Public Health Regulation 2022

The Regulation organises obligations around distinct regulated activities and systems. The central concepts are:

• Regulated systems and premises: The Regulation defines and treats separately air-handling, hot water, humidifying, warm-water, cooling water systems, public swimming pools and spa pools, skin penetration premises and practices, suppliers of drinking water (including private water suppliers and water carters), and mortuary/cremation practices. Each system has bespoke requirements (Parts 2-8 and Schedule 1, see head provisions such as s 4 for air-handling systems, s 7 for warm-water systems, s 9 for cooling water systems, Part 3 and Schedule 1 for pools, Part 4 for skin penetration).

• Technical standards as regulatory instruments: The Regulation frequently makes compliance contingent on meeting named Australian/New Zealand Standards and Ministry of Health documents. For example, installation, operation and maintenance of air-handling, hot water and humidifying systems must follow AS/NZS 3666.1-4 (s 4), and cooling water system maintenance must follow AS/NZS 3666.3:2011 including control strategies specified in the standard (s 11(2)). Reusable article sterilisation must follow AS 5369:2023 where sterilisation occurs on-site (s 37(2)(c)).

• Risk assessment, auditing and documentation: For cooling water systems, the Regulation requires risk assessments by a competent person, classification of risk levels, prescribed review intervals (s 12), documentation in an approved form (s 13), auditing by Secretary-approved auditors (s 14-15), regular sampling and testing (s 17) and prompt reporting of reportable test results (s 18). Similar documentation and notification regimes apply to warm-water systems (s 8) and installations more broadly (notification to local government, ss 8, 20, 30, 42).

• Delegated administrative discretion: The Secretary and Chief Health Officer have authority to approve specific system types (s 7(2)(b)), approve auditors (s 15), order new risk assessments (s 16), grant exemptions to QAP requirements (s 55), revoke prohibition orders (s 28(5)) and determine what counts as a death certificate issued outside NSW (s 115). Local government authorities designate unique identification numbers for cooling towers (s 10) and maintain registers (s 25, s 31, s 43). These powers are the regulation’s primary discretionary levers.

• Enforcement and penalties: The instrument sets maximum penalty units for many breaches (commonly 10-20 penalty units), specifies penalty notice amounts and schedules (Schedule 6 and Schedule 5 fee amounts), and prescribes requirements for display of prohibition orders (ss 24, 44), false or misleading test results as a criminal offence (s 22), and compliance with Secretary orders to disinfect pools or take other remedial action (s 29). It also requires NATA accreditation for laboratories performing Legionella and heterotrophic colony count tests (s 21).

• Records, registers and public transparency: Multiple registers are mandated. Local government authorities must maintain registers for warm-water and cooling water systems (s 25), for public swimming pools/spa pools (s 31), and for skin penetration premises (s 43). Registers must be accessible to the Secretary and public health officers (s 25(3), s 31(3), s 43(3)). Operators must retain records for specified periods (e.g. sterilisation records 12 months, s 37(3-4); pool testing records 6 months, Schedule 1 s 11).

These concepts translate technical and public-health policy choices into compliance tasks for private and public actors. The Regulation therefore functions as the Act’s operational rulebook for core public health risks tied to water systems, personal procedures, pools, food/safety-adjacent premises and disposal of bodies.

The Regulation distributes obligations across several distinct actor groups. Plainly identifying who pays, who decides and who does the work clarifies the allocation of costs and operational responsibilities.

Primary duty-holders and affected private actors

• Occupiers of premises with regulated systems: Occupiers are repeatedly the entity required to maintain systems, undertake sampling/testing, keep records, notify authorities and display signage. Examples: occupiers of premises with cooling water systems must ensure monthly sampling and testing, provide monthly reports to occupier and local authority, retain documents and make them available within 4 hours on request (ss 17, 19, 13). Occupiers of premises where warm-water systems are installed must notify the local government within prescribed timelines and pay fees (ss 7(3), 8).

• Suppliers of drinking water, private water suppliers and water carters: Suppliers and water carters must prepare QAPs containing detailed operational, risk-assessment and monitoring elements (ss 45-52). Private water suppliers have tailored record, planning and monitoring requirements (ss 49-51, 54). Water carters must include vehicle, tank and filling-point quality control information (s 52) and retain supply records (s 53(2)).

• Operators of public swimming pools and spa pools: Occupiers must meet the Schedule 1 technical parameters for temperature, disinfection, pH, alkalinity, cyanuric acid and testing frequency, and retain records for at least 6 months (Schedule 1 ss 2-11).

• Skin penetration practitioners and premises occupiers: Persons providing skin penetration procedures (declared to include colonic lavage; laser hair removal is expressly not a skin penetration procedure, s 32) and the occupiers of premises where such procedures occur must satisfy premises-equipment standards, sterilisation and sharps-handling requirements, single-use and disposal rules, protective equipment obligations and display/notification duties (Part 4, Divs 2-4, ss 33-44). The Regulation prescribes an "appropriate sharps container" standard (s 31A) and references AS 23907:2023.

• Funeral directors, cremation authorities, mortuary and mortuary transport operators: The Regulation imposes obligations for the handling, storage, embalming, transport and cremation of bodies and creates registers and approvals to use premises for embalming or storage (Part 8, Divs 1-5, ss 76-113). Costs and compliance tasks fall on funeral directors and operators (e.g. refrigeration maintenance s 81, embalming training/qualification s 82, register notices s 111).

Secondary public and private actors

• Local government authorities: Required to maintain multiple registers (warm-water and cooling water systems s 25; public pools s 31; skin penetration premises s 43), designate unique ID numbers for cooling towers and charge specified notification fees (ss 10, 20, 30, 42, Schedule 5). They are also recipients of notifications and audits and must make registers available to the Secretary and public health officers (s 25(3), s 31(3), s 43(3)).

• The Secretary and Chief Health Officer: Decide approvals, exemptions, auditor approvals, orders to close pools or direct disinfection, and may arrange reviews (ss 7(2)(b), 15, 16, 28-29, 55-56). These decisions determine compliance outcomes and may impose fees (s 124).

• Competent persons, duly qualified persons and approved auditors: Competent persons conduct and supervise risk assessments (s 12(1)); "duly qualified persons" must perform sampling, testing and inspections (s 17(1), s 17(3)); auditors must be approved by the Secretary and are excluded in certain conflict-of-interest circumstances (s 15(2)).

• Laboratories and testing bodies: Required to be accredited by the National Association of Testing Authorities for tests for Legionella and heterotrophic colony counts (s 21), and subject to falsification offences for knowingly providing false test results (s 22).

Who pays

• Occupiers and suppliers bear direct compliance costs: capital and operating costs to meet technical standards, testing and laboratory fees, fees for approvals and notifications (Schedules 5 and 6), costs to maintain records and to engage competent persons or auditors.

• Local government and the Secretary incur administrative costs for maintaining registers, designating unique IDs, assessing approvals and performing enforcement functions. The Regulation permits payment of fees to local government authorities and the Secretary (Schedule 5; s 7(3), s 20(1), s 30(1), s 42(1), s 111(3), s 95(2)(c), s 103(5)).

• Third-party service providers: laboratories, competent persons, competent auditors, mortuary transport services and water carters may gain business from compliance work (testing, audits, sterilisation services, transport, carting) while being excluded from approval as auditors if conflicts exist (s 15(2)).

Where decisions lie

• The Secretary and Chief Health Officer hold the core approval and exemption powers (ss 7(2)(b), 15, 16, 55, 56). Local government authorities hold registration and local designation duties (ss 10, 25, 31, 43). Authorised officers exercise inspection powers (s 112). The Secretary also approves auditors and decides fees and registers to be maintained (ss 15, 25, 111).

This allocation concentrates ongoing compliance effort and cost on occupiers of regulated premises and suppliers of drinking water, while vesting substantial administrative discretion and decision-making with the Secretary and local government authorities.

The Regulation prescribes precise duties (what must be done, when and by whom) and confers administrative rights and discretions (approvals, exemptions, revocations). Below are the principal duties and the key decision-making rights drawn from the text.

Duties imposed on occupiers and operators

• Installation, operation and maintenance to standards: Air-handling, hot water, humidifying, warm-water and cooling water systems must be installed and maintained in accordance with AS/NZS 3666 series and related standards (s 4(2)-(4), s 5(2)-(4), s 6(2)-(3), s 7(2)-(5), s 9(2)-(3), s 11(2)). Warm-water systems must deliver water to outlets at not less than 60°C once standing water is expelled (s 5(4)(b)).

• Risk assessment and classification: Cooling water systems require risk assessments performed or supervised by a competent person, classification as low/medium/high risk, initial risk assessment before operation and periodic reassessment (s 12(1)-(5)).

• Auditing and auditor rules: Compliance with the risk assessment must be audited annually (s 14(1)-(3)), audits recorded in an approved form and completed within 2 months after the audit period (s 14(4)-(5)), and audits must be done by persons approved by the Secretary (s 14(7), s 15).

• Sampling, testing and reporting: Cooling water systems must be sampled at least monthly and analysed for Legionella and heterotrophic colony counts by NATA-accredited laboratories (s 17(1)-(3), s 21). Occupiers must supply reportable test results to the local government within 24 hours of receipt (s 18(1)). Reportable thresholds for Legionella and heterotrophic counts are specified (s 18(2)).

• Records, registers and availability: Occupiers must keep required documents on premises or electronically and make them available on request within 4 hours (s 19(1)-(2)). Required documents are specified and include risk assessment and audit documentation, operation and maintenance manuals and maintenance/service records (s 19(3)). Record retention periods vary by topic (sterilisation records 12 months s 37(3-4); pool test results 6 months Schedule 1 s 11).

• Notification obligations and fees: Installations of warm-water, cooling water systems, public pools, and commencement of skin penetration procedures require written notification to the local government authority before or soon after installation, often accompanied by fees set in Schedule 5 (s 8(1)-(2), s 20(1)-(2), s 30(1)-(2), s 42(1)).

• Operational hygiene and single-use requirements: For skin penetration procedures, there are multiple duties: premises cleanliness, sinks, hand hygiene supplies (s 34); toilets for colonic lavage (s 35); availability of appropriate sharps containers and sterile disposable needles where applicable (s 36); sterilisation of reusable articles with autoclaves and calibration requirements (s 37); single-use or sterile handling of inks, pigments and applicators (s 40); and wearing of single-use gloves and gowns (s 39). Many of these carry specific maximum penalties (commonly 20 penalty units).

Duties imposed on suppliers of drinking water

• QAP content and processes: Suppliers (other than private water suppliers and water carters) must include risk identification and a process for controlling risks in the QAP consistent with the Australian Drinking Water Guidelines (s 45). Further content obligations are set out in Divisions 2-4 (ss 46-52) including verification, monitoring, equipment validation, incident response, and community engagement.

• Private water suppliers and water carters: Private water suppliers must include detailed system descriptions, diagrams and risk assessments (s 49), planning for inspections/maintenance/monitoring (s 50), and record systems (s 51). Water carters must include tank hygiene, vehicle details and filling-point protection measures (s 52). Record retention periods apply (ss 53-54).

Decision-making rights and discretions

• Secretary and Chief Health Officer: Can approve specific warm-water systems for hospitals (s 7(2)(b)), approve auditors and auditors’ periods of approval (s 15), require new risk assessments where reportable tests occur or risk assessments are inadequate (s 16), notify occupiers to disinfect pools or take other remedial action (s 29), issue and revoke closure orders for pools (s 28), arrange review of QAPs (s 56) and grant exemptions from QAP matters (s 55). The Chief Health Officer may also publish exemptions for classes of persons on the Ministry of Health website (s 55(5)).

• Local government authorities: Designate unique identification numbers for cooling towers and must maintain registers (s 10(1), s 25(1)). They are the recipients of various notifications and hold local enforcement and register duties (ss 8, 13, 20, 30, 42, 25, 31, 43).

• Authorised officers: May inspect premises, registers and equipment (s 112), and review risk assessments (s 16(3)). They are the enforcement arm for specified powers and may order compliance steps within the Act’s enforcement framework as referenced in multiple provisions.

Rights of regulated parties

• Administrative appeal-like safeguards are embedded indirectly through the requirement that Secretary or Chief Health Officer decisions must be in writing (implied in notices to occupiers, s 28(2) and other notice requirements) and certain approvals are conditional and revocable (s 55(3)-(4), s 96(2) for exhumations). The Regulation does not set out appeal routes; those would be found in the Act and general judicial review or statutory appeal processes.

• Defence and compliance protections: Compliance with Ministry guidelines can be invoked as a defence to prosecution for offences under Part 8 (s 113). Also, the Regulation excludes certain offences when dealing with corporations under the Act (s 114).

The Regulation therefore imposes prescriptive duties with clearly allocated responsibilities, while placing significant administrative discretion with the Secretary, Chief Health Officer and local governments, and conferring limited procedural protections via requirements for written notices and the availability of certain defences.

The Regulation establishes a mix of criminalised contraventions (express maximum penalty units), monetary fees and penalty notice offences with specified dollar amounts (Schedules 5 and 6), and administrative enforcement measures such as prohibition orders, improvement notices, closure orders and re-inspection fees. Enforcement architecture is distributed between local government authorised officers, the Secretary and other authorised officers.

Penalties: statutory maximums and penalty notice scheme

• Maximum penalty units: Numerous provisions set explicit maximum penalty units for breaches. Common maxima are 10 or 20 penalty units depending on gravity. Examples include: failure to notify changes in warm-water system information (10 penalty units, s 8(2)), contraventions of cooling tower sign display (20 penalty units, s 10(1)), failure to provide reportable test results within 24 hours (20 penalty units, s 18(1)), falsifying test results (20 penalty units, s 22), failure to take maintenance precautions (20 penalty units, s 23), failure to display prohibition orders (10 penalty units, s 24 and s 44), and many skin-penetration related offences each with 20 penalty units (e.g. single-use needle prohibition, s 38(1)).

• Penalty notice offences: Schedule 6 lists offences that may be dealt with by penalty notice rather than court, and specifies monetary amounts payable for individuals and corporations for each listed offence (Schedule 6, table). For example, a breach of Act s 35(1) involving failure to fit a continuous disinfectant dosing system attracts a penalty notice of $550 for an individual and $1,100 for a corporation (Schedule 6). The Schedule also cross-references Act provisions and Regulation provisions where the offence arises.

• Fees tied to enforcement actions: Section 124 requires that a person given an improvement notice or a prohibition order with a requirement to pay must do so within 60 days and permits agencies to extend or waive fees (s 124(1)-(2)). Schedule 5 sets the schedule of fees for approvals, notifications and improvement/prohibition notices (e.g. notification of installation of cooling water system $120, s 20 and Schedule 5).

Enforcement mechanisms and who enforces

• Authorised officers: Section 112 lists inspection powers for authorised officers: enter and inspect mortuaries, crematories, cemeteries, holding rooms, inspect registers and records, and premises used by mortuary transport services. Authorised officers may review risk assessments at any time (s 16(3)). Local government authorised officers have authority to issue improvement notices and prohibition orders under the Act framework as implemented by the Regulation (see s 25 and s 123 which requires councils to notify the Secretary of notices and prohibition orders).

• Secretary and Chief Health Officer: The Secretary may order temporary closures of public swimming pools and spa pools if satisfied on reasonable grounds the pool is a risk to public health (s 28(1)) and must accompany orders with written reasons (s 28(2)). The Secretary may direct occupiers to disinfect pools or take other action (s 29). The Chief Health Officer may grant or revoke exemptions from parts of QAP requirements (s 55) and issue directions relating to outbreaks at correctional centres after consultation with the Commissioner of Corrective Services (s 71).

• Prohibition orders and display requirements: Where a prohibition order is served on an occupier, the occupier must display a copy at conspicuous places near each entrance (ss 24, 44). Failure to comply is a separate offence and may be subject to a penalty notice amount (Schedule 6).

Evidence integrity and laboratory accreditation

• Tests for Legionella and heterotrophic colony counts must be carried out in a laboratory accredited by the National Association of Testing Authorities for that purpose (s 21). Intentionally providing false or misleading test results in purported compliance is a criminal offence with a maximum penalty of 20 penalty units (s 22), creating an evidentiary and criminal risk for laboratories, service providers and occupiers who present testing results.

Administrative fees and inspection recharges

• Schedule 5 lists fees for administrative approvals and notifications (e.g. application for approval of warm-water system $211; notification for pools $105) and sets fees for improvement notices and prohibition orders with graduated amounts by financial year (Schedule 5 table) and re-inspection fees per hour (s 125, Schedule 5). Section 124(2) allows the relevant agency to extend or waive these fees, introducing administrative discretion into fee enforcement.

Record production on demand

• Occupiers must keep required documents on premises or electronically and make them available for inspection on request by an authorised officer, within 4 hours (s 19(1)(a)-(b)). Failure to produce required documents or contact details within 4 hours is an offence punishable by up to 20 penalty units (s 19(1)-(2)). This tight timeframe creates an enforcement lever for authorised officers to inspect compliance in situ and to escalate non-compliance quickly.

Defensive provision

• Section 113 provides that compliance with Ministry guidelines may be a defence to prosecution for offences under Part 8 (disposal of bodies). That gives regulated parties an avenue to rely on published Ministry guidance for compliance, but the defence is limited to offences under that Part and requires showing compliance with the published guidelines.

Taken together, the Regulation couples technical prescriptive duties with swift reporting deadlines, high-frequency monitoring and recordkeeping obligations, backed by administrative fees and criminal penalties. Enforcement is multi-layered: local government authorised officers and the Secretary are primary enforcement actors, authorised officers have specific entry and inspection powers (s 112), and the schedule of penalty notices enables quick monetary enforcement for enumerated offences.

The Regulation is structured to operate alongside and within a network of statutes, codes and standards. It frequently cross-references the Act and imports external standards and documents, producing layered compliance obligations for regulated entities.

Primary statutory relationships

• Public Health Act 2010 (the Act): The Regulation implements and supplements the Act. Many provisions are expressly “for the Act, section X” (for example, Part 2 Legionella control,the Act, Part 3, Div 2; s 4 is “For the Act, section 28”), meaning the Regulation prescribes particulars that give operational effect to the Act’s enabling sections. The Regulation also declares certain Regulation provisions to be excluded provisions for the Act’s corporate offence regime (s 114).

• Subordinate Legislation Act 1989: The Regulation notes it replaces the Public Health Regulation 2012 and that repeal occurred under the Subordinate Legislation Act (Commencement/Note, s 2). The Regulation is itself subordinate legislation made under the Act and must be interpreted in light of the Interpretation Act 1987 as noted in s 3(1) note.

• Local Government Act 1993: The Regulation requires that mortuary premises comply with relevant standards under the Local Government Act in relation to mortuaries and approvals (s 76(1) references the Local Government Act 1993). Local government authorities are given register and notification duties (ss 25, 31, 43) and are the recipients of notifications and fees for certain installations.

Cross-border and Commonwealth interactions

• Commonwealth Acts and registers: The Regulation permits disclosure under the National Cancer Screening Register (s 119) and references Commonwealth Acts for cross-referencing immunisation requirements (s 69(1)(f) references the A New Tax System (Family Assistance) Act 1999 of the Commonwealth). It also recognises documents issued under other State and Territory laws as death certificates for the purposes of the Regulation if determined by the Secretary (s 115).

• Health Practitioner Regulation National Law and inter-state orders: The Regulation prescribes corresponding interstate prohibition orders from other jurisdictions that will be recognised under the Act s 101(1) definition (s 117 lists interstate orders from Queensland, SA, Victoria, WA, ACT, Tasmania). That creates cross-jurisdictional recognition of disciplinary or prohibition orders.

Standards and technical documents

• Australian/New Zealand Standards and Ministry of Health documents: The Regulation imports AS/NZS 3666.1-4 (air-handling and water systems) (s 3(2)) and AS 5369:2023 for sterilisation (s 37(2)(c)). It also requires compliance with Ministry of Health documents such as Water,Requirements for the provision of cold and heated water (s 7(5)) and references the Australian Drinking Water Guidelines for QAPs (s 45(b)). The instrument makes technical standards legally binding for covered systems; these standards are external to the Act and will evolve independently, subject to the references “as in force for the time being” (s 3(3)).

• Accreditation and laboratory law: Testing must be carried out in NATA-accredited laboratories (s 21). That links regulatory compliance to accreditation regimes outside the Act and introduces reliance on third-party certification.

Overlap and possible duplication

• Multiple registers and overlapping notification duties: The Regulation requires different registers and notifications to local government for cooling water systems (s 20), warm-water systems (s 8), public pools (s 30) and skin penetration premises (s 42), and also requires local government registers for these systems (s 25, 31, 43). Operators that manage multiple regulated systems must comply with overlapping notification, record retention and access obligations.

• Interaction with Coroners Act and Births, Deaths and Marriages Act: Cremation and death certification provisions explicitly require death certificates or coroner orders (e.g. s 103(1)(d)) and specify that coroner permissions and inquest-related matters are governed by the Coroners Act (see notes in ss 101, 103). Applications for exhumation must be accompanied by certified death certificates under the Births, Deaths and Marriages Registration Act unless the Secretary dispenses with this requirement and consults the State Coroner (s 95(2)-(3)).

• Interaction with health complaints and practitioner regulation: Schedules 3 and 4 adopt definitions from the Health Care Complaints Act 1993 and require codes of conduct for non-registered practitioners and organisations (s 116), thereby linking regulatory conduct obligations with existing professional complaint and disciplinary frameworks.

Delegated powers and legal reviewability

• The Regulation grants broad delegated powers to the Secretary and Chief Health Officer for approvals and exemptions (e.g. ss 15, 55, 96). Those administrative discretions will be subject to the Act’s procedural frameworks and, where applicable, to judicial review and statutory appeal mechanisms provided by the Act and general administrative law. The Regulation itself does not provide an appeals process for every exercise of discretion; cross-references to the Act and other statutes will determine remedies.

In practical terms, compliance with the Regulation requires entities to coordinate across standards, accreditation regimes, local government processes and other State and Commonwealth statutory frameworks. Where the Regulation imports external standards “as in force for the time being” (s 3(3)), periodic updates to those standards can change the content of compliance obligations without amendment to the Regulation itself.

The Regulation text contains internal amendment annotations that indicate later insertions and modifications. The instrument also records its replacement of the 2012 Regulation and provides dates and citations for certain amendments. The key amendment and commencement markers visible in the Regulation are:

• Commencement and repeal: The Regulation commenced on 1 September 2022 and replaced the Public Health Regulation 2012, which was repealed on 1 September 2022 by the Subordinate Legislation Act 1989, s 10(2) (s 2).

• Insertions dated 2023-2025: Several provisions bear amendment notes indicating later statutory changes. Examples in the text include:

  • Section 92: Annotated as amended 2023 No 35, Sch 4.34 (s 92 note). The text for burial restrictions shows the amendment notation.

  • Section 31A (Definition of appropriate sharps container): Inserted 2025 (624), Sch 1[1] , so the definition and shaper container standard AS 23907:2023 was added in 2025 (s 31A note).

  • Section 36: Annotated as repealed then amended in 2025 (s 36 shows "(Repealed)" and notes "s 36: Am 2025 (624), Sch 1[2]"). That indicates a 2025 amendment which modified subsection numbering and content to require appropriate sharps containers and sterile disposable needles (s 36(1)-(2)).

  • Section 37: Shows amendments in 2025 adding references to AS 5369:2023 and calibration frequency, and notes "s 37: Am 2025 (624), Sch 1[3] [4]".

  • Schedule 5: Footnote indicates amendments 2025 (147), Sch 1[4]-[6]; 2025 (305), Sch 1[1] [2], which altered fee amounts and items.

  • Schedule 6: Annotated as amended 2025 (147), Sch 1[7]-[10].

• Part 6 Scheduled medical conditions amendments: Section 57 shows "s 57: Am 2025 (147), Sch 1[1]" indicating amendments to notification content for Category 1 and 2 conditions in 2025.

• Part 8 Cremation and related amendments: Section 101 and s 103 carry amendment notes that show later insertions in 2025 (s 101: Am 2025 (624), Sch 1[5]; s 103: Am 2025 (624), Sch 1[6]).

• Schedule 7 dictionary updated: Note at end "sch 7: Am 2025 (624), Sch 1[7]" indicating the dictionary was updated in 2025 (includes new definitions such as refrigerated body storage facility).

These in-text amendment annotations are the Regulation’s internal record of changes reflected in the consolidated text. They show that the instrument has been incrementally updated since initial commencement to add modern technical standards (e.g. AS 23907:2023, AS 5369:2023), adjust fees, and refine specific provisions (exhumation, cremation and mortuary-related rules).

The Regulation also refers to external instruments which themselves change over time and thereby affect the Regulation by reference (s 3(3) adopts standards as in force for the time being). For users, this means compliance obligations can change both through formal amending instruments and through updates to the external standards the Regulation imports.

For a complete legislative history, including dates of the amending Acts or instruments and the parliamentary instruments that made the amendments, users must consult the statutory revision notes and the official NSW legislation history page. The in-text amendment annotations above identify several amendment events but do not provide exhaustive legislative history such as commencement notices for each amending instrument.

The Regulation text supplied contains no citations to judicial decisions, case names, or litigation outcomes. It does not record any court rulings, declaratory judgments, or litigation that interpret its provisions. The Regulation’s own notes show amendments and commencement information but do not include reported cases.

Implications for practitioners and researchers:

• No precedent within the Regulation text: Because the Regulation does not include case law, practitioners cannot derive binding judicial interpretations from the instrument itself. Any legal questions about interpretation, the scope of delegated powers (for example, what constitutes a permissible Secretary exemption under s 55), or challenges to enforcement actions (such as a closure order under s 28) must be researched in case law originating from courts and tribunals under the Act and related judicial review principles.

• Need to consult external sources: To understand how courts have treated similar statutory regimes, or the Act’s administrative discretions, professionals should search judicial databases for litigation arising under the Public Health Act 2010 and related subordinate instruments. Relevant case law would typically be found in decisions addressing enforcement notices, administrative decisions (Secretary/Chief Health Officer actions), and penalties arising from failures to comply with technical or record-keeping obligations.

• Administrative review avenues: The Regulation does not itself set out appeal rights for every administrative decision it contains; therefore, practitioners should consult the Act and general administrative law remedies (merits review where available, judicial review on public law grounds) to determine dispute resolution paths. The Regulation’s silence on litigation history means that test cases on particular provisions (for example, scope of “competent person” in s 12 or validity of Secretary approvals under s 15) may not have occurred or may not be recorded in the consolidated Regulation text.

If litigation or jurisprudence is relevant to a particular client matter, the Regulation should be treated as the statutory baseline; legal argument will require searching case law databases for decisions under the Act and any reported disputes about the Secretary’s exercise of powers, local authority enforcement, or interpretation of referenced standards.

The Regulation includes several tightly framed obligations and deadlines that present compliance pitfalls. The following are concrete operational “gotchas” extracted from the text, with citations and the mechanisms by which non-compliance is likely to arise.

Timing and short response windows

• 24-hour reporting for reportable test results (s 18(1)): Occupiers must provide reportable laboratory results to the local government authority within 24 hours of receipt. Reportable thresholds are ≥1,000 CFU/mL for Legionella or ≥5,000,000 CFU/mL heterotrophic counts (s 18(2)). The short window requires systems to monitor incoming lab communications and to have an immediate notification process. Failure carries a maximum penalty of 20 penalty units.

• 7-day notification updates (ss 8(2), 13(2), 20(2), 30(2), 42(2)): Occupiers must notify local government authorities of changes in approved-form information within 7 days. Numerous activities have the same 7-day change-notice requirement, generating administrative burden for entities that change operators, contacts or systems frequently.

Rapid inspection and document-production demands

• 4-hour availability of records on request (s 19(1)(b)-(2)): Occupiers must supply required documents electronically or on paper within 4 hours of an authorised officer’s request. The list of required documents is extensive (s 19(3)): latest risk assessment, audit documentation for last 5 years, monthly testing reports for 5 years, operating and maintenance manuals and maintenance and service records. Entities that keep paper-only archives off-site or use third-party storage may find this requirement difficult without pre-planned retrieval systems.

Record retention mismatches

• Different retention durations across regimes: Sterilisation records must be kept for at least 12 months if sterilised on site (s 37(3-4)), pool testing results kept for 6 months (Schedule 1 s 11), private water supplier records must be kept for 24 months (s 54), and registers held by local governments interact with these retention duties (ss 25, 31, 43). A compliance program must therefore track multiple retention timelines to avoid accidental destruction within the legally prescribed period.

Certification and accreditation dependencies

• NATA accreditation requirement (s 21): Legionella and heterotrophic colony count tests must be carried out in NATA-accredited laboratories. If local accredited capacity is limited or if an operator relies on a non-accredited laboratory, tests will not meet the Regulation’s requirements and may risk enforcement. Also, s 15 prevents persons with recent lab engagement from being approved auditors, which may limit the auditor market in small regions.

Competent person and auditor constraints

• Approved auditors exclusion list (s 15(2)): The Secretary may not approve the occupier, the person who undertook the risk assessment, persons who installed/operated/maintained the system in the previous 5 years, laboratory operators who carried out testing in the prior 5 years, or persons employed/engaged by those listed to be auditors. This reduces potential conflicts of interest but can make sourcing approved auditors difficult in areas with limited competent practitioners.

Technical standard updates and external references

• Standards “as in force for the time being” (s 3(3)): The Regulation imports AS/NZS standards and other documents as they vary over time. Operators must monitor changes to those standards (for example, AS 5369:2023, AS 23907:2023 inserted in 2025) because compliance obligations can change without direct amendment to the Regulation text.

Specific prescriptive technical requirements

• Hot water outlet temperature (s 5(4)(b)): Maintenance must ensure outlets deliver water at not less than 60°C once standing water has been expelled. This is a precise measurement and may require temperature mapping and routine validation to demonstrate compliance.

• Cooling water disinfection thresholds (s 9(3)(b)): A disinfection procedure must be in operation at all times designed to keep Legionella <10 CFU/mL and heterotrophic colony count <100,000 CFU/mL. These are stringent operational targets and may necessitate continuous disinfection regimes, monitoring and controls.

Display and sign dimensions for cooling towers (s 10): Unique identification numbers designated by local government must be displayed on signs of at least A5 size (148mm × 210mm), clearly visible and durable. Failures to affix or meet visibility standards attract a maximum penalty of 20 penalty units.

Pool chemical and measurement specifics (Schedule 1): Pool operators must maintain precise pH, free chlorine/bromine and combined chlorine thresholds and testing frequencies (Schedule 1 ss 3-7). For example, indoor pools have higher free available chlorine minimums (2.0-3.0 mg/L depending on pH) and total chlorine cannot exceed 10.0 mg/L (Schedule 1 s 4(1)-(4)). Operators using cyanuric acid are restricted to outdoor pools and must monitor concentration weekly and keep it ≤50 mg/L (Schedule 1 s 10).

Sharp and single-use materials standard (s 31A, s 36, s 38): The Regulation requires an “appropriate sharps container” that complies with AS 23907:2023 for Part 4 premises (s 31A) and multiple single-use needle and applicator rules with 20 penalty unit maxima for contravention (s 38). For practitioners in mobile or small premises, supply chain and inventory controls are essential.

Fees and recovery

• Improvement notice and prohibition order fees and re-inspection hourly charges (Schedule 5 and s 124-125): These fees are not trivial and are indexed across years in Schedule 5; re-inspection fees are payable per hour with a minimum half-hour. Failure to pay within 60 days is an offence (s 124(3)). Entities must budget for potential enforcement-related fees.

Falsification and criminal risk

• Falsifying tests is an offence (s 22): Persons who knowingly provide false or misleading test results are guilty of an offence with up to 20 penalty units. This criminalises intentional deception in reporting and places compliance on both laboratories and those presenting results.

Discretion and uncertainty

• Secretary/Chief Health Officer discretionary powers to approve, revoke, exempt or require actions (e.g. ss 7(2)(b), 15, 16, 28, 55): These discretionary powers create regulatory uncertainty for regulated parties relying on approvals or exemptions. The Regulation provides process notes (for example, written notices), but operational outcomes will depend on administrative decision-making.

These “gotchas” are concrete, sourced operational traps: short reporting windows, strict inspection response timings, multi-duration recordkeeping, reliance on third-party accreditation and external standards, limited auditor pools, and monetary/penal exposures tied to defined thresholds. Entities should build documented procedures, data flows and contractual relationships (with NATA labs, competent persons and approved auditors) to manage the compliance risks identified above.

Compliance demands a structured program tying technical controls, documentation, testing, personnel and notification workflows to the specific provisions of the Regulation. The following is an actionable checklist keyed to the instrument’s requirements and citations so that practitioners can map tasks to statutory obligations.

1. Map your regulated activities and identify applicable provisions

   • Determine which parts apply: cooling/warm-water systems (Part 2 Divs 1-3 ss 4-11), public pools (Part 3 and Schedule 1), skin penetration (Part 4 ss 31A-44), drinking water suppliers/QAPs (Part 5 ss 45-56), mortuary/cremation (Part 8 ss 76-113).
   • Identify who is the occupier and who is the supplier for each regulated system (occupier obligations are widely used: e.g. s 17, s 19, s 25).

2. Technical compliance with standards

   • Install and maintain systems per the standards referenced, including AS/NZS 3666.1-4 for air and water systems (s 4, s 5, s 6, s 7, s 11).
   • For sterilisation of reusable articles, ensure autoclave use complies with AS 5369:2023, and the autoclave is calibrated at least every 12 months (s 37(2)(c)-(d)).
   • For sharps containers, ensure containers comply with AS 23907:2023 as inserted by s 31A.

3. Engage competent persons and approved auditors

   • Contract competent persons to undertake or supervise risk assessments (s 12(1)) and ensure they document risk classifications (s 12(2)).
   • Plan for the auditor approval constraints: auditors must be approved by the Secretary and cannot be persons with listed conflicts (s 15(1)-(2)). Start approval applications early if audits cannot be completed by internal staff.

4. Set up sampling, testing and laboratory arrangements

   • For cooling water systems: monthly sampling and testing for Legionella and heterotrophic colony counts per AS/NZS 3666.3:2011 and s 17(1)-(2). Tests must be performed by NATA-accredited laboratories (s 21).
   • Establish procedures to receive, review and escalate laboratory reports immediately so that reportable test results are provided to the local government authority within 24 hours (s 18(1)).

5. Risk assessment, audits and notifications

   • Complete the first risk assessment before the cooling water system operates and schedule reassessments per risk level: annually for high-risk and every five years for low/medium risk, with earlier reassessment if there is reason to believe the assessment is invalid (s 12(3)-(5)).
   • Document risk assessments and audits in the approved forms (ss 13(1), 14(5)) and notify local government within 7 days after completion of risk assessments and audits (ss 13(2), 14(6)).

6. Records management and availability

   • Maintain required documents on premises or electronically and ensure they can be made available within 4 hours to an authorised officer (s 19(1)-(2)). Required documents include the most recent risk assessment, audit documentation from the last 5 years, reports under s 17(4) for the last 5 years, operating and maintenance manuals, and maintenance/service records (s 19(3)).
   • Implement retention schedules aligned to the Regulation: sterilisation records 12 months (s 37(3)-(4)), pool testing results at least 6 months (Schedule 1 s 11), private water supplier records 24 months (s 54), other records as required (s 53).

7. Notifications and registers

   • File required notifications in writing and pay any applicable fees in Schedule 5: install/certificate notifications for warm-water, cooling water systems and pools; notifications before commencing skin penetration or pool operations (ss 8(1), 20(1), 30(1), 42(1); Schedule 5).
   • Confirm registers maintained by local government (s 25, s 31, s 43) and update contact information promptly to avoid 7-day change-notice breaches (ss 8(2), 20(2), 30(2), 42(2)).

8. Operational controls and day-to-day processes

   • Cooling water systems: implement continuous disinfection designed to achieve Legionella <10 CFU/mL and heterotrophic colony <100,000 CFU/mL (s 9(3)(b)). Fit safe and easy access for cleaning and maintenance (s 9(3)(c)).
   • Hot and warm water: ensure system maintenance is in accordance with AS/NZS 3666.2:2011 and Water,Requirements for the provision of cold and heated water (s 5(4)). Verify outlet temperatures reach 60°C as required (s 5(4)(b)).
   • Pools: maintain automated or continuous metered disinfectant dosing systems and monitor/record disinfectant and pH levels daily per Schedule 1 ss 3, 7. Ensure pool water temperatures do not exceed 38°C (Schedule 1 s 2).
   • Skin penetration: ensure premises have hand basins, segregated sinks for instrument cleaning if applicable, hand hygiene supplies, single-use gloves, gowns and sterile needles as required (ss 34-36, 39). Sterilisation logs and off-site sterilisation documentation must be kept (s 37).

9. Display and signage requirements

   • Display unique identification numbers on each cooling tower on durable A5 signs (s 10(1)-(3)). Display prohibition orders conspicuously at entrances while orders are in effect (ss 24, 44).

10. Financial preparedness and fee management

• Budget for notification fees, application fees and potential improvement/prohibition notice fees and re-inspection fees as set out in Schedule 5. If a prohibition order/improvement notice requires fee payment, pay within 60 days or apply for extension/waiver (s 124(1)-(3)).
• Maintain records to substantiate fee waivers or extensions.

11. Training, insurance and conduct obligations

• For skin-penetration staff ensure training in sterilisation and autoclave operation. For funeral directors ensure embalming training accredited by ASQA or Secretary-approved providers (s 82(1)).
• Maintain appropriate indemnity insurance