Public Health Regulations 2017

The Regulations centralise several technical concepts that determine operational duties and discretionary powers.

• Notifiable infectious diseases and related conditions. Regulation 3 provides a complete, labelled Table of diseases declared to be notifiable. Column 2 marks diseases that are “urgently notifiable” and column 3 marks “vaccine preventable notifiable infectious diseases”. Regulation 4 declares three disease‑related conditions (APSGN; adverse event following immunisation; HUS) notifiable, and Regulation 4A makes two of those (APSGN and HUS) urgently notifiable. These labels (notifiable, urgently notifiable, vaccine‑preventable) have operational consequence because the Act provisions referenced by the Regulations refer back to notification processes and sometimes to special powers (for example, the Chief Health Officer’s powers in Part 2A).

• Notification content. Regulations 5 and 6 split what is required from what is not. Regulation 5 specifies items that may be omitted , for example, email addresses need not be included in notifications generally, and certain phone and email details need not be included in HIV notifications. Regulation 6 prescribes the set of patient/decedent data that are required for nearly all notifications (for example country of birth, Indigenous status, date of onset, probable place of acquisition, basis for diagnosis, clinical details and whether hospitalisation occurred). Regulation 6 also prescribes a specific set of details for adverse events following immunisation and delegates the HIV notification form to an approved form available on the Department website.

• Authorised officer information powers and liability protection. Regulation 7 empowers authorised officers to request additional information from notifying practitioners or pathologists to prevent, control or abate public health risks, listing concrete subject matters that may be requested. Regulations 8 and 9 provide a protection regime: medical practitioners, nurse practitioners or responsible pathologists who give additional information in good faith are relieved of civil or criminal liability, and such disclosures are not to be treated as breaches of confidentiality, professional ethics or professional conduct; regulation 9 also cross‑applies section 298 of the Act to that information as if it applied.

• Immunisation of children. Part 2A institutes a statutory scheme that (a) defines terms (Regulation 10A), (b) prescribes the period used for the definition of “current” as 2 months (Regulation 10AA), (c) prescribes classes of exempt children (Regulation 10AB), (d) prescribes specific circumstances in which the Chief Health Officer may issue a certificate (Regulation 10AC), (e) prescribes what an authorised immunisation catch‑up schedule means (Regulation 10AD), and (f) grants the Chief Health Officer power to direct school and child care operators to produce reports, to exclude non‑immunised children, to require reporting of contracted vaccine‑preventable diseases, to close all or part of educational facilities, and to seek further information with monetary penalties for non‑compliance (Regulations 10C,10G). Penalties for non‑compliance in these parts are stated as fines of $1 000 for specified breaches.

• Public health emergencies: information disclosure. Regulations 11,13 define “relevant information” for the purposes of section 188(1) of the Act to include loss, requested assistance, owner/occupier of property and financial or insurance information (Regulation 11). Regulation 12 allows an emergency officer to disclose relevant information to bodies engaged by a public authority to provide welfare services, and limits further disclosure unless reasonably necessary for emergency management, with a $1 000 fine for breach. Regulation 13 requires recipients to keep disclosed relevant information secure so far as reasonably practicable, again backed by a $1 000 penalty.

• Fees and payment mechanics for quarantine. Regulation 13A prescribes quarantine fees: $180 per day for a person not in shared accommodation; $180 per day for a first person in shared accommodation and $60 per day for each additional person older than 6. Regulation 13B provides an application process to pay by instalments to the Chief Health Officer, permits weekly, fortnightly or monthly instalments, and makes the entire unpaid balance plus interest due if an instalment is missed.

• Other discrete concepts. Regulation 2A prescribes services excluded from the meaning of child care service for the Act’s purposes, cross‑referring to the Education and Care Services National Regulations and to outside school hours care or school holiday care. Regulation 10 lists corresponding interstate public health Acts for recognition of interstate public health orders. Regulation 13C prescribes classes of registered health practitioners (endorsed midwives and nurse practitioners) for the Act’s definition of “prescribing practitioner” for abortion‑related provisions. Regulation 14 adopts State Administrative Tribunal witness allowances for persons required to attend inquiries. Regulation 15 authorises public health officials to use specified information under section 298 of the Act in the course of duty.

These concepts combine prescriptive lists, reporting obligations, administrative directions and compliance penalties to operationalise the notification, immunisation and emergency information roles under the Public Health Act 2016.

The Regulations impose duties and provide entitlements that directly affect several identifiable groups.

• Medical practitioners, nurse practitioners, and responsible pathologists. They are the primary notifiers under the notification regime. Regulation 6 prescribes the information they must provide for most notifiable diseases, while Regulation 5 identifies certain items that need not be included. Regulation 7 expressly enables authorised officers to seek further information from these persons and Regulation 8 gives liability protection where additional information is supplied in good faith. Failure to comply with requests under Regulation 7 could trigger the procedural consequences referenced in the Act.

• Schools, community kindergartens and child care services and the persons in charge of those institutions. Part 2A (Regulations 10C,10G) authorises the Chief Health Officer to direct relevant persons or persons in charge to provide reports on immunisation status or contracted diseases, to prevent attendance of non‑immunised children, and to close whole or parts of facilities to limit spread of vaccine‑preventable diseases. A person who receives a direction must comply and faces a fine of $1 000 for non‑compliance (see Regulations 10C(2), 10D(3), 10E(3) and 10F(3)). Regulation 2A also affects which services are treated as child care services by excluding certain outside school hours and school holiday services.

• Parents and responsible persons for children. The immunisation provisions directly constrain parents’ capacity to send children to an educational setting if the Chief Health Officer directs non‑attendance of a child not immunised against a vaccine‑preventable disease (Regulation 10E). Responsible persons may be required to be named and contacted in further information requests (Regulation 10G(3)(b)).

• Public health authorised officers, the Chief Health Officer and emergency officers. These officers receive express powers under these Regulations: to request further notification information (Regulation 7), to direct closures and exclusions (Regulations 10E and 10F), to permit instalment payments of quarantine fees and to accept or refuse such arrangements (Regulation 13B), and to disclose relevant information in emergency management contexts (Regulation 12). The Regulations therefore expand administrative discretion at the departmental and Chief Health Officer level.

• Providers engaged by public authorities to provide welfare services during emergencies. Regulation 12 permits emergency officers to disclose relevant information to such providers but constrains further disclosure and imposes security duties (Regulation 13).

• Individuals subject to hotel quarantine and persons in shared accommodation. Regulation 13A prescribes the daily fee rates ($180 per day for non‑shared accommodation and $180/$60 structure for shared). Regulation 13B allows for instalment arrangements but creates a default consequence where non‑payment of an instalment makes the whole unpaid amount and interest immediately due.

• Registered health practitioners involved in abortion prescribing. Regulation 13C prescribes that “prescribing practitioners” for the Act’s abortion provisions include endorsed midwives and nurse practitioners, thereby widening the class of practitioners who may prescribe under the Act’s provisions.

• Public authorities and other entities required to hold data. The Regulations specify required content for notifications (Regulation 6) and restrict onward disclosure of information obtained under certain Act provisions (Regulations 9 and 12). Entities handling such data must keep it secure so far as reasonably practicable (Regulation 13) and risk a fine of $1 000 for breaches of disclosure or security duties.

Several of these duties have an immediate compliance cost impact on regulated entities: collecting and transmitting the extensive data items in Regulation 6, maintaining secure record‑keeping for emergency disclosures under Regulation 13, complying with directions about exclusion and closure in Part 2A, and administering quarantine fees and instalments. The Regulations concentrate enforcement tools in the Chief Health Officer and authorised officers while providing limited monetary remedies for non‑compliance (statutory fines of $1 000 in several places and the direct fee regime for quarantine).

The Regulations create concrete obligations and procedural rights across the notification, immunisation, emergency, quarantine and information domains. Below are the principal duties and the institutional rights that follow from them.

Notification duties and related rights

• Duty to notify: The Regulations implement the Act’s notification scheme by specifying which diseases and conditions are notifiable (Regulation 3 and 4). The notifying clinician must provide prescribed information where required by Regulation 6; however Regulation 5 identifies particular items that need not be supplied (for example email addresses generally, and certain contact details for HIV notifications).
• Additional information requests: Authorised officers may request further information to prevent, control or abate public health risks (Regulation 7). The scope of permissible further information is explicitly set out and includes clinical details, vaccination status, travel history, laboratory testing, treatment and behavioural risk factors.
• Liability protection: Practitioners and responsible pathologists who provide extra information in good faith are protected from civil and criminal liability, and such disclosures are not to be treated as breaches of confidentiality, professional ethics or unprofessional conduct (Regulation 8). Regulation 9 directs that such information may be used and disclosed under section 298 of the Act and provides the same liability shield for good faith disclosures.

Immunisation and school/child care duties and powers

• Reporting directions: The Chief Health Officer may direct the person in charge of school/child care services to produce reports about immunisation status or about a child believed to have contracted a vaccine‑preventable disease (Regulations 10C and 10D). A direction must be complied with, and failure attracts a $1 000 fine.
• Exclusion and closure powers: The Chief Health Officer may direct that a child be prevented from attending or participating if not immunised against a vaccine‑preventable disease (Regulation 10E). The CHO may also direct closure of the whole or part of a school, community kindergarten or child care service to limit or prevent spread (Regulation 10F). Both directions must be in writing and specify the period; recipients must comply or face a $1 000 fine.
• Information requests from CHO: The CHO may request further information in connection with a directive, including identifying and contact details of non‑immunised children and responsible persons; non‑compliance may attract a $1 000 fine (Regulation 10G).

Public health emergency information duties and rights

• Definition and disclosure: The Regulations prescribe what constitutes relevant information in an emergency (Regulation 11). An emergency officer may disclose relevant information to persons or bodies engaged by a public authority to provide welfare services (Regulation 12(1)).
• Non‑further disclosure constraint and security duties: Recipients must not further disclose relevant information except where reasonably necessary for emergency management (Regulation 12(2)), and must keep disclosed information secure so far as reasonably practicable (Regulation 13). Breach of either duty may attract a $1 000 fine.

Quarantine fees and payment processes

• Fee charge: The Chief Health Officer (under the Act) is given a statutory fee amount in Regulation 13A: $180 per day for a single person, $180 per day for the first person in shared accommodation and $60 per day for each additional person older than 6 in shared accommodation.
• Instalments and default: A person may apply to pay by instalments (Regulation 13B(1)). The Chief Health Officer may allow weekly, fortnightly or monthly instalments in writing (Regulation 13B(2)). If an instalment is not paid on time, the whole unpaid fee plus interest becomes due and payable (Regulation 13B(3)).

Other duties and rights

• Recognition of interstate orders: Regulation 10 prescribes certain interstate public health Acts for the purposes of the Act’s corresponding law definition, enabling recognition of interstate public health orders.
• Prescribing practitioners for abortion provisions: Regulation 13C expands the class of prescribing practitioners to include endorsed midwives and nurse practitioners for purposes of the Act’s abortion provisions.
• Administrative allowances: Regulation 14 prescribes that persons required to attend an inquiry are to be paid allowances and expenses as if they were witnesses before the State Administrative Tribunal.

The Regulations therefore allocate duties primarily to clinical notifiers and operators of educational/child care institutions, allocate discretionary rights to the Chief Health Officer and authorised officers, and create procedural protections and penalties. Several fines are set at $1 000, and quarantine fees are set by regulation. The Regulations also create a legal pathway for information sharing in emergencies while imposing confidentiality and security constraints on recipients.

The Regulations specify a limited set of monetary penalties and create enforcement mechanics through administrative directions and statutory fees.

Monetary penalties and their direct application

• Fixed fines of $1 000: Several contraventions in Part 2A and Part 3 attract an express monetary penalty of $1 000. These include failure to comply with a CHO direction to provide reports on immunisation status (Regulation 10C(2)), failure to comply with a direction to report on an alleged contracted vaccine‑preventable disease (Regulation 10D(3)), failure to comply with a direction to prevent attendance of a non‑immunised child or to give the required written notice to the responsible person (Regulation 10E(3) and 10E(4)), failure to comply with a CHO closure direction (Regulation 10F(3)), failure to comply with a CHO request for further information under the immunisation reporting rules (Regulation 10G(4)), unlawful further disclosure of relevant information (Regulation 12(2)), and failure to keep disclosed relevant information secure so far as reasonably practicable (Regulation 13).

• Administrative fee enforcement: The quarantine fee structure (Regulation 13A) is enforceable under Act provisions referenced in the Regulations (section 202H(1) and associated provisions). Regulation 13B provides an instalment mechanism but also a direct enforcement mechanism: if an instalment is not paid by the date specified, the whole unpaid fee plus interest becomes due and payable (Regulation 13B(3)). That mechanism converts a missed instalment into immediate liability for the entire balance and interest, which is a contractual‑style enforcement tool embedded in the regulatory scheme.

Mechanisms of enforcement

• Directions with statutory backing: A recurring enforcement device is the CHO’s power to direct institutions and persons to act (Regulations 10C,10F). Directions must be in writing, specify the subject and period, and are backed by express fines for non‑compliance. The Regulations rely on the CHO (and authorised officers) to enforce compliance by issuing directions and, where necessary, pursuing penalties under the Act or Regulations.

• Data and information enforcement: Authorized officers can request additional information from notifiers (Regulation 7). While the Regulations do not specify a distinct fine for refusing to provide information to an authorised officer under Regulation 7, the protections and cross‑references in Regulations 8 and 9 indicate the administrative pathway: authorised officers seek information, notify practitioners, and rely on departmental powers for follow‑up.

• Criminal and civil liability shields: Regulation 8 grants protection from civil or criminal liability to practitioners and pathologists who, in good faith, supply additional information. The combined effect of this protection and the direction and fine regime is to lower the legal risk for clinicians complying with information requests while concentrating enforcement on institutional and personal non‑compliance with directions.

Scope and limits of sanctions

• Monetary penalties are modest and uniform. The $1 000 fines are set at a single amount across different offences, suggesting a regulatory design that emphasises administrative compliance rather than criminal punishment. The Regulations do not provide for higher fines or imprisonment in the text supplied here; any further enforcement options would be found in the Act itself.

• Administrative discretion. Much enforcement relies on the exercise of discretion by the Chief Health Officer and authorised officers. The Regulations prescribe forms, content and direct powers, but they do not in themselves detail adjudicative or review procedures for contesting directions,such mechanisms would be located in the Act or in administrative law generally.

Practical enforcement consequences

• The specified fines, the CHO’s direction powers and the fee/default mechanism create immediate compliance incentives for schools, child care services and persons subject to quarantine fees. The liability protections for clinicians reduce their disincentive to provide extra information to public health authorities. The recognition of interstate corresponding laws (Regulation 10) supports cross‑jurisdictional enforcement and recognition of orders issued elsewhere.

Overall, enforcement under the Regulations mixes modest monetary fines, administrative directions enforceable through the Act’s machinery, and a fee regime with contractual default consequences for quarantine payments. The Regulations rely heavily on central administrative actors to exercise enforcement discretion.

The Regulations are explicitly framed as subordinate instruments operating in close interaction with the Public Health Act 2016 and a range of Commonwealth and other State or Territory laws. The text itself cross‑references several external statutes and implements mechanisms that operate across legal instruments.

Interaction with the Public Health Act 2016

• The Regulations operate to prescribe particulars required by the Act. They repeatedly reference specific sections of the Act. For example, the notification‑related provisions are for the purposes of section 94(5)(b) and (c) of the Act (Regulations 5 and 6). The treatment of “relevant information” for public health emergencies references section 188(1) of the Act (Regulation 11). Fee prescription for hotel quarantine is for the purposes of section 202H(1) of the Act (Regulation 13A), and instalment mechanics are for section 202L under the Act (Regulation 13B). Thus the Regulations provide the granular implementation required by the Act.

Cross‑jurisdictional recognition

• Regulation 10 prescribes a set of interstate public health Acts as “corresponding law” for recognition purposes under section 129(1) of the Act. The Regulations name specific Acts in each jurisdiction (for example, the Public Health Act 2010 (NSW), the Public Health and Wellbeing Act 2008 (Victoria), etc.). This list creates a legal pathway for recognition of interstate public health orders, facilitating cross‑jurisdictional operation of public health orders.

Interaction with Commonwealth immunisation frameworks

• Part 2A of the Regulations imports and cross‑refers to Commonwealth instruments and national clinical guidance. Regulation 10A defines “Australian Immunisation Handbook” and “recognised immunisation provider” by reference to Commonwealth instruments (the Australian Immunisation Handbook approved under the NHMRC Act and the definition in the Australian Immunisation Register Act 2015). Regulation 10AD requires catch‑up schedules to be planned by recognised immunisation providers in accordance with the Australian Immunisation Handbook. Regulation 10AC allows the Chief Health Officer to accept written certification from a recognised immunisation provider about overseas vaccinations. These cross‑references tether the WA regulatory immunisation regime to national clinical guidance and the Commonwealth immunisation register architecture.

Interaction with education law and child welfare statutes

• Regulation 10A defines “government school” by reference to the School Education Act 1999 (WA) and imports multiple statutory definitions from the Children and Community Services Act 2004 for the purpose of defining classes of exempt children (Regulation 10AB). This establishes a direct legal interface between the public health regulatory tools and education and child protection statutes.

Interaction with administrative law and tribunal procedures

• Regulation 14 treats witnesses for inquiries under the Act as if they were witnesses before the State Administrative Tribunal for the purpose of allowances and expenses, importing SAT procedures and rates (Regulation 14).

Repeals and transitional interaction

• Regulation 16 repeals specific earlier regulations, such as the Health (Immunisation by Local Governments) Regulations 2000 and several notification and venereal disease regulations. Regulation 17 creates a transitional bridge allowing ongoing inquiries under the Health (Miscellaneous Provisions) Act 1911 to be completed under the older law despite the commencement of consequential provisions in the Public Health (Consequential Provisions) Act 2016. The compilation table at the end enumerates amendment regulations and commencement dates, which is relevant to temporal application and transition.

Interaction with professional regulation

• Regulations 8 and 9 touch on professional conduct and confidentiality. They operate alongside professional regulatory regimes (for example, the Health Practitioner Regulation National Law) by specifying that disclosures made in good faith to the Chief Health Officer are not to be regarded as breaches of professional ethics or professional standards. Regulation 13C also interacts with the Health Practitioner Regulation National Law by using the term “endorsed midwife” as defined under that national law.

Constraints and delegation

• The Regulations frequently depend on the Chief Health Officer or authorised officers for exercise of discretionary powers. The delegated nature of these powers means the practical interaction with other laws will often depend on administrative practice, internal departmental procedures and any statutory review or appeal rights available under the Act.

In sum, the Regulations are an instrument that operationalises the Act while deliberately drawing on Commonwealth clinical guidance and national statutory architectures for immunisation, and on other State statutes for definitions and transitional arrangements. They create interlocking obligations across public health, education, emergency management and professional regulation.

The Regulations include a compilation table that records multiple amendment instruments, insertion of new headings and particular provisions, and commencement dates. The Regulations were initially published on 19 September 2017, with Part 1 commencing on that date and the rest commencing on 20 September 2017 (see the compilation table and Regulation 2).

Key amendment moments recorded in the Regulations are:

• 2018 amendments: Public Health Amendment Regulations 2018 were published 7 December 2018 and certain parts commenced on 1 January 2019 (compilation table). These amendments inserted Part 2A (immunisation status of children) and related provisions (as indicated by the inserted heading dated Gazette 7 Dec 2018), introducing the reporting and exclusion powers located at Regulations 10A,10G.

• 2019 amendments: Public Health Amendment Regulations 2019 were published 19 July 2019 and brought into force on or about 22 July 2019 for most provisions. These amendments inserted Regulation 2A (services excluded from the meaning of child care service) and also inserted Regulations 4A and other clarifying changes (see annotations “Regulation 2A inserted: Gazette 19 Jul 2019” and “Regulation 4A inserted: Gazette 19 Jul 2019”).

• 2020 amendments: SL 2020/154 (11 September 2020) inserted Regulation 13A and 13B prescribing quarantine fees and instalment payment procedures; these came into operation 12 September 2020 for most parts. These amendments are annotated in the body of the Regulations (Regulations 13A and 13B inserted: SL 2020/154 r. 4).

• 2021 amendments: There are two amendment instruments in 2021 recorded in the compilation table: SL 2021/47 (7 May 2021) and SL 2021/122 (16 July 2021). Regulation 3 was amended by SL 2021/122 (r. 4) among others, indicating updates to the notifiable diseases Table were made.

• 2023 amendments: SL 2023/38 (5 May 2023), SL 2023/136 (23 Aug 2023) and SL 2023/151 (4 Oct 2023) amended Regulation 3 to update the notifiable diseases list (as indicated by the marginal notes “Regulation 3 amended: SL 2023/38 r. 4; SL 2023/136 r. 4; SL 2023/151 r. 4”).

• 2024 amendments: Health Regulations Amendment (Abortion Legislation Reform) Regulations 2024 Pt. 4 (SL 2024/20) inserted Regulation 13C (prescribing endorsing midwives and nurse practitioners as classes of prescribing practitioners) and commenced 27 March 2024 for the substantive amendments.

• 2025 amendments: SL 2025/45 amends Regulation 3 (see marginal note) and is recorded in the compilation table as published 19 March 2025 and mostly commencing 20 March 2025.

The compilation table records commencement details for each amendment instrument and indicates which provisions of the Regulations were changed. Several insertions and deletions are annotated inline (for example, the deletion of Regulation 10B and various inserted headings and regulations). The table, as printed at the end of the Regulations, is itself the source record for amendment history up to 2025.

The practical effect of these amendments has been to extend and clarify the notifiable disease list over time, insert an immunisation reporting and exclusion regime in 2018/2019, to create a statutory quarantine fee and payment procedure in 2020, and to adjust who may prescribe under the abortion provisions in 2024. Each amendment is formally recorded with Gazette or SL instrument references and commencement dates, so parties should check the compilation table for chronological application of individual provisions and transitional arrangements.

The Regulations text supplied does not record any litigation, judicial decisions, or tribunal determinations that have interpreted or challenged the Regulations. The document contains no case names, citations to judicial decisions, or summaries of litigation. The compilation table lists only statutory amendment instruments and commencement dates, not judicial activity.

Practitioners seeking authority on how these Regulations have been applied, or legal challenges to specific directions or penalties under the Regulations, will need to consult case law databases, administrative decisions or tribunal records outside the text of the Regulations. The Regulations themselves anticipate administrative decision‑making by the Chief Health Officer and authorised officers, but they do not set out internal appeal routes or judicial review procedures within this instrument; review rights (if any) will be governed by the Act, general administrative law and any relevant statutory review mechanisms.

Because Regulation 14 ties inquiry witness allowances to State Administrative Tribunal witness rates, there may be an indirect procedural overlay if inquiries generate contestable decisions, but the Regulations provide no litigation history or precedent guidance within their text. Users should therefore treat the absence of litigation material in this instrument as simply the absence of that content in the Regulations, and consult external legal sources for litigation history or judicial interpretation.

The Regulations contain multiple provisions where small technical details produce outsized practical consequences. These are the main points to watch.

• “Current” immunisation period is short. Regulation 10AA prescribes the period for the definition of “current” as 2 months. This is a precise timeframe used in the Act’s immunisation status tests; administrative practice must align record‑keeping and reporting systems to a 2‑month lookback. Failure to apply the prescribed period could lead to erroneous status assessments and consequent CHO directions under Regulation 10E.

• Exempt classes are narrowly specified. Regulation 10AB lists specific classes of exempt children (for example Aboriginal and Torres Strait Islander children, children in need of protection, children in crisis accommodation, evacuated children, humanitarian visa children who entered Australia within 6 months). The exemption depends on particular statutory definitions (for example the Children and Community Services Act 2004). Schools and child care services must verify that a child actually meets the statutory criteria at the time of enrolment; the Regulations require the child to meet the description “at the time of enrolment” (Regulation 10AB(3)).

• CHO directions are written and time‑limited. Directions to exclude a non‑immunised child, to close a facility, or to produce reports must be in writing and specify the vaccine and the period (Regulations 10E(2) and 10F(2)). Written formality matters for enforceability and for compliance and potential review. Operators must preserve the written direction and ensure that the specified period is adhered to.

• Penalties are modest but immediate. A $1 000 fine applies to a range of contraventions (Regulations 10C(2), 10D(3), 10E(3) and (4), 10F(3), 10G(4), 12(2) and 13). The uniform fine level may appear low relative to operational costs of closure or exclusion. However the potential economic consequences of complying with a directive (for example closure of a whole school) are not monetarily capped by these fines; they are administrative compliance tools rather than compensatory mechanisms.

• Notification data demands are extensive. Regulation 6 prescribes a long list of patient data items required for most notifications (country of birth, language spoken at home, Indigenous status, occupation, school attended, date of onset, likely place of acquisition, details of diagnosis, symptoms and treatment, hospitalisation). These items extend the informational burden on notifying clinicians and on institutional record systems. A separate, more detailed list is prescribed for adverse events following immunisation (Regulation 6(3)). Clinics and laboratories must ensure forms and data flows capture these fields or use the HIV infection notification form for HIV matters as referenced (Regulation 6(4) and (5)).

• Liability protection is conditional on good faith. Regulation 8 immunises practitioners from civil/criminal liability for providing additional information only where they act “in good faith”. That qualitative standard is not further defined in the Regulations and could invite later factual or legal scrutiny if professional disciplinary or civil claims arise.

• Quarantine fees and instalment default mechanics. The quarantine fees are explicit (Regulation 13A). The instalment scheme enables flexibility (Regulation 13B), but Regulation 13B(3) converts a single missed instalment into immediate whole balance plus interest. That can produce a sudden financial acceleration of liability; persons granted instalments should be warned of that mechanism.

• Recognition of interstate orders is limited to prescribed Acts. Regulation 10 lists specific State and Territory public health statutes as corresponding law for recognition purposes. Orders from jurisdictions whose Acts are not named are not automatically within the prescribed list and may require separate legal consideration.

• Scope of services excluded from child care definition. Regulation 2A excludes services identified in the Education and Care Services National Regulations and outside school hours or holiday care. That exclusion may change which pieces of regulation apply to providers and could create uncertainty unless operators confirm their status against the specific national regulation references.

• Information security standard is “reasonably practicable”. Regulation 13 requires recipients of relevant information to keep it secure “so far as it is reasonably practicable to do so”. This introduces a fact‑sensitive standard rather than an absolute technical security benchmark; operational guidance and departmental policies will be necessary to define the practical security measures expected.

• CHO discretionary power without internal detail in Regulations. The Regulations empower the Chief Health Officer to issue various directions but do not prescribe procedural safeguards, review pathways or timeframes beyond the requirement that directions be in writing and specify a period. Parties affected by CHO directions should map administrative review routes under the Act or the Administrative Decisions (Judicial Review) Act 1977, and maintain records of communications and directions.

Attentiveness to terminology, timelines and formality requirements in the Regulations is crucial. Administrative practice that neglects these granular requirements is likely to trigger avoidable compliance costs or enforcement action.

Below are concrete, source‑grounded steps and risk‑mitigating actions for entities directly affected by the Regulations. Each step cites the relevant regulation.

Notification compliance (Regulations 3, 4, 5, 6, 7)

• Update clinical notification templates to capture all items prescribed in Regulation 6 for notifiable infectious diseases and related conditions, including country of birth, language at home, Indigenous status, occupation, educational institution attended where relevant, date of onset, probable place of acquisition, diagnostic basis, clinical presentation, treatment, and hospitalisation status. For adverse events following immunisation, ensure the specialised items in Regulation 6(3) are included (vaccine details, time from vaccination to symptom onset, clinical management, provider details, reporter details).
• Respect the specific exemptions in Regulation 5: do not require email addresses generally and do not collect telephone numbers or email addresses for HIV notifications where Regulation 5 permits omission. Use the HIV infection notification form referenced in Regulation 6(5).
• If an authorised officer requests further information under Regulation 7, provide the specific categories of information listed (clinical history, vaccination status, travel history, laboratory testing) so far as they are available and accurate; rely on Regulation 8 when providing additional information in good faith, understanding that that regulation protects against civil and criminal liability for such disclosures.

School, community kindergarten and child care provider compliance (Regulations 2A and 10A,10G)

• Determine whether your service falls within the Regulations’ definition of child care service or within the excluded services in Regulation 2A by checking against the Education and Care Services National Regulations and the outside school hours care definitions.
• If you are a person in charge of a school, community kindergarten or child care service, establish processes for receiving and storing immunisation documentation, and for responding to a written direction from the Chief Health Officer to (a) supply an approved form report on immunisation status (Regulation 10C), (b) report suspected contracted vaccine‑preventable disease (Regulation 10D), or (c) prevent attendance by a non‑immunised child and give the prescribed written notice (Regulation 10E).
• Ensure any direction from the CHO is handled as a formal administrative instrument: record the written direction, the disease specified and the period, and comply within the times and manner directed to avoid the $1 000 penalty. Maintain contact details for responsible persons for each child, since the CHO may request those (Regulation 10G(3)(b)).
• If the CHO directs closure under Regulation 10F, comply and maintain documentation of the direction and any steps taken to mitigate the operational impact.

Data security and emergency disclosures (Regulations 11,13)

• For recipients of relevant emergency information, implement a record‑keeping and access governance regime that satisfies the “reasonably practicable” security requirement in Regulation 13. This should include an access log, encryption where feasible, and protocols for limiting onward disclosure to what is reasonably necessary for emergency management as required by Regulation 12(2).
• If an emergency officer seeks to disclose relevant information to your organisation as a welfare services provider, confirm in writing the scope of the disclosure and the permitted onward uses, and restrict any further disclosure in accordance with Regulation 12.

Quarantine payments (Regulations 13A and 13B)

• If responsible for processing quarantine fees, implement billing systems that apply the rates set out in Regulation 13A: $180 per day for single occupancy, $180 per day for the first person in shared accommodation and $60 per day for each additional person older than 6.
• Establish an instalment application and decision process consistent with Regulation 13B: accept written applications, issue a written notice if instalments are approved specifying weekly, fortnightly or monthly instalments, and include a clear statement that default on any instalment will render the whole unpaid balance and interest immediately due as per Regulation 13B(3).

Professional and liability considerations (Regulations 8 and 9)

• Clinicians providing additional notification information should document that disclosures are made in good faith and in the public interest to rely on Regulation 8 protections. Maintain contemporaneous records of the information given, the request made by an authorised officer and the public health rationale articulated.
• Organisations receiving disclosures under Regulation 9 should treat that information as usable under section 298 of the Act (as applied by Regulation 9) and ensure internal policies permit such authorised use in the course of duty, noting the liability protections for good faith disclosures.

Operational readiness for CHO directions and reporting (Regulations 10C,10G)

• Develop a workflow for responding to CHO directions: a central point of contact for the Department, a compliance officer to collate required data, and templates for the approved reporting forms the Chief Health Officer may approve.
• For immunisation catch‑up plans, use recognised immunisation providers and plan catch‑up schedules in accordance with the Australian Immunisation Handbook to meet the Regulation 10AD standard.

Administrative and cross‑jurisdictional matters (Regulation 10)

• If receiving or implementing interstate public health orders, confirm whether the issuing jurisdiction’s Act is listed in Regulation 10; if so, the order can be treated as corresponding law for recognition purposes. Where orders originate in Acts not listed, seek legal advice on recognition and enforcement.

Records and audit readiness

• Keep robust records of all written directions from the CHO, notifications made under the Act, further information requested by authorised officers, and any disclosures of relevant information made in emergency contexts. Such records will be essential if administrative decisions are reviewed or if questions arise about good faith.

Training and policies

• Train clinical staff and administrative staff on the notification items listed in Regulation 6 and on the limits in Regulation 5. Provide data security training for staff handling relevant emergency information and ensure that privacy impact assessments and data retention policies reflect the reasonable practicability standard in Regulation 13.

By following these concrete steps grounded in the cited Regulations, entities can reduce legal risk and operational friction. Where the Regulations call for written directions or CHO discretion, maintain documentary evidence and, when in doubt, request clarifying written directions to secure a formal administrative record.