Part 9Notifiable conditions and contaminants

Part 9—Notifiable conditions and contaminants Division 1—Notifiable conditions 63—Declaration of notifiable conditions (1) The regulations may declare a disease or medical condition to be a notifiable condition. (2) The Minister may, if the Minister considers it to be necessary in the interests of public health because of urgent circumstances, by notice in the Gazette, declare a disease or medical condition to be a notifiable condition. (3) A regulation or declaration under subsection (1) or (2) may be varied from time to time, or may be revoked, but a declaration of the Minister under subsection (2) will, unless revoked sooner, expire 6 months after publication in the Gazette. (a) does not prevent the disease or medical condition the subject of the declaration being declared to be a notifiable condition by the regulations; and (b) does not prevent the disease or medical condition being the subject of a further declaration of the Minister if the Minister considers that urgent circumstances again warrant the declaration of the disease or medical condition to be a notifiable condition. 64—Notification (a) a medical practitioner; or (b) a pathology service; or (c) a person of a class prescribed by regulation, suspects that a person has, or has died from, a notifiable condition, the responsible person must as soon as practicable and, in any event, within 3 days of that suspicion being formed, report the case to the Chief Public Health Officer. (2) A report under subsection (1) must be— (a) made in a manner and form determined by the Chief Public Health Officer; and (b) accompanied by the information required by the Chief Public Health Officer to be furnished in connection with the provision of the report. (3) On the receipt of a report under subsection (1) that relates to a person in a local government area, the Chief Public Health Officer must, if there is an immediate threat to public health in the area, as soon as is reasonably practicable, communicate the contents of the report to the council for the area. (4) A medical practitioner who suspects that a person is suffering from a notifiable condition is not required to make a report under subsection (1) with respect to that case if the practitioner knows or reasonably believes that a report has already been made to the Chief Public Health Officer by another medical practitioner who is, or has been, responsible for the treatment of the person. (5) Following receipt of a report made under this section, the Chief Public Health Officer may from time to time require additional information about the person or the person's condition from— (a) the person who provided the report; and (b) any other person who the Chief Public Health Officer reasonably believes could furnish the Chief Public Health Officer with information relevant to preventing, monitoring or controlling the notifiable condition. (6) A person must not, without reasonable excuse, fail to comply with a requirement imposed on the person under subsection (5). (7) No civil liability arises from a statement made honestly and without malice in, or in connection with, a report under this section. (8) A person who furnishes information under this section cannot, by virtue of doing so, be held to have breached any law or any principle of professional ethics. (9) A document held or produced by the Chief Public Health Officer for the purposes of this section that relates to a particular person is not subject to access under the Freedom of Information Act 1991. (10) In this section— responsible person means— (a) in relation to a medical practitioner—the medical practitioner; (b) in relation to a pathology service—the pathologist responsible for the day to day operation of the pathology laboratory; (c) in the case of a person of a class prescribed by regulation—a person identified under the regulations. 65—Report to councils The Department— (a) must, on a monthly basis, provide each council with a report on the occurrence or incidence of notifiable conditions in its area and any problems or issues caused by or arising on account of such diseases or medical conditions that may exist in its area; and (b) must inform a council of the occurrence or incidence of any notifiable condition in its area that constitutes, or may constitute, a threat to public health. 66—Action to prevent spread of infection (1) If there is danger to public health from the possible spread of a disease constituting a notifiable condition, the Chief Public Health Officer or an authorised officer authorised by the Chief Public Health Officer for the purposes of this section may give such directions and take such action as may be appropriate to avert that danger. (2) Without limiting the generality of subsection (1), the Chief Public Health Officer or authorised officer may— (a) direct that any premises, vehicle or article be cleansed or disinfected; (b) direct the destruction of any article, substance, food or other thing; (c) seize any vehicle, article, substance, food or other thing; (d) impose areas of quarantine or close premises; (e) restrict movement into and out of any place or premises; (f) take such other action as may be prescribed. (2a) A direction or requirement under subsection (1) or (2) may be issued in the form of a written instrument or in any other form (including, without limitation, orally, by SMS or email). (3) A person who is given a direction or subject to some other form of requirement under subsection (1) or (2) must not, without reasonable excuse, contravene or fail to comply with the direction or requirement. (4) For the purpose of exercising a power under subsection (1) or (2), an authorised officer may be assisted by such assistants as may be necessary or desirable in the circumstances. (5) If a person fails to take action in accordance with a direction or requirement, the Chief Public Health Officer or an authorised officer may take that action or cause it to be taken. (6) The Crown or a council may recover as a debt costs and expenses reasonably incurred in exercising powers under subsection (5) from the person who failed to take the required action. (7) For the purpose of exercising a power under this section, a person authorised to do so by the Chief Public Health Officer— (a) may enter premises or any vehicle at any reasonable time; and (b) may break into premises or any vehicle if authorised by a warrant issued by a magistrate. (8) A magistrate must not issue a warrant under subsection (7) unless satisfied that the warrant is reasonably required in the circumstances. (9) If the Chief Public Health Officer informs a council of the occurrence of a disease constituting a notifiable condition, the council must take such action as is reasonably open to the council to assist in preventing the spread of the disease. Division 2—Notifiable contaminants 67—Declaration of notifiable contaminants (1) The regulations may declare a contaminant to be a notifiable contaminant. (2) The Minister may, if the Minister considers it to be necessary in the interests of public health because of urgent circumstances, by notice in the Gazette, declare a contaminant to be a notifiable contaminant. (3) A regulation or declaration under subsection (1) or (2) may be varied from time to time, or may be revoked, but a declaration of the Minister under subsection (2) will, unless revoked sooner, expire 6 months after publication in the Gazette. (a) does not prevent the contaminant the subject of the declaration being declared to be a notifiable contaminant by the regulations; and (b) does not prevent the contaminant being the subject of a further declaration of the Minister if the Minister considers that urgent circumstances again warrant the declaration of the contaminant to be a notifiable contaminant. 68—Notification of contaminant (a) a laboratory service; or (b) a person of a class prescribed by the regulations, detects or isolates a notifiable contaminant in a circumstance prescribed by the regulations for the purposes of this subsection, the responsible person must as soon as practicable (and in any event within 24 hours) report the detection or isolation to the Chief Public Health Officer. (2) Subsection (1) does not apply— (a) if the notifiable contaminant is detected or isolated in the course of a test carried out only for— (i) educational purposes; or (ii) the purposes of academic research, unless the test and the circumstances of the particular case indicate the existence of a material risk to public health; or (b) in any circumstance— (i) specified by the Chief Public Health Officer; or (ii) prescribed by regulation. (3) For the purposes of subsection (2)(a), a material risk to public health exists if the health of 1 or more persons has been, or might reasonably be expected to be, harmed, but does not include a case where the harm, or risk of harm, is trivial or negligible. (4) If a person is, in prescribed circumstances, informed at any time by a responsible person for a laboratory service (including a laboratory service outside the State) that— (a) tests have been carried out by that laboratory in prescribed circumstances; and (b) the test conducted by the laboratory has detected or isolated a notifiable contaminant, the person must as soon as practicable (and in any event within 24 hours) report the detection or isolation to the Chief Public Health Officer. Maximum penalty: $15 000. Expiation fee: $500. (5) Subsection (4) does not apply in any circumstance specified by the Chief Public Health Officer. (6) A report under subsection (1) or (4) must be— (a) made in a manner and form determined by the Chief Public Health Officer; and (b) accompanied by the information required by the Chief Public Health Officer to be furnished in connection with the provision of the report. (7) Following receipt of a report made under this section, the Chief Public Health Officer may from time to time— (a) require additional information from— (i) the person who provided the report; (ii) any other person who the Chief Public Health Officer reasonably believes could furnish the Chief Public Health Officer with information relevant to monitoring or controlling the notifiable containment; (b) require a person who provided the report to undertake, or cause to be undertaken, testing (or further testing) specified by the Chief Public Health Officer and to provide a further report or information to the Chief Public Health Officer. (8) A person must not, without reasonable excuse, fail to comply with a requirement imposed on the person under subsection (7). Maximum penalty: $15 000. Expiation fee: $500. (9) No civil liability arises from a statement made honestly and without malice in, or in connection with, a report under this section. (10) A person who furnishes information under this section cannot, by virtue of doing so, be held to have breached any law or any principle of professional ethics. (11) Any notification given by a person in compliance with this section is not admissible in evidence against the person for an offence or for the imposition of a penalty (other than proceedings in respect of the making of a false or misleading statement). (12) A regulation under this section must be made on the recommendation of the Chief Public Health Officer. (13) A Chief Public Health Officer must not make a recommendation under subsection (12) unless or until the Chief Public Health Officer has taken reasonable steps to consult with representatives, within any industry directly affected by the regulation, considered relevant by the Chief Public Health Officer in relation to the proposal to make the relevant regulations under this section. (14) A document held or produced for the purposes of this section that relates to a particular person is not subject to access under the Freedom of Information Act 1991. (15) In this section— laboratory service means a service which performs tests or analyses for the purpose of isolating or detecting contaminants in various substances; responsible person means— (a) in relation to a laboratory service—the person responsible for the day to day operation of the laboratory service; (b) in the case of a person of a class prescribed by the regulations—a person identified under the regulations.