Part 13Miscellaneous

Part 13—Miscellaneous 97—Tests on deceased persons (1) If the Chief Public Health Officer has reasonable grounds to believe that a deceased person has had a condition of public health concern, the Chief Public Health Officer may, by instrument in writing, authorise the carrying out of any test or procedure specified in the instrument on the body of the deceased person. (2) If the Chief Public Health Officer has authorised the carrying out of a test or procedure under this section, an authorised officer, accompanied by such assistants as the authorised officer thinks necessary, may— (a) enter premises (using such force as is necessary) in which the authorised officer reasonably believes the body of the deceased person is located; and (b) search the premises for the body, and, on finding the body, the authorised tests or procedure may be carried out in accordance with this section. (3) However, an authorised officer must not exercise a power to enter premises under subsection (2) unless— (a) the authorised officer has made a reasonable attempt to contact the occupier of the premises and advise the occupier of the intention to exercise such powers; and (b) if force is required to enter premises—the authorised officer is accompanied by a police officer. (4) A test or procedure authorised under this section must be carried out by— (a) a medical practitioner; or (b) a person who is qualified as required by the regulations to carry out tests or procedures of the relevant type. (5) A person carrying out a test or procedure under this section may be assisted by any other person. (6) Nothing in this section authorises the exhumation of a body. 98—Delegation by Chief Executive (1) The Chief Executive may delegate a function or power conferred on the Chief Executive under this Act— 99—Confidentiality (1) If a person, in the course of official duties, obtains personal information relating to another, the person must not intentionally disclose that information except to the extent that the person is authorised to do so under subsection (2). (2) A person is authorised to disclose information if the person is— (a) disclosing information in the course of official duties, or for any other purpose connected with the administration of this Act or a law of another State or a Territory of the Commonwealth or of the Commonwealth; or (b) disclosing information as required by law; or (c) without limiting paragraph (b), disclosing information as required by a court or tribunal constituted by law; or (d) disclosing information at the request, or with the consent, of the person to whom the information relates or a guardian or medical agent of the person; or (e) disclosing information to a relative, carer or friend of the person to whom the information relates if— (i) the disclosure is reasonably required for the treatment, care or recovery of the person; and (ii) there is no reason to believe that the disclosure would be contrary to the person's best interests; or (f) subject to the regulations (if any)— (i) disclosing information to a health or other service provider if the disclosure is reasonably required for the treatment, care or recovery of the person to whom the information relates; or (ii) disclosing information by entering the information into an electronic records system established for the purpose of enabling the recording or sharing of information between persons or bodies involved in the provision of health services; or (iii) disclosing information to such extent as is reasonably required in connection with the management or administration of a hospital or ambulance service; or (g) without limiting a preceding paragraph, disclosing information to the extent to which it is reasonably necessary— (i) to provide treatment to the person; or (ii) to prevent the transmission of any disease constituting a controlled notifiable condition; or (h) without limiting a preceding paragraph, disclosing information if the disclosure is reasonably required to lessen or prevent a serious threat to the life, health or safety of a person, or a serious threat to public health; or (i) disclosing information for medical, research or statistical purposes if— (i) there is no reason to believe that the disclosure would be contrary to the person's best interests; and (ii) the disclosure is of a kind approved by the Chief Public Health Officer for the purposes of this paragraph; or (ia) disclosing information in accordance with an authorisation of the Chief Public Health Officer; or (j) disclosing information in accordance with the regulations. (3) Subsection (2)(e) does not authorise the disclosure of information in contravention of a direction given by the person to whom the information relates. (4) In this section— domestic partner—a person is a domestic partner of another if the person is a domestic partner of the other within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not; personal information means— (a) medical information; or (b) information relating to a person's personal affairs; relative—a person is a relative of another if the person is a spouse, domestic partner or parent of the other of or over 18 years of age or a brother, sister, son or daughter of the other. 100—Confidentiality and provision of certain information (1) This section applies to a person employed or engaged by the State for the purpose of— (a) monitoring public health in the State; or (b) investigating public health problems within the State; or (c) assessing and improving the quality of public health in the State. (2) The Minister may, by instrument in writing, authorise a person to whom this section applies to have access to personal information relating to the performance of any function referred to in subsection (1). (3) Personal information may be disclosed to a person authorised under subsection (2), and to any person providing technical, administrative or secretarial assistance to that person, without breach of any law or any principle of professional ethics. (4) A person must not disclose personal information obtained directly or indirectly pursuant to this section unless— (a) the disclosure is made in the course of official duties; or (b) the disclosure is made with the consent of the person to whom the information relates; or (c) the disclosure is required by a court or tribunal constituted by law; or (d) the disclosure is authorised under the regulations. (5) In this section— personal information means— (a) medical information; or (b) information relating to a person's personal affairs. 101—Service of notices or other documents (1) Subject to this section, if this Act requires or authorises a notice, order or other document to be served on, or given to, a person, the notice, order or document may— (a) be served on, or given to, the person or an agent of the person; or (b) be left for the person at his or her place of residence or business with someone apparently over the age of 16 years; or (c) be sent by post to the person or an agent of the person at his or her last known address; or (d) if the notice, order or document is to be served on the owner of land, the land is unoccupied, and the person seeking to serve the notice, order or document has taken reasonable steps to effect service under the other paragraphs of this subsection but has been unsuccessful—be served by fixing it to some conspicuous part of the land; or (e) if the notice, order or document is to be served on the occupier of land—be sent by post to the occupier at the address of the land; or (f) be served on the person by fixing it to, or leaving it on, a vessel that the person is apparently in charge of, or expected to board at some stage, if the person giving or serving the notice, order or document has reasonable grounds to believe that service in this manner will bring the notice, order or document to the attention of the person to be served; or (g) be sent to the person by fax or email to a fax number or email address provided by the person (in which case the notice, order or document will be taken to have been served or given at the time of transmission); or (h) be served or given in some other manner prescribed by the regulations. (2) Without limiting subsection (1), a notice, order or document to be served on or given to a company or registered body within the meaning of the Corporations Act 2001 of the Commonwealth may be served or given in accordance with that Act. (3) Subject to the regulations, a notice, order or document required or authorised to be given to an owner of land may, if it is to be served personally, be served on the owner, one of any joint owners, or the agent of the owner. (4) Subject to this section, an order under Part 10 must be served personally on the relevant person. (5) In the event that personal service of an order under Part 10 is not reasonably practicable, such an order may be served in a manner contemplated by subsections (1)(a), (b) or (c). (6) Subsection (4) does not apply to a written notice confirming an oral order made under Part 10. 102—Immunity (1) No personal liability attaches to— (a) the Chief Public Health Officer or Chief Executive; or (b) a member of a body constituted under this Act; or (c) an authorised officer or any other person engaged in the administration of this Act, for an honest act or omission in the performance, exercise or discharge, or purported performance, exercise or discharge, of a function, power or duty under this Act. (2) Subject to subsection (3), a liability that would, but for subsection (1), lie against a person lies instead against the Crown. (3) A liability that would, but for subsection (1), lie against an officer, employee, agent or contractor of a council lies instead against the council. (4) In addition, no action lies against a person (or an employer or contracting party with respect to a person) who in good faith and with reasonable care— (a) takes a sample of blood, urine or other material in accordance with this Act; or (b) conducts a test for the purposes of this Act; or (c) provides a report about any test results under this Act. 103—Protection from liability (1) A failure by a designated authority to perform a function under this Act, or a breach of a duty imposed on a designated authority under this Act, does not give rise to any civil liability. (2) In this section— designated authority means— (a) the Minister; or (b) the Chief Public Health Officer; or (c) a council; or (d) SAPHC. 103A—COVID-19—Crown immunity Despite any other provision of this Act or any other Act or law, no liability attaches to the Crown in respect of— (a) any acts or omissions in connection with— (i) the performance, exercise or discharge, or purported performance, exercise or discharge, of a function, power or duty under this Act; or (ii) the carrying out, or purported carrying out, of any order, requirement or direction given or imposed, or purportedly given or imposed, in accordance with this Act; or (b) any failure to exercise or discharge a function, power or duty under this Act, in relation to the outbreak of the human disease named COVID‑19 within South Australia (whether the relevant acts or omissions or failure occurred before or after the commencement of this section). 104—False or misleading information A person must not, in connection with a requirement or direction imposed by or under this Act, provide any information or produce or furnish any document that is false or misleading in a material particular. 105—Offences (1) Proceedings for an offence against this Act may only be commenced by— (a) the Minister; or (b) the Director of Public Prosecutions; or (c) the Chief Public Health Officer; or (d) an authorised officer; or (e) the chief executive officer of a council; or (f) a police officer; or (g) a person acting on the written authority of the Minister. (2) An apparently genuine document purporting to be under the hand of the Minister and to authorise the commencement of proceedings under this Act must be accepted in legal proceedings, in the absence of proof to the contrary, as proof of an authorisation under subsection (1)(g). 106—Offences by bodies corporate (1) If a body corporate is guilty of a prescribed offence, each director of the body corporate is guilty of an offence and liable to the same penalty as is prescribed for the principal offence unless the director proves that he or she could not by the exercise of due diligence have prevented the commission of the offence. (2) If a body corporate is guilty of an offence against section 57(3), each member of the governing body of the body corporate is guilty of an offence and liable to the same penalty as is prescribed for the principal offence when committed by a natural person if the prosecution proves that— (a) the member knew, or ought reasonably to have known, that there was a significant risk that such an offence would be committed; and (b) the member was in a position to influence the conduct of the body corporate in relation to the commission of such an offence; and (c) the member failed to exercise due diligence to prevent the commission of the offence. (3) In this section— prescribed offence means an offence against section 57(1), 57(2), 58 or 92(10). 107—Continuing offences (1) If an offence against a provision of this Act is committed by a person by reason of a continuing act or omission— (a) the person is liable, in addition to the penalty otherwise applicable to the offence, to a penalty for each day during which the act or omission continues of not more than an amount equal to one fifth of the maximum penalty prescribed for that offence; and (b) if the act or omission continues after the person is convicted of the offence, the person is guilty of a further offence against that provision and liable, in addition to the penalty otherwise applicable to the further offence, to a penalty for each day during which the act or omission continues after that conviction of not more than an amount equal to one fifth of the maximum penalty prescribed for that offence. (2) For the purposes of this section, an obligation to do something is to be regarded as continuing until the act is done notwithstanding that any period within which, or time before which, the act is required to be done has expired or passed. 108—Evidentiary provision (1) In any proceedings, if the court, Review Panel or Tribunal is satisfied that a designated entity has assessed a risk to public health in connection with the administration or operation of this Act, the court, Review Panel or Tribunal (as the case requires) must, in the absence of proof to the contrary, accept that assessment as evidence of the fact that a risk to public health existed or has occurred and, insofar as may be reasonably demonstrated by that assessment, the extent or significance of the risk. (2) In this section— designated entity means— (b) an authorised officer; or (c) a council. 109—Regulations (1) The Governor may make such regulations as are contemplated by this Act or as are necessary or expedient for the purposes of this Act. (2) Without limiting the generality of subsection (1), those regulations may— (a) require the furnishing of reports (including technical or expert reports), returns, documents or other forms of information relevant to public health (including the management of any system or infrastructure associated with public health) to the Chief Public Health Officer or other prescribed person or body; (b) require the keeping of records, statistics and other forms of information by any person or body that performs a function under or pursuant to this Act (and the provision of reports based on that information); (c) prohibit, restrict or regulate the manufacture, possession, transport, storage, use or disposal of any substance, material or equipment that may create a risk to public health; (d) provide for the removal or destruction of any material, substance or equipment that creates a risk to public health; (e) set standards or procedures that must be observed to protect public health (including with respect to the management or inspection of any infrastructure or other facility) and provide for public health planning (including in connection with the operation of any other Act); (f) prohibit, restrict or regulate any activity, or the use or sale of any substance, equipment or material, or the use or installation of any infrastructure, that is relevant to the management of public health; (g) prescribe information that must be provided to any person or body in relation to any activity, or the use of any substance, equipment or material, that is relevant to the management of public health; (h) authorise or require the taking of specified measures to prevent the occurrence or spread of any notifiable condition; (i) authorise or require the taking of specified measures to manage any non‑communicable condition (including in relation to preventing or reducing the incidence of any such condition); (j) provide for such matters as are necessary in consequence of conditions directly or indirectly caused by an emergency declared to be a public health incident or public health emergency under this Act; (k) provide for the analysis or testing of samples taken under or for the purposes of this Act, including— (i) the persons who may analyse or test those samples; and (ii) the places where those samples may be analysed or tested; and (iii) the reporting of the results of the analysis or testing of those samples; (l) without limiting a preceding paragraph, regulate the construction, installation, alteration, maintenance and operation, and provide for the inspection, of any facility, infrastructure or structure designed for human use; (m) without limiting a preceding paragraph, regulate wastewater systems (or schemes associated with wastewater systems), including by— (i) requiring approvals for specified classes of wastewater systems or providing for the referral of applications for approvals in relation to wastewater systems to specified persons or bodies; and (ii) in connection with the implementation or operation of a scheme for a wastewater system for a town, regional area or other community— (A) requiring public notification of the scheme; and (B) requiring, or empowering a prescribed authority to require, installation, alteration or connection of wastewater systems for the purposes of the scheme; and (iii) regulating the connection or disconnection of wastewater systems from the undertaking under the Sewerage Act 1929; (n) empowering a prescribed authority to carry out necessary work if an owner or occupier of land fails to comply with the regulations and providing for the recovery of costs or expenses reasonably incurred in doing so from the owner or occupier; (o) on the recommendation of the Chief Public Health Officer, prescribe guidelines to assist in the administration or operation of this Act; (p) prescribe fees and expenses in connection with any matter arising under this Act, which may be of varying amounts according to factors prescribed in the regulations or determined by the Minister from time to time and published in the Gazette; (q) provide for the payment and recovery of prescribed fees and expenses; (r) empower or require the Minister or a council to refund, reduce or remit any fee payable under this Act; (s) prescribe forms for the purposes of this Act; (t) exempt, either absolutely or subject to prescribed conditions or limitations— (i) persons or classes of persons; (ii) areas of the State, from this Act or specified provisions of this Act; (u) prescribe penalties, not exceeding $10 000, for breach of any regulation; (v) fix expiation fees, not exceeding $500, for alleged offences against the regulations. (3) The regulations may adopt, wholly or partially and with or without modification— (a) a code or standard relating to matters in respect of which regulations may be made under this Act; or (b) an amendment to such a code or standard. (4) Any regulations adopting a code or standard, or an amendment to a code or standard, may contain such incidental, supplementary and transitional provisions as appear to the Governor to be necessary. (5) The regulations or a code or standard adopted by the regulations may— (a) refer to or incorporate, wholly or partially and with or without modification, a standard or other document prepared or published by a prescribed body or person, either as in force at the time the regulations are made or as in force from time to time; and (b) be of general or limited application (including so as to apply only to a specified part of the State); and (c) make different provision according to the persons, things or circumstances to which they are expressed to apply; and (d) provide that any matter or thing is to be determined, dispensed with, regulated or prohibited according to the discretion of the Minister, the Chief Public Health Officer, the Chief Executive or a council. (6) If— (a) a code or standard is adopted by the regulations; or (b) the regulations, or a code or standard adopted by the regulations, refers to a standard or other document prepared or published by a prescribed body, then— (c) a copy of the code, standard or other document must be kept available for inspection by members of the public, without charge and during normal office hours, at an office or offices specified in the regulations; and (d) in any legal proceedings, evidence of the contents of the code, standard or other document may be given by production of a document purporting to be certified by or on behalf of the Minister as a true copy of the code, standard or other document; and (e) the code, standard or other document has effect as if it were a regulation made under this Act. 110—Review of Act (1) The Social Development Committee of Parliament must review the operation of this Act as soon as practicable after the expiry of 5 years from its commencement. (2) The Social Development Committee must ensure that, as part of the review, reasonable steps are taken to seek submissions from— (a) State agencies that have an interest in public health; and (b) the local government sector; and (c) relevant industry, health and community organisations, (but may otherwise conduct the review in such manner as it thinks fit under the Parliamentary Committees Act 1991).