Public Health Act 2016

Public Health Regulations 2017

 

Public Health Regulations 2017

Contents

Part 1 — Preliminary

1.Citation1

2.Commencement1

Part 2 — Notifiable infectious diseases and related conditions

3.Notifiable infectious diseases2

4.Notifiable infectious disease‑related conditions8

5.Notification of notifiable infectious diseases and notifiable infectious disease‑related conditions: information not required9

6.Notification of notifiable infectious diseases and notifiable infectious disease‑related conditions: information prescribed9

7.Authorised officers may request further information11

8.Protection from liability11

9.Disclosure and use of information12

10.Recognition of interstate public health orders13

Part 2A — Immunisation of children

10A.Terms used14

10B.Immunisation status of a child to be given14

10C.Person in charge of school to give report on immunisation status15

10D.Person in charge of school to give report on contracted disease15

10E.Person in charge of school to prevent non-immunised child attendance at school16

10F.Person in charge of school to close whole or part of school17

10G.Chief Health Officer may request further information17

Part 3 — Public health emergencies

11.Relevant information19

12.Disclosure of relevant information19

13.Keeping disclosed relevant information secure19

Part 4 — Inquiries

14.Allowances and expenses of a person required to attend20

Part 5 — Miscellaneous

15.Disclosure and use of information provided under Part 9 or 10 of the Act21

16.Regulations repealed21

Part 6 — Transitional provisions

17.Inquiries or investigations under the Health (Miscellaneous Provisions) Act 1911 section 1322

Notes

Compilation table23

Defined terms

 

Public Health Act 2016

Public Health Regulations 2017

Part 1 — Preliminary

1.Citation

These regulations are the Public Health Regulations 2017.

2.Commencement

These regulations come into operation as follows —

(a)Part 1 — on the day on which these regulations are published in the Gazette;

(b)the rest of the regulations — on the day on which Part 9 of the Act comes into operation.

Part 2 — Notifiable infectious diseases and related conditions

3.Notifiable infectious diseases

The diseases listed in the Table are declared to be notifiable infectious diseases and —

(a)the diseases indicated in column 2 of the Table are declared to be urgently notifiable infectious diseases; and

(b)the diseases indicated in column 3 of the Table are declared to be vaccine preventable notifiable infectious diseases.

Table

Notifiable infectious diseases

Urgently notifiable infectious diseases

Vaccine preventable notifiable infectious diseases

Amoebic meningoencephalitis (due to free‑living amoebae, including Naegleria, Balamuthia and Acanthamoeba species)

P

 

Anthrax

P

 

Barmah Forest virus infection

 

 

Botulism

P

 

Brucellosis

 

 

Campylobacter infection

 

 

Carbapenem‑resistant Enterobacteriaceae (CRE) infection or colonisation

 

 

Chancroid

 

 

Chikungunya virus infection

 

 

Chlamydia trachomatis infection (sexually acquired)

 

 

Cholera

P

 

Creutzfeldt‑Jakob disease (classical or variant)

 

 

Cryptosporidiosis

 

 

Dengue virus infection

 

 

Diphtheria

P

P

Donovanosis

 

 

Flavivirus infection (not otherwise listed in this Table)

 

 

Gastroenteritis, due to a food or water‑borne infectious disease, acquired in common with 1 or more other persons

P

 

Gonococcal infection

 

 

Haemophilus influenzae type b (Hib) infection (invasive)

P

P

Hendra virus infection

P

 

Hepatitis A

P

P

Hepatitis B

 

P

Hepatitis C

 

 

Hepatitis D

 

 

Hepatitis E

 

 

Human immunodeficiency virus (HIV) infection

 

 

Influenza

 

 

Japanese encephalitis virus infection

P

 

Legionellosis

P

 

Leprosy

 

 

Leptospirosis

 

 

Listeriosis

P

 

Lymphogranuloma venereum

 

 

Lyssavirus infection (includes rabies, Australian bat lyssavirus and other lyssavirus infections)

P

 

Malaria

 

 

Measles

P

P

Melioidosis

 

 

Meningococcal infection (invasive)

P

P

Methicillin resistant Staphylococcus aureus (MRSA) infection or colonisation

 

 

Middle East Respiratory Syndrome coronavirus (MERS‑CoV) infection

P

 

Mumps

 

P

Murray Valley encephalitis virus infection

P

 

Paratyphoid fever

P

 

Pertussis

 

P

Plague

P

 

Pneumococcal infection (invasive)

 

P

Poliovirus infection

P

P

Psittacosis (Ornithosis)

 

 

Q fever

 

 

Rickettsial infection (including spotted fevers and all forms of typhus fever)

 

 

Ross River virus infection

 

 

Rotavirus infection

 

 

Rubella and congenital rubella syndrome

P

P

Salmonella infection

 

 

Severe Acute Respiratory Syndrome (SARS)

P

 

Shiga toxin producing E. coli (STEC) infection

P

 

Shigellosis

 

 

Smallpox

P

 

Syphilis – all stages and congenital

 

 

Tetanus

P

P

Tuberculosis

 

 

Tularaemia

P

 

Typhoid fever

P

 

Vancomycin‑resistant enterococci (VRE) infection or colonisation

 

 

Varicella‑Zoster virus infection (including Chickenpox and Shingles)

 

P

Vibrio parahaemolyticus infection

 

 

Viral haemorrhagic fevers (including Crimean‑Congo haemorrhagic fever, Ebola virus disease, Lassa fever and Marburg disease)

P

 

West Nile virus/Kunjin virus infection

P

 

Yellow fever

P

 

Yersinia infection

 

 

Zika virus infection

P

 

4.Notifiable infectious disease‑related conditions

The following medical conditions are declared to be notifiable infectious disease‑related conditions —

(a)acute post‑streptococcal glomerulonephritis (APSGN);

(b)adverse event following immunisation;

(c)haemolytic uraemic syndrome (HUS).

5.Notification of notifiable infectious diseases and notifiable infectious disease‑related conditions: information not required

For the purposes of section 94(5)(b) of the Act —

(a)a notification of a notifiable infectious disease or notifiable infectious disease‑related condition need not include the email address of the patient or the patient’s medical practitioner or nurse practitioner; and

(b)a notification of human immunodeficiency virus (HIV) need not include the telephone number of the patient or the email address of the patient or the patient’s medical practitioner or nurse practitioner.

6.Notification of notifiable infectious diseases and notifiable infectious disease‑related conditions: information prescribed

(1)This regulation has effect for the purposes of section 94(5)(c) of the Act.

(2)The following information, in relation to the patient or deceased person, is prescribed in respect of all notifiable infectious diseases and notifiable infectious disease‑related conditions, other than adverse events following immunisation and human immunodeficiency virus (HIV) infection —

(a)country of birth;

(b)language spoken at home;

(c)Indigenous status;

(d)name of occupation (where relevant);

(e)name of school or educational institution attended (where relevant);

(f)date of onset of the disease or condition;

(g)date of death (where relevant);

(h)likely place (that is, country or Australian jurisdiction) of acquisition of the disease or condition;

(i)details of the basis for diagnosis of the disease or condition;

(j)details of symptoms and signs relating to, and treatment of, the disease or condition;

(k)whether the patient or deceased person attended a hospital in relation to the disease or condition.

(3)The following information, in relation to the patient or deceased person, is prescribed in respect of adverse events following immunisation —

(a)Indigenous status;

(b)details of underlying medical conditions (if any);

(c)details of previous reactions (if any) to vaccines;

(d)details of the vaccine or vaccines administered;

(e)time elapsed between vaccination and onset of symptoms;

(f)duration of symptoms;

(g)details of the adverse event;

(h)details of the management of the adverse event;

(i)details of the provider of the vaccine and the clinical setting in which it was provided;

(j)details of the person reporting the adverse event.

(4)The information required by the HIV infection notification form is prescribed in respect of human immunodeficiency virus (HIV) infection.

(5)In subregulation (4) —

HIV infection notification form means the approved form of that name, dated 1 September 2017 and accessible on the website maintained by or on behalf of the Department.

7.Authorised officers may request further information

(1)This regulation applies if a medical practitioner, nurse practitioner or responsible pathologist notifies the Chief Health Officer under section 94 of the Act of a notifiable infectious disease or notifiable infectious disease‑related condition in relation to a patient or deceased person.

(2)An authorised officer may request the practitioner or pathologist to give further information necessary to assist in preventing, controlling or abating a public health risk that might foreseeably arise from the disease or condition.

(3)Information requested under subregulation (2) may, without limitation, include or relate to —

(a)the clinical details, and treatment and medical history, of the patient or deceased person;

(b)the progress or outcome of the disease or condition;

(c)the relevant vaccination status of the patient or deceased person;

(d)information necessary to identify a source of the disease, including details of interstate and overseas travel;

(e)the patient’s behavioural and other risk factors;

(f)the hospitalisation of the patient or deceased person;

(g)laboratory testing, including testing for organism antimicrobial sensitivity and characterisation by typing and subtyping methods;

(h)information covered by section 94(5) of the Act, if the practitioner or pathologist has not given the information.

8.Protection from liability

(1)This regulation applies if a medical practitioner, nurse practitioner or responsible pathologist, in notifying the Chief Health Officer under section 94 of the Act, gives additional information relating to the disease or condition and patient or deceased person (that is, information other than information given in compliance with section 94(5)).

(2)This regulation applies if a medical practitioner, nurse practitioner or responsible pathologist, who has notified the Chief Health Officer under section 94 of the Act, gives further information relating to the disease or condition and patient or deceased person, whether or not in response to a request under regulation 7.

(3)If the practitioner or pathologist gives the information in good faith —

(a)no civil or criminal liability is incurred as a result of giving the information; and

(b)giving the information is not to be regarded as —

(i)a breach of any duty of confidentiality or secrecy imposed by law; or

(ii)a breach of professional ethics, professional standards or any principles of conduct applicable to the person’s employment; or

(iii)unprofessional conduct.

9.Disclosure and use of information

(1)Information covered by regulation 8 may be disclosed or used in accordance with the provisions of section 298 of the Act as if that section applied to the information.

(2)If information referred to in subregulation (1) is disclosed or used, in good faith, in accordance with subregulation (1) —

(a)no civil or criminal liability is incurred in respect of the disclosure or use; and

(b)the disclosure or use is not to be regarded as —

(i)a breach of any duty of confidentiality or secrecy imposed by law; or

(ii)a breach of professional ethics, professional standards or any principles of conduct applicable to the person’s employment; or

(iii)unprofessional conduct.

10.Recognition of interstate public health orders

For the purposes of the definition of corresponding law in section 129(1) of the Act, the following laws are prescribed —

(a)the Public Health Act 1997 (Australian Capital Territory);

(b)the Public Health Act 2010 (New South Wales);

(c)the Notifiable Diseases Act (Northern Territory);

(d)the Public Health Act 2005 (Queensland);

(e)the South Australian Public Health Act 2011 (South Australia);

(f)the Public Health Act 1997 (Tasmania);

(g)the Public Health and Wellbeing Act 2008 (Victoria).

Part 2A — Immunisation of children

[Heading inserted: Gazette 7 Dec 2018 p. 4663‑4.]

10A.Terms used

(1)In this Part —

Australian Immunisation Register means the register called the Australian Immunisation Register kept under the Australian Immunisation Register Act 2015 (Commonwealth) section 8;

current, in relation to an immunisation status certificate for a child, means a certificate issued not more than 2 months before the most recent date of an application for enrolment of the child;

immunisation status certificate means an extract of an entry in the Australian Immunisation Register;

responsible person, in relation to a child, means any of the following persons —

(a)a parent of the child;

(b)a guardian of the child;

(c)another person who has responsibility for the day‑to‑day care of the child.

(2)Terms used in this Part that are defined in section 142(1) of the Act have the same meaning in this Part as they have in that section.

[Regulation 10A inserted: Gazette 7 Dec 2018 p. 4663‑4.]

10B.Immunisation status of a child to be given

(1)If a child is being enrolled or re-enrolled at a school, the responsible person for the child is required to give to the person in charge of the school the immunisation status of the child as recorded on the current immunisation status certificate for that child.

(2)The person in charge of a school must take all reasonable steps to ensure that the responsible person for the child complies with subregulation (1).

Penalty for this subregulation: a fine of $1 000.

[Regulation 10B inserted: Gazette 7 Dec 2018 p. 4664.]

10C.Person in charge of school to give report on immunisation status

(1)The Chief Health Officer may direct the person in charge of a school to give to the Chief Health Officer a report, in an approved form, in respect of the immunisation status of —

(a)a child enrolled at the school; or

(b)children enrolled at the school.

(2)A person given a direction under subregulation (1) must comply with the direction.

Penalty for this subregulation: a fine of $1 000.

[Regulation 10C inserted: Gazette 7 Dec 2018 p. 4664.]

10D.Person in charge of school to give report on contracted disease

(1)The Chief Health Officer may direct the person in charge of a school to give to the Chief Health Officer a report, in an approved form, in respect of a child enrolled at the school who has, or who is reasonably believed to have, contracted a vaccine preventable notifiable infectious disease.

(2)The report must specify the vaccine preventable notifiable infectious disease that the child has, or is reasonably believed to have, contracted.

(3)A person given a direction under subregulation (1) must comply with the direction.

Penalty for this subregulation: a fine of $1 000.

[Regulation 10D inserted: Gazette 7 Dec 2018 p. 4664.]

10E.Person in charge of school to prevent non-immunised child attendance at school

(1)The Chief Health Officer may direct the person in charge of a school not to permit a child to attend the school if the child has not been immunised against, or has not acquired immunity from, a vaccine preventable notifiable infectious disease.

(2)The direction must —

(a)be in writing; and

(b)specify the vaccine preventable notifiable infectious disease that the child has not been immunised against, or has not acquired immunity from; and

(b)specify the period of time during which the child is not permitted to attend the school.

(3)A person given a direction under subregulation (1) must comply with the direction.

Penalty for this subregulation: a fine of $1 000.

(4)If the Chief Health Officer directs that a child is not permitted to attend a school under subregulation (1), the person in charge of the school or an authorised officer must give written notice to the responsible person for the child that the child is not permitted to attend the school.

Penalty for this subregulation: a fine of $1 000.

(5)The notice must specify —

(a)the vaccine preventable notifiable infectious disease that the child has not been immunised against, or has not acquired immunity from; and

(b)the period of time during which the child is not permitted to attend the school.

[Regulation 10E inserted: Gazette 7 Dec 2018 p. 4665.]

10F.Person in charge of school to close whole or part of school

(1)The Chief Health Officer may direct the person in charge of a school to close the whole, or a part, of the school if the Chief Health Officer considers it reasonably necessary to limit or prevent the spread of a vaccine preventable notifiable infectious disease.

(2)The direction must —

(a)be in writing; and

(b)specify the period of time during which the whole or part of the school is to remain closed.

(3)A person given a direction under subregulation (1) must comply with the direction.

Penalty for this subregulation: a fine of $1 000.

[Regulation 10F inserted: Gazette 7 Dec 2018 p. 4665‑6.]

10G.Chief Health Officer may request further information

(1)This regulation applies if the Chief Health Officer directs a person in charge of a school to give a report to the Chief Health Officer in respect of a child who has not, or children who have not, been immunised against a vaccine preventable notifiable infectious disease.

(2)The Chief Health Officer may, when giving the direction or at a later time, request the person in charge of the school to give further information necessary to assist in preventing, controlling or abating a public health risk that might foreseeably arise from the child or children not being immunised against the vaccine preventable notifiable infectious disease.

(3)Information requested under subregulation (2) may, without limitation, include —

(a)the name or names, and other identifying information, of the child or children; and

(b)the name and contact details of the responsible person for the child or children.

(4)A person who receives a request under subregulation (2) must comply with the request.

Penalty for this subregulation: a fine of $1 000.

[Regulation 10G inserted: Gazette 7 Dec 2018 p. 4666.]

Part 3 — Public health emergencies

11.Relevant information

For the purpose of the definition of relevant information in section 188(1) of the Act, each of the following kinds of information is prescribed —

(a)information about the loss suffered by a person, the assistance requested by a person and the assistance provided to or approved for a person;

(b)information about the owner or occupier of real property;

(c)information relating to a person’s finances or insurance.

12.Disclosure of relevant information

(1)For emergency management purposes an emergency officer may disclose relevant information to a person or body engaged by a public authority to provide welfare services.

(2)A public authority, person or body to which or whom relevant information is disclosed under section 188(2) of the Act must not further disclose that information unless it is reasonably necessary to do so for an emergency management purpose.

Penalty for this subregulation: a fine of $1 000.

13.Keeping disclosed relevant information secure

A public authority, person or body to which or whom relevant information is disclosed under section 188(2) of the Act must ensure that that information is kept in a secure manner so far as it is reasonably practicable to do so.

Penalty: a fine of $1 000.

Part 4 — Inquiries

14.Allowances and expenses of a person required to attend

For the purposes of section 232(3) of the Act, the allowances and expenses payable to a person required to attend a place for the purposes of an inquiry are the allowances and expenses payable as if the person were a witness in proceedings before the State Administrative Tribunal.

Part 5 — Miscellaneous

15.Disclosure and use of information provided under Part 9 or 10 of the Act

A public health official may disclose or use specified information under section 298 of the Act in the course of duty.

16.Regulations repealed

These regulations are repealed —

(a)the Health (Immunisation by Local Governments) Regulations 2000;

(b)the Health (Notification of Adverse Event After Immunization) Regulations 1995;

(c)the Health (Notification of Intussusception) Regulations 2007;

(d)the Health (Venereal Diseases) Regulations 1973.

Part 6 — Transitional provisions

17.Inquiries or investigations under the Health (Miscellaneous Provisions) Act 1911 section 13

An inquiry or investigation under the Health (Miscellaneous Provisions) Act 1911 section 13 commenced but not completed before the Public Health (Consequential Provisions) Act 2016 section 212 comes into operation may be completed under the Health (Miscellaneous Provisions) Act 1911 as if the Public Health (Consequential Provisions) Act 2016 section 212 had not come into operation.

 

 

 

Notes

1This is a compilation of the Public Health Regulations 2017 and includes the amendments made by the other written laws referred to in the following table.

Compilation table

Citation

Gazettal

Commencement

Public Health Regulations 2017

19 Sep 2017 p. 4909‑29

Pt. 1: 19 Sep 2017 (see r. 2(a));
Pt. 2‑6: 20 Sep 2017 (see r. 2(b) and Gazette 19 Sep 2017 p. 4879)

Public Health Amendment Regulations 2018

7 Dec 2018 p. 4663‑6

r. 1 and 2: 7 Dec 2018 (see r. 2(a));
Regulations other than r. 1 and 2: 1 Jan 2019 (see r. 2(b))

 

 

Defined terms

 

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined termProvision(s)

Australian Immunisation Register10A(1)

current10A(1)

HIV infection notification form6(5)

responsible person10A(1)