4) A person to whom a detention order applies must comply with the order. Maximum penalty—200 penalty units.\n(sec.351-ssec.5) The officer or person may enforce the detention order with the help, and using the force, that is reasonable in the circumstances.\n- (a) give the person to be detained a copy of the detention order and explain to the person, in general terms, the purpose and effect of the order; or\n- (b) if it is not reasonably practicable to give a written detention order to the person before detaining the person—explain the purpose and effect of the order to the person in detail.","sortOrder":609},{"sectionNumber":"sec.352","sectionType":"section","heading":"Establishing isolation areas","content":"### sec.352 Establishing isolation areas\n\nAn emergency officer (medical) may establish an area (an isolation area ) to accommodate persons detained under this division.\nAn emergency officer may take the action the emergency officer reasonably believes is necessary to establish an isolation area.\nWithout limiting subsection (2) , an emergency officer may use a building or any other thing within the isolation area.\n(sec.352-ssec.1) An emergency officer (medical) may establish an area (an isolation area ) to accommodate persons detained under this division.\n(sec.352-ssec.2) An emergency officer may take the action the emergency officer reasonably believes is necessary to establish an isolation area.\n(sec.352-ssec.3) Without limiting subsection (2) , an emergency officer may use a building or any other thing within the isolation area.","sortOrder":610},{"sectionNumber":"sec.353","sectionType":"section","heading":"Person to be given opportunity of voluntarily complying with order","content":"### sec.353 Person to be given opportunity of voluntarily complying with order\n\nBefore enforcing a detention order against a person, the emergency officer (medical) or a person nominated by the officer must give the person the opportunity of voluntarily complying with the order.","sortOrder":611},{"sectionNumber":"sec.354","sectionType":"section","heading":"Medical examination and treatment","content":"### sec.354 Medical examination and treatment\n\nAs soon as practicable after a person is detained, an emergency officer (medical) must request that the person be medically examined—\nto help decide whether the person has or may have a serious disease or illness so that the person may be treated for the disease or illness; and\nto decide whether the person is an immediate risk to public health.\nWhen requesting that the person be examined, the emergency officer (medical) must—\ngive an explanation to the person about the examination to be undertaken in a way likely to be readily understood by the person; and\ntell the person that the person may refuse the examination.\nAny examination of the person may be conducted by an emergency officer (medical) or a doctor chosen by the person.\nThe person must be given the opportunity of receiving medical treatment including by a doctor chosen by the person.\nSubsection (1) does not apply if—\nthe serious disease or illness is an emergency notifiable condition and there is no recognised procedure for deciding whether the person has been exposed to the condition; or\nthere is no way of deciding within 96 hours whether the person has been exposed to the serious disease or illness.\nThe chief executive may apply for an initial examination order under section 116 .\ns 354 amd 2020 No. 16 ss 60 , 65\n(sec.354-ssec.1) As soon as practicable after a person is detained, an emergency officer (medical) must request that the person be medically examined— to help decide whether the person has or may have a serious disease or illness so that the person may be treated for the disease or illness; and to decide whether the person is an immediate risk to public health.\n(sec.354-ssec.2) When requesting that the person be examined, the emergency officer (medical) must— give an explanation to the person about the examination to be undertaken in a way likely to be readily understood by the person; and tell the person that the person may refuse the examination.\n(sec.354-ssec.3) Any examination of the person may be conducted by an emergency officer (medical) or a doctor chosen by the person.\n(sec.354-ssec.4) The person must be given the opportunity of receiving medical treatment including by a doctor chosen by the person.\n(sec.354-ssec.5) Subsection (1) does not apply if— the serious disease or illness is an emergency notifiable condition and there is no recognised procedure for deciding whether the person has been exposed to the condition; or there is no way of deciding within 96 hours whether the person has been exposed to the serious disease or illness. The chief executive may apply for an initial examination order under section 116 .\n- (a) to help decide whether the person has or may have a serious disease or illness so that the person may be treated for the disease or illness; and\n- (b) to decide whether the person is an immediate risk to public health.\n- (a) give an explanation to the person about the examination to be undertaken in a way likely to be readily understood by the person; and\n- (b) tell the person that the person may refuse the examination.\n- (a) the serious disease or illness is an emergency notifiable condition and there is no recognised procedure for deciding whether the person has been exposed to the condition; or\n- (b) there is no way of deciding within 96 hours whether the person has been exposed to the serious disease or illness.","sortOrder":612},{"sectionNumber":"sec.355","sectionType":"section","heading":"When detained person must be released before the end of the order","content":"### sec.355 When detained person must be released before the end of the order\n\nA person detained under this part must be released before the detention order ends if—\nan emergency officer (medical) is satisfied the person is no longer an immediate risk to public health; or\nif the person has been examined by a doctor chosen by the person—both the doctor and the emergency officer (medical) are satisfied the person is no longer an immediate risk to public health.\n- (a) an emergency officer (medical) is satisfied the person is no longer an immediate risk to public health; or\n- (b) if the person has been examined by a doctor chosen by the person—both the doctor and the emergency officer (medical) are satisfied the person is no longer an immediate risk to public health.","sortOrder":613},{"sectionNumber":"ch.8-pt.7-div.2","sectionType":"division","heading":"Extension of detention order","content":"## Extension of detention order","sortOrder":614},{"sectionNumber":"sec.356","sectionType":"section","heading":"Application to extend order","content":"### sec.356 Application to extend order\n\nThis section applies if an emergency officer (medical) is satisfied that, having regard to the matters stated in section 349 (1) (a) and (b) , it is necessary to continue to detain a person after a detention order ends.\nThe emergency officer (medical) or the chief executive may apply to a magistrate to extend the detention order.\nThe application must be made before the detention order ends.\nThe emergency officer (medical) or the chief executive must immediately give the person detained a copy of the application.\nThe person detained must not attend the hearing of the application but may nominate a person to represent the person detained at the hearing.\nThe magistrate may refuse to consider the application until the applicant gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.\nThe magistrate may require additional information supporting the application be given by statutory declaration.\n(sec.356-ssec.1) This section applies if an emergency officer (medical) is satisfied that, having regard to the matters stated in section 349 (1) (a) and (b) , it is necessary to continue to detain a person after a detention order ends.\n(sec.356-ssec.2) The emergency officer (medical) or the chief executive may apply to a magistrate to extend the detention order.\n(sec.356-ssec.3) The application must be made before the detention order ends.\n(sec.356-ssec.4) The emergency officer (medical) or the chief executive must immediately give the person detained a copy of the application.\n(sec.356-ssec.5) The person detained must not attend the hearing of the application but may nominate a person to represent the person detained at the hearing.\n(sec.356-ssec.6) The magistrate may refuse to consider the application until the applicant gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires. The magistrate may require additional information supporting the application be given by statutory declaration.","sortOrder":615},{"sectionNumber":"sec.357","sectionType":"section","heading":"Consideration of application","content":"### sec.357 Consideration of application\n\nThe magistrate—\nmust decide the application as quickly as possible; and\nmust consider any representations made by the person representing the person detained; and\nmay make the orders the magistrate considers appropriate for deciding the application; and\nan order adjourning the application until the emergency officer (medical) gives the magistrate additional information\nmay extend, or refuse to extend, the detention order.\nHowever, the magistrate may extend the detention order only if satisfied it is reasonably necessary to effectively respond to the declared public health emergency.\nIf the magistrate does not decide the application before the end of the detention order, the detention order continues until the application is finally decided.\n(sec.357-ssec.1) The magistrate— must decide the application as quickly as possible; and must consider any representations made by the person representing the person detained; and may make the orders the magistrate considers appropriate for deciding the application; and an order adjourning the application until the emergency officer (medical) gives the magistrate additional information may extend, or refuse to extend, the detention order.\n(sec.357-ssec.2) However, the magistrate may extend the detention order only if satisfied it is reasonably necessary to effectively respond to the declared public health emergency.\n(sec.357-ssec.3) If the magistrate does not decide the application before the end of the detention order, the detention order continues until the application is finally decided.\n- (a) must decide the application as quickly as possible; and\n- (b) must consider any representations made by the person representing the person detained; and\n- (c) may make the orders the magistrate considers appropriate for deciding the application; and Example of order— an order adjourning the application until the emergency officer (medical) gives the magistrate additional information\n- (d) may extend, or refuse to extend, the detention order.","sortOrder":616},{"sectionNumber":"sec.358","sectionType":"section","heading":"Appeal","content":"### sec.358 Appeal\n\nAn emergency officer (medical) or the chief executive may appeal to the District Court against the refusal of a magistrate to extend the detention order.\nOn the filing of an appeal, the decision of the magistrate is stayed and the detention order continues.\nThe District Court—\nmust hear and decide the appeal without delay; and\nmay either—\nextend the detention order; or\nconfirm the decision appealed against and dismiss the appeal; and\nmay make the other orders the court considers appropriate.\n(sec.358-ssec.1) An emergency officer (medical) or the chief executive may appeal to the District Court against the refusal of a magistrate to extend the detention order.\n(sec.358-ssec.2) On the filing of an appeal, the decision of the magistrate is stayed and the detention order continues.\n(sec.358-ssec.3) The District Court— must hear and decide the appeal without delay; and may either— extend the detention order; or confirm the decision appealed against and dismiss the appeal; and may make the other orders the court considers appropriate.\n- (a) must hear and decide the appeal without delay; and\n- (b) may either— (i) extend the detention order; or (ii) confirm the decision appealed against and dismiss the appeal; and\n- (i) extend the detention order; or\n- (ii) confirm the decision appealed against and dismiss the appeal; and\n- (c) may make the other orders the court considers appropriate.\n- (i) extend the detention order; or\n- (ii) confirm the decision appealed against and dismiss the appeal; and","sortOrder":617},{"sectionNumber":"ch.8-pt.7-div.3","sectionType":"division","heading":"Other provisions about detention","content":"## Other provisions about detention","sortOrder":618},{"sectionNumber":"sec.359","sectionType":"section","heading":"Application of div 3","content":"### sec.359 Application of div 3\n\nThis division applies only in relation to a person who is detained under this part.","sortOrder":619},{"sectionNumber":"sec.360","sectionType":"section","heading":"Obligations of emergency officer (medical) in relation to person detained","content":"### sec.360 Obligations of emergency officer (medical) in relation to person detained\n\nThe emergency officer (medical) must—\nas soon as possible having regard to all the circumstances, inform the person detained—\nthat the person may apply to a magistrate for an order ending the person’s detention and how the person may apply; and\nof the person’s right to consult a lawyer or other person of the person’s choice; and\nthat, for the person to be detained beyond 96 hours, the emergency officer (medical) must apply to a magistrate to extend the detention order; and\nas soon as reasonably practicable inform the next of kin of the detained person or someone else nominated by the person—\nthat the person is detained under this part and where the person is detained; and\nof the things mentioned in paragraph (a) ; and\nof how to obtain information about the person detained, including who to contact to obtain the information; and\nas soon as reasonably practicable give the detained person a reasonable opportunity to contact persons with whom the detained person wants to communicate.\nIt may be reasonably practicable for a person with a highly contagious condition to contact a person by telephone but not to have personal contact.\ns 360 amd 2020 No. 16 ss 61 , 66\n- (a) as soon as possible having regard to all the circumstances, inform the person detained— (i) that the person may apply to a magistrate for an order ending the person’s detention and how the person may apply; and (ii) of the person’s right to consult a lawyer or other person of the person’s choice; and (iii) that, for the person to be detained beyond 96 hours, the emergency officer (medical) must apply to a magistrate to extend the detention order; and\n- (i) that the person may apply to a magistrate for an order ending the person’s detention and how the person may apply; and\n- (ii) of the person’s right to consult a lawyer or other person of the person’s choice; and\n- (iii) that, for the person to be detained beyond 96 hours, the emergency officer (medical) must apply to a magistrate to extend the detention order; and\n- (b) as soon as reasonably practicable inform the next of kin of the detained person or someone else nominated by the person— (i) that the person is detained under this part and where the person is detained; and (ii) of the things mentioned in paragraph (a) ; and (iii) of how to obtain information about the person detained, including who to contact to obtain the information; and\n- (i) that the person is detained under this part and where the person is detained; and\n- (ii) of the things mentioned in paragraph (a) ; and\n- (iii) of how to obtain information about the person detained, including who to contact to obtain the information; and\n- (c) as soon as reasonably practicable give the detained person a reasonable opportunity to contact persons with whom the detained person wants to communicate. Example for paragraph (c) — It may be reasonably practicable for a person with a highly contagious condition to contact a person by telephone but not to have personal contact.\n- (i) that the person may apply to a magistrate for an order ending the person’s detention and how the person may apply; and\n- (ii) of the person’s right to consult a lawyer or other person of the person’s choice; and\n- (iii) that, for the person to be detained beyond 96 hours, the emergency officer (medical) must apply to a magistrate to extend the detention order; and\n- (i) that the person is detained under this part and where the person is detained; and\n- (ii) of the things mentioned in paragraph (a) ; and\n- (iii) of how to obtain information about the person detained, including who to contact to obtain the information; and","sortOrder":620},{"sectionNumber":"sec.361","sectionType":"section","heading":"Application to magistrate for order ending person’s detention","content":"### sec.361 Application to magistrate for order ending person’s detention\n\nThis section applies if a person has been detained under a detention order.\nThe person’s lawyer or a person nominated by the person (the applicant ) may apply to a magistrate for an order ending the detention.\nThe application may be made orally or in writing but if made orally can not be made in the absence of the emergency officer (medical) or a representative of the emergency officer (medical).\nThe applicant must immediately give the emergency officer (medical) notice of when and where the application will be made.\nThe notice may be given orally or in writing, but if given orally must be put in writing as soon as practicable.\nThe magistrate—\nmust decide the application as quickly as possible; and\nmust have regard to any submissions made by the parties to the application; and\nmay make an order ending the person’s detention only if satisfied the person’s continued detention is not reasonably necessary to effectively respond to the declared public health emergency; and\nmay not order the applicant to pay the respondent’s costs of the application; and\nmay refuse to consider the application until the applicant gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.\nThe magistrate may require additional information supporting the application be given by statutory declaration.\nThe person detained is not entitled to be present when the application is being heard.\n(sec.361-ssec.1) This section applies if a person has been detained under a detention order.\n(sec.361-ssec.2) The person’s lawyer or a person nominated by the person (the applicant ) may apply to a magistrate for an order ending the detention.\n(sec.361-ssec.3) The application may be made orally or in writing but if made orally can not be made in the absence of the emergency officer (medical) or a representative of the emergency officer (medical).\n(sec.361-ssec.4) The applicant must immediately give the emergency officer (medical) notice of when and where the application will be made.\n(sec.361-ssec.5) The notice may be given orally or in writing, but if given orally must be put in writing as soon as practicable.\n(sec.361-ssec.6) The magistrate— must decide the application as quickly as possible; and must have regard to any submissions made by the parties to the application; and may make an order ending the person’s detention only if satisfied the person’s continued detention is not reasonably necessary to effectively respond to the declared public health emergency; and may not order the applicant to pay the respondent’s costs of the application; and may refuse to consider the application until the applicant gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires. The magistrate may require additional information supporting the application be given by statutory declaration.\n(sec.361-ssec.7) The person detained is not entitled to be present when the application is being heard.\n- (a) must decide the application as quickly as possible; and\n- (b) must have regard to any submissions made by the parties to the application; and\n- (c) may make an order ending the person’s detention only if satisfied the person’s continued detention is not reasonably necessary to effectively respond to the declared public health emergency; and\n- (d) may not order the applicant to pay the respondent’s costs of the application; and\n- (e) may refuse to consider the application until the applicant gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires. Example for paragraph (e) — The magistrate may require additional information supporting the application be given by statutory declaration.","sortOrder":621},{"sectionNumber":"sec.362","sectionType":"section","heading":"Appeal","content":"### sec.362 Appeal\n\nThe emergency officer (medical) or the chief executive or the person detained may appeal to the District Court against a decision of the magistrate on an application for an order ending a person’s detention.\nIf the emergency officer (medical) or the chief executive is the appellant, the decision appealed against is stayed on the filing of the notice of appeal and the detention order continues.\nThe District Court must hear and decide the appeal without delay.\nIf the emergency officer (medical) or the chief executive is the appellant, the District Court may make an order—\nallowing the appeal; or\nconfirming the decision appealed against and dismissing the appeal.\nIf the person detained is the appellant, the District Court may make an order—\nending the detention order; or\nconfirming the decision appealed against and dismissing the appeal.\nThe District Court may make the other orders the court considers appropriate.\nHowever, the District Court may not order a party other than the chief executive to pay the costs of the appeal.\n(sec.362-ssec.1) The emergency officer (medical) or the chief executive or the person detained may appeal to the District Court against a decision of the magistrate on an application for an order ending a person’s detention.\n(sec.362-ssec.2) If the emergency officer (medical) or the chief executive is the appellant, the decision appealed against is stayed on the filing of the notice of appeal and the detention order continues.\n(sec.362-ssec.3) The District Court must hear and decide the appeal without delay.\n(sec.362-ssec.4) If the emergency officer (medical) or the chief executive is the appellant, the District Court may make an order— allowing the appeal; or confirming the decision appealed against and dismissing the appeal.\n(sec.362-ssec.5) If the person detained is the appellant, the District Court may make an order— ending the detention order; or confirming the decision appealed against and dismissing the appeal.\n(sec.362-ssec.6) The District Court may make the other orders the court considers appropriate.\n(sec.362-ssec.7) However, the District Court may not order a party other than the chief executive to pay the costs of the appeal.\n- (a) allowing the appeal; or\n- (b) confirming the decision appealed against and dismissing the appeal.\n- (a) ending the detention order; or\n- (b) confirming the decision appealed against and dismissing the appeal.","sortOrder":622},{"sectionNumber":"ch.8-pt.7A","sectionType":"part","heading":null,"content":"","sortOrder":623},{"sectionNumber":"ch.8-pt.7A-div.1","sectionType":"division","heading":null,"content":"","sortOrder":624},{"sectionNumber":"sec.362A","sectionType":"section","heading":null,"content":"### Section sec.362A\n\ns 362A ins 2020 No. 11 s 36\nsub 2021 No. 16 s 30A\nexp 31 October 2022 the COVID-19 public health legislation expiry day (see s 362MAJ)","sortOrder":625},{"sectionNumber":"ch.8-pt.7A-div.2","sectionType":"division","heading":null,"content":"","sortOrder":626},{"sectionNumber":"sec.362B","sectionType":"section","heading":null,"content":"### Section sec.362B\n\ns 362B ins 2020 No. 11 s 36\nexp 31 October 2022 the COVID-19 public health legislation expiry day (see s 362MAJ)","sortOrder":627},{"sectionNumber":"sec.362C","sectionType":"section","heading":null,"content":"### Section sec.362C\n\ns 362C ins 2020 No. 11 s 36\namd 2020 No. 16 s 62\nexp 31 October 2022 the COVID-19 public health legislation expiry day (see s 362MAJ)","sortOrder":628},{"sectionNumber":"sec.362D","sectionType":"section","heading":null,"content":"### Section sec.362D\n\ns 362D ins 2020 No. 11 s 36\namd 2020 No. 23 s 55X\nexp 31 October 2022 the COVID-19 public health legislation expiry day (see s 362MAJ)","sortOrder":629},{"sectionNumber":"sec.362E","sectionType":"section","heading":null,"content":"### Section sec.362E\n\ns 362E ins 2020 No. 11 s 36\nexp 31 October 2022 the COVID-19 public health legislation expiry day (see s 362MAJ)","sortOrder":630},{"sectionNumber":"sec.362F","sectionType":"section","heading":null,"content":"### Section sec.362F\n\ns 362F ins 2020 No. 11 s 36\nexp 31 October 2022 the COVID-19 public health legislation expiry day (see s 362MAJ)","sortOrder":631},{"sectionNumber":"sec.362FA","sectionType":"section","heading":null,"content":"### Section sec.362FA\n\ns 362FA ins 2020 No. 23 s 55Y\namd 2021 No. 16 s 30B\nexp 31 October 2022 the COVID-19 public health legislation expiry day (see s 362MAJ)\namd 2022 No. 34 s 365 sch 3 (amdt could not be given effect)","sortOrder":632},{"sectionNumber":"ch.8-pt.7A-div.3","sectionType":"division","heading":null,"content":"","sortOrder":633},{"sectionNumber":"sec.362G","sectionType":"section","heading":null,"content":"### Section sec.362G\n\ns 362G ins 2020 No. 11 s 36\nexp 31 October 2022 the COVID-19 public health legislation expiry day (see s 362MAJ)","sortOrder":634},{"sectionNumber":"sec.362H","sectionType":"section","heading":null,"content":"### Section sec.362H\n\ns 362H ins 2020 No. 11 s 36\namd 2020 No. 16 s 63\nexp 31 October 2022 the COVID-19 public health legislation expiry day (see s 362MAJ)","sortOrder":635},{"sectionNumber":"sec.362HA","sectionType":"section","heading":null,"content":"### Section sec.362HA\n\ns 362HA ins 2021 No. 16 s 31\nexp 31 October 2022 the COVID-19 public health legislation expiry day (see s 362MAJ)","sortOrder":636},{"sectionNumber":"sec.362I","sectionType":"section","heading":null,"content":"### Section sec.362I\n\ns 362I ins 2020 No. 11 s 36\nexp 31 October 2022 the COVID-19 public health legislation expiry day (see s 362MAJ)","sortOrder":637},{"sectionNumber":"sec.362J","sectionType":"section","heading":null,"content":"### Section sec.362J\n\ns 362J ins 2020 No. 11 s 36\nexp 31 October 2022 the COVID-19 public health legislation expiry day (see s 362MAJ)","sortOrder":638},{"sectionNumber":"sec.362K","sectionType":"section","heading":null,"content":"### Section sec.362K\n\ns 362K ins 2020 No. 11 s 36\nexp 31 October 2022 the COVID-19 public health legislation expiry day (see s 362MAJ)","sortOrder":639},{"sectionNumber":"ch.8-pt.7A-div.4","sectionType":"division","heading":null,"content":"","sortOrder":640},{"sectionNumber":"sec.362L","sectionType":"section","heading":null,"content":"### Section sec.362L\n\ns 362L ins 2020 No. 11 s 36\nexp 31 October 2022 the COVID-19 public health legislation expiry day (see s 362MAJ)","sortOrder":641},{"sectionNumber":"ch.8-pt.7A-div.5","sectionType":"division","heading":null,"content":"","sortOrder":642},{"sectionNumber":"sec.362M","sectionType":"section","heading":null,"content":"### Section sec.362M\n\ns 362M ins 2020 No. 11 s 36\nexp 31 October 2022 the COVID-19 public health legislation expiry day (see s 362MAJ)","sortOrder":643},{"sectionNumber":"ch.8-pt.7A-div.6","sectionType":"division","heading":null,"content":"","sortOrder":644},{"sectionNumber":"sec.362MAA","sectionType":"section","heading":null,"content":"### Section sec.362MAA\n\ns 362MAA ins 2021 No. 16 s 31A\nexp 31 October 2022 the COVID-19 public health legislation expiry day (see s 362MAJ)","sortOrder":645},{"sectionNumber":"sec.362MAB","sectionType":"section","heading":null,"content":"### Section sec.362MAB\n\ns 362MAB ins 2021 No. 16 s 31A\nexp 31 October 2022 the COVID-19 public health legislation expiry day (see s 362MAJ)","sortOrder":646},{"sectionNumber":"sec.362MAC","sectionType":"section","heading":null,"content":"### Section sec.362MAC\n\ns 362MAC ins 2021 No. 16 s 31A\nexp 31 October 2022 the COVID-19 public health legislation expiry day (see s 362MAJ)","sortOrder":647},{"sectionNumber":"sec.362MAD","sectionType":"section","heading":null,"content":"### Section sec.362MAD\n\ns 362MAD ins 2021 No. 16 s 31A\nexp 31 October 2022 the COVID-19 public health legislation expiry day (see s 362MAJ)","sortOrder":648},{"sectionNumber":"sec.362MAE","sectionType":"section","heading":null,"content":"### Section sec.362MAE\n\ns 362MAE ins 2021 No. 16 s 31A\nexp 31 October 2022 the COVID-19 public health legislation expiry day (see s 362MAJ)","sortOrder":649},{"sectionNumber":"sec.362MAF","sectionType":"section","heading":null,"content":"### Section sec.362MAF\n\ns 362MAF ins 2021 No. 16 s 31A\nexp 31 October 2022 the COVID-19 public health legislation expiry day (see s 362MAJ)","sortOrder":650},{"sectionNumber":"sec.362MAG","sectionType":"section","heading":null,"content":"### Section sec.362MAG\n\ns 362MAG ins 2021 No. 16 s 31A\nexp 31 October 2022 the COVID-19 public health legislation expiry day (see s 362MAJ)","sortOrder":651},{"sectionNumber":"sec.362MAH","sectionType":"section","heading":null,"content":"### Section sec.362MAH\n\ns 362MAH ins 2021 No. 16 s 31A\nexp 31 October 2022 the COVID-19 public health legislation expiry day (see s 362MAJ)","sortOrder":652},{"sectionNumber":"sec.362MAI","sectionType":"section","heading":null,"content":"### Section sec.362MAI\n\ns 362MAI ins 2021 No. 16 s 31A\nexp 31 October 2022 the COVID-19 public health legislation expiry day (see s 362MAJ)","sortOrder":653},{"sectionNumber":"ch.8-pt.7A-div.7","sectionType":"division","heading":null,"content":"","sortOrder":654},{"sectionNumber":"sec.362MAJ","sectionType":"section","heading":null,"content":"### Section sec.362MAJ\n\ns 362MAJ ins 2022 No. 6 s 26\nexp 31 October 2022 the COVID-19 public health legislation expiry day (see s 362MAJ)","sortOrder":655},{"sectionNumber":"ch.8-pt.7AA","sectionType":"part","heading":null,"content":"","sortOrder":656},{"sectionNumber":"ch.8-pt.7AA-div.1","sectionType":"division","heading":null,"content":"","sortOrder":657},{"sectionNumber":"sec.362MA","sectionType":"section","heading":null,"content":"### Section sec.362MA\n\ns 362MA ins 2020 No. 19 s 141\nexp 31 October 2022 the COVID-19 public health legislation expiry day (see s 362MP)","sortOrder":658},{"sectionNumber":"sec.362MB","sectionType":"section","heading":null,"content":"### Section sec.362MB\n\ns 362MB ins 2020 No. 19 s 141\namd 2021 No. 16 s 38\nexp 31 October 2022 the COVID-19 public health legislation expiry day (see s 362MP)","sortOrder":659},{"sectionNumber":"ch.8-pt.7AA-div.2","sectionType":"division","heading":null,"content":"","sortOrder":660},{"sectionNumber":"sec.362MC","sectionType":"section","heading":null,"content":"### Section sec.362MC\n\ns 362MC ins 2020 No. 19 s 141\namd 2021 No. 16 s 40\nexp 31 October 2022 the COVID-19 public health legislation expiry day (see s 362MP)","sortOrder":661},{"sectionNumber":"sec.362MD","sectionType":"section","heading":null,"content":"### Section sec.362MD\n\ns 362MD ins 2020 No. 19 s 141\namd 2021 No. 16 s 41\nexp 31 October 2022 the COVID-19 public health legislation expiry day (see s 362MP)","sortOrder":662},{"sectionNumber":"sec.362ME","sectionType":"section","heading":null,"content":"### Section sec.362ME\n\ns 362ME ins 2020 No. 19 s 141\nsub 2021 No. 16 s 43\nexp 31 October 2022 the COVID-19 public health legislation expiry day (see s 362MP)","sortOrder":663},{"sectionNumber":"sec.362MF","sectionType":"section","heading":null,"content":"### Section sec.362MF\n\ns 362MF ins 2020 No. 19 s 141\nsub 2021 No. 16 s 43\nexp 31 October 2022 the COVID-19 public health legislation expiry day (see s 362MP)","sortOrder":664},{"sectionNumber":"sec.362MG","sectionType":"section","heading":null,"content":"### Section sec.362MG\n\ns 362MG ins 2021 No. 16 s 43\nexp 31 October 2022 the COVID-19 public health legislation expiry day (see s 362MP)","sortOrder":665},{"sectionNumber":"ch.8-pt.7AA-div.3","sectionType":"division","heading":null,"content":"","sortOrder":666},{"sectionNumber":"sec.362MH","sectionType":"section","heading":null,"content":"### Section sec.362MH\n\ns 362MH ins 2021 No. 16 s 43\nexp 31 October 2022 the COVID-19 public health legislation expiry day (see s 362MP)","sortOrder":667},{"sectionNumber":"sec.362MI","sectionType":"section","heading":null,"content":"### Section sec.362MI\n\ns 362MI ins 2021 No. 16 s 43\nexp 31 October 2022 the COVID-19 public health legislation expiry day (see s 362MP)","sortOrder":668},{"sectionNumber":"sec.362MJ","sectionType":"section","heading":null,"content":"### Section sec.362MJ\n\ns 362MJ ins 2021 No. 16 s 43\nexp 31 October 2022 the COVID-19 public health legislation expiry day (see s 362MP)","sortOrder":669},{"sectionNumber":"sec.362MK","sectionType":"section","heading":null,"content":"### Section sec.362MK\n\ns 362MK ins 2021 No. 16 s 43\nexp 31 October 2022 the COVID-19 public health legislation expiry day (see s 362MP)","sortOrder":670},{"sectionNumber":"ch.8-pt.7AA-div.4","sectionType":"division","heading":null,"content":"","sortOrder":671},{"sectionNumber":"sec.362ML","sectionType":"section","heading":null,"content":"### Section sec.362ML\n\ns 362ML ins 2021 No. 16 s 43\nexp 31 October 2022 the COVID-19 public health legislation expiry day (see s 362MP)","sortOrder":672},{"sectionNumber":"sec.362MM","sectionType":"section","heading":null,"content":"### Section sec.362MM\n\ns 362MM ins 2021 No. 16 s 43\nexp 31 October 2022 the COVID-19 public health legislation expiry day (see s 362MP)","sortOrder":673},{"sectionNumber":"ch.8-pt.7AA-div.5","sectionType":"division","heading":null,"content":"","sortOrder":674},{"sectionNumber":"sec.362MN","sectionType":"section","heading":null,"content":"### Section sec.362MN\n\ns 362MN ins 2021 No. 16 s 43\nexp 31 October 2022 the COVID-19 public health legislation expiry day (see s 362MP)","sortOrder":675},{"sectionNumber":"sec.362MO","sectionType":"section","heading":null,"content":"### Section sec.362MO\n\ns 362MO ins 2021 No. 16 s 43\nexp 31 October 2022 the COVID-19 public health legislation expiry day (see s 362MP)","sortOrder":676},{"sectionNumber":"ch.8-pt.7AA-div.6","sectionType":"division","heading":null,"content":"","sortOrder":677},{"sectionNumber":"sec.362MP","sectionType":"section","heading":null,"content":"### Section sec.362MP\n\ns 362MP (prev s 362MG) ins 2020 No. 19 s 141\namd 2021 No. 3 s 11 ; 2021 No. 16 s 32 ; 2022 No. 6 s 27\nrenum 2021 No. 16 s 42\nexp 31 October 2022 the COVID-19 public health legislation expiry day (see s 362MP)","sortOrder":678},{"sectionNumber":"ch.8-pt.7B","sectionType":"part","heading":null,"content":"","sortOrder":679},{"sectionNumber":"sec.362N","sectionType":"section","heading":null,"content":"### Section sec.362N\n\ns 362N ins 2020 No. 16 s 64\nexp 31 October 2022 the COVID-19 public health legislation expiry day (see s 362Q)","sortOrder":680},{"sectionNumber":"sec.362O","sectionType":"section","heading":null,"content":"### Section sec.362O\n\ns 362O ins 2020 No. 16 s 64\nexp 31 October 2022 the COVID-19 public health legislation expiry day (see s 362Q)\namd 2022 No. 34 s 365 sch 3 (amdt could not be given effect)","sortOrder":681},{"sectionNumber":"sec.362P","sectionType":"section","heading":null,"content":"### Section sec.362P\n\ns 362P ins 2020 No. 16 s 64\nexp 31 October 2022 the COVID-19 public health legislation expiry day (see s 362Q)\namd 2022 No. 34 s 365 sch 3 (amdt could not be given effect)","sortOrder":682},{"sectionNumber":"sec.362Q","sectionType":"section","heading":null,"content":"### Section sec.362Q\n\ns 362Q ins 2020 No. 16 s 64\namd 2020 No. 38 s 37 (1) ; 2021 No. 3 s 12 ; 2021 No. 16 s 33 ; 2022 No. 6 s 28\nexp 31 October 2022 the COVID-19 public health legislation expiry day (see s 362Q)","sortOrder":683},{"sectionNumber":"ch.8-pt.8","sectionType":"part","heading":"General enforcement matters","content":"# General enforcement matters","sortOrder":684},{"sectionNumber":"sec.363","sectionType":"section","heading":"False or misleading statements","content":"### sec.363 False or misleading statements\n\nA person must not state anything to an emergency officer the person knows is false or misleading in a material particular.\nMaximum penalty—100 penalty units.","sortOrder":685},{"sectionNumber":"sec.364","sectionType":"section","heading":"False or misleading documents","content":"### sec.364 False or misleading documents\n\nA person must not give an emergency officer a document containing information the person knows is false or misleading in a material particular.\nMaximum penalty—100 penalty units.\nSubsection (1) does not apply to a person if the person, when giving the document—\ntells the emergency officer, to the best of the person’s ability, how it is false or misleading; and\nif the person has, or can reasonably obtain, the correct information—gives the correct information.\n(sec.364-ssec.1) A person must not give an emergency officer a document containing information the person knows is false or misleading in a material particular. Maximum penalty—100 penalty units.\n(sec.364-ssec.2) Subsection (1) does not apply to a person if the person, when giving the document— tells the emergency officer, to the best of the person’s ability, how it is false or misleading; and if the person has, or can reasonably obtain, the correct information—gives the correct information.\n- (a) tells the emergency officer, to the best of the person’s ability, how it is false or misleading; and\n- (b) if the person has, or can reasonably obtain, the correct information—gives the correct information.","sortOrder":686},{"sectionNumber":"sec.365","sectionType":"section","heading":"Obstructing emergency officers","content":"### sec.365 Obstructing emergency officers\n\nA person must not obstruct an emergency officer in the performance of a power, unless the person has a reasonable excuse.\nMaximum penalty—200 penalty units.\nIf a person has obstructed an emergency officer and the emergency officer decides to proceed with the exercise of the power, the emergency officer must warn the person that—\nit is an offence to obstruct the emergency officer unless the person has a reasonable excuse; and\nthe emergency officer considers the person’s conduct an obstruction.\n(sec.365-ssec.1) A person must not obstruct an emergency officer in the performance of a power, unless the person has a reasonable excuse. Maximum penalty—200 penalty units.\n(sec.365-ssec.2) If a person has obstructed an emergency officer and the emergency officer decides to proceed with the exercise of the power, the emergency officer must warn the person that— it is an offence to obstruct the emergency officer unless the person has a reasonable excuse; and the emergency officer considers the person’s conduct an obstruction.\n- (a) it is an offence to obstruct the emergency officer unless the person has a reasonable excuse; and\n- (b) the emergency officer considers the person’s conduct an obstruction.","sortOrder":687},{"sectionNumber":"ch.8-pt.9","sectionType":"part","heading":"Compensation","content":"# Compensation","sortOrder":688},{"sectionNumber":"sec.366","sectionType":"section","heading":"Entitlement to compensation","content":"### sec.366 Entitlement to compensation\n\nSubject to this part, a person who suffers loss or damage because of the exercise, or purported exercise, of a power under part 6 or 7 is entitled to be paid just and reasonable compensation for the loss or damage.\nHowever, the person is not entitled to be paid any compensation for the loss or damage if the power was exercised, or purportedly exercised, in relation to the COVID-19 emergency.\ns 366 amd 2020 No. 11 s 37\n(sec.366-ssec.1) Subject to this part, a person who suffers loss or damage because of the exercise, or purported exercise, of a power under part 6 or 7 is entitled to be paid just and reasonable compensation for the loss or damage.\n(sec.366-ssec.2) However, the person is not entitled to be paid any compensation for the loss or damage if the power was exercised, or purportedly exercised, in relation to the COVID-19 emergency.","sortOrder":689},{"sectionNumber":"sec.367","sectionType":"section","heading":"When compensation is not payable","content":"### sec.367 When compensation is not payable\n\nCompensation under this part is not payable to the person for loss or damage to the extent that—\nan amount for the loss or damage is recovered or recoverable by the person under a policy of insurance; or\nthe conduct of the person contributed to the loss or damage.\nAlso, compensation is not payable to the person for loss or damage if the loss or damage would have happened in any event irrespective of the exercise, or purported exercise, of the power.\n(sec.367-ssec.1) Compensation under this part is not payable to the person for loss or damage to the extent that— an amount for the loss or damage is recovered or recoverable by the person under a policy of insurance; or the conduct of the person contributed to the loss or damage.\n(sec.367-ssec.2) Also, compensation is not payable to the person for loss or damage if the loss or damage would have happened in any event irrespective of the exercise, or purported exercise, of the power.\n- (a) an amount for the loss or damage is recovered or recoverable by the person under a policy of insurance; or\n- (b) the conduct of the person contributed to the loss or damage.","sortOrder":690},{"sectionNumber":"sec.368","sectionType":"section","heading":"Applying for compensation","content":"### sec.368 Applying for compensation\n\nA person who suffers loss or damage because of the exercise, or purported exercise, of a power under part 6 or 7 may apply to the chief executive for compensation for the loss or damage.\nThe application must be made in writing within 90 days after the person suffers the loss or damage.\nThe application must state—\ndetails of the person’s loss or damage; and\nthe amount of compensation claimed and the grounds for the amount claimed.\nThe applicant also must provide any other relevant information reasonably required by the chief executive to decide the application.\nDespite subsection (2) , the chief executive may accept a person’s application for compensation made more than 90 days after the person suffers the loss or damage if the chief executive is satisfied it would be reasonable in all the circumstances to accept the application.\n(sec.368-ssec.1) A person who suffers loss or damage because of the exercise, or purported exercise, of a power under part 6 or 7 may apply to the chief executive for compensation for the loss or damage.\n(sec.368-ssec.2) The application must be made in writing within 90 days after the person suffers the loss or damage.\n(sec.368-ssec.3) The application must state— details of the person’s loss or damage; and the amount of compensation claimed and the grounds for the amount claimed.\n(sec.368-ssec.4) The applicant also must provide any other relevant information reasonably required by the chief executive to decide the application.\n(sec.368-ssec.5) Despite subsection (2) , the chief executive may accept a person’s application for compensation made more than 90 days after the person suffers the loss or damage if the chief executive is satisfied it would be reasonable in all the circumstances to accept the application.\n- (a) details of the person’s loss or damage; and\n- (b) the amount of compensation claimed and the grounds for the amount claimed.","sortOrder":691},{"sectionNumber":"sec.369","sectionType":"section","heading":"Lapsing of application","content":"### sec.369 Lapsing of application\n\nIf an application for compensation is made under this part, the chief executive may make a requirement under section 368 (4) for information to decide the application by giving the applicant a notice stating—\nthe required information; and\nthe time by which the information must be given to the chief executive; and\nthat, if the information is not given to the chief executive by the stated time, the application will lapse.\nThe stated time must be reasonable and, in any case, at least 21 days after the requirement is made.\nThe chief executive may give the applicant a further notice extending or further extending the time if the chief executive is satisfied it would be reasonable in all the circumstances to give the extension.\nA notice may be given under subsection (3) even if the time to which it relates has lapsed.\nIf the applicant does not comply with the requirement within the stated time, or any extension, the application lapses.\n(sec.369-ssec.1) If an application for compensation is made under this part, the chief executive may make a requirement under section 368 (4) for information to decide the application by giving the applicant a notice stating— the required information; and the time by which the information must be given to the chief executive; and that, if the information is not given to the chief executive by the stated time, the application will lapse.\n(sec.369-ssec.2) The stated time must be reasonable and, in any case, at least 21 days after the requirement is made.\n(sec.369-ssec.3) The chief executive may give the applicant a further notice extending or further extending the time if the chief executive is satisfied it would be reasonable in all the circumstances to give the extension.\n(sec.369-ssec.4) A notice may be given under subsection (3) even if the time to which it relates has lapsed.\n(sec.369-ssec.5) If the applicant does not comply with the requirement within the stated time, or any extension, the application lapses.\n- (a) the required information; and\n- (b) the time by which the information must be given to the chief executive; and\n- (c) that, if the information is not given to the chief executive by the stated time, the application will lapse.","sortOrder":692},{"sectionNumber":"sec.370","sectionType":"section","heading":"Deciding application","content":"### sec.370 Deciding application\n\nThe chief executive must consider and decide an accepted application within 60 days after the last of the following to happen—\nthe chief executive receives the application;\nthe chief executive receives all necessary information to decide the application.\nIf the chief executive has not decided an accepted application within the period stated in subsection (1) for the application, the chief executive is taken to have refused to pay compensation.\nIn this section—\naccepted application means an application made under section 368 (2) or an application the chief executive accepts under section 368 (5) .\n(sec.370-ssec.1) The chief executive must consider and decide an accepted application within 60 days after the last of the following to happen— the chief executive receives the application; the chief executive receives all necessary information to decide the application.\n(sec.370-ssec.2) If the chief executive has not decided an accepted application within the period stated in subsection (1) for the application, the chief executive is taken to have refused to pay compensation.\n(sec.370-ssec.3) In this section— accepted application means an application made under section 368 (2) or an application the chief executive accepts under section 368 (5) .\n- (a) the chief executive receives the application;\n- (b) the chief executive receives all necessary information to decide the application.","sortOrder":693},{"sectionNumber":"sec.371","sectionType":"section","heading":"Notice about decision","content":"### sec.371 Notice about decision\n\nAs soon as practicable after deciding the application, the chief executive must give the applicant a notice that—\nfor a decision by the chief executive to pay the amount of compensation applied for—states the decision and the reasons for it, including details of the amount of compensation to be paid and how the amount was assessed; or\nfor a decision by the chief executive to pay compensation in an amount less than the amount applied for, or to not pay compensation—complies with the QCAT Act , section 157 (2) for the decision.\ns 371 sub 2009 No. 24 s 1227\n- (a) for a decision by the chief executive to pay the amount of compensation applied for—states the decision and the reasons for it, including details of the amount of compensation to be paid and how the amount was assessed; or\n- (b) for a decision by the chief executive to pay compensation in an amount less than the amount applied for, or to not pay compensation—complies with the QCAT Act , section 157 (2) for the decision.","sortOrder":694},{"sectionNumber":"sec.372","sectionType":"section","heading":"Review of decision","content":"### sec.372 Review of decision\n\nAn applicant for the payment of compensation under this part who is dissatisfied with the chief executive’s decision to refuse to pay compensation or about the amount of compensation to be paid may apply, as provided under the QCAT Act , to QCAT for a review of the decision.\ns 372 sub 2009 No. 24 s 1228","sortOrder":695},{"sectionNumber":"sec.373","sectionType":"section","heading":null,"content":"### Section sec.373\n\ns 373 om 2009 No. 24 s 1229","sortOrder":696},{"sectionNumber":"sec.374","sectionType":"section","heading":null,"content":"### Section sec.374\n\ns 374 om 2009 No. 24 s 1229","sortOrder":697},{"sectionNumber":"sec.375","sectionType":"section","heading":null,"content":"### Section sec.375\n\ns 375 om 2009 No. 24 s 1229","sortOrder":698},{"sectionNumber":"ch.9-pt.1","sectionType":"part","heading":"Authorised persons","content":"# Authorised persons","sortOrder":699},{"sectionNumber":"sec.376","sectionType":"section","heading":"Powers generally","content":"### sec.376 Powers generally\n\nAn authorised person has the powers given under this Act.\nIn exercising the powers an authorised person is subject to the directions of the administering executive.\nIf the authorised person is appointed by 2 or more chief executive officers, the authorised person is subject to the directions of the chief executive officer of the local government for the area in which the authorised person is exercising the powers.\n(sec.376-ssec.1) An authorised person has the powers given under this Act.\n(sec.376-ssec.2) In exercising the powers an authorised person is subject to the directions of the administering executive.\n(sec.376-ssec.3) If the authorised person is appointed by 2 or more chief executive officers, the authorised person is subject to the directions of the chief executive officer of the local government for the area in which the authorised person is exercising the powers.","sortOrder":700},{"sectionNumber":"sec.377","sectionType":"section","heading":"Appointment","content":"### sec.377 Appointment\n\nThe chief executive may appoint any of the following persons as an authorised person—\na public service officer or public service employee;\na health service employee;\na person prescribed under a regulation.\nThe chief executive officer of a local government may appoint any of the following persons as an authorised person for the local government and its area—\nan employee of the local government;\nif the chief executive officer of another local government agrees—an employee of the other local government;\nanother person under contract to the local government.\nThe chief executive officers of 2 or more local governments may appoint an employee of, or another person under contract to, one of the local governments to be an authorised person for the local governments’ areas.\nA person may be appointed for the Act generally, for stated provisions of the Act or for stated public health risks.\ns 377 amd 2022 No. 34 s 365 sch 3\n(sec.377-ssec.1) The chief executive may appoint any of the following persons as an authorised person— a public service officer or public service employee; a health service employee; a person prescribed under a regulation.\n(sec.377-ssec.2) The chief executive officer of a local government may appoint any of the following persons as an authorised person for the local government and its area— an employee of the local government; if the chief executive officer of another local government agrees—an employee of the other local government; another person under contract to the local government.\n(sec.377-ssec.3) The chief executive officers of 2 or more local governments may appoint an employee of, or another person under contract to, one of the local governments to be an authorised person for the local governments’ areas.\n(sec.377-ssec.4) A person may be appointed for the Act generally, for stated provisions of the Act or for stated public health risks.\n- (a) a public service officer or public service employee;\n- (b) a health service employee;\n- (c) a person prescribed under a regulation.\n- (a) an employee of the local government;\n- (b) if the chief executive officer of another local government agrees—an employee of the other local government;\n- (c) another person under contract to the local government.","sortOrder":701},{"sectionNumber":"sec.378","sectionType":"section","heading":"Qualifications for appointment","content":"### sec.378 Qualifications for appointment\n\nThe administering executive may appoint a person as an authorised person only if—\nthe administering executive is satisfied the person is qualified for appointment because the person has the necessary expertise or experience; and\nthe person has the competencies, if any, prescribed under a regulation as relevant to the person’s appointment.\n- (a) the administering executive is satisfied the person is qualified for appointment because the person has the necessary expertise or experience; and\n- (b) the person has the competencies, if any, prescribed under a regulation as relevant to the person’s appointment.","sortOrder":702},{"sectionNumber":"sec.379","sectionType":"section","heading":"Appointment conditions and limit on powers","content":"### sec.379 Appointment conditions and limit on powers\n\nAn authorised person holds office on the conditions stated in—\nthe authorised person’s instrument of appointment; or\na signed notice given to the authorised person; or\na regulation.\nThe instrument of appointment, a signed notice given to an authorised person or a regulation may limit the authorised person’s powers under this Act.\nIn this section—\nsigned notice means a notice signed by the administering executive.\n(sec.379-ssec.1) An authorised person holds office on the conditions stated in— the authorised person’s instrument of appointment; or a signed notice given to the authorised person; or a regulation.\n(sec.379-ssec.2) The instrument of appointment, a signed notice given to an authorised person or a regulation may limit the authorised person’s powers under this Act.\n(sec.379-ssec.3) In this section— signed notice means a notice signed by the administering executive.\n- (a) the authorised person’s instrument of appointment; or\n- (b) a signed notice given to the authorised person; or\n- (c) a regulation.","sortOrder":703},{"sectionNumber":"sec.380","sectionType":"section","heading":"Issue of identity card","content":"### sec.380 Issue of identity card\n\nThe administering executive must issue an identity card to each authorised person.\nThe identity card must—\ncontain a recent photo of the authorised person; and\ncontain a copy of the authorised person’s signature; and\nidentify the person as an authorised person under this Act; and\nstate an expiry date for the card.\nThis section does not prevent the issue of a single identity card to a person for this Act and other purposes.\n(sec.380-ssec.1) The administering executive must issue an identity card to each authorised person.\n(sec.380-ssec.2) The identity card must— contain a recent photo of the authorised person; and contain a copy of the authorised person’s signature; and identify the person as an authorised person under this Act; and state an expiry date for the card.\n(sec.380-ssec.3) This section does not prevent the issue of a single identity card to a person for this Act and other purposes.\n- (a) contain a recent photo of the authorised person; and\n- (b) contain a copy of the authorised person’s signature; and\n- (c) identify the person as an authorised person under this Act; and\n- (d) state an expiry date for the card.","sortOrder":704},{"sectionNumber":"sec.381","sectionType":"section","heading":"Production or display of identity card","content":"### sec.381 Production or display of identity card\n\nIn exercising a power under this Act in relation to another person, an authorised person must—\nproduce the authorised person’s identity card for the other person’s inspection before exercising the power; or\nhave the identity card displayed so it is clearly visible to the other person when exercising the power.\nHowever, if it is not practicable to comply with subsection (1) , the authorised person must produce the identity card for the other person’s inspection at the first reasonable opportunity.\nFor subsection (1) , an authorised person does not exercise a power in relation to another person only because the authorised person has entered a place as mentioned in section 385 (1) (b) or (2) .\n(sec.381-ssec.1) In exercising a power under this Act in relation to another person, an authorised person must— produce the authorised person’s identity card for the other person’s inspection before exercising the power; or have the identity card displayed so it is clearly visible to the other person when exercising the power.\n(sec.381-ssec.2) However, if it is not practicable to comply with subsection (1) , the authorised person must produce the identity card for the other person’s inspection at the first reasonable opportunity.\n(sec.381-ssec.3) For subsection (1) , an authorised person does not exercise a power in relation to another person only because the authorised person has entered a place as mentioned in section 385 (1) (b) or (2) .\n- (a) produce the authorised person’s identity card for the other person’s inspection before exercising the power; or\n- (b) have the identity card displayed so it is clearly visible to the other person when exercising the power.","sortOrder":705},{"sectionNumber":"sec.382","sectionType":"section","heading":"When authorised person ceases to hold office","content":"### sec.382 When authorised person ceases to hold office\n\nAn authorised person ceases to hold office if any of the following happens—\nthe term of office stated in a condition of office ends;\nunder another condition of office, the authorised person ceases to hold office;\nthe authorised person’s resignation under section 383 takes effect.\nSubsection (1) does not limit the ways an authorised person may cease to hold office.\nIn this section—\ncondition of office means a condition on which the authorised person holds office.\n(sec.382-ssec.1) An authorised person ceases to hold office if any of the following happens— the term of office stated in a condition of office ends; under another condition of office, the authorised person ceases to hold office; the authorised person’s resignation under section 383 takes effect.\n(sec.382-ssec.2) Subsection (1) does not limit the ways an authorised person may cease to hold office.\n(sec.382-ssec.3) In this section— condition of office means a condition on which the authorised person holds office.\n- (a) the term of office stated in a condition of office ends;\n- (b) under another condition of office, the authorised person ceases to hold office;\n- (c) the authorised person’s resignation under section 383 takes effect.","sortOrder":706},{"sectionNumber":"sec.383","sectionType":"section","heading":"Resignation","content":"### sec.383 Resignation\n\nAn authorised person may resign by signed notice given to the administering executive.","sortOrder":707},{"sectionNumber":"sec.384","sectionType":"section","heading":"Return of identity card","content":"### sec.384 Return of identity card\n\nA person who ceases to be an authorised person must return the person’s identity card to the administering executive within 21 days after ceasing to be an authorised person unless the person has a reasonable excuse.\nMaximum penalty—20 penalty units.\nFor subsection (1) , for a person appointed under this Act as an authorised person by 2 or more chief executive officers, the identity card must be returned to 1 of the chief executive officers.\n(sec.384-ssec.1) A person who ceases to be an authorised person must return the person’s identity card to the administering executive within 21 days after ceasing to be an authorised person unless the person has a reasonable excuse. Maximum penalty—20 penalty units.\n(sec.384-ssec.2) For subsection (1) , for a person appointed under this Act as an authorised person by 2 or more chief executive officers, the identity card must be returned to 1 of the chief executive officers.","sortOrder":708},{"sectionNumber":"ch.9-pt.2","sectionType":"part","heading":"Powers of authorised persons","content":"# Powers of authorised persons","sortOrder":709},{"sectionNumber":"ch.9-pt.2-div.1","sectionType":"division","heading":"Entry of places","content":"## Entry of places","sortOrder":710},{"sectionNumber":"sec.385","sectionType":"section","heading":"Power to enter places","content":"### sec.385 Power to enter places\n\nAn authorised person may enter a place if—\nan occupier of the place consents to the entry; or\nit is a public place and the entry is made when it is open to the public; or\nthe entry is authorised by a warrant; or\nentry is under section 386 , 387 , 388 , 389 , 389A , 389B , 390 or 390A .\nFor the purpose of asking the occupier of a place for consent to enter, an authorised person may, without the occupier’s consent, an enforcement order or a warrant—\nenter land around premises at the place to an extent that is reasonable to contact the occupier; or\nenter part of the place the authorised person reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the occupier.\nNothing in this part, other than under section 389B , allows entry to a dwelling without the occupier’s consent, an enforcement order or a warrant.\ns 385 amd 2008 No. 57 s 6 ; 2016 No. 33 s 5\n(sec.385-ssec.1) An authorised person may enter a place if— an occupier of the place consents to the entry; or it is a public place and the entry is made when it is open to the public; or the entry is authorised by a warrant; or entry is under section 386 , 387 , 388 , 389 , 389A , 389B , 390 or 390A .\n(sec.385-ssec.2) For the purpose of asking the occupier of a place for consent to enter, an authorised person may, without the occupier’s consent, an enforcement order or a warrant— enter land around premises at the place to an extent that is reasonable to contact the occupier; or enter part of the place the authorised person reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the occupier.\n(sec.385-ssec.3) Nothing in this part, other than under section 389B , allows entry to a dwelling without the occupier’s consent, an enforcement order or a warrant.\n- (a) an occupier of the place consents to the entry; or\n- (b) it is a public place and the entry is made when it is open to the public; or\n- (c) the entry is authorised by a warrant; or\n- (d) entry is under section 386 , 387 , 388 , 389 , 389A , 389B , 390 or 390A .\n- (a) enter land around premises at the place to an extent that is reasonable to contact the occupier; or\n- (b) enter part of the place the authorised person reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the occupier.","sortOrder":711},{"sectionNumber":"sec.386","sectionType":"section","heading":"Power to enter place to ascertain if public health risk","content":"### sec.386 Power to enter place to ascertain if public health risk\n\nThis section applies if an authorised person reasonably believes there may be a public health risk at a place.\nThe authorised person may, at reasonable times, enter the place to find out whether there is a public health risk at the place.\nSubsection (2) does not allow entry to a building or other structure without the occupier’s consent, an enforcement order or a warrant.\nThe procedure for entry under this section is set out under section 392 .\n(sec.386-ssec.1) This section applies if an authorised person reasonably believes there may be a public health risk at a place.\n(sec.386-ssec.2) The authorised person may, at reasonable times, enter the place to find out whether there is a public health risk at the place.\n(sec.386-ssec.3) Subsection (2) does not allow entry to a building or other structure without the occupier’s consent, an enforcement order or a warrant.\n(sec.386-ssec.4) The procedure for entry under this section is set out under section 392 .","sortOrder":712},{"sectionNumber":"sec.387","sectionType":"section","heading":"Power to enter place to check compliance with public health order","content":"### sec.387 Power to enter place to check compliance with public health order\n\nThis section applies if a person has been given a public health order for a public health risk at a place.\nAn authorised person may, at reasonable times, enter the place to check whether the order has been complied with.\nSubsection (2) does not allow entry to a building or other structure without the occupier’s consent, an enforcement order or a warrant.\nThe procedure for entry under this section is set out under section 392 .\n(sec.387-ssec.1) This section applies if a person has been given a public health order for a public health risk at a place.\n(sec.387-ssec.2) An authorised person may, at reasonable times, enter the place to check whether the order has been complied with.\n(sec.387-ssec.3) Subsection (2) does not allow entry to a building or other structure without the occupier’s consent, an enforcement order or a warrant.\n(sec.387-ssec.4) The procedure for entry under this section is set out under section 392 .","sortOrder":713},{"sectionNumber":"sec.388","sectionType":"section","heading":"Power to enter place to take steps if public health order not complied with","content":"### sec.388 Power to enter place to take steps if public health order not complied with\n\nThis section applies if—\na person has been given a public health order for a public health risk at a place; and\nthe public health order requires the person to take steps at the place to remove or reduce the risk to public health from the public health risk, or prevent the risk to public health from recurring; and\nthe person has failed to take the steps as required by the order.\nThe issuing authority by its employees or agents may, at reasonable times, enter the place to take the steps stated in the order.\nSubsection (2) does not allow entry to a building or other structure without the occupier’s consent, an enforcement order or a warrant.\nThe procedure for entry under this section is set out under section 393 .\n(sec.388-ssec.1) This section applies if— a person has been given a public health order for a public health risk at a place; and the public health order requires the person to take steps at the place to remove or reduce the risk to public health from the public health risk, or prevent the risk to public health from recurring; and the person has failed to take the steps as required by the order.\n(sec.388-ssec.2) The issuing authority by its employees or agents may, at reasonable times, enter the place to take the steps stated in the order.\n(sec.388-ssec.3) Subsection (2) does not allow entry to a building or other structure without the occupier’s consent, an enforcement order or a warrant.\n(sec.388-ssec.4) The procedure for entry under this section is set out under section 393 .\n- (a) a person has been given a public health order for a public health risk at a place; and\n- (b) the public health order requires the person to take steps at the place to remove or reduce the risk to public health from the public health risk, or prevent the risk to public health from recurring; and\n- (c) the person has failed to take the steps as required by the order.","sortOrder":714},{"sectionNumber":"sec.388A","sectionType":"section","heading":"Power to enter places to check compliance with improvement notice","content":"### sec.388A Power to enter places to check compliance with improvement notice\n\nThis section applies if a water service provider has been given an improvement notice under section 57A .\nAn authorised person appointed by the chief executive may, at reasonable times, enter a place where the authorised person reasonably believes the contravention of the provision of this Act to which the improvement notice relates is happening or has happened.\nThe authorised person may enter the place under subsection (2) only to check whether the improvement notice has been complied with.\nAlso, subsection (2) does not allow entry to a building or other structure without the occupier’s consent or a warrant.\nThe procedure for entry under this section is set out under section 392 .\ns 388A ins 2008 No. 34 s 654\namd 2017 No. 16 s 12\n(sec.388A-ssec.1) This section applies if a water service provider has been given an improvement notice under section 57A .\n(sec.388A-ssec.2) An authorised person appointed by the chief executive may, at reasonable times, enter a place where the authorised person reasonably believes the contravention of the provision of this Act to which the improvement notice relates is happening or has happened.\n(sec.388A-ssec.3) The authorised person may enter the place under subsection (2) only to check whether the improvement notice has been complied with.\n(sec.388A-ssec.4) Also, subsection (2) does not allow entry to a building or other structure without the occupier’s consent or a warrant.\n(sec.388A-ssec.5) The procedure for entry under this section is set out under section 392 .","sortOrder":715},{"sectionNumber":"sec.389","sectionType":"section","heading":"Power to enter place under approved inspection program","content":"### sec.389 Power to enter place under approved inspection program\n\nThis section applies if there is an approved inspection program for a place.\nAn authorised person may, at reasonable times, enter the place for the inspection program.\nSubsection (2) does not allow entry to a building or other structure without the occupier’s consent.\nThe procedure for entry under this section is set out under section 392 .\n(sec.389-ssec.1) This section applies if there is an approved inspection program for a place.\n(sec.389-ssec.2) An authorised person may, at reasonable times, enter the place for the inspection program.\n(sec.389-ssec.3) Subsection (2) does not allow entry to a building or other structure without the occupier’s consent.\n(sec.389-ssec.4) The procedure for entry under this section is set out under section 392 .","sortOrder":716},{"sectionNumber":"sec.389A","sectionType":"section","heading":"Power to enter a prescribed facility—general","content":"### sec.389A Power to enter a prescribed facility—general\n\nThis section applies if an authorised person intends to enter a prescribed facility, other than a place mentioned in section 389B (2) , for monitoring compliance with the facility’s water risk management plan.\nThe authorised person may enter the prescribed facility if the facility is open for carrying on business or otherwise open for entry.\nHowever, an authorised person may not enter a part of the facility—\nwhere a person is undergoing a procedure conducted by a health practitioner; or\nwhere a person is consulting a health practitioner.\nIn this section—\nprescribed facility see section 61A .\nwater risk management plan see section 61A .\ns 389A ins 2016 No. 33 s 6\n(sec.389A-ssec.1) This section applies if an authorised person intends to enter a prescribed facility, other than a place mentioned in section 389B (2) , for monitoring compliance with the facility’s water risk management plan.\n(sec.389A-ssec.2) The authorised person may enter the prescribed facility if the facility is open for carrying on business or otherwise open for entry.\n(sec.389A-ssec.3) However, an authorised person may not enter a part of the facility— where a person is undergoing a procedure conducted by a health practitioner; or where a person is consulting a health practitioner.\n(sec.389A-ssec.4) In this section— prescribed facility see section 61A . water risk management plan see section 61A .\n- (a) where a person is undergoing a procedure conducted by a health practitioner; or\n- (b) where a person is consulting a health practitioner.","sortOrder":717},{"sectionNumber":"sec.389B","sectionType":"section","heading":"Power to enter dwellings in residential aged care facilities","content":"### sec.389B Power to enter dwellings in residential aged care facilities\n\nThis section applies if—\na person in charge of a residential aged care facility gives the chief executive a notice under section 61H about the residential aged care facility; or\na person gives the chief executive a notice under chapter 3 , part 2 , division 2 that someone else at the residential aged care facility has or had a notifiable condition resulting from Legionella.\nAn authorised person may enter a part of the residential aged care facility that is an occupier’s dwelling for monitoring compliance with the facility’s water risk management plan.\nBefore entering the occupier’s dwelling, the authorised person must do or make a reasonable attempt to do the following things—\nidentify himself or herself to a person who is an occupier of the place and is present by producing the authorised person’s identity card or another document evidencing the authorised person’s appointment;\ntell the person the authorised person is permitted under this section to enter the dwelling;\ngive the person an opportunity to allow the authorised person immediate entry to the place without using force.\nThe authorised person may enter the occupier’s dwelling if the authorised person is accompanied by a person employed at the residential aged care facility to provide residential care to the occupier.\nIn this section—\nLegionella see section 61A .\nresidential aged care facility see section 61A .\nwater risk management plan see section 61A .\ns 389B ins 2016 No. 33 s 6\n(sec.389B-ssec.1) This section applies if— a person in charge of a residential aged care facility gives the chief executive a notice under section 61H about the residential aged care facility; or a person gives the chief executive a notice under chapter 3 , part 2 , division 2 that someone else at the residential aged care facility has or had a notifiable condition resulting from Legionella.\n(sec.389B-ssec.2) An authorised person may enter a part of the residential aged care facility that is an occupier’s dwelling for monitoring compliance with the facility’s water risk management plan.\n(sec.389B-ssec.3) Before entering the occupier’s dwelling, the authorised person must do or make a reasonable attempt to do the following things— identify himself or herself to a person who is an occupier of the place and is present by producing the authorised person’s identity card or another document evidencing the authorised person’s appointment; tell the person the authorised person is permitted under this section to enter the dwelling; give the person an opportunity to allow the authorised person immediate entry to the place without using force.\n(sec.389B-ssec.4) The authorised person may enter the occupier’s dwelling if the authorised person is accompanied by a person employed at the residential aged care facility to provide residential care to the occupier.\n(sec.389B-ssec.5) In this section— Legionella see section 61A . residential aged care facility see section 61A . water risk management plan see section 61A .\n- (a) a person in charge of a residential aged care facility gives the chief executive a notice under section 61H about the residential aged care facility; or\n- (b) a person gives the chief executive a notice under chapter 3 , part 2 , division 2 that someone else at the residential aged care facility has or had a notifiable condition resulting from Legionella.\n- (a) identify himself or herself to a person who is an occupier of the place and is present by producing the authorised person’s identity card or another document evidencing the authorised person’s appointment;\n- (b) tell the person the authorised person is permitted under this section to enter the dwelling;\n- (c) give the person an opportunity to allow the authorised person immediate entry to the place without using force.","sortOrder":718},{"sectionNumber":"sec.390","sectionType":"section","heading":"Power to enter health care facility","content":"### sec.390 Power to enter health care facility\n\nThis section applies if an authorised person intends to enter a health care facility for monitoring compliance with chapter 4 .\nThe authorised person may enter the health care facility if the facility is open for carrying on business or otherwise open for entry.\nThe authorised person must advise the person in charge of the facility about the intended entry at least 24 hours before the entry.\nSubsection (3) does not apply if the authorised person reasonably believes immediate entry is necessary to prevent or minimise an imminent risk of infection to a person at the health care facility.\nHowever, an authorised person may not enter a part of the facility where a person is—\nundergoing a procedure conducted by a health practitioner; or\nconsulting a health practitioner.\ns 390 amd 2017 No. 16 s 13\n(sec.390-ssec.1) This section applies if an authorised person intends to enter a health care facility for monitoring compliance with chapter 4 .\n(sec.390-ssec.2) The authorised person may enter the health care facility if the facility is open for carrying on business or otherwise open for entry.\n(sec.390-ssec.3) The authorised person must advise the person in charge of the facility about the intended entry at least 24 hours before the entry.\n(sec.390-ssec.4) Subsection (3) does not apply if the authorised person reasonably believes immediate entry is necessary to prevent or minimise an imminent risk of infection to a person at the health care facility.\n(sec.390-ssec.5) However, an authorised person may not enter a part of the facility where a person is— undergoing a procedure conducted by a health practitioner; or consulting a health practitioner. s 390 amd 2017 No. 16 s 13\n- (a) undergoing a procedure conducted by a health practitioner; or\n- (b) consulting a health practitioner.","sortOrder":719},{"sectionNumber":"sec.390A","sectionType":"section","heading":"Power to enter place to monitor compliance with ch 5A","content":"### sec.390A Power to enter place to monitor compliance with ch 5A\n\nThis section applies if an authorised person reasonably believes a cosmetic procedure is being, or has been, performed on a child at a place.\nThe authorised person may enter the place to monitor a person’s compliance with chapter 5A if the place is open for carrying on business or otherwise open for entry.\nThe authorised person—\nmust advise the person in charge of the place at least 24 hours before the entry; and\nmust not do anything that adversely affects the privacy of a person undergoing, or waiting to undergo, a cosmetic procedure.\nIn this section—\ncosmetic procedure see section 213A .\ns 390A ins 2008 No. 57 s 7\n(sec.390A-ssec.1) This section applies if an authorised person reasonably believes a cosmetic procedure is being, or has been, performed on a child at a place.\n(sec.390A-ssec.2) The authorised person may enter the place to monitor a person’s compliance with chapter 5A if the place is open for carrying on business or otherwise open for entry.\n(sec.390A-ssec.3) The authorised person— must advise the person in charge of the place at least 24 hours before the entry; and must not do anything that adversely affects the privacy of a person undergoing, or waiting to undergo, a cosmetic procedure.\n(sec.390A-ssec.4) In this section— cosmetic procedure see section 213A .\n- (a) must advise the person in charge of the place at least 24 hours before the entry; and\n- (b) must not do anything that adversely affects the privacy of a person undergoing, or waiting to undergo, a cosmetic procedure.","sortOrder":720},{"sectionNumber":"ch.9-pt.2-div.2","sectionType":"division","heading":"Procedure for entry","content":"## Procedure for entry","sortOrder":721},{"sectionNumber":"sec.391","sectionType":"section","heading":"Entry with consent","content":"### sec.391 Entry with consent\n\nThis section applies if an authorised person intends to ask the occupier of a place to consent to the authorised person or another person entering the place.\nBefore asking for the consent, the authorised person must tell the occupier—\nthe purpose of the entry; and\nthat the occupier is not required to consent.\nIf the consent is given, the authorised person may ask the occupier to sign an acknowledgment of the consent.\nThe acknowledgment must state—\nthat the occupier has been told—\nthe purpose of the entry; and\nthat the occupier is not required to consent; and\nthe purpose of the entry; and\nthat the occupier gives the authorised person consent to enter the place and exercise powers under this chapter; and\nthe time and date the consent was given.\nIf the occupier signs an acknowledgment, the authorised person must immediately give a copy to the occupier.\nIf—\nan issue arises in a proceeding about whether the occupier consented to the entry; and\nan acknowledgment complying with subsection (4) for the entry is not produced in evidence;\nthe onus of proof is on the person relying on the lawfulness of the entry to prove the occupier consented.\n(sec.391-ssec.1) This section applies if an authorised person intends to ask the occupier of a place to consent to the authorised person or another person entering the place.\n(sec.391-ssec.2) Before asking for the consent, the authorised person must tell the occupier— the purpose of the entry; and that the occupier is not required to consent.\n(sec.391-ssec.3) If the consent is given, the authorised person may ask the occupier to sign an acknowledgment of the consent.\n(sec.391-ssec.4) The acknowledgment must state— that the occupier has been told— the purpose of the entry; and that the occupier is not required to consent; and the purpose of the entry; and that the occupier gives the authorised person consent to enter the place and exercise powers under this chapter; and the time and date the consent was given.\n(sec.391-ssec.5) If the occupier signs an acknowledgment, the authorised person must immediately give a copy to the occupier.\n(sec.391-ssec.6) If— an issue arises in a proceeding about whether the occupier consented to the entry; and an acknowledgment complying with subsection (4) for the entry is not produced in evidence; the onus of proof is on the person relying on the lawfulness of the entry to prove the occupier consented.\n- (a) the purpose of the entry; and\n- (b) that the occupier is not required to consent.\n- (a) that the occupier has been told— (i) the purpose of the entry; and (ii) that the occupier is not required to consent; and\n- (i) the purpose of the entry; and\n- (ii) that the occupier is not required to consent; and\n- (b) the purpose of the entry; and\n- (c) that the occupier gives the authorised person consent to enter the place and exercise powers under this chapter; and\n- (d) the time and date the consent was given.\n- (i) the purpose of the entry; and\n- (ii) that the occupier is not required to consent; and\n- (a) an issue arises in a proceeding about whether the occupier consented to the entry; and\n- (b) an acknowledgment complying with subsection (4) for the entry is not produced in evidence;","sortOrder":722},{"sectionNumber":"sec.392","sectionType":"section","heading":"Entry of place under s 386 , 387 , 388A or 389","content":"### sec.392 Entry of place under s 386 , 387 , 388A or 389\n\nThis section applies to an authorised person intending to enter a place under section 386 , 387 , 388A or 389 .\nThe authorised person must, before entering the place, make a reasonable attempt to locate an occupier and obtain the occupier’s consent to the entry.\nIf the occupier refuses consent to enter, the authorised person must not enter the place unless the entry is under an enforcement order or a warrant.\nIf the authorised person is unable to locate an occupier after making a reasonable attempt to do so, the authorised person may enter the place.\nIf the authorised person enters the place after being unable to locate an occupier, the authorised person must leave a notice in a conspicuous position and in a reasonably secure way stating the date, time and purpose of the entry.\nIn exercising a power under section 386 , 387 , 388A or 389 , the authorised person must take all reasonable steps to ensure the person causes as little inconvenience, and does as little damage, as is practicable in the circumstances.\ns 392 amd 2008 No. 34 s 655\n(sec.392-ssec.1) This section applies to an authorised person intending to enter a place under section 386 , 387 , 388A or 389 .\n(sec.392-ssec.2) The authorised person must, before entering the place, make a reasonable attempt to locate an occupier and obtain the occupier’s consent to the entry.\n(sec.392-ssec.3) If the occupier refuses consent to enter, the authorised person must not enter the place unless the entry is under an enforcement order or a warrant.\n(sec.392-ssec.4) If the authorised person is unable to locate an occupier after making a reasonable attempt to do so, the authorised person may enter the place.\n(sec.392-ssec.5) If the authorised person enters the place after being unable to locate an occupier, the authorised person must leave a notice in a conspicuous position and in a reasonably secure way stating the date, time and purpose of the entry.\n(sec.392-ssec.6) In exercising a power under section 386 , 387 , 388A or 389 , the authorised person must take all reasonable steps to ensure the person causes as little inconvenience, and does as little damage, as is practicable in the circumstances.","sortOrder":723},{"sectionNumber":"sec.393","sectionType":"section","heading":"Entry of place under s 388","content":"### sec.393 Entry of place under s 388\n\nThis section applies to an authorised person intending to enter a place under section 388 .\nThe issuing authority must give the occupier and owner of the place reasonable notice that the issuing authority, by its employees or agents, intends to enter the place to take the steps required under the public health order.\nThe notice must state the steps that are to be taken by the issuing authority.\nThe authorised person must, before entering the place, make a reasonable attempt to locate an occupier and obtain the occupier’s consent to the entry.\nIf the occupier refuses consent to enter, the authorised person must not enter the place unless the entry is under an enforcement order or a warrant.\nIf the authorised person is unable to locate an occupier after making a reasonable attempt to do so, the authorised person may enter the place.\nIf the authorised person enters the place after being unable to locate an occupier, the authorised person must leave a notice in a conspicuous position and in a reasonably secure way stating the date, time and purpose of the entry.\nIn exercising a power under this section, the authorised person must take all reasonable steps to ensure the person causes as little inconvenience, and does as little damage, as is practicable in the circumstances.\n(sec.393-ssec.1) This section applies to an authorised person intending to enter a place under section 388 .\n(sec.393-ssec.2) The issuing authority must give the occupier and owner of the place reasonable notice that the issuing authority, by its employees or agents, intends to enter the place to take the steps required under the public health order.\n(sec.393-ssec.3) The notice must state the steps that are to be taken by the issuing authority.\n(sec.393-ssec.4) The authorised person must, before entering the place, make a reasonable attempt to locate an occupier and obtain the occupier’s consent to the entry.\n(sec.393-ssec.5) If the occupier refuses consent to enter, the authorised person must not enter the place unless the entry is under an enforcement order or a warrant.\n(sec.393-ssec.6) If the authorised person is unable to locate an occupier after making a reasonable attempt to do so, the authorised person may enter the place.\n(sec.393-ssec.7) If the authorised person enters the place after being unable to locate an occupier, the authorised person must leave a notice in a conspicuous position and in a reasonably secure way stating the date, time and purpose of the entry.\n(sec.393-ssec.8) In exercising a power under this section, the authorised person must take all reasonable steps to ensure the person causes as little inconvenience, and does as little damage, as is practicable in the circumstances.","sortOrder":724},{"sectionNumber":"sec.394","sectionType":"section","heading":"Application for warrant","content":"### sec.394 Application for warrant\n\nAn authorised person may apply to a magistrate for a warrant for a place.\nThe authorised person must prepare a written application that states the grounds on which the warrant is sought.\nThe written application must be sworn.\nThe magistrate may refuse to consider the application until the authorised person gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.\nThe magistrate may require additional information supporting the application to be given by statutory declaration.\n(sec.394-ssec.1) An authorised person may apply to a magistrate for a warrant for a place.\n(sec.394-ssec.2) The authorised person must prepare a written application that states the grounds on which the warrant is sought.\n(sec.394-ssec.3) The written application must be sworn.\n(sec.394-ssec.4) The magistrate may refuse to consider the application until the authorised person gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires. The magistrate may require additional information supporting the application to be given by statutory declaration.","sortOrder":725},{"sectionNumber":"sec.395","sectionType":"section","heading":"Issue of warrant","content":"### sec.395 Issue of warrant\n\nThe magistrate may issue the warrant for the place only if the magistrate is satisfied there are reasonable grounds for suspecting—\nthere is a particular thing or activity (the evidence ) that may provide evidence of an offence against this Act and the evidence is at the place or, within the next 7 days, will be at the place; or\nthere is a public health risk at the place.\nThe warrant must state—\nthe place to which the warrant applies; and\nthat a stated authorised person may, with necessary and reasonable help and force—\nenter the place and any other place necessary for entry to the place; and\nexercise the authorised person’s powers under this chapter; and\nparticulars of the offence or public health risk that the magistrate considers appropriate in the circumstances; and\nthe name of the person suspected of having committed the offence or who caused the public health risk or allowed the public health risk to continue, unless the name is unknown or the magistrate considers it inappropriate to state the name; and\nif subsection (1) (a) applies, the evidence that may be seized under the warrant; and\nwhether the authorised person may exercise powers under part 2 , division 6 ; and\nif the authorised person may exercise powers under part 2 , division 6 , the person, if any, who is to pay the costs incurred by the authorised person in exercising the powers; and\nthe hours of the day or night when the place may be entered; and\nthe magistrate’s name; and\nthe date and time of the warrant’s issue; and\nexcept for a warrant allowing for re-entry of a place as mentioned in subsection (3) , the date, within 14 days after the warrant’s issue, the warrant ends.\nIf the warrant relates to a public health risk, the warrant may also state that an authorised person may enter the place again to check compliance with a public health order issued as a result of the authorised person’s entry of the place under the warrant.\nTo the extent that the warrant allows for the re-entry of a place as mentioned in subsection (3) , it expires on—\nthe day that is 7 days after the expiration of the period stated in the public health order for completing the steps stated in the order; or\nif an earlier day is stipulated in the warrant, that day.\n(sec.395-ssec.1) The magistrate may issue the warrant for the place only if the magistrate is satisfied there are reasonable grounds for suspecting— there is a particular thing or activity (the evidence ) that may provide evidence of an offence against this Act and the evidence is at the place or, within the next 7 days, will be at the place; or there is a public health risk at the place.\n(sec.395-ssec.2) The warrant must state— the place to which the warrant applies; and that a stated authorised person may, with necessary and reasonable help and force— enter the place and any other place necessary for entry to the place; and exercise the authorised person’s powers under this chapter; and particulars of the offence or public health risk that the magistrate considers appropriate in the circumstances; and the name of the person suspected of having committed the offence or who caused the public health risk or allowed the public health risk to continue, unless the name is unknown or the magistrate considers it inappropriate to state the name; and if subsection (1) (a) applies, the evidence that may be seized under the warrant; and whether the authorised person may exercise powers under part 2 , division 6 ; and if the authorised person may exercise powers under part 2 , division 6 , the person, if any, who is to pay the costs incurred by the authorised person in exercising the powers; and the hours of the day or night when the place may be entered; and the magistrate’s name; and the date and time of the warrant’s issue; and except for a warrant allowing for re-entry of a place as mentioned in subsection (3) , the date, within 14 days after the warrant’s issue, the warrant ends.\n(sec.395-ssec.3) If the warrant relates to a public health risk, the warrant may also state that an authorised person may enter the place again to check compliance with a public health order issued as a result of the authorised person’s entry of the place under the warrant.\n(sec.395-ssec.4) To the extent that the warrant allows for the re-entry of a place as mentioned in subsection (3) , it expires on— the day that is 7 days after the expiration of the period stated in the public health order for completing the steps stated in the order; or if an earlier day is stipulated in the warrant, that day.\n- (a) there is a particular thing or activity (the evidence ) that may provide evidence of an offence against this Act and the evidence is at the place or, within the next 7 days, will be at the place; or\n- (b) there is a public health risk at the place.\n- (a) the place to which the warrant applies; and\n- (b) that a stated authorised person may, with necessary and reasonable help and force— (i) enter the place and any other place necessary for entry to the place; and (ii) exercise the authorised person’s powers under this chapter; and\n- (i) enter the place and any other place necessary for entry to the place; and\n- (ii) exercise the authorised person’s powers under this chapter; and\n- (c) particulars of the offence or public health risk that the magistrate considers appropriate in the circumstances; and\n- (d) the name of the person suspected of having committed the offence or who caused the public health risk or allowed the public health risk to continue, unless the name is unknown or the magistrate considers it inappropriate to state the name; and\n- (e) if subsection (1) (a) applies, the evidence that may be seized under the warrant; and\n- (f) whether the authorised person may exercise powers under part 2 , division 6 ; and\n- (g) if the authorised person may exercise powers under part 2 , division 6 , the person, if any, who is to pay the costs incurred by the authorised person in exercising the powers; and\n- (h) the hours of the day or night when the place may be entered; and\n- (i) the magistrate’s name; and\n- (j) the date and time of the warrant’s issue; and\n- (k) except for a warrant allowing for re-entry of a place as mentioned in subsection (3) , the date, within 14 days after the warrant’s issue, the warrant ends.\n- (i) enter the place and any other place necessary for entry to the place; and\n- (ii) exercise the authorised person’s powers under this chapter; and\n- (a) the day that is 7 days after the expiration of the period stated in the public health order for completing the steps stated in the order; or\n- (b) if an earlier day is stipulated in the warrant, that day.","sortOrder":726},{"sectionNumber":"sec.396","sectionType":"section","heading":"Application by electronic communication and duplicate warrant","content":"### sec.396 Application by electronic communication and duplicate warrant\n\nAn application under section 394 may be made by phone, fax, email, radio, videoconferencing or another form of electronic communication if the authorised person reasonably considers it necessary because of—\nurgent circumstances; or\nother special circumstances, including, for example, the authorised person’s remote location.\nThe application—\nmay not be made before the authorised person prepares the written application under section 394 (2) ; but\nmay be made before the written application is sworn.\nThe magistrate may issue the warrant (the original warrant ) only if the magistrate is satisfied—\nit was necessary to make the application under subsection (1) ; and\nthe way the application was made under subsection (1) was appropriate.\nAfter the magistrate issues the original warrant—\nif there is a reasonably practicable way of immediately giving a copy of the warrant to the authorised person, for example, by sending a copy by fax or email, the magistrate must immediately give a copy of the warrant to the authorised person; or\notherwise—\nthe magistrate must tell the authorised person the date and time the warrant is issued and the other terms of the warrant; and\nthe authorised person must complete a form of warrant, including by writing on it—\nthe magistrate’s name; and\nthe date and time the magistrate issued the warrant; and\nthe other terms of the warrant.\nThe copy of the warrant mentioned in subsection (4) (a) , or the form of warrant completed under subsection (4) (b) (in either case the duplicate warrant ), is a duplicate of, and as effectual as, the original warrant.\nThe authorised person must, at the first reasonable opportunity, send to the magistrate—\nthe written application complying with section 394 (2) and (3) ; and\nif the authorised person completed a form of warrant under subsection (4) (b) —the completed form of warrant.\nThe magistrate must keep the original warrant and, on receiving the documents under subsection (6) —\nattach the documents to the original warrant; and\ngive the original warrant and documents to the clerk of the court of the relevant magistrates court.\nDespite subsection (5) , if—\nan issue arises in a proceeding about whether an exercise of a power was authorised by a warrant issued under this section; and\nthe original warrant is not produced in evidence;\nthe onus of proof is on the person relying on the lawfulness of the exercise of the power to prove a warrant authorised the exercise of the power.\nThis section does not limit section 394 .\nIn this section—\nrelevant magistrates court , in relation to a magistrate, means the Magistrates Court that the magistrate constitutes under the Magistrates Act 1991 .\n(sec.396-ssec.1) An application under section 394 may be made by phone, fax, email, radio, videoconferencing or another form of electronic communication if the authorised person reasonably considers it necessary because of— urgent circumstances; or other special circumstances, including, for example, the authorised person’s remote location.\n(sec.396-ssec.2) The application— may not be made before the authorised person prepares the written application under section 394 (2) ; but may be made before the written application is sworn.\n(sec.396-ssec.3) The magistrate may issue the warrant (the original warrant ) only if the magistrate is satisfied— it was necessary to make the application under subsection (1) ; and the way the application was made under subsection (1) was appropriate.\n(sec.396-ssec.4) After the magistrate issues the original warrant— if there is a reasonably practicable way of immediately giving a copy of the warrant to the authorised person, for example, by sending a copy by fax or email, the magistrate must immediately give a copy of the warrant to the authorised person; or otherwise— the magistrate must tell the authorised person the date and time the warrant is issued and the other terms of the warrant; and the authorised person must complete a form of warrant, including by writing on it— the magistrate’s name; and the date and time the magistrate issued the warrant; and the other terms of the warrant.\n(sec.396-ssec.5) The copy of the warrant mentioned in subsection (4) (a) , or the form of warrant completed under subsection (4) (b) (in either case the duplicate warrant ), is a duplicate of, and as effectual as, the original warrant.\n(sec.396-ssec.6) The authorised person must, at the first reasonable opportunity, send to the magistrate— the written application complying with section 394 (2) and (3) ; and if the authorised person completed a form of warrant under subsection (4) (b) —the completed form of warrant.\n(sec.396-ssec.7) The magistrate must keep the original warrant and, on receiving the documents under subsection (6) — attach the documents to the original warrant; and give the original warrant and documents to the clerk of the court of the relevant magistrates court.\n(sec.396-ssec.8) Despite subsection (5) , if— an issue arises in a proceeding about whether an exercise of a power was authorised by a warrant issued under this section; and the original warrant is not produced in evidence; the onus of proof is on the person relying on the lawfulness of the exercise of the power to prove a warrant authorised the exercise of the power.\n(sec.396-ssec.9) This section does not limit section 394 .\n(sec.396-ssec.10) In this section— relevant magistrates court , in relation to a magistrate, means the Magistrates Court that the magistrate constitutes under the Magistrates Act 1991 .\n- (a) urgent circumstances; or\n- (b) other special circumstances, including, for example, the authorised person’s remote location.\n- (a) may not be made before the authorised person prepares the written application under section 394 (2) ; but\n- (b) may be made before the written application is sworn.\n- (a) it was necessary to make the application under subsection (1) ; and\n- (b) the way the application was made under subsection (1) was appropriate.\n- (a) if there is a reasonably practicable way of immediately giving a copy of the warrant to the authorised person, for example, by sending a copy by fax or email, the magistrate must immediately give a copy of the warrant to the authorised person; or\n- (b) otherwise— (i) the magistrate must tell the authorised person the date and time the warrant is issued and the other terms of the warrant; and (ii) the authorised person must complete a form of warrant, including by writing on it— (A) the magistrate’s name; and (B) the date and time the magistrate issued the warrant; and (C) the other terms of the warrant.\n- (i) the magistrate must tell the authorised person the date and time the warrant is issued and the other terms of the warrant; and\n- (ii) the authorised person must complete a form of warrant, including by writing on it— (A) the magistrate’s name; and (B) the date and time the magistrate issued the warrant; and (C) the other terms of the warrant.\n- (A) the magistrate’s name; and\n- (B) the date and time the magistrate issued the warrant; and\n- (C) the other terms of the warrant.\n- (i) the magistrate must tell the authorised person the date and time the warrant is issued and the other terms of the warrant; and\n- (ii) the authorised person must complete a form of warrant, including by writing on it— (A) the magistrate’s name; and (B) the date and time the magistrate issued the warrant; and (C) the other terms of the warrant.\n- (A) the magistrate’s name; and\n- (B) the date and time the magistrate issued the warrant; and\n- (C) the other terms of the warrant.\n- (A) the magistrate’s name; and\n- (B) the date and time the magistrate issued the warrant; and\n- (C) the other terms of the warrant.\n- (a) the written application complying with section 394 (2) and (3) ; and\n- (b) if the authorised person completed a form of warrant under subsection (4) (b) —the completed form of warrant.\n- (a) attach the documents to the original warrant; and\n- (b) give the original warrant and documents to the clerk of the court of the relevant magistrates court.\n- (a) an issue arises in a proceeding about whether an exercise of a power was authorised by a warrant issued under this section; and\n- (b) the original warrant is not produced in evidence;","sortOrder":727},{"sectionNumber":"sec.397","sectionType":"section","heading":"Defect in relation to a warrant","content":"### sec.397 Defect in relation to a warrant\n\nA warrant is not invalidated by a defect in the warrant, or in compliance with section 394 , 395 or 396 , unless the defect affects the substance of the warrant in a material particular.\nIn this section—\nwarrant includes a duplicate warrant mentioned in section 396 (5) .\n(sec.397-ssec.1) A warrant is not invalidated by a defect in the warrant, or in compliance with section 394 , 395 or 396 , unless the defect affects the substance of the warrant in a material particular.\n(sec.397-ssec.2) In this section— warrant includes a duplicate warrant mentioned in section 396 (5) .","sortOrder":728},{"sectionNumber":"sec.398","sectionType":"section","heading":"Warrants—procedure before entry","content":"### sec.398 Warrants—procedure before entry\n\nThis section applies if an authorised person named in a warrant issued under this chapter for a place is intending to enter the place under the warrant.\nBefore entering the place, the authorised person must do or make a reasonable attempt to do the following things—\nidentify himself or herself to a person present at the place who is an occupier of the place by producing a copy of the authorised person’s identity card or other document evidencing the appointment;\ngive the person a copy of the warrant;\ntell the person the authorised person is permitted by the warrant to enter the place;\ngive the person an opportunity to allow the authorised person immediate entry to the place without using force.\nHowever, the authorised person need not comply with subsection (2) if the authorised person believes on reasonable grounds that immediate entry to the place is required to ensure the effective execution of the warrant is not frustrated.\nIn this section—\nwarrant includes a duplicate warrant mentioned in section 396 (5) .\n(sec.398-ssec.1) This section applies if an authorised person named in a warrant issued under this chapter for a place is intending to enter the place under the warrant.\n(sec.398-ssec.2) Before entering the place, the authorised person must do or make a reasonable attempt to do the following things— identify himself or herself to a person present at the place who is an occupier of the place by producing a copy of the authorised person’s identity card or other document evidencing the appointment; give the person a copy of the warrant; tell the person the authorised person is permitted by the warrant to enter the place; give the person an opportunity to allow the authorised person immediate entry to the place without using force.\n(sec.398-ssec.3) However, the authorised person need not comply with subsection (2) if the authorised person believes on reasonable grounds that immediate entry to the place is required to ensure the effective execution of the warrant is not frustrated.\n(sec.398-ssec.4) In this section— warrant includes a duplicate warrant mentioned in section 396 (5) .\n- (a) identify himself or herself to a person present at the place who is an occupier of the place by producing a copy of the authorised person’s identity card or other document evidencing the appointment;\n- (b) give the person a copy of the warrant;\n- (c) tell the person the authorised person is permitted by the warrant to enter the place;\n- (d) give the person an opportunity to allow the authorised person immediate entry to the place without using force.","sortOrder":729},{"sectionNumber":"ch.9-pt.2-div.3","sectionType":"division","heading":"General powers","content":"## General powers","sortOrder":730},{"sectionNumber":"sec.399","sectionType":"section","heading":"General powers after entering places","content":"### sec.399 General powers after entering places\n\nThis section applies to an authorised person who enters a place.\nHowever, if an authorised person enters a place to get the occupier’s consent to enter a place, this section applies to the authorised person only if the consent is given or the entry is otherwise authorised.\nFor monitoring and enforcing compliance with this Act or establishing whether there is a public health risk at the place, the authorised person may—\nsearch any part of the place; or\ninspect, measure, test, photograph or film any part of the place or anything at the place; or\ntake a thing, or a sample of or from a thing, at the place for analysis or testing; or\ncopy a document at the place or take the document to another place to copy it; or\ntake into or onto the place any persons, equipment and materials the authorised person reasonably requires for exercising a power under this chapter; or\nrequire a person at the place to give the authorised person reasonable help to exercise the authorised person’s powers under paragraphs (a) to (e) ; or\nrequire a person at the place to answer questions by the authorised person, or to give the authorised person information, to help the authorised person ascertain whether this Act is being or has been complied with or there is a public health risk at the place.\nWhen making a requirement mentioned in subsection (3) (f) or (g) , the authorised person must warn the person it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse.\nIf an authorised person takes a document from a place to copy it, the document must be copied as soon as practicable and returned to the place.\nTo remove any doubt, it is declared that the power mentioned in subsection (3) (e) includes the power to leave at the place for a reasonable period the equipment and materials mentioned in that paragraph.\ns 399 amd 2008 No. 34 s 656 ; 2025 No. 21 s 45\n(sec.399-ssec.1) This section applies to an authorised person who enters a place.\n(sec.399-ssec.2) However, if an authorised person enters a place to get the occupier’s consent to enter a place, this section applies to the authorised person only if the consent is given or the entry is otherwise authorised.\n(sec.399-ssec.3) For monitoring and enforcing compliance with this Act or establishing whether there is a public health risk at the place, the authorised person may— search any part of the place; or inspect, measure, test, photograph or film any part of the place or anything at the place; or take a thing, or a sample of or from a thing, at the place for analysis or testing; or copy a document at the place or take the document to another place to copy it; or take into or onto the place any persons, equipment and materials the authorised person reasonably requires for exercising a power under this chapter; or require a person at the place to give the authorised person reasonable help to exercise the authorised person’s powers under paragraphs (a) to (e) ; or require a person at the place to answer questions by the authorised person, or to give the authorised person information, to help the authorised person ascertain whether this Act is being or has been complied with or there is a public health risk at the place.\n(sec.399-ssec.4) When making a requirement mentioned in subsection (3) (f) or (g) , the authorised person must warn the person it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse.\n(sec.399-ssec.5) If an authorised person takes a document from a place to copy it, the document must be copied as soon as practicable and returned to the place.\n(sec.399-ssec.6) To remove any doubt, it is declared that the power mentioned in subsection (3) (e) includes the power to leave at the place for a reasonable period the equipment and materials mentioned in that paragraph.\n- (a) search any part of the place; or\n- (b) inspect, measure, test, photograph or film any part of the place or anything at the place; or\n- (c) take a thing, or a sample of or from a thing, at the place for analysis or testing; or\n- (d) copy a document at the place or take the document to another place to copy it; or\n- (e) take into or onto the place any persons, equipment and materials the authorised person reasonably requires for exercising a power under this chapter; or\n- (f) require a person at the place to give the authorised person reasonable help to exercise the authorised person’s powers under paragraphs (a) to (e) ; or\n- (g) require a person at the place to answer questions by the authorised person, or to give the authorised person information, to help the authorised person ascertain whether this Act is being or has been complied with or there is a public health risk at the place.","sortOrder":731},{"sectionNumber":"sec.400","sectionType":"section","heading":"Failure to help authorised person","content":"### sec.400 Failure to help authorised person\n\nA person required to give reasonable help under section 399 (3) (f) must comply with the requirement, unless the person has a reasonable excuse.\nMaximum penalty—50 penalty units.","sortOrder":732},{"sectionNumber":"sec.401","sectionType":"section","heading":"Failure to answer questions or give information","content":"### sec.401 Failure to answer questions or give information\n\nA person of whom a requirement is made under section 399 (3) (g) must comply with the requirement, unless the person has a reasonable excuse.\nAlso, a person must not state anything the person knows to be false or misleading in a material particular—see section 423 (False or misleading statements).\nMaximum penalty—50 penalty units.\nIt is a reasonable excuse for the person to fail to comply with the requirement that complying with the requirement might tend to incriminate the person.\ns 401 amd 2008 No. 34 s 657\n(sec.401-ssec.1) A person of whom a requirement is made under section 399 (3) (g) must comply with the requirement, unless the person has a reasonable excuse. Also, a person must not state anything the person knows to be false or misleading in a material particular—see section 423 (False or misleading statements). Maximum penalty—50 penalty units.\n(sec.401-ssec.2) It is a reasonable excuse for the person to fail to comply with the requirement that complying with the requirement might tend to incriminate the person.","sortOrder":733},{"sectionNumber":"ch.9-pt.2-div.4","sectionType":"division","heading":"Vehicles","content":"## Vehicles","sortOrder":734},{"sectionNumber":"sec.402","sectionType":"section","heading":"Stopping motor vehicle","content":"### sec.402 Stopping motor vehicle\n\nThis section applies if an authorised person reasonably suspects, or is aware, that—\na thing in or on a motor vehicle may provide evidence of the commission of an offence against this Act; or\nthere is a public health risk in or on the motor vehicle.\nFor the purpose of exercising the powers of an authorised person under this part, an authorised person may—\nif the motor vehicle is moving—ask or signal the person in control of the motor vehicle to stop the motor vehicle; and\nwhether or not the motor vehicle is moving—ask or signal the person in control of the motor vehicle to bring the motor vehicle to a convenient place within a reasonable distance to allow the authorised person to exercise the authorised person’s powers under this part.\nWhen asking or signalling the person in control of a moving motor vehicle to stop the motor vehicle or bring it to a convenient place, the authorised person must clearly identify himself or herself as an authorised person exercising the authorised person’s powers under this Act.\nIf the authorised person is in a moving motor vehicle, he or she may use a loud hailer to identify himself or herself as an authorised person exercising powers under this Act.\nIf the authorised person is standing at the side of the road, he or she may use a sign to identify himself or herself as an authorised person exercising powers under this Act.\nDespite section 381 , for the purpose of exercising a power under subsection (2) (a) , the authorised person must—\nhave with him or her the authorised person’s identity card; and\nproduce the identity card for the person’s inspection immediately after the motor vehicle is stopped.\nThe person must comply with the authorised person’s request or signal, unless the person has a reasonable excuse.\nMaximum penalty—50 penalty units.\nIt is a reasonable excuse for the person not to obey the request or signal if—\nthe authorised person has not complied with subsection (3) ; or\nto immediately obey the request or signal would have endangered the person or someone else or caused loss or damage to property, and the person obeys the request or signal as soon as it is practicable to obey it.\nIf the motor vehicle is stopped, the authorised person may direct the person—\nnot to move the motor vehicle until the authorised person has exercised the authorised person’s powers under this part; or\nto move the motor vehicle to, and keep it at, a stated reasonable place to allow the authorised person to exercise the authorised person’s powers under this part.\nWhen giving the direction, the authorised person must warn the person it is an offence not to comply with the direction, unless the person has a reasonable excuse.\nThe person must comply with the authorised person’s direction, unless the person has a reasonable excuse.\nMaximum penalty for subsection (9) —50 penalty units.\n(sec.402-ssec.1) This section applies if an authorised person reasonably suspects, or is aware, that— a thing in or on a motor vehicle may provide evidence of the commission of an offence against this Act; or there is a public health risk in or on the motor vehicle.\n(sec.402-ssec.2) For the purpose of exercising the powers of an authorised person under this part, an authorised person may— if the motor vehicle is moving—ask or signal the person in control of the motor vehicle to stop the motor vehicle; and whether or not the motor vehicle is moving—ask or signal the person in control of the motor vehicle to bring the motor vehicle to a convenient place within a reasonable distance to allow the authorised person to exercise the authorised person’s powers under this part.\n(sec.402-ssec.3) When asking or signalling the person in control of a moving motor vehicle to stop the motor vehicle or bring it to a convenient place, the authorised person must clearly identify himself or herself as an authorised person exercising the authorised person’s powers under this Act. If the authorised person is in a moving motor vehicle, he or she may use a loud hailer to identify himself or herself as an authorised person exercising powers under this Act. If the authorised person is standing at the side of the road, he or she may use a sign to identify himself or herself as an authorised person exercising powers under this Act.\n(sec.402-ssec.4) Despite section 381 , for the purpose of exercising a power under subsection (2) (a) , the authorised person must— have with him or her the authorised person’s identity card; and produce the identity card for the person’s inspection immediately after the motor vehicle is stopped.\n(sec.402-ssec.5) The person must comply with the authorised person’s request or signal, unless the person has a reasonable excuse. Maximum penalty—50 penalty units.\n(sec.402-ssec.6) It is a reasonable excuse for the person not to obey the request or signal if— the authorised person has not complied with subsection (3) ; or to immediately obey the request or signal would have endangered the person or someone else or caused loss or damage to property, and the person obeys the request or signal as soon as it is practicable to obey it.\n(sec.402-ssec.7) If the motor vehicle is stopped, the authorised person may direct the person— not to move the motor vehicle until the authorised person has exercised the authorised person’s powers under this part; or to move the motor vehicle to, and keep it at, a stated reasonable place to allow the authorised person to exercise the authorised person’s powers under this part.\n(sec.402-ssec.8) When giving the direction, the authorised person must warn the person it is an offence not to comply with the direction, unless the person has a reasonable excuse.\n(sec.402-ssec.9) The person must comply with the authorised person’s direction, unless the person has a reasonable excuse. Maximum penalty for subsection (9) —50 penalty units.\n- (a) a thing in or on a motor vehicle may provide evidence of the commission of an offence against this Act; or\n- (b) there is a public health risk in or on the motor vehicle.\n- (a) if the motor vehicle is moving—ask or signal the person in control of the motor vehicle to stop the motor vehicle; and\n- (b) whether or not the motor vehicle is moving—ask or signal the person in control of the motor vehicle to bring the motor vehicle to a convenient place within a reasonable distance to allow the authorised person to exercise the authorised person’s powers under this part.\n- 1 If the authorised person is in a moving motor vehicle, he or she may use a loud hailer to identify himself or herself as an authorised person exercising powers under this Act.\n- 2 If the authorised person is standing at the side of the road, he or she may use a sign to identify himself or herself as an authorised person exercising powers under this Act.\n- (a) have with him or her the authorised person’s identity card; and\n- (b) produce the identity card for the person’s inspection immediately after the motor vehicle is stopped.\n- (a) the authorised person has not complied with subsection (3) ; or\n- (b) to immediately obey the request or signal would have endangered the person or someone else or caused loss or damage to property, and the person obeys the request or signal as soon as it is practicable to obey it.\n- (a) not to move the motor vehicle until the authorised person has exercised the authorised person’s powers under this part; or\n- (b) to move the motor vehicle to, and keep it at, a stated reasonable place to allow the authorised person to exercise the authorised person’s powers under this part.","sortOrder":735},{"sectionNumber":"ch.9-pt.2-div.5","sectionType":"division","heading":"Power to seize evidence","content":"## Power to seize evidence","sortOrder":736},{"sectionNumber":"sec.403","sectionType":"section","heading":"Seizing evidence at place that may be entered without consent or a warrant","content":"### sec.403 Seizing evidence at place that may be entered without consent or a warrant\n\nAn authorised person who lawfully enters a place under this chapter without the consent of the occupier and without a warrant, may seize a thing at the place only if the authorised person reasonably believes the thing is evidence of an offence against this Act.","sortOrder":737},{"sectionNumber":"sec.404","sectionType":"section","heading":"Seizing evidence at a place that may only be entered with consent or warrant","content":"### sec.404 Seizing evidence at a place that may only be entered with consent or warrant\n\nThis section applies if—\nan authorised person is authorised to enter a place under this chapter only with the consent of the occupier or a warrant; and\nthe authorised person enters the place after obtaining the necessary consent or warrant.\nAlso, if the authorised person enters the place with a warrant, this section applies only if the warrant was issued under section 395 (1) (a) .\nIf the authorised person enters the place with the occupier’s consent, the authorised person may seize a thing at the place only if—\nthe authorised person reasonably believes the thing is evidence of an offence against this Act; and\nseizure of the thing is consistent with the purpose of entry as told to the occupier when asking for the occupier’s consent.\nIf the authorised person enters the place with a warrant, the authorised person may seize the evidence for which the warrant was issued.\nThe authorised person also may seize anything else at the place if the authorised person reasonably believes—\nthe thing is evidence of an offence against this Act; and\nthe seizure is necessary to prevent the thing being—\nhidden, lost or destroyed; or\nused to continue, or repeat, the offence.\nAlso, the authorised person may seize a thing at the place if the authorised person reasonably believes it has just been used in committing an offence against this Act.\n(sec.404-ssec.1) This section applies if— an authorised person is authorised to enter a place under this chapter only with the consent of the occupier or a warrant; and the authorised person enters the place after obtaining the necessary consent or warrant.\n(sec.404-ssec.2) Also, if the authorised person enters the place with a warrant, this section applies only if the warrant was issued under section 395 (1) (a) .\n(sec.404-ssec.3) If the authorised person enters the place with the occupier’s consent, the authorised person may seize a thing at the place only if— the authorised person reasonably believes the thing is evidence of an offence against this Act; and seizure of the thing is consistent with the purpose of entry as told to the occupier when asking for the occupier’s consent.\n(sec.404-ssec.4) If the authorised person enters the place with a warrant, the authorised person may seize the evidence for which the warrant was issued.\n(sec.404-ssec.5) The authorised person also may seize anything else at the place if the authorised person reasonably believes— the thing is evidence of an offence against this Act; and the seizure is necessary to prevent the thing being— hidden, lost or destroyed; or used to continue, or repeat, the offence.\n(sec.404-ssec.6) Also, the authorised person may seize a thing at the place if the authorised person reasonably believes it has just been used in committing an offence against this Act.\n- (a) an authorised person is authorised to enter a place under this chapter only with the consent of the occupier or a warrant; and\n- (b) the authorised person enters the place after obtaining the necessary consent or warrant.\n- (a) the authorised person reasonably believes the thing is evidence of an offence against this Act; and\n- (b) seizure of the thing is consistent with the purpose of entry as told to the occupier when asking for the occupier’s consent.\n- (a) the thing is evidence of an offence against this Act; and\n- (b) the seizure is necessary to prevent the thing being— (i) hidden, lost or destroyed; or (ii) used to continue, or repeat, the offence.\n- (i) hidden, lost or destroyed; or\n- (ii) used to continue, or repeat, the offence.\n- (i) hidden, lost or destroyed; or\n- (ii) used to continue, or repeat, the offence.","sortOrder":738},{"sectionNumber":"ch.9-pt.2-div.6","sectionType":"division","heading":"Power to remove or reduce public health risk under a warrant","content":"## Power to remove or reduce public health risk under a warrant","sortOrder":739},{"sectionNumber":"sec.405","sectionType":"section","heading":"Power to remove or reduce public health risk after entering place","content":"### sec.405 Power to remove or reduce public health risk after entering place\n\nThis section applies if—\nan authorised person enters a place after obtaining a warrant; and\nthe warrant authorises the authorised person to exercise powers under this division.\nThe authorised person may take the steps necessary in the circumstances to remove or reduce the risk to public health from the public health risk stated in the warrant, or to prevent the risk to public health from recurring, including seizing a thing.\nSee also division 3 which provides for the general powers available to an authorised person after entering a place.\nIn exercising a power under this section, the authorised person must take all reasonable steps to ensure the person causes as little inconvenience, and does as little damage, as is practicable in the circumstances.\n(sec.405-ssec.1) This section applies if— an authorised person enters a place after obtaining a warrant; and the warrant authorises the authorised person to exercise powers under this division.\n(sec.405-ssec.2) The authorised person may take the steps necessary in the circumstances to remove or reduce the risk to public health from the public health risk stated in the warrant, or to prevent the risk to public health from recurring, including seizing a thing. See also division 3 which provides for the general powers available to an authorised person after entering a place.\n(sec.405-ssec.3) In exercising a power under this section, the authorised person must take all reasonable steps to ensure the person causes as little inconvenience, and does as little damage, as is practicable in the circumstances.\n- (a) an authorised person enters a place after obtaining a warrant; and\n- (b) the warrant authorises the authorised person to exercise powers under this division.","sortOrder":740},{"sectionNumber":"ch.9-pt.2-div.7","sectionType":"division","heading":"Recovery of costs and expenses","content":"## Recovery of costs and expenses","sortOrder":741},{"sectionNumber":"sec.406","sectionType":"section","heading":"Cost of steps recoverable as a debt","content":"### sec.406 Cost of steps recoverable as a debt\n\nThe issuing authority may recover the amount of the reasonable costs and expenses incurred by the issuing authority in exercising powers under section 388 or 405 as a debt payable to the issuing authority by the person named in the public health order or the warrant.\nFor subsection (1) , the amount becomes payable 30 days after the issuing authority gives the person details of the amount of the costs.\nIf the issuing authority is a local government—\nthe amount payable to the local government bears interest as if it were an amount of an overdue rate payable to a local government under the Local Government Act 2009 ; and\nthe amount payable plus interest may be recovered by the local government as if the total amount were an amount of an overdue rate payable to a local government under the Local Government Act 2009 .\ns 406 amd 2009 No. 17 s 331 sch 1\n(sec.406-ssec.1) The issuing authority may recover the amount of the reasonable costs and expenses incurred by the issuing authority in exercising powers under section 388 or 405 as a debt payable to the issuing authority by the person named in the public health order or the warrant.\n(sec.406-ssec.2) For subsection (1) , the amount becomes payable 30 days after the issuing authority gives the person details of the amount of the costs.\n(sec.406-ssec.3) If the issuing authority is a local government— the amount payable to the local government bears interest as if it were an amount of an overdue rate payable to a local government under the Local Government Act 2009 ; and the amount payable plus interest may be recovered by the local government as if the total amount were an amount of an overdue rate payable to a local government under the Local Government Act 2009 .\n- (a) the amount payable to the local government bears interest as if it were an amount of an overdue rate payable to a local government under the Local Government Act 2009 ; and\n- (b) the amount payable plus interest may be recovered by the local government as if the total amount were an amount of an overdue rate payable to a local government under the Local Government Act 2009 .","sortOrder":742},{"sectionNumber":"sec.407","sectionType":"section","heading":"Cost of steps by local government a charge over land","content":"### sec.407 Cost of steps by local government a charge over land\n\nThis section applies if an amount (including any interest on the amount) (the unpaid amount ) is payable by a person for steps taken by an issuing authority that is a local government, on land owned by the person.\nThe unpaid amount is a charge on the land.\nThe local government may lodge a request to register the charge in the appropriate form over the land with the registrar of titles.\nThe request must be accompanied by a certificate signed by the local government’s chief executive officer stating there is a charge over the land under this section.\nA registered charge has priority over all encumbrances over the land other than—\nencumbrances in favour of the State or a government entity; and\nrates payable to the local government.\nThe charge is in addition to any other remedy the local government has for recovery of the unpaid amount.\n(sec.407-ssec.1) This section applies if an amount (including any interest on the amount) (the unpaid amount ) is payable by a person for steps taken by an issuing authority that is a local government, on land owned by the person.\n(sec.407-ssec.2) The unpaid amount is a charge on the land.\n(sec.407-ssec.3) The local government may lodge a request to register the charge in the appropriate form over the land with the registrar of titles.\n(sec.407-ssec.4) The request must be accompanied by a certificate signed by the local government’s chief executive officer stating there is a charge over the land under this section.\n(sec.407-ssec.5) A registered charge has priority over all encumbrances over the land other than— encumbrances in favour of the State or a government entity; and rates payable to the local government.\n(sec.407-ssec.6) The charge is in addition to any other remedy the local government has for recovery of the unpaid amount.\n- (a) encumbrances in favour of the State or a government entity; and\n- (b) rates payable to the local government.","sortOrder":743},{"sectionNumber":"ch.9-pt.2-div.8","sectionType":"division","heading":"Dealing with seized things","content":"## Dealing with seized things","sortOrder":744},{"sectionNumber":"sec.408","sectionType":"section","heading":"Securing seized things","content":"### sec.408 Securing seized things\n\nThis section applies if an authorised person seizes a thing under section 403 , 404 or 405 .\nHaving seized the thing, the authorised person may—\nmove the thing from the place where it was seized (the place of seizure ); or\nleave the thing at the place of seizure, but take reasonable action to restrict access to it.\nsealing a thing and marking it to show access to it is restricted\nsealing the entrance to a room where the thing is situated and marking it to show access to it is restricted\n(sec.408-ssec.1) This section applies if an authorised person seizes a thing under section 403 , 404 or 405 .\n(sec.408-ssec.2) Having seized the thing, the authorised person may— move the thing from the place where it was seized (the place of seizure ); or leave the thing at the place of seizure, but take reasonable action to restrict access to it. sealing a thing and marking it to show access to it is restricted sealing the entrance to a room where the thing is situated and marking it to show access to it is restricted\n- (a) move the thing from the place where it was seized (the place of seizure ); or\n- (b) leave the thing at the place of seizure, but take reasonable action to restrict access to it. Examples of restricting access to a thing— 1 sealing a thing and marking it to show access to it is restricted 2 sealing the entrance to a room where the thing is situated and marking it to show access to it is restricted\n- 1 sealing a thing and marking it to show access to it is restricted\n- 2 sealing the entrance to a room where the thing is situated and marking it to show access to it is restricted\n- 1 sealing a thing and marking it to show access to it is restricted\n- 2 sealing the entrance to a room where the thing is situated and marking it to show access to it is restricted","sortOrder":745},{"sectionNumber":"sec.409","sectionType":"section","heading":"Tampering with seized things","content":"### sec.409 Tampering with seized things\n\nIf an authorised person restricts access to a seized thing under section 408 , a person must not tamper with the thing, or something restricting access to the thing, without an authorised person’s approval.\nMaximum penalty—100 penalty units.\nIn this section—\ntamper includes attempt to tamper.\n(sec.409-ssec.1) If an authorised person restricts access to a seized thing under section 408 , a person must not tamper with the thing, or something restricting access to the thing, without an authorised person’s approval. Maximum penalty—100 penalty units.\n(sec.409-ssec.2) In this section— tamper includes attempt to tamper.","sortOrder":746},{"sectionNumber":"sec.410","sectionType":"section","heading":"Powers to support seizure","content":"### sec.410 Powers to support seizure\n\nTo enable a thing to be seized, an authorised person may require the person in control of it—\nto take it to a stated reasonable place by a stated reasonable time; and\nif necessary, to remain in control of it at the stated place for a reasonable time.\nThe requirement—\nmust be made by notice; or\nif for any reason it is not practicable to give the notice, may be made orally and confirmed by notice as soon as practicable.\nA further requirement may be made under this section about the same thing if it is necessary and reasonable to make the further requirement.\nA person of whom the requirement is made under subsection (1) or (3) must comply with the requirement, unless the person has a reasonable excuse.\nMaximum penalty—100 penalty units.\nSubject to section 422 , the cost of complying with subsection (4) must be borne by the person.\n(sec.410-ssec.1) To enable a thing to be seized, an authorised person may require the person in control of it— to take it to a stated reasonable place by a stated reasonable time; and if necessary, to remain in control of it at the stated place for a reasonable time.\n(sec.410-ssec.2) The requirement— must be made by notice; or if for any reason it is not practicable to give the notice, may be made orally and confirmed by notice as soon as practicable.\n(sec.410-ssec.3) A further requirement may be made under this section about the same thing if it is necessary and reasonable to make the further requirement.\n(sec.410-ssec.4) A person of whom the requirement is made under subsection (1) or (3) must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—100 penalty units.\n(sec.410-ssec.5) Subject to section 422 , the cost of complying with subsection (4) must be borne by the person.\n- (a) to take it to a stated reasonable place by a stated reasonable time; and\n- (b) if necessary, to remain in control of it at the stated place for a reasonable time.\n- (a) must be made by notice; or\n- (b) if for any reason it is not practicable to give the notice, may be made orally and confirmed by notice as soon as practicable.","sortOrder":747},{"sectionNumber":"sec.411","sectionType":"section","heading":"Authorised person may require thing’s return","content":"### sec.411 Authorised person may require thing’s return\n\nIf an authorised person has required a person to take a thing to a stated place by a stated reasonable time under section 410 the authorised person may require the person to return the thing to the place from which it was taken.\nA person of whom the requirement is made under subsection (1) must comply with the requirement, unless the person has a reasonable excuse.\nMaximum penalty—100 penalty units.\nSubject to section 422 , the cost of complying with subsection (1) must be borne by the person.\n(sec.411-ssec.1) If an authorised person has required a person to take a thing to a stated place by a stated reasonable time under section 410 the authorised person may require the person to return the thing to the place from which it was taken.\n(sec.411-ssec.2) A person of whom the requirement is made under subsection (1) must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—100 penalty units.\n(sec.411-ssec.3) Subject to section 422 , the cost of complying with subsection (1) must be borne by the person.","sortOrder":748},{"sectionNumber":"sec.412","sectionType":"section","heading":"Receipts for seized things","content":"### sec.412 Receipts for seized things\n\nAs soon as practicable after an authorised person seizes a thing, the authorised person must give a receipt for it to the person from whom it was seized.\nHowever, if for any reason it is not practicable to comply with subsection (1) , the authorised person must leave the receipt at the place of seizure in a conspicuous position and in a reasonably secure way.\nThe receipt must describe generally each thing seized and its condition.\nThis section does not apply to a thing if it is impracticable or would be unreasonable to give the receipt, given the thing’s nature, condition and value.\n(sec.412-ssec.1) As soon as practicable after an authorised person seizes a thing, the authorised person must give a receipt for it to the person from whom it was seized.\n(sec.412-ssec.2) However, if for any reason it is not practicable to comply with subsection (1) , the authorised person must leave the receipt at the place of seizure in a conspicuous position and in a reasonably secure way.\n(sec.412-ssec.3) The receipt must describe generally each thing seized and its condition.\n(sec.412-ssec.4) This section does not apply to a thing if it is impracticable or would be unreasonable to give the receipt, given the thing’s nature, condition and value.","sortOrder":749},{"sectionNumber":"sec.413","sectionType":"section","heading":"Forfeiture of seized things","content":"### sec.413 Forfeiture of seized things\n\nA seized thing is forfeited to the relevant entity if—\nan authorised person can not find its owner, after making reasonable inquiries; or\nan authorised person can not return it to its owner, after making reasonable efforts; or\nfor a thing seized under section 405 —\nan authorised person reasonably considers that, because of the thing’s inherent nature or condition, the return of the thing is likely to result in a recurrence of the public health risk in relation to which the thing was seized; or\nat the end of 6 months, the return of the thing is, in an authorised person’s reasonable opinion, likely to result in a recurrence of the public health risk in relation to which the thing was seized.\nIn applying subsection (1) —\nsubsection (1) (a) does not require the authorised person to make inquiries if it would be unreasonable to make inquiries to find the owner; and\nsubsection (1) (b) does not require the authorised person to make efforts if it would be unreasonable to make efforts to return the thing to its owner.\nRegard must be had to a thing’s nature, condition and value in deciding—\nwhether it is reasonable to make inquiries or efforts; and\nif making inquiries or efforts, what inquiries or efforts, including the period over which they are made, are reasonable.\nIn this section—\nrelevant entity , for a seized thing, means—\nif the thing was seized by an authorised person appointed by the chief executive—the State; or\nif the thing was seized by an authorised person appointed by a chief executive officer—the local government; or\nif the thing was seized by an authorised person appointed by 2 or more chief executive officers—the local government for whom the authorised person was performing his or her functions at the time the thing was seized.\n(sec.413-ssec.1) A seized thing is forfeited to the relevant entity if— an authorised person can not find its owner, after making reasonable inquiries; or an authorised person can not return it to its owner, after making reasonable efforts; or for a thing seized under section 405 — an authorised person reasonably considers that, because of the thing’s inherent nature or condition, the return of the thing is likely to result in a recurrence of the public health risk in relation to which the thing was seized; or at the end of 6 months, the return of the thing is, in an authorised person’s reasonable opinion, likely to result in a recurrence of the public health risk in relation to which the thing was seized.\n(sec.413-ssec.2) In applying subsection (1) — subsection (1) (a) does not require the authorised person to make inquiries if it would be unreasonable to make inquiries to find the owner; and subsection (1) (b) does not require the authorised person to make efforts if it would be unreasonable to make efforts to return the thing to its owner.\n(sec.413-ssec.3) Regard must be had to a thing’s nature, condition and value in deciding— whether it is reasonable to make inquiries or efforts; and if making inquiries or efforts, what inquiries or efforts, including the period over which they are made, are reasonable.\n(sec.413-ssec.4) In this section— relevant entity , for a seized thing, means— if the thing was seized by an authorised person appointed by the chief executive—the State; or if the thing was seized by an authorised person appointed by a chief executive officer—the local government; or if the thing was seized by an authorised person appointed by 2 or more chief executive officers—the local government for whom the authorised person was performing his or her functions at the time the thing was seized.\n- (a) an authorised person can not find its owner, after making reasonable inquiries; or\n- (b) an authorised person can not return it to its owner, after making reasonable efforts; or\n- (c) for a thing seized under section 405 — (i) an authorised person reasonably considers that, because of the thing’s inherent nature or condition, the return of the thing is likely to result in a recurrence of the public health risk in relation to which the thing was seized; or (ii) at the end of 6 months, the return of the thing is, in an authorised person’s reasonable opinion, likely to result in a recurrence of the public health risk in relation to which the thing was seized.\n- (i) an authorised person reasonably considers that, because of the thing’s inherent nature or condition, the return of the thing is likely to result in a recurrence of the public health risk in relation to which the thing was seized; or\n- (ii) at the end of 6 months, the return of the thing is, in an authorised person’s reasonable opinion, likely to result in a recurrence of the public health risk in relation to which the thing was seized.\n- (i) an authorised person reasonably considers that, because of the thing’s inherent nature or condition, the return of the thing is likely to result in a recurrence of the public health risk in relation to which the thing was seized; or\n- (ii) at the end of 6 months, the return of the thing is, in an authorised person’s reasonable opinion, likely to result in a recurrence of the public health risk in relation to which the thing was seized.\n- (a) subsection (1) (a) does not require the authorised person to make inquiries if it would be unreasonable to make inquiries to find the owner; and\n- (b) subsection (1) (b) does not require the authorised person to make efforts if it would be unreasonable to make efforts to return the thing to its owner.\n- (a) whether it is reasonable to make inquiries or efforts; and\n- (b) if making inquiries or efforts, what inquiries or efforts, including the period over which they are made, are reasonable.\n- (a) if the thing was seized by an authorised person appointed by the chief executive—the State; or\n- (b) if the thing was seized by an authorised person appointed by a chief executive officer—the local government; or\n- (c) if the thing was seized by an authorised person appointed by 2 or more chief executive officers—the local government for whom the authorised person was performing his or her functions at the time the thing was seized.","sortOrder":750},{"sectionNumber":"sec.414","sectionType":"section","heading":"Return of seized things","content":"### sec.414 Return of seized things\n\nIf a thing has been seized but not forfeited, the authorised person must return it to its owner—\nfor a thing seized under section 404 —\nat the end of 6 months; or\nif a proceeding for an offence involving the thing is started within 6 months, at the end of the proceeding and any appeal from the proceeding; or\nif the authorised person stops being satisfied its continued retention as evidence is necessary—immediately; or\nfor a thing seized under section 405 if—\nthe thing ceases to be a public health risk; or\nthe authorised person is satisfied the return of the thing is unlikely to result in the recurrence of the public health risk in relation to which it was seized.\n- (a) for a thing seized under section 404 — (i) at the end of 6 months; or (ii) if a proceeding for an offence involving the thing is started within 6 months, at the end of the proceeding and any appeal from the proceeding; or (iii) if the authorised person stops being satisfied its continued retention as evidence is necessary—immediately; or\n- (i) at the end of 6 months; or\n- (ii) if a proceeding for an offence involving the thing is started within 6 months, at the end of the proceeding and any appeal from the proceeding; or\n- (iii) if the authorised person stops being satisfied its continued retention as evidence is necessary—immediately; or\n- (b) for a thing seized under section 405 if— (i) the thing ceases to be a public health risk; or (ii) the authorised person is satisfied the return of the thing is unlikely to result in the recurrence of the public health risk in relation to which it was seized.\n- (i) the thing ceases to be a public health risk; or\n- (ii) the authorised person is satisfied the return of the thing is unlikely to result in the recurrence of the public health risk in relation to which it was seized.\n- (i) at the end of 6 months; or\n- (ii) if a proceeding for an offence involving the thing is started within 6 months, at the end of the proceeding and any appeal from the proceeding; or\n- (iii) if the authorised person stops being satisfied its continued retention as evidence is necessary—immediately; or\n- (i) the thing ceases to be a public health risk; or\n- (ii) the authorised person is satisfied the return of the thing is unlikely to result in the recurrence of the public health risk in relation to which it was seized.","sortOrder":751},{"sectionNumber":"sec.415","sectionType":"section","heading":"Access to seized things","content":"### sec.415 Access to seized things\n\nUntil a thing that has been seized is forfeited or returned, an authorised person must allow its owner to inspect it and, if it is a document, to copy it.\nSubsection (1) does not apply if it is impracticable or would be unreasonable to allow the inspection or copying.\n(sec.415-ssec.1) Until a thing that has been seized is forfeited or returned, an authorised person must allow its owner to inspect it and, if it is a document, to copy it.\n(sec.415-ssec.2) Subsection (1) does not apply if it is impracticable or would be unreasonable to allow the inspection or copying.","sortOrder":752},{"sectionNumber":"ch.9-pt.2-div.9","sectionType":"division","heading":"Power to obtain information","content":"## Power to obtain information","sortOrder":753},{"sectionNumber":"sec.416","sectionType":"section","heading":"Power to require name and address","content":"### sec.416 Power to require name and address\n\nThis section applies if—\nan authorised person finds a person committing an offence against this Act; or\nan authorised person finds a person in circumstances that lead, or has information that leads, the authorised person reasonably to suspect the person—\nhas just committed an offence against this Act; or\nis responsible for a public health risk.\nThe authorised person may require the person to state the person’s name and residential address.\nWhen making the requirement, the authorised person must warn the person it is an offence to fail to state the person’s name or residential address, unless the person has a reasonable excuse.\nThe authorised person may require the person to give the authorised person evidence of the correctness of the stated name or residential address if the authorised person reasonably suspects the stated name or address to be false.\nA requirement under subsection (2) or (4) is a personal details requirement .\n(sec.416-ssec.1) This section applies if— an authorised person finds a person committing an offence against this Act; or an authorised person finds a person in circumstances that lead, or has information that leads, the authorised person reasonably to suspect the person— has just committed an offence against this Act; or is responsible for a public health risk.\n(sec.416-ssec.2) The authorised person may require the person to state the person’s name and residential address.\n(sec.416-ssec.3) When making the requirement, the authorised person must warn the person it is an offence to fail to state the person’s name or residential address, unless the person has a reasonable excuse.\n(sec.416-ssec.4) The authorised person may require the person to give the authorised person evidence of the correctness of the stated name or residential address if the authorised person reasonably suspects the stated name or address to be false.\n(sec.416-ssec.5) A requirement under subsection (2) or (4) is a personal details requirement .\n- (a) an authorised person finds a person committing an offence against this Act; or\n- (b) an authorised person finds a person in circumstances that lead, or has information that leads, the authorised person reasonably to suspect the person— (i) has just committed an offence against this Act; or (ii) is responsible for a public health risk.\n- (i) has just committed an offence against this Act; or\n- (ii) is responsible for a public health risk.\n- (i) has just committed an offence against this Act; or\n- (ii) is responsible for a public health risk.","sortOrder":754},{"sectionNumber":"sec.417","sectionType":"section","heading":"Failure to give name or address","content":"### sec.417 Failure to give name or address\n\nA person of whom a personal details requirement is made must comply with the requirement, unless the person has a reasonable excuse.\nMaximum penalty—50 penalty units.\nA person does not commit an offence against subsection (1) if—\nthe person was required to state the person’s name and residential address by an authorised person who suspected the person had committed an offence against this Act; and\nthe person is not proved to have committed the offence.\nAlso, a person does not commit an offence against subsection (1) if—\nthe person was required to state the person’s name and residential address by an authorised person who suspected the person was responsible for a public health risk; and\na court decides the person is not responsible for the public health risk.\n(sec.417-ssec.1) A person of whom a personal details requirement is made must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—50 penalty units.\n(sec.417-ssec.2) A person does not commit an offence against subsection (1) if— the person was required to state the person’s name and residential address by an authorised person who suspected the person had committed an offence against this Act; and the person is not proved to have committed the offence.\n(sec.417-ssec.3) Also, a person does not commit an offence against subsection (1) if— the person was required to state the person’s name and residential address by an authorised person who suspected the person was responsible for a public health risk; and a court decides the person is not responsible for the public health risk.\n- (a) the person was required to state the person’s name and residential address by an authorised person who suspected the person had committed an offence against this Act; and\n- (b) the person is not proved to have committed the offence.\n- (a) the person was required to state the person’s name and residential address by an authorised person who suspected the person was responsible for a public health risk; and\n- (b) a court decides the person is not responsible for the public health risk.","sortOrder":755},{"sectionNumber":"sec.418","sectionType":"section","heading":"Power to require production of documents","content":"### sec.418 Power to require production of documents\n\nAn authorised person may require a person to make available for inspection by the authorised person, or produce to the authorised person for inspection, at a reasonable time and place nominated by the authorised person—\na document issued to the person under this Act; or\na document required to be kept by the person under this Act.\nThe authorised person may keep the document to copy it.\nIf the authorised person copies the document, or an entry in the document, the authorised person may require the person responsible for keeping the document to certify the copy as a true copy of the document or entry.\nThe authorised person must return the document to the person as soon as practicable after copying it.\nHowever, if a requirement (a document certification requirement ) is made of a person under subsection (3) , the authorised person may keep the document until the person complies with the requirement.\nA requirement under subsection (1) is a document production requirement .\n(sec.418-ssec.1) An authorised person may require a person to make available for inspection by the authorised person, or produce to the authorised person for inspection, at a reasonable time and place nominated by the authorised person— a document issued to the person under this Act; or a document required to be kept by the person under this Act.\n(sec.418-ssec.2) The authorised person may keep the document to copy it.\n(sec.418-ssec.3) If the authorised person copies the document, or an entry in the document, the authorised person may require the person responsible for keeping the document to certify the copy as a true copy of the document or entry.\n(sec.418-ssec.4) The authorised person must return the document to the person as soon as practicable after copying it.\n(sec.418-ssec.5) However, if a requirement (a document certification requirement ) is made of a person under subsection (3) , the authorised person may keep the document until the person complies with the requirement.\n(sec.418-ssec.6) A requirement under subsection (1) is a document production requirement .\n- (a) a document issued to the person under this Act; or\n- (b) a document required to be kept by the person under this Act.","sortOrder":756},{"sectionNumber":"sec.419","sectionType":"section","heading":"Failure to produce document","content":"### sec.419 Failure to produce document\n\nA person of whom a document production requirement is made must comply with the requirement, unless the person has a reasonable excuse.\nMaximum penalty—50 penalty units.\nIt is not a reasonable excuse for a person not to comply with a document production requirement that complying with the requirement might tend to incriminate the person.\n(sec.419-ssec.1) A person of whom a document production requirement is made must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—50 penalty units.\n(sec.419-ssec.2) It is not a reasonable excuse for a person not to comply with a document production requirement that complying with the requirement might tend to incriminate the person.","sortOrder":757},{"sectionNumber":"sec.420","sectionType":"section","heading":"Failure to certify copy of document","content":"### sec.420 Failure to certify copy of document\n\nA person of whom a document certification requirement is made must comply with the requirement, unless the person has a reasonable excuse.\nMaximum penalty—50 penalty units.","sortOrder":758},{"sectionNumber":"ch.9-pt.3","sectionType":"part","heading":"General enforcement matters","content":"# General enforcement matters","sortOrder":759},{"sectionNumber":"sec.421","sectionType":"section","heading":"Notice of damage","content":"### sec.421 Notice of damage\n\nThis section applies if—\nan authorised person damages property when exercising or purporting to exercise a power; or\na person (the other person ) acting under the direction or authority of an authorised person damages property.\nThe authorised person must immediately give notice of particulars of the damage to the person who appears to the authorised person to be the owner of the property.\nIf the authorised person believes the damage was caused by a latent defect in the property or circumstances beyond the authorised person’s or other person’s control, the authorised person may state the belief in the notice.\nIf, for any reason, it is impracticable to comply with subsection (2) , the authorised person must leave the notice in a conspicuous position and in a reasonably secure way where the damage happened.\nThis section does not apply to damage the authorised person reasonably believes is trivial.\nIn this section—\nowner , of property, includes the person in possession or control of it.\n(sec.421-ssec.1) This section applies if— an authorised person damages property when exercising or purporting to exercise a power; or a person (the other person ) acting under the direction or authority of an authorised person damages property.\n(sec.421-ssec.2) The authorised person must immediately give notice of particulars of the damage to the person who appears to the authorised person to be the owner of the property.\n(sec.421-ssec.3) If the authorised person believes the damage was caused by a latent defect in the property or circumstances beyond the authorised person’s or other person’s control, the authorised person may state the belief in the notice.\n(sec.421-ssec.4) If, for any reason, it is impracticable to comply with subsection (2) , the authorised person must leave the notice in a conspicuous position and in a reasonably secure way where the damage happened.\n(sec.421-ssec.5) This section does not apply to damage the authorised person reasonably believes is trivial.\n(sec.421-ssec.6) In this section— owner , of property, includes the person in possession or control of it.\n- (a) an authorised person damages property when exercising or purporting to exercise a power; or\n- (b) a person (the other person ) acting under the direction or authority of an authorised person damages property.","sortOrder":760},{"sectionNumber":"sec.422","sectionType":"section","heading":"Compensation","content":"### sec.422 Compensation\n\nIf a person incurs loss or expense because of the exercise or purported exercise of a power under part 2 or chapter 2 , part 4 the person may claim compensation—\nfor the exercise or purported exercise of a power by or for the State—from the State; or\nfor the exercise or purported exercise of a power by or for a local government—from the local government.\nWithout limiting subsection (1) , compensation may be claimed for loss or expense incurred in complying with a requirement made of the person under part 2 or chapter 2 , part 4 .\nCompensation may be claimed and ordered to be paid in a proceeding—\nbrought in a court with jurisdiction for the recovery of the amount of compensation claimed; or\nfor an offence against this Act brought against the person claiming compensation.\nA court may order compensation to be paid only if it is satisfied it is just to make the order in the circumstances of the particular case.\n(sec.422-ssec.1) If a person incurs loss or expense because of the exercise or purported exercise of a power under part 2 or chapter 2 , part 4 the person may claim compensation— for the exercise or purported exercise of a power by or for the State—from the State; or for the exercise or purported exercise of a power by or for a local government—from the local government.\n(sec.422-ssec.2) Without limiting subsection (1) , compensation may be claimed for loss or expense incurred in complying with a requirement made of the person under part 2 or chapter 2 , part 4 .\n(sec.422-ssec.3) Compensation may be claimed and ordered to be paid in a proceeding— brought in a court with jurisdiction for the recovery of the amount of compensation claimed; or for an offence against this Act brought against the person claiming compensation.\n(sec.422-ssec.4) A court may order compensation to be paid only if it is satisfied it is just to make the order in the circumstances of the particular case.\n- (a) for the exercise or purported exercise of a power by or for the State—from the State; or\n- (b) for the exercise or purported exercise of a power by or for a local government—from the local government.\n- (a) brought in a court with jurisdiction for the recovery of the amount of compensation claimed; or\n- (b) for an offence against this Act brought against the person claiming compensation.","sortOrder":761},{"sectionNumber":"sec.423","sectionType":"section","heading":"False or misleading statements","content":"### sec.423 False or misleading statements\n\nA person must not state anything to an authorised person the person knows is false or misleading in a material particular.\nMaximum penalty—100 penalty units.","sortOrder":762},{"sectionNumber":"sec.424","sectionType":"section","heading":"False or misleading documents","content":"### sec.424 False or misleading documents\n\nA person must not give an authorised person a document containing information the person knows is false or misleading in a material particular.\nMaximum penalty—100 penalty units.\nSubsection (1) does not apply to a person if the person, when giving the document—\ntells the authorised person, to the best of the person’s ability, how it is false or misleading; and\nif the person has, or can reasonably obtain, the correct information—gives the correct information.\n(sec.424-ssec.1) A person must not give an authorised person a document containing information the person knows is false or misleading in a material particular. Maximum penalty—100 penalty units.\n(sec.424-ssec.2) Subsection (1) does not apply to a person if the person, when giving the document— tells the authorised person, to the best of the person’s ability, how it is false or misleading; and if the person has, or can reasonably obtain, the correct information—gives the correct information.\n- (a) tells the authorised person, to the best of the person’s ability, how it is false or misleading; and\n- (b) if the person has, or can reasonably obtain, the correct information—gives the correct information.","sortOrder":763},{"sectionNumber":"sec.425","sectionType":"section","heading":"Obstructing authorised persons","content":"### sec.425 Obstructing authorised persons\n\nA person must not obstruct an authorised person in the exercise of a power, unless the person has a reasonable excuse.\nMaximum penalty—100 penalty units.\nIf a person has obstructed an authorised person and the authorised person decides to proceed with the exercise of the power, the authorised person must warn the person that—\nit is an offence to obstruct the authorised person, unless the person has a reasonable excuse; and\nthe authorised person considers the person’s conduct is an obstruction.\n(sec.425-ssec.1) A person must not obstruct an authorised person in the exercise of a power, unless the person has a reasonable excuse. Maximum penalty—100 penalty units.\n(sec.425-ssec.2) If a person has obstructed an authorised person and the authorised person decides to proceed with the exercise of the power, the authorised person must warn the person that— it is an offence to obstruct the authorised person, unless the person has a reasonable excuse; and the authorised person considers the person’s conduct is an obstruction.\n- (a) it is an offence to obstruct the authorised person, unless the person has a reasonable excuse; and\n- (b) the authorised person considers the person’s conduct is an obstruction.","sortOrder":764},{"sectionNumber":"sec.426","sectionType":"section","heading":"Impersonation of authorised persons","content":"### sec.426 Impersonation of authorised persons\n\nA person must not pretend to be an authorised person.\nMaximum penalty—100 penalty units.","sortOrder":765},{"sectionNumber":"ch.9-pt.4","sectionType":"part","heading":"Approved inspection programs","content":"# Approved inspection programs","sortOrder":766},{"sectionNumber":"sec.427","sectionType":"section","heading":"Approved inspection program","content":"### sec.427 Approved inspection program\n\nThe chief executive or a chief executive officer may approve a program (an approved inspection program ) under which authorised persons may enter places to monitor compliance with a regulation made under section 61 .\nThe chief executive may approve a program only if—\nthe regulation under section 61 is to be administered and enforced by the State only; or\nthe regulation under section 61 is to be administered and enforced by local governments only and the chief executive—\nhas agreed to do the thing in the administration or enforcement of this Act under section 14 ; or\nis acting under section 15 in relation to the regulation.\nA chief executive officer of a local government may approve a program for the local government’s area only if—\nthe regulation under section 61 is to be administered and enforced by local governments only; or\nif the regulation under section 61 is to be administered and enforced by the State only, the local government has agreed to do a thing in the administration or enforcement of this Act under section 14 .\nAn approved inspection program must be a selective inspection program or systematic inspection program.\nA selective inspection program provides for the selection, in accordance with the chief executive’s or chief executive officer’s approval, of places in an area to be entered and inspected under the approval.\nA systematic inspection program provides for all places, or all places of a particular type, in an area, to be entered and inspected under the approval.\nAn approved inspection program must state the following—\nthe purpose of the program;\nwhen the program starts;\nfor a selective inspection program, objective criteria for selecting places to be entered and inspected;\nfor a systematic inspection program, if a type of place is to be entered and inspected, a description of the type;\nthe period of not more than 3 months, or another period of not more than 6 months prescribed under a regulation, over which the program is to be carried out.\nThe only entry that may be made under an approved inspection program is by an authorised person under section 389 .\n(sec.427-ssec.1) The chief executive or a chief executive officer may approve a program (an approved inspection program ) under which authorised persons may enter places to monitor compliance with a regulation made under section 61 .\n(sec.427-ssec.2) The chief executive may approve a program only if— the regulation under section 61 is to be administered and enforced by the State only; or the regulation under section 61 is to be administered and enforced by local governments only and the chief executive— has agreed to do the thing in the administration or enforcement of this Act under section 14 ; or is acting under section 15 in relation to the regulation.\n(sec.427-ssec.3) A chief executive officer of a local government may approve a program for the local government’s area only if— the regulation under section 61 is to be administered and enforced by local governments only; or if the regulation under section 61 is to be administered and enforced by the State only, the local government has agreed to do a thing in the administration or enforcement of this Act under section 14 .\n(sec.427-ssec.4) An approved inspection program must be a selective inspection program or systematic inspection program.\n(sec.427-ssec.5) A selective inspection program provides for the selection, in accordance with the chief executive’s or chief executive officer’s approval, of places in an area to be entered and inspected under the approval.\n(sec.427-ssec.6) A systematic inspection program provides for all places, or all places of a particular type, in an area, to be entered and inspected under the approval.\n(sec.427-ssec.7) An approved inspection program must state the following— the purpose of the program; when the program starts; for a selective inspection program, objective criteria for selecting places to be entered and inspected; for a systematic inspection program, if a type of place is to be entered and inspected, a description of the type; the period of not more than 3 months, or another period of not more than 6 months prescribed under a regulation, over which the program is to be carried out.\n(sec.427-ssec.8) The only entry that may be made under an approved inspection program is by an authorised person under section 389 .\n- (a) the regulation under section 61 is to be administered and enforced by the State only; or\n- (b) the regulation under section 61 is to be administered and enforced by local governments only and the chief executive— (i) has agreed to do the thing in the administration or enforcement of this Act under section 14 ; or (ii) is acting under section 15 in relation to the regulation.\n- (i) has agreed to do the thing in the administration or enforcement of this Act under section 14 ; or\n- (ii) is acting under section 15 in relation to the regulation.\n- (i) has agreed to do the thing in the administration or enforcement of this Act under section 14 ; or\n- (ii) is acting under section 15 in relation to the regulation.\n- (a) the regulation under section 61 is to be administered and enforced by local governments only; or\n- (b) if the regulation under section 61 is to be administered and enforced by the State only, the local government has agreed to do a thing in the administration or enforcement of this Act under section 14 .\n- (a) the purpose of the program;\n- (b) when the program starts;\n- (c) for a selective inspection program, objective criteria for selecting places to be entered and inspected;\n- (d) for a systematic inspection program, if a type of place is to be entered and inspected, a description of the type;\n- (e) the period of not more than 3 months, or another period of not more than 6 months prescribed under a regulation, over which the program is to be carried out.","sortOrder":767},{"sectionNumber":"sec.428","sectionType":"section","heading":"Notice of proposed inspection program","content":"### sec.428 Notice of proposed inspection program\n\nAt least 14 days, but not more than 28 days, before an approved inspection program starts, the chief executive or chief executive officer must publish the program by newspaper, radio or television in the area to which the approved inspection program relates.\nThe publication must state the following—\nthe area to which the approved inspection program relates;\nin general terms, the purpose and scope of the program;\nwhen the program starts;\nthe period over which the program is to be carried out;\nwho is to undertake the program.\n(sec.428-ssec.1) At least 14 days, but not more than 28 days, before an approved inspection program starts, the chief executive or chief executive officer must publish the program by newspaper, radio or television in the area to which the approved inspection program relates.\n(sec.428-ssec.2) The publication must state the following— the area to which the approved inspection program relates; in general terms, the purpose and scope of the program; when the program starts; the period over which the program is to be carried out; who is to undertake the program.\n- (a) the area to which the approved inspection program relates;\n- (b) in general terms, the purpose and scope of the program;\n- (c) when the program starts;\n- (d) the period over which the program is to be carried out;\n- (e) who is to undertake the program.","sortOrder":768},{"sectionNumber":"sec.429","sectionType":"section","heading":"Access to program","content":"### sec.429 Access to program\n\nFrom the publication of the notice about an approved inspection program until the end of the program, a copy of the program must, if asked for by a person, be provided to the person by the chief executive or chief executive officer on payment of a fee that is not more than the cost of providing the copy to the person.","sortOrder":769},{"sectionNumber":"ch.9-pt.5","sectionType":"part","heading":"Analysis of things","content":"# Analysis of things","sortOrder":770},{"sectionNumber":"sec.430","sectionType":"section","heading":"Appointment and qualifications","content":"### sec.430 Appointment and qualifications\n\nThe chief executive may appoint any of the following persons as a State analyst—\na public service officer or an employee of the department;\na health service employee;\na person prescribed under a regulation.\nHowever, the chief executive may appoint a person as a State analyst only if the chief executive is satisfied the person is qualified for appointment because the person has the necessary expertise or experience.\n(sec.430-ssec.1) The chief executive may appoint any of the following persons as a State analyst— a public service officer or an employee of the department; a health service employee; a person prescribed under a regulation.\n(sec.430-ssec.2) However, the chief executive may appoint a person as a State analyst only if the chief executive is satisfied the person is qualified for appointment because the person has the necessary expertise or experience.\n- (a) a public service officer or an employee of the department;\n- (b) a health service employee;\n- (c) a person prescribed under a regulation.","sortOrder":771},{"sectionNumber":"sec.431","sectionType":"section","heading":"Appointment conditions","content":"### sec.431 Appointment conditions\n\nA State analyst holds office on any conditions stated in—\nthe State analyst’s instrument of appointment; or\na signed notice given to the State analyst; or\na regulation.\nIn this section—\nsigned notice means a notice signed by the chief executive.\n(sec.431-ssec.1) A State analyst holds office on any conditions stated in— the State analyst’s instrument of appointment; or a signed notice given to the State analyst; or a regulation.\n(sec.431-ssec.2) In this section— signed notice means a notice signed by the chief executive.\n- (a) the State analyst’s instrument of appointment; or\n- (b) a signed notice given to the State analyst; or\n- (c) a regulation.","sortOrder":772},{"sectionNumber":"sec.432","sectionType":"section","heading":"When State analyst ceases to hold office","content":"### sec.432 When State analyst ceases to hold office\n\nA State analyst ceases to hold office if any of the following happens—\nthe term of office stated in a condition of office ends;\nunder another condition of office, the State analyst ceases to hold office;\nthe State analyst’s resignation under section 433 takes effect.\nSubsection (1) does not limit the ways a State analyst may cease to hold office.\nIn this section—\ncondition of office means a condition on which the State analyst holds office.\n(sec.432-ssec.1) A State analyst ceases to hold office if any of the following happens— the term of office stated in a condition of office ends; under another condition of office, the State analyst ceases to hold office; the State analyst’s resignation under section 433 takes effect.\n(sec.432-ssec.2) Subsection (1) does not limit the ways a State analyst may cease to hold office.\n(sec.432-ssec.3) In this section— condition of office means a condition on which the State analyst holds office.\n- (a) the term of office stated in a condition of office ends;\n- (b) under another condition of office, the State analyst ceases to hold office;\n- (c) the State analyst’s resignation under section 433 takes effect.","sortOrder":773},{"sectionNumber":"sec.433","sectionType":"section","heading":"Resignation","content":"### sec.433 Resignation\n\nA State analyst may resign by signed notice given to the chief executive.","sortOrder":774},{"sectionNumber":"sec.434","sectionType":"section","heading":"Chief executive may approve laboratory","content":"### sec.434 Chief executive may approve laboratory\n\nThe chief executive may approve a laboratory to analyse things taken under this Act if the chief executive is satisfied the laboratory has the resources and expertise to conduct the analysis.","sortOrder":775},{"sectionNumber":"sec.435","sectionType":"section","heading":"Analysis","content":"### sec.435 Analysis\n\nIf an authorised person takes a thing for analysis under this Act, the authorised person must as soon as practicable give it to a State analyst for analysis.\nIf a State analyst receives a thing for analysis under subsection (1) , the State analyst must as soon as practicable—\nanalyse the thing; or\ngive the thing to an approved laboratory for analysis.\nIf the State analyst analyses the thing, the State analyst must, as soon as practicable after analysing it—\ncomplete a certificate of analysis for it; and\ngive the certificate to the authorised person who took the thing for analysis.\nIf an approved laboratory analyses the thing, the State analyst must, as soon as practicable after it is analysed—\nobtain a certificate of analysis for it from the approved laboratory; and\ngive the certificate to the authorised person who took the thing for analysis.\n(sec.435-ssec.1) If an authorised person takes a thing for analysis under this Act, the authorised person must as soon as practicable give it to a State analyst for analysis.\n(sec.435-ssec.2) If a State analyst receives a thing for analysis under subsection (1) , the State analyst must as soon as practicable— analyse the thing; or give the thing to an approved laboratory for analysis.\n(sec.435-ssec.3) If the State analyst analyses the thing, the State analyst must, as soon as practicable after analysing it— complete a certificate of analysis for it; and give the certificate to the authorised person who took the thing for analysis.\n(sec.435-ssec.4) If an approved laboratory analyses the thing, the State analyst must, as soon as practicable after it is analysed— obtain a certificate of analysis for it from the approved laboratory; and give the certificate to the authorised person who took the thing for analysis.\n- (a) analyse the thing; or\n- (b) give the thing to an approved laboratory for analysis.\n- (a) complete a certificate of analysis for it; and\n- (b) give the certificate to the authorised person who took the thing for analysis.\n- (a) obtain a certificate of analysis for it from the approved laboratory; and\n- (b) give the certificate to the authorised person who took the thing for analysis.","sortOrder":776},{"sectionNumber":"sec.436","sectionType":"section","heading":"Certificate must indicate methodology used","content":"### sec.436 Certificate must indicate methodology used\n\nThe certificate of analysis must include information about the methodology used to conduct the analysis.","sortOrder":777},{"sectionNumber":"ch.10-pt.1","sectionType":"part","heading":"Application","content":"# Application","sortOrder":778},{"sectionNumber":"sec.437","sectionType":"section","heading":"Application of ch 10","content":"### sec.437 Application of ch 10\n\nThis chapter applies to a proceeding under this Act.","sortOrder":779},{"sectionNumber":"ch.10-pt.2","sectionType":"part","heading":"Evidence","content":"# Evidence","sortOrder":780},{"sectionNumber":"sec.438","sectionType":"section","heading":"Appointments and authority","content":"### sec.438 Appointments and authority\n\nThe following must be presumed unless a party to the proceeding, by reasonable notice, requires proof of it—\nthe chief executive’s appointment;\na chief executive officer’s appointment;\nan authorised person’s appointment;\na contact tracing officer’s appointment;\nan emergency officer’s appointment;\na designated medical officer’s appointment;\na state analyst’s appointment;\nthe authority of the chief executive, a local government, a chief executive officer, an authorised person, a contact tracing officer, an emergency officer, a designated medical officer or a state analyst, to do anything under this Act.\n- (a) the chief executive’s appointment;\n- (b) a chief executive officer’s appointment;\n- (c) an authorised person’s appointment;\n- (d) a contact tracing officer’s appointment;\n- (e) an emergency officer’s appointment;\n- (f) a designated medical officer’s appointment;\n- (g) a state analyst’s appointment;\n- (h) the authority of the chief executive, a local government, a chief executive officer, an authorised person, a contact tracing officer, an emergency officer, a designated medical officer or a state analyst, to do anything under this Act.","sortOrder":781},{"sectionNumber":"sec.439","sectionType":"section","heading":"Signatures","content":"### sec.439 Signatures\n\nA signature purporting to be the signature of the chief executive, a chief executive officer, an authorised person, a contact tracing officer, an emergency officer, a designated medical officer or a state analyst is evidence of the signature it purports to be.","sortOrder":782},{"sectionNumber":"sec.440","sectionType":"section","heading":"Evidentiary provisions","content":"### sec.440 Evidentiary provisions\n\nA certificate purporting to be signed by the chief executive or a chief executive officer and stating any of the following matters is evidence of the matter—\na stated document is one of the following things made, given, issued or kept under this Act—\nan appointment, approval or decision;\na notice or requirement;\na record, or an extract from a record;\na stated document is another document kept under this Act;\na stated document is a copy of a thing mentioned in paragraph (a) or (b) ;\non a stated day, or during a stated period, an appointment as an authorised person, a contact tracing officer, an emergency officer, a designated medical officer or State analyst was, or was not, in force for a stated person;\non a stated day, or during a stated period, an approval as an approved laboratory was, or was not, in force for a stated entity;\non a stated day, a stated person was given a stated notice under this Act;\non a stated day, a stated requirement was made of a stated person;\na stated amount is payable under this Act by a stated person and has not been paid.\nA certificate of analysis for a thing taken for analysis under this Act stating any of the following matters is evidence of the matters—\nthe qualifications of the person (the analyst ) who conducted the analysis;\nthe analyst received the thing from a stated person;\nthe thing was analysed at a stated place on a stated day or during a stated period;\nthe methodology used to analyse the thing;\nthe results of the analysis.\nIn a complaint starting a proceeding, a statement that the matter of complaint came to the complainant’s knowledge on a stated day is evidence of when the matter came to the complainant’s knowledge.\nIn a proceeding in which the State or a local government applies under section 443 to recover costs incurred by the State or local government, a certificate by the chief executive for the State or the chief executive officer of the local government stating that stated costs were incurred and the way in which, and purpose for which, they were incurred is evidence of the matters stated.\n(sec.440-ssec.1) A certificate purporting to be signed by the chief executive or a chief executive officer and stating any of the following matters is evidence of the matter— a stated document is one of the following things made, given, issued or kept under this Act— an appointment, approval or decision; a notice or requirement; a record, or an extract from a record; a stated document is another document kept under this Act; a stated document is a copy of a thing mentioned in paragraph (a) or (b) ; on a stated day, or during a stated period, an appointment as an authorised person, a contact tracing officer, an emergency officer, a designated medical officer or State analyst was, or was not, in force for a stated person; on a stated day, or during a stated period, an approval as an approved laboratory was, or was not, in force for a stated entity; on a stated day, a stated person was given a stated notice under this Act; on a stated day, a stated requirement was made of a stated person; a stated amount is payable under this Act by a stated person and has not been paid.\n(sec.440-ssec.2) A certificate of analysis for a thing taken for analysis under this Act stating any of the following matters is evidence of the matters— the qualifications of the person (the analyst ) who conducted the analysis; the analyst received the thing from a stated person; the thing was analysed at a stated place on a stated day or during a stated period; the methodology used to analyse the thing; the results of the analysis.\n(sec.440-ssec.3) In a complaint starting a proceeding, a statement that the matter of complaint came to the complainant’s knowledge on a stated day is evidence of when the matter came to the complainant’s knowledge.\n(sec.440-ssec.4) In a proceeding in which the State or a local government applies under section 443 to recover costs incurred by the State or local government, a certificate by the chief executive for the State or the chief executive officer of the local government stating that stated costs were incurred and the way in which, and purpose for which, they were incurred is evidence of the matters stated.\n- (a) a stated document is one of the following things made, given, issued or kept under this Act— (i) an appointment, approval or decision; (ii) a notice or requirement; (iii) a record, or an extract from a record;\n- (i) an appointment, approval or decision;\n- (ii) a notice or requirement;\n- (iii) a record, or an extract from a record;\n- (b) a stated document is another document kept under this Act;\n- (c) a stated document is a copy of a thing mentioned in paragraph (a) or (b) ;\n- (d) on a stated day, or during a stated period, an appointment as an authorised person, a contact tracing officer, an emergency officer, a designated medical officer or State analyst was, or was not, in force for a stated person;\n- (e) on a stated day, or during a stated period, an approval as an approved laboratory was, or was not, in force for a stated entity;\n- (f) on a stated day, a stated person was given a stated notice under this Act;\n- (g) on a stated day, a stated requirement was made of a stated person;\n- (h) a stated amount is payable under this Act by a stated person and has not been paid.\n- (i) an appointment, approval or decision;\n- (ii) a notice or requirement;\n- (iii) a record, or an extract from a record;\n- (a) the qualifications of the person (the analyst ) who conducted the analysis;\n- (b) the analyst received the thing from a stated person;\n- (c) the thing was analysed at a stated place on a stated day or during a stated period;\n- (d) the methodology used to analyse the thing;\n- (e) the results of the analysis.","sortOrder":783},{"sectionNumber":"ch.10-pt.3","sectionType":"part","heading":"Proceedings","content":"# Proceedings","sortOrder":784},{"sectionNumber":"sec.441","sectionType":"section","heading":"Summary offences","content":"### sec.441 Summary offences\n\nSubject to section 213I , a proceeding for an offence against this Act is to be taken in a summary way under the Justices Act 1886 .\nThe proceeding must start within the later of the following periods to end—\n1 year after the commission of the offence;\n6 months after the offence comes to the complainant’s knowledge, but within 2 years after the commission of the offence.\ns 441 amd 2020 No. 31 s 31\n(sec.441-ssec.1) Subject to section 213I , a proceeding for an offence against this Act is to be taken in a summary way under the Justices Act 1886 .\n(sec.441-ssec.2) The proceeding must start within the later of the following periods to end— 1 year after the commission of the offence; 6 months after the offence comes to the complainant’s knowledge, but within 2 years after the commission of the offence.\n- (a) 1 year after the commission of the offence;\n- (b) 6 months after the offence comes to the complainant’s knowledge, but within 2 years after the commission of the offence.","sortOrder":785},{"sectionNumber":"sec.442","sectionType":"section","heading":"Allegations of false or misleading information or document","content":"### sec.442 Allegations of false or misleading information or document\n\nIn any proceeding for an offence against this Act defined as involving false or misleading information, or a false or misleading document, it is enough for a charge to state that the information or document was, without specifying which, ‘false or misleading’.","sortOrder":786},{"sectionNumber":"sec.443","sectionType":"section","heading":"Recovery of costs of investigation","content":"### sec.443 Recovery of costs of investigation\n\nThis section applies if—\na court convicts a person of an offence against this Act; and\nthe State or a local government applies to the court for an order against the person for the payment of the costs the State or the local government has incurred in taking a thing or doing something else during the investigation of the offence; and\nthe court finds the State or local government has reasonably incurred the costs.\nThe court may order the person to pay the State or local government an amount equal to the costs if it is satisfied it would be just to make the order in the circumstances of the particular case.\nThis section does not limit the court’s powers under the Penalties and Sentences Act 1992 or another law.\n(sec.443-ssec.1) This section applies if— a court convicts a person of an offence against this Act; and the State or a local government applies to the court for an order against the person for the payment of the costs the State or the local government has incurred in taking a thing or doing something else during the investigation of the offence; and the court finds the State or local government has reasonably incurred the costs.\n(sec.443-ssec.2) The court may order the person to pay the State or local government an amount equal to the costs if it is satisfied it would be just to make the order in the circumstances of the particular case.\n(sec.443-ssec.3) This section does not limit the court’s powers under the Penalties and Sentences Act 1992 or another law.\n- (a) a court convicts a person of an offence against this Act; and\n- (b) the State or a local government applies to the court for an order against the person for the payment of the costs the State or the local government has incurred in taking a thing or doing something else during the investigation of the offence; and\n- (c) the court finds the State or local government has reasonably incurred the costs.","sortOrder":787},{"sectionNumber":"sec.444","sectionType":"section","heading":"Application for order for payment of costs under s 443","content":"### sec.444 Application for order for payment of costs under s 443\n\nAn application to a court under section 443 is, and any order made by the court on the application is a judgment, in the court’s civil jurisdiction.\nAny issue on the application is to be decided on the balance of probabilities.\n(sec.444-ssec.1) An application to a court under section 443 is, and any order made by the court on the application is a judgment, in the court’s civil jurisdiction.\n(sec.444-ssec.2) Any issue on the application is to be decided on the balance of probabilities.","sortOrder":788},{"sectionNumber":"sec.445","sectionType":"section","heading":"Forfeiture on conviction","content":"### sec.445 Forfeiture on conviction\n\nOn conviction of a person for an offence against this Act, a court may order the forfeiture to the State or a local government of—\nanything used to commit the offence; or\nanything else the subject of the offence.\nThe court may make the order—\nwhether or not the thing has been seized; and\nif the thing has been seized, whether or not the thing has been returned to its owner.\nThe court may make any order to enforce the forfeiture it considers appropriate.\nThis section does not limit the court’s powers under the Penalties and Sentences Act 1992 or another law.\n(sec.445-ssec.1) On conviction of a person for an offence against this Act, a court may order the forfeiture to the State or a local government of— anything used to commit the offence; or anything else the subject of the offence.\n(sec.445-ssec.2) The court may make the order— whether or not the thing has been seized; and if the thing has been seized, whether or not the thing has been returned to its owner.\n(sec.445-ssec.3) The court may make any order to enforce the forfeiture it considers appropriate.\n(sec.445-ssec.4) This section does not limit the court’s powers under the Penalties and Sentences Act 1992 or another law.\n- (a) anything used to commit the offence; or\n- (b) anything else the subject of the offence.\n- (a) whether or not the thing has been seized; and\n- (b) if the thing has been seized, whether or not the thing has been returned to its owner.","sortOrder":789},{"sectionNumber":"sec.446","sectionType":"section","heading":"Dealing with forfeited thing","content":"### sec.446 Dealing with forfeited thing\n\nOn the forfeiture of a thing to the State or a local government, the thing becomes the State’s or local government’s property and may be dealt with by the State or local government as the State or local government considers appropriate.\nWithout limiting subsection (1) , the State or local government may destroy the thing.\n(sec.446-ssec.1) On the forfeiture of a thing to the State or a local government, the thing becomes the State’s or local government’s property and may be dealt with by the State or local government as the State or local government considers appropriate.\n(sec.446-ssec.2) Without limiting subsection (1) , the State or local government may destroy the thing.","sortOrder":790},{"sectionNumber":"sec.447","sectionType":"section","heading":"Responsibility for acts or omissions of representative","content":"### sec.447 Responsibility for acts or omissions of representative\n\nThis section applies in a proceeding for an offence against this Act.\nIf it is relevant to prove a person’s state of mind about a particular act or omission, it is enough to show—\nthe act was done or omitted to be done by a representative of the person within the scope of the representative’s actual or apparent authority; and\nthe representative had the state of mind.\nAn act done or omitted to be done for a person by a representative of the person within the scope of the representative’s actual or apparent authority is taken to have been done or omitted to be done also by the person, unless the person proves the person could not, by the exercise of reasonable diligence, have prevented the act or omission.\nIn this section—\nrepresentative means—\nfor a corporation—an executive officer, employee or agent of the corporation; or\nfor an individual—an employee or agent of the individual.\nstate of mind of a person includes—\nthe person’s knowledge, intention, opinion, belief or purpose; and\nthe person’s reasons for the intention, opinion, belief or purpose.\n(sec.447-ssec.1) This section applies in a proceeding for an offence against this Act.\n(sec.447-ssec.2) If it is relevant to prove a person’s state of mind about a particular act or omission, it is enough to show— the act was done or omitted to be done by a representative of the person within the scope of the representative’s actual or apparent authority; and the representative had the state of mind.\n(sec.447-ssec.3) An act done or omitted to be done for a person by a representative of the person within the scope of the representative’s actual or apparent authority is taken to have been done or omitted to be done also by the person, unless the person proves the person could not, by the exercise of reasonable diligence, have prevented the act or omission.\n(sec.447-ssec.4) In this section— representative means— for a corporation—an executive officer, employee or agent of the corporation; or for an individual—an employee or agent of the individual. state of mind of a person includes— the person’s knowledge, intention, opinion, belief or purpose; and the person’s reasons for the intention, opinion, belief or purpose.\n- (a) the act was done or omitted to be done by a representative of the person within the scope of the representative’s actual or apparent authority; and\n- (b) the representative had the state of mind.\n- (a) for a corporation—an executive officer, employee or agent of the corporation; or\n- (b) for an individual—an employee or agent of the individual.\n- (a) the person’s knowledge, intention, opinion, belief or purpose; and\n- (b) the person’s reasons for the intention, opinion, belief or purpose.","sortOrder":791},{"sectionNumber":"sec.448","sectionType":"section","heading":"Liability of executive officer—particular offences committed by corporation","content":"### sec.448 Liability of executive officer—particular offences committed by corporation\n\nAn executive officer of a corporation commits an offence if—\nthe corporation commits an offence against an executive liability provision; and\nthe officer did not take all reasonable steps to ensure the corporation did not engage in the conduct constituting the offence.\nMaximum penalty—the penalty for a contravention of the executive liability provision by an individual.\nIn deciding whether things done or omitted to be done by the executive officer constitute reasonable steps for subsection (1) (b) , a court must have regard to—\nwhether the officer knew, or ought reasonably to have known, of the corporation’s conduct constituting the offence against the executive liability provision; and\nwhether the officer was in a position to influence the corporation’s conduct in relation to the offence against the executive liability provision; and\nany other relevant matter.\nThe executive officer may be proceeded against for, and convicted of, an offence against subsection (1) whether or not the corporation has been proceeded against for, or convicted of, the offence against the executive liability provision.\nThis section does not affect—\nthe liability of the corporation for the offence against the executive liability provision; or\nthe liability, under the Criminal Code , chapter 2 , of any person, whether or not the person is an executive officer of the corporation, for the offence against the executive liability provision.\nIn this section—\nexecutive liability provision means either of the following provisions—\nsection 57E\nsection 57F (2) .\ns 448 sub 2013 No. 51 s 170\n(sec.448-ssec.1) An executive officer of a corporation commits an offence if— the corporation commits an offence against an executive liability provision; and the officer did not take all reasonable steps to ensure the corporation did not engage in the conduct constituting the offence. Maximum penalty—the penalty for a contravention of the executive liability provision by an individual.\n(sec.448-ssec.2) In deciding whether things done or omitted to be done by the executive officer constitute reasonable steps for subsection (1) (b) , a court must have regard to— whether the officer knew, or ought reasonably to have known, of the corporation’s conduct constituting the offence against the executive liability provision; and whether the officer was in a position to influence the corporation’s conduct in relation to the offence against the executive liability provision; and any other relevant matter.\n(sec.448-ssec.3) The executive officer may be proceeded against for, and convicted of, an offence against subsection (1) whether or not the corporation has been proceeded against for, or convicted of, the offence against the executive liability provision.\n(sec.448-ssec.4) This section does not affect— the liability of the corporation for the offence against the executive liability provision; or the liability, under the Criminal Code , chapter 2 , of any person, whether or not the person is an executive officer of the corporation, for the offence against the executive liability provision.\n(sec.448-ssec.5) In this section— executive liability provision means either of the following provisions— section 57E section 57F (2) .\n- (a) the corporation commits an offence against an executive liability provision; and\n- (b) the officer did not take all reasonable steps to ensure the corporation did not engage in the conduct constituting the offence.\n- (a) whether the officer knew, or ought reasonably to have known, of the corporation’s conduct constituting the offence against the executive liability provision; and\n- (b) whether the officer was in a position to influence the corporation’s conduct in relation to the offence against the executive liability provision; and\n- (c) any other relevant matter.\n- (a) the liability of the corporation for the offence against the executive liability provision; or\n- (b) the liability, under the Criminal Code , chapter 2 , of any person, whether or not the person is an executive officer of the corporation, for the offence against the executive liability provision.\n- • section 57E\n- • section 57F (2) .","sortOrder":792},{"sectionNumber":"sec.449","sectionType":"section","heading":"Fines payable to local government","content":"### sec.449 Fines payable to local government\n\nSubsection (2) applies if—\na proceeding for an offence about a matter is taken by a local government; and\na court imposes a fine for the offence.\nThe fine must be paid to the local government.\n(sec.449-ssec.1) Subsection (2) applies if— a proceeding for an offence about a matter is taken by a local government; and a court imposes a fine for the offence.\n(sec.449-ssec.2) The fine must be paid to the local government.\n- (a) a proceeding for an offence about a matter is taken by a local government; and\n- (b) a court imposes a fine for the offence.","sortOrder":793},{"sectionNumber":"ch.10-pt.4","sectionType":"part","heading":"Appeals","content":"# Appeals","sortOrder":794},{"sectionNumber":"sec.450","sectionType":"section","heading":"Who may appeal","content":"### sec.450 Who may appeal\n\nAn owner of a thing forfeited to a relevant entity under section 413 (1) who is dissatisfied with the decision resulting in the forfeiture may appeal against the decision.\nIn this section—\nrelevant entity see section 413 (4) .\n(sec.450-ssec.1) An owner of a thing forfeited to a relevant entity under section 413 (1) who is dissatisfied with the decision resulting in the forfeiture may appeal against the decision.\n(sec.450-ssec.2) In this section— relevant entity see section 413 (4) .","sortOrder":795},{"sectionNumber":"sec.451","sectionType":"section","heading":"Starting an appeal","content":"### sec.451 Starting an appeal\n\nAn appeal may be started at—\nthe Magistrates Court nearest the place where the person lives or carries on business; or\na Magistrates Court at Brisbane.\nThe notice of appeal under the Uniform Civil Procedure Rules 1999 must be filed with the registrar of the court within 28 days after—\nif the person is given notice of the decision—the day the person is given the notice; or\nif paragraph (a) does not apply—the day the person otherwise becomes aware of the forfeiture.\nThe court may, at any time, extend the time for filing the notice of appeal.\n(sec.451-ssec.1) An appeal may be started at— the Magistrates Court nearest the place where the person lives or carries on business; or a Magistrates Court at Brisbane.\n(sec.451-ssec.2) The notice of appeal under the Uniform Civil Procedure Rules 1999 must be filed with the registrar of the court within 28 days after— if the person is given notice of the decision—the day the person is given the notice; or if paragraph (a) does not apply—the day the person otherwise becomes aware of the forfeiture.\n(sec.451-ssec.3) The court may, at any time, extend the time for filing the notice of appeal.\n- (a) the Magistrates Court nearest the place where the person lives or carries on business; or\n- (b) a Magistrates Court at Brisbane.\n- (a) if the person is given notice of the decision—the day the person is given the notice; or\n- (b) if paragraph (a) does not apply—the day the person otherwise becomes aware of the forfeiture.","sortOrder":796},{"sectionNumber":"sec.452","sectionType":"section","heading":"Hearing procedures","content":"### sec.452 Hearing procedures\n\nIn hearing the appeal, the court is not bound by the rules of evidence.","sortOrder":797},{"sectionNumber":"sec.453","sectionType":"section","heading":"Appeal to District Court","content":"### sec.453 Appeal to District Court\n\nAn appeal lies to the District Court from a decision of a Magistrates Court under this part, but only on a question of law.","sortOrder":798},{"sectionNumber":"ch.11-pt.1","sectionType":"part","heading":"Annual report on public health issues","content":"# Annual report on public health issues","sortOrder":799},{"sectionNumber":"sec.454","sectionType":"section","heading":"Chief executive to give Minister annual report","content":"### sec.454 Chief executive to give Minister annual report\n\nThe chief executive must give the Minister an annual report (a public health report ) about public health issues for Queensland.\nThe public health report may be included in the department’s annual report under the Financial Accountability Act 2009 .\nIf the public health report is not included in the department’s annual report, the Minister must table the public health report in Parliament within 7 sitting days of receiving it.\ns 454 amd 2009 No. 9 s 136 sch 1\n(sec.454-ssec.1) The chief executive must give the Minister an annual report (a public health report ) about public health issues for Queensland.\n(sec.454-ssec.2) The public health report may be included in the department’s annual report under the Financial Accountability Act 2009 .\n(sec.454-ssec.3) If the public health report is not included in the department’s annual report, the Minister must table the public health report in Parliament within 7 sitting days of receiving it.","sortOrder":800},{"sectionNumber":"ch.11-pt.1A","sectionType":"part","heading":"Civil liability for asbestos-related harm","content":"# Civil liability for asbestos-related harm","sortOrder":801},{"sectionNumber":"ch.11-pt.1A-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":802},{"sectionNumber":"sec.454A","sectionType":"section","heading":"Definitions for pt 1A","content":"### sec.454A Definitions for pt 1A\n\nIn this part—\nannual compliance certificate see section 454J (1) .\nasbestos-related event means an event—\ninvolving the exposure, release or dispersal, or potential exposure, release or dispersal, of asbestos fibres; and\nrelated to the performance of a local government’s asbestos-related function.\nasbestos-related function , of a local government, means the administration and enforcement of this Act by the local government for a public health risk mentioned in section 11 (1) (b) (v) or (viii) to the extent the risk relates to asbestos at a place other than a workplace.\nasbestos-related harm means harm that is, or is suffered because of, a dust-related condition within the meaning of the Civil Liability Act 2003 that is attributable to asbestos.\nconduct means an act or omission to act.\nharm means harm of any kind, other than damage to property, including—\npersonal injury, including the following—\ndisease;\npsychological or psychiatric injury;\nfatal injury; and\neconomic loss.\nindemnified liability , of a local government, means a civil liability of the local government that is indemnified by the State under section 454C (1) .\nindemnity conditions see section 454F .\nofficial conduct , of a prescribed person, means conduct engaged in by the person as part of, or in connection with, the performance of a local government’s asbestos-related function.\nprescribed person means—\na chief executive officer of a local government; or\nan authorised person appointed by a chief executive officer of a local government; or\na person acting under the direction of a person mentioned in paragraph (a) or (b) , other than a third-party contractor.\nthird-party contractor , of a local government, means a person engaged by the local government under a contract to provide services to assist the local government with the performance of its asbestos-related function.\ns 454A ins 2014 No. 65 s 43\n- (a) involving the exposure, release or dispersal, or potential exposure, release or dispersal, of asbestos fibres; and\n- (b) related to the performance of a local government’s asbestos-related function.\n- (a) personal injury, including the following— (i) disease; (ii) psychological or psychiatric injury; (iii) fatal injury; and\n- (i) disease;\n- (ii) psychological or psychiatric injury;\n- (iii) fatal injury; and\n- (b) economic loss.\n- (i) disease;\n- (ii) psychological or psychiatric injury;\n- (iii) fatal injury; and\n- (a) a chief executive officer of a local government; or\n- (b) an authorised person appointed by a chief executive officer of a local government; or\n- (c) a person acting under the direction of a person mentioned in paragraph (a) or (b) , other than a third-party contractor.","sortOrder":803},{"sectionNumber":"ch.11-pt.1A-div.2","sectionType":"division","heading":"Protection from civil liability and indemnity","content":"## Protection from civil liability and indemnity","sortOrder":804},{"sectionNumber":"sec.454B","sectionType":"section","heading":"Protecting prescribed persons from civil liability for asbestos-related harm","content":"### sec.454B Protecting prescribed persons from civil liability for asbestos-related harm\n\nA prescribed person is not civilly liable for official conduct engaged in by the person that gives rise to asbestos-related harm.\nIf subsection (1) prevents a civil liability attaching to a prescribed person, the liability attaches instead to the relevant local government.\nIf liability attaches to a local government under subsection (2) , the local government may recover contribution from the prescribed person but only if the official conduct was engaged in—\nother than in good faith; and\nwith gross negligence.\nIn a proceeding under subsection (3) to recover contribution, the amount of contribution recoverable is the amount found by the court to be just and equitable in the circumstances.\ns 454B ins 2014 No. 65 s 43\n(sec.454B-ssec.1) A prescribed person is not civilly liable for official conduct engaged in by the person that gives rise to asbestos-related harm.\n(sec.454B-ssec.2) If subsection (1) prevents a civil liability attaching to a prescribed person, the liability attaches instead to the relevant local government.\n(sec.454B-ssec.3) If liability attaches to a local government under subsection (2) , the local government may recover contribution from the prescribed person but only if the official conduct was engaged in— other than in good faith; and with gross negligence.\n(sec.454B-ssec.4) In a proceeding under subsection (3) to recover contribution, the amount of contribution recoverable is the amount found by the court to be just and equitable in the circumstances.\n- (a) other than in good faith; and\n- (b) with gross negligence.","sortOrder":805},{"sectionNumber":"sec.454C","sectionType":"section","heading":"Indemnifying local government against civil liability for asbestos-related harm","content":"### sec.454C Indemnifying local government against civil liability for asbestos-related harm\n\nA local government is indemnified by the State against any civil liability for official conduct of a prescribed person that gives rise to asbestos-related harm, including liability that attaches to the local government under section 454B (2) .\nHowever, subsection (1) applies only if the local government has reasonably complied with the indemnity conditions in relation to each asbestos-related event to which the official conduct relates.\nThe onus of proving the local government has reasonably complied with the indemnity conditions is on the local government.\nFor the purposes of subsection (1) , the State is subrogated to the rights of the local government in relation to the civil liability.\nFor the purposes of subsection (4) , the State may manage and control any proceedings started against the local government in relation to the civil liability.\ns 454C ins 2014 No. 65 s 43\n(sec.454C-ssec.1) A local government is indemnified by the State against any civil liability for official conduct of a prescribed person that gives rise to asbestos-related harm, including liability that attaches to the local government under section 454B (2) .\n(sec.454C-ssec.2) However, subsection (1) applies only if the local government has reasonably complied with the indemnity conditions in relation to each asbestos-related event to which the official conduct relates.\n(sec.454C-ssec.3) The onus of proving the local government has reasonably complied with the indemnity conditions is on the local government.\n(sec.454C-ssec.4) For the purposes of subsection (1) , the State is subrogated to the rights of the local government in relation to the civil liability.\n(sec.454C-ssec.5) For the purposes of subsection (4) , the State may manage and control any proceedings started against the local government in relation to the civil liability.","sortOrder":806},{"sectionNumber":"sec.454CA","sectionType":"section","heading":"Local government must notify State of claim","content":"### sec.454CA Local government must notify State of claim\n\nThis section applies if a proceeding is started against a local government and it may result in an indemnified liability of the local government.\nThe local government must give notice of the proceeding to the State as soon as practicable after the proceeding has started.\ns 454CA ins 2014 No. 65 s 43\n(sec.454CA-ssec.1) This section applies if a proceeding is started against a local government and it may result in an indemnified liability of the local government.\n(sec.454CA-ssec.2) The local government must give notice of the proceeding to the State as soon as practicable after the proceeding has started.","sortOrder":807},{"sectionNumber":"sec.454D","sectionType":"section","heading":"State may recover contribution in particular circumstances","content":"### sec.454D State may recover contribution in particular circumstances\n\nThe State may recover contribution from the local government for an indemnified liability of the local government but only if the circumstances stated in subsection (2) , (3) or (4) exist.\nThe official conduct giving rise to the liability was engaged in—\nother than in good faith; and\nwith gross negligence.\nThe local government engaged in conduct that the local government knew, or ought reasonably to have known, could have prejudiced the State’s defence of a claim, or potential claim, relating to the liability.\nThe local government did not, at its cost, reasonably cooperate with, and assist, the State to defend the claim that resulted in the liability.\nIn a proceeding under this section to recover contribution, the amount of contribution recoverable is the amount found by the court to be just and equitable in the circumstances.\ns 454D ins 2014 No. 65 s 43\n(sec.454D-ssec.1) The State may recover contribution from the local government for an indemnified liability of the local government but only if the circumstances stated in subsection (2) , (3) or (4) exist.\n(sec.454D-ssec.2) The official conduct giving rise to the liability was engaged in— other than in good faith; and with gross negligence.\n(sec.454D-ssec.3) The local government engaged in conduct that the local government knew, or ought reasonably to have known, could have prejudiced the State’s defence of a claim, or potential claim, relating to the liability.\n(sec.454D-ssec.4) The local government did not, at its cost, reasonably cooperate with, and assist, the State to defend the claim that resulted in the liability.\n(sec.454D-ssec.5) In a proceeding under this section to recover contribution, the amount of contribution recoverable is the amount found by the court to be just and equitable in the circumstances.\n- (a) other than in good faith; and\n- (b) with gross negligence.","sortOrder":808},{"sectionNumber":"sec.454E","sectionType":"section","heading":"Limitation on indemnity","content":"### sec.454E Limitation on indemnity\n\nA local government’s right to indemnity under section 454C does not apply in relation to a civil liability of the local government under the Workers’ Compensation and Rehabilitation Act 2003 .\ns 454E ins 2014 No. 65 s 43","sortOrder":809},{"sectionNumber":"ch.11-pt.1A-div.3","sectionType":"division","heading":"Indemnity conditions","content":"## Indemnity conditions","sortOrder":810},{"sectionNumber":"sec.454F","sectionType":"section","heading":"Purpose of div 3","content":"### sec.454F Purpose of div 3\n\nThis division states the conditions (the indemnity conditions ) with which a local government must comply, for the purposes of section 454C (2) , in relation to an asbestos-related event.\ns 454F ins 2014 No. 65 s 43","sortOrder":811},{"sectionNumber":"sec.454G","sectionType":"section","heading":"Training","content":"### sec.454G Training\n\nThe local government must ensure an authorised person who exercises the person’s powers under this Act in relation to the asbestos-related event has satisfactorily completed the training prescribed by regulation.\ns 454G ins 2014 No. 65 s 43","sortOrder":812},{"sectionNumber":"sec.454H","sectionType":"section","heading":"Compliance with Act, laws and guidelines","content":"### sec.454H Compliance with Act, laws and guidelines\n\nThe local government must comply with the following in relation to the asbestos-related event—\nthis Act;\nUnder section 17 (3) , a local government must comply with a request from the chief executive for information about the local government’s administration and enforcement of particular matters within a stated reasonable time. Noncompliance with the request may breach this indemnity condition.\nany other law relevant to the event;\na guideline made under subsection (2) that is prescribed by regulation and published on the department’s website.\nThe chief executive may make a guideline about asbestos-related events.\ns 454H ins 2014 No. 65 s 43\n(sec.454H-ssec.1) The local government must comply with the following in relation to the asbestos-related event— this Act; Under section 17 (3) , a local government must comply with a request from the chief executive for information about the local government’s administration and enforcement of particular matters within a stated reasonable time. Noncompliance with the request may breach this indemnity condition. any other law relevant to the event; a guideline made under subsection (2) that is prescribed by regulation and published on the department’s website.\n(sec.454H-ssec.2) The chief executive may make a guideline about asbestos-related events.\n- (a) this Act; Note— Under section 17 (3) , a local government must comply with a request from the chief executive for information about the local government’s administration and enforcement of particular matters within a stated reasonable time. Noncompliance with the request may breach this indemnity condition.\n- (b) any other law relevant to the event;\n- (c) a guideline made under subsection (2) that is prescribed by regulation and published on the department’s website.","sortOrder":813},{"sectionNumber":"sec.454I","sectionType":"section","heading":"Record-keeping","content":"### sec.454I Record-keeping\n\nThe local government must ensure a record is kept about the asbestos-related event that includes details of the following matters—\nif a complaint was received about the event—the date of the complaint, the name and contact details of the complainant, and the nature of the event;\nthe location of the event, including the address of the place or premises, and the location at the place or premises, where the event occurred;\nthe names and contact details of persons known to have knowledge of the event or any action taken in response to the event;\nany action taken by the local government in response to the event, including, for example, investigation, remediation, enforcement or prosecution action;\nany advice given to a person by the local government about the event, including a copy of any written advice and a summary of any verbal advice;\nany correspondence sent to or received by the local government about the event, including a copy of the correspondence;\nany measures intended to remove or reduce the public health risk, or prevent the risk from recurring, relating to asbestos put in place in relation to the event by—\nthe local government; or\na person other than the local government if the local government is aware of the measures;\nany results known to the local government of action mentioned in paragraph (d) or measures mentioned in paragraph (g) ;\na guideline made under section 454H (2) complied with by the local government in relation to the event, including the name and version of the guideline.\nAlso, the local government must ensure a record is kept about an authorised person who exercises powers under this Act in relation to the asbestos-related event that includes details of any training mentioned in section 454G completed by the person.\nDespite the Public Records Act 2023 , the local government must ensure a public record about any of the following is kept for at least 70 years after the day of the last action on the record—\nthe asbestos-related event;\ntraining completed by an authorised person relating to the event mentioned in subsection (2) ;\nan annual compliance certificate relating to the event that is given under section 454J ;\na notice given under section 454K acknowledging receipt of an annual compliance certificate mentioned in paragraph (c) .\nIn this section—\npublic record see the Public Records Act 2023 , section 9 .\ns 454I ins 2014 No. 65 s 43\namd 2023 No. 33 s 107 sch 5\n(sec.454I-ssec.1) The local government must ensure a record is kept about the asbestos-related event that includes details of the following matters— if a complaint was received about the event—the date of the complaint, the name and contact details of the complainant, and the nature of the event; the location of the event, including the address of the place or premises, and the location at the place or premises, where the event occurred; the names and contact details of persons known to have knowledge of the event or any action taken in response to the event; any action taken by the local government in response to the event, including, for example, investigation, remediation, enforcement or prosecution action; any advice given to a person by the local government about the event, including a copy of any written advice and a summary of any verbal advice; any correspondence sent to or received by the local government about the event, including a copy of the correspondence; any measures intended to remove or reduce the public health risk, or prevent the risk from recurring, relating to asbestos put in place in relation to the event by— the local government; or a person other than the local government if the local government is aware of the measures; any results known to the local government of action mentioned in paragraph (d) or measures mentioned in paragraph (g) ; a guideline made under section 454H (2) complied with by the local government in relation to the event, including the name and version of the guideline.\n(sec.454I-ssec.2) Also, the local government must ensure a record is kept about an authorised person who exercises powers under this Act in relation to the asbestos-related event that includes details of any training mentioned in section 454G completed by the person.\n(sec.454I-ssec.3) Despite the Public Records Act 2023 , the local government must ensure a public record about any of the following is kept for at least 70 years after the day of the last action on the record— the asbestos-related event; training completed by an authorised person relating to the event mentioned in subsection (2) ; an annual compliance certificate relating to the event that is given under section 454J ; a notice given under section 454K acknowledging receipt of an annual compliance certificate mentioned in paragraph (c) .\n(sec.454I-ssec.4) In this section— public record see the Public Records Act 2023 , section 9 .\n- (a) if a complaint was received about the event—the date of the complaint, the name and contact details of the complainant, and the nature of the event;\n- (b) the location of the event, including the address of the place or premises, and the location at the place or premises, where the event occurred;\n- (c) the names and contact details of persons known to have knowledge of the event or any action taken in response to the event;\n- (d) any action taken by the local government in response to the event, including, for example, investigation, remediation, enforcement or prosecution action;\n- (e) any advice given to a person by the local government about the event, including a copy of any written advice and a summary of any verbal advice;\n- (f) any correspondence sent to or received by the local government about the event, including a copy of the correspondence;\n- (g) any measures intended to remove or reduce the public health risk, or prevent the risk from recurring, relating to asbestos put in place in relation to the event by— (i) the local government; or (ii) a person other than the local government if the local government is aware of the measures;\n- (i) the local government; or\n- (ii) a person other than the local government if the local government is aware of the measures;\n- (h) any results known to the local government of action mentioned in paragraph (d) or measures mentioned in paragraph (g) ;\n- (i) a guideline made under section 454H (2) complied with by the local government in relation to the event, including the name and version of the guideline.\n- (i) the local government; or\n- (ii) a person other than the local government if the local government is aware of the measures;\n- (a) the asbestos-related event;\n- (b) training completed by an authorised person relating to the event mentioned in subsection (2) ;\n- (c) an annual compliance certificate relating to the event that is given under section 454J ;\n- (d) a notice given under section 454K acknowledging receipt of an annual compliance certificate mentioned in paragraph (c) .","sortOrder":814},{"sectionNumber":"ch.11-pt.1A-div.4","sectionType":"division","heading":"Annual compliance certificate","content":"## Annual compliance certificate","sortOrder":815},{"sectionNumber":"sec.454J","sectionType":"section","heading":"Requirement for annual compliance certificate","content":"### sec.454J Requirement for annual compliance certificate\n\nThe chief executive officer of a local government may give the chief executive a certificate (an annual compliance certificate ) for a year about the local government’s compliance with the indemnity conditions for 1 or more asbestos-related events that happened during the year.\nThe annual compliance certificate for a year must be—\nin the approved form; and\nsigned by the chief executive officer; and\nverified by statutory declaration.\nIn this section—\napproved form means a form approved by the chief executive.\ns 454J ins 2014 No. 65 s 43\n(sec.454J-ssec.1) The chief executive officer of a local government may give the chief executive a certificate (an annual compliance certificate ) for a year about the local government’s compliance with the indemnity conditions for 1 or more asbestos-related events that happened during the year.\n(sec.454J-ssec.2) The annual compliance certificate for a year must be— in the approved form; and signed by the chief executive officer; and verified by statutory declaration.\n(sec.454J-ssec.3) In this section— approved form means a form approved by the chief executive.\n- (a) in the approved form; and\n- (b) signed by the chief executive officer; and\n- (c) verified by statutory declaration.","sortOrder":816},{"sectionNumber":"sec.454K","sectionType":"section","heading":"Acknowledgement of receipt of annual compliance certificate","content":"### sec.454K Acknowledgement of receipt of annual compliance certificate\n\nThis section applies if the chief executive receives an annual compliance certificate from the chief executive officer of a local government under section 454J .\nAs soon as practicable after receiving the certificate, the chief executive must give the chief executive officer a notice acknowledging receipt of the certificate.\ns 454K ins 2014 No. 65 s 43\n(sec.454K-ssec.1) This section applies if the chief executive receives an annual compliance certificate from the chief executive officer of a local government under section 454J .\n(sec.454K-ssec.2) As soon as practicable after receiving the certificate, the chief executive must give the chief executive officer a notice acknowledging receipt of the certificate.","sortOrder":817},{"sectionNumber":"sec.454L","sectionType":"section","heading":"Evidentiary provision","content":"### sec.454L Evidentiary provision\n\nAn annual compliance certificate purporting to be signed by the chief executive officer of a local government is, in the absence of evidence to the contrary, evidence of the matters stated in the certificate.\nSubsection (1) applies only if the annual compliance certificate was given to the chief executive under section 454J (1) within 2 years after the end of the year to which the certificate relates.\ns 454L ins 2014 No. 65 s 43\n(sec.454L-ssec.1) An annual compliance certificate purporting to be signed by the chief executive officer of a local government is, in the absence of evidence to the contrary, evidence of the matters stated in the certificate.\n(sec.454L-ssec.2) Subsection (1) applies only if the annual compliance certificate was given to the chief executive under section 454J (1) within 2 years after the end of the year to which the certificate relates.","sortOrder":818},{"sectionNumber":"ch.11-pt.2","sectionType":"part","heading":"Other provisions","content":"# Other provisions","sortOrder":819},{"sectionNumber":"sec.455","sectionType":"section","heading":"Delegations","content":"### sec.455 Delegations\n\nThe chief executive may delegate the chief executive’s powers under this Act to an appropriately qualified person who is—\na public service officer or public service employee; or\na health service employee.\nHowever, the chief executive may delegate the chief executive’s power to give a directions notice under section 156E (2) only to—\na person mentioned in subsection (1) (a) or (b) who is—\na member of the health executive service as defined in the Hospital and Health Boards Act 2011 , schedule 2 ; and\nemployed by the department; or\nthe chief health officer.\ns 455 amd 2017 No. 16 s 14 ; 2022 No. 34 s 365 sch 3\n(sec.455-ssec.1) The chief executive may delegate the chief executive’s powers under this Act to an appropriately qualified person who is— a public service officer or public service employee; or a health service employee.\n(sec.455-ssec.2) However, the chief executive may delegate the chief executive’s power to give a directions notice under section 156E (2) only to— a person mentioned in subsection (1) (a) or (b) who is— a member of the health executive service as defined in the Hospital and Health Boards Act 2011 , schedule 2 ; and employed by the department; or the chief health officer. s 455 amd 2017 No. 16 s 14 ; 2022 No. 34 s 365 sch 3\n- (a) a public service officer or public service employee; or\n- (b) a health service employee.\n- (a) a person mentioned in subsection (1) (a) or (b) who is— (i) a member of the health executive service as defined in the Hospital and Health Boards Act 2011 , schedule 2 ; and (ii) employed by the department; or\n- (i) a member of the health executive service as defined in the Hospital and Health Boards Act 2011 , schedule 2 ; and\n- (ii) employed by the department; or\n- (b) the chief health officer.\n- (i) a member of the health executive service as defined in the Hospital and Health Boards Act 2011 , schedule 2 ; and\n- (ii) employed by the department; or","sortOrder":820},{"sectionNumber":"sec.456","sectionType":"section","heading":"Protecting prescribed persons from liability","content":"### sec.456 Protecting prescribed persons from liability\n\nA prescribed person is not civilly liable for an act done, or omission made, honestly and without negligence under this Act.\nIf subsection (1) prevents a civil liability attaching to a prescribed person, the liability attaches instead to—\nif the prescribed person is a chief executive officer, an authorised person appointed by a chief executive officer or a person acting under the direction of an authorised person appointed by a chief executive officer—the relevant local government; or\nif paragraph (a) does not apply—the State.\nThis section does not apply to a prescribed person—\nin relation to a civil liability, if section 454B (1) prevents the liability attaching to the person; or\nif the person is also a prescribed person under the Public Sector Act 2022 , section 267 .\nFor protection from civil liability in relation to the chief executive, chief health officer, a deputy chief health officer or another public service officer or public service employee, see the Public Sector Act 2022 , section 269 .\nIn this section—\nprescribed person means—\nthe Minister; or\na chief executive officer; or\nan authorised person; or\na contact tracing officer; or\nan emergency officer; or\na person in charge of a public sector health service; or\na designated medical officer; or\na State analyst; or\na person acting under the direction of a person mentioned in paragraph (a) to (h) .\ns 456 amd 2014 No. 65 s 44 ; 2020 No. 23 s 55Z ; 2021 No. 16 s 33A ; 2022 No. 34 s 365 sch 3\n(sec.456-ssec.1) A prescribed person is not civilly liable for an act done, or omission made, honestly and without negligence under this Act.\n(sec.456-ssec.2) If subsection (1) prevents a civil liability attaching to a prescribed person, the liability attaches instead to— if the prescribed person is a chief executive officer, an authorised person appointed by a chief executive officer or a person acting under the direction of an authorised person appointed by a chief executive officer—the relevant local government; or if paragraph (a) does not apply—the State.\n(sec.456-ssec.3) This section does not apply to a prescribed person— in relation to a civil liability, if section 454B (1) prevents the liability attaching to the person; or if the person is also a prescribed person under the Public Sector Act 2022 , section 267 . For protection from civil liability in relation to the chief executive, chief health officer, a deputy chief health officer or another public service officer or public service employee, see the Public Sector Act 2022 , section 269 .\n(sec.456-ssec.4) In this section— prescribed person means— the Minister; or a chief executive officer; or an authorised person; or a contact tracing officer; or an emergency officer; or a person in charge of a public sector health service; or a designated medical officer; or a State analyst; or a person acting under the direction of a person mentioned in paragraph (a) to (h) .\n- (a) if the prescribed person is a chief executive officer, an authorised person appointed by a chief executive officer or a person acting under the direction of an authorised person appointed by a chief executive officer—the relevant local government; or\n- (b) if paragraph (a) does not apply—the State.\n- (a) in relation to a civil liability, if section 454B (1) prevents the liability attaching to the person; or\n- (b) if the person is also a prescribed person under the Public Sector Act 2022 , section 267 . Note— For protection from civil liability in relation to the chief executive, chief health officer, a deputy chief health officer or another public service officer or public service employee, see the Public Sector Act 2022 , section 269 .\n- (a) the Minister; or\n- (b) a chief executive officer; or\n- (c) an authorised person; or\n- (d) a contact tracing officer; or\n- (e) an emergency officer; or\n- (f) a person in charge of a public sector health service; or\n- (g) a designated medical officer; or\n- (h) a State analyst; or\n- (i) a person acting under the direction of a person mentioned in paragraph (a) to (h) .","sortOrder":821},{"sectionNumber":"sec.457","sectionType":"section","heading":"Public officials for Police Powers and Responsibilities Act","content":"### sec.457 Public officials for Police Powers and Responsibilities Act\n\nThe following persons are declared to be public officials for the Police Powers and Responsibilities Act 2000 —\nthe chief executive; or\nan authorised person; or\na contact tracing officer; or\nan emergency officer; or\na person in charge of a public sector health service; or\na designated medical officer.\n- (a) the chief executive; or\n- (b) an authorised person; or\n- (c) a contact tracing officer; or\n- (d) an emergency officer; or\n- (e) a person in charge of a public sector health service; or\n- (f) a designated medical officer.","sortOrder":822},{"sectionNumber":"sec.458","sectionType":"section","heading":"Approval of forms","content":"### sec.458 Approval of forms\n\nThe chief executive may approve forms for use under this Act.\nThe chief executive officer of a local government may approve forms for use by the local government under this Act.\n(sec.458-ssec.1) The chief executive may approve forms for use under this Act.\n(sec.458-ssec.2) The chief executive officer of a local government may approve forms for use by the local government under this Act.","sortOrder":823},{"sectionNumber":"sec.459","sectionType":"section","heading":"Service of documents","content":"### sec.459 Service of documents\n\nIf a document is required or permitted under this Act to be given to a person, the document may be given to the person by fax transmission directed and sent to—\nthe last fax number given to the giver of the document by the person as the facsimile transmission number for service of documents on the person; or\nthe fax transmission number operated—\nat the address of the person last known to the giver of the document; or\nif the person is a corporation, at the corporation’s registered office under the Corporations Act .\nA document given under subsection (1) is taken to have been given on the day the document is transmitted.\n(sec.459-ssec.1) If a document is required or permitted under this Act to be given to a person, the document may be given to the person by fax transmission directed and sent to— the last fax number given to the giver of the document by the person as the facsimile transmission number for service of documents on the person; or the fax transmission number operated— at the address of the person last known to the giver of the document; or if the person is a corporation, at the corporation’s registered office under the Corporations Act .\n(sec.459-ssec.2) A document given under subsection (1) is taken to have been given on the day the document is transmitted.\n- (a) the last fax number given to the giver of the document by the person as the facsimile transmission number for service of documents on the person; or\n- (b) the fax transmission number operated— (i) at the address of the person last known to the giver of the document; or (ii) if the person is a corporation, at the corporation’s registered office under the Corporations Act .\n- (i) at the address of the person last known to the giver of the document; or\n- (ii) if the person is a corporation, at the corporation’s registered office under the Corporations Act .\n- (i) at the address of the person last known to the giver of the document; or\n- (ii) if the person is a corporation, at the corporation’s registered office under the Corporations Act .","sortOrder":824},{"sectionNumber":"sec.460","sectionType":"section","heading":"Compliance with provisions about explaining and giving documents","content":"### sec.460 Compliance with provisions about explaining and giving documents\n\nThis section applies if, under a provision of this Act, a person is authorised or required to explain the terms and effects of an order or something else under this Act, or give information or a notice to—\na child; or\na child’s parents, each of a child’s parents or at least 1 of a child’s parents.\nAlso, this section applies if a person is required to obtain the consent of a parent.\nThe person need only comply with the provision to the extent that is reasonably practicable in the circumstances.\nWithout limiting subsection (3) , it is not, for example, reasonably practicable to comply with the provision in relation to a child’s parents if, after reasonable inquiries, the parents or their whereabouts can not be ascertained or, if ascertained, can not be contacted.\nAlso, so far as compliance relates to telling a child about a matter, a person need only comply with the provision to the extent that the person reasonably considers is appropriate in the circumstances having regard to the child’s age or ability to understand the matter.\nIf under the provision a person is required to give a child’s parents a copy of a document or information in writing, the person must also give the child the information in writing if the person considers it is appropriate in the circumstances having regard to the child’s age or ability to understand the information.\n(sec.460-ssec.1) This section applies if, under a provision of this Act, a person is authorised or required to explain the terms and effects of an order or something else under this Act, or give information or a notice to— a child; or a child’s parents, each of a child’s parents or at least 1 of a child’s parents.\n(sec.460-ssec.2) Also, this section applies if a person is required to obtain the consent of a parent.\n(sec.460-ssec.3) The person need only comply with the provision to the extent that is reasonably practicable in the circumstances.\n(sec.460-ssec.4) Without limiting subsection (3) , it is not, for example, reasonably practicable to comply with the provision in relation to a child’s parents if, after reasonable inquiries, the parents or their whereabouts can not be ascertained or, if ascertained, can not be contacted.\n(sec.460-ssec.5) Also, so far as compliance relates to telling a child about a matter, a person need only comply with the provision to the extent that the person reasonably considers is appropriate in the circumstances having regard to the child’s age or ability to understand the matter.\n(sec.460-ssec.6) If under the provision a person is required to give a child’s parents a copy of a document or information in writing, the person must also give the child the information in writing if the person considers it is appropriate in the circumstances having regard to the child’s age or ability to understand the information.\n- (a) a child; or\n- (b) a child’s parents, each of a child’s parents or at least 1 of a child’s parents.","sortOrder":825},{"sectionNumber":"ch.11-pt.3","sectionType":"part","heading":"Regulations","content":"# Regulations","sortOrder":826},{"sectionNumber":"sec.461","sectionType":"section","heading":"Regulation-making power","content":"### sec.461 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.\nA regulation made under this Act may be made about the following—\nmeasures to prevent and control the spread of infectious conditions, including—\nstandards for the manufacture of any product or the provision of any service; and\nprocedures to be followed in cleaning, disinfecting, sterilising or disposing of any matter exposed to an infectious condition; and\nthe training and qualifications for a person who is providing a declared health service;\nstandards for the storage, transport and quality of drinking water, greywater, recycled water and water used for recreational purposes, including, for example, standards for the quality of recycled water for use on particular crops;\nthe management of the quality of drinking water, greywater, recycled water and water used for recreational purposes, including, for example, monitoring, analysis and reporting requirements for a water service provider.\nAlso, a regulation made under this Act may—\nimpose a penalty of not more than 100 penalty units for a contravention of a provision of a regulation; and\nset fees payable under this Act.\ns 461 amd 2008 No. 34 s 658 ; 2017 No. 16 s 15\n(sec.461-ssec.1) The Governor in Council may make regulations under this Act.\n(sec.461-ssec.2) A regulation made under this Act may be made about the following— measures to prevent and control the spread of infectious conditions, including— standards for the manufacture of any product or the provision of any service; and procedures to be followed in cleaning, disinfecting, sterilising or disposing of any matter exposed to an infectious condition; and the training and qualifications for a person who is providing a declared health service; standards for the storage, transport and quality of drinking water, greywater, recycled water and water used for recreational purposes, including, for example, standards for the quality of recycled water for use on particular crops; the management of the quality of drinking water, greywater, recycled water and water used for recreational purposes, including, for example, monitoring, analysis and reporting requirements for a water service provider.\n(sec.461-ssec.3) Also, a regulation made under this Act may— impose a penalty of not more than 100 penalty units for a contravention of a provision of a regulation; and set fees payable under this Act.\n- (a) measures to prevent and control the spread of infectious conditions, including— (i) standards for the manufacture of any product or the provision of any service; and (ii) procedures to be followed in cleaning, disinfecting, sterilising or disposing of any matter exposed to an infectious condition; and (iii) the training and qualifications for a person who is providing a declared health service;\n- (i) standards for the manufacture of any product or the provision of any service; and\n- (ii) procedures to be followed in cleaning, disinfecting, sterilising or disposing of any matter exposed to an infectious condition; and\n- (iii) the training and qualifications for a person who is providing a declared health service;\n- (b) standards for the storage, transport and quality of drinking water, greywater, recycled water and water used for recreational purposes, including, for example, standards for the quality of recycled water for use on particular crops;\n- (c) the management of the quality of drinking water, greywater, recycled water and water used for recreational purposes, including, for example, monitoring, analysis and reporting requirements for a water service provider.\n- (i) standards for the manufacture of any product or the provision of any service; and\n- (ii) procedures to be followed in cleaning, disinfecting, sterilising or disposing of any matter exposed to an infectious condition; and\n- (iii) the training and qualifications for a person who is providing a declared health service;\n- (a) impose a penalty of not more than 100 penalty units for a contravention of a provision of a regulation; and\n- (b) set fees payable under this Act.","sortOrder":827},{"sectionNumber":"ch.12-pt.1","sectionType":"part","heading":"Savings and transitional provisions for Act No. 48 of 2005","content":"# Savings and transitional provisions for Act No. 48 of 2005","sortOrder":828},{"sectionNumber":"sec.462","sectionType":"section","heading":"Notifiable conditions","content":"### sec.462 Notifiable conditions\n\nSection 70 applies to a doctor in relation to a clinical diagnosis notifiable condition or a provisional diagnosis notifiable condition if—\nthe doctor was required to give a notice to the chief executive under the Health Act 1937 , section 32A(1), about a notifiable disease to which the condition relates; and\nthe doctor did not give the notice before the commencement day.\nSection 71 applies to a person in charge of a hospital in relation to a clinical diagnosis notifiable condition or a provisional diagnosis notifiable condition if—\nthe person was required to give a notice to the chief executive under the Health Act 1937 , section 32A(2)(b), about a notifiable disease to which the condition relates; and\nthe person did not give the notice before the commencement day.\nSection 72 applies to a person who is the director of a pathology laboratory in relation to a specimen if—\nthe person was required to give a notice to the chief executive under the Health Act 1937 , section 32A(4), relating to the specimen; and\nthe person did not give the notice before the commencement day.\nSection 75 applies as if a reference to a notice given under chapter 3, part 2, division 2 included a reference to a notice given under the Health Act 1937 , section 32A.\nIf, immediately before the commencement day, a person had not complied with a requirement under the Health Act 1937 , section 32A(9), to give further information to the chief executive, the requirement is taken to have been made under section 75(2).\nIn this section—\ncommencement day means—\nfor subsection (1)—the day section 70 commences; or\nfor subsection (2)—the day section 71 commences; or\nfor subsection (3)—the day section 72 commences; or\nfor subsection (5)—the day section 75 commences.\n(sec.462-ssec.1) Section 70 applies to a doctor in relation to a clinical diagnosis notifiable condition or a provisional diagnosis notifiable condition if— the doctor was required to give a notice to the chief executive under the Health Act 1937 , section 32A(1), about a notifiable disease to which the condition relates; and the doctor did not give the notice before the commencement day.\n(sec.462-ssec.2) Section 71 applies to a person in charge of a hospital in relation to a clinical diagnosis notifiable condition or a provisional diagnosis notifiable condition if— the person was required to give a notice to the chief executive under the Health Act 1937 , section 32A(2)(b), about a notifiable disease to which the condition relates; and the person did not give the notice before the commencement day.\n(sec.462-ssec.3) Section 72 applies to a person who is the director of a pathology laboratory in relation to a specimen if— the person was required to give a notice to the chief executive under the Health Act 1937 , section 32A(4), relating to the specimen; and the person did not give the notice before the commencement day.\n(sec.462-ssec.4) Section 75 applies as if a reference to a notice given under chapter 3, part 2, division 2 included a reference to a notice given under the Health Act 1937 , section 32A.\n(sec.462-ssec.5) If, immediately before the commencement day, a person had not complied with a requirement under the Health Act 1937 , section 32A(9), to give further information to the chief executive, the requirement is taken to have been made under section 75(2).\n(sec.462-ssec.6) In this section— commencement day means— for subsection (1)—the day section 70 commences; or for subsection (2)—the day section 71 commences; or for subsection (3)—the day section 72 commences; or for subsection (5)—the day section 75 commences.\n- (a) the doctor was required to give a notice to the chief executive under the Health Act 1937 , section 32A(1), about a notifiable disease to which the condition relates; and\n- (b) the doctor did not give the notice before the commencement day.\n- (a) the person was required to give a notice to the chief executive under the Health Act 1937 , section 32A(2)(b), about a notifiable disease to which the condition relates; and\n- (b) the person did not give the notice before the commencement day.\n- (a) the person was required to give a notice to the chief executive under the Health Act 1937 , section 32A(4), relating to the specimen; and\n- (b) the person did not give the notice before the commencement day.\n- (a) for subsection (1)—the day section 70 commences; or\n- (b) for subsection (2)—the day section 71 commences; or\n- (c) for subsection (3)—the day section 72 commences; or\n- (d) for subsection (5)—the day section 75 commences.","sortOrder":829},{"sectionNumber":"sec.463","sectionType":"section","heading":"Notifiable Conditions Register","content":"### sec.463 Notifiable Conditions Register\n\nThe chief executive may include, in the Notifiable Conditions Register, the information held by the chief executive that was obtained from notices given under the Health Act 1937 , section 32A.","sortOrder":830},{"sectionNumber":"sec.464","sectionType":"section","heading":"Order for removal or detention of person with notifiable disease","content":"### sec.464 Order for removal or detention of person with notifiable disease\n\nThis section applies to an order under the Health Act 1937 , section 36(1) or (3) or 37, that was—\nmade less than 28 days before the commencement day; and\nin force immediately before the commencement day.\nThe order continues in force as a detention order under chapter 3, part 5, division 4.\nSubject to this Act, the order ends at the time stated in the order, or 28 days after it was made, whichever happens first.\nIn this section—\ncommencement day means the day section 129 commences.\n(sec.464-ssec.1) This section applies to an order under the Health Act 1937 , section 36(1) or (3) or 37, that was— made less than 28 days before the commencement day; and in force immediately before the commencement day.\n(sec.464-ssec.2) The order continues in force as a detention order under chapter 3, part 5, division 4.\n(sec.464-ssec.3) Subject to this Act, the order ends at the time stated in the order, or 28 days after it was made, whichever happens first.\n(sec.464-ssec.4) In this section— commencement day means the day section 129 commences.\n- (a) made less than 28 days before the commencement day; and\n- (b) in force immediately before the commencement day.","sortOrder":831},{"sectionNumber":"sec.465","sectionType":"section","heading":"Order to cleanse and disinfect premises","content":"### sec.465 Order to cleanse and disinfect premises\n\nThis section applies to a notice under the Health Act 1937 , section 38, in force immediately before the commencement day.\nThe notice continues in force as a public health order.\nIn this section—\ncommencement day means the day section 23 commences.\n(sec.465-ssec.1) This section applies to a notice under the Health Act 1937 , section 38, in force immediately before the commencement day.\n(sec.465-ssec.2) The notice continues in force as a public health order.\n(sec.465-ssec.3) In this section— commencement day means the day section 23 commences.","sortOrder":832},{"sectionNumber":"sec.466","sectionType":"section","heading":"Order closing a school","content":"### sec.466 Order closing a school\n\nThis section applies to an order under the Health Act 1937 , section 47(7), that was—\nmade less than 1 month before the commencement day; and\nin force immediately before the commencement day.\nThe order continues in force as an order under section 181.\nSubject to this Act, the order ends at the time stated in the order, or 1 month after it was made, whichever happens first.\nIn this section—\ncommencement day means the day section 181 commences.\n(sec.466-ssec.1) This section applies to an order under the Health Act 1937 , section 47(7), that was— made less than 1 month before the commencement day; and in force immediately before the commencement day.\n(sec.466-ssec.2) The order continues in force as an order under section 181.\n(sec.466-ssec.3) Subject to this Act, the order ends at the time stated in the order, or 1 month after it was made, whichever happens first.\n(sec.466-ssec.4) In this section— commencement day means the day section 181 commences.\n- (a) made less than 1 month before the commencement day; and\n- (b) in force immediately before the commencement day.","sortOrder":833},{"sectionNumber":"sec.467","sectionType":"section","heading":"Mandatory reporting","content":"### sec.467 Mandatory reporting\n\nSection 191 applies to a professional in relation to harm or likely harm if the professional—\nwas required to give notice of the harm or likely harm under the Health Act 1937 , section 76KC; and\ndid not give the notice before the commencement day.\nSection 192 applies to a professional in relation to harm or likely harm if the professional—\norally gave notice about the harm or likely harm under the Health Act 1937 , section 76KC; and\ndid not give written notice about the harm or likely harm under the Health Act 1937 , section 76KD, before the commencement day.\nSection 194 applies to a professional in relation to harm or likely harm if the professional gave the chief executive (child safety) a notice about the harm or likely harm under the Health Act 1937 , section 76KC or 76KD.\nSection 194(3) applies to a request for stated information under the Health Act 1937 , section 76KF that was not complied with before the commencement day.\nIn this section—\ncommencement day means—\nfor subsection (1)—the day section 191 commences; or\nfor subsection (2)—the day section 192 commences; or\nfor subsection (3) or (4)—the day section 194 commences.\n(sec.467-ssec.1) Section 191 applies to a professional in relation to harm or likely harm if the professional— was required to give notice of the harm or likely harm under the Health Act 1937 , section 76KC; and did not give the notice before the commencement day.\n(sec.467-ssec.2) Section 192 applies to a professional in relation to harm or likely harm if the professional— orally gave notice about the harm or likely harm under the Health Act 1937 , section 76KC; and did not give written notice about the harm or likely harm under the Health Act 1937 , section 76KD, before the commencement day.\n(sec.467-ssec.3) Section 194 applies to a professional in relation to harm or likely harm if the professional gave the chief executive (child safety) a notice about the harm or likely harm under the Health Act 1937 , section 76KC or 76KD.\n(sec.467-ssec.4) Section 194(3) applies to a request for stated information under the Health Act 1937 , section 76KF that was not complied with before the commencement day.\n(sec.467-ssec.5) In this section— commencement day means— for subsection (1)—the day section 191 commences; or for subsection (2)—the day section 192 commences; or for subsection (3) or (4)—the day section 194 commences.\n- (a) was required to give notice of the harm or likely harm under the Health Act 1937 , section 76KC; and\n- (b) did not give the notice before the commencement day.\n- (a) orally gave notice about the harm or likely harm under the Health Act 1937 , section 76KC; and\n- (b) did not give written notice about the harm or likely harm under the Health Act 1937 , section 76KD, before the commencement day.\n- (a) for subsection (1)—the day section 191 commences; or\n- (b) for subsection (2)—the day section 192 commences; or\n- (c) for subsection (3) or (4)—the day section 194 commences.","sortOrder":834},{"sectionNumber":"sec.468","sectionType":"section","heading":"Temporary custody of children","content":"### sec.468 Temporary custody of children\n\nThis section applies to an order under the Health Act 1937 , section 76L, that was in force immediately before the commencement day.\nThe order continues in force as an order under section 197.\nSubject to this Act, the order ends at the time stated in it, even if that is more than 48 hours after it was made.\nIn this section—\ncommencement day means the day section 197 commences.\n(sec.468-ssec.1) This section applies to an order under the Health Act 1937 , section 76L, that was in force immediately before the commencement day.\n(sec.468-ssec.2) The order continues in force as an order under section 197.\n(sec.468-ssec.3) Subject to this Act, the order ends at the time stated in it, even if that is more than 48 hours after it was made.\n(sec.468-ssec.4) In this section— commencement day means the day section 197 commences.","sortOrder":835},{"sectionNumber":"sec.469","sectionType":"section","heading":"Abatement of nuisance","content":"### sec.469 Abatement of nuisance\n\nThis section applies to a notice under the Health Act 1937 , section 79, requiring the abatement of a nuisance mentioned in section 77 (a) , (b) , (c) , (d) or (h) of that Act, that was in force immediately before the commencement day.\nThe notice continues in force as a public health order.\nIn this section—\ncommencement day means the day section 23 commences.\n(sec.469-ssec.1) This section applies to a notice under the Health Act 1937 , section 79, requiring the abatement of a nuisance mentioned in section 77 (a) , (b) , (c) , (d) or (h) of that Act, that was in force immediately before the commencement day.\n(sec.469-ssec.2) The notice continues in force as a public health order.\n(sec.469-ssec.3) In this section— commencement day means the day section 23 commences.","sortOrder":836},{"sectionNumber":"sec.470","sectionType":"section","heading":"Notice relating to sewer, stormwater drain or sanitary convenience","content":"### sec.470 Notice relating to sewer, stormwater drain or sanitary convenience\n\nThis section applies to a notice under the Health Act 1937 , section 94(3), in force immediately before the commencement day.\nThe order continues in force as a public health order.\nIn this section—\ncommencement day means the day section 23 commences.\n(sec.470-ssec.1) This section applies to a notice under the Health Act 1937 , section 94(3), in force immediately before the commencement day.\n(sec.470-ssec.2) The order continues in force as a public health order.\n(sec.470-ssec.3) In this section— commencement day means the day section 23 commences.","sortOrder":837},{"sectionNumber":"sec.471","sectionType":"section","heading":"Cancer notifications","content":"### sec.471 Cancer notifications\n\nSection 234(1) applies to the director of a pathology laboratory in relation to a pathological examination of a specimen of human origin carried out at the laboratory before the commencement day if—\nthe examination indicates that the person from whom the specimen was taken is or was suffering from cancer of a class to which the Health Act 1937 , section 100C(2) applied; and\nthe director did not give a completed return for the person under the Health Act 1937 , section 100C(2).\nIf, immediately before the commencement day, a medical practitioner had not given a completed return or copy of a completed return to the chief executive under the Health Act 1937 , section 100C(3), that subsection, as in force immediately before the commencement day, continues to apply to the medical practitioner.\nIn this section—\ncommencement day means the day section 234 commences.\n(sec.471-ssec.1) Section 234(1) applies to the director of a pathology laboratory in relation to a pathological examination of a specimen of human origin carried out at the laboratory before the commencement day if— the examination indicates that the person from whom the specimen was taken is or was suffering from cancer of a class to which the Health Act 1937 , section 100C(2) applied; and the director did not give a completed return for the person under the Health Act 1937 , section 100C(2).\n(sec.471-ssec.2) If, immediately before the commencement day, a medical practitioner had not given a completed return or copy of a completed return to the chief executive under the Health Act 1937 , section 100C(3), that subsection, as in force immediately before the commencement day, continues to apply to the medical practitioner.\n(sec.471-ssec.3) In this section— commencement day means the day section 234 commences.\n- (a) the examination indicates that the person from whom the specimen was taken is or was suffering from cancer of a class to which the Health Act 1937 , section 100C(2) applied; and\n- (b) the director did not give a completed return for the person under the Health Act 1937 , section 100C(2).","sortOrder":838},{"sectionNumber":"sec.472","sectionType":"section","heading":"Cancer registers","content":"### sec.472 Cancer registers\n\nThe chief executive may include in the Queensland Cancer Register—\nthe contents of the old cancer register; and\nany of the following information held by the chief executive that, on the commencement day, had not yet been included in the old cancer register—\ninformation from a return mentioned in the Health Act 1937 , section 100C;\ninformation obtained under the Health Act 1937 , section 100DC.\nIn this section—\ncommencement day means the day section 230 commences.\nold cancer register means the register that, before the commencement day, was kept under the Health Act 1937 , section 100D.\n(sec.472-ssec.1) The chief executive may include in the Queensland Cancer Register— the contents of the old cancer register; and any of the following information held by the chief executive that, on the commencement day, had not yet been included in the old cancer register— information from a return mentioned in the Health Act 1937 , section 100C; information obtained under the Health Act 1937 , section 100DC.\n(sec.472-ssec.2) In this section— commencement day means the day section 230 commences. old cancer register means the register that, before the commencement day, was kept under the Health Act 1937 , section 100D.\n- (a) the contents of the old cancer register; and\n- (b) any of the following information held by the chief executive that, on the commencement day, had not yet been included in the old cancer register— (i) information from a return mentioned in the Health Act 1937 , section 100C; (ii) information obtained under the Health Act 1937 , section 100DC.\n- (i) information from a return mentioned in the Health Act 1937 , section 100C;\n- (ii) information obtained under the Health Act 1937 , section 100DC.\n- (i) information from a return mentioned in the Health Act 1937 , section 100C;\n- (ii) information obtained under the Health Act 1937 , section 100DC.","sortOrder":839},{"sectionNumber":"sec.473","sectionType":"section","heading":"Continued obligation to give cancer return","content":"### sec.473 Continued obligation to give cancer return\n\nThis section applies if, immediately before the commencement day, a person had not complied with a requirement under the repealed provision to give a return to the chief executive.\nThe repealed provision, as in force immediately before the commencement day, continues to apply to the person in relation to the return.\nIn this section—\ncommencement day means the day the Health Act 1937 , section 100C(1) is repealed under this Act.\nrepealed provision means the Health Act 1937 , section 100C(1).\n(sec.473-ssec.1) This section applies if, immediately before the commencement day, a person had not complied with a requirement under the repealed provision to give a return to the chief executive.\n(sec.473-ssec.2) The repealed provision, as in force immediately before the commencement day, continues to apply to the person in relation to the return.\n(sec.473-ssec.3) In this section— commencement day means the day the Health Act 1937 , section 100C(1) is repealed under this Act. repealed provision means the Health Act 1937 , section 100C(1).","sortOrder":840},{"sectionNumber":"sec.474","sectionType":"section","heading":"Contractor","content":"### sec.474 Contractor\n\nThis section applies to an agreement with a person under the Health Act 1937 , section 100DA, that was in force immediately before the commencement day (the current agreement ).\nThe current agreement continues in force under section 232 in accordance with its terms, with any necessary changes, as if it were an agreement to keep the Queensland Cancer Register.\nWhile the current agreement is in force, the person with whom it is made (the current contractor ) is taken to be prescribed under section 232.\nSubsection (3) does not affect the power of the Governor in Council to—\nprescribe the current contractor under section 232 for a time after the current agreement ends; or\nprescribe another person under section 232, whether before or after the current agreement ends.\nIn this section—\ncommencement day means the day section 232 commences.\n(sec.474-ssec.1) This section applies to an agreement with a person under the Health Act 1937 , section 100DA, that was in force immediately before the commencement day (the current agreement ).\n(sec.474-ssec.2) The current agreement continues in force under section 232 in accordance with its terms, with any necessary changes, as if it were an agreement to keep the Queensland Cancer Register.\n(sec.474-ssec.3) While the current agreement is in force, the person with whom it is made (the current contractor ) is taken to be prescribed under section 232.\n(sec.474-ssec.4) Subsection (3) does not affect the power of the Governor in Council to— prescribe the current contractor under section 232 for a time after the current agreement ends; or prescribe another person under section 232, whether before or after the current agreement ends.\n(sec.474-ssec.5) In this section— commencement day means the day section 232 commences.\n- (a) prescribe the current contractor under section 232 for a time after the current agreement ends; or\n- (b) prescribe another person under section 232, whether before or after the current agreement ends.","sortOrder":841},{"sectionNumber":"sec.475","sectionType":"section","heading":"Further information may be required about cancer returns","content":"### sec.475 Further information may be required about cancer returns\n\nSection 236 applies as if a reference to a notification about cancer included a return given, before the commencement day, under the Health Act 1937 , section 100C.\nIn this section—\ncommencement day means the day section 236 commences.\n(sec.475-ssec.1) Section 236 applies as if a reference to a notification about cancer included a return given, before the commencement day, under the Health Act 1937 , section 100C.\n(sec.475-ssec.2) In this section— commencement day means the day section 236 commences.","sortOrder":842},{"sectionNumber":"sec.476","sectionType":"section","heading":"Continuing obligation to give further information about cancer return","content":"### sec.476 Continuing obligation to give further information about cancer return\n\nThis section applies if, immediately before the commencement day, a person had not complied with a notice given to the person under the Health Act 1937 , section 100DC.\nThe notice is taken to have been given under section 236.\nIn this section—\ncommencement day means the day section 236 commences.\n(sec.476-ssec.1) This section applies if, immediately before the commencement day, a person had not complied with a notice given to the person under the Health Act 1937 , section 100DC.\n(sec.476-ssec.2) The notice is taken to have been given under section 236.\n(sec.476-ssec.3) In this section— commencement day means the day section 236 commences.","sortOrder":843},{"sectionNumber":"sec.477","sectionType":"section","heading":"Pap Smear Register","content":"### sec.477 Pap Smear Register\n\nThe chief executive may include the contents of the old Pap Smear Register in the Pap Smear Register under section 253.\nIn this section—\ncommencement day means the day section 253 commences.\nold Pap Smear Register means the register that, before the commencement day, was kept under the Health Act 1937 , section 100FC.\n(sec.477-ssec.1) The chief executive may include the contents of the old Pap Smear Register in the Pap Smear Register under section 253.\n(sec.477-ssec.2) In this section— commencement day means the day section 253 commences. old Pap Smear Register means the register that, before the commencement day, was kept under the Health Act 1937 , section 100FC.","sortOrder":844},{"sectionNumber":"sec.478","sectionType":"section","heading":"Duty of director to give Pap smear information","content":"### sec.478 Duty of director to give Pap smear information\n\nThis section applies if—\nthe director of a pathology laboratory was required to give information to the chief executive under the Health Act 1937 , section 100FJ; and\nimmediately before the commencement day, the director had not given the information to the chief executive.\nSection 259(2) and (3) apply to the information.\nIn this section—\ncommencement day means the day section 259 commences.\n(sec.478-ssec.1) This section applies if— the director of a pathology laboratory was required to give information to the chief executive under the Health Act 1937 , section 100FJ; and immediately before the commencement day, the director had not given the information to the chief executive.\n(sec.478-ssec.2) Section 259(2) and (3) apply to the information.\n(sec.478-ssec.3) In this section— commencement day means the day section 259 commences.\n- (a) the director of a pathology laboratory was required to give information to the chief executive under the Health Act 1937 , section 100FJ; and\n- (b) immediately before the commencement day, the director had not given the information to the chief executive.","sortOrder":845},{"sectionNumber":"sec.479","sectionType":"section","heading":"Chief executive’s duty to send notice","content":"### sec.479 Chief executive’s duty to send notice\n\nThis section applies if, before the commencement day, the chief executive received information mentioned in the Health Act 1937 , section 100FK(1), relating to a woman but did not send the woman a notice under that section.\nThe chief executive must send the woman a notice under section 260.\nIn this section—\ncommencement day means the day section 260 commences.\n(sec.479-ssec.1) This section applies if, before the commencement day, the chief executive received information mentioned in the Health Act 1937 , section 100FK(1), relating to a woman but did not send the woman a notice under that section.\n(sec.479-ssec.2) The chief executive must send the woman a notice under section 260.\n(sec.479-ssec.3) In this section— commencement day means the day section 260 commences.","sortOrder":846},{"sectionNumber":"sec.480","sectionType":"section","heading":"Request to remove registered screening history","content":"### sec.480 Request to remove registered screening history\n\nSection 263 applies to a request made under the Health Act 1937 , section 100FM, if, immediately before the commencement day, the chief executive had not complied with the request.\nIn this section—\ncommencement day means the day section 263 commences.\n(sec.480-ssec.1) Section 263 applies to a request made under the Health Act 1937 , section 100FM, if, immediately before the commencement day, the chief executive had not complied with the request.\n(sec.480-ssec.2) In this section— commencement day means the day section 263 commences.","sortOrder":847},{"sectionNumber":"sec.481","sectionType":"section","heading":"Request to change identifying information","content":"### sec.481 Request to change identifying information\n\nSection 264 applies to a request under the Health Act 1937 , section 100FN, if, immediately before the commencement day, the chief executive had not complied with the request.\nIn this section—\ncommencement day means the day section 264 commences.\n(sec.481-ssec.1) Section 264 applies to a request under the Health Act 1937 , section 100FN, if, immediately before the commencement day, the chief executive had not complied with the request.\n(sec.481-ssec.2) In this section— commencement day means the day section 264 commences.","sortOrder":848},{"sectionNumber":"sec.482","sectionType":"section","heading":"Request for registered screening history","content":"### sec.482 Request for registered screening history\n\nSection 268(1) applies to a request under the Health Act 1937 , section 100FP(2), if, immediately before the commencement day, the person receiving the request had not complied with it.\nIn this section—\ncommencement day means the day section 268 commences.\n(sec.482-ssec.1) Section 268(1) applies to a request under the Health Act 1937 , section 100FP(2), if, immediately before the commencement day, the person receiving the request had not complied with it.\n(sec.482-ssec.2) In this section— commencement day means the day section 268 commences.","sortOrder":849},{"sectionNumber":"sec.483","sectionType":"section","heading":"Agreement to send out notices","content":"### sec.483 Agreement to send out notices\n\nThis section applies to an agreement with a person under the Health Act 1937 , section 100FV, that was in force immediately before the commencement day.\nThe agreement continues in force under section 277 in accordance with its terms, with any necessary changes, as if it were an agreement to send out the notices mentioned in that section.\nIn this section—\ncommencement day means the day section 277 commences.\n(sec.483-ssec.1) This section applies to an agreement with a person under the Health Act 1937 , section 100FV, that was in force immediately before the commencement day.\n(sec.483-ssec.2) The agreement continues in force under section 277 in accordance with its terms, with any necessary changes, as if it were an agreement to send out the notices mentioned in that section.\n(sec.483-ssec.3) In this section— commencement day means the day section 277 commences.","sortOrder":850},{"sectionNumber":"sec.484","sectionType":"section","heading":"Designated health practitioners","content":"### sec.484 Designated health practitioners\n\nThis section applies to a person who was, immediately before the commencement day, a person designated as a health practitioner under the Health Act 1937 , section 100FX.\nThe person is taken to be designated as a health practitioner under section 279.\nIn this section—\ncommencement day means the day section 279 commences.\n(sec.484-ssec.1) This section applies to a person who was, immediately before the commencement day, a person designated as a health practitioner under the Health Act 1937 , section 100FX.\n(sec.484-ssec.2) The person is taken to be designated as a health practitioner under section 279.\n(sec.484-ssec.3) In this section— commencement day means the day section 279 commences.","sortOrder":851},{"sectionNumber":"sec.485","sectionType":"section","heading":"Perinatal Statistics Collection","content":"### sec.485 Perinatal Statistics Collection\n\nThe chief executive may include, in the Perinatal Statistics Collection, information from a return given, before the commencement day, under the Health Act 1937 , section 100H.\nIn this section—\ncommencement day means the day section 215 commences.\n(sec.485-ssec.1) The chief executive may include, in the Perinatal Statistics Collection, information from a return given, before the commencement day, under the Health Act 1937 , section 100H.\n(sec.485-ssec.2) In this section— commencement day means the day section 215 commences.","sortOrder":852},{"sectionNumber":"sec.486","sectionType":"section","heading":"Notification about delivery","content":"### sec.486 Notification about delivery\n\nSection 217 applies to a person in relation to a delivery that happened before the commencement day if the person did not give the chief executive a return relating to the delivery under the Health Act 1937 , section 100H.\nIn this section—\ncommencement day means the day section 217 commences.\n(sec.486-ssec.1) Section 217 applies to a person in relation to a delivery that happened before the commencement day if the person did not give the chief executive a return relating to the delivery under the Health Act 1937 , section 100H.\n(sec.486-ssec.2) In this section— commencement day means the day section 217 commences.","sortOrder":853},{"sectionNumber":"sec.487","sectionType":"section","heading":"Further information about perinatal statistics","content":"### sec.487 Further information about perinatal statistics\n\nThe information that may be required under section 218 includes information relating to a delivery that happened before the commencement day.\nIn this section—\ncommencement day means the day section 218 commences.\ndelivery see section 214.\n(sec.487-ssec.1) The information that may be required under section 218 includes information relating to a delivery that happened before the commencement day.\n(sec.487-ssec.2) In this section— commencement day means the day section 218 commences. delivery see section 214.","sortOrder":854},{"sectionNumber":"sec.488","sectionType":"section","heading":"Notice to comply with standard about paint","content":"### sec.488 Notice to comply with standard about paint\n\nThis section applies to a notice to comply under the Health Act 1937 , section 129H, in force immediately before the commencement day.\nThe notice continues in force as a public health order.\nIn this section—\ncommencement day means the day section 23 commences.\n(sec.488-ssec.1) This section applies to a notice to comply under the Health Act 1937 , section 129H, in force immediately before the commencement day.\n(sec.488-ssec.2) The notice continues in force as a public health order.\n(sec.488-ssec.3) In this section— commencement day means the day section 23 commences.","sortOrder":855},{"sectionNumber":"sec.489","sectionType":"section","heading":"Authority to conduct scientific research and studies","content":"### sec.489 Authority to conduct scientific research and studies\n\nThis section applies to a person who, immediately before the commencement day, was authorised to conduct scientific research and studies under the Health Act 1937 , section 154M.\nThe chief executive is taken to have granted an application by the person under chapter 6, part 4, division 2, to be given health information held by the department for the research to which the authority applied.\nThe application is taken to have been granted for a period ending 2 years after the commencement day.\nSubsection (3)—\napplies subject to any earlier ending, under this Act, of the period for which the application is taken to have been granted; and\ndoes not affect the making, or dealing with, of another application by the person under chapter 6, part 4.\nIn this section—\ncommencement day means the day section 284 commences.\n(sec.489-ssec.1) This section applies to a person who, immediately before the commencement day, was authorised to conduct scientific research and studies under the Health Act 1937 , section 154M.\n(sec.489-ssec.2) The chief executive is taken to have granted an application by the person under chapter 6, part 4, division 2, to be given health information held by the department for the research to which the authority applied.\n(sec.489-ssec.3) The application is taken to have been granted for a period ending 2 years after the commencement day.\n(sec.489-ssec.4) Subsection (3)— applies subject to any earlier ending, under this Act, of the period for which the application is taken to have been granted; and does not affect the making, or dealing with, of another application by the person under chapter 6, part 4.\n(sec.489-ssec.5) In this section— commencement day means the day section 284 commences.\n- (a) applies subject to any earlier ending, under this Act, of the period for which the application is taken to have been granted; and\n- (b) does not affect the making, or dealing with, of another application by the person under chapter 6, part 4.","sortOrder":856},{"sectionNumber":"sec.490","sectionType":"section","heading":"Offences","content":"### sec.490 Offences\n\nProceedings for an offence against a repealed provision may be started or continued, and a repealed provision necessary or convenient to be used in relation to the proceedings continues to apply, as if this Act had not commenced.\nFor subsection (1), the Acts Interpretation Act 1954 , section 20 applies, but does not limit the subsection.\nIn this section—\nrepealed provision means a provision of the Health Act 1937 omitted by this Act.\n(sec.490-ssec.1) Proceedings for an offence against a repealed provision may be started or continued, and a repealed provision necessary or convenient to be used in relation to the proceedings continues to apply, as if this Act had not commenced.\n(sec.490-ssec.2) For subsection (1), the Acts Interpretation Act 1954 , section 20 applies, but does not limit the subsection.\n(sec.490-ssec.3) In this section— repealed provision means a provision of the Health Act 1937 omitted by this Act.","sortOrder":857},{"sectionNumber":"sec.491","sectionType":"section","heading":"References to Health Act 1937","content":"### sec.491 References to Health Act 1937\n\nIn an Act or other document, a reference to the Health Act 1937 may, if the context permits, be taken to be a reference to this Act.","sortOrder":858},{"sectionNumber":"ch.12-pt.2","sectionType":"part","heading":"Transitional provision for Health Legislation (Restriction on Use of Cosmetic Surgery for Children and Another Measure) Amendment Act 2008","content":"# Transitional provision for Health Legislation (Restriction on Use of Cosmetic Surgery for Children and Another Measure) Amendment Act 2008","sortOrder":859},{"sectionNumber":"sec.492","sectionType":"section","heading":"When prohibition on performing cosmetic procedures on children does not apply","content":"### sec.492 When prohibition on performing cosmetic procedures on children does not apply\n\nSection 213B does not apply to a person who performs a cosmetic procedure on a child within 3 months after the commencement if the person agreed before the commencement, in the normal course of the person’s business, to perform the procedure on the particular child.\nIn this section—\ncommencement means the commencement of this section.\ncosmetic procedure see section 213A.\ns 492 ins 2008 No. 57 s 9\n(sec.492-ssec.1) Section 213B does not apply to a person who performs a cosmetic procedure on a child within 3 months after the commencement if the person agreed before the commencement, in the normal course of the person’s business, to perform the procedure on the particular child.\n(sec.492-ssec.2) In this section— commencement means the commencement of this section. cosmetic procedure see section 213A.","sortOrder":860},{"sectionNumber":"ch.12-pt.3","sectionType":"part","heading":"Transitional provisions for Hospital and Health Boards Act 2011","content":"# Transitional provisions for Hospital and Health Boards Act 2011","sortOrder":861},{"sectionNumber":"sec.493","sectionType":"section","heading":"Definitions for pt 3","content":"### sec.493 Definitions for pt 3\n\nIn this part—\ncommencement means the commencement of this part.\nHospital and Health Service see the Hospital and Health Boards Act 2011 , schedule 2.\ns 493 ins 2011 No. 32 s 332 sch 1 pt 2 (amd 2012 No. 9 s 47 )","sortOrder":862},{"sectionNumber":"sec.494","sectionType":"section","heading":"Application for information for research","content":"### sec.494 Application for information for research\n\nThis section applies if—\nthe chief executive has granted an application under chapter 6, part 4 for a person to be given health information held by the department for research; and\non the commencement, the period for which the application has been granted has not ended; and\non the commencement, some or all of the health information given, or that may be given, to the person is held by a Hospital and Health Service instead of the department.\nThe grant is taken to also apply to the health information held by the Hospital and Health Service instead of the department.\ns 494 ins 2011 No. 32 s 332 sch 1 pt 2 (amd 2012 No. 9 s 47 )\n(sec.494-ssec.1) This section applies if— the chief executive has granted an application under chapter 6, part 4 for a person to be given health information held by the department for research; and on the commencement, the period for which the application has been granted has not ended; and on the commencement, some or all of the health information given, or that may be given, to the person is held by a Hospital and Health Service instead of the department.\n(sec.494-ssec.2) The grant is taken to also apply to the health information held by the Hospital and Health Service instead of the department.\n- (a) the chief executive has granted an application under chapter 6, part 4 for a person to be given health information held by the department for research; and\n- (b) on the commencement, the period for which the application has been granted has not ended; and\n- (c) on the commencement, some or all of the health information given, or that may be given, to the person is held by a Hospital and Health Service instead of the department.","sortOrder":863},{"sectionNumber":"ch.12-pt.4","sectionType":"part","heading":"Transitional provision for Health Legislation Amendment Act 2013","content":"# Transitional provision for Health Legislation Amendment Act 2013","sortOrder":864},{"sectionNumber":"sec.495","sectionType":"section","heading":"Maternal Death Statistics Collection","content":"### sec.495 Maternal Death Statistics Collection\n\nThe chief executive may include, in the Maternal Death Statistics Collection, information relating to maternal mortality that was received by the chief executive before the commencement of this section.\ns 495 ins 2013 No. 57 s 14","sortOrder":865},{"sectionNumber":"ch.12-pt.5","sectionType":"part","heading":"Saving provision for Health Legislation Amendment Act 2020","content":"# Saving provision for Health Legislation Amendment Act 2020","sortOrder":866},{"sectionNumber":"sec.496","sectionType":"section","heading":"Proceeding for particular offence","content":"### sec.496 Proceeding for particular offence\n\nThis section applies in relation to an offence against former section 266 committed by a person before the commencement.\nWithout limiting the Acts Interpretation Act 1954 , section 20, a proceeding for the offence may be continued or started, and the person may be convicted of and punished for the offence, as if the Health Legislation Amendment Act 2020 , section 30 had not commenced.\nSubsection (2) applies despite the Criminal Code, section 11.\nIn this section—\nformer section 266 means section 266 as in force from time to time before the commencement.\ns 496 ins 2020 No. 31 s 32\n(sec.496-ssec.1) This section applies in relation to an offence against former section 266 committed by a person before the commencement.\n(sec.496-ssec.2) Without limiting the Acts Interpretation Act 1954 , section 20, a proceeding for the offence may be continued or started, and the person may be convicted of and punished for the offence, as if the Health Legislation Amendment Act 2020 , section 30 had not commenced.\n(sec.496-ssec.3) Subsection (2) applies despite the Criminal Code, section 11.\n(sec.496-ssec.4) In this section— former section 266 means section 266 as in force from time to time before the commencement.","sortOrder":867},{"sectionNumber":"ch.12-pt.6","sectionType":"part","heading":"Transitional provisions for Public Health and Other Legislation (Public Health Emergency) Amendment Act 2020","content":"# Transitional provisions for Public Health and Other Legislation (Public Health Emergency) Amendment Act 2020","sortOrder":868},{"sectionNumber":"sec.497","sectionType":"section","heading":"Application of s 366","content":"### sec.497 Application of s 366\n\nSection 366(2) applies, and is taken to have applied from 16 March 2020, in relation to loss or damage suffered on or after 16 March 2020.\ns 497 ins 2020 No. 11 s 38","sortOrder":869},{"sectionNumber":"sec.498","sectionType":"section","heading":"Proceedings against repealed s 362D or 362J","content":"### sec.498 Proceedings against repealed s 362D or 362J\n\nThis section applies in relation to an offence against repealed section 362D or repealed section 362J committed by a person before the commencement.\nWithout limiting the Acts Interpretation Act 1954 , section 20 , a proceeding for the offence may be continued or started, and the person may be convicted of and punished for the offence, as if chapter 8 , part 7A had not expired.\nSubsection (2) applies despite the Criminal Code , section 11 .\nIn this section—\nrepealed , for a provision of this Act, means the provision as in force from time to time before the commencement.\ns 498 ins 2020 No. 11 s 46 (amd 2022 No. 6 s 37 )\n(sec.498-ssec.1) This section applies in relation to an offence against repealed section 362D or repealed section 362J committed by a person before the commencement.\n(sec.498-ssec.2) Without limiting the Acts Interpretation Act 1954 , section 20 , a proceeding for the offence may be continued or started, and the person may be convicted of and punished for the offence, as if chapter 8 , part 7A had not expired.\n(sec.498-ssec.3) Subsection (2) applies despite the Criminal Code , section 11 .\n(sec.498-ssec.4) In this section— repealed , for a provision of this Act, means the provision as in force from time to time before the commencement.","sortOrder":870},{"sectionNumber":"ch.12-pt.7","sectionType":"part","heading":"Transitional provision for Community Services Industry (Portable Long Service Leave) Act 2020","content":"# Transitional provision for Community Services Industry (Portable Long Service Leave) Act 2020","sortOrder":871},{"sectionNumber":"sec.499","sectionType":"section","heading":"Application of s 362MD","content":"### sec.499 Application of s 362MD\n\nSection 362MD applies in relation to a person required to quarantine only if the requirement for the person’s quarantine is made on or after the commencement.\nHowever, if the requirement for the person’s quarantine is made on the person’s arrival in Queensland from overseas, section 362MD does not apply in relation to the person if the chief executive—\nis satisfied, having regard to documentary evidence given by or for the person, that the arrival date for the person’s travel to Queensland was confirmed on or before midnight on 17 June 2020; and\ngives the person, or a person who would otherwise be liable to pay fees under that section for the person’s quarantine, a notice that payment of the fees is waived under this section.\nFor transitional provisions relating to the expiry of chapter 8, part 7AA, see chapter 12, part 8, division 3.\ns 499 ins 2020 No. 19 s 142\namd 2021 No. 16 s 46\n(sec.499-ssec.1) Section 362MD applies in relation to a person required to quarantine only if the requirement for the person’s quarantine is made on or after the commencement.\n(sec.499-ssec.2) However, if the requirement for the person’s quarantine is made on the person’s arrival in Queensland from overseas, section 362MD does not apply in relation to the person if the chief executive— is satisfied, having regard to documentary evidence given by or for the person, that the arrival date for the person’s travel to Queensland was confirmed on or before midnight on 17 June 2020; and gives the person, or a person who would otherwise be liable to pay fees under that section for the person’s quarantine, a notice that payment of the fees is waived under this section.\n- (a) is satisfied, having regard to documentary evidence given by or for the person, that the arrival date for the person’s travel to Queensland was confirmed on or before midnight on 17 June 2020; and\n- (b) gives the person, or a person who would otherwise be liable to pay fees under that section for the person’s quarantine, a notice that payment of the fees is waived under this section.","sortOrder":872},{"sectionNumber":"sec.500","sectionType":"section","heading":null,"content":"### Section sec.500\n\ns 500 ins 2020 No. 19 s 142\nom 2021 No. 16 s 47","sortOrder":873},{"sectionNumber":"sec.501","sectionType":"section","heading":null,"content":"### Section sec.501\n\ns 501 ins 2020 No. 19 s 142\nom 2021 No. 16 s 47","sortOrder":874},{"sectionNumber":"sec.502","sectionType":"section","heading":null,"content":"### Section sec.502\n\ns 502 ins 2020 No. 19 s 142\nom 2021 No. 16 s 47","sortOrder":875},{"sectionNumber":"sec.503","sectionType":"section","heading":null,"content":"### Section sec.503\n\ns 503 ins 2020 No. 19 s 142\nom 2021 No. 16 s 47","sortOrder":876},{"sectionNumber":"sec.504","sectionType":"section","heading":null,"content":"### Section sec.504\n\ns 504 ins 2020 No. 19 s 142\nom 2021 No. 16 s 47","sortOrder":877},{"sectionNumber":"sec.505","sectionType":"section","heading":null,"content":"### Section sec.505\n\ns 505 ins 2020 No. 19 s 142\nom 2021 No. 16 s 47","sortOrder":878},{"sectionNumber":"sec.506","sectionType":"section","heading":null,"content":"### Section sec.506\n\ns 506 ins 2020 No. 19 s 142\nom 2021 No. 16 s 47","sortOrder":879},{"sectionNumber":"ch.12-pt.8","sectionType":"part","heading":"Transitional and validation provisions for Public Health and Other Legislation (Further Extension of Expiring Provisions) Amendment Act 2021","content":"# Transitional and validation provisions for Public Health and Other Legislation (Further Extension of Expiring Provisions) Amendment Act 2021","sortOrder":880},{"sectionNumber":"ch.12-pt.8-div.1","sectionType":"division","heading":"Provisions for amendments commencing on assent","content":"## Provisions for amendments commencing on assent","sortOrder":881},{"sectionNumber":"sec.507","sectionType":"section","heading":"Validation of particular directions given by emergency officers","content":"### sec.507 Validation of particular directions given by emergency officers\n\nThis section applies in relation to a direction under section 362H given to a person, before the commencement, by sending the direction by electronic communication to a unique electronic address nominated by the person for the giving of the direction.\nThe direction is declared to be, and always to have been, as validly given as if—\nsection 362HA had been in force on the day the direction was given; and\nthe person had consented to the use of the unique electronic address for the giving of the direction.\nAlso, the direction is declared for all purposes to be, and always to have been, as valid as if—\nsection 362HA had been in force on the day the direction was given; and\nthe person had consented to the use of the unique electronic address for the giving of the direction.\ns 507 ins 2021 No. 16 s 34\n(sec.507-ssec.1) This section applies in relation to a direction under section 362H given to a person, before the commencement, by sending the direction by electronic communication to a unique electronic address nominated by the person for the giving of the direction.\n(sec.507-ssec.2) The direction is declared to be, and always to have been, as validly given as if— section 362HA had been in force on the day the direction was given; and the person had consented to the use of the unique electronic address for the giving of the direction.\n(sec.507-ssec.3) Also, the direction is declared for all purposes to be, and always to have been, as valid as if— section 362HA had been in force on the day the direction was given; and the person had consented to the use of the unique electronic address for the giving of the direction.\n- (a) section 362HA had been in force on the day the direction was given; and\n- (b) the person had consented to the use of the unique electronic address for the giving of the direction.\n- (a) section 362HA had been in force on the day the direction was given; and\n- (b) the person had consented to the use of the unique electronic address for the giving of the direction.","sortOrder":882},{"sectionNumber":"sec.507A","sectionType":"section","heading":"Application of ch 8, pt 7A, div 6","content":"### sec.507A Application of ch 8, pt 7A, div 6\n\nChapter 8, part 7A, division 6 applies in relation to relevant information whether the information is collected before or after the commencement.\ns 507A ins 2021 No. 16 s 34","sortOrder":883},{"sectionNumber":"ch.12-pt.8-div.1A","sectionType":"division","heading":"Provisions applying on expiry of chapter 8 , part 7A","content":"## Provisions applying on expiry of chapter 8 , part 7A","sortOrder":884},{"sectionNumber":"sec.507B","sectionType":"section","heading":"Application of division","content":"### sec.507B Application of division\n\nThis division applies on the expiry of chapter 8, part 7A.\nThis division does not limit the Acts Interpretation Act 1954 , section 20.\ns 507B ins 2021 No. 16 s 34\namd 2022 No. 25 s 15 sch 1\n(sec.507B-ssec.1) This division applies on the expiry of chapter 8, part 7A.\n(sec.507B-ssec.2) This division does not limit the Acts Interpretation Act 1954 , section 20.","sortOrder":885},{"sectionNumber":"sec.507C","sectionType":"section","heading":"Interpretation","content":"### sec.507C Interpretation\n\nIn this division—\nformer , for a provision of this Act, means the provision as in force from time to time before the expiry.\nA reference in a provision of this division to the expiry generally is a reference to the expiry of chapter 8, part 7A.\nWords defined under former chapter 8, part 7A and used in this division have the same meaning as they had under the former part.\ns 507C ins 2021 No. 16 s 34\namd 2022 No. 25 s 15 sch 1\n(sec.507C-ssec.1) In this division— former , for a provision of this Act, means the provision as in force from time to time before the expiry.\n(sec.507C-ssec.2) A reference in a provision of this division to the expiry generally is a reference to the expiry of chapter 8, part 7A.\n(sec.507C-ssec.3) Words defined under former chapter 8, part 7A and used in this division have the same meaning as they had under the former part.","sortOrder":886},{"sectionNumber":"sec.507D","sectionType":"section","heading":"Continuation of confidentiality requirements","content":"### sec.507D Continuation of confidentiality requirements\n\nThis section applies in relation to a relevant person who, in that capacity, has acquired or has access to relevant information collected before the expiry, whether the relevant person acquires or has access to the relevant information before or after the expiry.\nDespite the expiry, former chapter 8, part 7A, division 6 continues to apply in relation to the relevant person.\nTo remove any doubt, it is declared that a proceeding for an offence against former section 362MAF may, after the expiry, be started or continued under that section as if the section had not expired.\ns 507D ins 2021 No. 16 s 34\namd 2022 No. 25 s 15 sch 1\n(sec.507D-ssec.1) This section applies in relation to a relevant person who, in that capacity, has acquired or has access to relevant information collected before the expiry, whether the relevant person acquires or has access to the relevant information before or after the expiry.\n(sec.507D-ssec.2) Despite the expiry, former chapter 8, part 7A, division 6 continues to apply in relation to the relevant person.\n(sec.507D-ssec.3) To remove any doubt, it is declared that a proceeding for an offence against former section 362MAF may, after the expiry, be started or continued under that section as if the section had not expired.","sortOrder":887},{"sectionNumber":"sec.507E","sectionType":"section","heading":"Continuation of limits on use of relevant information and derived evidence","content":"### sec.507E Continuation of limits on use of relevant information and derived evidence\n\nDespite the expiry, former section 362MAI continues to apply in relation to—\nrelevant information collected before the expiry; and\nderived evidence, if the evidence was obtained as a direct or indirect result of relevant information mentioned in paragraph (a); and\nevidence relating to relevant information mentioned in paragraph (a) or derived evidence mentioned in paragraph (b).\ns 507E ins 2021 No. 16 s 34\namd 2022 No. 25 s 15 sch 1\n- (a) relevant information collected before the expiry; and\n- (b) derived evidence, if the evidence was obtained as a direct or indirect result of relevant information mentioned in paragraph (a); and\n- (c) evidence relating to relevant information mentioned in paragraph (a) or derived evidence mentioned in paragraph (b).","sortOrder":888},{"sectionNumber":"ch.12-pt.8-div.2","sectionType":"division","heading":"Provision for amendments commencing by proclamation","content":"## Provision for amendments commencing by proclamation","sortOrder":889},{"sectionNumber":"sec.508","sectionType":"section","heading":"Application of s 362ME","content":"### sec.508 Application of s 362ME\n\nSection 362ME, as in force on the commencement, applies in relation to the quarantine fees a person is liable to pay under section 362MD whether the person’s liability under that section arose before, or arises after, the commencement.\ns 508 ins 2021 No. 16 s 48","sortOrder":890},{"sectionNumber":"ch.12-pt.8-div.3","sectionType":"division","heading":"Provisions applying on expiry of chapter 8 , part 7AA","content":"## Provisions applying on expiry of chapter 8 , part 7AA","sortOrder":891},{"sectionNumber":"sec.509","sectionType":"section","heading":"Application of division","content":"### sec.509 Application of division\n\nThis division applies on the expiry of chapter 8, part 7AA.\nThis division does not limit the Acts Interpretation Act 1954 , section 20.\ns 509 ins 2021 No. 16 s 48\n(sec.509-ssec.1) This division applies on the expiry of chapter 8, part 7AA.\n(sec.509-ssec.2) This division does not limit the Acts Interpretation Act 1954 , section 20.","sortOrder":892},{"sectionNumber":"sec.510","sectionType":"section","heading":"Interpretation","content":"### sec.510 Interpretation\n\nIn this division—\nformer , for a provision of this Act, means the provision as in force from time to time before the expiry.\nA reference in a provision of this division to the expiry generally is a reference to the expiry of chapter 8, part 7AA.\nWords defined under former chapter 8, part 7AA and used in this division have the same meaning as they had under the former part.\ns 510 ins 2021 No. 16 s 48\n(sec.510-ssec.1) In this division— former , for a provision of this Act, means the provision as in force from time to time before the expiry.\n(sec.510-ssec.2) A reference in a provision of this division to the expiry generally is a reference to the expiry of chapter 8, part 7AA.\n(sec.510-ssec.3) Words defined under former chapter 8, part 7AA and used in this division have the same meaning as they had under the former part.","sortOrder":893},{"sectionNumber":"sec.511","sectionType":"section","heading":"Continuation of liability under former s 362MD or 362ME arising before expiry","content":"### sec.511 Continuation of liability under former s 362MD or 362ME arising before expiry\n\nThis section applies if, immediately before the expiry, a person was liable under former section 362MD or 362ME to pay the quarantine fees for a person’s quarantine.\nThe expiry of former section 362MD or 362ME does not affect the person’s liability under either provision.\nDespite its expiry, former chapter 8, part 7AA continues to apply in relation to the person.\ns 511 ins 2021 No. 16 s 48\n(sec.511-ssec.1) This section applies if, immediately before the expiry, a person was liable under former section 362MD or 362ME to pay the quarantine fees for a person’s quarantine.\n(sec.511-ssec.2) The expiry of former section 362MD or 362ME does not affect the person’s liability under either provision.\n(sec.511-ssec.3) Despite its expiry, former chapter 8, part 7AA continues to apply in relation to the person.","sortOrder":894},{"sectionNumber":"sec.512","sectionType":"section","heading":"Liability under s 362ME arising on or after expiry","content":"### sec.512 Liability under s 362ME arising on or after expiry\n\nDespite its expiry, section 362ME as in force immediately before the expiry continues to apply in relation to a third party who wishes to accept liability for payment of the quarantine fees that a primary party was, immediately before the expiry, liable to pay under former section 362MD.\nWithout limiting subsection (1)—\nthe third party may, on or after the expiry, give an acceptance notice, as mentioned in section 362ME(1)(b), in relation to the quarantine fees; and\nthe chief executive may, on or after the expiry, approve the third party under section 362ME(2) as an approved person in relation to the primary party.\nDespite its expiry, chapter 8, part 7AA as in force immediately before the expiry continues to apply in relation to a third party who, on or after the expiry, becomes liable under section 362ME, as applied under subsection (1), to pay the quarantine fees for a person’s quarantine.\ns 512 ins 2021 No. 16 s 48\n(sec.512-ssec.1) Despite its expiry, section 362ME as in force immediately before the expiry continues to apply in relation to a third party who wishes to accept liability for payment of the quarantine fees that a primary party was, immediately before the expiry, liable to pay under former section 362MD.\n(sec.512-ssec.2) Without limiting subsection (1)— the third party may, on or after the expiry, give an acceptance notice, as mentioned in section 362ME(1)(b), in relation to the quarantine fees; and the chief executive may, on or after the expiry, approve the third party under section 362ME(2) as an approved person in relation to the primary party.\n(sec.512-ssec.3) Despite its expiry, chapter 8, part 7AA as in force immediately before the expiry continues to apply in relation to a third party who, on or after the expiry, becomes liable under section 362ME, as applied under subsection (1), to pay the quarantine fees for a person’s quarantine.\n- (a) the third party may, on or after the expiry, give an acceptance notice, as mentioned in section 362ME(1)(b), in relation to the quarantine fees; and\n- (b) the chief executive may, on or after the expiry, approve the third party under section 362ME(2) as an approved person in relation to the primary party.","sortOrder":895},{"sectionNumber":"sec.513","sectionType":"section","heading":"Continued application of former s 362MM","content":"### sec.513 Continued application of former s 362MM\n\nThis section applies in relation to a person who, before the expiry—\nwas given a prepayment notice in relation to a prescribed person; and\npaid the amount required under the notice.\nDespite its expiry, former section 362MM continues to apply in relation to the person.\nHowever, former section 362MM applies as if the reference in former section 362MM(1)(b)(i) to the prescribed person not travelling to Queensland within 120 days after the amount is paid under the prepayment notice were a reference to the prescribed person not travelling to Queensland before the expiry.\ns 513 ins 2021 No. 16 s 48\n(sec.513-ssec.1) This section applies in relation to a person who, before the expiry— was given a prepayment notice in relation to a prescribed person; and paid the amount required under the notice.\n(sec.513-ssec.2) Despite its expiry, former section 362MM continues to apply in relation to the person.\n(sec.513-ssec.3) However, former section 362MM applies as if the reference in former section 362MM(1)(b)(i) to the prescribed person not travelling to Queensland within 120 days after the amount is paid under the prepayment notice were a reference to the prescribed person not travelling to Queensland before the expiry.\n- (a) was given a prepayment notice in relation to a prescribed person; and\n- (b) paid the amount required under the notice.","sortOrder":896},{"sectionNumber":"sec.514","sectionType":"section","heading":"Continued application of ss 362MN and 362MO","content":"### sec.514 Continued application of ss 362MN and 362MO\n\nDespite its expiry, section 362MN as in force immediately before the expiry continues to apply for giving a notice, or making an application, in the approved way under, or for, a provision of chapter 8, part 7AA that is continued in effect under this division.\nDespite its expiry, section 362MO as in force immediately before the expiry continues to apply for giving a person a relevant document, within the meaning of that section, under a provision of chapter 8, part 7AA that is continued in effect under this division.\ns 514 ins 2021 No. 16 s 48\n(sec.514-ssec.1) Despite its expiry, section 362MN as in force immediately before the expiry continues to apply for giving a notice, or making an application, in the approved way under, or for, a provision of chapter 8, part 7AA that is continued in effect under this division.\n(sec.514-ssec.2) Despite its expiry, section 362MO as in force immediately before the expiry continues to apply for giving a person a relevant document, within the meaning of that section, under a provision of chapter 8, part 7AA that is continued in effect under this division.","sortOrder":897},{"sectionNumber":"ch.12-pt.9","sectionType":"part","heading":"Transitional provisions for Public Health and Other Legislation (COVID-19 Management) Amendment Act 2022","content":"# Transitional provisions for Public Health and Other Legislation (COVID-19 Management) Amendment Act 2022","sortOrder":898},{"sectionNumber":"sec.515","sectionType":"section","heading":"Application of part","content":"### sec.515 Application of part\n\nThis part applies on the expiry of chapter 3, part 5A.\ns 515 ins 2022 No. 25 s 11","sortOrder":899},{"sectionNumber":"sec.516","sectionType":"section","heading":"Proceedings for particular offence","content":"### sec.516 Proceedings for particular offence\n\nThis section applies in relation to an offence against former section 142K committed by a person before the expiry of chapter 3, part 5A.\nWithout limiting the Acts Interpretation Act 1954 , section 20, a proceeding for the offence may be continued or started, and the person may be convicted of and punished for the offence, as if chapter 3, part 5A had not expired.\nSubsection (2) applies despite the Criminal Code , section 11 .\nIn this section—\nformer section 142K means section 142K as in force from time to time before the expiry of chapter 3, part 5A.\ns 516 ins 2022 No. 25 s 11\n(sec.516-ssec.1) This section applies in relation to an offence against former section 142K committed by a person before the expiry of chapter 3, part 5A.\n(sec.516-ssec.2) Without limiting the Acts Interpretation Act 1954 , section 20, a proceeding for the offence may be continued or started, and the person may be convicted of and punished for the offence, as if chapter 3, part 5A had not expired.\n(sec.516-ssec.3) Subsection (2) applies despite the Criminal Code , section 11 .\n(sec.516-ssec.4) In this section— former section 142K means section 142K as in force from time to time before the expiry of chapter 3, part 5A.","sortOrder":900},{"sectionNumber":"sec.517","sectionType":"section","heading":"Continued application of s 142R","content":"### sec.517 Continued application of s 142R\n\nSection 142R as in force immediately before the expiry of chapter 3, part 5A continues to apply as if that part had not expired.\ns 517 ins 2022 No. 25 s 11","sortOrder":901},{"sectionNumber":"ch.12-pt.10","sectionType":"part","heading":"Transitional provision for Health and Other Legislation Amendment Act 2023","content":"# Transitional provision for Health and Other Legislation Amendment Act 2023","sortOrder":902},{"sectionNumber":"sec.518","sectionType":"section","heading":"Continued application of former s 234 for giving particular notifications","content":"### sec.518 Continued application of former s 234 for giving particular notifications\n\nThis section applies if—\nbefore the commencement, either of the following events happened—\na pathological examination mentioned in former section 234(1) was undertaken;\na person mentioned in former section 234(3) separated from being a patient at a hospital; and\nimmediately before the commencement, the time for giving a notification for the event under the former section had not ended; and\nimmediately before the commencement, the notification had not been given to the chief executive.\nThe notification must be given as if former section 234 had not been repealed.\nIn this section—\nformer section 234 means section 234 as in force from time to time before the commencement.\ns 518 ins 2023 No. 9 s 24\n(sec.518-ssec.1) This section applies if— before the commencement, either of the following events happened— a pathological examination mentioned in former section 234(1) was undertaken; a person mentioned in former section 234(3) separated from being a patient at a hospital; and immediately before the commencement, the time for giving a notification for the event under the former section had not ended; and immediately before the commencement, the notification had not been given to the chief executive.\n(sec.518-ssec.2) The notification must be given as if former section 234 had not been repealed.\n(sec.518-ssec.3) In this section— former section 234 means section 234 as in force from time to time before the commencement.\n- (a) before the commencement, either of the following events happened— (i) a pathological examination mentioned in former section 234(1) was undertaken; (ii) a person mentioned in former section 234(3) separated from being a patient at a hospital; and\n- (i) a pathological examination mentioned in former section 234(1) was undertaken;\n- (ii) a person mentioned in former section 234(3) separated from being a patient at a hospital; and\n- (b) immediately before the commencement, the time for giving a notification for the event under the former section had not ended; and\n- (c) immediately before the commencement, the notification had not been given to the chief executive.\n- (i) a pathological examination mentioned in former section 234(1) was undertaken;\n- (ii) a person mentioned in former section 234(3) separated from being a patient at a hospital; and","sortOrder":903},{"sectionNumber":"ch.12-pt.11","sectionType":"part","heading":"Transitional provisions for Health Legislation Amendment Act (No. 2) 2025","content":"# Transitional provisions for Health Legislation Amendment Act (No. 2) 2025","sortOrder":904},{"sectionNumber":"sec.519","sectionType":"section","heading":"Definition for part","content":"### sec.519 Definition for part\n\nIn this part—\nformer , for a provision of this Act, means the provision as in force from time to time before the commencement.\ns 519 ins 2025 No. 21 s 46","sortOrder":905},{"sectionNumber":"sec.520","sectionType":"section","heading":"Application of new ch 6, pt 3A to particular diagnoses made before commencement","content":"### sec.520 Application of new ch 6, pt 3A to particular diagnoses made before commencement\n\nThis section applies if—\nbefore the commencement, a medical practitioner diagnosed a person with a notifiable dust lung disease within the meaning of former section 279AA; and\nimmediately before the commencement—\nformer section 279AF(2) applied in relation to the diagnosis; and\nthe prescribed period mentioned in former section 279AF(2) had not ended; and\nthe medical practitioner had not complied with former section 279AF(2); and\non the commencement, the disease is a notifiable occupational respiratory disease under new section 279AB.\nNew chapter 6, part 3A, division 1 applies in relation to the diagnosis as if the diagnosis were made on the commencement.\nIn this section—\nnew , for a provision of this Act, means the provision as in force from the commencement.\ns 520 ins 2025 No. 21 s 46\n(sec.520-ssec.1) This section applies if— before the commencement, a medical practitioner diagnosed a person with a notifiable dust lung disease within the meaning of former section 279AA; and immediately before the commencement— former section 279AF(2) applied in relation to the diagnosis; and the prescribed period mentioned in former section 279AF(2) had not ended; and the medical practitioner had not complied with former section 279AF(2); and on the commencement, the disease is a notifiable occupational respiratory disease under new section 279AB.\n(sec.520-ssec.2) New chapter 6, part 3A, division 1 applies in relation to the diagnosis as if the diagnosis were made on the commencement.\n(sec.520-ssec.3) In this section— new , for a provision of this Act, means the provision as in force from the commencement.\n- (a) before the commencement, a medical practitioner diagnosed a person with a notifiable dust lung disease within the meaning of former section 279AA; and\n- (b) immediately before the commencement— (i) former section 279AF(2) applied in relation to the diagnosis; and (ii) the prescribed period mentioned in former section 279AF(2) had not ended; and (iii) the medical practitioner had not complied with former section 279AF(2); and\n- (i) former section 279AF(2) applied in relation to the diagnosis; and\n- (ii) the prescribed period mentioned in former section 279AF(2) had not ended; and\n- (iii) the medical practitioner had not complied with former section 279AF(2); and\n- (c) on the commencement, the disease is a notifiable occupational respiratory disease under new section 279AB.\n- (i) former section 279AF(2) applied in relation to the diagnosis; and\n- (ii) the prescribed period mentioned in former section 279AF(2) had not ended; and\n- (iii) the medical practitioner had not complied with former section 279AF(2); and","sortOrder":906},{"sectionNumber":"sec.521","sectionType":"section","heading":"Proceedings for particular offences","content":"### sec.521 Proceedings for particular offences\n\nThis section applies in relation to an offence against former sections 279AF(2), 279AG(4) or 279AL(1) committed by a person before the commencement.\nWithout limiting the Acts Interpretation Act 1954 , section 20 , a proceeding for the offence may be continued or started, and the person may be convicted of and punished for the offence, as if the Health Legislation Amendment Act (No. 2) 2025 , section 44 had not commenced.\nSubsection (2) applies despite the Criminal Code , section 11 .\ns 521 ins 2025 No. 21 s 46\n(sec.521-ssec.1) This section applies in relation to an offence against former sections 279AF(2), 279AG(4) or 279AL(1) committed by a person before the commencement.\n(sec.521-ssec.2) Without limiting the Acts Interpretation Act 1954 , section 20 , a proceeding for the offence may be continued or started, and the person may be convicted of and punished for the offence, as if the Health Legislation Amendment Act (No. 2) 2025 , section 44 had not commenced.\n(sec.521-ssec.3) Subsection (2) applies despite the Criminal Code , section 11 .","sortOrder":907}],"analysis":{"summary":{"name":"Public Health Act 2005","slug":"public-health-act-2005","title_id":"qld:act-2005-048","version_id":30790,"analysis_type":"summary","content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"Complete in-force Queensland statute of 1,105,121 characters covering the full public health regulatory framework, all 12 chapters, associated parts, divisions and transitional provisions."},"complexity_factors":["Twelve chapters covering distinct regulatory regimes with different institutional actors","Separate frameworks for notifiable conditions, controlled notifiable conditions and public health emergencies","Criminal offences including reckless spread carrying imprisonment","Coercive orders regime: examination, behavioural and detention orders requiring magistrate involvement","Infection control management plan obligations for multiple categories of health facilities","Mandatory notification obligations on doctors, laboratories, hospitals and schools","Broad investigator and emergency officer powers with specific statutory preconditions"],"plain_english_summary":"The Public Health Act 2005 (Qld) is Queensland's principal statute for protecting and promoting public health. Its object under s 6 is to protect and promote the health of the Queensland public, achieved primarily by preventing and controlling risks to public health, identifying and responding to notifiable conditions, minimising infection risks in health care settings, and managing public health emergencies.\n\nThe Act operates across twelve chapters covering distinct regulatory regimes. Chapter 2 addresses public health risks, empowering the chief executive and local governments to issue public health orders, authorise prevention and control programs, manage environmental health events, oversee drinking water safety, and regulate hazardous substances including lead and Legionella in cooling towers. Chapter 2A introduces water management plans for prescribed facilities.\n\nChapter 3 establishes the Notifiable Conditions Register and creates obligations for doctors, laboratory operators and others to notify the chief executive when a person has or is suspected of having a notifiable condition. It also provides for contact tracing, controlled notifiable conditions orders (including initial examination, behavioural and detention orders obtained from a magistrate), and the offence under s 143 of recklessly spreading a controlled notifiable condition, carrying up to 2 years imprisonment.\n\nChapter 4 governs infection control in declared health services (hospitals, medical practices, dental clinics, acupuncture clinics and similar). Operators must have approved infection control management plans. Chapter 4A deals with taking persons to treatment or care places. Chapter 5 covers contagious conditions at schools and child care services, including rules about excluding unvaccinated children, and mandatory reporting of child abuse. Chapter 6 governs statutory registers for perinatal statistics, cancer notifications and occupational respiratory diseases.\n\nChapter 7A empowers the chief executive to issue pollution notices. Chapter 8 creates the public health emergency framework: the Minister may declare a public health emergency under s 319, and emergency officers receive broad powers under Parts 5 through 7 to take protective action. Chapter 9 confers wide investigation and enforcement powers on authorised persons. Chapter 10 deals with proceedings, evidence and appeals."},"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"sec.38(1) and sec.38(2)","severity":"high","reasoning":"A mandatory obligation ('must publish') that carries no consequence for non-compliance ('failure to publish does not affect the authorisation') is logically self-defeating. The word 'must' implies a binding obligation, yet the immediate qualification strips it of any legal effect, creating a duty that is simultaneously mandatory and inconsequential.","confidence":0.97,"description":"The chief executive 'must' publish the authorisation at least 7 days before the program starts, but failure to publish 'does not affect the authorisation'. This renders the mandatory publication requirement entirely toothless and meaningless."},{"type":"self_contradicting","section":"sec.3(1) and sec.3(3)","severity":"medium","reasoning":"Being 'bound' by legislation normally implies consequences for non-compliance. However, sec.3(3) immunises the Commonwealth and other States from prosecution, making the substantive binding in sec.3(1) of limited practical force against those entities. While civil remedies might theoretically remain, sec.4 eliminates civil causes of action for contraventions of the Act, further hollowing out the obligation.","confidence":0.82,"description":"The Act purports to bind the Commonwealth and other States under sec.3(1), but sec.3(3) then provides that nothing in the Act makes the Commonwealth or a State liable to be prosecuted for an offence. This creates a situation where entities are 'bound' by the Act but face no criminal consequence for breaching it, making the binding of the Commonwealth and other States largely nominal."},{"type":"self_contradicting","section":"sec.4 and sec.3(1) and sec.3(3)","severity":"medium","reasoning":"The combination of sec.3(3) (no criminal liability for Crown) and sec.4 (no civil cause of action) means that for Commonwealth and other State entities the binding effect in sec.3(1) is legally unenforceable through either of the two primary legal mechanisms, arguably reducing their 'binding' to a purely aspirational statement.","confidence":0.78,"description":"Read together: the Act binds all persons (sec.3(1)), makes no one liable to prosecution for an offence (sec.3(3) as to Crown entities), and creates no civil cause of action for contravention (sec.4). For Commonwealth and other State entities, this produces a trilemma where an entity is bound but can be neither criminally prosecuted nor civilly sued for breach."},{"type":"circular_definition","section":"sec.11(1)(b)(ix) and sec.11(1)(b)(x)","severity":"low","reasoning":"The definition of 'public health risk' incorporates breach of other sections of the same Act. While this is a common legislative drafting technique, it creates a logical loop: the extent of the regulatory concept depends on what is prescribed in other parts of the instrument being defined.","confidence":0.65,"description":"Items (ix) and (x) define as a 'public health risk' lead or paint that contravenes sections 58-60, which are sections of the same Act. This is a form of circular definition: a thing is a public health risk if it breaches an obligation created elsewhere in the same Act, meaning the scope of 'public health risk' is partly dependent on compliance with other provisions of the very Act it helps to define."},{"type":"impossible_compliance","section":"sec.14(4)","severity":"medium","reasoning":"An authorised person appointed under sec.14(2) or (3) can only exercise powers 'for' an agreement under sec.14(1). If the appointment precedes the agreement, the person holds an appointment without the foundational agreement that gives it purpose, creating an appointment in a legal vacuum until the agreement is reached.","confidence":0.7,"description":"Section 14(4) allows an appointment of an authorised person to be made 'before or after an agreement' under section 14. This means authorised persons can be lawfully appointed to exercise powers for matters outside their authority's normal jurisdiction before any agreement authorising that exercise exists, potentially creating a gap where appointments are valid but the underlying authority to act has not yet been granted."},{"type":"other","section":"sec.15(5)","severity":"low","reasoning":"While this is likely intended to mean an appointment can be made in anticipation of non-compliance, the literal drafting ('before ... has not done a thing') creates logical difficulty: it authorises appointments in anticipation of a negative event (non-compliance) that has not yet materialised, potentially authorising pre-emptive State action before any default by the local government.","confidence":0.72,"description":"Section 15(5) allows appointments of authorised persons to be made 'before or after a local government has not done a thing'. The phrase 'before a local government has not done a thing' is temporally incoherent — you cannot act before a failure has occurred to address a failure that has not yet occurred."},{"type":"self_contradicting","section":"sec.40(1) and sec.40(2)","severity":"low","reasoning":"The practical result is that an authorised person conducting a prevention and control program must stop using program powers and switch to investigation mode to access chapter 9 powers if a contravention is suspected. The restriction and its exception exist within the same section creating an operational anomaly.","confidence":0.68,"description":"Section 40(1) restricts authorised persons undertaking prevention and control programs to powers under 'this part' only, prohibiting use of chapter 9 powers. Section 40(2) then carves out investigations of contraventions of 'a provision of this part'. An authorised person investigating a contravention within the same program can use chapter 9 powers, but one actively conducting the program cannot. This creates an odd incentive structure where the investigative mode is more powerful than the operational mode."}],"contradictions":[{"severity":"low","section_a":"sec.12(1)","section_b":"sec.13(1)","confidence":0.75,"description":"Sections 12 and 13 establish mutually exclusive administration regimes (State only vs local government only), but both are expressly subject to section 14. Section 14 then allows either party to perform functions ordinarily reserved to the other by agreement. The 'only' language in secs 12 and 13 is therefore not absolute, creating ambiguity about the true exclusivity of each regime."},{"severity":"low","section_a":"sec.4","section_b":"sec.5(1)","confidence":0.62,"description":"Section 4 provides that no provision of the Act creates a civil cause of action based on a contravention of the Act. Section 5(1) provides the Act does not affect or limit a civil right or remedy existing apart from the Act. Read together these are consistent in isolation, but sec.5(2) adds that compliance with the Act does not necessarily show a civil obligation has been satisfied or not breached. This implies that the Act's standards are relevant to (but not determinative of) civil obligations, yet sec.4 prevents the Act's contravention from founding any civil action, creating tension about how the Act's standards can be legally relevant without being actionable."},{"severity":"medium","section_a":"sec.16","section_b":"sec.15(1) and sec.15(3)","confidence":0.76,"description":"Section 16 requires the chief executive to consult with the local government chief executive officer and give a 'reasonable opportunity' to act before taking action under sec.15(3). However, sec.15(1)(b) requires the chief executive to already be 'satisfied' the local government 'has not done, or sufficiently done, a thing' before sec.15(3) applies. This creates a procedural contradiction: the trigger for State action is prior non-compliance, yet section 16 requires giving the local government another opportunity to act before the State acts, potentially resetting the factual basis for the satisfaction already reached."},{"severity":"low","section_a":"sec.21(4)","section_b":"sec.26(1)(b)","confidence":0.58,"description":"Section 21(4) requires the compliance period in a public health order to be 'reasonable having regard to the risk to public health'. Section 26(1)(b) requires the magistrate to be satisfied the order was 'appropriate in the circumstances having regard to the nature and seriousness of the risk to public health at the time the order was given'. The public health order standard (sec.21) and the enforcement order review standard (sec.26) apply slightly different criteria — 'reasonable' period vs 'appropriate' order overall — potentially allowing an order with an unreasonable period to still be found 'appropriate' for enforcement purposes, or vice versa."},{"severity":"medium","section_a":"sec.38(1)","section_b":"sec.36(1)","confidence":0.71,"description":"Section 36(1) triggers the chief executive's power to authorise a prevention and control program when there 'is, or is likely to be' an outbreak or plague. Section 38(1) then requires publication at least 7 days before the program starts. Where the risk is imminent (i.e., it already exists rather than 'is likely to be'), a mandatory 7-day pre-publication window may delay response to an active outbreak, creating a tension between the urgency contemplated by the trigger condition and the procedural delay mandated by the publication requirement."}]},"kimi_summary":{"_metrics":{"completionTokens":753},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly from its original 2005 scope. Major additions include: Chapter 2A (water risk management for Legionella in aged care/hospitals, 2016), Chapter 4A (mental health emergency examination powers, 2016), Part 5 (child protection in health facilities, 2005), and extensive amendments to immunisation and school health provisions. The 2023 amendments added cancer notification requirements for diagnostic imaging and hospital treatments. The Act now covers mental health, child safety, and aged care water safety — areas well beyond traditional 'public health' as originally conceived."},"complexity_factors":["Multiple overlapping chapters with distinct regulatory schemes (public health risks, notifiable conditions, infection control, mental health emergencies, child protection)","Extensive cross-referencing to other Queensland and Commonwealth legislation (Biosecurity Act, Mental Health Act, Child Protection Act, etc.)","Complex enforcement hierarchy dividing powers between state government, local councils, and chief executive","Detailed procedural requirements for emergency orders including judicial warrants, appeals, and strict time limits","Numerous defined terms with conditional meanings that vary by context","Confidentiality provisions with multiple exceptions creating nested permission structures","Criminal offence provisions with tiered penalties and executive liability provisions","Subordinate legislation dependencies — many critical operational details left to regulations"],"plain_english_summary":"**What this legislation does:**\n\nThis is Queensland's **Public Health Act 2005** — a comprehensive law that gives the government powers to protect and promote public health across the state. Think of it as the legal backbone for everything from disease outbreaks to water safety.\n\n**Key areas covered:**\n\n- **Public health risks** — Powers to identify, control and remove hazards like contaminated water, pest infestations, asbestos, lead exposure, and unsafe buildings. Local councils and the state share enforcement responsibilities.\n\n- **Notifiable diseases** — Requirements for doctors and hospitals to report certain diseases to authorities, with strict confidentiality rules. Includes contact tracing powers and emergency detention orders for people with dangerous infectious diseases who pose a public health risk.\n\n- **Health care infection control** — Mandatory infection control plans for hospitals, dental practices, and other facilities doing invasive procedures.\n\n- **Mental health emergencies** — Powers for police and ambulance officers to detain and transport people experiencing acute mental health crises for assessment.\n\n- **Child protection in health settings** — Special provisions allowing doctors to hold children at hospitals for up to 96 hours if they suspect abuse or neglect.\n\n- **School health and immunisation** — Powers to exclude unvaccinated children from childcare and schools during disease outbreaks, and to close schools temporarily.\n\n- **Health data collection** — Systems for tracking births, maternal deaths, cancer cases, and environmental health events.\n\n- **Water safety** — Criminal offences for supplying unsafe drinking water or recycled water, with heavy penalties.\n\n**Who it affects:**\nEveryone in Queensland — individuals, businesses, health workers, local councils, schools, childcare centres, hospitals, and water suppliers. The Act creates significant obligations and potential criminal liability for non-compliance.\n\n**Why it matters:**\nThis legislation balances individual rights (privacy, liberty, bodily autonomy) against collective public health needs. It includes extraordinary powers — like forced detention and medical examination — that can only be used when strictly necessary and with judicial oversight. The COVID-19 pandemic demonstrated how critical these frameworks are for emergency response."}},"importantCases":[],"_links":{"self":"/api/acts/public-health-act-2005","history":"/api/acts/public-health-act-2005/history","analysis":"/api/acts/public-health-act-2005/analysis","conflicts":"/api/acts/public-health-act-2005/conflicts","importantCases":"/api/acts/public-health-act-2005/important-cases","documents":"/api/acts/public-health-act-2005/documents"}}