What it does
The South Australian Public Health Act 2011 establishes a comprehensive framework for protecting and promoting public health in South Australia. Its objects, set out in section 4, include promoting health and well-being, preventing disease and injury, protecting individuals and communities from risks to public health, ensuring a healthy environment especially for disadvantaged communities, developing early detection and management measures, providing information, encouraging planning for healthy environments, supporting policies and programs for vulnerable groups including Aboriginal and Torres Strait Islander peoples, monitoring diseases of public health significance, collecting information for research and public health purposes, and establishing a scheme for State and local government functions. The Act replaces the Public and Environmental Health Act 1987, as indicated in the legislative history.
The Act is guided by a set of principles in Part 2 that must be considered in its administration (section 5). These include the precautionary principle (section 6): if there is a perceived material risk to public health, lack of full scientific certainty should not postpone measures to prevent or abate that risk. The proportionate regulation principle (section 7) requires regulatory measures to minimise adverse impacts on business and community while protecting public health. The sustainability principle (section 8) considers public health, social, economic and environmental factors with future generations in mind. The principle of prevention (section 9) requires decisions and actions to consider how risks can be prevented. The population focus principle (section 10) focuses on the health of populations, but also considers individuals. The participation principle (section 11) encourages individuals and communities to take responsibility for their own health. The partnership principle (section 12) requires collaboration across sectors and levels of government. The equity principle (section 13) requires that decisions not unduly disadvantage individuals or communities and that health disparities be addressed. Sections 14 sets out specific principles for Part 10 (controlled notifiable conditions) and Part 11 (emergencies), including the overriding right of the community to be protected from persons whose infectious state presents a risk, the responsibility of individuals with controlled notifiable conditions to avoid placing others at risk, and a series of entitlements for persons subject to orders including privacy, dignity, participation in decisions, least restrictive means, and adequate care and communication.