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Mr VATSKALIS (Health): Madam Speaker, I move that the bill be now be read a second time.
Public health is a matter that concerns everyone in the Northern Territory, whether a resident or a visitor. Public health is a
cornerstone of our high standard of living here in the Northern Territory. We seek to replace outdated prescriptive public
health legislation with a modern, flexible legislative framework that caters for the needs of today’s Territorians and our
future generations.
It is proposed that the Public and Environmental Health Bill 2010 becomes the main instrument for monitoring and
regulating public and environmental health in the Northern Territory. The bill has been framed to provide effective
mechanisms for protecting public health, both at the enforcement level and by stakeholders assuming a greater degree of
responsibility for improved public health outcomes.
The objects of this bill are to:
· protect and promote the health of individuals and communities in the Territory;
· provide a flexible capacity to protect the health of particular individuals and communities in the Territory, from emerging
environmental conditions, or public and environmental health issues that may impact on their health and wellbeing;
· enable special action to be taken to protect the health of particular individuals and communities in the Territory who are at
public health risk or facing particular health problems;
· improve the public public and environmental health outcomes of all Territorians in partnership with individuals and the
community;
· monitor, assess and control environmental conditions, factors and agents, facilities and equipment and activities, services
and products that impact on or may impact on public and environmental health.
The Public and Environmental Health Bill 2010 was drafted in compliance with national competition policy principles and
is consistent with this government’s commitment to regulatory reform. Any of you who are familiar with the current Public
Health Act will be aware of its complexity and lack of clarity. The current Public Health Act relies on a narrow view of
risks to public health and remedies to control these risks.
We have in the bill before you new legislation that has a broader public health base and an integrated approach to public
health issues. The bill is supported by a range of health professionals, both medical and environmental health, and
acknowledges that some groups in our society will, from time to time, need extra assistance to meet specific public and
environmental health challenges.
This bill recognises the maintenance of public health as a necessary investment and an ongoing challenge for the
government of the day. Considerable consultation has gone into the preparation of this bill, and it has benefited from the
extensive input received. Best practice public health legislation was examined in the formulation of the bill.
Most recently, in June 2010, an exposure draft to the bill and a Discussion Paper was widely advertised and circulated
inviting written submissions from stakeholders. Meetings were also held with representatives of the Commonwealth, state
health departments, Northern Territory government departments, medical groups, non-government organisations, the
general public, industry, and in some regional centres to facilitate community input.
I draw your attention to some of the significant changes in the approach to public and environmental health in this bill. The
Chief Health Officer has been vested with wider powers to take a leading role in a public health emergency where no ‘state
of disaster’ or ‘state of emergency’ exists. These powers will protect the community from major public health risks. An
example of this is the potential spread of disease through increased mosquito breeding following flash flooding. This new
provision will enable a more timely response, such as aerial spraying and the mobilisation of resources to prevent
transmission of diseases such as Murray Valley encephalitis, Kunjin or Ross River virus.
The bill introduces the concept of ‘declared activities’. Any activity that may result in transmission of disease or that may
otherwise pose a risk or harm to public health may be ‘declared’ by the minister. Examples of these activities could
include: commercial visitor accommodation, tattooing, body piercing, and hairdressing including mobile hairdressing.
It is proposed that premises that carry out these declared activities will be registered and appropriate conditions placed on
the registration. All relevant businesses will then be issued with a registration notice which should be conspicuously
displayed on the premises to provide additional assurance to clients of compliance with minimal public health standards.
The proprietors of these declared activities may be subjected to public health notices and, in extreme cases, public health
orders if the circumstances dictate this level of control.
Traditional public health nuisances will also continue to be managed, particularly through education and conciliation.
Public health notices and orders, however, are available under this bill if the satisfactory resolution cannot be reached. This
can also be followed by an order issued by the local court.
The nuisance provisions in this bill will create an offence which attracts a penalty for allowing a public health nuisance to
exist. For example, unsanitary conditions such as the accumulation of putrescible waste that gives rise to infestation by
vermin, flies, and other animal pests.
Natural justice is served in this bill by an appeals mechanism. Appeals may be made directly to the Chief Health Officer for
matters surrounding registration of business, public health notices, and public health orders. If a person is aggrieved by the
outcome of such an appeal, they have the right to take the matter to the local court for hearing.
The Chief Health Officer may obtain health information and use that information for monitoring, protecting, maintaining,
or promoting public health. For example, analysis and reporting of factors impacting on public health including, lifestyle
and chronic, acute, or emerging health conditions, as well as information currently collected and required under the Public
Health (Cervical Cytology Register) Regulations.
The powers are entry for authorised officers under this bill are necessarily wide in the interest of public health. They are
similar to the powers of police officers. Under this bill, the concern of the owner, reasonable grounds, or a warrant will
normally be needed to enter property.
Penalties proposed in this bill have risen compared to the current Public Health Act in order to better reflect the seriousness
of the offence and current community values. Under this bill, a magistrate may impose fines on a person between $2600
and $52 000, or two years imprisonment in extreme cases.
The minister has the power to conduct an inquiry into any matters that affect public health in the Northern Territory. The
bill requires a suitably qualified and experienced person conduct the inquiry, and that the person has protection and
immunity from liability.
The bill is necessarily broad-raging nature. The bill goes far beyond the traditional role of policing nuisances by
progressing modern public health thinking and providing a flexible approach to emerging public and environmental issues.
The current Public Health Act is a daily frustration to authorised officers who are working with it, and members of our
community who need to understand it. Environmental Health Officers who are out in the field every day trying to interpret
the law in a practical sense are frustrated by many of the narrow, outdated, and prescriptive regulations associated with the
current act. This bill is outcome based, and has deliberately moved away from its previous prescriptive nature. The
regulations from the current Public Health Act have been retained in this bill, and will be progressively repealed or updated
as new regulations, guidelines, and standards are developed within two years following the enactment of this bill.
Minimum public and environment health standards will be developed with industry and government to protect the public
and provide benchmarks for the operation of the declared activities carried out by businesses. These documents will
stipulate outcomes that are legal and enforceable. Guidelines will act to inform the development of these minimum
standards. The guidelines will also be developed in consultation with industry and government, and will provide clear
advice to businesses to protect the public and provide benchmarks, in particular for the operation of activities which have
not been declared by the minister. The new regulations guidelines and minimum standards to support this bill will uphold
the direction of public health in the Northern Territory well into the future.
This bill seeks to protect people in the Northern Territory from factors in the environment that can, or will, cause harm to
human health. The bill supports the government’s strategic direction in improving the health of all Territorians and visitors
alike. The vigilance of the health professionals who enforce this legislation carries the government’s vision forward for the
benefit of all our community. Under this bill, public health staff will be aided in their work by modern legislation which
takes a proactive approach to emerging health concerns. In addition, developing programs to minimise health risk from
communicable disease in industries which were previously not registered, and recognition of the risk posed by vectors, are
possible under this bill.
The Chief Health Officer will continue to ensure the quality of drinking water in the Northern Territory under this bill
through the provision of appropriate guidelines to advise water providers not covered by the Water Supply and Sewerage
Services Act.
This modernisation of public and environmental health legislation in the Territory is long overdue. The bill will further
enhance public health conditions and better reflect change in community attitudes and lifestyle. This is an important bill
that has been consulted widely over a number of years to accommodate the many and various concerns of Territorians. It
affects all Territorians.
Madam Speaker, I commend the bill to members of this House, and table the explanatory memorandum.
Debate adjourned.