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Legislative Assembly for the ACT: 1997 Week 5 Hansard (15 May) . . Page.. 1448 ..

MRS CARNELL (continuing):

In order to more clearly establish the range of provisions required in updated public health legislation, a discussion paper entitled "The Reform of Public Health Legislation in the ACT" was circulated to individuals and professional and community groups in December 1994. A period of four months was allowed for comment. The discussion paper described the limitations of the existing public health legislation and outlined proposals for a new Public Health Act.

The Ottawa Charter for Health Promotion, produced by the World Health Organisation in 1986, advocates better control over health risks, especially those outside the individual's immediate control, so as to allow individuals in society to achieve their greatest potential. The principles which underpin the Ottawa Charter form the basis for the principles of the Public Health Bill. These are:

a. to protect the public from risks associated with facilities, equipment, services, products, activities and agents not adequately controlled by other specific legislation;

b. to monitor disease patterns in order to provide the public with information about health risks and design appropriate prevention and control policies and programs; and

c. to provide for a rapid response to public health risks while ensuring that there is not undue infringement on individual liberty and privacy.

The major provisions in this Bill have been canvassed during the extensive consultation that occurred following the release of the discussion paper entitled "The Reform of Public Health Legislation in the ACT" in December 1994. Mr Speaker, I would like to highlight some of the major features of the Bill. The Bill requires that a biennial report be provided to government about the public health indicators in the ACT with respect to the following issues: Trends and indicators in health status; potential public health risks; mortality and morbidity; notifiable conditions; and any other relevant matters.

The Bill provides for a more extensive use of codes of practice, instead of Acts or regulations, to establish minimal operating standards so as to minimise the impost on business without endangering public health. Such codes of practice would be disallowable instruments. The Bill provides for an expansion of the range of public health diseases that may be notified through the use of a single list of notifiable conditions. This would allow for all conditions of public health importance, such as lead poisoning, to be notifiable. The Bill places more stringent controls on the powers of the Chief Health Officer as well as authorised officers. The Bill requires that any actions taken to control a public health hazard should be the least restrictive and should be relevant to the degree of public health risk, rather than the potentially unlimited powers that currently exist in relation to some public health hazards.

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