5Definitions

#### 5 Definitions 5 Definitions > > (1) In this Act— > > > > approved form means a form approved for the time being by the Secretary. > > > > area means— > > > > > (a) in relation to a council within the meaning of the [Local Government Act 1993](/view/html/inforce/current/act-1993-030), the area for which the council is constituted by that Act, or > > > > > (b) in relation to a person appointed under section 5A, the part of the Western Division that is not within the area of a council, or > > > > > (c) in relation to the Lord Howe Island Board, Lord Howe Island. > > > > authorised officer means a person who is appointed as an authorised officer under section 126. > > > > chief executive officer of a hospital means the person responsible for the day to day administration of the affairs of the hospital. > > > > Chief Health Officer means the Chief Health Officer of the Department. > > > > Department means the Ministry of Health. > > > > drinking water—see section 13. > > > > exercise a function includes perform a duty. > > > > function includes a power, authority or duty. > > > > health practitioner has the same meaning as it has in the [Health Care Complaints Act 1993](/view/html/inforce/current/act-1993-105). > > > > health service has the same meaning as it has in the [Health Care Complaints Act 1993](/view/html/inforce/current/act-1993-105). > > > > hospital means— > > > > > (a) a public hospital within the meaning of the [Health Services Act 1997](/view/html/inforce/current/act-1997-154), or > > > > > (b) a declared mental health facility within the meaning of the [Mental Health Act 2007](/view/html/inforce/current/act-2007-008), or > > > > > (c) a private health facility within the meaning of the [Private Health Facilities Act 2007](/view/html/inforce/current/act-2007-009), or > > > > > (d) a nursing home, or > > > > > (e) any other institution declared by the regulations to be a hospital for the purposes of this definition. > > > > improvement notice means a notice under section 42. > > > > International Statistical Classification of Diseases and Related Health Problems means the document published under that title by the World Health Organization, Geneva, as in force from time to time. > > > > local government authority means— > > > > > (a) a council within the meaning of the [Local Government Act 1993](/view/html/inforce/current/act-1993-030), or > > > > > (b) the person appointed under section 5A, or > > > > > (c) the Lord Howe Island Board. > > > > member of the NSW Health Service has the same meaning as it has in the [Health Services Act 1997](/view/html/inforce/current/act-1997-154). > > > > notifiable disease means a medical condition listed in Schedule 2. > > > > nursing home means a facility at which residential care (within the meaning of the [Aged Care Act 1997](http://www.legislation.gov.au/) of the Commonwealth) is provided, being— > > > > > (a) a facility at which that care is provided in relation to an allocated place (within the meaning of that Act) that requires a high level of residential care (within the meaning of that Act), or > > > > > (b) a facility that belongs to a class of facilities prescribed by the regulations. > > > > occupier of premises or a part of premises (including premises that are vacant) means— > > > > > (a) the owner of the premises or part, or > > > > > (b) if any other person is entitled to occupy the premises or part to the exclusion of the owner, the person so entitled, or > > > > > (c) for the purposes of Divisions 2 and 5 of Part 3—if an air-handling system or a cooling water system is installed on premises that are subdivided into a strata scheme (within the meaning of the [Strata Schemes Management Act 2015](/view/html/inforce/current/act-2015-050)), the owners corporation constituted under that Act for the scheme. > > > > premises includes any land, temporary structure, vehicle or vessel. > > > > professional council has the same meaning as it has in the [Health Care Complaints Act 1993](/view/html/inforce/current/act-1993-105). > > > > prohibition order means an order under section 45. > > > > public authority means an incorporated or unincorporated body constituted by or under an Act for a public purpose. > > > > public health officer means a public health officer appointed under section 121. > > > > public health order means a public health order referred to in section 62. > > > > public health organisation has the same meaning as it has in the [Health Services Act 1997](/view/html/inforce/current/act-1997-154). > > > > public place means a place (including a place in any vehicle or vessel) that the public, or a section of the public, is entitled to use or that is open to, or is used by, the public or a section of the public (whether on payment of money, by virtue of membership of a club or other body, or otherwise). > > > > registered health practitioner has the same meaning as it has in the [Health Practitioner Regulation National Law (NSW)](/view/html/inforce/current/act-2009-86a). > > > > registration authority has the same meaning as it has in the [Health Care Complaints Act 1993](/view/html/inforce/current/act-1993-105). > > > > regulated system—see section 26. > > > > relevant health organisation has the same meaning as it has in the [Health Care Complaints Act 1993](/view/html/inforce/current/act-1993-105). > > > > scheduled medical condition means any medical condition listed in Schedule 1. > > > > Secretary means the Secretary of the Ministry of Health. > > > > skin penetration procedure means any procedure (whether medical or not) that involves skin penetration (such as acupuncture, tattooing, ear piercing or hair removal or the penetration of a mucous membrane), and includes any procedure declared by the regulations to be a skin penetration procedure, but does not include— > > > > > (a) any procedure carried out by a registered health practitioner, or by a person acting under the direction or supervision of a registered health practitioner, in the course of providing a health service, or > > > > > (b) any procedure declared by the regulations not to be a skin penetration procedure. > > > > supplier of drinking water means any of the following— > > > > > (a) Sydney Water Corporation, > > > > > (b) Hunter Water Corporation, > > > > > (c) a water supply authority within the meaning of the [Water Management Act 2000](/view/html/inforce/current/act-2000-092), > > > > > (d) a local council or a county council exercising water supply functions under Division 2 of Part 3 of Chapter 6 of the [Local Government Act 1993](/view/html/inforce/current/act-1993-030), > > > > > (e) the Lord Howe Island Board, > > > > > (f) a licensed operator or licensed retailer within the meaning of the [Water Industry Competition Act 2006](/view/html/inforce/current/act-2006-104), > > > > > (g) any person who treats or supplies water on behalf of a person referred to in any of the preceding paragraphs, > > > > > (h) any person who supplies drinking water in the course of a commercial undertaking (other than that of supplying bottled or packaged drinking water), being a person who has not received the water— > > > > > > > (i) from a person referred to in any of the preceding paragraphs, or > > > > > > > (ii) in the form of bottled or packaged water, > > > > > (i) any person who receives water from a person referred to in this definition and who supplies drinking water from a water carting vehicle in the course of a commercial undertaking. > > > > temporary structure includes a booth, tent or other temporary enclosure (whether or not part of the booth, tent or enclosure is permanent), and also includes a mobile structure. > > > > Western Division means that part of the State that is the Western Division within the meaning of the [Crown Land Management Act 2016](/view/html/inforce/current/act-2016-058). > > > > Note. > > > > The [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contains definitions and other provisions that affect the interpretation and application of this Act. > > > (2) Notes included in this Act do not form part of this Act. > > > > Note. > > > > For the purposes of comparison, a number of provisions of this Act contain bracketed notes in headings, drawing attention (“cf”) to equivalent or comparable (though not necessarily identical) provisions of the previous public health legislation. Abbreviations used include 1991 Act (the [Public Health Act 1991](/view/html/repealed/current/act-1991-010)), Microbial Control Reg (the [Public Health (Microbial Control) Regulation 2000](/view/html/repealed/current/sl-2000-0498)), Swimming Pools Reg (the [Public Health (Swimming Pools and Spa Pools) Regulation 2000](/view/html/repealed/current/sl-2000-0500)), and Skin Penetration Reg (the [Public Health (Skin Penetration) Regulation 2000](/view/html/repealed/current/sl-2000-0499)). > > **s 5:** Am 2015 No 38, Sch 4 \[2\] \[3\]; 2017 No 17, Sch 4.80 \[1\]–\[3\]; 2017 No 43, Sch 1 \[4\]–\[6\]; 2017 No 50, Sch 5.28 \[1\] \[2\]; 2018 No 25, Sch 1.20 \[1\]; 2020 No 32, Sch 6\[1\]; 2021 No 26, Sch 2.12.