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.