{"id":"nsw:sl-2022-0502","name":"Public Health Regulation 2022","slug":"public-health-regulation-2022","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"502 of 2022","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176026,"registerId":"nsw-nsw:sl-2022-0502-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Regulation","content":"#### 1 Name of Regulation\n\n1 Name of Regulation\n\n> This Regulation is the [Public Health Regulation 2022](/view/html/inforce/current/sl-2022-0502).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Regulation commences on 1 September 2022.\n> \n> Note—\n> \n> This Regulation replaces the [Public Health Regulation 2012](/view/html/repealed/current/sl-2012-0311), which is repealed on 1 September 2022 by the [Subordinate Legislation Act 1989](/view/html/inforce/current/act-1989-146), section 10(2).","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> > (1) The Dictionary in Schedule 7 defines words used in this Regulation.\n> > \n> > Note—\n> > \n> > The [Public Health Act 2010](/view/html/inforce/current/act-2010-127) and the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contain definitions and other provisions that affect the interpretation and application of this Regulation.\n> \n> > (2) A word used in this Regulation has the same meaning as it has in the following publications, unless it is otherwise defined in the Act or this Regulation—\n> > \n> > > (a) AS/NZS 3666.1:2011,\n> > \n> > > (b) AS/NZS 3666.2:2011,\n> > \n> > > (c) AS/NZS 3666.3:2011,\n> > \n> > > (d) AS/NZS 3666.4:2011.\n> \n> > (3) A reference in this Regulation to a publication is a reference to the publication as in force for the time being.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Legionella control—the Act, Part 3, Div 2","content":"# Part 2 Legionella control—the Act, Part 3, Div 2\n\nPart 2 Legionella control—the Act, Part 3, Div 2","sortOrder":4},{"sectionNumber":"Division 1","sectionType":"division","heading":"Air-handling, hot water and humidifying systems","content":"## Division 1 Air-handling, hot water and humidifying systems\n\nDivision 1 Air-handling, hot water and humidifying systems","sortOrder":5},{"sectionNumber":"4","sectionType":"section","heading":"Requirements for air-handling systems","content":"#### 4 Requirements for air-handling systems\n\n4 Requirements for air-handling systems\n\n> > (1) For the Act, section 27, an air-handling system installed in a dwelling is exempt from the operation of the Act, Part 3, Division 2.\n> \n> > (2) For the Act, section 28, an air-handling system must be—\n> > \n> > > (a) installed in accordance with AS/NZS 3666.1:2011, and\n> > \n> > > (b) fitted with supply air filters.\n> \n> > (3) For the Act, section 29—\n> > \n> > > (a) an air-handling system must be operated as required by AS/NZS 3666.2:2011, and\n> > \n> > > (b) there must be safe and easy access to an air-handling system for the purposes of the cleaning, inspection and maintenance of the system.\n> \n> > (4) For the Act, section 30, an air-handling system must be maintained in accordance with—\n> > \n> > > (a) AS/NZS 3666.2:2011, or\n> > \n> > > (b) AS/NZS 3666.4:2011.","sortOrder":6},{"sectionNumber":"5","sectionType":"section","heading":"Requirements for hot water systems","content":"#### 5 Requirements for hot water systems\n\n5 Requirements for hot water systems\n\n> > (1) For the Act, section 27, a hot water system installed in a dwelling is exempt from the operation of the Act, Part 3, Division 2.\n> \n> > (2) For the Act, section 28, a hot water system must be installed in accordance with AS/NZS 3666.1:2011.\n> \n> > (3) For the Act, section 29, a hot water system must be operated as required by AS/NZS 3666.2:2011.\n> \n> > (4) For the Act, section 30—\n> > \n> > > (a) a hot water system must be maintained in accordance with AS/NZS 3666.2:2011, and\n> > \n> > > (b) maintenance must be carried out on a hot water system to ensure that, when the system is in operation, it delivers water at each outlet each time the outlet is turned on at not less than 60°C, once any water standing in the pipe to the outlet before it was turned on has been expelled.","sortOrder":7},{"sectionNumber":"6","sectionType":"section","heading":"Requirements for humidifying systems","content":"#### 6 Requirements for humidifying systems\n\n6 Requirements for humidifying systems\n\n> > (1) For the Act, section 27, a humidifying system installed in a dwelling is exempt from the operation of the Act, Part 3, Division 2.\n> \n> > (2) For the Act, section 29—\n> > \n> > > (a) a humidifying system must be operated as required by AS/NZS 3666.2:2011, and\n> > \n> > > (b) there must be safe and easy access to a humidifying system for the purposes of the cleaning, inspection and maintenance of the system.\n> \n> > (3) For the Act, section 30, a humidifying system must be maintained in accordance with AS/NZS 3666.2:2011.","sortOrder":8},{"sectionNumber":"Division 2","sectionType":"division","heading":"Warm-water systems","content":"## Division 2 Warm-water systems\n\nDivision 2 Warm-water systems","sortOrder":9},{"sectionNumber":"7","sectionType":"section","heading":"Requirements for warm-water systems","content":"#### 7 Requirements for warm-water systems\n\n7 Requirements for warm-water systems\n\n> > (1) For the Act, section 27, a warm-water system installed in a dwelling or other premises is exempt from the operation of the Act, Part 3, Division 2, except if the premises are a hospital.\n> \n> > (2) For the Act, section 28, a warm-water system—\n> > \n> > > (a) must be installed in accordance with AS/NZS 3666.1:2011, and\n> > \n> > > (b) must not be installed in a hospital unless it is of a kind approved in writing by the Secretary.\n> \n> > (3) An application for an approval by the Secretary under subsection (2)(b) must be accompanied by the fee specified in Schedule 5.\n> \n> > (4) For the Act, section 29—\n> > \n> > > (a) a warm-water system must be operated as required by AS/NZS 3666.2:2011, and\n> > \n> > > (b) there must be safe and easy access to a warm-water system for the purposes of the cleaning, inspection and maintenance of the system.\n> \n> > (5) For the Act, section 30—\n> > \n> > > (a) a warm-water system must be maintained in accordance with AS/NZS 3666.2:2011, and\n> > \n> > > (b) maintenance carried out on a warm-water system must comply with the document entitled Water—Requirements for the provision of cold and heated water published by the Ministry of Health.","sortOrder":10},{"sectionNumber":"8","sectionType":"section","heading":"Notification of installation of warm-water systems","content":"#### 8 Notification of installation of warm-water systems\n\n8 Notification of installation of warm-water systems\n\n> > (1) For the Act, section 31, the notice must be—\n> > \n> > > (a) written, and\n> > \n> > > (b) accompanied by the fee, not exceeding the amount specified in Schedule 5, determined by the local government authority for the area in which the premises are located, and\n> > \n> > > (c) given to the local government authority.\n> \n> > (2) The occupier of premises on which a warm-water system is installed must notify the local government authority for the area in which the premises are located within 7 days of a change in the information provided to the authority in the approved form under the Act, section 31.\n> > \n> > Maximum penalty—10 penalty units.\n> \n> > (3) No fee is payable for a notification under subsection (2).","sortOrder":11},{"sectionNumber":"Division 3","sectionType":"division","heading":"Cooling water systems","content":"## Division 3 Cooling water systems\n\nDivision 3 Cooling water systems","sortOrder":12},{"sectionNumber":"9","sectionType":"section","heading":"Requirements for cooling water systems","content":"#### 9 Requirements for cooling water systems\n\n9 Requirements for cooling water systems\n\n> > (1) For the Act, section 27, a cooling water system used solely for making snow is exempt from the operation of the Act, Part 3, Division 2.\n> \n> > (2) For the Act, section 28, a cooling water system must be installed in accordance with AS/NZS 3666.1:2011\n> \n> > (3) For the Act, section 29—\n> > \n> > > (a) a cooling water system must be operated as required by AS/NZS 3666.2:2011, and\n> > \n> > > (b) a cooling water system must be equipped with a disinfection procedure that is in operation at all times and designed to control microbial growth so that—\n> > > \n> > > > (i) the level of *Legionella* in the system is less than 10 colony-forming units per millilitre, and\n> > > \n> > > > (ii) the heterotrophic colony count in the system is less than 100,000 colony-forming units per millilitre, and\n> > \n> > > (c) there must be safe and easy access to a cooling water system for the purposes of the cleaning, inspection and maintenance of the system.","sortOrder":13},{"sectionNumber":"10","sectionType":"section","heading":"Display of unique identification number on cooling towers","content":"#### 10 Display of unique identification number on cooling towers\n\n10 Display of unique identification number on cooling towers\n\n> > (1) The occupier of premises on which a cooling water system is installed must ensure a unique identification number designated by the local government authority is displayed on each cooling tower of a cooling water system in accordance with this section.\n> > \n> > Maximum penalty—20 penalty units.\n> \n> > (2) The number must be displayed on a sign affixed to the cooling tower.\n> \n> > (3) The sign must—\n> > \n> > > (a) have a minimum size of 148mm by 210mm (A5 size), and\n> > \n> > > (b) be clearly visible to a person examining or inspecting the cooling water system, and\n> > \n> > > (c) be made of a durable material.\n> \n> > (4) The number must be first displayed no later than 30 days after the local government authority gives the occupier of the premises notice of the designated unique identification number.","sortOrder":14},{"sectionNumber":"11","sectionType":"section","heading":"Maintenance requirements","content":"#### 11 Maintenance requirements\n\n11 Maintenance requirements\n\n> > (1) This section prescribes the maintenance requirements for cooling water systems for the Act, section 30.\n> \n> > (2) A cooling water system must be maintained in accordance with AS/NZS 3666.3:2011, including the control strategies set out in Table 3.1 for *Legionella* and Table 3.2 for heterotrophic micro-organisms.\n> \n> > (3) A risk assessment for a cooling water system required under AS/NZS 3666.3:2011 must be—\n> > \n> > > (a) conducted in accordance with section 12, and\n> > \n> > > (b) documented and reported in accordance with section 13, and\n> > \n> > > (c) audited in accordance with section 14.\n> \n> > (4) Sampling, testing and inspection of a cooling water system must be conducted in accordance with section 17.\n> \n> > (5) Despite subsection (2), a cooling water system at a thermal power station is not required to be maintained in accordance with AS/NZS 3666.3:2011, clauses 3.2 and 3.3.\n> \n> > (6) Instead, a cooling water system at a thermal power station must be maintained in accordance with the Thermal Power Station Main Water Cooling Systems—Trigger Action Response Protocols, published by the Ministry of Health.","sortOrder":15},{"sectionNumber":"12","sectionType":"section","heading":"Conduct of risk assessments","content":"#### 12 Conduct of risk assessments\n\n12 Conduct of risk assessments\n\n> > (1) A risk assessment for a cooling water system must be undertaken by, or under the supervision of, a competent person.\n> \n> > (2) A competent person who undertakes a risk assessment must indicate in the report of the assessment whether, after having regard to the approved form used in setting out a risk assessment, the competent person has determined that the cooling water system is low-risk, medium-risk or high-risk.\n> \n> > (3) The first risk assessment must be completed before the cooling water system commences operating.\n> \n> > (4) A new risk assessment must be undertaken for a high-risk cooling water system—\n> > \n> > > (a) at least once every 12 months after the system is determined to be high-risk, and\n> > \n> > > (b) if there is reason to believe that the latest risk assessment is no longer valid, no later than 30 days after the reason becomes apparent.\n> \n> > (5) A new risk assessment must be undertaken for a low-risk or medium-risk cooling water system—\n> > \n> > > (a) at least once every 5 years after the system is determined to be low-risk or medium-risk, and\n> > \n> > > (b) if there is reason to believe that the latest risk assessment is no longer valid, no later than 30 days after the reason becomes apparent.","sortOrder":16},{"sectionNumber":"13","sectionType":"section","heading":"Reporting on risk assessments","content":"#### 13 Reporting on risk assessments\n\n13 Reporting on risk assessments\n\n> > (1) A risk assessment for a cooling water system must be documented in the approved form.\n> \n> > (2) The occupier of the premises on which a cooling water system is installed must notify the local government authority for the area, in the approved form, no later than 7 days after a risk assessment required by this Division has been completed.","sortOrder":17},{"sectionNumber":"14","sectionType":"section","heading":"Auditing of risk assessments","content":"#### 14 Auditing of risk assessments\n\n14 Auditing of risk assessments\n\n> > (1) Compliance with the risk assessment of a cooling water system over a 12-month audit period must be audited.\n> \n> > (2) The audit period for a risk assessment required by section 12(3) is—\n> > \n> > > (a) the 12 months after the risk assessment is required by section 12(3), and\n> > \n> > > (b) every 12 months after that.\n> \n> > (3) The audit period for a new risk assessment required by section 12(4) or (5) is—\n> > \n> > > (a) the 12 months after the new risk assessment is required by section 12(4) or (5), and\n> > \n> > > (b) every 12 months after that.\n> \n> > (4) An audit must be completed within 2 months after the end of the audit period.\n> \n> > (5) An audit must be documented in the approved form.\n> \n> > (6) The occupier must notify the local government authority for the area, in the approved form, no later than 7 days after each audit required by this section is completed.\n> \n> > (7) An audit must be carried out by a person who has been approved by the Secretary as an auditor.","sortOrder":18},{"sectionNumber":"15","sectionType":"section","heading":"Approval of auditors of risk assessments","content":"#### 15 Approval of auditors of risk assessments\n\n15 Approval of auditors of risk assessments\n\n> > (1) The Secretary may approve a person as an auditor for the purposes of section 14.\n> \n> > (2) However, the Secretary may not approve the following—\n> > \n> > > (a) the occupier,\n> > \n> > > (b) the person who undertook the risk assessment,\n> > \n> > > (c) a duly qualified person who installed, operated or maintained the cooling water system at any time in the previous 5 years,\n> > \n> > > (d) the operator of a laboratory that carried out testing of the cooling water system at any time in the previous 5 years,\n> > \n> > > (e) a person employed or engaged by the person who employed or engaged a person referred to in paragraph (b), (c) or (d).\n> \n> > (3) An application for approval as an auditor must be made to the Secretary in the approved form.\n> \n> > (4) An approval of the Secretary has effect for the period specified by the Secretary in the approval, unless sooner revoked by the Secretary in writing.","sortOrder":19},{"sectionNumber":"16","sectionType":"section","heading":"Other risk assessments","content":"#### 16 Other risk assessments\n\n16 Other risk assessments\n\n> > (1) The Secretary may notify an occupier that a new risk assessment of a cooling water system must be undertaken if—\n> > \n> > > (a) reportable test results have been notified for the cooling water system under section 18, or\n> > \n> > > (b) the Secretary considers the existing risk assessment is not sufficient to protect public health.\n> \n> > (2) If the Secretary notifies an occupier that a new risk assessment must be undertaken, the occupier must ensure the new risk assessment is carried out by, or under the supervision of, a competent person within 30 days of the notice being given.\n> \n> > (3) An authorised officer may review a risk assessment at any time.","sortOrder":20},{"sectionNumber":"17","sectionType":"section","heading":"Sampling, testing and inspection","content":"#### 17 Sampling, testing and inspection\n\n17 Sampling, testing and inspection\n\n> > (1) Samples of water must be taken from a cooling water system—\n> > \n> > > (a) at least once a month, and\n> > \n> > > (b) in accordance with AS/NZS 3666.3:2011, and\n> > \n> > > (c) by a duly qualified person.\n> \n> > (2) Samples taken in accordance with this section must be tested for *Legionella* and heterotrophic colony count in accordance with AS/NZS 3666.3:2011.\n> \n> > (3) A cooling water system must be inspected and a chemical analysis of the cooling water system must be carried out—\n> > \n> > > (a) at least once a month, and\n> > \n> > > (b) in accordance with AS/NZS 3666.3:2011, and\n> > \n> > > (c) by a duly qualified person.\n> \n> > (4) A report prepared by a duly qualified person, in relation to the testing, inspection and chemical analysis required by this section must be—\n> > \n> > > (a) prepared in accordance with AS/NZS 3666.3:2011, and\n> > \n> > > (b) provided to the occupier at least once a month, and\n> > \n> > > (c) in the approved form.","sortOrder":21},{"sectionNumber":"18","sectionType":"section","heading":"Provision of test results","content":"#### 18 Provision of test results\n\n18 Provision of test results\n\n> > (1) The occupier of premises on which a cooling water system is installed must ensure reportable test results are provided, in the approved form, to the local government authority for the area no later than 24 hours after they are received by the occupier.\n> > \n> > Maximum penalty—20 penalty units.\n> \n> > (2) In this section—\n> > \n> > reportable test results means the results of a laboratory test of a cooling water system carried out in accordance with section 17 showing—\n> > \n> > > (a) the number of colony-forming units for *Legionella* is greater than or equal to 1,000 colony-forming units per millilitre, or\n> > \n> > > (b) the heterotrophic colony count is greater than or equal to 5 million colony-forming units per millilitre.","sortOrder":22},{"sectionNumber":"19","sectionType":"section","heading":"Availability of records and other information","content":"#### 19 Availability of records and other information\n\n19 Availability of records and other information\n\n> > (1) The occupier of premises on which a cooling water system is installed must ensure the required documents are—\n> > \n> > > (a) kept on the premises and made available for inspection on request by an authorised officer, or\n> > \n> > > (b) kept electronically and made available for inspection, on request by an authorised officer, within 4 hours of the request.\n> > \n> > Maximum penalty—20 penalty units.\n> \n> > (2) The occupier of premises on which a cooling water system is installed must ensure the following information is provided, in electronic or paper form, on request by an authorised officer within 4 hours of the request—\n> > \n> > > (a) the contact details of each duly qualified person who installed, operated or maintained the cooling water system in the last 5 years, and\n> > \n> > > (b) the contact details of each competent person who has provided services in relation to the cooling water system in the last 5 years.\n> > \n> > Maximum penalty—20 penalty units.\n> \n> > (3) In this section—\n> > \n> > required documents, in relation to a cooling water system, means the following—\n> > \n> > > (a) the documentation of the most recent risk assessment prepared under section 13(1),\n> > \n> > > (b) the notice of the most recent risk assessment given under section 13(2),\n> > \n> > > (c) the documentation of each audit of compliance prepared under section 14 that was carried out in the last 5 years,\n> > \n> > > (d) the notice of each audit of compliance provided under section 14(6),\n> > \n> > > (e) the reports prepared under section 17(4) in the last 5 years,\n> > \n> > > (f) the operating and maintenance manuals for the system,\n> > \n> > > (g) all records of the maintenance and service of the system.","sortOrder":23},{"sectionNumber":"20","sectionType":"section","heading":"Notification of installation of cooling water systems","content":"#### 20 Notification of installation of cooling water systems\n\n20 Notification of installation of cooling water systems\n\n> > (1) For the Act, section 31, the notice must be—\n> > \n> > > (a) written, and\n> > \n> > > (b) accompanied by the fee, not exceeding the amount specified in Schedule 5, determined by the local government authority for the area in which the premises are located, and\n> > \n> > > (c) given to the local government authority.\n> \n> > (2) The occupier of premises on which a cooling water system is installed must notify the local government authority for the area in which the premises are located within 7 days of a change in the information provided to the authority in the approved form under the Act, section 31.\n> > \n> > Maximum penalty—10 penalty units.\n> \n> > (3) No fee is payable for a notification under subsection (2).","sortOrder":24},{"sectionNumber":"Division 4","sectionType":"division","heading":"Miscellaneous","content":"## Division 4 Miscellaneous\n\nDivision 4 Miscellaneous","sortOrder":25},{"sectionNumber":"21","sectionType":"section","heading":"Conduct of certain tests","content":"#### 21 Conduct of certain tests\n\n21 Conduct of certain tests\n\n> For the Act, sections 29 and 30, the following tests carried out while complying with this Part must be carried out in a laboratory accredited by the National Association of Testing Authorities for that purpose—\n> \n> > (a) a test for the presence of *Legionella* in a regulated system,\n> \n> > (b) a test to determine the heterotrophic colony count in a regulated system.","sortOrder":26},{"sectionNumber":"22","sectionType":"section","heading":"Falsifying test results","content":"#### 22 Falsifying test results\n\n22 Falsifying test results\n\n> A person who provides test results in purported compliance with a requirement under this Part, knowing the test result is false or misleading in a material respect, is guilty of an offence.\n> \n> Maximum penalty—20 penalty units.","sortOrder":27},{"sectionNumber":"23","sectionType":"section","heading":"Maintenance precautions","content":"#### 23 Maintenance precautions\n\n23 Maintenance precautions\n\n> If maintenance of a regulated system is being carried out on the premises on which it is installed, the occupier or duly qualified person, or another person carrying out the maintenance otherwise than as an employee, is guilty of an offence if appropriate measures are not taken—\n> \n> > (a) to minimise contamination of adjoining areas and the ambient environment by aerosols, dust, particulate matter or effluent, and\n> \n> > (b) to prevent public access to the area in which the maintenance is being carried out.\n> \n> Maximum penalty—20 penalty units.","sortOrder":28},{"sectionNumber":"24","sectionType":"section","heading":"Display of prohibition orders","content":"#### 24 Display of prohibition orders\n\n24 Display of prohibition orders\n\n> The occupier of premises on which a regulated system is installed who has been served with a prohibition order must display a copy of the order in a conspicuous place at or near each entrance to the premises.\n> \n> Maximum penalty—10 penalty units.","sortOrder":29},{"sectionNumber":"25","sectionType":"section","heading":"Register of warm-water systems and cooling water systems","content":"#### 25 Register of warm-water systems and cooling water systems\n\n25 Register of warm-water systems and cooling water systems\n\n> > (1) A local government authority must maintain a register of warm-water systems and cooling water systems installed on premises in the local government authority’s area.\n> \n> > (2) The register must contain the following information about each warm-water system or cooling water system—\n> > \n> > > (a) the address and telephone number of the premises on which the system is installed,\n> > \n> > > (b) the contact details of the occupier of the premises,\n> > \n> > > (c) the Australian Business Number or Australian Company Number, if any, of the occupier of the premises,\n> > \n> > > (d) the type of system,\n> > \n> > > (e) for a cooling water system—the unique identification number designated by the local government authority for each cooling tower in the system,\n> > \n> > > (f) whether or not the local government authority has been notified by the occupier that a risk assessment has been prepared for the system,\n> > \n> > > (g) the reportable test results, within the meaning of section 18, of which the local government authority has been notified by the occupier,\n> > \n> > > (h) details of each notice of audit provided to the local government authority under section 14(6),\n> > \n> > > (i) details of the inspections carried out by the local government authority for the purposes of the Act.\n> \n> > (3) A local government authority must make the register available for inspection without charge if requested by—\n> > \n> > > (a) the Secretary, or\n> > \n> > > (b) a public health officer, or\n> > \n> > > (c) an officer of the Ministry of Health authorised by the Secretary.","sortOrder":30},{"sectionNumber":"Part 3","sectionType":"part","heading":"Public swimming pools and spa pools—the Act, Part 3, Div 3","content":"# Part 3 Public swimming pools and spa pools—the Act, Part 3, Div 3\n\nPart 3 Public swimming pools and spa pools—the Act, Part 3, Div 3","sortOrder":31},{"sectionNumber":"26","sectionType":"section","heading":"Water play parks","content":"#### 26 Water play parks\n\n26 Water play parks\n\n> For the Act, section 34, definition of public swimming pool or spa pool, a water play park or other recreational aquatic structure is declared not to be a public swimming pool or spa pool if it—\n> \n> > (a) uses a public water supply, and\n> \n> > (b) does not use a recirculation system, and\n> \n> > (c) does not store water.","sortOrder":32},{"sectionNumber":"27","sectionType":"section","heading":"Operating requirements","content":"#### 27 Operating requirements\n\n27 Operating requirements\n\n> > (1) The requirements set out in Schedule 1 are—\n> > \n> > > (a) the prescribed operating requirements for public swimming pools and spa pools for the Act, Part 3, Division 3, and\n> > \n> > > (b) the standards prescribed for public swimming pools and spa pools for the Act, section 36.\n> \n> > (2) This section does not apply to a natural swimming pool.","sortOrder":33},{"sectionNumber":"28","sectionType":"section","heading":"Temporary closure of public swimming pools and spa pools","content":"#### 28 Temporary closure of public swimming pools and spa pools\n\n28 Temporary closure of public swimming pools and spa pools\n\n> > (1) The Secretary may, by written order served on the occupier of premises at which a public swimming pool or spa pool is situated, direct the pool to be closed for use by members of the public until the order is revoked, if satisfied on reasonable grounds that the pool is a risk to public health.\n> \n> > (2) An order must be accompanied by a written statement of the reasons for the making of the order.\n> \n> > (3) A person on whom an order has been served must comply with the terms of the order while it remains in force.\n> > \n> > Maximum penalty—20 penalty units.\n> \n> > (4) A person on whom an order has been served must, while the order remains in force, display a copy of the order in a conspicuous place at or near each entrance to the pool.\n> > \n> > Maximum penalty—10 penalty units.\n> \n> > (5) The Secretary must, by written notice served on the occupier of the premises, revoke an order if satisfied on reasonable grounds that the public swimming pool or spa pool in relation to which the order is in force is no longer a risk to public health.","sortOrder":34},{"sectionNumber":"29","sectionType":"section","heading":"Secretary may order pool disinfection or other action","content":"#### 29 Secretary may order pool disinfection or other action\n\n29 Secretary may order pool disinfection or other action\n\n> > (1) The Secretary may, by written notice, direct the occupier of premises at which a public swimming pool or spa pool is situated to disinfect the pool, or to take other action, in accordance with the direction, if satisfied that the pool is a risk to public health.\n> \n> > (2) An occupier of premises to whom a direction is given must not, without reasonable excuse, fail to comply with the direction.\n> > \n> > Maximum penalty (subsection (2))—20 penalty units.","sortOrder":35},{"sectionNumber":"30","sectionType":"section","heading":"Notification of public swimming pools and spa pools","content":"#### 30 Notification of public swimming pools and spa pools\n\n30 Notification of public swimming pools and spa pools\n\n> > (1) For the Act, section 35(2), the notice must be—\n> > \n> > > (a) written, and\n> > \n> > > (b) accompanied by the fee, not exceeding the amount specified in Schedule 5, determined by the local government authority for the area in which the public swimming pool or spa pool is located, and\n> > \n> > > (c) given to the local government authority.\n> \n> > (2) The occupier of premises at which a public swimming pool or spa pool is situated must notify the local government authority for the area in which the pool is located within 7 days of a change in the information provided to the authority in the approved form under the Act, section 35(2).\n> > \n> > Maximum penalty—10 penalty units.\n> \n> > (3) No fee is payable for a notification under subsection (2).\n> \n> > (4) This section does not apply to a natural swimming pool.","sortOrder":36},{"sectionNumber":"31","sectionType":"section","heading":"Register of public swimming pools and spa pools","content":"#### 31 Register of public swimming pools and spa pools\n\n31 Register of public swimming pools and spa pools\n\n> > (1) A local government authority must maintain a register of public swimming pools and spa pools in the local government authority’s area.\n> \n> > (2) The register must contain the following information about each public swimming pool or spa pool—\n> > \n> > > (a) the address and telephone number of the premises on which the public swimming pool or spa pool is located,\n> > \n> > > (b) the contact details of the occupier of the premises,\n> > \n> > > (c) the Australian Business Number or Australian Company Number, if any, of the occupier of the premises,\n> > \n> > > (d) details of the inspections carried out by the local government authority for the purposes of the Act.\n> \n> > (3) A local government authority must make the register available for inspection without charge if requested by—\n> > \n> > > (a) the Secretary, or\n> > \n> > > (b) a public health officer, or\n> > \n> > > (c) an officer of the Ministry of Health authorised by the Secretary.\n> \n> > (4) This section does not apply to a natural swimming pool.","sortOrder":37},{"sectionNumber":"Part 4","sectionType":"part","heading":"Skin penetration procedures—the Act, Part 3, Div 4","content":"# Part 4 Skin penetration procedures—the Act, Part 3, Div 4\n\nPart 4 Skin penetration procedures—the Act, Part 3, Div 4","sortOrder":38},{"sectionNumber":"31A","sectionType":"section","heading":"Definition","content":"#### 31A Definition\n\n31A Definition\n\n> In this part—\n> \n> appropriate sharps container means a sharps container that complies with AS 23907:2023, Sharps injury protection - Requirements and test methods - Sharps containers (ISO 23907-2:2019, MOD).\n> \n> **s 31A:** Ins 2025 (624), Sch 1\\[1\\].","sortOrder":40},{"sectionNumber":"32","sectionType":"section","heading":"Skin penetration procedures","content":"#### 32 Skin penetration procedures\n\n32 Skin penetration procedures\n\n> > (1) Colonic lavage is declared to be a skin penetration procedure.\n> \n> > (2) Laser hair removal is declared not to be a skin penetration procedure.","sortOrder":41},{"sectionNumber":"33","sectionType":"section","heading":"Requirements for premises at which skin penetration procedures are carried out","content":"#### 33 Requirements for premises at which skin penetration procedures are carried out\n\n33 Requirements for premises at which skin penetration procedures are carried out\n\n> For the Act, section 38(1), the requirements set out in Divisions 2 and 3 are prescribed.","sortOrder":42},{"sectionNumber":"34","sectionType":"section","heading":"Premises must be properly equipped","content":"#### 34 Premises must be properly equipped\n\n34 Premises must be properly equipped\n\n> > (1) Premises where skin penetration procedures are carried out must—\n> > \n> > > (a) be clean and hygienic, and\n> > \n> > > (b) have a waste disposal bin, and\n> > \n> > > (c) have a hand basin that—\n> > > \n> > > > (i) has a supply of clean, warm, potable water, and\n> > > \n> > > > (ii) is not obstructed or used for storage, and\n> > \n> > > (d) if equipment used in skin penetration procedures at the premises is cleaned at the premises—have a separate sink with a supply of clean, warm water that is used only for cleaning equipment, and\n> > \n> > > (e) have the following available for use by persons carrying out skin penetration procedures at the premises—\n> > > \n> > > > (i) liquid soap,\n> > > \n> > > > (ii) an alcohol-based hand cleaner,\n> > > \n> > > > (iii) single use towels or a working automatic hand dryer,\n> > > \n> > > > (iv) single use gloves, clean linen and gowns or aprons that are appropriate for the skin procedures carried out at the premises.\n> \n> > (2) Equipment at premises where skin penetration procedures are carried out must—\n> > \n> > > (a) be in good working order, and\n> > \n> > > (b) be cleaned and dried after use, and\n> > \n> > > (c) be kept in a clean and dry condition.","sortOrder":44},{"sectionNumber":"35","sectionType":"section","heading":"Toilets for colonic lavage procedures","content":"#### 35 Toilets for colonic lavage procedures\n\n35 Toilets for colonic lavage procedures\n\n> Premises at which a colonic lavage procedure is carried out must have a toilet that is—\n> \n> > (a) available for use by clients and not by the general public, and\n> \n> > (b) for a procedure using a closed system—located close to the room in which the procedure is being carried out, and\n> \n> > (c) for a procedure using an open system—located in the immediate area of the room in which the procedure is being carried out.","sortOrder":45},{"sectionNumber":"36","sectionType":"section","heading":"Premises must have sharps containers and sterile disposable needles","content":"#### 36 Premises must have sharps containers and sterile disposable needles\n\n36 Premises must have sharps containers and sterile disposable needles\n\n> > (1) If skin penetration procedures involving the use of sharps are carried out at the premises, there must be an appropriate sharps container at the premises.\n> \n> > (2) If skin penetration procedures involving the use of needles are carried out at the premises, there must be an adequate supply of sterile disposable needles at the premises.\n> \n> > (3) (Repealed)\n> \n> **s 36:** Am 2025 (624), Sch 1\\[2\\].","sortOrder":46},{"sectionNumber":"37","sectionType":"section","heading":"Reusable articles must be sterilised","content":"#### 37 Reusable articles must be sterilised\n\n37 Reusable articles must be sterilised\n\n> > (1) All reusable articles used to penetrate a person’s skin for skin penetration procedures must be sterilised at the premises or off-site.\n> \n> > (2) If reusable articles are sterilised at the premises—\n> > \n> > > (a) an autoclave must be used, and\n> > \n> > > (b) there must be at least 1 person present at the time the autoclave is used who is adequately trained in the operation of the autoclave, and\n> > \n> > > (c) the sterilisation must be carried out in accordance with AS 5369:2023, and\n> > \n> > > (d) the autoclave must be calibrated at least every 12 months in accordance with AS 5369:2023.\n> \n> > (3) If reusable articles are sterilised at the premises, the occupier of the premises must make, and keep for at least 12 months, a record of—\n> > \n> > > (a) the time and date when each article was sterilised, and\n> > \n> > > (b) the length of time the article was autoclaved and the temperature and pressure levels of the autoclave.\n> \n> > (4) If reusable articles are sterilised off-site, the occupier of the premises must—\n> > \n> > > (a) make, and keep for at least 12 months, a record of the date on which each article was sent off-site for sterilisation and the contact details of the person who sterilised the article, and\n> > \n> > > (b) keep, for at least 12 months, a copy of the report on the sterilisation by the person who sterilised the article.\n> \n> > (5) In this section—\n> > \n> > AS 5369:2023 means AS 5369:2023, Reprocessing of reusable medical devices and other devices in health and non-health related facilities.\n> > \n> > autoclave means a bench top autoclave that uses steam under pressure.\n> \n> **s 37:** Am 2025 (624), Sch 1\\[3\\] \\[4\\].","sortOrder":47},{"sectionNumber":"38","sectionType":"section","heading":"Use of needles, sharps and other articles","content":"#### 38 Use of needles, sharps and other articles\n\n38 Use of needles, sharps and other articles\n\n> > (1) A person who carries out a skin penetration procedure must not use a needle that has previously been used in a skin penetration procedure.\n> > \n> > Maximum penalty—20 penalty units.\n> \n> > (2) A person who uses a needle in a skin penetration procedure must dispose of the needle in the appropriate sharps container immediately after completing the procedure.\n> > \n> > Maximum penalty—20 penalty units.\n> \n> > (3) A person who uses an article in a skin penetration procedure that is manufactured for a single use only must dispose of the article immediately after completing the procedure.\n> > \n> > Maximum penalty—20 penalty units.\n> \n> > (4) A person who uses a non-reusable sharp in a skin penetration procedure must dispose of the sharp in the appropriate sharps container immediately after completing the procedure.\n> > \n> > Maximum penalty—20 penalty units.\n> \n> > (5) A person must not use an article that may penetrate the skin of a person in a skin penetration procedure unless it is clean and has been sterilised and kept in a sterile environment.\n> > \n> > Maximum penalty—20 penalty units.\n> \n> > (6) A person must not use an article in a skin penetration procedure if the article has previously been used in a skin penetration procedure but did not penetrate the skin of the person undergoing the previous procedure unless the article has been cleaned and kept in a clean condition.\n> > \n> > Maximum penalty—20 penalty units.\n> \n> > (7) (Repealed)\n> \n> **s 38:** Am 2025 (624), Sch 1\\[2\\].","sortOrder":49},{"sectionNumber":"39","sectionType":"section","heading":"Protective equipment to be worn","content":"#### 39 Protective equipment to be worn\n\n39 Protective equipment to be worn\n\n> > (1) A person who carries out a skin penetration procedure must—\n> > \n> > > (a) wear gloves that have never been used before, and\n> > \n> > > (b) appropriately dispose of the gloves immediately after completing the procedure.\n> > \n> > Maximum penalty—20 penalty units.\n> \n> > (2) A person who carries out a skin penetration procedure, other than colonic lavage, must wear a clean gown or apron during the procedure.\n> > \n> > Maximum penalty—20 penalty units.\n> \n> > (3) A person who carries out colonic lavage must wear a clean gown made of impermeable material during the procedure.\n> > \n> > Maximum penalty—20 penalty units.\n> \n> > (4) This section does not apply to a person carrying out a skin penetration procedure involving the use of wax for the purposes of hair removal unless the person reasonably suspects that the person will be exposed to human bodily substances during the procedure.","sortOrder":50},{"sectionNumber":"40","sectionType":"section","heading":"Use of inks and pigments","content":"#### 40 Use of inks and pigments\n\n40 Use of inks and pigments\n\n> > (1) A person who carries out a skin penetration procedure involving the use of ink, pigment or other liquid must, for each person undergoing the procedure—\n> > \n> > > (a) decant the liquid into a single use container, and\n> > \n> > > (b) use a single use applicator.\n> > \n> > Maximum penalty—20 penalty units.\n> \n> > (2) This section does not apply to skin penetration procedures involving the use of wax for the purposes of hair removal.","sortOrder":51},{"sectionNumber":"41","sectionType":"section","heading":"Use of wax for hair removal","content":"#### 41 Use of wax for hair removal\n\n41 Use of wax for hair removal\n\n> A person who carries out a skin penetration procedure using wax for the purposes of hair removal must dispose of the wax, and the instrument used to apply the wax, such as a spatula, immediately after completing the procedure.\n> \n> Maximum penalty—20 penalty units.","sortOrder":52},{"sectionNumber":"42","sectionType":"section","heading":"Notification of carrying out of skin penetration procedures","content":"#### 42 Notification of carrying out of skin penetration procedures\n\n42 Notification of carrying out of skin penetration procedures\n\n> > (1) For the Act, section 38(2), the notice must be—\n> > \n> > > (a) written, and\n> > \n> > > (b) accompanied by the fee, not exceeding the amount specified in Schedule 5, determined by the local government authority for the area in which—\n> > > \n> > > > (i) the premises are located, or\n> > > \n> > > > (ii) if the skin penetration procedures are carried out in mobile premises—the occupier resides, and\n> > \n> > > (c) given to the local government authority before skin penetration procedures are carried out at the premises.\n> \n> > (2) The occupier of premises where skin penetration procedures are carried out must notify the local government authority for the area in which the premises are located within 7 days of a change in the information provided to the authority in the approved form under the Act, section 38(2).\n> > \n> > Maximum penalty—10 penalty units.\n> \n> > (3) No fee is payable for a notification under subsection (2).","sortOrder":54},{"sectionNumber":"43","sectionType":"section","heading":"Register of premises where skin penetration procedures are carried out","content":"#### 43 Register of premises where skin penetration procedures are carried out\n\n43 Register of premises where skin penetration procedures are carried out\n\n> > (1) A local government authority must keep a register of premises in the local government authority’s area at which skin penetration procedures are carried out.\n> \n> > (2) The following details must be entered in the register in relation to each premises—\n> > \n> > > (a) the address and telephone number of the premises,\n> > \n> > > (b) the contact details of the occupier of the premises,\n> > \n> > > (c) the Australian Business Number or Australian Company Number, if any, of the occupier,\n> > \n> > > (d) the type of skin penetration procedures carried out at the premises,\n> > \n> > > (e) details of inspections of the premises carried out by the local government authority,\n> > \n> > > (f) for skin penetration procedures carried out in mobile premises, the local government areas in which the occupier of the premises intends to carry out the procedures.\n> \n> > (3) A local government authority must make the register available for inspection without charge if requested by—\n> > \n> > > (a) the Secretary, or\n> > \n> > > (b) a public health officer, or\n> > \n> > > (c) an officer of the Ministry of Health authorised by the Secretary.","sortOrder":55},{"sectionNumber":"44","sectionType":"section","heading":"Display of prohibition orders","content":"#### 44 Display of prohibition orders\n\n44 Display of prohibition orders\n\n> The occupier of premises at which skin penetration procedures are carried out who has been served with a prohibition order must display a copy of the order in a conspicuous place at or near each entrance to the premises.\n> \n> Maximum penalty—10 penalty units.","sortOrder":56},{"sectionNumber":"Part 5","sectionType":"part","heading":"Safety measures for drinking water—the Act, Part 3, Div 1","content":"# Part 5 Safety measures for drinking water—the Act, Part 3, Div 1\n\nPart 5 Safety measures for drinking water—the Act, Part 3, Div 1","sortOrder":57},{"sectionNumber":"45","sectionType":"section","heading":"Information to be included in all QAPs","content":"#### 45 Information to be included in all QAPs\n\n45 Information to be included in all QAPs\n\n> A QAP of a supplier of drinking water must include the following—\n> \n> > (a) the identification of potential health risks associated with the supply of drinking water,\n> \n> > (b) a process for controlling the potential health risks in accordance with the Framework for Management of Drinking Water Quality, as set out in the Australian Drinking Water Guidelines published by the National Health and Medical Research Council,\n> \n> > (c) for a supplier of drinking water other than a private water supplier or water carter—the matters required under Division 2,\n> \n> > (d) for a private water supplier—the matters required under Division 3,\n> \n> > (e) for a water carter—the matters required under Division 4.","sortOrder":59},{"sectionNumber":"46","sectionType":"section","heading":"Information to be included in QAPs for suppliers other than private water suppliers or water carters","content":"#### 46 Information to be included in QAPs for suppliers other than private water suppliers or water carters\n\n46 Information to be included in QAPs for suppliers other than private water suppliers or water carters\n\n> A QAP of a supplier of drinking water who is not a private water supplier or water carter must include information about the following—\n> \n> > (a) a commitment by the supplier to drinking water quality management and a description of how the commitment is communicated to staff and included in planning and policy documents,\n> \n> > (b) research and development carried out in relation to maintaining or improving the quality of the drinking water, including a list of previous water quality studies and plans for future studies,\n> \n> > (c) systems or procedures for record keeping,\n> \n> > (d) systems or procedures for the following—\n> > \n> > > (i) reviewing the monitoring of the operation of the drinking water supply system,\n> > \n> > > (ii) verifying the drinking water supply system,\n> > \n> > > (iii) reporting the results of the reviews to management and external parties,\n> \n> > (e) procedures for the validation of equipment used, and the treatment processes carried out, for the drinking water supply system,\n> \n> > (f) the management of the drinking water supply system, including the following—\n> > \n> > > (i) an assessment of the risks to the drinking water supply system,\n> > \n> > > (ii) an assessment of the maximum and residual risks to the drinking water supply system,\n> > \n> > > (iii) identification of hazards to the drinking water supply system,\n> > \n> > > (iv) measures to prevent hazards to the drinking water supply system, known as preventive measures,\n> > \n> > > (v) management, if possible, of risks to the drinking water supply system, known as control points,\n> > \n> > > (vi) communication to staff about control points that are critical to the drinking water supply system and drinking water quality, known as critical control points,\n> > \n> > > (vii) actions to improve the drinking water supply system.","sortOrder":61},{"sectionNumber":"47","sectionType":"section","heading":"Processes to be included in QAPs for suppliers other than private water suppliers or water carters","content":"#### 47 Processes to be included in QAPs for suppliers other than private water suppliers or water carters\n\n47 Processes to be included in QAPs for suppliers other than private water suppliers or water carters\n\n> A QAP of a supplier of drinking water who is not a private water supplier or water carter must include processes to deal with the following—\n> \n> > (a) the drinking water supply system, including the following—\n> > \n> > > (i) managing critical control points and recording non-compliance with critical control points,\n> > \n> > > (ii) operational monitoring and correction of the drinking water supply system,\n> > \n> > > (iii) procurement, delivery and testing of chemicals and equipment used in relation to the drinking water supply system,\n> > \n> > > (iv) primary disinfection and recording of primary disinfection conditions, including recording of the concentration and contact time of the disinfectant and the temperature and pH level of the water,\n> > \n> > > (v) calibration, operation and maintenance of critical treatment equipment,\n> \n> > (b) verifying the quality of the drinking water, including the following—\n> > \n> > > (i) a comprehensive program for monitoring the drinking water supply distribution system,\n> > \n> > > (ii) procedures to review and respond to results from monitoring the drinking water supply distribution system,\n> \n> > (c) managing incidents and emergencies in relation to the quality of the drinking water, including the following—\n> > \n> > > (i) a process to notify the Secretary of incidents in relation to the drinking water quality,\n> > \n> > > (ii) identification of the types of incidents and emergencies that may occur and would require management,\n> > \n> > > (iii) procedures, including communication procedures, to be followed if there is an incident or emergency,\n> > \n> > > (iv) procedures for the control of document versions,\n> > \n> > > (v) the contact details of the individuals who should be contacted if there is an incident or emergency in relation to the quality of the drinking water and the location of the contact details.","sortOrder":62},{"sectionNumber":"48","sectionType":"section","heading":"Other information to be included in QAPs for suppliers other than private water suppliers or water carters","content":"#### 48 Other information to be included in QAPs for suppliers other than private water suppliers or water carters\n\n48 Other information to be included in QAPs for suppliers other than private water suppliers or water carters\n\n> A QAP of a supplier of drinking water who is not a private water supplier or water carter must include information about the following—\n> \n> > (a) training for employees about, and awareness of issues relating to, the quality of the drinking water,\n> \n> > (b) processes for managing and reviewing the training for employees and maintaining and improving awareness of employees and contractors about drinking water quality issues,\n> \n> > (c) processes for engaging and raising awareness in the local community about the quality of the drinking water and informing the community at the time of a drinking water supply system incident,\n> \n> > (d) consideration of local community and consumer objectives in the management of the drinking water supply system,\n> \n> > (e) long term evaluation of the drinking water quality,\n> \n> > (f) processes for updating or improving the QAP if required,\n> \n> > (g) scheduling of internal and external reviews of the QAP and processes for the reviews.","sortOrder":63},{"sectionNumber":"49","sectionType":"section","heading":"Information to be included in QAPs for private water suppliers","content":"#### 49 Information to be included in QAPs for private water suppliers\n\n49 Information to be included in QAPs for private water suppliers\n\n> > (1) A QAP of a private water supplier must include the following information—\n> > \n> > > (a) the contact details of the private water supplier,\n> > \n> > > (b) a description of the drinking water supply system from source to use, including the treatment and distribution of the water,\n> > \n> > > (c) a not to scale diagram of the drinking water supply system from source to use, including the following—\n> > > \n> > > > (i) pumps, storage treatment, pipelines and uses,\n> > > \n> > > > (ii) location of wastewater systems and physical control measures,\n> > > \n> > > > (iii) possible sources of contamination,\n> > \n> > > (d) the activities required to manage the drinking water supply, including inspections, maintenance and monitoring of the quality of the drinking water,\n> > \n> > > (e) the actions to resolve problems or emergencies in relation to the quality of the drinking water,\n> > \n> > > (f) the contact details of the individuals who should be contacted when there is a problem or emergency in relation to the quality of the drinking water.\n> \n> > (2) A QAP of a private water supplier must include an assessment of the risks to the drinking water supply system, including an assessment of the following—\n> > \n> > > (a) the management of the risks,\n> > \n> > > (b) the monitoring of the risks,\n> > \n> > > (c) the person who is responsible for the monitoring and the keeping of records in relation to the monitoring.","sortOrder":65},{"sectionNumber":"50","sectionType":"section","heading":"Planning to be included in QAPs for private water suppliers","content":"#### 50 Planning to be included in QAPs for private water suppliers\n\n50 Planning to be included in QAPs for private water suppliers\n\n> > (1) A QAP of a private water supplier must include planning for the following activities required to manage the drinking water supply system—\n> > \n> > > (a) inspections of the drinking water supply, including the following—\n> > > \n> > > > (i) identifying the items to be inspected such as the water source, tanks and distribution system,\n> > > \n> > > > (ii) the timing of, and persons who will conduct, the inspections,\n> > > \n> > > > (iii) the equipment or procedures required,\n> > \n> > > (b) maintenance of the drinking water supply, including the following—\n> > > \n> > > > (i) identifying the items to be maintained,\n> > > \n> > > > (ii) the timing of, and persons who will conduct, the maintenance,\n> > > \n> > > > (iii) the equipment or procedures required,\n> > \n> > > (c) monitoring of the quality of the drinking water, including the following—\n> > > \n> > > > (i) identifying the items to be monitored,\n> > > \n> > > > (ii) the timing and location of, and persons who will conduct, the monitoring,\n> > > \n> > > > (iii) the equipment or procedures required.\n> \n> > (2) A QAP of a private water supplier must include planning for the resolution of problems or emergencies in relation to the drinking water supply system, including identification of the following—\n> > \n> > > (a) possible problems or emergencies that may occur, such as a failed water quality test or a complaint by a customer,\n> > \n> > > (b) possible action that could be taken in response to problems or emergencies,\n> > \n> > > (c) ways in which to communicate with consumers when there is a problem or emergency,\n> > \n> > > (d) arrangements for alternate drinking water supplies when there is a problem or emergency.","sortOrder":66},{"sectionNumber":"51","sectionType":"section","heading":"Record systems to be included in QAPs for private water suppliers","content":"#### 51 Record systems to be included in QAPs for private water suppliers\n\n51 Record systems to be included in QAPs for private water suppliers\n\n> A QAP of a private water supplier must include a system for recording the following—\n> \n> > (a) inspections and maintenance carried out, including the following—\n> > \n> > > (i) the date and explanation of the inspection or maintenance,\n> > \n> > > (ii) the response to the inspection or maintenance,\n> > \n> > > (iii) the person who carried out the inspection or maintenance,\n> \n> > (b) results from monitoring the quality of the drinking water, including the following—\n> > \n> > > (i) the date, location and type of monitoring,\n> > \n> > > (ii) the person who conducted the monitoring,\n> > \n> > > (iii) the response to the monitoring,\n> \n> > (c) the supply of drinking water by a water carter, including the following—\n> > \n> > > (i) the date and volume of the supply,\n> > \n> > > (ii) the contact details of the water carter,\n> \n> > (d) equipment used for the drinking water supply system, including the following—\n> > \n> > > (i) procedures for the operation and maintenance of the equipment,\n> > \n> > > (ii) the maintenance history of the equipment,\n> > \n> > > (iii) the manufacturer, supplier and repairer of the equipment,\n> > \n> > > (iv) the manufacturer’s instructions for the equipment,\n> \n> > (e) information provided to consumers, including the following—\n> > \n> > > (i) the location and wording of warning signs,\n> > \n> > > (ii) the inspection of warning signs,\n> > \n> > > (iii) whether the warning sign is permanent or temporary,\n> \n> > (f) problems and emergencies that have occurred in relation to the drinking water quality.","sortOrder":67},{"sectionNumber":"52","sectionType":"section","heading":"Information to be included in QAPs for water carters","content":"#### 52 Information to be included in QAPs for water carters\n\n52 Information to be included in QAPs for water carters\n\n> > (1) A QAP of a water carter must include the following information—\n> > \n> > > (a) the contact details of the water carter,\n> > \n> > > (b) the contact details of the individuals who should be contacted in emergencies in relation to the drinking water supply system,\n> > \n> > > (c) the frequency and method of, and equipment used for, flushing, cleaning and disinfecting a tank,\n> > \n> > > (d) the capping, storing and cleaning frequency of the hoses and fittings in relation to the tank,\n> > \n> > > (e) if chlorine is added to the drinking water by the water carter—\n> > > \n> > > > (i) the location and method of storing the chlorine, and\n> > > \n> > > > (ii) the frequency and method of, and equipment used for, testing and adjusting the concentration of the chlorine in a tank used by the water carter.\n> \n> > (2) A QAP of a water carter must include the following information about each carting vehicle—\n> > \n> > > (a) the registration number of the vehicle,\n> > \n> > > (b) the type, lining materials, volume and the relevant certification of a tank transported by the vehicle,\n> > \n> > > (c) the fittings, materials and the relevant certification of a hose connected to the tank.\n> \n> > (3) A QAP of a water carter must include the following information about the filling of a carting vehicle with water by the water carter—\n> > \n> > > (a) the locations where the carting vehicle is filled (the filling points),\n> > \n> > > (b) the methods of access to the filling points,\n> > \n> > > (c) the steps taken to protect the quality of the drinking water during the filling.\n> \n> > (4) In this section—\n> > \n> > carting vehicle means a vehicle used by a water carter to transport water.\n> > \n> > relevant certification means certification that indicates conformity with applicable standards published by Standards Australia.\n> > \n> > tank means a tank used for holding water that sits on a tanker and is transported by a carting vehicle.","sortOrder":69},{"sectionNumber":"Division 5","sectionType":"division","heading":"Miscellaneous","content":"## Division 5 Miscellaneous\n\nDivision 5 Miscellaneous","sortOrder":70},{"sectionNumber":"53","sectionType":"section","heading":"Records to be kept by suppliers of drinking water","content":"#### 53 Records to be kept by suppliers of drinking water\n\n53 Records to be kept by suppliers of drinking water\n\n> > (1) A supplier of drinking water, other than a water carter, must make, and keep for at least 6 months, a record of the contact details of each water carter to whom the supplier of drinking water supplies water.\n> > \n> > Maximum penalty—10 penalty units.\n> \n> > (2) A water carter must make, and keep for at least 6 months, a record of the following—\n> > \n> > > (a) the name of each supplier of drinking water from whom the water carter receives water and the place, date and time at which the water is supplied to the water carter by the supplier,\n> > \n> > > (b) the name and address of each person to whom the water carter supplies water, the place, date and time at which the water is supplied to the person and the volume of water supplied to the person,\n> > \n> > > (c) details of substances other than drinking water that are transported in a water tank used by the water carter,\n> > \n> > > (d) the dates on which a water tank used by the water carter is cleaned.\n> > \n> > Maximum penalty—10 penalty units.","sortOrder":71},{"sectionNumber":"54","sectionType":"section","heading":"Records to be kept by private water suppliers","content":"#### 54 Records to be kept by private water suppliers\n\n54 Records to be kept by private water suppliers\n\n> A private water supplier must make, and keep for at least 24 months, a record of the following—\n> \n> > (a) inspections and maintenance carried out, including the following—\n> > \n> > > (i) the date of the inspection or maintenance,\n> > \n> > > (ii) an explanation of and the response to the inspection or maintenance,\n> > \n> > > (iii) the person who carried out the inspection or maintenance,\n> \n> > (b) results from monitoring the quality of the drinking water, including the following—\n> > \n> > > (i) the date and location of the monitoring,\n> > \n> > > (ii) the type of monitoring,\n> > \n> > > (iii) the person who conducted the monitoring,\n> > \n> > > (iv) the response to the monitoring,\n> \n> > (c) the supply of drinking water by a water carter, including the following—\n> > \n> > > (i) the date and volume of the supply,\n> > \n> > > (ii) the contact details of the water carter,\n> \n> > (d) equipment used for the drinking water supply system, including the following—\n> > \n> > > (i) procedures for the operation and maintenance of the equipment,\n> > \n> > > (ii) the maintenance history of the equipment,\n> > \n> > > (iii) the manufacturer, supplier and repairer of the equipment,\n> > \n> > > (iv) the manufacturer’s instructions for the equipment,\n> \n> > (e) information provided to consumers, including the following—\n> > \n> > > (i) the location and wording of warning signs,\n> > \n> > > (ii) the inspection of warning signs,\n> > \n> > > (iii) whether the warning sign is permanent or temporary,\n> \n> > (f) problems and emergencies that have occurred in relation to the drinking water quality.\n> \n> Maximum penalty—10 penalty units.","sortOrder":72},{"sectionNumber":"55","sectionType":"section","heading":"Matters exempt from QAPs","content":"#### 55 Matters exempt from QAPs\n\n55 Matters exempt from QAPs\n\n> > (1) The Chief Health Officer may, by written notice, exempt a person or class of persons from including, whether required or not, a matter required under Division 2 in a QAP.\n> \n> > (2) The Chief Health Officer may grant an exemption under this section if satisfied that the exemption is unlikely to pose a risk to public health.\n> \n> > (3) The exemption may be given unconditionally or subject to conditions.\n> \n> > (4) If an exemption is given subject to conditions, the exemption does not have effect while a condition is not being complied with.\n> \n> > (5) Notice of an exemption given by the Chief Health Officer under this section to a class of persons must be published on the Ministry of Health’s website.\n> \n> > (6) A water supplier may apply to the Chief Health Officer for an exemption under this section.\n> \n> > (7) The Chief Health Officer may, by further written notice, vary or revoke an exemption granted under this section.","sortOrder":73},{"sectionNumber":"56","sectionType":"section","heading":"Review of QAPs","content":"#### 56 Review of QAPs\n\n56 Review of QAPs\n\n> The Secretary may arrange for the review of a QAP of a supplier of drinking water at any time.","sortOrder":74},{"sectionNumber":"Part 6","sectionType":"part","heading":"Scheduled medical conditions—the Act, Part 4","content":"# Part 6 Scheduled medical conditions—the Act, Part 4\n\nPart 6 Scheduled medical conditions—the Act, Part 4","sortOrder":75},{"sectionNumber":"57","sectionType":"section","heading":"Notification of Category 1 and 2 conditions","content":"#### 57 Notification of Category 1 and 2 conditions\n\n57 Notification of Category 1 and 2 conditions\n\n> For the Act, section 54(2)(a), the following information is prescribed—\n> \n> > (a) for a birth—the information required to be included by the NSW Perinatal Data Collection Reporting and Submissions Requirements published by the Ministry of Health,\n> \n> > (b) for a perinatal death—the information specified in Schedule 2, Part 1,\n> \n> > (c) for sudden infant death syndrome—the information specified in Schedule 2, Part 2,\n> \n> > (d) for all Category 2 medical conditions—the information required to be included in the Doctor/Hospital Notification Form published by the Ministry of Health,\n> \n> > (e) for a congenital malformation, cystic fibrosis, hypothyroidism, thalassaemia major or phenylketonuria in a child under the age of 1 year, or pregnancy with a child having the condition—the information required to be included in—\n> > \n> > > (i) the Notification of a scheduled congenital condition diagnosed in an infant published by the Ministry of Health, or\n> > \n> > > (ii) the Notification of a scheduled congenital condition diagnosed by prenatal diagnosis published by the Ministry of Health,\n> \n> > (f) for acute rheumatic fever or, in a person less than 35 years of age, rheumatic heart disease—the information required to be included in the Acute Rheumatic Fever/Rheumatic Heart Disease Notification Form published by the Ministry of Health,\n> \n> > (g) (Repealed)\n> \n> > (h) for asbestosis—the information required to be included in the Notification of a Diagnosis of Asbestosis form published by the Ministry of Health.\n> \n> **s 57:** Am 2025 (147), Sch 1\\[1\\].","sortOrder":76},{"sectionNumber":"58","sectionType":"section","heading":"Period for keeping records","content":"#### 58 Period for keeping records\n\n58 Period for keeping records\n\n> For the Act, section 54(3)(a), the prescribed period for keeping records is as follows—\n> \n> > (a) for a person who is at least 18 years of age—7 years,\n> \n> > (b) for a person who is less than 18 years of age—7 years starting on the person’s eighteenth birthday,\n> \n> > (c) for a person who was stillborn—7 years starting on the date of birth,\n> \n> > (d) for a person who died before turning 18—7 years starting on the date of the person’s death.","sortOrder":77},{"sectionNumber":"59","sectionType":"section","heading":"Matters for consideration for public health orders—the Act, s 62(6)(b)","content":"#### 59 Matters for consideration for public health orders—the Act, s 62(6)(b)\n\n59 Matters for consideration for public health orders—the Act, s 62(6)(b)\n\n> > (1) The following matters must be taken into account by an authorised medical practitioner in deciding whether or not to make a public health order in relation to a person—\n> > \n> > > (a) whether reasonable attempts have been made to provide the person with information about the effects of the Category 4 or 5 condition or contact order condition the person has or may have and the risks to public health of the condition,\n> > \n> > > (b) the options other than a public health order that are available to deal with the risk to public health posed by the person,\n> > \n> > > (c) if the proposed public health order will require the person to undergo treatment—the availability and effectiveness of the proposed treatment and the likely side effects of the proposed treatment on the person,\n> > \n> > > (d) if the proposed public health order will require the person to be detained—the likely social, economic, physical and psychological effects of the detention on the person,\n> > \n> > > (e) if the proposed public health order relates to a person with tuberculosis—the policy directive entitled Tuberculosis Management of People Knowingly Placing Others at Risk of Infection published by the Ministry of Health,\n> > \n> > > (f) if the proposed public health order relates to a person with HIV—the policy directive entitled Management of People with HIV Who Risk Infecting Others published by the Ministry of Health.\n> \n> > (2) The matters do not need to be taken into account in an emergency or if it is otherwise not reasonably practicable.","sortOrder":78},{"sectionNumber":"60","sectionType":"section","heading":"Advice to Category 2 or 3 patients","content":"#### 60 Advice to Category 2 or 3 patients\n\n60 Advice to Category 2 or 3 patients\n\n> > (1) The Secretary or a registered medical practitioner may—\n> > \n> > > (a) notify a person suffering from a Category 2 or 3 condition of measures to be taken, and activities to be avoided, to minimise the danger of passing the medical condition to another person, or\n> > \n> > > (b) authorise a relevant health practitioner to notify the person.\n> \n> > (2) In this section—\n> > \n> > relevant health practitioner means an individual who provides the following services, whether as public or private services—\n> > \n> > > (a) medical, hospital, nursing or midwifery services,\n> > \n> > > (b) community health services,\n> > \n> > > (c) health education services,\n> > \n> > > (d) public and population health services,\n> > \n> > > (e) welfare services necessary to implement a service referred to in paragraphs (a)–(d).","sortOrder":79},{"sectionNumber":"61","sectionType":"section","heading":"Advice to Category 2, 3 or 4 contacts","content":"#### 61 Advice to Category 2, 3 or 4 contacts\n\n61 Advice to Category 2, 3 or 4 contacts\n\n> > (1) The Secretary or an attending medical practitioner may—\n> > \n> > > (a) notify a person who the Secretary or attending medical practitioner believes may have been in contact with a person suffering from a Category 2, 3 or 4 condition of measures to be taken, and activities to be avoided, to minimise the danger of the first person contracting the condition or passing it to a third person, or\n> > \n> > > (b) authorise a relevant health practitioner to notify the person.\n> \n> > (2) The notification must be in accordance with any directions of the Chief Health Officer published on the Ministry of Health’s website.\n> \n> > (3) In this section—\n> > \n> > attending medical practitioner means a registered medical practitioner who attends the person suffering from a Category 2, 3 or 4 condition.\n> > \n> > relevant health practitioner means an individual who provides the following services, whether as public or private services—\n> > \n> > > (a) medical, hospital, nursing or midwifery services,\n> > \n> > > (b) community health services,\n> > \n> > > (c) health education services,\n> > \n> > > (d) public and population health services,\n> > \n> > > (e) welfare services necessary to implement a service referred to in paragraphs (a)–(d).","sortOrder":80},{"sectionNumber":"62","sectionType":"section","heading":"Disclosure of information relating to Category 5 condition","content":"#### 62 Disclosure of information relating to Category 5 condition\n\n62 Disclosure of information relating to Category 5 condition\n\n> The Act, section 56(3) does not apply to the disclosure of information required by order of a court or a person authorised by law to examine witnesses.","sortOrder":81},{"sectionNumber":"Part 7","sectionType":"part","heading":"Other disease control measures—the Act, Part 5 and s 134","content":"# Part 7 Other disease control measures—the Act, Part 5 and s 134\n\nPart 7 Other disease control measures—the Act, Part 5 and s 134","sortOrder":82},{"sectionNumber":"63","sectionType":"section","heading":"Information for patients with sexually transmitted infections","content":"#### 63 Information for patients with sexually transmitted infections\n\n63 Information for patients with sexually transmitted infections\n\n> For the Act, section 78(1), the following information is prescribed in relation to a sexually transmitted infection—\n> \n> > (a) the means of minimising the risk of infecting other people and the precautions that should be taken to minimise the risk, which may include the following—\n> > \n> > > (i) using a condom during sexual intercourse,\n> > \n> > > (ii) receiving treatment for the sexually transmitted infection,\n> > \n> > > (iii) for a patient who has a Human Immunodeficiency Virus (HIV) infection, seeking and receiving confirmation from a sexual partner that the sexual partner is on HIV pre-exposure prophylaxis medication,\n> > \n> > > (iv) for a patient who has an HIV infection, determining if the patient has an HIV viral load of less than 200 copies per millilitre,\n> \n> > (b) the public health implications of the infection,\n> \n> > (c) diagnosis and prognosis,\n> \n> > (d) treatment options.","sortOrder":84},{"sectionNumber":"64","sectionType":"section","heading":"Notification to Secretary of notifiable diseases","content":"#### 64 Notification to Secretary of notifiable diseases\n\n64 Notification to Secretary of notifiable diseases\n\n> For the Act, section 83(1), the following information is prescribed—\n> \n> > (a) for a patient who has cancer—the information required to be included in the Cancer Notification Portal under the Notifying Cancer-Related Data to the NSW Cancer Registry policy directive published by the Ministry of Health,\n> \n> > (b) for a patient under the age of 1 year who has a congenital malformation, cystic fibrosis, hypothyroidism, thalassaemia major or phenylketonuria or a patient who is or was pregnant with a child having the condition—the information required to be included in—\n> > \n> > > (i) the Notification of a scheduled congenital condition diagnosed in an infant published by the Ministry of Health, or\n> > \n> > > (ii) the Notification of a scheduled congenital condition diagnosed by prenatal diagnosis published by the Ministry of Health,\n> \n> > (c) for a patient with another notifiable disease—the information required to be included in the Doctor/Hospital Notification Form published by the Ministry of Health.","sortOrder":85},{"sectionNumber":"65","sectionType":"section","heading":"Children to whom the Act, Part 5, Division 4 applies","content":"#### 65 Children to whom the Act, Part 5, Division 4 applies\n\n65 Children to whom the Act, Part 5, Division 4 applies\n\n> For the Act, section 85(1), definition of child, the following classes of children are prescribed—\n> \n> > (a) children who are seeking to be enrolled at a child care facility,\n> \n> > (b) children who are, or who previously were, enrolled at a child care facility,\n> \n> > (c) children who are enrolled at a school and are less than 18 years of age.","sortOrder":87},{"sectionNumber":"66","sectionType":"section","heading":"Authorised practitioners","content":"#### 66 Authorised practitioners\n\n66 Authorised practitioners\n\n> For the Act, section 85(1), definition of authorised practitioner, a registered nurse or midwife is prescribed if the nurse or midwife—\n> \n> > (a) is employed in connection with a vaccination program in a health service or place of work, and\n> \n> > (b) has successfully completed 1 of the following—\n> > \n> > > (i) the Ministry of Health’s Immunisation Accreditation Program for Registered Nurses,\n> > \n> > > (ii) an immunisation education program accredited by Health Education Services Australia,\n> > \n> > > (iii) the immunisation education program administered by the Australian College of Nursing or its predecessors,\n> > \n> > > (iv) an interstate or overseas immunisation education program that conforms to the National Guidelines for Immunisation Education for Registered Nurses and Midwives, as approved by the Australian College of Nursing.","sortOrder":88},{"sectionNumber":"67","sectionType":"section","heading":"Immunisation certificates and evidence of immunisation status","content":"#### 67 Immunisation certificates and evidence of immunisation status\n\n67 Immunisation certificates and evidence of immunisation status\n\n> > (1) For the Act, section 86(1), the principal of a school must ask a parent of a child to lodge an immunisation certificate for the child whenever the child reaches a designated age.\n> \n> > (2) For the Act, section 87(4), the principal of a child care facility must ask a parent of a child to provide an updated vaccination certificate whenever the child reaches a designated age.\n> \n> > (3) In this section—\n> > \n> > designated age means an age designated by the Secretary at which it is appropriate for a child to be immunised or further immunised against a specified vaccine preventable disease.","sortOrder":89},{"sectionNumber":"68","sectionType":"section","heading":"Retention of immunisation certificates and register entries","content":"#### 68 Retention of immunisation certificates and register entries\n\n68 Retention of immunisation certificates and register entries\n\n> > (1) For the Act, section 86(4), the principal of a school must keep an immunisation certificate for 3 years from the date on which the child ceases to attend the school, unless the principal is earlier required to forward the certificate under the Act, section 86(2).\n> \n> > (2) For the Act, section 87(6), the principal of a child care facility must keep an entry in the register for 3 years from the date on which the child ceases to attend the facility, unless the principal is earlier required to provide a copy of the certificate under the Act, section 87(7).","sortOrder":90},{"sectionNumber":"69","sectionType":"section","heading":"Exemptions from pre-enrolment requirements relating to child care facilities","content":"#### 69 Exemptions from pre-enrolment requirements relating to child care facilities\n\n69 Exemptions from pre-enrolment requirements relating to child care facilities\n\n> > (1) For the Act, section 87(3), the principal of a child care facility is not required to comply with the Act, section 87(1) if the child—\n> > \n> > > (a) is enrolled in a school, or\n> > \n> > > (b) is subject to a guardianship order under the [Children and Young Persons (Care and Protection) Act 1998](/view/html/inforce/current/act-1998-157), section 79A, or is in out-of-home care within the meaning of that Act, or\n> > \n> > > (c) is being cared for by an adult who is not the child’s parent due to exceptional circumstances such as illness or incapacity, or\n> > \n> > > (d) has been evacuated from the child’s place of residence because it is in a part of the State in which a state of emergency is declared to exist under the [State Emergency and Rescue Management Act 1989](/view/html/inforce/current/act-1989-165), or\n> > \n> > > (e) is an Aboriginal or Torres Strait Islander, within the meaning of the [Children and Young Persons (Care and Protection) Act 1998](/view/html/inforce/current/act-1998-157), or\n> > \n> > > (f) meets the immunisation requirements set out in the [A New Tax System (Family Assistance) Act 1999](http://www.legislation.gov.au/) of the Commonwealth, section 6(3)(c), (4) or (6).\n> \n> > (2) However, for a child referred to in subsection (1)(b)–(f), the principal of a child care facility must take all reasonable steps to ensure the parent of the child, or the principal of another child care facility, provides the certificate or certificates for the child, as referred to in the Act, section 87(1), within 12 weeks after the date on which the child is enrolled in the facility.","sortOrder":91},{"sectionNumber":"70","sectionType":"section","heading":"Standards and sizes for rooms and cubicles at correctional centres","content":"#### 70 Standards and sizes for rooms and cubicles at correctional centres\n\n70 Standards and sizes for rooms and cubicles at correctional centres\n\n> > (1) The Commissioner of Corrective Services must issue directions concerning the standards and sizes required for rooms and cubicles at correctional centres.\n> \n> > (2) The Commissioner may amend or replace a direction.\n> \n> > (3) The Commissioner must review a direction at least once every 5 years.","sortOrder":93},{"sectionNumber":"71","sectionType":"section","heading":"Directions about outbreaks of infectious disease at correctional centres","content":"#### 71 Directions about outbreaks of infectious disease at correctional centres\n\n71 Directions about outbreaks of infectious disease at correctional centres\n\n> > (1) If the Chief Health Officer believes there is an outbreak, or the risk of an outbreak, of infectious disease at a correctional centre—\n> > \n> > > (a) the Chief Health Officer may issue directions about the outbreak or risk of outbreak, and\n> > \n> > > (b) the Commissioner of Corrective Services is required to ensure the general manager of the correctional centre complies with the directions.\n> \n> > (2) Before issuing a direction under subsection (1)(a), the Chief Health Officer must—\n> > \n> > > (a) consult with the Commissioner of Corrective Services, and\n> > \n> > > (b) have regard to issues raised by the Commissioner relating to maintaining the security, good order or safety of the correctional centre or its inmates.","sortOrder":94},{"sectionNumber":"72","sectionType":"section","heading":"Vermin","content":"#### 72 Vermin\n\n72 Vermin\n\n> An occupier of premises must take reasonable measures to keep the premises free from fleas, other disease-carrying insects, rats and mice, except if the animals are kept as pets.\n> \n> Maximum penalty—20 penalty units.","sortOrder":96},{"sectionNumber":"73","sectionType":"section","heading":"Sleeping accommodation","content":"#### 73 Sleeping accommodation\n\n73 Sleeping accommodation\n\n> > (1) The occupier of premises must not allow a room or cubicle in the premises to be used for the purposes of sleeping accommodation unless—\n> > \n> > > (a) the room or cubicle has a floor area—\n> > > \n> > > > (i) 5.5m2 or more for each person sleeping in it, for long-term sleeping accommodation, or\n> > > \n> > > > (ii) 2m2 or more for each person sleeping in it, for other premises, or\n> > \n> > > (b) the room or cubicle has been exempted by the Minister under subsection (2) and complies with conditions attached to the exemption, or\n> > \n> > > (c) the premises are private domestic premises, or\n> > \n> > > (d) the premises are a correctional centre.\n> > \n> > Maximum penalty—5 penalty units.\n> \n> > (2) The Minister may, by written order, exempt an occupier of premises from the requirements of this section in relation to a room or cubicle in the premises if satisfied that the exemption will not have an adverse effect on the health of persons sleeping in the room or cubicle.\n> \n> > (3) The exemption may be given unconditionally or subject to conditions.\n> \n> > (4) In this section—\n> > \n> > long-term sleeping accommodation means accommodation that is provided to the same person for a period of more than 28 consecutive days.","sortOrder":97},{"sectionNumber":"74","sectionType":"section","heading":"Anthrax","content":"#### 74 Anthrax\n\n74 Anthrax\n\n> A person must not sell, offer for sale, consign, transmit, deliver for sale, use in a manufacturing process or receive for the purposes of business, a hide, portion of a hide, hair or wool of an animal that—\n> \n> > (a) is suffering or has died from anthrax, or\n> \n> > (b) the person has reason to believe is suffering or has died from anthrax.\n> \n> Maximum penalty—20 penalty units.","sortOrder":98},{"sectionNumber":"75","sectionType":"section","heading":"Public authorities to notify public health risks","content":"#### 75 Public authorities to notify public health risks\n\n75 Public authorities to notify public health risks\n\n> If a public authority considers, on reasonable grounds, that a situation has arisen in which the health of the public is, or is likely to be, at risk, the public authority must notify the public health officer for the part of the State.","sortOrder":99},{"sectionNumber":"Part 8","sectionType":"part","heading":"Disposal of bodies—the Act, s 134(2)(n)–(v)","content":"# Part 8 Disposal of bodies—the Act, s 134(2)(n)–(v)\n\nPart 8 Disposal of bodies—the Act, s 134(2)(n)–(v)","sortOrder":100},{"sectionNumber":"76","sectionType":"section","heading":"Premises for handling of bodies","content":"#### 76 Premises for handling of bodies\n\n76 Premises for handling of bodies\n\n> > (1) A person must not, without the approval of the Secretary, use any premises other than a mortuary that complies with the relevant standards for mortuaries under the [Local Government Act 1993](/view/html/inforce/current/act-1993-030) for the embalming or other preparation of bodies for burial or cremation or for the placing of bodies in coffins for burial or cremation.\n> > \n> > Maximum penalty—15 penalty units.\n> \n> > (2) A person must not, without the approval of the Secretary, use any premises other than a holding room or a mortuary for the storage of bodies for burial or cremation.\n> > \n> > Maximum penalty—15 penalty units.\n> \n> > (3) A person must not store a body in a vehicle except—\n> > \n> > > (a) during the transport of the body, or\n> > \n> > > (b) with the approval of the Secretary.\n> > \n> > Maximum penalty—15 penalty units.\n> \n> > (4) A person must not use a holding room for any purpose other than the storage of bodies.\n> > \n> > Maximum penalty—15 penalty units.\n> \n> > (5) A person must not, without the approval of the Secretary, use the facilities of a hospital for the purposes of the business of a funeral director or of the operator of a mortuary transport service except for the removal of bodies of persons who died in the hospital.\n> > \n> > Maximum penalty—15 penalty units.\n> \n> > (6) The Secretary may give approval—\n> > \n> > > (a) under subsection (1), (2) or (3)—generally or in a particular case, or\n> > \n> > > (b) under subsection (5)—in a particular case.","sortOrder":102},{"sectionNumber":"77","sectionType":"section","heading":"Facilities of body preparation rooms","content":"#### 77 Facilities of body preparation rooms\n\n77 Facilities of body preparation rooms\n\n> > (1) Unless otherwise approved by the Secretary generally or in a particular case, a person must not use a body preparation room unless it has the following—\n> > \n> > > (a) a vehicle reception area adjacent to it and so designed that the transfer of uncoffined bodies from area to room and room to area is screened from public view,\n> > \n> > > (b) at least one hand basin, with an adequate supply of hot and cold water and fitted with elbow operated, foot operated or hands-free taps,\n> > \n> > > (c) sufficient slabs, tables and other fittings for the preparation of bodies for burial or cremation constructed of smooth impervious material and designed to facilitate draining and their cleaning,\n> > \n> > > (d) refrigerated body storage facilities big enough for 2 adult bodies,\n> > \n> > > (e) 1 or more impervious containers, each fitted with an elbow operated or foot operated close-fitting cover or lid, for the reception and storage of all solid wastes arising from the preparation of bodies and for the reception and storage of all screenings from floor drains.\n> > \n> > Maximum penalty—15 penalty units.\n> \n> > (2) A person must not use the refrigerated body storage facilities in a body preparation room or holding room except to store bodies.\n> > \n> > Maximum penalty—15 penalty units.","sortOrder":103},{"sectionNumber":"78","sectionType":"section","heading":"Vehicles","content":"#### 78 Vehicles\n\n78 Vehicles\n\n> > (1) A funeral director or the operator of a mortuary transport service must not use for the transport of bodies the part of a vehicle that is used by the funeral director or service for other purposes.\n> > \n> > Maximum penalty—5 penalty units.\n> \n> > (2) A funeral director or the operator of a mortuary transport service must not use for any other purpose the part of a vehicle that is used by the funeral director or service for the transport of bodies.\n> > \n> > Maximum penalty—5 penalty units.\n> \n> > (3) If part of a vehicle has been used to transport a body, a person must not use, or permit the use of, the part of the vehicle for the transport of another body until it has been cleaned of exudates from the first body.\n> > \n> > Maximum penalty—5 penalty units.\n> \n> > (4) A person must not dispose of a vehicle that the person has used for the transport of a body unless the vehicle has been cleaned to remove body exudates after the use.\n> > \n> > Maximum penalty—5 penalty units.\n> \n> > (5) A person must not transport an unembalmed body unless—\n> > \n> > > (a) during the transport, the body is refrigerated at a temperature of less than 10°C, or\n> > \n> > > (b) the duration of the transport is 8 hours or less and the person reasonably believes that transporting the body without refrigeration will not be a risk to public health.\n> > \n> > Maximum penalty—5 penalty units.","sortOrder":104},{"sectionNumber":"79","sectionType":"section","heading":"Prescribed infectious diseases","content":"#### 79 Prescribed infectious diseases\n\n79 Prescribed infectious diseases\n\n> In this Division—\n> \n> prescribed infectious disease means the following diseases—\n> \n> > (a) avian influenza in humans,\n> \n> > (b) diphtheria,\n> \n> > (c) Middle East Respiratory Syndrome Coronavirus,\n> \n> > (d) plague,\n> \n> > (e) respiratory anthrax,\n> \n> > (f) Severe Acute Respiratory Syndrome,\n> \n> > (g) smallpox,\n> \n> > (h) tuberculosis,\n> \n> > (i) a viral haemorrhagic fever, including Lassa, Marburg, Ebola and Crimean-Congo fevers.","sortOrder":106},{"sectionNumber":"80","sectionType":"section","heading":"Keeping of bodies by person who is not funeral director","content":"#### 80 Keeping of bodies by person who is not funeral director\n\n80 Keeping of bodies by person who is not funeral director\n\n> > (1) A person who is not a funeral director must not keep a body—\n> > \n> > > (a) if the body is kept at a hospital—for more than 21 days after the death, or\n> > \n> > > (b) in any other case—for more than 5 days after the death.\n> > \n> > Maximum penalty—20 penalty units.\n> \n> > (2) The Secretary may approve, generally or in a particular case, of a body being kept for longer than permitted under subsection (1), subject to any conditions the Secretary considers appropriate.\n> \n> > (3) This section does not apply to a body that is kept at premises licensed under the [Anatomy Act 1977](/view/html/inforce/current/act-1977-126) or the subject of an inquest under the [Coroners Act 2009](/view/html/inforce/current/act-2009-041).","sortOrder":107},{"sectionNumber":"81","sectionType":"section","heading":"Keeping of bodies by funeral director","content":"#### 81 Keeping of bodies by funeral director\n\n81 Keeping of bodies by funeral director\n\n> A funeral director must keep a body in a refrigerated body storage facility that is in a mortuary or holding room, unless the body is removed—\n> \n> > (a) to another part of the mortuary, for a maximum of 8 hours a day, to prepare the body for burial or cremation, embalm the body or for a viewing of the body by mourners, or\n> \n> > (b) to transport the body for burial, interment or cremation, or\n> \n> > (c) to transport the body to another mortuary.\n> \n> Maximum penalty—20 penalty units.","sortOrder":108},{"sectionNumber":"82","sectionType":"section","heading":"Embalming of bodies","content":"#### 82 Embalming of bodies\n\n82 Embalming of bodies\n\n> > (1) A person must not embalm a body unless the person has successfully completed a course in embalming provided by a training provider accredited by the Australian Skills Quality Authority or approved by the Secretary.\n> > \n> > Maximum penalty—20 penalty units.\n> \n> > (2) A person must not embalm a body that the person has reason to believe is infected with a prescribed infectious disease.\n> > \n> > Maximum penalty—20 penalty units.","sortOrder":109},{"sectionNumber":"83","sectionType":"section","heading":"Infection control procedures","content":"#### 83 Infection control procedures\n\n83 Infection control procedures\n\n> A person must, when placing a body in a bag or wrapping a body, comply with the document entitled Infection Prevention and Control in Healthcare Settings published by the Ministry of Health.\n> \n> Maximum penalty—15 penalty units.\n> \n> **s 83:** Am 2025 (147), Sch 1\\[2\\].","sortOrder":110},{"sectionNumber":"84","sectionType":"section","heading":"Bodies to be placed in body bags","content":"#### 84 Bodies to be placed in body bags\n\n84 Bodies to be placed in body bags\n\n> > (1) A responsible person must ensure the body of a dead person is not removed from a place unless—\n> > \n> > > (a) the body has been placed and secured in a bag or wrapping in a way that prevents the leakage of any body exudate or other substance, and\n> > \n> > > (b) the name of, or an identification of, the dead person is clearly and indelibly written on the top outer surface of the bag or wrapping, and\n> > \n> > > (c) if the person has reason to believe that the body is infected with a prescribed infectious disease—the bag or wrapping is clearly and indelibly marked with the words “PRESCRIBED INFECTIOUS DISEASE—HANDLE WITH CARE”.\n> > \n> > Maximum penalty—15 penalty units.\n> \n> > (2) In this section—\n> > \n> > responsible person means—\n> > \n> > > (a) if the body is at a hospital—the chief executive officer of the hospital or a person authorised by the chief executive officer, or\n> > \n> > > (b) if the body is at another premises or place—the funeral director or other person removing the body.","sortOrder":111},{"sectionNumber":"85","sectionType":"section","heading":"Removal of bodies from body bags","content":"#### 85 Removal of bodies from body bags\n\n85 Removal of bodies from body bags\n\n> > (1) A funeral director may only remove a body from a body bag if—\n> > \n> > > (a) the funeral director has no reason to believe it is infected with a prescribed infectious disease, and\n> > \n> > > (b) the removal is for the purposes of—\n> > > \n> > > > (i) embalming the body, or\n> > > \n> > > > (ii) preparing the body for viewing, transport, burial or cremation, or\n> > > \n> > > > (iii) transferring the body to a coffin.\n> \n> > (2) After a funeral director has embalmed or prepared a body, the funeral director must place it in a coffin or new body bag.\n> > \n> > Maximum penalty—20 penalty units.\n> \n> > (3) This section does not apply to a body that is the subject of an inquest under the [Coroners Act 2009](/view/html/inforce/current/act-2009-041) or a post-mortem examination carried out under the [Human Tissue Act 1983](/view/html/inforce/current/act-1983-164).\n> > \n> > Maximum penalty—20 penalty units.","sortOrder":112},{"sectionNumber":"86","sectionType":"section","heading":"Body viewing","content":"#### 86 Body viewing\n\n86 Body viewing\n\n> > (1) A funeral director may make a body available for viewing by mourners.\n> \n> > (2) However, a funeral director must not make available for viewing a body infected with a prescribed infectious disease or a body that the funeral director has reason to believe is infected with a prescribed infectious disease.\n> > \n> > Maximum penalty—10 penalty units.\n> \n> > (3) A funeral director who makes an unembalmed body available for viewing—\n> > \n> > > (a) must not remove the body from refrigeration for a period longer than is necessary for making it available for viewing, and\n> > \n> > > (b) unless the body is to be buried or cremated immediately, must place the body under refrigeration after the viewing, and\n> > \n> > > (c) must not allow the body to remain unrefrigerated for a period of more than 8 hours in any day.\n> > \n> > Maximum penalty—5 penalty units.","sortOrder":113},{"sectionNumber":"87","sectionType":"section","heading":"Bodies in holding rooms","content":"#### 87 Bodies in holding rooms\n\n87 Bodies in holding rooms\n\n> > (1) A person, other than a funeral director, must not keep a body in a holding room for more than 48 hours.\n> > \n> > Maximum penalty—15 penalty units.\n> \n> > (2) The Secretary may approve, generally or in a particular case, of a body being kept in a holding room for more than 48 hours, subject to any conditions the Secretary considers appropriate.\n> \n> > (3) A person, other than a funeral director, who keeps a body in a holding room and who has reason to believe that not refrigerating the body will be a risk to public health must put the body in the refrigerated body storage facility of the holding room.\n> > \n> > Maximum penalty (subsection (3))—15 penalty units.","sortOrder":114},{"sectionNumber":"88","sectionType":"section","heading":"Register of bodies prepared in mortuary","content":"#### 88 Register of bodies prepared in mortuary\n\n88 Register of bodies prepared in mortuary\n\n> > (1) A person who operates a mortuary must maintain a register of all bodies prepared in the mortuary.\n> > \n> > Maximum penalty—10 penalty units.\n> \n> > (2) The person must make an entry in the register relating to each body immediately after the body is delivered to the mortuary for preparation.\n> > \n> > Maximum penalty—10 penalty units.\n> \n> > (3) An entry must include the following—\n> > \n> > > (a) the name, age and last address of the person whose body was prepared,\n> > \n> > > (b) the date of the person’s death,\n> > \n> > > (c) the date the body was received,\n> > \n> > > (d) the date the body was removed from the mortuary,\n> > \n> > > (e) the name of the cemetery or crematory to which, or the person to whom, the body was delivered.\n> \n> > (4) The person must keep a copy of the register at the mortuary and make it available for inspection on request by an authorised officer.\n> > \n> > Maximum penalty—10 penalty units.","sortOrder":115},{"sectionNumber":"89","sectionType":"section","heading":"Bodies to be placed in coffins","content":"#### 89 Bodies to be placed in coffins\n\n89 Bodies to be placed in coffins\n\n> Unless otherwise approved by the Secretary generally or in a particular case, a person must not—\n> \n> > (a) bury a body unless the body has been placed in a coffin with a securely sealed lid, or\n> \n> > (b) cremate a body, other than by alkaline hydrolysis, unless the body has been placed in a coffin with a securely sealed lid.\n> \n> Maximum penalty—10 penalty units.","sortOrder":116},{"sectionNumber":"90","sectionType":"section","heading":"Burial of bodies","content":"#### 90 Burial of bodies\n\n90 Burial of bodies\n\n> Unless otherwise approved by the Secretary generally or in a particular case, a person who buries a body contained in a coffin must place the coffin so that its upper surface is not less than 900mm below the natural surface level of the soil where it is buried.\n> \n> Maximum penalty—5 penalty units.","sortOrder":117},{"sectionNumber":"91","sectionType":"section","heading":"Transporting bodies","content":"#### 91 Transporting bodies\n\n91 Transporting bodies\n\n> > (1) A person must not use, or agree to the use of, a vehicle, other than a hearse or body collection vehicle, for transporting a body that the person has reason to believe is infected with a prescribed infectious disease without informing the owner or driver of the vehicle that the body is infected with the prescribed infectious disease.\n> > \n> > Maximum penalty—10 penalty units.\n> \n> > (2) A funeral director must, before despatching a body by a carrier other than a funeral director or the operator of a mortuary transport service—\n> > \n> > > (a) if the funeral director has reason to believe the body is infected with a prescribed infectious disease—ensure the bag or wrapping in which the body is placed is clearly and indelibly marked with the words “PRESCRIBED INFECTIOUS DISEASE—HANDLE WITH CARE”, and\n> > \n> > > (b) enclose the body in a watertight coffin.\n> > \n> > Maximum penalty—10 penalty units.","sortOrder":118},{"sectionNumber":"92","sectionType":"section","heading":"Burials in certain areas prohibited","content":"#### 92 Burials in certain areas prohibited\n\n92 Burials in certain areas prohibited\n\n> > (1) A person must not place a body in a grave or vault unless the grave or vault is located—\n> > \n> > > (a) in a public cemetery, or\n> > \n> > > (b) in a private cemetery or other place approved by a local government authority, or\n> > \n> > > (c) on private land, if the area of landholding is 5 hectares or more and the location has been approved by a local government authority, or\n> > \n> > > (d) on land reserved under the [National Parks and Wildlife Act 1974](/view/html/inforce/current/act-1974-080) or acquired under Part 11 of that Act, if the location has been approved by—\n> > > \n> > > > (i) a person or body, including a local council, trust board or board of management within the meaning of that Act, in which the care, control and management of the land is vested, or\n> > > \n> > > > (ii) if no person or body has been vested with the care, control and management of the land—the Secretary of the Department of Planning and Environment.\n> > \n> > Maximum penalty—10 penalty units.\n> \n> > (2) A person must not bury a body in or on land if to do so would make likely the contamination of a drinking water supply or a domestic water supply.\n> > \n> > Maximum penalty—10 penalty units.\n> \n> **s 92:** Am 2023 No 35, Sch 4.34.","sortOrder":119},{"sectionNumber":"93","sectionType":"section","heading":"Burials in vaults","content":"#### 93 Burials in vaults\n\n93 Burials in vaults\n\n> > (1) A person must not place a body in a vault unless—\n> > \n> > > (a) the body has been embalmed and hermetically enclosed and there is no viewing panel in the enclosure, and\n> > \n> > > (b) the body and enclosure are placed in a coffin and the lid secured in position.\n> > \n> > Maximum penalty—5 penalty units.\n> \n> > (2) The Secretary may, generally or in a particular case, approve other conditions under which a body may be placed in a vault.","sortOrder":120},{"sectionNumber":"94","sectionType":"section","heading":"Exhumation without approval prohibited","content":"#### 94 Exhumation without approval prohibited\n\n94 Exhumation without approval prohibited\n\n> > (1) A person must not exhume the remains of a body unless the exhumation of the remains has been—\n> > \n> > > (a) ordered by a coroner, or\n> > \n> > > (b) approved by the Secretary.\n> > \n> > Maximum penalty—20 penalty units.\n> \n> > (2) However, a funeral director may, without a coroner’s order or Secretary’s approval, transfer a coffin from a vault in a cemetery to a mortuary for the purposes of the coffin being immediately repaired and returned to the vault.\n> \n> > (3) A funeral director must return the coffin to the cemetery within 24 hours of the transfer.\n> > \n> > Maximum penalty—10 penalty units.","sortOrder":122},{"sectionNumber":"95","sectionType":"section","heading":"Application to exhume remains","content":"#### 95 Application to exhume remains\n\n95 Application to exhume remains\n\n> > (1) An application for the approval of the Secretary to exhume the remains of the body of a dead person may be made by—\n> > \n> > > (a) an executor of the estate of the dead person, or\n> > \n> > > (b) the nearest surviving relative of the dead person, or\n> > \n> > > (c) if there is no executor or relative available to make the application—a person who, in the opinion of the Secretary, is a proper person in all the circumstances to make the application.\n> \n> > (2) An application must be made in the approved form and be accompanied by—\n> > \n> > > (a) a certified copy of the death certificate issued under the [Births, Deaths and Marriages Registration Act 1995](/view/html/inforce/current/act-1995-062), and\n> > \n> > > (b) a statutory declaration as to the relationship of the applicant to the dead person and the dead person’s wishes, if any, regarding the disposal of the dead person’s body, so far as the wishes are known to the applicant, and\n> > \n> > > (c) the application fee specified in Schedule 5.\n> \n> > (3) Despite subsection (2), the Secretary may dispense with the requirement for an application to be accompanied by a certified copy of the death certificate issued under the [Births, Deaths and Marriages Registration Act 1995](/view/html/inforce/current/act-1995-062) if the Secretary—\n> > \n> > > (a) is satisfied that it is not reasonably practicable to obtain the death certificate in the circumstances, and\n> > \n> > > (b) consults the State Coroner about the application.","sortOrder":123},{"sectionNumber":"96","sectionType":"section","heading":"Approval to exhume remains","content":"#### 96 Approval to exhume remains\n\n96 Approval to exhume remains\n\n> > (1) The Secretary may—\n> > \n> > > (a) grant an approval to exhume the remains of a body, subject to any conditions specified in the approval, or\n> > \n> > > (b) refuse the application.\n> \n> > (2) In granting an approval to exhume the remains of a body under this section, the Secretary must impose conditions the Secretary considers necessary to ensure the remains of the body are treated with dignity and respect during the exhumation.\n> \n> > (3) An approval granted under this section remains valid for 3 months from the date of the approval or for a period agreed to by the Secretary.","sortOrder":124},{"sectionNumber":"97","sectionType":"section","heading":"Exhumation not to take place without authorised officer","content":"#### 97 Exhumation not to take place without authorised officer\n\n97 Exhumation not to take place without authorised officer\n\n> > (1) A person must not proceed with an exhumation unless an authorised officer or a member of staff of the Ministry of Health is present at the exhumation.\n> > \n> > Maximum penalty—15 penalty units.\n> \n> > (2) A person must not proceed with an exhumation if the authorised officer or the Ministry of Health staff member who is present at the exhumation orders the exhumation to stop.\n> > \n> > Maximum penalty—15 penalty units.","sortOrder":125},{"sectionNumber":"98","sectionType":"section","heading":"No refusal to cremate","content":"#### 98 No refusal to cremate\n\n98 No refusal to cremate\n\n> A cremation authority must not, without reasonable excuse, refuse to accept a body for cremation.\n> \n> Maximum penalty—10 penalty units.","sortOrder":127},{"sectionNumber":"99","sectionType":"section","heading":"Bodies to be cremated separately","content":"#### 99 Bodies to be cremated separately\n\n99 Bodies to be cremated separately\n\n> > (1) Unless otherwise approved by the Secretary, generally or in a particular case, a person must not cremate more than one body in the same crematory retort at any one time.\n> > \n> > Maximum penalty—10 penalty units.\n> \n> > (2) In this section—\n> > \n> > crematory retort means the receptacle into which a body is placed for cremation.","sortOrder":128},{"sectionNumber":"100","sectionType":"section","heading":"Cremation within 4 hours","content":"#### 100 Cremation within 4 hours\n\n100 Cremation within 4 hours\n\n> A cremation authority must commence cremating a body within 4 hours of the delivery of the body to the crematory unless the body is placed in a holding room.\n> \n> Maximum penalty—5 penalty units.","sortOrder":129},{"sectionNumber":"101","sectionType":"section","heading":"Cremation of identified bodies only","content":"#### 101 Cremation of identified bodies only\n\n101 Cremation of identified bodies only\n\n> > (1) A person must not cremate the remains of a body that has not been identified.\n> > \n> > Maximum penalty—20 penalty units.\n> \n> > (2) Despite subsection (1), a person may cremate the remains of a body that is not identifiable if—\n> > \n> > > (a) the Secretary has granted an exemption generally or in the particular case, and\n> > \n> > > (b) the cremation is carried out in accordance with the exemption.\n> > \n> > Note—\n> > \n> > See also the [Coroners Act 2009](/view/html/inforce/current/act-2009-041), section 100, which requires an appropriate disposal authority for the disposal of human remains.\n> \n> **s 101:** Am 2025 (624), Sch 1\\[5\\].","sortOrder":130},{"sectionNumber":"102","sectionType":"section","heading":"No cremation against dead person’s wishes","content":"#### 102 No cremation against dead person’s wishes\n\n102 No cremation against dead person’s wishes\n\n> > (1) A person must not cremate the body of a dead person if the person is aware that the proposed cremation would be contrary to a written direction left by the dead person.\n> > \n> > Maximum penalty—10 penalty units.\n> \n> > (2) A person must not cremate the body of a dead person otherwise than in accordance with a written direction left by the dead person about the particular method of cremation that was or was not to be used.\n> > \n> > Maximum penalty—10 penalty units.","sortOrder":131},{"sectionNumber":"103","sectionType":"section","heading":"Documentation required for cremation","content":"#### 103 Documentation required for cremation\n\n103 Documentation required for cremation\n\n> > (1) A cremation authority must not cremate the body of a dead person unless the authority has the following—\n> > \n> > > (a) an application for cremation of the body,\n> > \n> > > (b) a cremation permit,\n> > \n> > > (c) cremation risk advice from a relevant medical practitioner,\n> > \n> > > (d) a death certificate or an order authorising the disposal of the remains of the dead person by a coroner under the [Coroners Act 2009](/view/html/inforce/current/act-2009-041), section 101.\n> > \n> > Maximum penalty—20 penalty units.\n> \n> > (2) Subsection (1)(c) and (d) do not apply to a dead person who is a stillborn child.\n> \n> > (3) This section does not apply to a cremation of an organ or part of a body that has been subject to an anatomical examination under the [Anatomy Act 1977](/view/html/inforce/current/act-1977-126) or a post-mortem examination under the [Human Tissue Act 1983](/view/html/inforce/current/act-1983-164) if the cremation is carried out in accordance with an exemption granted by the Secretary generally or in a particular case.\n> \n> > (3A) This section does not apply to a cremation of the remains of a body referred to in section 101(2).\n> \n> > (4) This section does not apply to a cremation of the body of a dead person that has been buried for at least 10 years if the cremation is carried out in accordance with an exemption granted by the Secretary on application by—\n> > \n> > > (a) an executor of the estate of the dead person, or\n> > \n> > > (b) the nearest surviving relative of the dead person, or\n> > \n> > > (c) if there is no executor or relative available to make the application—a person who, in the opinion of the Secretary, is a proper person in all the circumstances to make the application.\n> \n> > (5) An application under subsection (4) must be—\n> > \n> > > (a) made in the approved form, and\n> > \n> > > (b) accompanied by the fee specified in Schedule 5.\n> \n> > (6) The form may require information contained in the form to be supported by a statutory declaration.\n> \n> > (7) In this section—\n> > \n> > cremation risk advice means written advice about the risk, if any, that the cremation of the body of a dead person may pose, including the risk of death, injury or illness to another person because of, for example, a pacemaker or other implant in the body.\n> > \n> > relevant medical practitioner, in relation to cremation risk advice for a dead person, means a medical practitioner who—\n> > \n> > > (a) attended the person immediately before, or during the illness terminating in, the death of the person, or\n> > \n> > > (b) has relevant knowledge of the dead person’s medical history.\n> \n> **s 103:** Am 2025 (624), Sch 1\\[6\\].","sortOrder":132},{"sectionNumber":"104","sectionType":"section","heading":"Cremation application for dead persons other than stillborn children","content":"#### 104 Cremation application for dead persons other than stillborn children\n\n104 Cremation application for dead persons other than stillborn children\n\n> > (1) An application for cremation of the body of a dead person who is not a stillborn child must be made in the approved form to a medical referee or coroner.\n> \n> > (2) The form may require information contained in the form to be supported by a statutory declaration.\n> \n> > (3) The application may be made by—\n> > \n> > > (a) an executor of the estate of the dead person, or\n> > \n> > > (b) a nearest surviving relative of the dead person, or\n> > \n> > > (c) if there is no executor or relative available to make the application—a person who, in the opinion of the medical referee or coroner, is a proper person in all the circumstances to make the application.","sortOrder":133},{"sectionNumber":"105","sectionType":"section","heading":"Cremation application for stillborn children","content":"#### 105 Cremation application for stillborn children\n\n105 Cremation application for stillborn children\n\n> > (1) An application for cremation of the body of a stillborn child must be made in the approved form to a medical referee.\n> \n> > (2) The form may require information contained in the form to be supported by a statutory declaration.\n> \n> > (3) The application may be made by—\n> > \n> > > (a) a nearest surviving relative of the stillborn child, or\n> > \n> > > (b) if there is no nearest surviving relative available to make the application—a person who, in the opinion of the medical referee, is a proper person in all the circumstances to make the application.","sortOrder":134},{"sectionNumber":"106","sectionType":"section","heading":"Cremation permits for dead persons other than stillborn children","content":"#### 106 Cremation permits for dead persons other than stillborn children\n\n106 Cremation permits for dead persons other than stillborn children\n\n> > (1) A medical referee may issue a cremation permit for the body of a dead person who is not a stillborn child in the approved form if the medical referee receives—\n> > \n> > > (a) an application for cremation of the body of a dead person who is not a stillborn child, and\n> > \n> > > (b) a death certificate for the dead person.\n> \n> > (2) However, a medical referee must not issue a cremation permit for the body of a dead person if—\n> > \n> > > (a) the death of the person is examinable under the [Coroners Act 2009](/view/html/inforce/current/act-2009-041) by a coroner, or\n> > \n> > > (b) the proposed cremation would be contrary to a written direction left by the dead person, or\n> > \n> > > (c) the medical referee is not satisfied that the identity of the body has been correctly disclosed in the application for cremation, or\n> > \n> > > (d) the medical referee is not satisfied that the cause of death has been correctly identified in the death certificate, or\n> > \n> > > (e) the application for cremation or the death certificate appears to the medical referee to be otherwise incorrect or incomplete, or\n> > \n> > > (f) the same medical referee issued the death certificate, or\n> > \n> > > (g) the medical referee has administered professional care or treatment to the dead person at any time in the 6 months preceding death, or\n> > \n> > > (h) the medical referee is the spouse, de facto partner, parent, grandparent, aunt, uncle, child or sibling of the dead person.\n> > \n> > Maximum penalty—20 penalty units.\n> \n> > (3) A medical referee may conduct an external examination of the body before issuing a cremation permit if the medical referee considers it necessary.\n> \n> > (4) A medical referee who issues a cremation permit for the body of a dead person must include in the permit any written direction left by the dead person about the particular method of cremation that was or was not to be used.\n> > \n> > Maximum penalty—20 penalty units.\n> \n> > (5) A person who is not a medical referee must not issue a permit required under this Division to be issued by a medical referee.\n> > \n> > Maximum penalty (subsection (5))—20 penalty units.","sortOrder":135},{"sectionNumber":"107","sectionType":"section","heading":"Cremation permits for stillborn children","content":"#### 107 Cremation permits for stillborn children\n\n107 Cremation permits for stillborn children\n\n> > (1) A medical referee who receives an application for cremation of the body of a stillborn child may issue a cremation permit in the approved form.\n> \n> > (2) However, a medical referee must not issue a cremation permit for the body of a stillborn child unless—\n> > \n> > > (a) the child has been certified to be stillborn by a medical practitioner who was in attendance at the delivery of the child, or\n> > \n> > > (b) the medical referee is satisfied, after any inquiries the medical referee thinks necessary, that the child was stillborn.\n> \n> > (3) A medical referee must not issue a cremation permit for the body of a stillborn child if—\n> > \n> > > (a) the medical referee has administered professional care or treatment to the child or the child’s mother at any time in the 6 months preceding death, or\n> > \n> > > (b) the medical referee is a parent or grandparent of the child.","sortOrder":136},{"sectionNumber":"108","sectionType":"section","heading":"Cremation permits issued by coroner","content":"#### 108 Cremation permits issued by coroner\n\n108 Cremation permits issued by coroner\n\n> > (1) A coroner who receives an application for cremation of the body of a person whose death is examinable by the coroner under the [Coroners Act 2009](/view/html/inforce/current/act-2009-041) may issue a cremation permit in the approved form.\n> \n> > (2) However, a coroner must not issue a cremation permit for the body of a dead person if—\n> > \n> > > (a) the proposed cremation would be contrary to a written direction left by the dead person, or\n> > \n> > > (b) the application for cremation appears to the coroner to be incorrect or incomplete.\n> \n> > (3) A coroner who issues a cremation permit for the body of a dead person must include in the permit any written direction left by the dead person about the particular method of cremation that was or was not to be used.\n> \n> > (4) A cremation permit issued for the body of the dead person by a person who exercises the functions of a coroner in another State or Territory under legislation of the State or Territory that regulates the cremation of bodies is taken to have been issued under this section.","sortOrder":137},{"sectionNumber":"109","sectionType":"section","heading":"Cremated remains","content":"#### 109 Cremated remains\n\n109 Cremated remains\n\n> > (1) After cremating the body of a dead person, a cremation authority must, in accordance with any reasonable written directions left by the person or any reasonable directions of the applicant for the cremation—\n> > \n> > > (a) give the cremated remains to the applicant, or\n> > \n> > > (b) dispose of the cremated remains in a burial ground or in land adjoining the crematory reserved for the burial of cremated remains, or\n> > \n> > > (c) otherwise keep or dispose of the cremated remains.\n> > \n> > Maximum penalty—10 penalty units.\n> \n> > (2) If the cremated remains are to be given to the applicant, and the applicant does not take them within a reasonable time, the cremation authority must give 14 days’ notice to the applicant of the cremation authority’s intention to dispose of the cremated remains before disposing of them.\n> > \n> > Maximum penalty—10 penalty units.","sortOrder":138},{"sectionNumber":"110","sectionType":"section","heading":"Closing of crematories","content":"#### 110 Closing of crematories\n\n110 Closing of crematories\n\n> > (1) The Minister may, on giving 28 days’ written notice to a cremation authority, order the closing of a crematory whose operations are directed by the authority.\n> \n> > (2) A cremation authority must not, after the 28-day period has expired, direct or permit the operation of a crematory that is the subject of an order until the order is revoked by the Minister.\n> > \n> > Maximum penalty—20 penalty units.\n> \n> > (3) Except if an order has been given under subsection (1), a cremation authority must, not less than 28 days before temporarily or permanently closing a crematory whose operations it directs—\n> > \n> > > (a) notify the Minister of the intended closure, and\n> > \n> > > (b) publish a notice giving details of the intended closure in a newspaper circulating in the district where the crematory is located, and\n> > \n> > > (c) prominently display a copy of the notice at the entrance of the crematory.\n> > \n> > Maximum penalty—20 penalty units.\n> \n> > (4) A person must not re-open a crematory closed by a cremation authority without the approval of the Minister.\n> > \n> > Maximum penalty (subsection (4))—20 penalty units.","sortOrder":139},{"sectionNumber":"111","sectionType":"section","heading":"Register of mortuaries","content":"#### 111 Register of mortuaries\n\n111 Register of mortuaries\n\n> > (1) The Secretary must maintain a register of mortuaries.\n> \n> > (2) A person who operates a mortuary must give the Secretary written notice of the following—\n> > \n> > > (a) the name and location of the mortuary,\n> > \n> > > (b) the name and address of the person who operates the mortuary,\n> > \n> > > (c) the telephone number of the mortuary or of the person who operates the mortuary,\n> > \n> > > (d) the name and address of any funeral director who has access to the mortuary.\n> > \n> > Maximum penalty—20 penalty units.\n> \n> > (3) The notification must be accompanied by the fee, not exceeding the fee specified in Schedule 5, determined by the Secretary.\n> \n> > (4) The person who operates the mortuary must notify the Secretary of a change in the information notified to the Secretary.\n> > \n> > Maximum penalty—20 penalty units.\n> \n> > (5) No fee is payable for a notification under subsection (4).","sortOrder":141},{"sectionNumber":"112","sectionType":"section","heading":"Powers of authorised officers","content":"#### 112 Powers of authorised officers\n\n112 Powers of authorised officers\n\n> An authorised officer may do any of the following—\n> \n> > (a) enter and inspect a mortuary or premises that the officer has reason to suspect is a mortuary,\n> \n> > (b) enter a crematory and inspect equipment or apparatus at the crematory,\n> \n> > (c) enter a cemetery and inspect any part of the cemetery,\n> \n> > (d) enter and inspect a holding room,\n> \n> > (e) inspect a register or other record or document at a mortuary, crematory, cemetery or holding room and take copies of or extracts from the register, record or document,\n> \n> > (f) enter premises used by a mortuary transport service and inspect records, equipment or apparatus used by the mortuary transport service.","sortOrder":142},{"sectionNumber":"113","sectionType":"section","heading":"Guidelines as defence","content":"#### 113 Guidelines as defence\n\n113 Guidelines as defence\n\n> It is a defence to a prosecution for an offence against this Part if the defendant satisfies the court that the act or omission constituting the offence was done in compliance with any guidelines published by the Ministry of Health.","sortOrder":143},{"sectionNumber":"114","sectionType":"section","heading":"Offences by corporations","content":"#### 114 Offences by corporations\n\n114 Offences by corporations\n\n> This Regulation, sections 78, 98, 100, 102, 109 and 111(2) and (4) are declared to be excluded provisions for the Act, section 119(2).","sortOrder":144},{"sectionNumber":"115","sectionType":"section","heading":"Death certificates for deaths outside NSW","content":"#### 115 Death certificates for deaths outside NSW\n\n115 Death certificates for deaths outside NSW\n\n> The Secretary may determine that a document issued in relation to the death of a person under the law of another State, a Territory or the Commonwealth or any other place is taken to be a death certificate for the purposes of this Regulation.","sortOrder":145},{"sectionNumber":"Part 9","sectionType":"part","heading":"Miscellaneous","content":"# Part 9 Miscellaneous\n\nPart 9 Miscellaneous","sortOrder":146},{"sectionNumber":"116","sectionType":"section","heading":"Codes of conduct for non-registered health practitioners and relevant health organisations—the Act, s 100(1)","content":"#### 116 Codes of conduct for non-registered health practitioners and relevant health organisations—the Act, s 100(1)\n\n116 Codes of conduct for non-registered health practitioners and relevant health organisations—the Act, s 100(1)\n\n> > (1) The code of conduct set out in Schedule 3 is prescribed for the provision of health services by—\n> > \n> > > (a) a health practitioner who is not a registered health practitioner, including a de-registered health practitioner, and\n> > \n> > > (b) a registered health practitioner who provides health services that are unrelated to the practitioner’s registration.\n> \n> > (2) The code of conduct set out in Schedule 4 is prescribed for the provision of health services by a relevant health organisation.\n> \n> > (3) The code of conduct set out in Schedule 4 does not apply to the provision of the following services by a relevant health organisation—\n> > \n> > > (a) residential care, home care or flexible care under the [Aged Care Act 1997](http://www.legislation.gov.au/) of the Commonwealth,\n> > \n> > > (b) a Commonwealth-funded aged care service under the [Aged Care Quality and Safety Commission Act 2018](http://www.legislation.gov.au/) of the Commonwealth.","sortOrder":147},{"sectionNumber":"117","sectionType":"section","heading":"Corresponding interstate prohibition orders","content":"#### 117 Corresponding interstate prohibition orders\n\n117 Corresponding interstate prohibition orders\n\n> For the Act, section 101(1), definition of corresponding interstate prohibition order, the following are prescribed—\n> \n> > (a) an interim prohibition order or prohibition order made under the Health Ombudsman Act 2013 of Queensland,\n> \n> > (b) an order made under the Health Practitioner Regulation National Law Act 2009 of Queensland, Schedule, section 196(4), as it applies as a law of a State or Territory,\n> \n> > (b1) an interim prohibition order made under the Health Practitioner Regulation National Law Act 2009 of Queensland, Schedule, as it applies as a law of a State or Territory,\n> \n> > (c) an order made under the Health and Community Services Complaints Act 2004 of South Australia, Part 6, Division 5,\n> \n> > (d) an order made under the Health Complaints Act 2016 of Victoria, Part 8,\n> \n> > (e) an order made under the Health and Disability Services (Complaints) Act 1995 of Western Australia, Part 3D, Division 1 or 2,\n> \n> > (f) an interim prohibition or condition order made under the Human Rights Commission Act 2005 of the Australian Capital Territory, section 94G,\n> \n> > (g) a final prohibition or condition order made under the Human Rights Commission Act 2005 of the Australian Capital Territory, section 94H,\n> \n> > (h) an interim prohibition order made under the Health Complaints Act 1995 of Tasmania, section 56AAB,\n> \n> > (i) a prohibition order made under the Health Complaints Act 1995 of Tasmania, section 56AAC.\n> \n> **s 117:** Am 2024 (365), Sch 1\\[1\\] \\[2\\]; 2025 (147), Sch 1\\[3\\].","sortOrder":148},{"sectionNumber":"118","sectionType":"section","heading":"Health practitioners who are de-registered or subject to prohibition orders—the Act, s 102","content":"#### 118 Health practitioners who are de-registered or subject to prohibition orders—the Act, s 102\n\n118 Health practitioners who are de-registered or subject to prohibition orders—the Act, s 102\n\n> > (1) The notice required under the Act, section 102(1)(a) must be written and include the following—\n> > \n> > > (a) the type of registration the health practitioner held prior to becoming a de-registered health practitioner,\n> > \n> > > (b) the date the health practitioner became a de-registered health practitioner,\n> > \n> > > (c) the reason the health practitioner became a de-registered health practitioner,\n> > \n> > > (d) the period for which the health practitioner will be a de-registered health practitioner.\n> \n> > (2) The notice required under the Act, section 102(1)(b) must consist of a copy of the relevant decision and the orders relating to the de-registration of the health practitioner.\n> \n> > (3) The notice required under the Act, section 102(2)(a) must be written and include the following—\n> > \n> > > (a) the type of health service or services the practitioner provided prior to becoming subject to the prohibition order,\n> > \n> > > (b) the date of the prohibition order,\n> > \n> > > (c) any health service the health practitioner has been prohibited from practising under the prohibition order,\n> > \n> > > (d) the reason the health practitioner is subject to the prohibition order,\n> > \n> > > (e) the period for which the health practitioner is subject to the prohibition order.\n> \n> > (4) The notice required under the Act, section 102(2)(b) must consist of a copy of the relevant decision and the orders relating to the prohibition order.","sortOrder":149},{"sectionNumber":"119","sectionType":"section","heading":"Disclosure of information about persons who have cervical screening tests—the Act, s 130(e)","content":"#### 119 Disclosure of information about persons who have cervical screening tests—the Act, s 130(e)\n\n119 Disclosure of information about persons who have cervical screening tests—the Act, s 130(e)\n\n> > (1) For the purposes of the National Cancer Screening Register, a person may disclose the identifying details of a person who has had a cervical cancer test (a patient), together with the results of the test, to the following—\n> > \n> > > (a) an officer or employee of the Commonwealth or an authority of the Commonwealth,\n> > \n> > > (b) a person engaged by the Commonwealth, or an authority of the Commonwealth, to perform work relating to those purposes,\n> > \n> > > (c) an officer or employee of a person referred to in paragraph (b), or engaged by a person referred to in paragraph (b), to perform work relating to those purposes,\n> > \n> > > (d) a health practitioner engaged by the patient to take a specimen from the patient for a cervical screening test,\n> > \n> > > (e) a laboratory engaged on the patient’s behalf to make a pathological or cytological examination of a specimen taken from the patient for a cervical screening test.\n> \n> > (2) This section extends to the disclosure of information that was contained in the former Pap Test Register immediately before 1 May 2018 and was obtained in connection with the administration or execution of the Act.","sortOrder":150},{"sectionNumber":"120","sectionType":"section","heading":"Public health or disease registers—the Act, s 97(1)(f)","content":"#### 120 Public health or disease registers—the Act, s 97(1)(f)\n\n120 Public health or disease registers—the Act, s 97(1)(f)\n\n> A public health or disease register may be established and maintained to facilitate any of the following—\n> \n> > (a) the identification and monitoring of risk factors for particular diseases and conditions in the population or one or more sections of the population,\n> \n> > (b) the measurement and monitoring of the impact of any of the following on the population or one or more sections of the population—\n> > \n> > > (i) diseases and conditions,\n> > \n> > > (ii) treatments for diseases and conditions,\n> > \n> > > (iii) risk factors of diseases and conditions,\n> > \n> > > (iv) health services,\n> \n> > (c) the identification, monitoring or measurement of the health outcomes in relation to the population or one or more sections of the population,\n> \n> > (d) the planning of health programs, or treatments or services, for the population or one or more sections of the population,\n> \n> > (e) the evaluation of health programs, or treatments or services, for the population or one or more sections of the population.","sortOrder":151},{"sectionNumber":"121","sectionType":"section","heading":"Nursing homes—the Act, s 5(1)","content":"#### 121 Nursing homes—the Act, s 5(1)\n\n121 Nursing homes—the Act, s 5(1)\n\n> For the Act, section 5(1), definition of nursing home, paragraph (b), a facility that was a nursing home for the purposes of the Act immediately before 1 July 2014 is prescribed.","sortOrder":152},{"sectionNumber":"122","sectionType":"section","heading":"Minimum qualifications for director of nursing at nursing home—the Act, s 104(2)","content":"#### 122 Minimum qualifications for director of nursing at nursing home—the Act, s 104(2)\n\n122 Minimum qualifications for director of nursing at nursing home—the Act, s 104(2)\n\n> The minimum qualifications for appointment as director of nursing at a nursing home are—\n> \n> > (a) 5 years post-basic or post-graduate nursing experience, and\n> \n> > (b) 2 years experience in a management position in a hospital.","sortOrder":153},{"sectionNumber":"123","sectionType":"section","heading":"Notification of improvement notices and prohibition orders—the Act, s 134","content":"#### 123 Notification of improvement notices and prohibition orders—the Act, s 134\n\n123 Notification of improvement notices and prohibition orders—the Act, s 134\n\n> A local government authority must, on or before 1 August in each year, provide the Secretary with the following information—\n> \n> > (a) details of each improvement notice served during the previous financial year on an occupier of premises in the local government authority’s area by an authorised officer appointed by the authority,\n> \n> > (b) details of each prohibition order served during the previous financial year on an occupier of premises in the local government authority’s area by—\n> > \n> > > (i) the local government authority, or\n> > \n> > > (ii) if the local government authority is a council—the General Manager of the council.","sortOrder":154},{"sectionNumber":"124","sectionType":"section","heading":"Fee for improvement notices and prohibition orders—the Act, s 134(2)(w)","content":"#### 124 Fee for improvement notices and prohibition orders—the Act, s 134(2)(w)\n\n124 Fee for improvement notices and prohibition orders—the Act, s 134(2)(w)\n\n> > (1) A person who is given an improvement notice or a prohibition order must, within 60 days after the notice is given, pay the fee specified in Schedule 5 to the relevant agency if the notice or order contains a requirement to do so.\n> \n> > (2) The relevant agency may—\n> > \n> > > (a) extend the time for payment of the fee, on the application of the person to whom the improvement notice or prohibition order was given, or\n> > \n> > > (b) waive payment of the whole or part of the fee, on the relevant agency’s own initiative or on the application of the person to whom the improvement notice or prohibition order was given.\n> \n> > (3) A person to whom an improvement notice or prohibition order is given must pay the fee required by this section within the time provided under this section.\n> > \n> > Maximum penalty—20 penalty units.\n> \n> > (4) In this section—\n> > \n> > relevant agency means—\n> > \n> > > (a) for an improvement notice given by an authorised officer appointed by the Secretary or a prohibition order given by the Secretary—the Secretary, or\n> > \n> > > (b) for an improvement notice given by an authorised officer appointed by a local government authority or a prohibition order given by a local government authority—the local government authority, or\n> > \n> > > (c) for a prohibition order given by a General Manager of a council—the council.","sortOrder":155},{"sectionNumber":"125","sectionType":"section","heading":"Fee for re-inspection of premises subject to prohibition order—the Act, s 134(2)(w)","content":"#### 125 Fee for re-inspection of premises subject to prohibition order—the Act, s 134(2)(w)\n\n125 Fee for re-inspection of premises subject to prohibition order—the Act, s 134(2)(w)\n\n> > (1) The fee payable by an occupier of premises who is subject to a prohibition order for an inspection of the premises by an authorised officer under the Act, section 46(1) is the amount specified in Schedule 5 for each hour of the inspection.\n> \n> > (2) The fee payable for an inspection must be for at least half an hour and not more than 2 hours, excluding travelling time.","sortOrder":156},{"sectionNumber":"126","sectionType":"section","heading":"Savings","content":"#### 126 Savings\n\n126 Savings\n\n> An act, matter or thing that, immediately before the repeal of the [Public Health Regulation 2012](/view/html/repealed/current/sl-2012-0311), had effect under that Regulation continues to have effect under this Regulation.","sortOrder":157},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Requirements for public swimming pools and spa pools","content":"# Schedule 1 Requirements for public swimming pools and spa pools\n\nSchedule 1 Requirements for public swimming pools and spa pools\n\nsection 27","sortOrder":158},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Notification of certain deaths","content":"# Schedule 2 Notification of certain deaths\n\nSchedule 2 Notification of certain deaths\n\nsection 57(b) and (c)","sortOrder":170},{"sectionNumber":"Schedule 3","sectionType":"schedule","heading":"Code of conduct for non-registered health practitioners","content":"# Schedule 3 Code of conduct for non-registered health practitioners\n\nSchedule 3 Code of conduct for non-registered health practitioners\n\nsection 116(1)\n\nNote—\n\nIn the [Public Health Act 2010](/view/html/inforce/current/act-2010-127) and this code of conduct, health organisation, health practitioner, health service and relevant health organisation have the same meanings as in the [Health Care Complaints Act 1993](/view/html/inforce/current/act-1993-105).\n\nThe [Health Care Complaints Act 1993](/view/html/inforce/current/act-1993-105) definitions are—\n\nhealth organisation means a body that provides a health service, not being a health practitioner, and\n\nhealth practitioner means a natural person who provides a health service, whether or not the person is registered under the Health Practitioner Regulation National Law, and\n\nhealth service includes the following services, whether provided as public or private services—\n\n> (a) medical, hospital, nursing and midwifery services,\n\n> (b) dental services,\n\n> (c) mental health services,\n\n> (d) pharmaceutical services,\n\n> (e) ambulance services,\n\n> (f) community health services,\n\n> (g) health education services,\n\n> (h) welfare services necessary to implement any services referred to in paragraphs (a)–(g),\n\n> (i) services provided in connection with Aboriginal and Torres Strait Islander health practices and medical radiation practices,\n\n> (j) Chinese medicine, chiropractic, occupational therapy, optometry, osteopathy, physiotherapy, podiatry and psychology services,\n\n> (k) optical dispensing, dietitian, massage therapy, naturopathy, acupuncture, speech therapy, audiology and audiometry services,\n\n> (l) services provided in other alternative health care fields,\n\n> (m) forensic pathology services,\n\n> (n) a service prescribed by the regulations as a health service for the purposes of the [Health Care Complaints Act 1993](/view/html/inforce/current/act-1993-105), and\n\nrelevant health organisation means a person that is a health organisation other than the following—\n\n> (a) a public health organisation within the meaning of the [Health Services Act 1997](/view/html/inforce/current/act-1997-154),\n\n> (b) a public hospital within the meaning of the [Health Services Act 1997](/view/html/inforce/current/act-1997-154),\n\n> (c) a private health facility licensed under the [Private Health Facilities Act 2007](/view/html/inforce/current/act-2007-009),\n\n> (d) an organisation or class of organisation prescribed by the regulations for the purposes of this definition.","sortOrder":173},{"sectionNumber":"Schedule 4","sectionType":"schedule","heading":"Code of conduct for health organisations","content":"# Schedule 4 Code of conduct for health organisations\n\nSchedule 4 Code of conduct for health organisations\n\nsection 116(2)\n\nNote 1—\n\nIn the [Public Health Act 2010](/view/html/inforce/current/act-2010-127) and this code of conduct, health organisation, health practitioner, health service and relevant health organisation have the same meanings as in the [Health Care Complaints Act 1993](/view/html/inforce/current/act-1993-105).\n\nThe [Health Care Complaints Act 1993](/view/html/inforce/current/act-1993-105) definitions are—\n\nhealth organisation means a body that provides a health service, not being a health practitioner, and\n\nhealth practitioner means a natural person who provides a health service, whether or not the person is registered under the Health Practitioner Regulation National Law, and\n\nhealth service includes the following services, whether provided as public or private services—\n\n> (a) medical, hospital, nursing and midwifery services,\n\n> (b) dental services,\n\n> (c) mental health services,\n\n> (d) pharmaceutical services,\n\n> (e) ambulance services,\n\n> (f) community health services,\n\n> (g) health education services,\n\n> (h) welfare services necessary to implement any services referred to in paragraphs (a)–(g),\n\n> (i) services provided in connection with Aboriginal and Torres Strait Islander health practices and medical radiation practices,\n\n> (j) Chinese medicine, chiropractic, occupational therapy, optometry, osteopathy, physiotherapy, podiatry and psychology services,\n\n> (k) optical dispensing, dietitian, massage therapy, naturopathy, acupuncture, speech therapy, audiology and audiometry services,\n\n> (l) services provided in other alternative health care fields,\n\n> (m) forensic pathology services,\n\n> (n) a service prescribed by the regulations as a health service for the purposes of the [Health Care Complaints Act 1993](/view/html/inforce/current/act-1993-105), and\n\nrelevant health organisation means a person that is a health organisation other than the following—\n\n> (a) a public health organisation within the meaning of the [Health Services Act 1997](/view/html/inforce/current/act-1997-154),\n\n> (b) a public hospital within the meaning of the [Health Services Act 1997](/view/html/inforce/current/act-1997-154),\n\n> (c) a private health facility licensed under the [Private Health Facilities Act 2007](/view/html/inforce/current/act-2007-009),\n\n> (d) an organisation or class of organisation prescribed by the regulations for the purposes of this definition.\n\nNote 2—\n\nThis code of conduct does not apply to the provision of residential care, home care or flexible care under the [Aged Care Act 1997](http://www.legislation.gov.au/) of the Commonwealth or a Commonwealth-funded aged care service under the [Aged Care Quality and Safety Commission Act 2018](http://www.legislation.gov.au/) of the Commonwealth.","sortOrder":190},{"sectionNumber":"Schedule 5","sectionType":"schedule","heading":"Fees","content":"# Schedule 5 Fees\n\nSchedule 5 Fees\n\n| Column 1 | Column 2 |\n| Matter for which fee is payable | Amount |\n| Application for approval of warm-water system —section 7(2) and (3) | $211 |\n| Notification of installation of warm-water system | $120 |\n| Notification of installation of cooling water system | $120 |\n| Notification of public swimming pool or spa pool | $105 |\n| Notification of carrying out of skin penetration procedure | $105 |\n| Application for approval to exhume remains | $422 |\n| Application for exemption for cremation documentation | $105 |\n| Notification for register of mortuaries | $105 |\n| Improvement notice or prohibition order given to occupier of premises at which there is regulated system— |  |\n| (a) on or after 1 July 2022 and before 1 July 2023 | $605 |\n| (b) on or after 1 July 2023 and before 1 July 2024 | $620 |\n| (c) on or after 1 July 2024 and before 1 July 2025 | $635 |\n| (d) on or after 1 July 2025 and before 1 July 2026 | $650 |\n| (e) on or after 1 July 2026 and before 1 July 2027 | $665 |\n| (f) on or after 1 July 2027 | $680 |\n| Improvement notice or prohibition order in any other case— |  |\n| (a) on or after 1 July 2022 and before 1 July 2023 | $285 |\n| (b) on or after 1 July 2023 and before 1 July 2024 | $290 |\n| (c) on or after 1 July 2024 and before 1 July 2025 | $295 |\n| (d) on or after 1 July 2025 and before 1 July 2026 | $302 |\n| (e) on or after 1 July 2026 and before 1 July 2027 | $309 |\n| (f) on or after 1 July 2027 | $316 |\n| Re-inspection of premises subject to prohibition order—per hour | $255 |\n\n**sch 5:** Am 2025 (147), Sch 1\\[4\\]–\\[6\\]; 2025 (305), Sch 1\\[1\\] \\[2\\].","sortOrder":201},{"sectionNumber":"Schedule 6","sectionType":"schedule","heading":"Penalty notice offences","content":"# Schedule 6 Penalty notice offences\n\nSchedule 6 Penalty notice offences\n\n| Column 1 | Column 2 | Column 3 |\n| Offence | Penalty for individual | Penalty for corporation |\n| Offences under the Act |\n| Section 30 for an offence involving a contravention of this Regulation, section 11(3)(b) | $220 | $440 |\n| Section 31 | $220 | $440 |\n| Section 35(1) for an offence involving a contravention of this Regulation, Schedule 1, section 3(1) | $550 | $1,100 |\n| Section 35(2) | $220 | $440 |\n| Section 37 | $220 | $440 |\n| Section 38(1) for an offence involving a contravention of this Regulation, section 34(1)(b) | $110 | $220 |\n| Section 38(1) for an offence involving a contravention of this Regulation, section 34(1)(c) | $550 | $1,100 |\n| Section 38(1) for an offence involving a contravention of this Regulation, section 36(1) | $550 | $1,100 |\n| Section 38(2) | $220 | $440 |\n| Section 47 for a failure to comply with a prohibited order in relation to a public swimming pool or spa pool or premises at which skin penetration procedures are carried out | $1,100 | $2,200 |\n| Section 47 for a failure to comply with a prohibition order in relation to a regulated system | $1,650 | $3,300 |\n| Offences under this Regulation |\n| Section 10(1) | $220 | $440 |\n| Section 19(1) | $220 | $440 |\n| Section 20(2) | $220 | $440 |\n| Section 24 | $220 | $440 |\n| Section 28(4) | $220 | $440 |\n| Section 44 | $220 | $440 |\n\n**sch 6:** Am 2025 (147), Sch 1\\[7\\]–\\[10\\].","sortOrder":202},{"sectionNumber":"Schedule 7","sectionType":"schedule","heading":"Dictionary","content":"# Schedule 7 Dictionary\n\nSchedule 7 Dictionary\n\nsection 3\n\nappropriate sharps container, for Part 4—see section 31A.\n\nAS/NZS 3666.1:2011 means AS/NZS 3666.1:2011, Air-handling and water systems of buildings—Microbial control, Part 1: Design, installation and commissioning.\n\nAS/NZS 3666.2:2011 means AS/NZS 3666.2:2011, Air-handling and water systems of buildings—Microbial control, Part 2: Operation and maintenance.\n\nAS/NZS 3666.3:2011 means AS/NZS 3666.3:2011, Air-handling and water systems of buildings—Microbial control, Part 3: Performance-based maintenance of cooling water systems.\n\nAS/NZS 3666.4:2011 means AS/NZS 3666.4:2011, Air-handling and water systems of buildings—Microbial control, Part 4: Performance-based maintenance of air-handling systems (ducts and components).\n\nbody means the body of a dead person, but does not include the cremated remains of the person.\n\nbody preparation room means the part of a mortuary that is used for the preparation of bodies for burial or cremation.\n\nburial includes putting in a vault.\n\ncompetent person has the same meaning as in AS/NZS 3666.1:2011.\n\ncontact details of a person means the person’s name, residential or business address, email address and business or mobile telephone number.\n\ncooling tower means a device for lowering the temperature of water or other liquid by evaporative cooling or an evaporative condenser that incorporates a device containing a refrigerant or heat exchanger.\n\ncoroner means a person who exercises or performs the functions of a coroner in accordance with the [Coroners Act 2009](/view/html/inforce/current/act-2009-041).\n\ncorrectional centre has the same meaning as in the [Crimes (Administration of Sentences) Act 1999](/view/html/inforce/current/act-1999-093).\n\ncremation includes disposal of a body by alkaline hydrolysis.\n\ncremation authority, in relation to a crematory, means the person or body that directs the operations of the crematory.\n\ncremation permit means a permit issued under section 106, 107 or 108.\n\ncrematory includes premises in which bodies are disposed of by alkaline hydrolysis.\n\ndead person includes a stillborn child.\n\ndeath certificate means—\n\n> (a) a certificate issued under the [Births, Deaths and Marriages Registration Act 1995](/view/html/inforce/current/act-1995-062), or\n\n> (b) a notice of the death of a person given by a medical practitioner to the Registrar of Births, Deaths and Marriages under the [Births, Deaths and Marriages Registration Act 1995](/view/html/inforce/current/act-1995-062), section 39, referred to as a Medical Certificate of Cause of Death or MCCD.\n\ndwelling means a single occupancy dwelling that does not have common property and is not controlled by an owners corporation within the meaning of the [Strata Schemes Management Act 2015](/view/html/inforce/current/act-2015-050).\n\nembalming means the process of preserving a body by removing body fluids and arterially injecting the body with embalming fluids, or by other means approved by the Secretary.\n\nexhumation means the removal of a dead person’s remains, not being cremated remains, from a grave or vault, but does not include—\n\n> (a) removal of the remains from one vault for immediate transfer to another vault in the same cemetery, or\n\n> (b) temporary removal of the remains for reburial in the same grave or vault, or\n\n> (c) the re-interment of the remains in accordance with the [Cemeteries and Crematoria Act 2013](/view/html/inforce/current/act-2013-105), section 55(4).\n\nfuneral director means a person, other than an operator of a mortuary transport service, who in the conduct of the person’s business engages in—\n\n> (a) the collection, transport, storage, preparation or embalming of bodies for burial, cremation or transport, or\n\n> (b) the conduct of exhumations.\n\nholding room means a room that includes refrigerated body storage facilities for at least 2 adult bodies but does not include a body preparation room.\n\nmedical referee means—\n\n> (a) a public health officer who is a registered medical practitioner, or\n\n> (b) a medical superintendent of a public hospital, within the meaning of the [Health Services Act 1997](/view/html/inforce/current/act-1997-154), or\n\n> (c) a registered medical practitioner who has been appointed by the Secretary as a medical referee for this Regulation.\n\nmortuary means premises that are used, or intended to be used, for the preparation or storage of bodies as part of the arrangements for the burial or cremation of bodies, but does not include premises, such as a hospital, in which bodies may be temporarily stored pending transfer to a mortuary.\n\nmortuary transport service means a service that, for fee, gain or reward, transports bodies.\n\nnatural swimming pool means a swimming pool that—\n\n> (a) contains only untreated water that is supplied directly to the pool from the ocean or other natural water source, and\n\n> (b) does not have a circulation system.\n\nnearest surviving relative of a dead person means—\n\n> (a) for a stillborn child—a parent, or a sibling who is at least 16 years of age, of the stillborn child, and\n\n> (b) otherwise—\n> \n> > (i) the spouse or de facto partner of the dead person immediately before death, or\n> \n> > (ii) a parent of the dead person, or\n> \n> > (iii) a child, who is at least 16 years of age, of the dead person, or\n> \n> > (iv) a relative of the dead person who was residing with the dead person when the person died.\n\nprescribed infectious disease, for Part 8, Division 2—see section 79.\n\nprivate water supplier has the same meaning as in the Act, section 4.\n\nQAP means a quality assurance program referred to in the Act, section 25.\n\nrefrigerated body storage facility means a storage facility for bodies maintained at between 1 and 5°C.\n\nthe Act means the [Public Health Act 2010](/view/html/inforce/current/act-2010-127).\n\nwater carter has the same meaning as in the Act, section 4.\n\n**sch 7:** Am 2025 (624), Sch 1\\[7\\].","sortOrder":204}],"analysis":{"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The instrument replaces the earlier Public Health Regulation 2012 (commencement note, s 2) but explicitly preserves acts, matters and things that had effect under the repealed Regulation (s 126).  The Regulation therefore continues the regulatory coverage of the predecessor instrument while setting updated technical prescriptions, notification procedures, fee amounts and enforcement details (see Parts 2–8 and Schedules 1, 5 and 6).  Where new or updated technical standards and definitions appear (for example, updated references in Schedule 7 and the insertion of an 'appropriate sharps container' definition at s 31A), the text changes the specific compliance requirements, but s 126 preserves continuity of existing legal effect from the prior Regulation."},"complexity_factors":["Multiple technical cross‑references to external Australian Standards and Ministry documents (eg. AS/NZS 3666.x series, AS 5369:2023) (s 3(2), ss 4–11, s 37)","Sectoral breadth: provisions cover HVAC and cooling systems, pools, skin penetration, drinking water suppliers, scheduled conditions, mortuaries/cremation and more (many Parts and Schedules)","Layered compliance: overlapping duties for installation, operation, maintenance, sampling, testing, record keeping, auditing and notification (eg. ss 11, 12, 13, 14, 17, 19)","Time‑sensitive reporting and retention obligations with short windows (eg. 24‑hour reporting for reportable test results s 18; 4‑hour records on request s 19)","Multiple decision makers and discretionary powers (Secretary, Chief Health Officer, Minister, local government authorities) creating conditional compliance paths (eg. ss 15, 16, 28–29, 55, 76)","Prescribed fees and penalty regimes across different actors and time bands (Schedules 5–6) and explicit penalty units in many offences","Detailed sectoral technical requirements (sterilisation, autoclave calibration, disinfectant dosing systems, pool chemical levels) that require specialised competence and testing"],"plain_english_summary":"What this regulation does (mechanics)\n\n- Replaces the earlier Public Health Regulation and sets detailed, operational rules under the Public Health Act 2010 for a range of public‑health matters (commencement and replacement: s 2; continuity: s 126).  It prescribes technical standards, reporting duties, record‑keeping, fees and penalties across discrete areas: Legionella control in building water and air systems (Parts 2 Divs 1–3), public swimming pools and spa pools (Part 3, Schedule 1), skin penetration procedures (Part 4), drinking water quality programs (Part 5), notification and control of scheduled medical conditions (Part 6), other disease control measures (Part 7) and disposal of bodies (Part 8).  The Regulation also sets codes of conduct for non‑registered practitioners and health organisations (Part 9, Schedules 3–4) and schedules fees and penalty amounts (Schedules 5–6).\n\nWho is directly affected\n\n- Occupiers of premises with regulated systems: cooling towers, warm‑water systems, air‑handling and humidifying systems (eg. owners/operators of commercial HVAC, cooling towers, hospitals) — duties on installation, operation, maintenance, testing, risk assessments and reporting (see ss 4–11, 12–19, 25).\n- Operators of public swimming pools and spas — technical water‑quality and testing rules, daily checks and record keeping (Schedule 1, s 27).\n- Premises offering skin penetration procedures (tattooing, body piercing, colonic lavage declared a skin penetration procedure (s 32)) — premises standards, sterilisation, sharps handling, single‑use rules and notifications (ss 33–43).\n- Suppliers of drinking water, private water suppliers and water carters — must prepare QAPs (quality assurance programs) with specified content and records (ss 45–56, 53–54).\n- Mortuary, cremation and funeral service operators, and people who handle bodies — storage, transport, embalming, cremation and exhumation procedures, registers and approvals (Part 8, ss 76–111).\n- Health practitioners and health organisations providing services not covered by professional registration — subject to codes of conduct (Schedule 3 and 4).\n- Local government authorities and the Secretary (Ministry of Health) — obligations to keep registers (ss 25, 31, 43, 111), issue identification numbers for cooling towers (s 10), receive notifications, approve auditors and mortuary uses, grant certain exemptions and enforce compliance (eg. ss 15, 55, 76, 28–29).\n\nHow it works (selected mechanics that matter for behaviour and costs)\n\n- Technical standardisation: Many duties are expressed as compliance with Australian standards (AS/NZS 3666.x series and others) or Ministry of Health documents (eg. ss 4–7, 11, 37).  This makes the standards technical and externally referenced (s 3(2)–(3), Schedule 7 definitions).\n\n- Risk assessment, testing and reporting for cooling water systems: Risk assessments must be performed by a competent person, categorised (low/medium/high) and repeated on specified schedules (s 12). Monthly sampling, testing for Legionella and heterotrophic counts, monthly inspection and chemical analysis, and monthly reporting to occupiers are required (s 17). Reportable laboratory results must be provided to local government within 24 hours (s 18). Records and reports must be kept and made available to authorised officers within 4 hours on request (s 19).\n\n- Authorised approvals and discretionary directions: The Secretary may approve auditors (s 15), require further risk assessments (s 16), order temporary closure of swimming pools (s 28) or direct disinfection or other remedial action (s 29). The Chief Health Officer may grant or vary exemptions from QAP requirements (s 55).\n\n- Fees and penalties: Specific fees are prescribed in Schedule 5 (eg. notifications, approvals, application fees). Maximum penalties (expressed in penalty units) are attached to numerous offences; Schedule 6 lists penalty notice offence amounts for individuals and corporations.\n\nOfficial purpose claims and a practical test of trade‑offs (as framed in the Regulation)\n\n- The Regulation frames many provisions as measures to control infectious risks and protect public health.  For example, Legionella control provisions reference recognized engineering and maintenance standards to reduce microbial risk (ss 4–11, 11(2)).  The Regulation similarly sets water‑quality parameters for public pools (Schedule 1) and mandates sterilisation and sharps handling to reduce cross‑infection in skin penetration settings (ss 34–41, 37).\n\n- Costs and compliance burdens arising from those stated aims are concrete and visible in the text.  Examples:\n  - Regular technical sampling and laboratory testing (monthly sampling, accredited laboratories required for Legionella and heterotrophic tests — ss 17, 21).  Those activities impose ongoing operating costs on occupiers and require access to accredited labs.\n  - Documentation, audits and approved auditors: risk assessments must be documented in an approved form and compliance audited annually; audits must be carried out by persons approved by the Secretary (ss 13–15).  That creates recurring professional fees and administrative tasks.\n  - Equipment and maintenance costs: requirements for autoclaves and calibration for sterilisation (s 37), use of automated dosing systems in pools (Schedule 1, cl 3), and supply of single‑use consumables for skin penetration procedures (ss 34, 36, 38–41).\n  - Fees payable to regulators for approvals, notifications and some applications (Schedule 5).  Failure to comply carries monetary penalties (penalty units) and penalty notice amounts (Schedule 6).\n\nDecision‑making authority and discretion\n\n- The Secretary and Chief Health Officer retain several discretionary decisions with operational consequence: approving auditors (s 15), requiring additional risk assessments (s 16), issuing closure or remediation orders for pools (ss 28–29), granting exemptions for QAP items (s 55), and approving mortuary or holding room uses and exhumations (ss 76, 95–96).  Local government authorities administer registers and designate unique identification numbers for cooling towers (ss 10, 25).\n\nWho pays, who decides, and what behaviour changes\n\n- Who pays: occupiers/operators bear the direct compliance costs (testing, audits, sterilisation equipment, staff training), and must pay fees for approvals and notifications set out in Schedule 5.  Where an improvement notice or prohibition order carries a fee, the occupier may be charged (s 124 and Schedule 5).  Laboratories must be NATA‑accredited to perform specified tests (s 21).\n\n- Who decides: the Secretary, Chief Health Officer and local government authorities make key administrative decisions (approvals, audit approvals, registers, notices and enforcement); authorised officers may inspect and require compliance (eg. ss 15, 16, 25, 112).\n\n- Behaviour changes the rules impose: operators must introduce regular testing, maintain records, use single‑use items where required, fit and calibrate sterilisation equipment, make notifications to local government within set timeframes, display identification and prohibition orders when served, and comply with Secretary/CHO directions such as closures or disinfection.\n\nImplementation risks, incentives and trade‑offs (mechanisms rather than judgments)\n\n- Compliance complexity and administrative load: Frequent testing, reporting windows (eg. 24‑hour reporting for reportable Legionella results — s 18), record retention periods (eg. 6 months for pool tests, 12–24 months for sterilisation records — Schedule 1 cl 11; s 37(3)–(4); ss 53–54) and the need to use accredited labs and approved auditors create recurring transaction costs for businesses.\n\n- Discretion creates conditional compliance paths: Several permissions and exemptions are exercisable by officials (Secretary, CHO, Minister).  Those powers can alter the practical obligations an occupier faces (eg. s 7(2)(b) — hospital warm‑water systems require Secretary approval and that application attracts a fee in Schedule 5).  Discretion conveys to officials the ability to tailor requirements but also concentrates decision authority.\n\n- Information flows and enforcement: Registers maintained by local government and requirements to provide documents and contact details on short notice (s 19, s 25) increase regulatory visibility of particular systems (cooling towers, warm‑water systems, pools, skin penetration premises).  That visibility supports targeted inspections and enforcement but imposes record and disclosure duties on occupiers.\n\n- Substitution and limited exemptions: The Regulation exempts certain domestic systems (air‑handling, hot water, humidifying systems in dwellings — ss 4–6) and declares some recreational structures not to be pools if they meet conditions (s 26).  These carve‑outs create scope for different treatment of private/domestic vs commercial installations.\n\nConcrete examples of potential capacity and cost effects on enterprise (source‑citations)\n\n- A business operating a cooling tower must pay for competent persons to prepare risk assessments, have monthly sampling and accredited lab testing, keep and produce records within 4 hours on request, and fund annual audits by Secretary‑approved auditors (ss 11, 12, 17–19, 14–15).  Schedule 5 lists related notification fees; Schedule 6 and the penalty provisions set potential fines.\n\n- A small tattoo studio must register with local government (s 42), meet premises standards (s 34), use single‑use applicators and single‑use containers for inks (s 40), sterilise reusable items (s 37) which may require an autoclave and calibration, display the code of conduct (Schedule 3 cl 15) and maintain records — all of which affect operational cost and workflow (ss 33–41, Schedule 3).\n\nSummary statement of effect and trade‑offs (neutral)\n\n- The Regulation translates broad public‑health powers in the Act into detailed, technical obligations, administrative processes and enforcement mechanisms.  It centralises some decision authority with the Secretary and Chief Health Officer, prescribes accredited testing and documented risk management, and creates recurring compliance tasks and fees for a range of service providers.  The mechanical effects are clear in the text: who must test, how often, who must report, who may approve or exempt, which standards apply, and what fees and penalties follow non‑compliance (see especially ss 11, 12, 17–19, 28–29, 37, 42–43, 55, Schedule 1, Schedules 5–6)."},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based solely on the metadata provided, there is no information available to assess whether the regulation's scope has changed from its original intent. The multiple amendments since August 2022 could indicate scope changes, but the actual regulatory content was not included in the supplied text."},"complexity_factors":["Only metadata and status information was provided — no substantive regulatory content is present in the supplied text, making full analysis impossible","Multiple amendments across 7 versions since 2022 suggest layered changes that would require cross-referencing to fully understand","The regulation operates beneath the Public Health Act 2010, meaning readers must understand both the Act and the regulation to get the full picture","Automatic repeal mechanism under the Subordinate Legislation Act 1989 adds a temporal dimension that users must track","Complexity score kept low because insufficient content was provided to identify genuinely complex legal structures"],"plain_english_summary":"## Public Health Regulation 2022 (NSW)\n\n**What is this?**\nThis is a NSW government regulation (a legally binding rule made under the *Public Health Act 2010*) that sits beneath that Act and fills in the operational details of how public health rules work in New South Wales.\n\n**What does it actually do?**\nUnfortunately, the document provided contains only the **metadata and status information** for the regulation — things like version history, when it was last updated, and when it expires — rather than the actual content of the rules themselves. So a full assessment of *what specific rules* this regulation contains is not possible from this text alone.\n\n**What we do know:**\n- It has been **updated multiple times** since it first came into force in August 2022, with at least 7 different versions, suggesting the government has been actively adjusting public health rules over time.\n- It is scheduled to be **automatically repealed (cancelled) on 1 September 2027** under the *Subordinate Legislation Act 1989* — meaning it has a built-in expiry date unless renewed.\n- It is a **NSW-specific** regulation, so it applies to people in New South Wales only.\n\n**Who does it affect?**\nBased on its parent Act (the *Public Health Act 2010*), this regulation likely affects:\n- **Individuals** in relation to infectious diseases, health orders, or quarantine requirements\n- **Businesses** such as healthcare providers, food businesses, or venues with public health obligations\n- **Government health agencies** administering public health programs\n\n**Why does it matter?**\nPublic health regulations can carry significant consequences — including fines or directions to isolate — so understanding exactly what this regulation requires is important for anyone operating in NSW."},"kimi_summary":{"_metrics":{"completionTokens":717},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":false,"description":"The Regulation appears consistent with its original purpose as a comprehensive public health regulation. The 2022 version replaces the 2012 regulation with updated standards and references, but maintains the same broad scope covering Legionella control, swimming pools, skin penetration, drinking water, disease notification, and body disposal. Recent amendments (2025) update technical standards (sharps containers, sterilisation) without expanding scope."},"complexity_factors":["Extensive cross-referencing to Australian Standards (AS/NZS 3666 series, AS 5369:2023, AS 23907:2023) and external documents like the Australian Drinking Water Guidelines","47 defined terms in Schedule 7 Dictionary, many with nested definitions","Multiple conditional exemptions and exceptions (e.g., dwellings exempt from Legionella rules, thermal power stations with alternative protocols, various cremation exemptions)","Nested numbering up to 5 levels deep (section 52(3)(e)(ii))","Time-based fee schedules with annual indexation in Schedule 5","Overlapping regulatory frameworks — references to Commonwealth aged care legislation, other NSW Acts, and interstate laws","Dual codes of conduct (Schedules 3 and 4) with 16 and 10 sections respectively, applying to different entities","Multiple approval and notification pathways requiring Secretary, local government authority or medical referee involvement"],"plain_english_summary":"This Regulation sets out detailed rules for protecting public health in New South Wales across multiple areas. It covers:\n\n**Legionella control** — Rules for managing air-handling, hot water, humidifying, warm-water and cooling water systems to prevent Legionella bacteria growth. This includes installation standards, maintenance requirements, risk assessments, and mandatory testing. Cooling water systems need unique ID numbers on towers, monthly testing, and strict record-keeping.\n\n**Public swimming pools and spa pools** — Operating requirements including temperature limits, disinfection levels (chlorine or bromine), pH levels, and daily testing. The Secretary can close pools that pose health risks.\n\n**Skin penetration procedures** — Hygiene and safety rules for businesses doing tattooing, piercing, colonic lavage and similar services. Covers premises requirements (hand basins, sterilisation equipment), single-use needles, protective clothing, and proper disposal of sharps and waste.\n\n**Drinking water safety** — Quality assurance program (QAP) requirements for water suppliers, including large utilities, private suppliers and water carters. Details what must be included in management plans, risk assessments, monitoring, and record-keeping.\n\n**Scheduled medical conditions** — Notification requirements for diseases that must be reported to health authorities, including specific forms and timeframes. Also covers public health orders for people with certain infectious diseases.\n\n**Disease control** — Information requirements for patients with sexually transmitted infections, immunisation rules for children in childcare and schools, and infection control in correctional centres.\n\n**Body disposal** — Comprehensive rules for mortuaries, funeral directors and crematoriums covering storage, embalming, transport, burial and cremation. Includes special requirements for bodies with infectious diseases and procedures for exhumation.\n\n**Codes of conduct** — Ethical and professional standards for non-registered health practitioners (like naturopaths and massage therapists) and health organisations.\n\nThe Regulation also sets fees for various applications and notifications, and lists offences that can be dealt with by penalty notices."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/public-health-regulation-2022","history":"/api/acts/public-health-regulation-2022/history","analysis":"/api/acts/public-health-regulation-2022/analysis","conflicts":"/api/acts/public-health-regulation-2022/conflicts","importantCases":"/api/acts/public-health-regulation-2022/important-cases","documents":"/api/acts/public-health-regulation-2022/documents"}}