Part 2 – General obligation to minimise infection risks for declared health services

151 Obligation to minimise risk of infection A person involved in the provision of a declared health service must take reasonable precautions and care to minimise the risk of infection to other persons.

Part 3A – Improvement notices and directions notices

156C Improvement notice

(1) This section applies if an authorised person appointed by the chief executive reasonably believes—

(a) the operator or owner of a health care facility—

(i) is contravening a relevant provision; or

(ii) has contravened a relevant provision in circumstances that make it likely the contravention will continue or be repeated; and

(b) a matter relating to the contravention is reasonably capable of being remedied; and

(c) it is appropriate to give the operator or owner an opportunity to remedy the matter.

(2) The authorised person may give the operator or owner a notice (an
"improvement notice") requiring the operator or owner to remedy the contravention or have the contravention remedied.

(3) The improvement notice must state the following—

(a) the relevant provision the authorised person believes is being, or has been, contravened;

(b) that the authorised person reasonably believes the operator or owner—

(i) is contravening the relevant provision; or

(ii) has contravened the relevant provision in circumstances that make it likely the contravention will continue or be repeated;

(c) briefly, how it is believed the relevant provision is being, or has been, contravened;

(d) the period within which the operator or owner must remedy the contravention or have the contravention remedied;

(e) that it is an offence to fail to comply with the improvement notice, unless the operator or owner has a reasonable excuse.

(4) The period stated under subsection (3)(d) must be reasonable, having regard to the risk to public health posed by the contravention.

(5) The improvement notice may also state the reasonable steps the authorised person considers necessary to remedy the contravention, or avoid further contravention, of the relevant provision.

(6) The operator or owner must comply with the improvement notice, unless the operator or owner has a reasonable excuse. Maximum penalty—

(a) if the relevant provision the subject of the improvement notice is section 151—1000 penalty units; or

(b) if the relevant provision the subject of the improvement notice is section 153(2) or 154(2)—500 penalty units; or

(c) if the relevant provision the subject of the improvement notice is section 155(5)—100 penalty units.

(7) An operator or owner may be prosecuted for the contravention of a relevant provision without an authorised person first giving an improvement notice for the contravention.

(8) In this section—

"relevant provision" means—

(a) in relation to the operator of a health care facility—section 151, 154(2) or 155(5); or

(b) in relation to the owner of a health care facility who is not the operator of the facility—section 153(2).

156D Record of compliance with improvement notice

(1) If the operator or owner of a health care facility who is given an improvement notice by an authorised person under this part reasonably believes the operator or owner has complied with the notice, the operator or owner may inform the authorised person of the belief.

(2) If the authorised person is satisfied the operator or owner has complied with the improvement notice, the authorised person must—

(a) record the date of the compliance on a copy of the notice; and

(b) if asked, give a copy of the dated notice to the operator or owner.

156E Directions notice

(1) This section applies if the chief executive reasonably believes—

(a) the operator of a health care facility—

(i) is contravening section 151; or

(ii) has contravened section 151 in circumstances that make it likely the contravention will continue or be repeated; and

(b) there is a serious risk of harm to a person’s health because of the contravention or likely contravention.

(2) The chief executive may give the operator a notice (a
"directions notice") directing the operator to stop providing a stated declared health service at the health care facility for a stated period of not more than 30 days.

(3) The directions notice must also state the following—

(a) that the chief executive reasonably believes the operator—

(i) is contravening section 151; or

(ii) has contravened section 151 in circumstances that make it likely the contravention will continue or be repeated;

(b) briefly, how it is believed section 151 is being, or has been, contravened;

(c) the period within which the operator must remedy the contravention or have the contravention remedied;

(d) the serious risk of harm caused by the contravention or likely contravention;

(e) that it is an offence to fail to comply with the notice, unless the operator has a reasonable excuse.

(4) The directions notice may also state the reasonable steps the chief executive considers necessary to remedy the contravention, or avoid further contravention, of section 151.

(5) The directions notice takes effect when it is given to the operator of the health care facility.

156F Chief executive may extend directions notice

(1) This section applies if, before the end of the period stated under section 156E (2) for a directions notice, the chief executive still believes the matters mentioned in section 156E (1) for the directions notice.

(2) The chief executive may, by notice given to the operator, extend the period during which the operator must not provide the stated declared health service by not more than 30 days.

156G Court order may extend directions notice

(1) This section applies if the chief executive has given a directions notice to the operator of a health care facility.

(2) The chief executive may apply to a magistrate for an order to extend the period during which the operator must not provide the stated declared health service.

(3) The application must be made before the end of—

(a) the period stated under section 156E (2) for the directions notice; or

(b) if the period is extended under section 156F (2)—the extended period.

(4) If the magistrate has not decided the application before the end of the period in which the application must be made, the directions notice continues in effect until the magistrate decides the application.

(5) The magistrate may refuse to consider the application until the chief executive gives the magistrate all the information the magistrate requires to make the order.

(6) The magistrate may make an order to extend the period mentioned in subsection (2) for a further stated period if the magistrate is satisfied—

(a) the operator—

(i) is contravening section 151; or

(ii) has contravened section 151 in circumstances that make it likely the contravention will continue or be repeated; and

(b) there is a serious risk of harm to a person’s health because of the contravention or likely contravention.

156H Offence to fail to comply with a directions notice The operator of a health care facility must comply with a directions notice given to the operator, unless the operator has a reasonable excuse. Maximum penalty—3000 penalty units.

156I Record of compliance with directions notice

(1) If the operator of a health care facility who is given a directions notice under this part reasonably believes the operator has complied with the notice, the operator may inform the chief executive of the belief.

(2) If the chief executive is satisfied the operator has complied with the directions notice, the chief executive must—

(a) record the date of the compliance on a copy of the notice; and

(b) if asked, give a copy of the dated notice to the operator.

(3) The directions notice stops having effect on the date of compliance.