Queensland: Public Health Act 2005 (Qld)

Public Health Act 2005 An Act to protect and promote the health of the Queensland public, and for other purposes Chapter 1 Preliminary Part 1 Introduction 1 Short title This Act may be cited as the Public Health Act 2005. 2 Commencement This Act commences on a day to be fixed by proclamation. 3 Act binds all persons (1) Subject to subsection (2), this Act binds all persons, including the State and, so far as the legislative power of the Parliament permits, the Commonwealth and all the other States. (2) The following provisions do not bind the State for local government public health risks— (a) chapter 2, part 3; (b) section 386; (c) sections 394 and 395. (3) Nothing in this Act makes the Commonwealth or a State liable to be prosecuted for an offence. 4 Contravention of this Act does not create civil cause of action No provision of this Act creates a civil cause of action based on a contravention of the provision. 5 Act does not affect other rights or remedies (1) This Act does not affect or limit a civil right or remedy that exists apart from this Act, whether at common law or otherwise. (2) Without limiting subsection (1), compliance with this Act does not necessarily show that a civil obligation that exists apart from this Act has been satisfied or has not been breached. Part 2 Object 6 Object of Act The object of this Act is to protect and promote the health of the Queensland public. 7 How object is mainly achieved The object is to be mainly achieved by— (a) preventing, controlling and reducing risks to public health; and (b) providing for the identification of, and response to, notifiable conditions; and (c) imposing obligations on persons and particular health care facilities involved in the provision of declared health services to minimise infection risks; and (d) providing for persons who have a major disturbance in mental capacity to be transported to a treatment or care place; and (e) protecting children who have been harmed or are at risk of harm when the children present at health service facilities; and (f) restricting the performance of cosmetic procedures on children; and (g) collecting and managing particular health information, and establishing mechanisms for health information held by a health agency to be accessed for appropriate research; and (h) inquiring into serious public health matters; and (i) responding to public health emergencies; and (j) providing for compliance with this Act to be monitored and enforced. Part 3 Interpretation 8 Definitions The dictionary in schedule 2 defines particular words used in this Act. 9 Notes in text A note in the text of this Act is part of the Act. Chapter 2 Environmental health Part 1 Public health risks 10 Definitions for ch 2 In this chapter— local government public health risk means a public health risk— (a) mentioned in section 11(1)(a) or (b)(i), (iv), (v), (vi), (vii) or (viii); or (b) prescribed under section 18 as a public health risk that is to be administered and enforced only by local governments. public health risk see section 11. State public health risk means a public health risk— (a) mentioned in section 11(1)(b)(ii), (iii), (ix) or (x); or (b) prescribed under section 18 as a public health risk that is to be administered and enforced only by the State. 11 Meaning of public health risk (1) Public health risk means— (a) an animal, structure, substance or other thing that— (i) is, or is likely to become, a breeding ground or source of food for designated pests; or (ii) harbours, or is likely to become something that harbours, designated pests; or (b) any of the following that is, or is likely to be, hazardous to human health, or that contributes to, or is likely to contribute to, disease in humans or the transmission of an infectious condition to humans— (i) a designated pest; (ii) drinking water supplied by a drinking water service provider; (iii) recycled water produced or supplied under a recycled water scheme within the meaning of the Water Supply (Safety and Reliability) Act 2008; (iv) water, other than water mentioned in subparagraph (ii) or (iii); (v) waste; (vi) a dead or living animal, structure, substance or other thing that has been, or is likely to have been, exposed to an infectious condition; (vii) a dispersal or release of a pesticide, herbicide, solvent or other chemical at a place other than a workplace; (viii) a dispersal or release of a by-product of manufacturing, construction, repair, alteration, cleaning or demolition work at a place other than a workplace; (ix) lead used, or being used, in a way that contravenes section 58 or 59; (x) paint used, or being used, in a way that contravenes the standard mentioned in section 60; (xi) any other activity, animal, substance or other thing prescribed under a regulation. Examples for subparagraph (viii)— 1 drifting fibreglass dust resulting from building a fibreglass boat 2 propulsion into the environment of lead particles as a result of sandblasting lead-based paint 3 the release of asbestos fibres through the renovation of a house containing asbestos-cement sheeting or insulation material comprising or containing asbestos (2) The Minister must not recommend to the Governor in Council the making of a regulation under subsection (1)(b)(xi) unless the Minister is satisfied the activity, animal, substance or other thing— (a) is, or is likely to be, hazardous to human health; or (b) contributes, or is likely to contribute, to disease in humans or to the transmission of an infectious condition to humans. (3) In this section— animal does not include a human. disease includes a non-infectious condition. waste includes an accumulation or deposit of a substance or a thing. water includes drinking water, water used for recreational purposes, recycled water, waste water and sewage. workplace has the meaning given in the Work Health and Safety Act 2011. Part 2 Roles of the State and local governments for public health risks 12 When Act administered only by the State (1) This Act is to be administered and enforced by the State and not by local governments for— (a) State public health risks; and (b) a regulation made under section 61 that states that the regulation is to be administered and enforced by the State only. (2) This section is subject to section 14. 13 When Act administered only by local governments (1) This Act is to be administered and enforced by local governments and not by the State for— (a) local government public health risks; and (b) a regulation made under section 61 that states that the regulation is to be administered and enforced by local governments only. (2) This section is subject to section 14. 14 When State and local governments administer this Act in partnership (1) The chief executive and the chief executive officer of a local government may agree that— (a) the State do a thing in the administration or enforcement of this Act for a matter mentioned in section 13(1); or (b) the local government do a thing in the administration or enforcement of this Act for a matter mentioned in section 12(1). (2) For subsection (1)(a), the chief executive may perform functions and exercise powers for this Act for a matter mentioned in section 13(1), including appointing authorised persons. (3) For subsection (1)(b), a chief executive officer may perform functions and exercise powers for this Act for a matter mentioned in section 12(1), including appointing authorised persons. (4) An appointment under subsection (2) or (3) may be made before or after an agreement under this section. 15 Action by the State if local government does not administer and enforce this Act (1) Subsection (3) applies if the chief executive— (a) is reasonably of the opinion there is a significant risk to public health from a public health risk in a local government's area for a matter mentioned in section 13(1); and (b) is satisfied a local government has not done, or sufficiently done, a thing in the administration or enforcement of this Act for the matter; and (c) is reasonably of the opinion that doing the thing is necessary to remove or reduce the risk to public health from a public health risk, or prevent a risk to public health from recurring. (2) For subsection (1)(a), the chief executive must have regard to the following in forming an opinion about whether there is a significant risk to public health from the public health risk— (a) the potential consequences for the health of individuals; (b) the number of persons likely to be exposed to the risk. (3) The chief executive may do the thing and the reasonable costs and expenses incurred by the chief executive are a debt payable by the local government to the State. (4) For subsections (1), (2) and (3), the chief executive may perform functions and exercise powers for this Act for a matter mentioned in section 13(1), including appointing authorised persons. (5) An appointment under subsection (4) may be made before or after a local government has not done a thing mentioned in subsection (1)(b). 16 Procedure before taking action under s 15 Before the chief executive does a thing under section 15(3), the chief executive must— (a) consult with the chief executive officer of the local government; and (b) give the chief executive officer a reasonable opportunity to do the thing. 17 State may require report from local government (1) This section applies to a matter under this chapter administered and enforced— (a) by both the State and local governments in partnership under section 14; or (b) by local governments only. (2) The chief executive, by notice, may ask a local government to give the chief executive information about the local government's administration and enforcement of the matter within a stated reasonable time. (3) The local government must comply with the request. (4) However, before giving notice under this section, the chief executive must consult with the chief executive officer of the local government. 18 Regulation to prescribe who is to administer this Act for particular public health risks If a regulation is made under section 11(1)(b)(xi) prescribing a public health risk, the regulation must state whether this Act is to be administered and enforced for the public health risk by— (a) the State only; or (b) local governments only. 19 Effect of Act on local laws (1) This Act does not prevent a local government from making local laws about public health risks. (2) For this Act, local laws about public health risks have effect despite the Local Government Act 2009, section 27. (3) However, subsection (2) does not apply to a local law that is inconsistent with a regulation made under section 61. 20 Application of Local Government Act 2009 The Local Government Act 2009, chapter 5, part 2, does not apply to the administration and enforcement of this Act by a local government. Part 3 Public health orders Division 1 Preliminary 21 What public health order may require (1) A public health order may require a person to do something at a place that is— (a) reasonably necessary to remove or reduce the risk to public health from a public health risk, or prevent a risk to public health from recurring; and (b) appropriate in the circumstances having regard to the nature and seriousness of the risk to public health at the time the order is made. (2) Without limiting subsection (1), a public health order may require a person to do any of the following at the place— (a) clean or disinfect the place, or part of the place, or a structure or other thing at the place, in the way stated in the order; (b) carry out insect or pest control at the place in the way stated in the order; (c) demolish stated structures or other property at the place in the way stated in the order; (d) remove stated material or items from the place to another place stated in the order in the way stated in the order; (e) dispose of stated material or items at the place in the way stated in the order, for example, by burying the material or items; (f) destroy animals at the place or remove animals from the place for destruction at another place in the way stated in the order; (g) stop using the place, or part of the place, for a stated purpose, within a stated period or until stated steps are taken. (3) A public health order must— (a) be in writing; and (b) state a period within which the person to whom it is given must comply with the order. (4) The period stated under subsection (3)(b) must be reasonable having regard to the risk to public health from the public health risk. 22 Public health orders about animals (1) This section applies if an authorised person reasonably believes there is a public health risk at a place involving an animal that is, or is likely to be, a carrier of— (a) prohibited matter or restricted matter under the Biosecurity Act 2014; or Notes— 1 See the Biosecurity Act 2014, schedule 1 or schedule 2 2 See also the note to the Biosecurity Act 2014, schedules 1 and 2. (b) controlled biosecurity matter or regulated biosecurity matter under the Biosecurity Act 2014. (2) Before an authorised person issues a public health order relating to the animal, the chief executive or chief executive officer must consult the chief executive administering the Biosecurity Act 2014. (3) In this section— carrier means a carrier under the Biosecurity Act 2014. Division 2 Giving public health orders 23 Public health orders (1) If an authorised person reasonably believes that a person is responsible for a public health risk at a place, the authorised person may give a public health order to the person (the recipient). (2) The public health order must state— (a) the name and address of the recipient; and (b) the nature of the public health risk; and (c) the address of the place of the public health risk; and (d) the steps the recipient must take, or action the recipient must stop, at the place to remove or reduce the risk to public health from the public health risk, or prevent the risk to public health from recurring; and (e) the period within which the steps must be taken or the action must be stopped; and (f) the name of the authorised person; and (g) the name, address and contact details of the issuing authority; and (h) that it is an offence for the recipient not to comply with the order, unless the recipient has a reasonable excuse; and (i) that if the order is not complied with an application may be made to a magistrates court for an enforcement order. (3) The public health order must also set out, or state the effect of, sections 387 and 388. (4) The recipient must comply with the public health order, unless the recipient has a reasonable excuse. Maximum penalty—200 penalty units. Note— If a recipient fails to comply with a public health order, the issuing authority may take action under chapter 9, for example under section 388. Other action may be taken under this Act, for example, under division 3 of this part. Division 3 Enforcement of public health orders 24 Issuing authority may apply for enforcement order (1) This section applies if the issuing authority considers a person has contravened a public health order. (2) The issuing authority may apply to a magistrate for an order enforcing the public health order (an enforcement order). (3) The application must— (a) be sworn; and (b) state the grounds on which the application is made; and (c) state the nature of the enforcement order sought; and (d) be accompanied by a copy of the public health order. (4) The magistrate may refuse to consider the application until the applicant gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires. Example— The magistrate may require additional information supporting the application be given by statutory declaration. 25 Notice of hearing must be given (1) The person to whom the application relates must be given a notice at least 14 days before the day the application is to be heard. (2) The notice— (a) must be accompanied by a copy of the application; and (b) must state— (i) the time when and the place where the application is to be heard; and (ii) that the person may appear at the hearing and be heard on the application; and (iii) that, if the person does not appear, the application may be decided in the person's absence. (3) If the person appears at the time and place stated in the notice, the person is entitled to be heard on the application. (4) If the person does not appear at the time and place stated in the notice, the application may be decided in the person's absence. 26 When magistrate may order enforcement The magistrate may make an enforcement order against the person only if the magistrate is satisfied— (a) a public health order was given to the person; and (b) the public health order was appropriate in the circumstances having regard to the nature and seriousness of the risk to public health from the public health risk at the time the order was given; and (c) the person has contravened the public health order; and (d) notice under section 25 has been given to the person. 27 What enforcement order may require (1) The magistrate may make an enforcement order in the same terms as the public health order, or in other terms the magistrate considers appropriate. (2) Without limiting subsection (1), the magistrate may order either— (a) that— (i) the person against whom the order is made take steps to remove or reduce the risk to public health from the public health risk, or prevent the risk to public health from recurring; and (ii) if the person fails to take the steps, the issuing authority may enter the place and take the steps; or (b) that the issuing authority may enter a place by its employees or agents to take steps to remove or reduce the risk to public health from the public health risk, or prevent the risk to public health from recurring. (3) If the magistrate makes an order under subsection (2)(a), the order must state— (a) the address of the place the steps are to be taken; and (b) the steps the person must take; and (c) the period within which the steps must be taken; and (d) that an authorised person— (i) may enter the place to check whether the steps under the order are being, or have been, taken; and (ii) may use necessary and reasonable help and force to enter; and (e) the times and intervals for entry under paragraph (d); and (f) that if the steps required to be taken under the enforcement order have not been taken within the required period, the issuing authority may take the steps; and (g) that for paragraph (f), an employee or agent of the issuing authority— (i) may enter the place to take the steps under the order; and (ii) may use necessary and reasonable help and force to enter, if the employee or agent is an authorised person or is accompanied by an authorised person; and (h) the times and intervals for entry under paragraph (g); and (i) who must pay the costs of taking the steps; and (j) that it is an offence not to comply with the enforcement order unless the person has a reasonable excuse. (4) If the magistrate makes an order under subsection (2)(b), the order must state— (a) the address of the place where the steps are to be taken; and (b) the steps that may be taken at the place by the issuing authority; and (c) that an employee or agent of the issuing authority— (i) may enter the place to take the steps under the order; and (ii) may use necessary and reasonable help and force to enter, if the employee or agent is an authorised person or is accompanied by an authorised person; and (d) the times and intervals for entry under paragraph (c); and (e) the day when the order ends; and (f) that an authorised person— (i) may enter the place to check whether the steps under the order are being, or have been, taken; and (ii) may use necessary and reasonable help and force to enter; and (g) the times and intervals for entry under paragraph (f); and (h) who must pay the cost of taking the steps. 28 Person must comply with enforcement order (1) A person must comply with an enforcement order unless the person has a reasonable excuse. Maximum penalty—400 penalty units. (2) Subsection (1) does not limit any other liability a person may incur for a contravention of the order. 29 Application may be dealt with in proceeding for offence (1) This section applies if a person to whom an application for an enforcement order relates is being prosecuted for an offence against section 23(4). (2) The application may be dealt with in the prosecution proceedings. Division 4 Taking steps under enforcement order 30 Procedure before entry under enforcement order (1) This section applies if— (a) an enforcement order allows— (i) an issuing authority to enter a place by its employees or its agents to take steps under the order; or (ii) an authorised person to enter a place to check whether the steps under the order are being, or have been, taken; and (b) the employees, agents or authorised person intends to enter the place under the order. (2) Before entering the place, the employee, agent or authorised person must do or make a reasonable attempt to do the following— (a) identify himself or herself to a person present at the place who is an occupier of the place; (b) give the person a copy of the order; (c) tell the person that the employee, agent or authorised person is permitted by the order to enter the place; (d) give the person an opportunity to allow the employee, agent or authorised person immediate entry to the place without using force. (3) However, the employee, agent or authorised person need not comply with subsection (2) if the employee, agent or authorised person believes on reasonable grounds that immediate entry to the place is required to ensure the effective execution of the order is not frustrated. 31 Costs under enforcement order recoverable as a debt (1) The issuing authority may recover the amount payable by a person ordered to pay the costs under an enforcement order as a debt due to the issuing authority. (2) For subsection (1), the amount becomes payable 30 days after the issuing authority gives the person details of the amount of the costs. (3) If the issuing authority is a local government— (a) the amount payable to the local government bears interest as if it were an amount of an overdue rate payable to a local government under the Local Government Act 2009; and (b) the amount payable plus interest may be recovered by the local government as if the total amount were an amount of an overdue rate payable to a local government under the Local Government Act 2009. 32 Cost under enforcement order a charge over land (1) This section applies if an amount (including any interest on the amount) (the unpaid amount) is payable to a local government by a person under an enforcement order that relates to a public health risk on land owned by the person. (2) The unpaid amount is a charge on the land. (3) The local government may lodge a request to register the charge in the appropriate form over the land with the registrar of titles. (4) The request must be accompanied by a certificate signed by the local government's chief executive officer stating there is a charge over the land under this section. (5) A registered charge has priority over all other encumbrances over the land other than— (a) encumbrances in favour of the State or a government entity; and (b) rates payable to the local government. (6) The charge is in addition to any other remedy the local government has for recovery of the unpaid amount. Division 5 Recovery of costs from third parties 33 Recipient may apply for contribution (1) This section applies if the recipient of a public health order has complied with the order and considers another person (the third party) is wholly or partly responsible for the public health risk the subject of the order. (2) The recipient may apply to a magistrates court for an order that the third party pay part or all of the costs of removing or reducing the risk to public health from the public health risk, or of preventing the risk to public health from recurring (the cost recovery order). (3) The application must— (a) be sworn; and (b) state the grounds on which the application is made; and (c) state the name of the third party; and (d) state the amount sought from the third party; and (e) be accompanied by a copy of the public health order. (4) The magistrate may refuse to consider the application until the applicant gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires. Example— The magistrate may require additional information supporting the application be given by statutory declaration. 34 Notice of hearing of cost recovery order must be given (1) The third party to whom the application relates must be given a notice at least 14 days before the day the application is to be heard. (2) The notice— (a) must be accompanied by a copy of the application; and (b) must state— (i) the time when and the place where the application is to be heard; and (ii) that the third party may appear at the hearing and be heard on the application; and (iii) that, if the third party does not appear, the application may be decided in the absence of the third party. (3) If the third party appears at the time and place stated in the notice, the third party is entitled to be heard on the application. (4) If the third party does not appear at the time and place stated in the notice, the application may be decided in the absence of the third party. 35 When magistrates court may make cost recovery order (1) A magistrates court may make a cost recovery order against the third party if it is satisfied— (a) a public health order was given to a person; and (b) the person has complied with the order and has paid, or is liable to pay, an amount for the cost of complying with the order; and (c) the third party is responsible for part or all of the public health risk the subject of the order; and (d) a copy of the application for the cost recovery order has been given to the third party. (2) An order made by the court is a judgment in the court's civil jurisdiction. Part 4 Authorised prevention and control programs 36 Chief executive may authorise prevention and control program (1) This section applies if the chief executive is satisfied there is, or is likely to be, in an area— (a) an outbreak of a disease capable of transmission to humans by designated pests; or (b) a plague or infestation of designated pests. (2) The chief executive may authorise, in writing, a prevention and control program for the area (the chief executive's authorisation). (3) However, subsection (4) applies if a prevention and control program relates to 1 of the following that affects animals— (a) prohibited matter or restricted matter under the Biosecurity Act 2014; Notes— 1 See the Biosecurity Act 2014, schedule 1 or schedule 2. 2 See also the note to the Biosecurity Act 2014, schedules 1 and 2. (b) controlled biosecurity matter or regulated biosecurity matter under the Biosecurity Act 2014. (4) Before authorising the prevention and control program, the chief executive must consult the chief executive administering the Biosecurity Act 2014. (5) Also, before authorising a prevention and control program the chief executive must consult with the local government for the area to which the program relates. 37 What chief executive's authorisation must state The chief executive's authorisation must state the following— (a) the reasons for the prevention and control program; (b) the designated pests to which the program relates; (c) the area to which the program relates; (d) the types of places within the area to which the program relates; (e) the measures to be taken under the program; (f) the duration of the program; (g) who is to undertake the program; (h) any conditions about the way the program is to be undertaken. 38 Publication of authorisation (1) The chief executive must publish the chief executive's authorisation at least 7 days before the start of the program, in the area to which the program relates, by newspaper, radio or television. (2) Failure to publish the authorisation does not affect the authorisation. 39 Who may undertake prevention and control program (1) For section 37(g) the chief executive may authorise— (a) 1 or more local governments, if the chief executive officer of each local government agrees; or (b) the State; or (c) the State and 1 or more local governments, if the chief executive officer of each local government agrees. (2) A prevention and control program must be undertaken by authorised persons. 40 Powers available for prevention and control program (1) For undertaking a prevention and control program, an authorised person may exercise only the powers under this part and must not exercise the powers under chapter 9. (2) Subsection (1) does not apply to the investigation by an authorised person of the contravention of a provision of this part. 41 Power of authorised persons to enter place for prevention and control program (1) For undertaking a prevention and control program, an authorised person may enter a place in the area to which the program relates at any reasonable time of the day or night, to search for— (a) the designated pests to which the program relates; and (b) an animal, structure, substance or other thing that— (i) is, or is likely to become, a breeding ground or source of food for designated pests; or (ii) harbours, or is likely to become something that harbours, designated pests. (2) An authorised person may not enter a dwelling under subsection (1) without the occupier's consent. (3) For subsection (2), the following do not form part of a dwelling— (a) a carport, other than a carport to which access is restricted; (b) the area of a verandah or deck to which access is not restricted and no provision is made to restrict access; (c) the area underneath the dwelling to which access is not restricted and no provision is made to restrict access; (d) any other external part of the dwelling, including, for example, the dwelling's gutters; (e) land around the dwelling. 42 Notification of entry (1) This section applies if an authorised person enters a place under section 41 and an occupier is present at the place. (2) The authorised person must immediately after entering the place— (a) produce the authorised person's identity card for the occupier's inspection; and (b) inform the occupier about the prevention and control program. 43 Powers of authorised persons after entry (1) This section applies if an authorised person enters a place under section 41. (2) The authorised person may exercise the following powers— (a) take reasonable steps to eradicate or prevent the occurrence or recurrence of the designated pests, including by the use of pesticides; (b) take a thing, or a sample of or from a thing, at the place for analysis or testing; (c) take into or onto the place any persons, equipment and materials the authorised person reasonably requires for exercising a power under this section; (d) require a person at the place to give the authorised person reasonable help to exercise the authorised person's powers under paragraphs (a) to (c). (3) When making a requirement mentioned in subsection (2)(d), the authorised person must warn the person it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse. (4) Also, the authorised person may, under part 3, give a person a public health order if— (a) the authorised person is appointed for part 3; and (b) the public health order is for the prevention or control of the designated pests to which the prevention and control program relates. 44 Failure to help authorised person A person required to give reasonable help under section 43(2)(d) must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—50 penalty units. 45 Person must not interfere with steps taken A person must not do anything that interferes with a step taken by an authorised person under a prevention and control program, unless the person has a reasonable excuse. Maximum penalty—100 penalty units. 46 Notification of prevention and control program An authorised person must, after exercising the authorised person's powers under a prevention and control program at a place— (a) if an occupier is present at the place, inform the occupier— (i) of any steps taken, or to be taken, under the program to eradicate or prevent the occurrence or recurrence of the designated pests; and (ii) if steps have been taken, or are to be taken—that it is an offence to do anything that interferes with a step taken; or (b) if an occupier is not present at the place, leave a notice at the place in a reasonably secure way and in a conspicuous position stating— (i) the purpose of the prevention and control program; and (ii) any steps taken, or to be taken, under the program to eradicate or prevent the occurrence or recurrence of designated pests; and (iii) if steps have been taken, or are to be taken—that it is an offence to do anything that interferes with a step taken; and (iv) the name and contact details of the authorised person. Part 5 Environmental health events Division 1 Definition 47 Meaning of environmental health event (1) An environmental health event is an event involving human exposure to a substance or other thing that is known to have, or is reasonably suspected of having, an adverse effect on human health. (2) Exposure may happen in connection with— (a) a single identifiable event; or Example of a single identifiable event— an outbreak in a hospital of a new strain of a previously controlled bacterial infection (b) a situation that happens over a period of time. Example of a situation that happens over a period of time— the exposure to industrial fumes, over a period of years, of persons in a populated area Division 2 Establishment of environmental health event register 48 Environmental health event register (1) The chief executive may establish and keep a register (an environmental health event register) for an environmental health event if the chief executive considers the event has or may have significant direct or indirect adverse effects on human health. (2) The chief executive may keep the register in a form the chief executive considers appropriate, including an electronic form. (3) Before establishing the register, the chief executive must obtain and consider the views of a human research ethics committee about the register. 49 Purposes of register The purposes for establishing an environmental health event register for an environmental health event are the following— (a) to help monitor and analyse any adverse effects on human health resulting from the event; (b) to provide information that may help in the prevention, minimisation or treatment of any adverse effects on human health resulting from the event or a similar future event. 50 What register must contain An environmental health event register must contain— (a) the information that is necessary or convenient for giving effect to the purposes of the register; and (b) any information prescribed under a regulation. Division 3 Notifications about environmental health event register 51 Notification of establishment of register (1) As a soon as practicable after establishing an environmental health event register the chief executive must notify the register's establishment in the gazette. (2) The notification must include the following— (a) a description of the environmental health event; (b) a description of the substance or other thing relevant to the event known to have, or suspected of having, an adverse effect on human health; (c) the type of human exposure to the substance or thing as a result of the event; (d) the geographic area of human exposure to the substance or thing as a result of the event; (e) contact details within the department where further details about the register may be obtained. 52 Notification inviting inclusion in register (1) As soon as practicable after notifying the establishment of an environmental health event register for an environmental health event the chief executive must— (a) notify all persons the chief executive considers may have been exposed to a substance or thing because of the event; and (b) if satisfied a person may have been exposed to a substance or thing as a result of the event, offer the person the opportunity of having the person's details included on the register. (2) Notification under subsection (1)(a) may be made in the way the chief executive considers appropriate, including, for example, by personal notification or by way of newspaper, radio or television. Division 4 Confidentiality and use of information supplied for environmental health event register 53 Definitions for div 4 In this division— confidential information means information that has become known to a relevant person in the course of performing the relevant person's functions for this part. information includes a document. relevant person means the following— (a) a person who is, or was, the chief executive; (b) a person who is, or was, involved in the administration or enforcement of this part, including, for example, a health service employee or a public service employee. 54 Restriction on inconsistent use of information A relevant person must not use confidential information for a purpose inconsistent with the purposes of the relevant environmental health event register. Maximum penalty—50 penalty units. 55 Confidentiality of information (1) A relevant person must not, whether directly or indirectly, disclose confidential information. Maximum penalty—50 penalty units. (2) However, subsection (1) does not apply if— (a) the confidential information is disclosed— (i) in the performance of functions under this Act; or (ii) with the written consent of the person to whom the information relates; or (iii) to the person to whom the information relates; or (iv) in a form that could not identify any person; or (b) the disclosure of the confidential information is authorised under an Act or another law. (3) The Hospital and Health Boards Act 2011, section 142 does not apply to a relevant person in relation to confidential information. Note— As a specific offence is created under subsection (1), subsection (3) provides that the more general provision in the Hospital and Health Boards Act 2011, section 142 (Confidential information must not be disclosed) does not apply. 56 Release of information for an investigation under the Coroners Act (1) This section applies if a coroner is investigating the death of a person. (2) The chief executive may give to the coroner, or to a police officer helping the coroner to investigate the death, information from the environmental health event register that is relevant to the person's death. (3) The coroner or police officer to whom the information is given and anyone else to whom the information is subsequently given under this subsection must not use or disclose the information other than— (a) for a purpose of the investigation; or (b) as otherwise required or permitted under this or another Act. 57 Use of environmental health event register (1) The Minister may, by gazette notice, declare that information contained in an environmental health event register is protected information. (2) The Minister may make a declaration under subsection (1) only if the Minister reasonably believes it is in the public interest to do so. (3) If the Minister makes a declaration under subsection (1), the protected information— (a) can not be accessed under any order, whether of a judicial or administrative nature, other than an order for the purpose of this Act; and (b) is not admissible in any proceeding, other than a proceeding under this Act. (4) A person can not be compelled to produce the protected information, or to give evidence relating to the protected information, in any proceeding, other than a proceeding under this Act. (5) Subsections (3)(b) and (4) do not apply if the protected information is admitted or produced, or evidence relating to the information is given, with the consent of the person to whom the information relates. (6) Nothing in this section limits— (a) the giving, use or disclosure of information under section 56; or (b) access to protected information by the chief executive or a person authorised by the chief executive. (7) In this section— order includes a direction or other process. Part 5A Provisions about drinking water and recycled water Division 1 Improvement notices 57A Improvement notice (1) This section applies if an authorised person appointed by the chief executive reasonably believes— (a) a water service provider— (i) is contravening section 57E or 57F; or (ii) has contravened section 57E or 57F in circumstances that make it likely the contravention will continue or be repeated; and (b) a matter relating to the contravention can be remedied; and (c) it is appropriate to give the water service provider an opportunity to remedy the matter. (2) The authorised person may give the water service provider a notice (an improvement notice) requiring the water service provider to remedy the contravention or have the contravention remedied. (3) The improvement notice must state the following— (a) the provision the authorised person believes is being, or has been, contravened (the relevant provision); (b) that the authorised person reasonably believes the water service provider— (i) is contravening the relevant provision; or (ii) has contravened the relevant provision in circumstances that make it likely the contravention will continue or be repeated; (c) briefly, how it is believed the relevant provision is being, or has been, contravened; (d) the period within which the water service provider must remedy the contravention or have the contravention remedied; (e) that it is an offence to fail to comply with the improvement notice unless the water service provider has a reasonable excuse. (4) The period stated under subsection (3)(d) must be reasonable having regard to the risk to public health or safety posed by the contravention. (5) The improvement notice may also state the reasonable steps that the authorised person considers necessary to remedy the contravention, or avoid further contravention, of the relevant provision. Example of reasonable steps— a requirement to issue notices about the need to boil water to remove contaminants from the water (6) The authorised person must keep a copy of the improvement notice. (7) The water service provider must comply with the improvement notice unless the provider has a reasonable excuse. Maximum penalty—the maximum penalty for contravening the relevant provision. (8) The water service provider can not be prosecuted for the offence for which the improvement notice is given unless the provider fails to comply with the improvement notice and does not have a reasonable excuse for the noncompliance. (9) A water service provider may be prosecuted for the contravention of a relevant provision without an authorised person first giving an improvement notice for the contravention. 57B Record of compliance with improvement notice (1) If a water service provider who is given an improvement notice by an authorised person under this division reasonably believes the provider has complied with the notice, the provider may inform the authorised person of the belief. (2) If the authorised person is satisfied the water service provider has complied with the improvement notice, the authorised person must— (a) record the date of the compliance on the authorised person's copy of the notice; and (b) if asked, give a copy of the notice to the water service provider. Division 2 Offences about supply of drinking water or recycled water Subdivision 1 Preliminary 57C When drinking water is unsafe Drinking water is unsafe at a particular time if it would be likely to cause physical harm to a person who might later consume it, assuming nothing happened to it after that particular time and before being consumed by the person that would prevent its being used for its intended use. 57D When recycled water is fit for use Recycled water is fit for use at a particular time if it would not be likely to cause physical harm to a person who might later be exposed to it, assuming— (a) nothing happened to it after that particular time and before the person was exposed to it that would prevent its being used for its intended use; and (b) it was used according to its intended use. Subdivision 2 Offences 57E Supply of unsafe drinking water A drinking water service provider must not supply drinking water that the provider knows, or reasonably ought to know, is unsafe. Maximum penalty—3,000 penalty units or 2 years imprisonment. Note— This provision is an executive liability provision—see section 448. 57F Supply of recycled water that is not fit for use (1) This section applies to a recycled water provider that supplies recycled water for use other than as drinking water. (2) The recycled water provider must not supply the recycled water if the provider knows, or reasonably ought to know, the recycled water is not fit for use. Maximum penalty—1,350 penalty units or 2 years imprisonment. Note— This provision is an executive liability provision—see section 448. Division 3 Information requests 57G Power to require information (1) This section applies if— (a) an authorised person appointed by the chief executive reasonably believes— (i) there is a risk to public health or safety because of the production or supply of drinking water or recycled water; and (ii) a person may be able to give information about the circumstances giving rise to the risk; and (b) the authorised person has explained to the person that information is needed to attempt to prevent or minimise the risk or potential risk to public health. (2) The authorised person may ask the person to give the authorised person the following information (the required information) within a stated reasonable period— (a) the person's name and address where the person can be contacted; (b) information about the circumstances giving rise to the risk. (3) The authorised person may ask the person to give the authorised person evidence of the correctness of the required information, within a stated reasonable period, if the authorised person reasonably suspects the information to be false. (4) If the person does not comply with a request under subsection (2) or (3), the authorised person may give the person a notice that— (a) states the required information the person is required to give; and (b) states the information is needed to attempt to prevent or minimise a risk or potential risk to public health; and (c) requires the person to give the authorised person the required information within a stated reasonable period; and (d) warns the person it is an offence to not give the required information, unless the person has a reasonable excuse. 57H Failure to give information (1) A person who is given a notice under section 57G(4) must comply with the notice, unless the person has a reasonable excuse. Maximum penalty—50 penalty units. (2) If the person is an individual, it is a reasonable excuse for the person to fail to comply with the notice that complying with the notice might tend to incriminate the person. Part 6 Lead 58 Lead in buildings must not be accessible to children (1) A person must not use or permit the use of lead in, or for the purposes of, constructing, erecting, altering, extending, improving, renovating or repairing a building or part of a building if the lead is, or may be, easily accessible to children. Maximum penalty—100 penalty units. (2) The owner of a building, or part of a building, must not knowingly allow lead to remain in or on the building or part of the building if the lead is, or may be, easily accessible to children. Maximum penalty—100 penalty units. 59 Lead must not be used in water collection (1) A person must not use, or permit the use of, in a building any of the following things if the thing has in or on it a substance that contains lead— (a) a roof, guttering, downpipe or other thing for carrying water to a tank or other receptacle for potable water; (b) a tank or other receptacle for potable water. Maximum penalty—100 penalty units. (2) The owner of a building must not knowingly allow any of the following to remain in the building if they have in or on them a substance that contains lead— (a) a roof, guttering, downpipe or other thing for carrying water to a tank or other receptacle for potable water; (b) a tank or other receptacle for potable water. Maximum penalty—100 penalty units. (3) In this section— potable water means water that is intended to be, or is likely to be, used for human consumption. Part 7 Paint 60 Person must comply with standard A person manufacturing, selling, supplying or using paint must comply with a provision of a standard prescribed by regulation. Maximum penalty—100 penalty units. Part 8 Regulations about public health risks 61 Regulations about public health risks (1) A regulation may be made for this chapter about public health risks including— (a) standards for water quality in residential and non-residential swimming pools, spas, hydrotherapy pools, water slides and recreational water parks, for human use; and (b) measures to control designated pests, including— (i) standards for the proofing of any building against designated pests; and (ii) procedures to be followed to prevent the breeding of, to eliminate any refuge or food source for, or to eradicate, designated pests; and (iii) the imposition of a permit system for keeping designated pests; and (c) measures to prevent and control public health risks. (2) A regulation made under this section must state whether the regulation is to be administered and enforced by— (a) the State only; or (b) local governments only. (3) A regulation made under this section does not bind the State except to the extent prescribed by the regulation. Chapter 2A Water risk management plans Part 1 Preliminary 61A Definitions for chapter In this chapter— approved provider means an entity for which an approval is in force under the Aged Care Act 1997 (Cwlth). cooling tower see the Work Health and Safety Act 2011, schedule 1, part 1, section 1(6). hazard means— (a) Legionella; or (b) microorganisms, substances or physical properties of water that are reasonably expected to cause injury or illness to an individual; or (c) microorganisms or substances prescribed by regulation. hazardous event, for a prescribed facility, means— (a) an event, or series of events, that causes or has the potential to cause the presence of a hazard in water within a prescribed facility's water distribution system; or (b) an interruption of the supply of water to the prescribed facility. hazard source means a location or condition that establishes or increases the presence of a hazard. Legionella means bacteria belonging to the genus Legionella. prescribed facility means— (a) a public sector hospital that provides treatment or care to inpatients; or (b) a private health facility licensed under the Private Health Facilities Act 1999; or (c) a State aged care facility; or (d) a residential aged care facility, other than a State aged care facility, prescribed by regulation. prescribed test means a test for Legionella prescribed by regulation for this chapter. residential aged care facility means a facility at which an approved provider provides residential care under the Aged Care Act 1997 (Cwlth). residential care has the meaning given by the Aged Care Act 1997 (Cwlth), section 41–3. responsible person, for a prescribed facility, means— (a) for a prescribed facility that is a public sector hospital—the health service chief executive for the public sector hospital; or (b) for a prescribed facility that is a private health facility licensed under the Private Health Facilities Act 1999—the licensee for the private health facility under that Act; or (c) for a prescribed facility that is a State aged care facility—the health service chief executive for the State aged care facility; or (d) for a prescribed facility that is a residential aged care facility, other than a State aged care facility—the approved provider that provides residential care at the residential aged care facility. State aged care facility means a residential aged care facility at which the State provides residential care. water distribution system, of a prescribed facility— (a) means the infrastructure within the prescribed facility from every point where water enters the facility through the infrastructure to every point where the water is used; but (b) does not include a cooling tower. water risk management plan, for a prescribed facility, means a written plan to prevent or minimise the risks posed by hazards, hazard sources or hazardous events to individuals at the prescribed facility. 61B Operation of chs 2 and 2A Nothing in this chapter is intended to affect the operation of chapter 2. Part 2 Requirement and content of plans 61C Requirement for water risk management plans The responsible person for a prescribed facility must ensure there is a water risk management plan for the prescribed facility that complies with section 61D, unless the person has a reasonable excuse. Maximum penalty—500 penalty units. 61D Content of water risk management plans The water risk management plan for a prescribed facility must— (a) describe the prescribed facility's water distribution system; and (b) identify hazards, hazard sources and hazardous events relevant to water within the prescribed facility's water distribution system; and (c) assess the risks associated with hazards, hazard sources and hazardous events identified under paragraph (b); and (d) state the following— (i) measures to be taken to control the risks assessed under paragraph (c); (ii) the procedures that must be implemented for monitoring the effectiveness of the measures; (iii) a schedule that must be complied with for testing water for Legionella and other identified hazards at a frequency informed by the risks, measures and procedures; (iv) the way records of results obtained under subparagraphs (ii) and (iii) will be kept; and (e) state procedures for responding to— (i) the results of monitoring that indicate the failure of measures taken to control risks assessed under paragraph (c); and (ii) the results of testing that indicate the presence of a hazard in water within the prescribed facility's water distribution system; and (f) include a requirement for the water risk management plan to be reviewed and when that review is to be carried out; and (g) include any other requirement prescribed by regulation. 61E Amending water risk management plans (1) This section applies if the chief executive is satisfied a water risk management plan for a prescribed facility requires amendment to comply with section 61D. (2) The chief executive may give the responsible person for the prescribed facility a notice requiring the responsible person to amend the water risk management plan. (3) The notice must state the following— (a) that the responsible person must amend the water risk management plan; (b) the way the water risk management plan must be amended; (c) the day by which the water risk management plan must be amended; (d) the day by which the responsible person must give the chief executive a copy of the amended water risk management plan. (4) The responsible person must comply with the notice, unless the responsible person has a reasonable excuse. Maximum penalty—500 penalty units. Part 3 Compliance 61F Obligation to give chief executive copy of water risk management plans (1) The chief executive may, by notice, ask the responsible person for a prescribed facility to give the chief executive a copy of the water risk management plan for the prescribed facility by the day stated in the notice. (2) The responsible person must comply with the notice, unless the person has a reasonable excuse. Maximum penalty—200 penalty units. 61G Complying with water risk management plans (1) The responsible person for a prescribed facility must ensure the facility operates in a way that complies with the facility's water risk management plan, unless the responsible person has a reasonable excuse. Maximum penalty—500 penalty units. (2) The responsible person for a prescribed facility must take all reasonable steps to ensure each person who has an obligation to comply with the plan, while the facility is operating, complies with the plan, unless the responsible person has a reasonable excuse. Maximum penalty—200 penalty units. 61H Obligation to notify chief executive of Legionella (1) This section applies if the result of a prescribed test confirms the presence of Legionella in water used by a prescribed facility. (2) A person in charge of the prescribed facility must, under subsection (3), give the chief executive a notice about the result of the test, unless the person has a reasonable excuse. Maximum penalty— (a) if the offence is committed intentionally—1,000 penalty units; or (b) otherwise—200 penalty units. (3) The notice must— (a) be in the approved form; and (b) be given to the chief executive within 1 business day after the person in charge is notified of the result of the test; and (c) comply with any other requirements prescribed by regulation. 61I Obligation to give chief executive reports (1) A person in charge of a prescribed facility must, under subsection (2), give the chief executive a report for each reporting period about the results of prescribed tests carried out under the water risk management plan for the prescribed facility, unless the person has a reasonable excuse. Maximum penalty—200 penalty units. (2) The report must— (a) be in the approved form; and (b) be given to the chief executive within 30 business days after the end of the reporting period; and (c) comply with any other requirements prescribed by regulation. (3) In this section— reporting period means a period prescribed by regulation. 61J False or misleading reports (1) A person must not give the chief executive a report under section 61I containing information the person knows is false or misleading in a material particular. Maximum penalty—1,000 penalty units. (2) Subsection (1) does not apply to a person if the person, when giving the report— (a) tells the chief executive, to the best of the person's ability, how it is false or misleading; and (b) if the person has, or can reasonably obtain, the correct information—gives the correct information. 61K Chief executive may publish reports (1) The chief executive may publish in a report— (a) notices about the presence of Legionella given to the chief executive under section 61H; or (b) reports about prescribed tests given to the chief executive under section 61I. (2) The report may also include any other information the chief executive considers relevant to the notices or reports. (3) Ho