Div 2Chief Public Health Officer

Division 2—Chief Public Health Officer 20—Office of Chief Public Health Officer (1) There will be a position of Chief Public Health Officer. (2) The Governor will make an appointment to the position of Chief Public Health Officer on the recommendation of the Minister. (3) A person appointed as the Chief Public Health Officer must have qualifications and experience in the field of public health, or a related field, determined by the Minister to be suitable for the purposes of appointment to the position of Chief Public Health Officer. (4) The terms on which a person is appointed to the position of Chief Public Health Officer will be determined by the Governor. (5) The position of Chief Public Health Officer may be held by a member of the Public Service. 21—Functions of Chief Public Health Officer (1) The Chief Public Health Officer's functions are as follows: (a) to develop and implement strategies to protect or promote public health; (b) to ensure that this Act, and any designated health legislation, are complied with; (c) to advise the Minister and the Chief Executive of the Department about proposed legislative or administrative changes related to public health, and about other matters relevant to public health; (d) to establish and maintain a network of health practitioners and agencies designed to foster collaboration and coordination to promote public health and the furtherance of the objects of this Act; (e) at the request of the Minister or on the Chief Public Health Officer's own initiative, to investigate and report on matters of public health significance; (f) after advising the Minister and the Chief Executive of the Department, to make public statements on matters relevant to public health; (g) any other functions assigned to the Chief Public Health Officer by this Act or any other Act or by the Minister. (2) The Chief Public Health Officer must, in the performance of functions under this Act, insofar as the Chief Public Health Officer thinks necessary and appropriate, consult with other persons or bodies involved in the administration of this Act. (3) In subsection (1)— designated health legislation means— (a) any other Act committed to the administration of the Minister that is relevant to the objects or operation of this Act; and (b) any other Act, or any part of any other Act, designated by the regulations for the purposes of this paragraph. 22—Risk of avoidable mortality or morbidity (a) the Chief Public Health Officer becomes aware of the existence of, or potential for the occurrence of, a situation putting a section of the community or a group of individuals at an increased risk of avoidable mortality or morbidity; and (b) the Chief Public Health Officer considers that effective solutions exist for the reduction or elimination of those risks, the Chief Public Health Officer may request the participation of any public authority whose intervention may be useful in identifying or producing a response to the circumstances being faced. (2) A public authority that receives a request under subsection (1) must consider the request and then respond to the Chief Public Health Officer within a reasonable time. (3) A response under subsection (2) must include details about— (a) any steps already being taken by the public authority that may be relevant in the circumstances; and (b) any plans that the public authority may have that may be relevant in the circumstances; and (c) any steps that the public authority is willing to take in the circumstances; and (d) any other matter relating to the public authority that appears to be relevant. (4) The Chief Public Health Officer— (a) must advise the Minister if or when— (i) the Chief Public Health Officer makes a request of a public authority under subsection (1); or (ii) a public authority provides a response under subsection (2); and (b) without limiting paragraph (a), must take reasonable steps to advise the Minister from time to time on action being taken to address any situation that puts a section of the community or a group of individuals at an increased risk of avoidable mortality or morbidity. 23—Biennial reporting by Chief Public Health Officer (1) The Chief Public Health Officer is required to prepare a written report every 2 years about— (a) public health trends, activities and indicators in South Australia; and (b) the implementation of the State Public Health Plan; and (c) the administration of this Act. (2) A report must also address any issue identified by the Minister for inclusion in the report. (3) A report must be furnished to the Minister within 3 months after it is prepared. (4) The Minister must, within 12 sitting days after receipt of a report under this section, cause a copy of the report to be laid before both Houses of Parliament. 24—Delegation (1) The Chief Public Health Officer may delegate a function or power conferred on the Chief Public Health Officer under this or any other Act— (c) is revocable at will and does not prevent the delegator from acting personally in a matter; and (d) to avoid doubt, may include acting as the presiding member of SAPHC. 25—Appointment of Acting Chief Public Health Officer (1) If the Chief Public Health Officer is temporarily absent, or the Chief Public Health Officer's position is temporarily vacant, the Chief Executive may assign a suitable person to act in the Chief Public Health Officer's position during the absence or vacancy. (2) The terms on which a person is appointed will be determined by the Chief Executive after consultation with the Minister. (3) A member of the Public Service may be appointed under this section. (4) A person appointed to act in the Chief Public Health Officer's position has, while so acting, all the functions and powers of the Chief Public Health Officer.