Part 4Public health plans

Part 4—Public health plans Division 1—State public health plan 50—State public health plan (1) The Minister must prepare and maintain a plan to be called the State Public Health Plan. (2) The State Public Health Plan is to set out principles and policies for achieving the objects of this Act and implementing the principles established under this Act. (3) In connection with the operation of subsection (2), the State Public Health Plan should— (a) — (i) comprehensively assess the state of public health in South Australia; and (ii) identify existing and potential public health risks and develop strategies for addressing and eliminating or reducing those risks; and (b) identify opportunities and outline strategies for promoting public health in this State; and (c) include information about issues identified in regional public health plans established under this Part or any other plan or policy that the Minister considers to be appropriate. (4) The State Public Health Plan may also take into account any plan, policy or strategy determined to be appropriate by the Minister. (5) The Minister must review the State Public Health Plan at least once in every 5 years. (6) Subject to subsection (7), the Minister may amend the State Public Health Plan at any time. (7) The Minister must, in relation to any proposal to create or amend the State Public Health Plan— (b) take reasonable steps to consult with SAPHC, the LGA, and any other person or body considered relevant by the Minister, in relation to the proposal; and (c) by public notice, give notice of the place or places at which copies of the draft are available for inspection (without charge) and purchase and invite interested persons to make written representations on the proposal within a period specified by the Minister. (8) Subsection (7) does not apply in relation to an amendment that is being made— (a) in order to ensure that the State Public Health Plan is consistent with any plan, policy or strategy that— (i) has been prepared, adopted or applied under another Act; and (ii) falls within a class prescribed by the regulations for the purposes of this provision; or (b) in order to remove or replace information in the State Public Health Plan that has been superseded by information that the Minister considers to be more reliable or accurate; or (c) in order to make a change of form (without altering the effect of an underlying policy reflected in the State Public Health Plan); or (d) in order to take action considered by the Minister to be— (i) addressing or removing irrelevant material or any duplication or inconsistency (without altering the effect of an underlying policy reflected in the State Public Health Plan); or (ii) correcting an error; or (e) in any circumstances prescribed by the regulations. (9) The State Public Health Plan, or an amendment to the State Public Health Plan, has no force or effect until published by the Minister in accordance with the regulations. (10) The Minister must ensure that copies of the State Public Health Plan are reasonably available for inspection (without charge) and purchase by the public at a place or places determined by the Minister. (11) The State Public Health Plan is an expression of policy and does not in itself affect rights or liabilities (whether of a substantive, procedural or other nature). (12) A failure of the Minister to comply with a requirement of this section cannot be taken to affect the validity of the State Public Health Plan, or any other plan or instrument under this Act. Division 2—Regional public health plans 51—Regional public health plans (1) A council or, if the Minister so determines or approves, a group of councils, must prepare and maintain a plan for the purposes of the operations of the council or councils under this Act (a regional public health plan). (2) A regional public health plan must be in a form determined or approved by the Minister. (3) If a group of councils are to prepare and maintain a regional public health plan, a reference in this Part to a council is to be taken to be a reference to the group of councils. (4) Notwithstanding that a group of councils are to prepare and maintain a regional public health plan, any council within the group may also prepare its own plan that relates to 1 or more matters that are to apply specifically within its area (and then this Part will apply accordingly). (5) A plan should be consistent with the State Public Health Plan. (6) The Minister may, from time to time, prepare or adopt guidelines to assist councils in the preparation of regional public health plans. (7) 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 (6). (8) A regional public health plan must— (a) comprehensively assess the state of public health in the region; and (b) identify existing and potential public health risks and provide for strategies for addressing and eliminating or reducing those risks; and (c) identify opportunities and outline strategies for promoting public health in the region; and (d) address any public health issues specified by the Minister following consultation with SAPHC and the LGA; and (e) include information as to— (i) the state and condition of public health within the relevant region, and related trends; and (ii) environmental, social, economic and practical considerations relating to public health within the relevant region; and (iii) other prescribed matters; and (f) include such other information or material contemplated by this Act or required by the regulations. (9) In addition, a plan must— (a) include information about issues identified in any plan, policy or strategy specified by the Minister or SAPHC; and (b) address, and be consistent with, any intergovernmental agreement specified by the Minister. (10) Subject to subsection (11), a council may amend a regional public health plan at any time. (11) A council must, in relation to any proposal to create or amend a regional public health plan— (b) when the draft plan is completed, a council must— (i) give a copy of it to— (A) the Minister; and (B) any incorporated hospital established under the Health Care Act 2008 that operates a facility within the region; and (C) any relevant public health partner authority under subsection (23); and (D) any other body or group prescribed by the regulations; and (ii) take steps to consult with the public. (12) The Minister may require that a council consult with the Minister, or any other person or body specified by the Minister, before a council releases a draft plan under subsection (11). (13) Before bringing a regional public health plan into operation, a council must submit the plan to the Chief Public Health Officer for consultation. (14) The Chief Public Health Officer may refer the plan to SAPHC or any other body determined by the Chief Public Health Officer for further consultation. (15) A council must take into account any comments made by the Chief Public Health Officer, SAPHC, and any other body within the ambit of a determination under subsection (14), at the conclusion of the consultation processes envisaged by subsections (13) and (14). (16) A council may then adopt a plan or amend a plan with or without alteration. (17) A council may undertake the processes set out in the preceding subsections in conjunction with the preparation and adoption of its strategic management plans under section 122 of the Local Government Act 1999 (and may, if the council thinks fit, incorporate a regional public health plan into its strategic management plans under that Act). (18) A regional public health plan may, by agreement with the public health partner authority, provide for a public health partner authority to take responsibility for undertaking any strategy, or for attaining any priority or goal, under the plan. (19) A regional public health plan must be reviewed at least once in every 5 years. (20) A council must, in preparing and reviewing its regional public health plan and insofar as is reasonably practicable, give due consideration to the plans of other councils insofar as this may be relevant to issues or activities under its plan. (21) A council or council subsidiary must, when performing functions or exercising powers under this or any other Act, insofar as may be relevant and reasonable, have regard to the State Public Health Plan, any regional public health plan that applies within the relevant area and any other requirement of the Minister, and in particular must give consideration to the question whether it should implement changes to the manner in which, or the means by which, it performs a function or exercises a power or undertakes any other activity that has been identified in the State Public Health Plan as requiring change. (22) A public health partner authority must, when performing a function that is relevant to the State Public Health Plan or a regional public health plan, insofar as is relevant and reasonable, have regard to the provision of the plans. (23) For the purposes of this section— (a) the regulations may provide for an entity to be a public health partner authority for the purposes of this section; and (b) the Minister may, after consultation with the relevant entity, by notice in the Gazette, declare an entity to be a public health partner authority for the purposes of this section (and may, after consultation with the entity, revoke any such declaration by notice in the Gazette). 52—Reporting on regional public health plans (1) A council responsible for a regional public health plan must, on a 2 yearly basis, prepare a report that contains a comprehensive assessment of the extent to which, during the reporting period, the council has succeeded in implementing its regional public health plan to the Chief Public Health Officer. (2) In a year in which a report is required (a reporting year), the report must be provided to the Chief Public Health Officer on or before 30 September in the reporting year. (3) The report must relate to a reporting period of 2 years ending on 30 June in the reporting year. (4) The Chief Public Health Officer may, from time to time, issue guidelines to assist in the preparation of reports on regional public health plans by councils. (5) The Chief Public Health Officer must provide a copy of each report provided under this section to the Minister by 30 October in each reporting year.