SOUTH AUSTRALIAN PUBLIC HEALTH BILL

Final Stages

The Legislative Council agreed to the bill with the amendments indicated by the following schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly:

No.1. Clause 14, page 12, after line 4—

After paragraph (c) insert:

(ca) to be allowed to decide freely for himself or herself on an informed basis whether or not to undergo medical treatment or, in a case involving a child under the age of 16 years, to have his or her parent or guardian allowed to decide freely on an informed basis whether or not the child should undergo medical treatment; and

No.2. Clause 14, page 12, after line 8 [clause 14(5)]—

After paragraph (d) insert:

(e) that the least restrictive means necessary to prevent the spread of disease be adopted when isolating or quarantining a person at the person's home or on other premises under this Act; and

(f) that his or her needs, including, but not limited to the provision of—

(i) adequate food, clothing, shelter and medical care; and

(ii) a telephone or other appropriate method by which the person may communicate with others,

will be addressed in a reasonable and competent manner to the extent that the person is unable or restricted in his or her own capacity to meet such needs; and

(g) that any premises at which the person must reside as a result of an order, direction or requirement (other than the person's home), are—

(i) maintained according to safe and hygienic standards; and

(ii) to the extent possible, maintained in a way that is respectful to the person's cultural and religious beliefs; and

(iii) designed or managed to minimise the likelihood that—

(A) infection may be transmitted; and

(B) the person may be subjected to harm or further hann.

No.3. Clause 14, page 12, after line 11—Insert:

(7) Without limiting subsection (6), if a power is to be exercised under Part 10 or Part 11, so far as is reasonably practicable, the power that least infringes on the rights of individuals must be the power that is exercised, unless to do so would involve the use of measures that are likely to be less effective in protecting or minimising risk to public health.

(8) Any requirement restricting the liberty of 2 or more members of the 1 family should ensure, so far as is desirable and reasonably practicable and so far as is appropriate to the requirements for the protection of public health, that the family members reside at the same place.

(9) If a requirement restricting the liberty of a person is imposed, all reasonably practicable steps must be taken to ensure that the person's next of kin, or a nominated person, is informed (unless the person to whom the requirement relates instructs otherwise).

No.4. Clause 90, page 56, after line 1—Insert:

(3) An authorised officer may only exercise a power of direction under section 25(2) of the Emergency Management Act 2004 applied under subsection (1)—

(a) that the person be isolated or segregated from other persons; or

(b) that the person must remain in a particular place,

if—

(c) there is no cause, or no reasonable cause, to act under Part 10 or under the Mental Health Act 2009; or

(d) there are significant public health advantages in acting under the Emergency Management Act 2004 as applied under this section rather than under Part 10 or under the Mental Health Act 2009.

(4) If—

(a) a person is subject to a direction under section 25(2) of the Emergency Management Act 2004 applied under subsection (1)—

(i) that the person be isolated or segregated from other persons; or

(ii) that the person remain in a particular place; and

(b) an authorised officer is satisfied that the person is no longer an immediate risk to public health, or is no longer at risk on account of a public health incident or public health emergency, (as the case requires),

the direction must be revoked in relation to the person.

(5) If—

(a) a person is subject to a direction, or a series of directions, under section 25(2) of the Emergency Management Act 2004 applied under subsection (1)—

(i) that the person be isolated or segregated from other persons; or

(ii) that the person must remain in a particular place; and

(b) the direction has effect, or the directions together have effect, for a period exceeding 24 hours,

the person may apply to the Magistrates Court for a review of the direction or directions.

(6) An application under subsection (5) may be instituted at any time during the currency of a direction (and, subject to subsection (7), more than 1 application may be made while a direction is in force).

(7) If a second or subsequent application is made with respect to the same direction or directions, the Magistrates Court must first consider whether there has been a significant change in the material circumstances of the case and should, unless the Magistrates Court in its discretion determines otherwise, decline to proceed with the application (if it appears that the proceedings would simply result in a rehearing of the matter without such a change in circumstances).

(8) Subject to complying with subsection (7), the Magistrates Court may, on hearing an application under subsection (5)—

(a) confirm, vary or revoke a direction;

(b) remit the subject matter to the person who gave a direction for further consideration;

(c) dismiss the matter;

(d) make any consequential or ancillary order or direction, or impose any conditions, that it considers appropriate.

(9) The Magistrates Court may only revoke a direction under subsection (8) if satisfied that the direction is no longer reasonably necessary in the interests of public health.

(10) The Magistrates Court is to hear and determine an application under subsection (5) as soon as is reasonably practicable.

(11) A party to proceedings on an application under subsection (5) may appeal against a decision of the Magistrates Court under subsection (8).

(12) An appeal under subsection (11) will be to the District Court.

(13) The District Court may, on an appeal under subsection (11)—

(a) confIrm or vary the decision of the Magistrates Court, or substitute its own decision;

(b) make any consequential or ancillary order or direction that it considers appropriate.

(14) The District Court is to hear and determine an appeal under subsection (11) as soon as is reasonably practicable.

(15) An appeal under subsection (11) will be heard in the Administrative and Disciplinary Division of the District Court (but will not be subject to the application of Subdivision 2 of Part 6 Division 2 of the District Court Act 1991).

(16) In this section—

Magistrates Court means the Magistrates Court of South Australia.

No.5. New clause, page 70, after line 39—Insert:

110—Review of Act

(1) The Social Development Committee of Parliament must review the operation of this Act as soon as practicable after the expiry of 5 years from its commencement.

(2) The Social Development Committee must ensure that, as part of the review, reasonable steps are taken to seek submissions from—

(a) State agencies that have an interest in public health; and

(b) the local government sector; and

(c) relevant industry, health and community organisations,

(but may otherwise conduct the review in such manner as it thinks fit under the Parliamentary Committees Act 1991).

No.6. Schedule 1, clause 4, page 71, after line 20—Insert:

(2) Section 24A-after its present contents (as amended by subclause (1) and now to be designated as subsection (1)) insert:

(2) However, if—

(a) an identified major incident or a major emergency relates to circumstances that are or have been the subject of a declaration under Part 11 of the South Australian Public Health Act 2010; and

(b) a person is subject to a direction, or a series of directions, under section 25(2) of this Act—

(i) that the person be isolated or segregated from other persons;

or

(ii) that the person must remain in a particular place; and

(c) the direction has effect, or the series of directions together have effect, for a period exceeding 24 hours,

then the direction or directions will be taken to be a direction or directions that are subject to a right of review under section 90(5), (6), (7), (8) and (10) of the South Australian Public Health Act 2010 and to section 90(11) to (15) (inclusive) of the Act with respect to a right of appeal (and those provisions apply in relation to any such direction under this Act as if they formed part of this Act but subject to any prescribed modifications).

At 17:58 the house adjourned until Wednesday 23 March 2011 at 11:00.