Div 4Councils

Division 4—Councils 37—Functions of councils (1) A council is the local public health authority for its area. (2) In connection with subsection (1), the following functions are conferred on a council by this Act: (a) to take action to preserve, protect and promote public health within its area; (b) to cooperate with other authorities involved in the administration of this Act; (c) to ensure that adequate sanitation measures are in place in its area; (d) insofar as is reasonably practicable, to have adequate measures in place within its area to ensure that activities do not adversely affect public health; (e) to identify risks to public health within its area; (f) as necessary, to ensure that remedial action is taken to reduce or eliminate adverse impacts or risks to public health; (g) to assess activities and development, or proposed activities or development, within its area in order to determine and respond to public health impacts (or potential public health impacts); (h) to provide, or support the provision of, educational information about public health and to provide or support activities within its area to preserve, protect or promote public health; (i) such other functions assigned to the council by this Act. 38—Immunisation services (1) In addition to its other functions, a council must provide, or support the provision of, immunisation programs for the protection of public health within its area. (2) Services associated with the provision of immunisation programs will be provided with the support of the Department. (3) The Minister must take reasonable steps to enter into and maintain a memorandum of understanding with the LGA about the provision of immunisation services and support under this section. 39—Cooperation between councils (1) A council may, in performing its functions or exercising its powers under this Act, act in conjunction or partnership with, or cooperate or coordinate its activities with, 1 or more other councils. (2) The Chief Public Health Officer may request a council to cooperate with 1 or more other councils if the Chief Public Health Officer considers that the councils share a common area of concern. (3) If a council receives a request under subsection (2), the council must, within 28 days after receiving the request or such longer period as the Chief Public Health Officer may specify, furnish the Chief Public Health Officer with a written report on the action that the council intends to take in response to the request. 40—Power of Chief Public Health Officer to act (a) the Chief Public Health Officer considers that a public health risk exists that has significance in relation to the areas of 2 or more councils; or (b) the Chief Public Health Officer considers that action under this section is warranted in order to support or enhance the Minister's functions to preserve, protect or promote public health within the State, the Chief Public Health Officer may exercise any power conferred on a council under this Act (as if the Chief Public Health Officer were a council). (2) Subject to subsection (3), before taking action under subsection (1) the Chief Public Health Officer must take reasonable steps to consult with the council or councils for the area or areas where the Chief Public Health Officer intends to act, and with SAPHC. (3) If the Chief Public Health Officer considers that urgent action is required, the Chief Public Health Officer may, after informing the Minister of his or her proposed course of action, take action under subsection (1) without complying with subsection (2) (but the Chief Public Health Officer must then, within a reasonable time after taking the action, advise the relevant council or councils of the action that has been taken). 41—Council failing to perform a function under Act (1) If, in the opinion of the Minister, a council has failed, in whole or in part, to perform a function conferred on the council under this Act, the Minister may consult with the council in relation to the matter. (2) If, after consulting under subsection (1), the Minister considers that the council's failure is significant, the Minister may, after consulting with SAPHC, direct the council to perform a function under this Act. (3) A direction under subsection (2)— (a) must be in writing; and (b) must set out the grounds on which the Minister is acting; and (c) must set out the action that the Minister considers should be taken by the council. (4) The Minister must cause a copy of the direction to be published in the Gazette within a reasonable time after it is furnished to the council. (5) If a council fails to comply with a direction under this section, the Minister may, by notice served on the council, withdraw powers of the council under this Act and transfer them to the Chief Public Health Officer (and any such notice will have effect according to its terms). (6) Before taking action under subsection (5)— (a) the Minister must, by notice in writing— (i) inform the council of the Minister's proposed course of action (setting out the grounds on which the action is proposed); and (ii) invite the council to make written submissions to the Minister in relation to the matter within a period specified by the Minister; and (b) if the council so requests in its written submissions to the Minister—the Minister must discuss the matter with a delegation representing the council; and (c) the Minister must, at such time as the Minister thinks fit, consult with the Chief Public Health Officer and SAPHC. (7) The Minister must cause a copy of the notice under subsection (5) to be published in the Gazette within a reasonable time after it is served on the council. (8) A member of the staff of the council must comply with any request or direction of the Chief Public Health Officer in or in connection with the exercise of a power transferred to the Chief Public Health Officer under this section. (9) Insofar as is reasonably practicable, the Chief Public Health Officer must give any direction under subsection (8) through the chief executive officer of the council. (10) The Chief Public Health Officer, or a person acting under the authorisation of the Chief Public Health Officer, is entitled to make use of the equipment or facilities of the council, without any other authority, in connection with the exercise of a power transferred to the Chief Public Health Officer under this section. (11) An act of the Chief Public Health Officer in the exercise of a power transferred to the Chief Public Health Officer will be taken to be an act of the council. (12) The Chief Public Health Officer must, in acting under this section, have due regard to the role and responsibilities of the council to its community in other respects. (13) The Minister may recover as a debt costs and expenses reasonably incurred in the Chief Public Health Officer exercising powers under this section from the council. (14) The Minister may, after consultation with the Chief Public Health Officer and SAPHC, by notice served on the council, vary or revoke a notice under subsection (5). (15) The Minister must cause a notice under subsection (14) to be published in the Gazette within a reasonable time after it is served on the council. (16) In this section— function includes a power or duty. 42—Transfer of function of council at request of council (1) A council may request that a function of the council under this Act be performed by the Chief Public Health Officer. (2) A request under subsection (1)— (a) must be made to the Minister; and (b) must be in writing; and (c) must be accompanied or supported by such information that the Minister may require. (3) The Minister must, after receiving a request, consult with the Chief Public Health Officer and SAPHC. (4) The Minister may then, if the Minister thinks fit, by notice in the Gazette, transfer a specified function of the council to the Chief Public Health Officer (and any such notice will have effect according to its terms). (5) A member of the staff of the council must comply with any request or requirement of the Chief Public Health Officer in or in connection with the performance of a function transferred to the Chief Public Health Officer under this section. (6) Insofar as is reasonably practicable, the Chief Public Health Officer must impose any requirement under subsection (5) through the chief executive officer of the council. (7) The Chief Public Health Officer, or a person acting under the authorisation of the Chief Public Health Officer, is entitled to make use of the equipment or facilities of the council, without any other authority, in connection with the performance of a function transferred to the Chief Public Health Officer under this section. (8) An act of the Chief Public Health Officer in the performance of a function transferred to the Chief Public Health Officer will be taken to be an act of the council. (9) The Chief Public Health Officer must, in acting under this section, have due regard to the role and responsibilities of the council to its community in other respects. (10) The Minister may recover costs and expenses associated with the Chief Public Health Officer acting under this section under an agreement with the council. (11) The Minister may, at the request of the council, or on the Minister's own initiative after consultation with the council, the Chief Public Health Officer and SAPHC, vary or revoke a notice under subsection (4) by further notice in the Gazette. (12) In this section— function includes a power or duty.