National Health Security (Responsible Bodies) Determination 2008

The primary class of persons and entities affected are the bodies themselves. Each listed department, agency, or authority becomes the designated point of contact for matters arising under the Act. Their officers and employees must be aware that they hold responsibilities under the Act. For example, an officer of Services Australia (listed at item 117) who receives information under the Act must know that Services Australia is a responsible body and therefore may be required to act or share that information in accordance with the Act. The determination also affects any person or organisation that must deal with a responsible body under the Act. That could include private laboratories holding security-sensitive biological agents, hospitals, universities, transport operators, pharmaceutical companies, or individuals subject to a public health order. Such persons need to know which body is the correct authority to report to or seek approvals from. For instance, a pathology laboratory in Western Australia would need to identify whether the relevant responsible body is PathWest (item 506) or another entity like the WA Department of Health (now subsumed under multiple specific bodies). Incorrectly reporting to a non-listed body could mean non-compliance with the Act. The determination also affects other government agencies not listed: they are not responsible bodies and therefore cannot exercise powers or assume functions that the Act reserves to responsible bodies. Intergovernmental relations are affected because the list defines which state authorities the Commonwealth must coordinate with. The 2025 amendment adding the Australian Centre for Disease Control (item 103) indicates that entity will now play a role in health security. Legal practitioners advising clients on compliance with the National Health Security Act must check this determination to identify the correct responsible body. Journalists and researchers analysing health security governance must consider this list as definitive.

The determination itself does not create any duties or rights. It is a definitional instrument only. However, by designating certain bodies as responsible bodies, it activates whatever duties and rights the National Health Security Act 2007 attaches to that status. Without access to the Act, one cannot precisely enumerate those duties and rights, but reasonable inferences can be drawn from the nature of the listed bodies. The Act likely imposes duties on responsible bodies to: receive and assess reports of security-sensitive biological agents; maintain registers; issue licences or permits; respond to public health emergencies; share information with other responsible bodies; and cooperate in national health security planning. Rights likely include the power to: request information from persons; enter premises; issue directions; disclose information to other responsible bodies; and request assistance from law enforcement or defence agencies. For example, the inclusion of the Australian Federal Police and the Australian Security Intelligence Organisation suggests that the Act may confer powers on these bodies to investigate or respond to security threats relating to biological agents. The inclusion of the Therapeutic Goods Administration indicates regulatory oversight of medical countermeasures. The involvement of the Department of Foreign Affairs and Trade suggests rights and duties concerning international obligations (e.g., International Health Regulations). For practitioners, the key point is that the determination is a gateway: once a body is on the list, the Act’s provisions concerning responsible bodies apply to it. There is no right for a body to be removed or added except by amendment to this determination. The amendment history shows the process has been used twice to reflect machinery-of-government changes. There is no provision for private parties to be listed.

This determination contains no penalty provisions. The penalty provisions, if any, are in the National Health Security Act 2007 and are not part of this instrument. The endnotes show no history of enforcement actions relating to this determination. However, because the determination defines responsible bodies, any contravention of the Act that turns on the identity of the responsible body could have consequences. For example, if a person fails to report to the correct responsible body, that failure may attract a penalty under the Act. Conversely, if a body acts as if it were a responsible body but is not listed, its actions may be ultra vires and could expose it or its officers to legal challenge or liability. The determination itself is subject to parliamentary scrutiny as a legislative instrument. Under the Legislation Act 2003, it is a disallowable instrument. Any amendment is also subject to scrutiny. There is no indication of any disallowance motions. Enforcement of the Act would be the responsibility of the bodies listed (e.g., the Australian Federal Police or the Commonwealth Director of Public Prosecutions). The determination being a compilation, it includes editorial changes that must not change the effect. The notes state that editorial changes take effect from the compilation registration date, but again no penalty attaches.

This determination is made under and interacts directly with the National Health Security Act 2007. It gives meaning to the term “responsible Commonwealth, State or Territory body” as used in that Act. It therefore interacts with every provision of the Act that uses that term. The determination itself does not override any other law, but the Act may. The list includes bodies that have functions under other Commonwealth laws, such as the Biosecurity Act 2015 (Department of Agriculture, Fisheries and Forestry; Australian Border Force), the Criminal Code (Australian Federal Police), the Australian Security Intelligence Organisation Act 1979 (ASIO), the National Health Act 1953 (Services Australia), and the Therapeutic Goods Act 1989 (Therapeutic Goods Administration). The inclusion of Food Standards Australia New Zealand suggests interaction with the Food Standards Australia New Zealand Act 1991. The inclusion of the Australian Radiation Protection and Nuclear Safety Agency indicates interaction with the Australian Radiation Protection and Nuclear Safety Act 1998. The National Emergency Management Agency, added in 2025, connects with the National Emergency Management Act 2022 or similar state laws. State and territory laws that deal with public health (e.g., Public Health Acts) will interact with the responsible bodies listed for each jurisdiction. For example, the Victorian Department of Health is also the responsible body under Victorian public health legislation, so coordination will be necessary. The determination does not incorporate any of those laws, but it creates a nexus. The amendment history shows that the list is updated to reflect administrative changes, ensuring alignment with the Administrative Arrangements Order and machinery-of-government changes. For instance, the renaming of the Commonwealth Department of Health to Department of Health, Disability and Ageing in 2025 reflects the Administrative Arrangements Order of that time.

The instrument has a concise amendment history. It was originally made on 27 March 2008 as F2008L00804 and commenced on 28 March 2008. The first amendment was the National Health Security (Responsible Bodies) Amendment Determination 2020 (F2020L00372), registered 31 March 2020 and commenced 1 April 2020. That amendment replaced Schedule 1 in its entirety. Before 2020, Schedule 1 contained a Part 10, which was repealed by that amendment. The 2020 amendment also replaced Parts 1 to 9 (each was marked “rs F2020L00372”). The second amendment was the National Health Security (Responsible Bodies) Amendment Determination 2025 (F2025L01558), registered 17 December 2025 and commenced 1 January 2026. That amendment replaced Part 1 (Commonwealth bodies) entirely, amended Part 3 (Victoria) by replacing the entry (the previous entity was “Department of Health and Human Services” changed to “Department of Health”), and amended Part 8 (ACT) by replacing the entries (previously the ACT Health Directorate was listed; the 2025 amendment lists two separate bodies: Health and Community Services Directorate and Canberra Health Services). The compilation notes show that section 2 (commencement) was repealed by operation of law (LA s 48D). The 2025 amendment did not make any changes to Parts 2, 4, 5, 6, 7, or 9. The amendment history shows only these two amending instruments. There are no uncommenced amendments. The compilation date is 1 January 2026. The instrument has been through two parliament cycles, but no disallowance has occurred.

There is no reference to any litigation in the determination or its endnotes. No cases are named. The determination is a subordinate legislative instrument that merely lists bodies; it is unlikely to have been directly challenged in court. It is possible that the National Health Security Act 2007 has been litigated, but that is not part of this source. Any litigation involving this determination would likely concern whether a particular body was correctly or incorrectly listed, or whether a body acted beyond its authority by claiming to be a responsible body when not listed. No such reported cases are known from the materials provided. The amendment history shows that changes have been made by ministerial amendment, not by court order. Practitioners should search for any judicial consideration of the underlying Act, but for this determination itself there is no litigation history to report from the source.

Several aspects of this determination could cause confusion or error. First, the Western Australia listing in Part 5 contains an apparent typographical anomaly. Item numbers are listed as “501502” with the description “Child and Adolescent Health ServiceDepartment of Health”. There is no space between “Service” and “Department”. It is ambiguous whether this is a single merged entry or two separate entries (items 501 and 502) that have been concatenated in the compilation. The other WA entries are individually numbered 503 to 509, so it is likely that items 501 and 502 were intended to list “Child and Adolescent Health Service” and “Department of Health” separately, but the compilation text presents them as one line. Practitioners should check the original registered instrument (F2025L01558) to resolve this. If the compilation is authoritative, then “Child and Adolescent Health ServiceDepartment of Health” is the name of the responsible body, which seems nonsensical. This is a trap. Second, the Victorian entry was changed by the 2025 amendment from “Department of Health and Human Services” to “Department of Health”. Anyone relying on a pre-2026 version will identify the wrong body. Third, the Australian Centre for Disease Control (item 103) was added in 2025; as a new agency, its operational capacity and contact details may not yet be settled. Fourth, the determination does not define “responsible”; the Act does that. A body may be listed but have limited responsibilities under the Act. Do not assume that all listed bodies have the same functions. Fifth, the list is exclusive. If a person unknowingly reports to a non-listed body (e.g., a local public health unit that is not separately listed), they may not have discharged their obligations under the Act. Sixth, the instrument is a compilation that may include editorial or presentational changes made by the Office of Parliamentary Counsel. Those changes must not alter effect, but a practitioner relying on the compilation should be aware that the exact wording may differ from the registered version. Seventh, the determination has no transitional provisions; if an amendment changes the responsible body for a state, it is unclear whether ongoing matters transfer automatically. The Act may contain transitional provisions, but this determination does not.

Compliance with this determination as such requires only that you correctly identify the responsible body for your purposes under the National Health Security Act 2007. The steps are: (1) Obtain the current compilation of this determination (as at 1 January 2026). (2) Determine which jurisdiction is relevant (Commonwealth, state, or territory). (3) For Commonwealth matters, consult Part 1 and identify which of the 18 bodies is appropriate for the specific subject matter. For example, matters involving border security may involve the Australian Border Force (item 102) or the Department of Home Affairs (item 111); matters involving biological agents may involve the Department of Health, Disability and Ageing (item 110) or the Australian Centre for Disease Control (item 103); matters involving law enforcement may involve the Australian Federal Police (item 104) or ASIO (item 106). (4) For state matters, consult the relevant part. In most states, the responsible body is a single department. However, in Western Australia, you must choose among nine entities. For instance, if the matter involves a public hospital, the relevant body may be the metropolitan health service (items 503, 505, 508) or WA Country Health Service (item 509); if it involves a laboratory, PathWest (item 506); if it involves a specialised centre, Quadriplegic Centre (item 507). For the ACT, you must choose between the Health and Community Services Directorate (item 801) and Canberra Health Services (item 802). (5) Ensure that any reporting, permission seeking, or information sharing is directed to the correct body. (6) Maintain awareness of future amendments; check the Register for any new determinations. (7) If in doubt, contact the Commonwealth Department of Health, Disability and Ageing as the lead health body for guidance. (8) For legal practitioners, include this determination in your compliance checklist for any client dealing with matters under the National Health Security Act. The determination itself imposes no record-keeping or reporting obligations; those come from the Act. However, documenting which body was contacted and when may be prudent to demonstrate compliance.