Public Health Regulation 2018

The Regulation introduces several key concepts. ACM (asbestos-containing material) includes any material, object, product or debris containing asbestos. Bonded ACM is ACM that contains a bonding compound reinforced with asbestos fibres, such as asbestos cement pipes and sheets. Friable ACM is ACM that, when dry, can be crumbled, pulverised or reduced to powder by hand pressure. Prescribed work means breaking, cleaning, cutting, maintaining, removing, repairing, storing, using ACM in a non-workplace area, or separating associated asbestos waste from other waste. Non-workplace area is defined as a place other than a workplace under the Work Health and Safety Act 2011. Associated asbestos waste includes ACM removed from a non-workplace area (except samples for scientific testing) and disposable items contaminated with ACM, such as personal protective equipment and plastic sheeting. Remove includes moving ACM from the position where it was installed immediately before 18 June 2007.

For mosquitoes, a relevant person for a place is the occupier, or if unoccupied, the owner. A relevant tank is a tank or other receptacle used or intended to hold water or another liquid in which mosquitoes can breed, such as a rainwater tank. Breeding ground means a place where mosquito eggs, larvae or pupae are present. The mosquito-proofing requirements for a relevant tank are that each opening must have either a screen made of brass, copper, aluminium or stainless steel gauze with a mesh size of not more than 1mm, installed in a way that does not cause or accelerate corrosion, and that stops mosquitoes passing through, or a flap valve that stops mosquitoes when closed.

For rats and mice, a relevant structure includes a building, drain, pipe connected to a building, retaining wall, and wharf. For notifiable conditions, the Regulation classifies conditions into five types: clinical diagnosis notifiable condition, pathological diagnosis notifiable condition, pathology request notifiable condition, provisional diagnosis notifiable condition, and controlled notifiable condition. For water quality, class A+ recycled water must meet specific microbial criteria: at least 95% of samples over a rolling 12-month period must contain less than 1 cfu/100mL or MPN/100mL for Clostridium perfringens spores and Escherichia coli, and less than 1 pfu/100mL for F-specific RNA coliphages and somatic coliphages. Classes A, B, C and D recycled water have progressively higher allowable E. coli levels. ADWG parameter refers to a parameter with a guideline value for health in the physical and chemical guideline table from the Australian Drinking Water Guidelines. Resample means a sample taken because an earlier sample did not meet quality requirements under the management plan.

The Regulation has a broad reach. It affects homeowners and occupiers who may encounter asbestos in non-workplace areas such as domestic garages, sheds, fences, or roofs. Any person who carries out prescribed work on ACM in a non-workplace area is subject to duties, including the requirement to hold a certificate for removing more than 10m² of bonded ACM or a class A asbestos removal licence for friable ACM. Tradespeople such as builders, plumbers, electricians, and roofers who may disturb ACM during maintenance or renovations are directly affected by the prohibitions on using power tools, high pressure water, or compressed air to clean or cut ACM. Local governments are charged with administering and enforcing the asbestos, mosquito, and rat and mouse divisions. Property owners and occupiers of land around dwellings must ensure that rats and mice are not harboured and that land is not a breeding ground for them. Owners of relevant structures such as buildings and drains must take reasonable steps to stop rodents entering. Persons who keep rats or mice as pets, in laboratories, or for sale or as food for other animals must keep them in an escape-proof enclosure.

Water service providers that supply drinking water or recycled water must comply with testing frequencies and quality standards. Recycled water providers and scheme managers must assess and report risks if water fails to meet prescribed standards. Health care facilities are affected by the exemption provisions: local government-owned facilities that perform immunisation services and have occupational exposure and sharps disposal policies are exempt from infection control management plan requirements, as are facilities accredited against the Royal Australian College of General Practitioners standards. Medical practitioners, pathologists, and directors of pathology laboratories must notify the chief executive of notifiable conditions within specified timeframes (immediately for schedule 2 conditions, within 48 hours for others). Specialist medical practitioners in occupational and environmental medicine or respiratory and sleep medicine are prescribed for notifiable occupational respiratory disease reporting. Schools, education and care services, and QEC approved services are affected by the contagious and vaccine preventable condition provisions, as are parents of children who may be excluded. The cosmetic procedures provisions affect practitioners performing procedures on children; certain procedures such as skin tag removal, otoplasty, circumcision, and correction of disfiguring scarring are excluded from the definition of cosmetic procedure. The quarantine fees for COVID-19 apply to adults and children required to quarantine, with a sliding scale for meals and accommodation.

The Regulation imposes numerous duties. For asbestos, a person must not remove friable ACM in a non-workplace area unless they hold a class A asbestos removal licence under the Work Health and Safety Regulation 2011 (section 7). A person must not remove more than 10m² of bonded ACM unless they hold a current certificate obtained through chief executive-approved training or an interactive online course (section 8). If more than one person is removing the bonded ACM, each person must hold a certificate. The use of a power tool or device attached to a power tool to cut or clean ACM is prohibited, as is using a high pressure water process or compressed air to clean ACM or surfaces where ACM is present (section 9). A battery powered drill operating at less than 650rpm is not a power tool for this prohibition. If bonded ACM is broken during prescribed work and is not being removed, the person must seal the broken surface (section 10). A person carrying out prescribed work must take reasonable measures to minimise the risk of asbestos fibres being released and the hazard to health (section 11). The Regulation gives a non-exhaustive list of reasonable measures including spraying water or PVA glue, using vacuum cleaning equipment complying with AS/NZS 60335.2.69, cleaning contaminated equipment, using a wet cloth, ensuring ACM is not broken or abraded, wearing personal protective equipment, and collecting waste separately. Associated asbestos waste must be packaged and disposed of as soon as practicable but within five business days. Packaging must be double wrapped in plastic sheeting at least 0.2mm thick sealed with adhesive tape, or double bagged in bags of specified dimensions, labelled with a warning, and disposed of at a local government-approved site (section 12). Selling or giving away ACM removed from a non-workplace area is prohibited (section 13).

For mosquitoes, a relevant person for a place must ensure that accumulated water is not a breeding ground (section 17). It is a defence to prove that the defendant took all reasonable steps. A person must not construct or install a relevant tank unless it complies with mosquito-proofing requirements (section 18). The person responsible for the place must maintain the tank so it continues to comply. It is an offence to destroy, damage or remove a mosquito-proof screen or flap valve unless for maintenance with immediate replacement (section 19).

For rats and mice, an owner of a relevant structure must take reasonable steps to stop them entering (section 23). Reasonable steps may include sealing holes, covering gaps, fitting covers on pipes, or removing disused pipes. It is an offence to destroy, damage or remove a screen or other object fixed to stop rodents, except for maintenance with immediate replacement (section 24). A relevant person for land around a dwelling must ensure rats or mice are not harboured and the land is not a breeding ground (section 25). A defence of reasonable steps is available. Persons keeping rats or mice as pets, in laboratories, for sale, or as food for other animals must keep them in an enclosure from which they cannot escape (section 26). This does not limit local laws.

For notifiable conditions, notice must be given by fax, email or other electronic means. Conditions listed in schedule 2 must be notified immediately; others within 48 hours (section 32). For water risk management plans, the plan must identify the person responsible for compliance with sections 61H and 61I of the Act (section 29). The reporting period for the plan is the shorter of a quarter or a period stated in a notice from the chief executive (section 30). For health care facilities, those prescribed by section 34 are not required to have an infection control management plan under sections 153 or 154 of the Act.

The Regulation creates offences with maximum penalties expressed in penalty units. For asbestos-related offences, the maximum penalty is 100 penalty units. This applies to: removing friable ACM without a class A licence (section 7); removing more than 10m² of bonded ACM without a certificate (section 8); using a power tool, high pressure water or compressed air to cut or clean ACM (section 9); failing to seal broken bonded ACM (section 10); failing to take reasonable measures to minimise asbestos fibre release (section 11); failing to package and dispose of waste within five business days (section 12); and selling or giving away ACM (section 13). For mosquitoes, the maximum penalty is 40 penalty units for: failing to ensure water is not a breeding ground (section 17); constructing or installing a non-compliant tank (section 18); failing to maintain a tank (section 18); and damaging a mosquito-proof screen or flap valve (section 19). For rats and mice, the maximum penalty is 40 penalty units for: failing to take reasonable steps to stop rodents entering a relevant structure (section 23); damaging a screen or other rodent deterrent (section 24); failing to prevent harbouring or breeding on land around a dwelling (section 25); and keeping a rat or mouse without an escape-proof enclosure (section 26). The COVID-19 quarantine fee provisions (section 61A) do not impose penalties but prescribe fees: $165 per night for accommodation and $65 per day for meals for adults, with reduced rates for children and no meal fee for children under 3. Shared accommodation attracts a single accommodation fee.

Enforcement responsibility is allocated across divisions. The asbestos division (part 2 division 1) is to be administered and enforced by local governments only (section 6). The mosquito division (part 2 division 2) is also administered and enforced by local governments only (section 16). The rat and mouse division (part 2 division 3) is likewise enforced only by local governments (section 22). The invasive procedures public health risk (section 27) is administered and enforced by the State only. The prescribed place for unlawful drug production (section 27A) is administered and enforced by local governments only. For the notifiable occupational respiratory disease provisions, enforcement arrangements are not specified in the Regulation but would follow the Act.

Defences are available in some sections. For the mosquito breeding ground offence, the defendant has a defence if they prove they took all reasonable steps to comply (section 17(3)). Similarly, for the rat and mouse harbouring and breeding offence on land around a dwelling, the defendant may prove they took all reasonable steps (section 25(2)). For damage to screens or other objects, a person who removes the screen to carry out maintenance is not liable if the screen or object is replaced immediately after maintenance is finished (sections 19(2) and 24(2)). The Regulation does not contain specific penalty provisions for water quality offences; those would be found in the Act or the Water Supply (Safety and Reliability) Act 2008.

The Regulation operates within a broader legislative framework. It is made under the Public Health Act 2005 and frequently references that Act, for example by prescribing matters for sections 11, 18, 61, 61A, 61D, 61I, 64, 70-73, 84, 153, 154, 158, 160, 213A, 213AD, 217, 225, 226, 228F, 228O, 229, 232, 234, 234A-234D, 244, 279AA-279AB, 279AI, 333, 362MC, 454G, and schedule 2. The Work Health and Safety Act 2011 and its Regulation are relevant because the asbestos division applies only to non-workplace areas; workplaces are regulated under work health and safety laws. Section 7 of the Regulation requires a person removing friable ACM in a non-workplace area to hold a class A asbestos removal licence under the Work Health and Safety Regulation 2011, thereby incorporating that licensing regime by reference. The Water Supply (Safety and Reliability) Act 2008 is heavily referenced in part 9: definitions of approved drinking water quality management plan, approved recycled water management plan, drinking water service, recycled water, recycled water scheme, water quality criteria, and dual reticulation system all come from that Act. The Regulation prescribes standards for water quality that become part of the water quality criteria under that Act. The Drugs Misuse Act 1986 section 4 defines "dangerous drug" for the purpose of section 27A, which prescribes places used for unlawful drug production as a public health risk. The Police Powers and Responsibilities Act 2000 is referenced as the source of authority for seizure of chemicals or equipment. The Health Practitioner Regulation National Law is relevant for prescribed medical practitioners in the occupational respiratory disease division (section 49A). The Therapeutic Goods Act 1989 (Cwlth) section 52A defines "current Poisons Standard" for the prescribed paint standard (section 60). The Hospital and Health Boards Act 2011 section 17 establishes the Metro South Hospital and Health Service as the prescribed person for keeping the cancer register (section 46). The National Health Reform Act 2011 (Cwlth) section 8 establishes the Australian Commission on Safety and Quality in Health Care, which is referenced in the infection control exemption provisions (section 34). The Ambulance Service Act 1991, Fire Services Act 1990, and Transport Operations (Marine Safety) Act 1994 are referenced for emergency officers (section 61). The Regulation also notes that its rat and mouse keeping requirements do not limit a local law about keeping rats or mice (section 26(3)). The COVID-19 quarantine fees provision (section 61A) was inserted by the Public Health (COVID-19) and Other Legislation Amendment Regulation 2020 and interacts with the Act's COVID-19 emergency powers.

The Regulation commenced on 1 September 2018. Since then, several amendments have been made. Section 27A was inserted by 2019 SL No. 35 section 5, prescribing a place used for unlawful drug production as a public health risk. Section 45 (non-notifiable types of skin cancer) was amended by 2025 SL No. 25 section 10. Section 47 (prescribed periods for cancer notifications) was substituted by 2025 SL No. 25 section 11. Section 49 was omitted by 2020 Act No. 31 section 41 schedule 1. Section 49A (prescribed medical practitioners) was inserted by 2019 SL No. 117 section 14 and substituted by 2025 Act No. 21 section 49. Section 49B (prescribed period for notifiable occupational respiratory disease) was inserted by 2019 SL No. 117 and substituted by 2025 Act No. 21. Section 49C (notifiable occupational respiratory diseases) was inserted by 2019 SL No. 117 and substituted by 2025 Act No. 21. Section 49D (prescribed agreement) was inserted by 2022 SL No. 87 section 12 and substituted by 2025 Act No. 21. Section 60 (paint) was substituted by 2019 SL No. 117 section 15. Section 61 (emergency officers) was substituted by 2020 SL No. 37 section 5 and amended by 2020 SL No. 48 section 3 and 2024 Act No. 22 section 92 schedule 1. Section 61A (COVID-19 quarantine fees) was inserted by 2020 Act No. 19 section 144 and amended by 2021 SL No. 17 section 3 and 2021 SL No. 82 section 4. Section 63A was inserted by 2022 SL No. 170 section 16 and expired on 31 October 2023 on the expiry of section 142A of the Act. Section 71 (references to 2019-nCoV) was inserted by 2020 SL No. 37 section 7. Section 41A (disclosure of confidential information for health services) was inserted by 2024 SL No. 92 section 13. The transitional provisions in part 11 division 1 facilitated the move from the expired 2005 Regulation, including carry-over of certificates for bonded ACM removal, notices about reporting periods, and use of water samples taken before commencement. Division 2 provided a transitional provision for references to 2019-nCoV to be taken as references to COVID-19.

The source text of the Regulation does not contain any reference to court cases, litigation, or judicial interpretation. As a relatively recent regulation (commenced 2018), it has not yet generated a substantial body of case law. The Regulation creates strict liability offences with defences such as "reasonable steps" for mosquito and rat and mouse offences, which could give rise to litigation over what constitutes reasonable steps in particular circumstances. The asbestos provisions may be enforced by local governments, and prosecutions could test the interpretation of terms such as "prescribed work", "non-workplace area", and whether a particular activity falls within the prohibitions on using power tools. The definition of "power tool" excludes a battery powered drill operating at less than 650rpm, which may be litigated if a person uses a drill at or above that speed. The mosquito-proofing requirements for tanks specify materials that do not cause or accelerate corrosion; disputes could arise over whether a particular installation meets this standard. The defence for removing screens for maintenance requires immediate replacement; the meaning of "immediately" could be contested. The water quality standards incorporate external documents such as the Australian Drinking Water Guidelines and ISO/IEC 17025; challenges could involve the interpretation of those standards as in force from time to time. The COVID-19 quarantine fee provisions may have been subject to administrative review or challenge, but no cases are mentioned in the Regulation. The transitional provisions preserve existing arrangements and certificates, and any dispute about the validity of a certificate or arrangement would be resolved by reference to those provisions. The Regulation does not provide for any specific right of review or appeal; those would be found in the Act or general administrative law.

Several aspects of the Regulation may catch practitioners off guard. For asbestos, the prohibition on using a power tool to cut or clean ACM applies in non-workplace areas, but a battery powered drill operating at less than 650rpm is excluded. A drill running at 650rpm or above is a power tool and its use is prohibited. The prohibition on compressed air includes using it to clean surfaces where ACM is present, such as brake drums. The duty to take reasonable measures to minimise fibre release is not limited to the listed examples; other measures may be required depending on the circumstances. The packaging and disposal of associated asbestos waste must occur within five business days; there is no extension for weekends or public holidays. The certificate requirement for bonded ACM removal applies to each person removing the ACM, not just the person in charge. If two people are removing the same sheet, both need a certificate. The mosquito-proofing screen must be made of specific metals (brass, copper, aluminium, stainless steel) and installed in a way that does not cause or accelerate corrosion; using a different metal such as galvanised steel or plastic mesh could cause corrosion and is not permitted. The flap valve alternative must stop mosquitoes when closed; a simple lid or cover may not suffice. The maintenance duty for tanks is ongoing; even if the tank was compliant when installed, the relevant person must ensure it continues to comply. Damage to a mosquito-proof screen or flap valve is an offence unless done for maintenance with immediate replacement. "Immediately" means without delay; leaving the screen off for an extended period while maintenance is completed could lead to liability. For rats and mice, the duty on owners of relevant structures is to take "reasonable steps" to stop rodents entering. The examples include sealing holes and fitting covers, but the duty is not limited to those measures. The defence of reasonable steps for the land around a dwelling places the burden of proof on the defendant. The rat and mouse keeping requirement applies even if the animal is kept as a pet; the enclosure must be escape-proof. This does not limit local laws, so a local council may impose stricter requirements. For notifiable conditions, the notice must be given by fax, email or other electronic means; telephone notice is not sufficient unless it is then confirmed by electronic means. The timing differs based on the condition: schedule 2 conditions require immediate notice, while others have 48 hours. The prescribed period starts from the examination, pathological examination, or receipt of the request, not from the time of diagnosis. For water quality, the testing frequencies for drinking water depend on population size; a service that supplies to 1,000 people or less need only sample once a month. However, the management plan may require more frequent testing. The water quality standards for ADWG parameters and radioactivity apply even if the management plan did not require testing for those parameters (sections 52(7), 53(4)). This means a provider could be found in breach of a standard for a parameter they were not required to test, if they happen to test it. The class A+ recycled water standard requires that at least 95% of samples over a rolling 12-month period meet the microbial limits; a single bad sample does not automatically breach the standard, but repeated failures could. The recycled water quality assessment and reporting obligation under section 55 applies even if the management plan did not require testing for the parameter that failed. The cosmetic procedures exemption list is exhaustive; any procedure not listed that is performed on a child for cosmetic reasons may be caught by the Act. The quarantine fees apply per person, but for shared accommodation only one accommodation fee is charged; meals are still charged per person.

Compliance strategies should be tailored to each division. For asbestos work in non-workplace areas, identify whether the ACM is friable or bonded. If friable, engage a person who holds a class A asbestos removal licence under the Work Health and Safety Regulation 2011. If bonded ACM exceeds 10m² in area to be removed, ensure each person removing it holds a current certificate obtained from the chief executive's approved training or the online interactive course. Before starting any prescribed work, plan to avoid using power tools (except a battery drill below 650rpm), high pressure water processes, or compressed air. If bonded ACM is broken during work and not removed, seal the broken surface immediately with paint or PVA glue. During work, take all reasonable measures to minimise fibre release: wet the ACM, use a HEPA vacuum complying with AS/NZS 60335.2.69, clean equipment with wet cloths, wear appropriate personal protective equipment, and keep ACM waste separate. After completion, package all associated asbestos waste within five business days: double wrap in plastic sheeting at least 0.2mm thick and seal with adhesive tape, or double bag in bags no more than 1200mm long by 900mm wide and at least 0.2mm thick. Label the packaging with the prescribed caution wording. Transport the waste to a local government-approved asbestos disposal site. Do not sell or give away removed ACM.

For mosquito control, regularly inspect the property for any accumulation of water in containers, gutters, bromeliads, tyres, car bodies, ponds, sump traps, and similar receptacles. Drain or treat the water to prevent mosquito breeding. For any tank used to hold water, ensure it is constructed and installed with mosquito-proof screens or flap valves at every opening. Screens must be brass, copper, aluminium or stainless steel gauze with mesh size no greater than 1mm, installed to prevent corrosion. Maintain the screens or flap valves in good condition; if they need maintenance, complete the work and replace them immediately. Do not damage or remove screens except for maintenance. Keep records of inspections and maintenance to demonstrate reasonable steps if an offence is alleged.

For rat and mouse control, inspect the exterior of all relevant structures (buildings, drains, pipes, retaining walls, wharves) for holes, gaps, or openings. Seal any holes or gaps with durable materials such as timber, mortar, metal plates, or wire coverings. Fit covers, grates, or plugs on pipes and drains, including disused ones. Consider removing disused pipes or drains that provide rodent access. For land around a dwelling, remove rubbish, overgrown vegetation, and other potential harbourage. Use traps or bait stations as needed but ensure they do not create a risk to children or non-target animals. If keeping rats or mice as pets, in a laboratory, for sale, or as food for other animals, construct an escape-proof enclosure and check it regularly for damage.

For notifiable conditions, medical practitioners and pathology laboratories should establish systems to identify conditions listed in schedule 1 and determine the type (clinical diagnosis, pathological diagnosis, pathology request, provisional diagnosis, controlled). Notify the chief executive by fax, email or other electronic means. For conditions in schedule 2, notify immediately; for others, within 48 hours. Keep records of notifications.

For water quality, drinking water service providers must test for E. coli at the prescribed frequency based on population served, and for each required parameter as per the management plan. Ensure that E. coli is not detected in any 100mL sample, and that rolling 12-month compliance is at least 98%. Ensure samples do not exceed ADWG health guideline values for physical and chemical parameters or radiological values. Recycled water providers must test at the frequencies in the management plan and meet the microbial and chemical standards for the relevant class (A+, A, B, C, or D). Maintain records of all test results and conduct rolling monthly reviews of the preceding 12 months to confirm 95% compliance for class A+ and class A-D E. coli criteria. If a test shows non-compliance with the standards for recycled water intended to augment drinking water, the provider must assess public health risks and report to the chief executive within 10 business days.

For health care facilities, those owned by local governments that perform immunisation services should develop and implement an occupational exposure policy and a sharps disposal policy to qualify for the exemption from infection control management plan requirements. General practices should seek accreditation against the RACGP standards by an approved entity to obtain the exemption. For cosmetic procedures on children, practitioners should verify that the proposed procedure is listed in section 40; if not, it may be a cosmetic procedure under the Act and subject to additional requirements.