The Public Health Act 2005 (the "Act") was recently passed by the Queensland Parliament.[1]  The Act replaces provisions in the Health Act 1937 related to public health.  Among other things, the Act provides:-

• powers to deal with risks to public health;
• the means to prevent or minimise adverse effects on health associated with notifiable conditions;
• for the control of contagious conditions in schools;
• for the management of public health emergencies; and
• for monitoring and enforcement mechanisms to ensure compliance with the Act. 

Some of the key features of the Act are outlined below.
Public Health Risks and the Roles of the State and Councils
Of particular interest and importance to Councils is the fact that local governments assume responsibility for the administration and enforcement of "local government public health risks".[2]  These risks are set out in section 11 of the Act and are defined to mean—

(a) an animal, structure, substance or other thing that—

(i) is, or is likely to become, a breeding ground or source of food for designated pests; or
(ii) harbours, or is likely to become something that harbours, designated pests; or

(b) any of the following that is, or is likely to be, hazardous to human health, or that contributes to, or is likely to contribute to, disease in humans or the transmission of an infectious condition to humans—

(i) a designated pest;
(ii) water;
(iii) waste;
(iv) a dead or living animal, structure, substance or other thing that has been, or is likely to have been, exposed to an infectious condition; 
(v) a dispersal or release of a pesticide, herbicide, solvent or other chemical at a place other than a workplace;
(vi) a dispersal or release of a by-product of manufacturing, construction, repair, alteration, cleaning or demolition work at a place other than a work place.

The chief executive of the Department and the CEO of a local government may reach agreement on what things each may do in the administration and enforcement of the Act.

The Interaction of the Act, Local Laws and the Local Government Act 1993. 

Section 19 of the Act allows Councils to make local laws about public health risks.  These local laws will not be invalid by reason of inconsistency with the Act.  This approach ensures that those local laws that deal with public health issues remain valid. However, there is an exception.  If a local law is inconsistent with a regulation made under section 61 of the Act, the local law will be invalid to the extent of the inconsistency.  For example, section 61 allows for a regulation to be made about public health risks, including measures to control designated pests.  If a local law specifies different, inconsistent measures, the provisions of the local law will be of no effect to the extent of the inconsistency. 

The Act is also to be administered and enforced through its own provisions and not the provisions specified in the Local Government Act.

Public Health Orders

Chapter 2, Part 3 of the Act provides for an authorised person to issue a public health order to a person to undertake some action that is "reasonably necessary to remove or reduce the risk to public health from a public health risk, or prevent a risk to public health from recurring". Council officers may be appointed as authorised persons. The public health order must state specified information, including the steps the recipient of the order must take to remove, reduce or prevent the public health risk.  Public health orders may be enforced through a Magistrates Court.

Prevention and Control Programs

The chief executive of the Department may authorise a prevention and control program if satisfied there is, or is likely to be, in an area:-

• an outbreak of a disease capable of transmission to humans by designated pests; or
• a plague or infestation of designated pests.[3] 

Local governments or the State, or a combination of both, may be authorised to undertake a prevention and control program.

Notifiable Conditions

Chapter 3 of the Act deals with notifiable conditions[4] and aims to protect persons from notifiable conditions.  Council employees may be appointed as "contact tracing officers" and, in that role, they may ask persons for information regarding the transmission of a notifiable condition.  Orders may be made by the chief executive of the Department and a Magistrate about notifiable conditions, including orders for the detention of persons.[5]

Child Health

Chapter 5 of the Act concerns child health and allows directions to be given about attendance of children at a school or child care service, among other things.  Such directions may include directions to a parent to remove the child from a school because:-

• the child has a contagious condition[6]; or
• the child has not been vaccinated against a vaccine preventable condition and is at risk of contracting a contagious condition.[7]

Public Health Emergencies

The Minister may declare a public health emergency under the Act.  A public health emergency "means an event or a series of events that has contributed to, or may contribute to, serious adverse effects on the health persons in Queensland".[8] 
Importantly, the powers under the Act are in addition to and do not limit powers under the Disaster Management Act 2003 or the Public Safety Preservation Act 1986.  Council employees may be appointed as emergency officers (general) and may exercise an extensive range of emergency powers.  The powers that may be exercised may be limited or subject to the directions of the chief executive under section 339.

Monitoring and Enforcement

Chapter 9 sets out the general and specific powers and provisions relating to the monitoring and enforcement of the requirements under the Act.  Council's CEO may appoint authorised persons for the local government and its area. An authorised person has wide powers under Chapter 9 of the Act including:-

• powers of entry (generally subject to the occupier's consent, an enforcement order or a warrant);
• the power to apply for a warrant; and
• the power to search, inspect, test, copy a document, require reasonable help from another person or stop a motor vehicle.

For further information please contact one of our Planning & Environment and Local Laws team:

• Mal Skipworth - 4030 0620
• Oliver Gilkerson - 3031 9714   
• Picha Djohan - 4030 0573
• Jenny Humphris - 3031 9720   
• Andrew Kerr - 4030 0564                                  
• Tanya Knauer - 4030 0617                                 
• Enrique Mendoza - 4030 0500

Government Solutions is a newsletter intended only to provide general information about current legal issues and does not constitute, nor should it be used or treated as, professional or legal advice.  Readers should make their own enquiries or seek legal advice before making any decisions concerning their own interests.

[1]           Act No. 48 of 2005; Date of Assent:-  2/11/2005; Commences on a date to be fixed by proclamation.

[2]           See section 13 which also includes the responsibility of local government for regulations made under section 61.  Section 12 sets out the matters to be administered and enforced by the

[3]           Designated pests are defined to mean mosquitos, rats, mice, or other animals prescribed under a regulation - see Schedule 2.State.

[4]           A notifiable condition is a medical condition prescribed under a regulation - see section 64.

[5]           Chapter 3, Parts 4 and 5.

[6]           Section 164.

[7]           Sections 165 and 166.

[8]           Section 315.