Part 5Public health policies

Part 5—Public health policies 53—Public health policies (1) The Minister may prepare and maintain policies under this Part (to be called State Public Health Policies) that relate to any area of public health in the State. (2) A policy may do 1 or more of the following: (a) specify matters that are to be taken to constitute risks to public health for the purposes of this Act; (b) specify the scope of the duty under Part 6 in specified cases or circumstances (including so as to specify that a breach of the policy will be taken to be a breach of that duty); (c) set out or establish standards that are to apply to any activity, condition, equipment or circumstance in order to prevent or manage a risk to public health; (d) provide for other measures or matters that are relevant to promoting or achieving an improvement in public health in the State. (3) A policy may adopt, wholly or partially and with or without modification, a standard or other document prepared or published by another person or body, either as in force at the time that the policy is made or as in force from time to time. (4) A policy may— (a) be of general or limited application (including so as to apply only to a specified part of the State); or (b) make different provision according to the persons, things or circumstances to which it is expressed to apply. 54—Procedure for making policies (1) The Minister must, in relation to any proposal to create or amend a State Public Health Policy— (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 (without charge) and purchase and invite interested persons to make written representations on the proposal within a period specified by the Minister. (2) Subsection (1) does not apply if the Minister considers that urgent action is required in the circumstances but, in such a case, the Minister must, within 3 months after the publication of the policy or any amendment, initiate the consultation requirements of subsection (1) as if the policy or amendment were a draft proposal. (3) An amendment to a policy arising from consultation under subsection (2) may be given effect by the Minister without the need for further consultation. (4) A policy, or an amendment to a policy, will take effect when published by the Minister in accordance with the regulations. (5) A policy, or an amendment to a policy, may take effect on a day specified in the policy or amendment (being a day that falls on or after publication). (6) The Minister must ensure that copies of a policy are reasonably available for inspection (without charge) and purchase by the public at a place or places determined by the Minister. 55—Reference of policies to Parliament (1) The Minister must, within 14 sitting days after the publication of a State Public Health Policy, or an amendment to a State Public Health Policy, cause a copy of the policy or the amendment (as the case may be) to be laid before both Houses of Parliament. (2) If either House of Parliament— (a) passes a resolution disallowing a policy laid before it under subsection (1), then the policy ceases to have effect; (b) passes a resolution disallowing an amendment laid before it under subsection (1), then the amendment ceases to have effect (and the relevant policy will, from that time, apply as if it had not been amended by that amendment). (3) A resolution is not effective for the purposes of subsection (2) unless passed in pursuance of a notice of motion given within 14 sitting days (which need not fall within the same session of Parliament) after the day on which the policy or amendment (as the case may be) is laid before the House. (4) If a resolution is passed under subsection (2), notice of that resolution must forthwith be published in the Gazette.