South Australia: South Australian Public Health Act 2011 (SA)

South Australia South Australian Public Health Act 2011 An Act to promote and to provide for the protection of the health of the public of South Australia and to reduce the incidence of preventable illness, injury and disability; and for other purposes. Contents Part 1—Preliminary 1 Short title 3 Interpretation Part 2—Objects, principles and interaction with other Acts 4 Objects of Act 5 Principles to be recognised under Act 6 Precautionary principle 7 Proportionate regulation principle 8 Sustainability principle 9 Principle of prevention 10 Population focus principle 11 Participation principle 12 Partnership principle 13 Equity principle 14 Specific principles—Parts 10 and 11 15 Guidelines 16 Interaction with other Acts Part 3—Administration Division 1—Minister 17 Minister 18 Power to require reports 19 Delegation by Minister Division 2—Chief Public Health Officer 20 Office of Chief Public Health Officer 21 Functions of Chief Public Health Officer 22 Risk of avoidable mortality or morbidity 23 Biennial reporting by Chief Public Health Officer 24 Delegation 25 Appointment of Acting Chief Public Health Officer Division 3—South Australian Public Health Council 26 Establishment of SAPHC 27 Composition of SAPHC 28 Conditions of appointment 29 Allowances and expenses 30 Validity of acts 31 Functions of SAPHC 32 Conduct of business 33 Committees and subcommittees 34 Delegation by SAPHC 35 Annual report 36 Use of facilities Division 4—Councils 37 Functions of councils 38 Immunisation services 39 Cooperation between councils 40 Power of Chief Public Health Officer to act 41 Council failing to perform a function under Act 42 Transfer of function of council at request of council Division 5—Authorised officers 43 State authorised officers 44 Local authorised officers 45 Qualifications 46 Identity cards 47 Powers of authorised officers Division 6—Emergency officers 48 Emergency officers Division 7—Specific power to require information 49 Specific power to require information Part 4—Public health plans Division 1—State public health plan 50 State public health plan Division 2—Regional public health plans 51 Regional public health plans 52 Reporting on regional public health plans Part 5—Public health policies 53 Public health policies 54 Procedure for making policies 55 Reference of policies to Parliament Part 6—General duty 56 General duty Part 7—General public health offences 57 Material risk to public health 58 Serious risk to public health 59 Defence of due diligence 60 Alternative finding Part 8—Prevention of non‑communicable conditions 61 Declaration of non‑communicable conditions 62 Minister may issue code of practice Part 9—Notifiable conditions and contaminants Division 1—Notifiable conditions 63 Declaration of notifiable conditions 64 Notification 65 Report to councils 66 Action to prevent spread of infection Division 2—Notifiable contaminants 67 Declaration of notifiable contaminants 68 Notification of contaminant Part 10—Controlled notifiable conditions Division 1—Preliminary 69 Principles 70 Declaration of controlled notifiable conditions 71 Chief Public Health Officer to be able to act in other serious cases 72 Children Division 2—Controls 73 Power to require a person to undergo an examination or test 74 Power to require counselling 75 Power to give directions 76 Review by Tribunal 77 Power to require detention 78 Review of detention orders by Supreme Court 79 Warrants 80 General provisions relating to orders, requirements and directions 81 Duty to comply Division 3—Related matters 82 Advisory Panels 83 Interstate orders 84 Protection of information Part 11—Management of significant emergencies 85 Principles 86 Public health incidents 87 Public health emergencies 88 Making and revocation of declarations 89 Powers and functions of Chief Executive 90 Application of Emergency Management Act Part 11A—COVID-19 arrangements 90A Interpretation 90B Principles 90C Directions 90D Enforcement of directions 90E Expiry of directions etc 90F Modifications of Act 90G Appeal rights Part 12—Notices and emergency situations Division 1—Interpretation 91 Interpretation Division 2—Notices and emergencies 92 Notices 93 Action on non‑compliance with notice 94 Action in emergency situations Division 3—Reviews and appeals 95 Reviews—notices relating to general duty 96 Review by Tribunal Part 12A—Immunisation and Early Childhood Services 96A Interpretation 96B Requirement to provide immunisation records to service provider 96BA Prohibition on enrolment in early childhood services where immunisation requirements not met 96BB Prohibition on providing early childhood services where immunisation requirements not met 96C Provision of information to Chief Public Health Officer on outbreak of vaccine preventable disease 96D Exclusion of children from premises on outbreak of vaccine preventable disease 96E Exemptions Part 13—Miscellaneous 97 Tests on deceased persons 98 Delegation by Chief Executive 99 Confidentiality 100 Confidentiality and provision of certain information 101 Service of notices or other documents 102 Immunity 103 Protection from liability 103A COVID-19—Crown immunity 104 False or misleading information 105 Offences 106 Offences by bodies corporate 107 Continuing offences 108 Evidentiary provision 109 Regulations 110 Review of Act Schedule 1—Transitional provisions Part 10—Transitional provisions 12 Interpretation 13 Appeals 14 Detention 15 Directions 16 Other transitional provisions Legislative history The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the South Australian Public Health Act 2011. 3—Interpretation (1) In this Act, unless the contrary intention appears— appointed member of SAPHC means a member of SAPHC other than the Chief Public Health Officer; authorised officer means a person appointed to be a State or local authorised officer under Part 3 Division 5; building includes a structure; Chief Executive means the Chief Executive of the Department and includes a person for the time being acting in that position; Chief Public Health Officer includes a person for the time being acting in that position; contaminant means any of the following prescribed by regulation: (a) an antibiotic; (b) a pathogen; (c) another thing that may contaminate food or any other prescribed substance or material; controlled notifiable condition means a disease or medical condition that is a controlled notifiable condition, or taken to be a controlled notifiable condition, under Part 10; council means a council within the meaning of the Local Government Act 1999; council subsidiary means a subsidiary of a council established under the Local Government Act 1999; the Department means the administrative unit of the Public Service that is, under the Minister, responsible for the administration of this Act; District Court means the Administrative and Disciplinary Division of the District Court; emergency has the same meaning as in the Emergency Management Act 2004; emergency officer means a police officer or a person holding an appointment as an emergency officer under Part 3 Division 6; food has the same meaning as in section 5 of the Food Act 2001; food business has the same meaning as in section 4 of the Food Act 2001; legal practitioner means a person admitted and enrolled as a practitioner of the Supreme Court of South Australia; LGA means the Local Government Association of South Australia; local authorised officer—see section 44; local government area means the area of a council; medical condition includes— (a) a medical symptom or pattern of medical symptoms, including symptoms discerned from any signs or results of investigations, that indicate a disease (whether defined or yet to be determined); (b) an illness or injury arising from a person being contaminated by 1 or more substances or biological pathogens; (c) an injury or any death that gives rise to a public health concern; medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student); notifiable condition means a disease or medical condition that is a notifiable condition under Part 9; pathology service means a service in which human tissue, human fluids or human body products are subjected to analysis for the purposes of the prevention, diagnosis or treatment of disease in human beings; premises means— (a) any land, building (including residential premises) or place (including a public place, or a movable building or structure); or (b) a part of premises; public authority means— (a) a department under the Public Sector Act 2009; or (b) a body, whether incorporated or unincorporated, established for a public purpose by the State, regardless of the way in which it is established; or (c) a council or council subsidiary; or (d) the Police Force of South Australia; or (e) a member or officer of a body referred to in a preceding paragraph; or (f) a person or body, or a person or body of a class, brought within the ambit of this definition by the regulations; public health means the health of individuals in the context of the wider health of the community; public health emergency—see section 87; Public Health Emergency Management Plan means a plan (or a series of plans) prepared by the Chief Executive and approved by the Minister comprising strategies to be administered by the Department for the prevention of emergencies in this State and for ensuring adequate preparation for emergencies in this State, including strategies for the containment of emergencies, response and recovery operations and the orderly and efficient deployment of resources and services in connection with response and recovery operations; Note— It is contemplated that the Public Health Emergency Management Plan will form part of, or be recognised in, the State Emergency Management Plan prepared under the Emergency Management Act 2004. public health incident—see section 86; public notice means notice given in accordance with requirements prescribed by the regulations for the purposes of this definition; public place includes a place to which the public ordinarily has access; recovery operations has the same meaning as in the Emergency Management Act 2004; response operations has the same meaning as in the Emergency Management Act 2004; SAPHC means the South Australian Public Health Council established under Part 3 Division 3; State authorised officer—see section 43; State Co‑ordinator means the person holding or acting in the position of State Co‑ordinator under the Emergency Management Act 2004; Tribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013; vehicle includes an aircraft or vessel; wastewater means water that has been used in any form of human activity and includes— (a) water containing any form of waste or other matter or substance that may detract from its safety or from public health; and (b) without limiting paragraph (a), human waste either alone or in combination with water; wastewater system means a system for collecting and managing wastewater (including through treatment, reuse and disposal), whether or not connected to the undertaking within the meaning of the Sewerage Act 1929. (2) Without limiting the definition of public health in subsection (1), public health may involve a combination of policies, programs and safeguards designed— (a) to protect, maintain or promote the health of the community at large, including where 1 or more persons may be the focus of any safeguards, action or response; or (b) to prevent or reduce the incidence of disease, injury or disability within the community. (3) For the purposes of this Act, harm includes physical or psychological harm, or potential harm, to individuals, whether of long term or immediate impact or effect. (4) For the purposes of this Act, potential harm includes risk of harm and future harm. (5) For the purposes of this Act, a person may cause something if he or she— (a) contributes to something happening or proceeding, or allows or permits something to happen or proceed; or (b) contributes to the continuation of a condition for which the person is responsible, or allows or permits a condition for which the person is responsible to continue. 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. Part 3—Administration Division 1—Minister 17—Minister (1) The Minister's functions in connection with the administration of this Act include the following (to be performed to such extent as the Minister considers appropriate): (a) to further the objects of this Act by taking action to preserve, protect or promote public health within the State; (b) to promote proper standards of public and environmental health within the State by ensuring that adequate measures are taken to give effect to the provisions of this Act and to ensure compliance with this Act; (c) to develop policies or codes of practice that are relevant to— (i) the scope of the duty under Part 6; or (ii) identifying risks to public health; or (iii) setting standards in connection with any activity, material, substance or equipment relevant to public health; or (iv) providing for other matters relevant to the operation or administration of this Act, for matters that may be subject to regulations under this Act, or for such other matters as the Minister thinks fit; (d) to the extent that may be necessary, practicable or desirable, to cooperate and coordinate with national or international action consistent with the objects of this Act; (e) to be a primary source of advice to the Government about health preservation, protection and promotion; (f) any other functions assigned to the Minister by this Act, or considered by the Minister to be relevant to the operation of this or any other relevant Act. (2) The Minister may develop or adopt procedures for the provision of advice to the Government— (a) to ensure the promotion or implementation of policies or measures that are designed to enhance the health of individuals and communities; and (b) to ensure that the Minister is consulted or involved in the development of policies or measures that may have a significant impact on the public health. (3) In addition, the Minister has the power to do anything necessary, expedient or incidental to— (a) performing the functions of the Minister under this Act; or (b) administering this Act; or (c) furthering the objects of this Act. 18—Power to require reports (1) In this section— designated authority means— (a) the Chief Public Health Officer; or (b) SAPHC; or (c) a government department or agency; or (d) a council or council subsidiary. (2) The Minister may require a designated authority to provide a report on any matter relevant to the administration or operation of this Act. (3) In a case involving a council, the Minister may require that the council provide a combined report with 1 or more other councils. (4) A requirement under this section may be (but need not necessarily be) that a report be provided— (a) on a periodic basis specified by the Minister; or (b) on or in relation to the occurrence of an act or event specified by the Minister. (5) A designated authority must provide the report in accordance with the requirements of the Minister. (6) This section does not limit the operation of any other provision relating to the provision of reports. 19—Delegation by Minister (1) The Minister may delegate a function or power conferred on the Minister under this Act— (a) to a specified person or body; or (b) to a person occupying or acting in a specified office or position. (2) A delegation— (a) may be made subject to conditions or limitations specified in the instrument of delegation; and (b) if the instrument of delegation so provides, may be further delegated by the delegate; and (c) is revocable at will and does not prevent the delegator from acting personally in a matter. Division 2—Chief Public Health Officer 20—Office of Chief Public Health Officer (1) There will be a position of Chief Public Health Officer. (2) The Governor will make an appointment to the position of Chief Public Health Officer on the recommendation of the Minister. (3) A person appointed as the Chief Public Health Officer must have qualifications and experience in the field of public health, or a related field, determined by the Minister to be suitable for the purposes of appointment to the position of Chief Public Health Officer. (4) The terms on which a person is appointed to the position of Chief Public Health Officer will be determined by the Governor. (5) The position of Chief Public Health Officer may be held by a member of the Public Service. 21—Functions of Chief Public Health Officer (1) The Chief Public Health Officer's functions are as follows: (a) to develop and implement strategies to protect or promote public health; (b) to ensure that this Act, and any designated health legislation, are complied with; (c) to advise the Minister and the Chief Executive of the Department about proposed legislative or administrative changes related to public health, and about other matters relevant to public health; (d) to establish and maintain a network of health practitioners and agencies designed to foster collaboration and coordination to promote public health and the furtherance of the objects of this Act; (e) at the request of the Minister or on the Chief Public Health Officer's own initiative, to investigate and report on matters of public health significance; (f) after advising the Minister and the Chief Executive of the Department, to make public statements on matters relevant to public health; (g) any other functions assigned to the Chief Public Health Officer by this Act or any other Act or by the Minister. (2) The Chief Public Health Officer must, in the performance of functions under this Act, insofar as the Chief Public Health Officer thinks necessary and appropriate, consult with other persons or bodies involved in the administration of this Act. (3) In subsection (1)— designated health legislation means— (a) any other Act committed to the administration of the Minister that is relevant to the objects or operation of this Act; and (b) any other Act, or any part of any other Act, designated by the regulations for the purposes of this paragraph. 22—Risk of avoidable mortality or morbidity (1) If— (a) the Chief Public Health Officer becomes aware of the existence of, or potential for the occurrence of, a situation putting a section of the community or a group of individuals at an increased risk of avoidable mortality or morbidity; and (b) the Chief Public Health Officer considers that effective solutions exist for the reduction or elimination of those risks, the Chief Public Health Officer may request the participation of any public authority whose intervention may be useful in identifying or producing a response to the circumstances being faced. (2) A public authority that receives a request under subsection (1) must consider the request and then respond to the Chief Public Health Officer within a reasonable time. (3) A response under subsection (2) must include details about— (a) any steps already being taken by the public authority that may be relevant in the circumstances; and (b) any plans that the public authority may have that may be relevant in the circumstances; and (c) any steps that the public authority is willing to take in the circumstances; and (d) any other matter relating to the public authority that appears to be relevant. (4) The Chief Public Health Officer— (a) must advise the Minister if or when— (i) the Chief Public Health Officer makes a request of a public authority under subsection (1); or (ii) a public authority provides a response under subsection (2); and (b) without limiting paragraph (a), must take reasonable steps to advise the Minister from time to time on action being taken to address any situation that puts a section of the community or a group of individuals at an increased risk of avoidable mortality or morbidity. 23—Biennial reporting by Chief Public Health Officer (1) The Chief Public Health Officer is required to prepare a written report every 2 years about— (a) public health trends, activities and indicators in South Australia; and (b) the implementation of the State Public Health Plan; and (c) the administration of this Act. (2) A report must also address any issue identified by the Minister for inclusion in the report. (3) A report must be furnished to the Minister within 3 months after it is prepared. (4) The Minister must, within 12 sitting days after receipt of a report under this section, cause a copy of the report to be laid before both Houses of Parliament. 24—Delegation (1) The Chief Public Health Officer may delegate a function or power conferred on the Chief Public Health Officer under this or any other Act— (a) to a specified person or body; or (b) to a person occupying or acting in a specified office or position. (2) A delegation— (a) may be made subject to conditions or limitations specified in the instrument of delegation; and (b) if the instrument of delegation so provides, may be further delegated by the delegate; and (c) is revocable at will and does not prevent the delegator from acting personally in a matter; and (d) to avoid doubt, may include acting as the presiding member of SAPHC. 25—Appointment of Acting Chief Public Health Officer (1) If the Chief Public Health Officer is temporarily absent, or the Chief Public Health Officer's position is temporarily vacant, the Chief Executive may assign a suitable person to act in the Chief Public Health Officer's position during the absence or vacancy. (2) The terms on which a person is appointed will be determined by the Chief Executive after consultation with the Minister. (3) A member of the Public Service may be appointed under this section. (4) A person appointed to act in the Chief Public Health Officer's position has, while so acting, all the functions and powers of the Chief Public Health Officer. Division 3—South Australian Public Health Council 26—Establishment of SAPHC The South Australian Public Health Council (SAPHC) is established. 27—Composition of SAPHC (1) SAPHC consists of— (a) the Chief Public Health Officer ex officio (who will be the presiding member); and (b) 9 other members appointed by the Governor on the nomination of the Minister, of whom— (i) 2 must have experience in local government selected by the Minister from a panel of 5 nominated by the LGA; and (ii) 1 must have qualifications in public health and experience in the administration of public health at the local government level selected by the Minister from a panel of 5 nominated by Environmental Health Australia (South Australia) Incorporated; and (iii) 2 must be persons nominated by the Minister who have qualifications in public health; and (iv) 1 must have experience in the administration of environment protection laws or strategies or in environmental management, selected by the Minister from a panel of 5 nominated by the Presiding Member of the Board of the Environment Protection Authority; and (v) 1 must be a person nominated by the Minister who has experience in the field of health promotion; and (vi) 1 must be a person nominated by the Minister who has experience in the prevention and control of communicable diseases; and (vii) 1 must be a person nominated by the Minister who has experience in non‑government community sector activities relevant to public health. (2) If the Minister, by notice in writing, requests a body to make nominations for the purposes of this section, and the body fails to make the nominations within the time allowed in the notice, a person may be appointed to SAPHC on the Minister's nomination and that member will be taken to have been appointed on the nomination of the body in default. (3) The Governor may appoint a suitable person to be the deputy of a member of SAPHC and the deputy may, in the absence of that member, act as a member of SAPHC. (4) The provisions of this section relating to the qualification and nomination of a member extend to a deputy of that member. 28—Conditions of appointment (1) An appointed member of SAPHC will hold office on conditions determined by the Governor for a term, not exceeding 3 years, specified in the instrument of appointment and will, at the expiration of a term of office, be eligible for reappointment. (2) The Governor may remove an appointed member of SAPHC from office— (a) for breach of, or non‑compliance with, a condition of appointment; or (b) for mental or physical incapacity to carry out duties of office satisfactorily; or (c) for neglect of duty; or (d) for dishonourable conduct. (3) The office of an appointed member of SAPHC becomes vacant if the member— (a) dies; or (b) completes a term of office and is not reappointed; or (c) resigns by written notice addressed to the Minister; or (d) is found guilty of an indictable offence; or (e) becomes bankrupt or applies to take the benefit of a law for the relief of insolvent debtors; or (f) is removed from office by the Governor under subsection (2). (4) On the office of a member of SAPHC becoming vacant, a person must be appointed to that office in accordance with this Act. 29—Allowances and expenses An appointed member of SAPHC is entitled to fees, allowances and expenses approved by the Governor. 30—Validity of acts An act or proceeding of SAPHC is not invalid by reason only of a vacancy in its membership or a defect in the appointment of a member. 31—Functions of SAPHC SAPHC's functions are as follows: (a) to assist and advise the Chief Public Health Officer in relation to— (i) the protection and promotion of public health; and (ii) the development and maintenance of a system of strategic planning for public health at the local, regional and State‑wide levels; and (iii) the development of health plans under this Act; and (iv) strategies to ensure that a sufficiently trained and skilled workforce is in place for the purposes of this Act; and (v) programs to promote public health research in the State; and (vi) the preparation of the biennial report under Division 2; and (vii) the setting of standards and qualifications for authorised officers; (b) any other functions assigned to SAPHC by this or any other Act or by the Minister or the Chief Public Health Officer. 32—Conduct of business (1) The presiding member of SAPHC will, if present at a meeting of SAPHC, preside at the meeting and, in the absence of that member, the members present may elect 1 of their number to preside. (2) 6 members constitute a quorum of SAPHC. (3) A decision carried by a majority of the votes cast by the members of SAPHC present at a meeting of SAPHC is a decision of SAPHC. (4) Each member present at a meeting of SAPHC is entitled to 1 vote on a question arising for decision at the meeting and, in the event of an equality of votes, the person presiding is entitled to a second, or casting, vote. (5) A conference by telephone or other electronic means between the members of SAPHC will, for the purposes of this Act, be taken to be a meeting of SAPHC at which the participating members are present if— (a) notice of the conference is given to all members in the manner determined by the members of SAPHC for that purpose; and (b) each participating member is capable of communicating with every other participating member during the conference. (6) Subject to this Act, the business of SAPHC may be conducted in such way as it determines. 33—Committees and subcommittees (1) SAPHC may establish committees or subcommittees as SAPHC thinks fit to advise SAPHC on any aspect of its functions, or to assist SAPHC in the performance of its functions. (2) A committee or subcommittee established under subsection (1) may, but need not, consist of, or include, members of SAPHC. (3) The procedures to be observed in relation to the conduct of a business of a committee or subcommittee will be— (a) as determined by SAPHC; or (b) insofar as a procedure is not determined by SAPHC—as determined by the relevant committee or subcommittee. 34—Delegation by SAPHC (1) SAPHC may delegate a function or power conferred on SAPHC under this or any other Act— (a) to a specified person or body; or (b) to a person occupying or acting in a specified office or position. (2) A delegation— (a) may be made subject to conditions or limitations specified in the instrument of delegation; and (b) if the instrument of delegation so provides, may be further delegated by the delegate; and (c) is revocable at will and does not prevent the delegator from acting personally in a matter. 35—Annual report (1) SAPHC must, on or before 31 October in each year, provide to the Minister a report on its activities for the financial year ending on the preceding 30 June. (2) The Minister must, within 12 sitting days after receipt of a report under this section, cause a copy of the report to be laid before both Houses of Parliament. 36—Use of facilities SAPHC may, by arrangement with the relevant body, make use of the services of the staff, equipment or facilities of a public authority. Division 4—Councils 37—Functions of councils (1) A council is the local public health authority for its area. (2) In connection with subsection (1), the following functions are conferred on a council by this Act: (a) to take action to preserve, protect and promote public health within its area; (b) to cooperate with other authorities involved in the administration of this Act; (c) to ensure that adequate sanitation measures are in place in its area; (d) insofar as is reasonably practicable, to have adequate measures in place within its area to ensure that activities do not adversely affect public health; (e) to identify risks to public health within its area; (f) as necessary, to ensure that remedial action is taken to reduce or eliminate adverse impacts or risks to public health; (g) to assess activities and development, or proposed activities or development, within its area in order to determine and respond to public health impacts (or potential public health impacts); (h) to provide, or support the provision of, educational information about public health and to provide or support activities within its area to preserve, protect or promote public health; (i) such other functions assigned to the council by this Act. 38—Immunisation services (1) In addition to its other functions, a council must provide, or support the provision of, immunisation programs for the protection of public health within its area. (2) Services associated with the provision of immunisation programs will be provided with the support of the Department. (3) The Minister must take reasonable steps to enter into and maintain a memorandum of understanding with the LGA about the provision of immunisation services and support under this section. 39—Cooperation between councils (1) A council may, in performing its functions or exercising its powers under this Act, act in conjunction or partnership with, or cooperate or coordinate its activities with, 1 or more other councils. (2) The Chief Public Health Officer may request a council to cooperate with 1 or more other councils if the Chief Public Health Officer considers that the councils share a common area of concern. (3) If a council receives a request under subsection (2), the council must, within 28 days after receiving the request or such longer period as the Chief Public Health Officer may specify, furnish the Chief Public Health Officer with a written report on the action that the council intends to take in response to the request. 40—Power of Chief Public Health Officer to act (1) If— (a) the Chief Public Health Officer considers that a public health risk exists that has significance in relation to the areas of 2 or more councils; or (b) the Chief Public Health Officer considers that action under this section is warranted in order to support or enhance the Minister's functions to preserve, protect or promote public health within the State, the Chief Public Health Officer may exercise any power conferred on a council under this Act (as if the Chief Public Health Officer were a council). (2) Subject to subsection (3), before taking action under subsection (1) the Chief Public Health Officer must take reasonable steps to consult with the council or councils for the area or areas where the Chief Public Health Officer intends to act, and with SAPHC. (3) If the Chief Public Health Officer considers that urgent action is required, the Chief Public Health Officer may, after informing the Minister of his or her proposed course of action, take action under subsection (1) without complying with subsection (2) (but the Chief Public Health Officer must then, within a reasonable time after taking the action, advise the relevant council or councils of the action that has been taken). 41—Council failing to perform a function under Act (1) If, in the opinion of the Minister, a council has failed, in whole or in part, to perform a function conferred on the council under this Act, the Minister may consult with the council in relation to the matter. (2) If, after consulting under subsection (1), the Minister considers that the council's failure is significant, the Minister may, after consulting with SAPHC, direct the council to perform a function under this Act. (3) A direction under subsection (2)— (a) must be in writing; and (b) must set out the grounds on which the Minister is acting; and (c) must set out the action that the Minister considers should be taken by the council. (4) The Minister must cause a copy of the direction to be published in the Gazette within a reasonable time after it is furnished to the council. (5) If a council fails to comply with a direction under this section, the Minister may, by notice served on the council, withdraw powers of the council under this Act and transfer them to the Chief Public Health Officer (and any such notice will have effect according to its terms). (6) Before taking action under subsection (5)— (a) the Minister must, by notice in writing— (i) inform the council of the Minister's proposed course of action (setting out the grounds on which the action is proposed); and (ii) invite the council to make written submissions to the Minister in relation to the matter within a period specified by the Minister; and (b) if the council so requests in its written submissions to the Minister—the Minister must discuss the matter with a delegation representing the council; and (c) the Minister must, at such time as the Minister thinks fit, consult with the Chief Public Health Officer and SAPHC. (7) The Minister must cause a copy of the notice under subsection (5) to be published in the Gazette within a reasonable time after it is served on the council. (8) A member of the staff of the council must comply with any request or direction of the Chief Public Health Officer in or in connection with the exercise of a power transferred to the Chief Public Health Officer under this section. (9) Insofar as is reasonably practicable, the Chief Public Health Officer must give any direction under subsection (8) through the chief executive officer of the council. (10) The Chief Public Health Officer, or a person acting under the authorisation of the Chief Public Health Officer, is entitled to make use of the equipment or facilities of the council, without any other authority, in connection with the exercise of a power transferred to the Chief Public Health Officer under this section. (11) An act of the Chief Public Health Officer in the exercise of a power transferred to the Chief Public Health Officer will be taken to be an act of the council. (12) The Chief Public Health Officer must, in acting under this section, have due regard to the role and responsibilities of the council to its community in other respects. (13) The Minister may recover as a debt costs and expenses reasonably incurred in the Chief Public Health Officer exercising powers under this section from the council. (14) The Minister may, after consultation with the Chief Public Health Officer and SAPHC, by notice served on the council, vary or revoke a notice under subsection (5). (15) The Minister must cause a notice under subsection (14) to be published in the Gazette within a reasonable time after it is served on the council. (16) In this section— function includes a power or duty. 42—Transfer of function of council at request of council (1) A council may request that a function of the council under this Act be performed by the Chief Public Health Officer. (2) A request under subsection (1)— (a) must be made to the Minister; and (b) must be in writing; and (c) must be accompanied or supported by such information that the Minister may require. (3) The Minister must, after receiving a request, consult with the Chief Public Health Officer and SAPHC. (4) The Minister may then, if the Minister thinks fit, by notice in the Gazette, transfer a specified function of the council to the Chief Public Health Officer (and any such notice will have effect according to its terms). (5) A member of the staff of the council must comply with any request or requirement of the Chief Public Health Officer in or in connection with the performance of a function transferred to the Chief Public Health Officer under this section. (6) Insofar as is reasonably practicable, the Chief Public Health Officer must impose any requirement under subsection (5) through the chief executive officer of the council. (7) The Chief Public Health Officer, or a person acting under the authorisation of the Chief Public Health Officer, is entitled to make use of the equipment or facilities of the council, without any other authority, in connection with the performance of a function transferred to the Chief Public Health Officer under this section. (8) An act of the Chief Public Health Officer in the performance of a function transferred to the Chief Public Health Officer will be taken to be an act of the council. (9) The Chief Public Health Officer must, in acting under this section, have due regard to the role and responsibilities of the council to its community in other respects. (10) The Minister may recover costs and expenses associated with the Chief Public Health Officer acting under this section under an agreement with the council. (11) The Minister may, at the request of the council, or on the Minister's own initiative after consultation with the council, the Chief Public Health Officer and SAPHC, vary or revoke a notice under subsection (4) by further notice in the Gazette. (12) In this section— function includes a power or duty. Division 5—Authorised officers 43—State authorised officers (1) The Minister may appoint a suitably qualified person to be a State authorised officer. (2) An appointment under this section may be made subject to such conditions or limitations as the Minister thinks fit. (3) Without limiting subsection (2), the powers conferred on a State authorised officer under this or any other Act may be exercised in the whole of the State or such part or parts of the State as may be specified in the instrument of appointment. (4) A State authorised officer is subject to direction by the Chief Public Health Officer. (5) The Minister may vary or revoke an appointment at any time. 44—Local authorised officers (1) A council may, by instrument in writing, appoint a suitably qualified person to be a local authorised officer. (2) An appointment under this section may be made subject to such conditions or limitations as the council thinks fit. (3) Without limiting subsection (2), the powers conferred on a local authorised officer under this or any other Act may be exercised within the area of the council. (4) A local authorised officer is subject to direction by the council. (5) A person may hold an appointment as a local authorised officer from more than 1 council. (6) The council may vary or revoke an appointment at any time. (7) A council must notify the Chief Public Health Officer if the council— (a) makes an appointment under this section; or (b) revokes an appointment under this section. (8) A notification under subsection (7) must be accompanied by such information as the Chief Public Health Officer thinks fit and specifies for the purposes of this section from time to time. (9) A council must, in determining the number of local authorised officers who should be appointed for its area, take into account any policy developed by the Chief Public Health Officer for the purposes of this section. 45—Qualifications (1) Subject to subsection (2), a person is not eligible for appointment as an authorised officer unless the person holds qualifications approved by the Minister for the purposes of this Division (being qualifications or classes of qualifications that may vary according to factors determined by the Minister). (2) The Minister may grant exemptions from the operation of subsection (1). (3) An exemption may be granted on conditions determined by the Minister. 46—Identity cards (1) An authorised officer appointed under this Act must be issued with an identity card in a form approved by the Chief Public Health Officer— (a) containing the person's name and a photograph of the person; and (b) stating that the person is an authorised officer for the purposes of this Act; and (c) setting out the name or office of the issuing authority. (2) The identity card must be issued as soon as is reasonably practicable after the appointment is made (but an authorised officer is not prevented from exercising powers under this Act just because an identity card is yet to be issued). (3) An authorised officer must, at the request of a person in relation to whom the officer intends to exercise any powers under this Act, produce for the inspection of the person his or her identity card (unless the identity card is yet to be issued). (4) An authorised officer appointed under this Act must, on ceasing to be an authorised officer for any reason, surrender his or her identity card to the Chief Public Health Officer (if a State authorised officer) or the council that made the appointment (if a local authorised officer). Maximum penalty: $250. 47—Powers of authorised officers (1) An authorised officer may, for any purpose connected with the administration or operation of this Act or with the performance, exercise or discharge of a function, power or duty under this Act— (a) at any reasonable time, enter or inspect any premises or vehicle; and (b) during the course of the inspection of any premises or vehicle— (i) ask questions of any person found in the premises or vehicle; and (ii) inspect any article or substance found in the premises or vehicle; and (iii) take and remove samples of any substance or other thing found in the premises or vehicle; and (iv) require any person to produce any plans, specifications, books, papers or documents; and (v) examine, copy and take extracts from any plans, specifications, books, papers or documents; and (vi) take photographs, films or video recordings; and (vii) take measurements, make notes and carry out tests; and (viii) remove any article that may constitute evidence of the commission of an offence against this Act; and (c) require any person to answer any question that may be relevant to— (i) ascertaining whether the person is suffering from a notifiable condition; or (ii) the administration or enforcement of this Act. (2) In the exercise of powers under this Act, an authorised officer may be accompanied by such assistants as may be necessary or desirable in the circumstances. (3) An authorised officer may use reasonable force to enter any premises or vehicle— (a) on the authority of a warrant issued by a magistrate; or (b) if the officer believes, on reasonable grounds, that the circumstances require immediate action to be taken. (4) A magistrate must not issue a warrant under subsection (3) unless satisfied— (a) that there are reasonable grounds to suspect that an offence against this Act has been, is being, or is about to be, committed; or (b) that the warrant is reasonably required in the circumstances. (5) If an authorised officer is inspecting premises or a vehicle under this section, the person in charge of the premises or vehicle must provide such assistance as the authorised officer reasonably requires to facilitate the inspection. (6) A person who— (a) hinders or obstructs an authorised officer, or a person assisting an authorised officer, in the exercise of a power under this section; or (b) having been asked a question under this section, does not answer the question to the best of his or her knowledge, information and belief; or (c) being the person in charge of premises or a vehicle subject to an inspection and having been required to provide reasonable assistance to facilitate the inspection, refuses or fails to provide such assistance, is guilty of an offence. Maximum penalty: $25 000. (7) 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. (8) It is not an excuse for a person to refuse or fail to furnish information under this section on the ground that to do so might tend to incriminate the person or make the person liable to a penalty. (9) However, if compliance with a requirement to furnish information might tend to incriminate a person or make a person liable to a penalty, then— (a) in the case of a person who is required to produce, or provide a copy of, a document or information—the fact of production, or provision of, the document or the information (as distinct from the contents of the documents or the information); or (b) in any other case—any answer given in compliance with the requirement, 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 provision of information that is false or misleading). Division 6—Emergency officers 48—Emergency officers (1) The Chief Executive may appoint, individually or by class, such persons to be emergency officers for the purposes of this Act as the Chief Executive thinks fit. (2) An appointment under subsection (1) may be subject to conditions or limitations specified by the Chief Executive. (3) An emergency officer, other than a police officer, must be issued with an identity card in a form approved by the Chief Executive— (a) containing the person's name and a photograph of the person; and (b) stating that the person is an emergency officer for the purposes of this Act. (4) An emergency officer must, at the request of a person in relation to whom the officer intends to exercise any powers under this Act, produce for the inspection of the person— (a) in the case of an emergency officer who is a police officer and is not in uniform—his or her certificate of authority; or (b) in the case of an emergency officer who is not a police officer—his or her identity card. (5) An emergency officer appointed under this Act must, on ceasing to be an emergency officer for any reason, surrender his or her identity card and any insignia or special apparel or equipment issued to the emergency officer for the purposes of this Act to the Chief Executive or a person nominated by the Chief Executive. Maximum penalty: $250. Division 7—Specific power to require information 49—Specific power to require information (1) The Minister, the Chief Public Health Officer, a council or an authorised officer may require a person to furnish such information relating to public health as may be reasonably required for the purposes of this Act. (2) A person who fails to comply with a requirement under subsection (1) is guilty of an offence. Maximum penalty: $25 000. Expiation fee: $750. (3) 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. (4) It is not an excuse for a person to refuse or fail to furnish information under this section on the ground that to do so might tend to incriminate the person or make the person liable to a penalty. (5) However, if compliance with a requirement to furnish information might tend to incriminate a person or make a person liable to a penalty, then— (a) in the case of a person who is required to produce, or provide a copy of, a document or information—the fact of production, or provision of, the document or the information (as distinct from the contents of the documents or the information); or (b) in any other case—any answer given in compliance with the requirement, 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 provision of information that is false or misleading). 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— (a) prepare a draft of the proposal; and (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 preparat