Statutory review: Public Health Act 2010 (NSW)

A discussion paper is available online, with an invitation for comment by 3 June 2016, regarding the required 5 yearly review of the Public Health Act 2010 (NSW).

The discussion paper raises a number of possible changes, including:

  • Notifications of vaccine preventable diseases;
  • Scheduled medical conditions which require practitioners to notify the Health Secretary;
  • In particular, whether the de-identification of HIV and AIDS notifications is now  anachronistic;
  • Deletion of the existing law such that it is an an offence for a person with a sexually transmitted infection to have sex with another person unless the person informs their partner of the risk of transmission of the infection prior to sexual intercourse and the partner voluntarily accepts the risk – subject to the defence of reasonable precautions are taken to prevent transmission of the infection;
  • Extension of quarantine / detention provisions;
  • Extension of existing provisions relating to vaccine preventable diseases, to high schools;
  • Removal of the conscientious objector exemption to enrolment in a childcare facility from the Act, such that children who are not vaccinated due to their parents’ conscientious objection cannot enrol in child care.

With thanks to Mr Timothy Bowen of MIGA for noting this item.


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