Part 2Objects, principles and interaction with other Acts

Part 2—Objects, principles and interaction with other Acts 4—Objects of Act (1) The objects of the Act are— (a) to promote health and well being of individuals and communities and to prevent disease, medical conditions, injury and disability through a public health approach; and (b) to protect individuals and communities from risks to public health and to ensure, so far as is reasonably practicable, a healthy environment for all South Australians and particularly those who live within disadvantaged communities; and (c) to provide for the development of effective measures for the early detection, management and amelioration of risks to public health; and (d) to promote the provision of information to individuals and communities about risks to public health; and (e) to encourage individuals and communities to plan for, create and maintain a healthy environment; and (f) to provide for or support policies, strategies, programs and campaigns designed to improve the public health of communities and special or vulnerable groups (especially Aboriginal people and Torres Strait Islanders) within communities; and (g) to provide for the prevention, or early detection, management and control, of diseases, medical conditions and injuries of public health significance; and (h) to provide for the monitoring of any disease or medical condition of public health significance in order to provide for the prevention or early detection of any such disease or medical condition and for the protection of individuals and the community from the threat of any such disease or medical condition and from public health threats more generally; and (i) to provide for the collection of information about incidence and prevalence of diseases and other risks to health in South Australia for research or public health purposes; and (j) to establish a scheme for the performance of functions relating to public health by the State and local governments. (2) The Minister and other persons or bodies involved in the administration of this Act must have regard to, and seek to further, the objects of this Act. 5—Principles to be recognised under Act In the administration of this Act and in seeking to further the objects of this Act, regard should be given to the principles set out in the following sections (insofar as may be relevant in the circumstances). 6—Precautionary principle (1) If there is a perceived material risk to public health, lack of full scientific certainty should not be used as a reason for postponing measures to prevent, control or abate that risk. (2) In the application of this principle, decision‑making and action should be proportionate to the degree of public health risk and should be guided by— (a) a careful evaluation of what steps need to be taken to avoid, where practicable, serious harm to public health; and (b) an assessment of the risk‑weighted consequences of options; and (c) an aim to ensure minimum disruption to an individual's activities, a community's functioning and commercial activity consistent with providing any necessary protection from identified public health risks. 7—Proportionate regulation principle Regulatory measures should take into account and, to the extent that is appropriate, minimise adverse impacts on business and members of the community while ensuring consistency with requirements to protect the community and to promote public health. 8—Sustainability principle Public health, social, economic and environmental factors should be considered in decision‑making with the objective of maintaining and improving community well‑being and taking into account the interests of future generations. 9—Principle of prevention Administrative decisions and actions should be taken after considering (insofar as is relevant) the means by which public health risks can be prevented and avoided. 10—Population focus principle Administrative decisions and actions should focus on the health of populations and the actions necessary to protect and improve the health of the community and, in so doing, the protection and promotion of the health of individuals should be considered. 11—Participation principle Individuals and communities should be encouraged to take responsibility for their own health and, to that end, to participate in decisions about how to protect and promote their own health and the health of their communities. 12—Partnership principle (1) The protection and promotion of public health requires collaboration and, in many cases, joint action across various sectors and levels of government and the community. (2) People acting in the administration of this Act should seek ways to develop and strengthen partnerships aimed at achieving identified public health goals consistent with the objects of this Act. 13—Equity principle Decisions and actions should not, as far as is reasonably practicable, unduly or unfairly disadvantage individuals or communities and, as relevant, consideration should be given to health disparities between population groups and to strategies that can minimise or alleviate such disparities. 14—Specific principles—Parts 10 and 11 (1) The principles set out in this section apply for the purposes of Part 10 and Part 11. (2) The overriding principle is that members of the community have a right to be protected from a person whose infectious state or whose behaviour may present a risk, or an increased risk, of the transmission of a controlled notifiable condition. (3) A person who has a controlled notifiable condition that is capable of being transmitted to 1 or more other persons has a responsibility to take reasonable steps or precautions to avoid placing others at risk on account of the controlled notifiable condition. (4) A person must not, insofar as is reasonably practicable, act in a manner that will place himself or herself at risk of contracting a controlled notifiable condition that is capable of being transmitted. (5) Subject to the overriding principle and any steps reasonably necessary to protect, or to minimise risks to, public health, and without limiting any power under Part 10 or Part 11, a person who may be the subject of an order, direction or requirement under either Part is entitled to expect— (a) to have his or her privacy respected and to have the benefit of patient confidentiality; and (b) to be afforded appropriate care and treatment, and to have his or her dignity respected, without any discrimination other than that reasonably necessary to protect public health; and (c) insofar as is reasonably practicable and appropriate, to be given a reasonable opportunity to participate in decision‑making processes that relate to the person on an individual basis, and to be given reasons for any decisions made on such a basis; and (d) to be allowed to decide freely for himself or herself on an informed basis whether or not to undergo medical treatment or, in a case involving a child under the age of 16 years, to have his or her parent or guardian allowed to decide freely on an informed basis whether or not the child should undergo medical treatment; and (e) to be subject to restrictions (if any) that are proportionate to any risks presented to others (taking into account the nature of the disease or medical condition, the person's state of health, the person's behaviour or proposed or threatened behaviours, and any other relevant factor); and (f) that the least restrictive means necessary to prevent the spread of disease be adopted when isolating or quarantining a person at the person's home or on other premises under this Act; and (g) that his or her needs, including, but not limited to the provision of— (i) adequate food, clothing, shelter and medical care; and (ii) a telephone or other appropriate method by which the person may communicate with others, will be addressed in a reasonable and competent manner to the extent that the person is unable or restricted in his or her own capacity to meet such needs; and (h) that any premises at which the person must reside as a result of an order, direction or requirement (other than the person's home), are— (i) maintained according to safe and hygienic standards; and (ii) to the extent possible, maintained in a way that is respectful to the person's cultural and religious beliefs; and (iii) designed or managed to minimise the likelihood that— (A) infection may be transmitted; and (B) the person may be subjected to harm or further harm. (6) Any requirement restricting the liberty of a person should not be imposed unless it is the only effective way remaining to ensure that the health of the public is not endangered or likely to be endangered. (7) Without limiting subsection (6), if a power is to be exercised under Part 10 or Part 11, so far as is reasonably practicable, the power that least infringes on the rights of individuals must be the power that is exercised, unless to do so would involve the use of measures that are likely to be less effective in protecting or minimising risk to public health. (8) Any requirement restricting the liberty of 2 or more members of the 1 family should ensure, so far as is desirable and reasonably practicable and so far as is appropriate to the requirements for the protection of public health, that the family members reside at the same place. (9) If a requirement restricting the liberty of a person is imposed, all reasonably practicable steps must be taken to ensure that the person's next of kin, or a nominated person, is informed (unless the person to whom the requirement relates instructs otherwise). 15—Guidelines (1) The Minister may, from time to time, prepare or adopt guidelines that relate to the application of these principles. (2) The Minister should take reasonable steps to consult with SAPHC and the LGA in the preparation of any guidelines, or before adopting any guidelines, under subsection (1). (3) SAPHC may, as it thinks fit, request the Minister to develop guidelines with respect to a particular matter or matters. (4) A person or body involved in the administration of this Act must have regard to any relevant guidelines under this section. 16—Interaction with other Acts (1) Except as specifically provided by this Act, the provisions of this Act are in addition to, and do not limit, the provisions of any other law of the State. (2) Without limiting the generality of subsection (1), this Act is not intended to be construed so as to prevent any person from being prosecuted under any other enactment for an offence that is also punishable by this Act, or from being liable under any other law of the State to any penalty or punishment that is higher than a penalty or punishment provided by this Act. (3) Nothing in this Act affects or limits a right or remedy that exists apart from this Act.