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