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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Public Health Amendment (Review) Bill 2017
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
Overview of Bill
The object of this Bill is to amend the Public Health Act 2010 as a result of the statutory review
of that Act.
Outline of provisions
Clause 1 sets out the name (also called the short title) of the proposed Act.
Clause 2 provides for the commencement of the proposed Act.
Schedule 1 Amendment of Public Health Act 2010 No 127
Miscellaneous
Schedule 1 [1] amends section 3 of the Act to insert an object of the Act relating to the monitoring
of diseases and conditions affecting public health.
Schedule 1 [2] extends the responsibilities of local government authorities to include taking
appropriate measures, in relation to their areas, to ensure compliance with the requirements of the
Act in relation to private water suppliers and water carters. Schedule 1 [3] inserts definitions of
private water supplier and water carter.
Schedule 1 [5] amends the definition of occupier of premises to include, for the purposes of
provisions relating to legionella control, the owners corporation of premises under a strata
scheme, but only if an air-handling system or a water-cooling system is installed on the premises.
Schedule 1 [4] makes a consequential amendment.
b2016-144.d26
Public Health Amendment (Review) Bill 2017 [NSW]
Explanatory note
Schedule 1 [6] amends the definition of skin penetration procedure to include procedures that
penetrate a mucous membrane.
Schedule 1 [7] amends section 25 of the Act to create an offence (with a maximum penalty of
$5,500 for an individual or $27,500 for a corporation) for a supplier of drinking water not to have
a quality assurance program. Schedule 1 [8] creates an offence (with a maximum penalty of
$5,500 for an individual or $27,500 for a corporation) for a supplier of drinking water not to
comply with the supplier's quality assurance program and an offence (with a maximum penalty
of $2,750 for an individual or $13,750 for a corporation) for a supplier of drinking water not to
provide the Secretary with a copy of the supplier's quality assurance program. Schedule 1 [9]
enables the regulations to prescribe matters that are to be included in a quality assurance program.
Schedule 1 [10]-[12] amend the definitions of public swimming pool or spa pool and swimming
pool to include a pool situated on private residential premises (but only if that pool is used for
commercial purposes), a water play park, an interactive water feature or fountain, and any other
pool or spa pool declared by the regulations to be a public swimming pool or spa pool.
Schedule 1 [13] inserts proposed section 39A to make it an offence (with a maximum penalty of
$11,000 or imprisonment for 6 months, or both) for any person other than a medical practitioner
or a person, or a person belonging to a class of persons, prescribed by the regulations to carry out
eyeball tattooing.
Schedule 1 [32] substitutes section 79 of the Act to create an offence (with a maximum penalty
of $11,000 or imprisonment for 6 months, or both) if a person who knows that he or she has a
notifiable disease, or a scheduled medical condition, that is sexually transmissible fails to take
reasonable precautions against spreading the disease or condition. The proposed amendment also
increases the maximum penalty (from $5,500 to $11,000 or imprisonment for 6 months, or both)
for the existing offence of an owner or occupier of a building or place knowingly permitting
another person to have sexual intercourse that contravenes section 79 at the building or place for
the purpose of prostitution.
Schedule 1 [55] inserts proposed section 130A to provide that the Secretary and any person who,
on behalf of the Secretary, holds information that has been provided to the Secretary under Part 4
or 5 of the Act cannot be compelled in any proceedings (other than proceedings under the Act) to
produce or to give evidence in relation to that information. However, the Secretary may consent
to the disclosure of that information for the purpose of any legal proceedings.
Schedule 1 [57] amends section 134 of the Act to insert a power to make regulations requiring the
payment of specified fees in relation to the exercise by local government authorities and
authorised officers of functions under the Act.
Provision of medical information to Secretary
Schedule 1 [16] amends section 54 of the Act to require any medical practitioner involved in the
treatment of a person in relation to a Category 1 or 2 condition to provide the Secretary, at the
Secretary's request, with such information as is necessary to complete or correct a certificate
provided under that section, as well as such other information concerning the person's medical
condition and transmission and risk factors as is available to the medical practitioner. Schedule 1
[17] makes a consequential amendment.
Schedule 1 [18] amends section 55 of the Act to enable the regulations to prescribe classes of
persons who may request the carrying out of a pathology test to determine whether a person has a
Category 3 condition.
Schedule 1 [19] amends section 55 of the Act to enable the Secretary to request certain
information from any medical practitioner involved in the treatment of a person with a Category 3
condition at any time, rather than only after receiving a report that appears to be incomplete or
incorrect. It also creates an offence (with a maximum penalty of $5,500) for a registered medical
practitioner to fail to comply with such a request without reasonable excuse.
Schedule 1 [20] amends section 56 of the Act to make it clear that a medical practitioner must not
include a patient's name or address in a certificate or information provided under section 54 or 55
if the condition to which the certificate or information relates is a Category 5 condition.
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Public Health Amendment (Review) Bill 2017 [NSW]
Explanatory note
Schedule 1 [21] amends section 56 of the Act to make it clear that a person may disclose certain
Category 5 condition information to another person who is involved in the provision of care,
treatment or counselling to the person to whom the information relates. Schedule 1 [22] inserts a
note referring to the limitation on the use and disclosure of health information under the Health
Records and Information Privacy Act 2002.
Schedule 1 [23] inserts proposed section 61 (6) to make it an offence (with a maximum penalty
of $5,500) for a medical practitioner to fail to provide the Secretary with a report of an
examination of a person under section 61 of the Act in relation to a Category 4 or 5 condition.
Schedule 1 [33] amends section 83 of the Act to require any medical practitioner involved in the
treatment of a person in relation to a notifiable disease to provide the Secretary, at the Secretary's
request, with such information as is necessary to complete or correct information provided under
that section, as well as such other information concerning the person's medical condition and
transmission and risk factors as is available to the medical practitioner. The proposed amendment
also makes it an offence (with a maximum penalty of $5,500) for a registered medical practitioner
to fail to comply with the requirements of that section without reasonable excuse.
Public health orders
Schedule 1 [24] amends section 62 of the Act to enable an authorised medical practitioner to make
a public health order (a contact order) in respect of a person if satisfied, on reasonable grounds,
that the person has been exposed to a contact order condition, is at risk of developing the condition
and, because of the way the person behaves, may be a risk to public health. Schedule 1 [14] inserts
a definition of contact order condition in section 51 of the Act to mean a medical condition listed
in Schedule 1A to the Act. Schedule 1 [58] inserts proposed Schedule 1A to specify the contact
order conditions and their corresponding expiry periods. Schedule 1 [15] enables the Minister to
amend or substitute proposed Schedule 1A by the making of an order.
Schedule 1 [25] provides that a contact order expires at the end of the period specified for the
relevant condition after it is served on the person. Schedule 1 [29] and [30] amend sections 63
and 64 of the Act, respectively, to extend those provisions to contact orders, with the effect that
such an order expires after 3 business days unless, before it expires, the person is served with a
copy of an application for its confirmation under section 64 of the Act.
Schedule 1 [26] and [27] amend section 62 (3) of the Act to provide that a public health order
may require the person subject to the order to undergo specified treatment at a specified place or
otherwise; to notify the Secretary of other persons with whom the person has been in contact
within a specified period; to notify the Secretary if the person displays any specified signs or
symptoms; and, in relation to a person subject to a contact order, to undergo specified testing for
the condition.
Schedule 1 [28] substitutes section 62 (4) and (5) of the Act to enable a public health order to be
made that authorises the person subject to the order to be detained at a specified place for the
duration of the order or, in relation to a person subject to an order that requires the person to
undergo specified treatment at a specified place, to be detained at that place while undergoing the
treatment.
Schedule 1 [31] amends section 68 of the Act to provide that a further public health order may be
made in respect of a person subject to a revoked contact order.
Schedule 1 [56] inserts proposed section 131A, which requires the Secretary to include the
number of public health orders made under section 62 of the Act in the annual report of the
Ministry of Health under the Annual Reports (Departments) Act 1985.
Vaccine preventable diseases
Schedule 1 [38] and [39] amend section 87 of the Act to provide that the principal of a child care
facility must not enrol, or permit to be enrolled, an unvaccinated child at the facility if the only
reason provided for failure to vaccinate the child is that the parent of the child has a conscientious
belief that the child should not be vaccinated in respect of specified vaccine preventable diseases.
The proposed amendments also make it an offence (with a maximum penalty of $5,500) for the
principal of a child care facility to enrol a child at the facility if the principal has not been provided
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Public Health Amendment (Review) Bill 2017 [NSW]
Explanatory note
with a vaccination certificate or a medical certificate and to fail to retain information in that
register in accordance with the regulations. Schedule 1 [41] makes a consequential amendment.
Schedule 1 [40] substitutes section 87 (2) to make it an offence (with a maximum penalty of
$5,500) for a person to forge or falsify a certificate that is required to be provided under section 87.
Schedule 1 [37] and [44] apply sections 86 and 88 of the Act, respectively, to principals of high
schools as well as primary schools. Those provisions place certain requirements on principals in
relation to the immunisation status of children enrolled at schools and during an outbreak of a
vaccine preventable disease at the principals' school. Schedule 1 [34]-[36] make consequential
amendments.
Schedule 1 [42] substitutes section 88 (1) of the Act to require the principal of a school or child
care facility to notify the public health officer in the approved form if the principal becomes aware
that a child enrolled at the school or facility has a vaccine preventable disease or if the principal
reasonably suspects that a child enrolled at the school or facility, for whom no immunisation
certificate has been provided, has come into contact with a person who has a vaccine preventable
disease. Schedule 1 [43] makes a consequential amendment.
Schedule 1 [45] amends section 88 (2) of the Act to enable the public health officer, in the event
of an outbreak of a vaccine preventable disease, to direct the principal of a school or child care
facility to notify the parent of a child who has the disease, who has come into contact with a person
who has the disease or for whom no immunisation certificate has been provided, that the child is
not to attend the school or facility for the duration of the outbreak.
Public health registers
Schedule 1 [47] omits Divisions 1-3 (sections 89-96) of Part 6 of the Act, which relate to the
maintenance of the Pap Test Register. The proposed amendment is consequential on the
establishment of a National Cancer Screening Register. Schedule 1 [46], [48] and [50] make
consequential amendments.
Schedule 1 [49] amends section 97 of the Act to insert a regulation-making power to permit the
regulations to prescribe other purposes for which a public health register may be established and
maintained under Part 6 of the Act.
Schedule 1 [51] amends section 98 of the Act to make it clear that certain requirements in that
section relating to the information that a register may contain apply only to registers established
under that section. Schedule 1 [52] inserts a definition of identifying particulars of a person to
mean the person's full name (and any previous name) or residential, postal or email address.
Enforcement of Act
Schedule 1 [53] amends section 106 of the Act in relation to the exercise of enforcement powers
by persons conducting a public health inquiry for the Secretary. In particular it will enable such a
person to apply for a search warrant under the Act.
Schedule 1 [54] inserts proposed section 106 (4A) to enable the Secretary to direct a person whom
the Secretary reasonably believes is responsible for, or contributed to, a public health risk
identified in an inquiry, to notify specified persons or a specified class of persons of the nature of
the risk and of any measures to be taken to mitigate that risk.
Schedule 2 Amendment of Public Health Regulation 2012
Schedule 2 amends clause 44A to provide the principal of a child care facility with an exemption
from the requirement that unvaccinated children not be enrolled at the facility if:
(a) the child is subject to a guardianship order made under section 79A of the Children and
Young Persons (Care and Protection) Act 1998 because the child is in out-of-home care or
in need of care and protection, or
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Public Health Amendment (Review) Bill 2017 [NSW]
Explanatory note
(b) the child is in any form of out-of-home care under that Act (and not merely in out-of-home
care as a matter of emergency), or
(c) the child is an Aboriginal or Torres Strait Islander.
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First print
New South Wales
Public Health Amendment (Review) Bill 2017
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Public Health Act 2010 No 127 3
Schedule 2 Amendment of Public Health Regulation 2012 12
b2016-144.d26
New South Wales
Public Health Amendment (Review) Bill 2017
No , 2017
A Bill for
An Act to amend the Public Health Act 2010 as a result of the statutory review of that Act; to
amend the Public Health Regulation 2012 in relation to childcare vaccination; and for other
purposes.
Public Health Amendment (Review) Bill 2017 [NSW]
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Public Health Amendment (Review) Act 2017. 3
2 Commencement 4
(1) This Act commences on the date of assent to this Act, except as provided by this 5
section. 6
(2) Schedule 1 [4]-[19], [23]-[31], [33]-[48], [56] and [58] commence on a day or days 7
to be appointed by proclamation. 8
(3) Schedule 1 [32] commences on the day that is 28 days after the date of assent to this 9
Act. 10
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Public Health Amendment (Review) Bill 2017 [NSW]
Schedule 1 Amendment of Public Health Act 2010 No 127
Schedule 1 Amendment of Public Health Act 2010 No 127 1
[1] Section 3 Objects 2
Insert after section 3 (1) (e): 3
(f) to monitor diseases and conditions affecting public health. 4
[2] Section 4 Responsibilities of local government relating to environmental health 5
Insert "private water suppliers, water carters," before "public" in section 4 (1). 6
[3] Section 4 (3) 7
Insert after section 4 (2): 8
(3) In this section: 9
private water supplier means a person who supplies drinking water in the 10
course of a commercial undertaking (other than that of supplying bottled or 11
packaged drinking water), being a person who has not received the water: 12
(a) from any supplier of drinking water referred to in paragraphs (a)-(g) of 13
the definition of supplier of drinking water in section 5 (1), or 14
(b) in the form of bottled or packaged water. 15
water carter means a person who receives water from a supplier of drinking 16
water and who supplies drinking water from a water carting vehicle in the 17
course of a commercial undertaking. 18
[4] Section 5 Definitions 19
Omit "except as provided by paragraph (b)," from paragraph (a) of the definition of 20
occupier in section 5 (1). 21
[5] Section 5 (1), definition of "occupier" 22
Insert at the end of paragraph (b): 23
, or 24
(c) for the purposes of Divisions 2 and 5 of Part 3--if an air-handling 25
system or a water-cooling system is installed on premises that are 26
subdivided into a strata scheme (within the meaning of the Strata 27
Schemes Management Act 2015), the owners corporation constituted 28
under that Act for the scheme. 29
[6] Section 5 (1), definition of "skin penetration procedure" 30
Insert "or the penetration of a mucous membrane" after "hair removal)". 31
[7] Section 25 Quality assurance programs 32
Omit section 25 (1). Insert instead: 33
(1) A supplier of drinking water must have a quality assurance program. 34
Maximum penalty: 35
(a) in the case of an individual--50 penalty units, or 36
(b) in the case of a corporation--250 penalty units. 37
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Public Health Amendment (Review) Bill 2017 [NSW]
Schedule 1 Amendment of Public Health Act 2010 No 127
[8] Section 25 (1A) and (1B) 1
Insert after section 25 (1): 2
(1A) A supplier of drinking water must comply with the supplier's quality 3
assurance program. 4
Maximum penalty: 5
(a) in the case of an individual--50 penalty units, or 6
(b) in the case of a corporation--250 penalty units. 7
(1B) A supplier of drinking water must provide a copy of the supplier's quality 8
assurance program to the Secretary. 9
Maximum penalty: 10
(a) in the case of an individual--25 penalty units, or 11
(b) in the case of a corporation--125 penalty units. 12
[9] Section 25 (2) (c) 13
Insert after section 25 (2) (b): 14
(c) matters to be included in a quality assurance program, including in 15
relation to particular types of suppliers. 16
[10] Section 34 Definitions 17
Insert at the end of paragraph (d) of the definition of public swimming pool or spa pool: 18
or 19
(e) a pool situated at private residential premises, but only if that pool is 20
used for commercial purposes, or 21
(f) any other pool or spa pool declared by the regulations to be a public 22
swimming pool or spa pool, 23
[11] Section 34, definition of "public swimming pool or spa pool" 24
Omit "but not including a pool situated at private residential premises". 25
Insert instead "but not including any pool or spa pool declared by the regulations not to be 26
a public swimming pool or spa pool". 27
[12] Section 34, definition of "swimming pool" 28
Omit "or other recreational aquatic structure". 29
Insert instead ", water play park or other recreational aquatic structure (including any 30
interactive water feature or fountain that is intended to be bathed in for recreational 31
purposes)". 32
[13] Section 39A 33
Insert after section 39: 34
39A Eyeball tattooing to be carried out by medical practitioner or other qualified 35
person 36
Eyeball tattooing must not be carried out by any person other than: 37
(a) a medical practitioner, or 38
(b) a person, or person belonging to a class of persons, prescribed by the 39
regulations for the purposes of this section. 40
Maximum penalty: 100 penalty units or imprisonment for 6 months, or both. 41
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Public Health Amendment (Review) Bill 2017 [NSW]
Schedule 1 Amendment of Public Health Act 2010 No 127
[14] Section 51 Definitions 1
Insert in alphabetical order in section 51 (1): 2
contact order condition means a medical condition listed in Schedule 1A. 3
[15] Section 51 (2) 4
Insert "or 1A" after "Schedule 1". 5
[16] Section 54 Medical practitioner to notify Secretary of Category 1 and 2 conditions 6
Insert after section 54 (3): 7
(3A) Subject to section 56, any medical practitioner involved in the treatment of the 8
person concerned must, at the request of the Secretary, provide the Secretary 9
with: 10
(a) such information as is necessary to complete or correct a certificate that 11
appears to be incomplete or incorrect, and 12
(b) such other information concerning the person's medical condition and 13
transmission and risk factors as is available to the medical practitioner. 14
[17] Section 54 (4) 15
Omit "this section". Insert instead "subsection (2)". 16
[18] Section 55 Laboratories to notify Secretary of Category 3 conditions 17
Insert "or other person of a class prescribed by the regulations" after "practitioner" where 18
firstly occurring in section 55 (1) (a). 19
[19] Section 55 (4) and (5) 20
Omit the subsections. Insert instead: 21
(4) Subject to section 56, any medical practitioner involved in the treatment of the 22
person concerned must, at the request of the Secretary, provide the Secretary 23
with: 24
(a) such information as is necessary to complete or correct a report that 25
appears to be incomplete or incorrect, and 26
(b) such other information concerning the person's medical condition and 27
transmission and risk factors as is available to the medical practitioner. 28
(5) A registered medical practitioner must not, without reasonable excuse, fail to 29
comply with such a request. 30
Maximum penalty: 50 penalty units. 31
[20] Section 56 Protection of patient's identity 32
Omit section 56 (1) and (2). Insert instead: 33
(1) A registered medical practitioner must not include a patient's name or address 34
in a certificate under section 54 or in information provided under section 54 or 35
55 if the condition to which the certificate or information relates is a 36
Category 5 condition. 37
[21] Section 56 (4) (b) 38
Omit "so long as the information is relevant to the provision of such care, treatment or 39
counselling". 40
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Public Health Amendment (Review) Bill 2017 [NSW]
Schedule 1 Amendment of Public Health Act 2010 No 127
[22] Section 56 (4), note 1
Insert after section 56 (4): 2
Note. The Health Records and Information Privacy Act 2002 limits the use and 3
disclosure of health information. 4
[23] Section 61 Secretary may direct persons to undergo medical examination 5
Insert after section 61 (5): 6
(6) The medical practitioner who carries out the examination must, as soon as 7
practicable, provide the Secretary with a report of the examination, including 8
the results of any associated tests. 9
Maximum penalty: 50 penalty units. 10
[24] Section 62 Making of public health orders relating to person with Category 4 or 5 11
condition or contact order condition 12
Omit section 62 (1). Insert instead: 13
(1) An authorised medical practitioner may make a public health order in respect 14
of a person if satisfied, on reasonable grounds, that: 15
(a) the person has a Category 4 or 5 condition and because of the way the 16
person behaves may, as a consequence of that condition, be a risk to 17
public health, or 18
(b) the person: 19
(i) has been exposed to a contact order condition, and 20
(ii) is at risk of developing the contact order condition, and 21
(iii) because of the way the person behaves, may be a risk to public 22
health. 23
[25] Section 62 (2) (d) 24
Omit the paragraph. Insert instead: 25
(d) must state that, unless sooner revoked, it expires: 26
(i) if the public health order is made in respect of a person referred 27
to in subsection (1) (b)--at the end of the period specified 28
opposite the relevant condition in Schedule 1A, or 29
(ii) in any other case--at the end of a specified period (not exceeding 30
28 days), 31
after it is served on the person subject to the order. 32
[26] Section 62 (3) (b) 33
Omit the paragraph. Insert instead: 34
(b) to undergo specified treatment (whether at a specified place or 35
otherwise), 36
[27] Section 62 (3) (e)-(g) 37
Omit section 62 (3) (e). Insert instead: 38
(e) to notify the Secretary of other persons with whom the person has been 39
in contact within a specified period, 40
(f) to notify the Secretary if the person displays any specified signs or 41
symptoms, 42
(g) in relation to a person referred to in subsection (1) (b)--to undergo 43
specified testing for the relevant condition. 44
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Public Health Amendment (Review) Bill 2017 [NSW]
Schedule 1 Amendment of Public Health Act 2010 No 127
[28] Section 62 (4) 1
Omit section 62 (4) and (5). Insert instead: 2
(4) A public health order may authorise the person subject to the order: 3
(a) to be detained at a specified place for the duration of the order, or 4
(b) in relation to an order that requires the person to undergo specified 5
treatment at a specified place--to be detained at that place while 6
undergoing the treatment. 7
[29] Section 63 Duration of public health order 8
Insert "or made in relation to a person referred to in section 62 (1) (b)" after "Category 5 9
condition" in section 63 (2). 10
[30] Section 64 NCAT may confirm certain public health orders 11
Insert "or made in relation to a person referred to in section 62 (1) (b)" after "Category 5 12
condition" in section 64 (1). 13
[31] Section 68 Restriction on making of further public health order 14
Insert at the end of the section: 15
(2) This section does not apply to the revocation of a public health order made in 16
relation to a person referred to in section 62 (1) (b). 17
[32] Section 79 18
Omit the section. Insert instead: 19
79 Duties of persons in relation to sexually transmissible diseases or conditions 20
(1) A person who knows that he or she has a notifiable disease, or a scheduled 21
medical condition, that is sexually transmissible is required to take reasonable 22
precautions against spreading the disease or condition. 23
Maximum penalty: 100 penalty units or imprisonment for 6 months, or both. 24
(2) An owner or occupier of a building or place who knowingly permits another 25
person to have sexual intercourse in contravention of subsection (1) at the 26
building or place for the purpose of prostitution is guilty of an offence. 27
Maximum penalty: 100 penalty units or imprisonment for 6 months, or both. 28
(3) A person (other than a member of the NSW Health Service) must notify the 29
Secretary if the person commences proceedings against a person for an offence 30
under this section. 31
[33] Section 83 Hospital CEO to notify Secretary of notifiable diseases 32
Insert after section 83 (3): 33
(4) Any medical practitioner involved in the treatment of the patient or former 34
patient concerned must, at the request of the Secretary, provide the Secretary 35
with: 36
(a) such information as is necessary to complete or correct information that 37
appears to be incomplete or incorrect, and 38
(b) such other information concerning the patient's medical condition and 39
transmission and risk factors as is available to the medical practitioner. 40
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Public Health Amendment (Review) Bill 2017 [NSW]
Schedule 1 Amendment of Public Health Act 2010 No 127
(5) A registered medical practitioner must not, without reasonable excuse, fail to 1
comply with the requirements of this section. 2
Maximum penalty: 50 penalty units. 3
[34] Section 85 Definitions 4
Omit "primary school" wherever occurring in the definitions of child at risk and principal 5
in section 85 (1). 6
Insert instead "school". 7
[35] Section 85 (1), definition of "primary school" 8
Omit the definition. 9
[36] Section 85 (1) 10
Insert in alphabetical order: 11
school means: 12
(a) a government school established under the Education Act 1990, or 13
(b) a non-government school registered under that Act. 14
[37] Section 86 Responsibilities of principals of schools with respect to immunisation 15
Omit "primary school" wherever occurring in section 86. Insert instead "school". 16
[38] Section 87 Responsibilities of principals of child care facilities with respect to 17
immunisation 18
Omit section 87 (1) (a)-(c). Insert instead: 19
(a) a vaccination certificate and, if the vaccination certificate does not 20
cover some of the vaccine preventable diseases for which immunisation 21
at the child's age is recommended by the NSW Immunisation Schedule, 22
a medical certificate in respect of any vaccine preventable disease not 23
covered by the vaccination certificate, or 24
(b) if a vaccination certificate is not provided--a medical certificate in 25
respect of the vaccine preventable diseases for which immunisation at 26
the child's age is recommended by the NSW Immunisation Schedule. 27
[39] Section 87 (1) and (6) 28
Insert at the end of each subsection: 29
Maximum penalty: 50 penalty units. 30
[40] Section 87 (2) 31
Omit the subsection. Insert instead: 32
(2) A person must not forge or falsify a certificate that is required to be provided 33
under this section. 34
Maximum penalty: 50 penalty units. 35
[41] Section 87 (9) 36
Insert after section 87 (8): 37
(9) In this section: 38
medical certificate means a certificate in the approved form by an authorised 39
practitioner certifying that a specified child should have an exemption for one 40
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Public Health Amendment (Review) Bill 2017 [NSW]
Schedule 1 Amendment of Public Health Act 2010 No 127
or more vaccines for specified vaccine preventable diseases due to a medical 1
contraindication to vaccination. 2
vaccination certificate means: 3
(a) an immunisation certificate indicating that the child is age appropriately 4
immunised, or 5
(b) a certificate in the approved form by an authorised practitioner 6
certifying that the child is following an approved vaccination catch-up 7
schedule. 8
[42] Section 88 Responsibilities of principals during outbreaks of vaccine preventable 9
disease 10
Omit section 88 (1). Insert instead: 11
(1) The principal of a school or child care facility must, as soon as practicable, 12
ensure that the public health officer is given notice in writing, in the approved 13
form, if: 14
(a) the principal becomes aware that a child enrolled at the school or facility 15
has a vaccine preventable disease, or 16
(b) the principal reasonably suspects that a child enrolled at the school or 17
facility who is a child at risk has come into contact with a person who 18
has a vaccine preventable disease. 19
[43] Section 88 (2) 20
Omit "On being informed that a child has a vaccine preventable disease". 21
Insert instead "On receiving a notice referred to in subsection (1) or if the public health 22
officer reasonably believes that a child at risk has come into contact with a person who has 23
a vaccine preventable disease". 24
[44] Section 88 (2), (4)-(6) and (8) 25
Omit "primary school" wherever occurring. Insert instead "school". 26
[45] Section 88 (2) 27
Omit "both in respect of the child that has the disease". 28
Insert instead "in respect of the child that has the disease, the child who has come into 29
contact with a person who has the disease". 30
[46] Part 6, heading 31
Insert "and diseases" after "health". 32
[47] Part 6 33
Omit Divisions 1-3. 34
[48] Part 6, Division 4 35
Omit the heading. 36
[49] Section 97 Registers that may be established 37
Insert after section 97 (1) (e): 38
(f) any other purpose prescribed by the regulations for the purpose of this 39
section. 40
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Public Health Amendment (Review) Bill 2017 [NSW]
Schedule 1 Amendment of Public Health Act 2010 No 127
[50] Sections 97 (2) and 98 (1) 1
Omit "Division" wherever occurring. Insert instead "Part". 2
[51] Section 98 Public health and disease registers 3
Omit "register" wherever occurring in section 98 (5) and (6). 4
Insert instead "register established under this section". 5
[52] Section 98 (7) 6
Insert in alphabetical order: 7
identifying particulars of a person means the person's: 8
(a) name (including any previous name), or 9
(b) residential, postal or email address. 10
[53] Section 106 Inquiries by Secretary 11
Insert after section 106 (3): 12
(3A) If the person is authorised to exercise the function of an authorised officer 13
under a provision of this Part that relates to a contravention of this Act or the 14
regulations, the function may be exercised in relation to a matter the subject of 15
the inquiry. 16
[54] Section 106 (4A) 17
Insert after section 106 (4): 18
(4A) If, as a result of an inquiry, the Secretary considers that there is, or is likely to 19
be, a risk to public health, the Secretary may, by notice in writing, direct a 20
person whom the Secretary reasonably believes is responsible for, or 21
contributed to, the public health risk to notify specified persons or a specified 22
class of persons of the nature of the risk and of any measures to be taken to 23
mitigate that risk. 24
[55] Section 130A 25
Insert after section 130: 26
130A Secretary cannot be compelled to produce certain information in proceedings 27
(1) The Secretary and any person who, on behalf of the Secretary, holds 28
information that has been provided to the Secretary under Part 4 or 5 cannot 29
be compelled in any proceedings (other than proceedings under this Act) to 30
produce or to give evidence in relation to that information. 31
(2) However, the Secretary may consent to the disclosure of any such information 32
for the purpose of any legal proceedings. 33
[56] Section 131A 34
Insert after section 131: 35
131A Annual reports 36
Without limiting the requirements of the Annual Reports (Departments) Act 37
1985, the Secretary must include the number of public health orders made 38
under section 62 during the reporting year in the annual report of the Ministry 39
of Health under that Act. 40
Page 10
Public Health Amendment (Review) Bill 2017 [NSW]
Schedule 1 Amendment of Public Health Act 2010 No 127
[57] Section 134 Regulations 1
Omit section 134 (2) (w). Insert instead: 2
(w) the payment of specified fees in relation to applications made, approvals 3
given, improvement notices and prohibitions orders given, and other 4
matters arising, under this Act (including in relation to the exercise of 5
functions by local government authorities and authorised officers). 6
[58] Schedule 1A 7
Insert after Schedule 1: 8
Schedule 1A Contact order conditions 9
(Section 51) 10
Contact order conditions Expiry periods
Avian influenza in humans 10 days
Middle East respiratory syndrome coronavirus 10 days
Severe Acute Respiratory Syndrome 10 days
Typhoid 14 days
Viral haemorrhagic fevers 21 days
Page 11
Public Health Amendment (Review) Bill 2017 [NSW]
Schedule 2 Amendment of Public Health Regulation 2012
Schedule 2 Amendment of Public Health Regulation 2012 1
[1] Clause 44A Exemptions from pre-enrolment requirements relating to child care 2
facilities 3
Omit clause 44A (1) (b). Insert instead: 4
(b) the child is subject to a guardianship order under section 79A of the 5
Children and Young Persons (Care and Protection) Act 1998 or is in 6
out-of-home care (within the meaning of that Act), or 7
[2] Clause 44A (1) 8
Insert at the end of clause 44A (1): 9
, or 10
(e) the child is an Aboriginal or Torres Strait Islander (within the meaning 11
of the Children and Young Persons (Care and Protection) Act 1998). 12
Page 12
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