The Public Health Act 2010 and the Public Health Regulation 2012 commenced on 1 September 2012.

To support implementation of the Act and Regulation, the NSW Ministry of Health has developed a range of forms and templates for regulators in local councils and Public Health Units and, where appropriate, industry stakeholders.

Reporting

Local Government Authorities are required to report the details of ‘Improvement Notices’ and ‘Prohibition Orders’ served under the Public Health Act 2010 ( on or before 1 August each year). The Guiding Principle supporting the reporting requirements, and the Report Template can be found at Local Government Authority Reporting.

Notification forms

Control of skin penetration procedures

Notification of premises where skin penetration procedures are carried out has been developed by the NSW Ministry of Health to support operators who carry out skin penetration procedures to provide notification of their business to the local council, in accordance with the requirements of the Public Health Act 2010 and the Public Health Regulation 2012.

Control of public swimming pools

Notification of premises where a public swimming pool and/or spa pool is installed has been developed by the NSW Ministry of Health to support occupiers of premises where a public swimming pool and/or spa pool is installed to provide notification of their business to the local council, in accordance with the requirements of the Public Health Act 2010 and the Public Health Regulation 2012.

Legionella control

Notification of premises where a water cooling system or warm water system is installed has been developed by the NSW Ministry of Health to support occupiers of premises where water cooling and warm water systems are installed to provide notification of their business to the local council, in accordance with the requirements of the Public Health Act 2010 and the Public Health Regulation 2012.

Disposal of bodies

Notification of premises where a mortuary or crematoria is operating has been developed by the NSW Ministry of Health to support occupiers of premises where a mortuary or crematoria is operating to provide notification of their business to the Local Health District Public Health Unit, in accordance with the requirements of the Public Health Act 2010 and the Public Health Regulation 2012.

Audit tools

Control of skin penetration procedures

The Skin Penetration Inspection Checklist has been developed by the NSW Ministry of Health to support regulators in local councils and Public Health Units to carry out inspections of premises where skin penetration procedures are carried out.

Industry stakeholders may also wish to use these tools to ensure they are meeting their obligations under the Public Health Act 2010 and the Public Health Regulation 2012.

Control of public swimming pools

The Swimming Pool and Spa Pool Inspection Report has been developed by the NSW Ministry of Health to support regulators in local councils and Public Health Units to carry out inspections regarding swimming pools and spa pools.

Industry stakeholders may also wish to use these tools to ensure they are meeting their obligations under the Public Health Act 2010 and the Public Health Regulation 2012.

Legionella control

These audit tools have been developed by the NSW Ministry of Health to support regulators in local councils and Public Health Units to carry out inspections regarding installation and maintenance of water cooling and warm water systems.

Industry stakeholders may also wish to use these tools to ensure they are meeting their obligations under the Public Health Act 2010 and the Public Health Regulation 2012.

Disposal of bodies

The Mortuary Inspection Checklist has been developed by the NSW Ministry of Health to support regulators in local councils and Public Health Units to carry out inspections regarding mortuaries.

Industry stakeholders may also wish to use these tools to ensure they are meeting their obligations under the Public Health Act 2010 and the Public Health Regulation 2012.

Improvement Notice templates

Control of skin penetration procedures

The Improvement Notice for premises at which skin penetration procedures are carried out template has been developed by the NSW Ministry of Health to support Authorised Officers to serve an improvement notice, pursuant to sections 41 and 42 of the Public Health Act 2010, if the officer believes, on reasonable grounds, that the premises at which skin penetration procedures are carried out do not comply with an enforceable requirement.

An improvement notice requires an occupier at a premises at which skin penetration procedures are carried out to comply with the specified enforceable requirement. Local regulators will need to update/modify this template with their own information as required.

Control of public swimming pools

The Improvement Notice - Public swimming pools or spa pools template has been developed by the NSW Ministry of Health to support Authorised Officers to serve an improvement notice, pursuant to sections 41 and 42 of the Public Health Act 2010, if the officer believes, on reasonable grounds, that a public swimming pool or spa pool at the premises does not comply with a prescribed operating requirement.

An improvement notice requires an occupier at a premises at which a public swimming pool or spa pool is situated to comply with the specified enforceable requirement. Local regulators will need to update/modify this template with their own information as required.

Legionella control

The Improvement Notice - Regulated systems template has been developed by the NSW Ministry of Health to support Authorised Officers to serve an improvement notice, pursuant to sections 41 and 42 of the Public Health Act 2010, if the officer believes, on reasonable grounds, that a regulated system does not comply with, or is not operated or maintained in accordance with, an enforceable requirement.

An improvement notice requires an occupier at a premises at which a regulated system in installed/operated/maintained to comply with the specified enforceable requirement. Local regulators will need to update/modify this template with their own information as required.

Prohibition order templates

Control of skin penetration procedures

A Prohibition Order - Premises at which skin penetration procedures are carried out template has been developed by the NSW Ministry of Health.

A prohibition order in relation ro a skin penetration procedure orders, pursuant to section 45 of the Public Health Act 2010, the cessation of the carrying out of skin penetration procedures at particular premises until a Certificate of Clearance is issued. A prohibition order can only be issued if the Director General/local government authority/General Manager of a local council believes on reasonable grounds that:

  1. that any of the circumstances in which an improvement notice may be issued exist and that:
    1. the occupier has not complied with an improvement notice within the time required under the notice, and
    2. the issue of the prohibition order is necessary to prevent or mitigate a serious risk to public health, or
  2. that any of the circumstances in which an improvement notice may be issued exist and that the issue of the prohibition order (without first issuing an improvement notice) is urgently necessary to prevent or mitigate a serious risk to public health.

Local regulators will need to update/modify this template with their own information as required.

Control of public swimming pools

A Prohibition Order - Public swimming pools or spa pools template has been developed by the NSW Ministry of Health.

A prohibition order in relation to a public swimming pool or spa pool orders, pursuant to section 45 of the Public Health Act 2010, the immediate shut down and cessation of operation of particular premises at which a public swimming pool or spa pools is located until a Certificate of Clearance is issued. A prohibition order can only be issued if the Director General/local government authority/General Manager of a local council believes on reasonable grounds that:

  1. that any of the circumstances in which an improvement notice may be issued exist and that:
    1. the occupier has not complied with an improvement notice within the time required under the notice, and
    2. the issue of the prohibition order is necessary to prevent or mitigate a serious risk to public health, or
  2. that any of the circumstances in which an improvement notice may be issued exist and that the issue of the prohibition order (without first issuing an improvement notice) is urgently necessary to prevent or mitigate a serious risk to public health.

Local regulators will need to update/modify this template with their own information as required.

Legionella control

A Prohibition Order – Regulated systems template has been developed by the NSW Ministry of Health.

A prohibition order in relation to a regulated system orders, pursuant to section 45 of the Public Health Act 2010, the immediate shut down and cessation of operation of particular premises at which a regulated system is installed until a Certificate of Clearance is issued. A prohibition order can only be issued if the Director General/local government authority/General Manager of a local council believes on reasonable grounds that:

  1. that any of the circumstances in which an improvement notice may be issued exist and that:
    1. the occupier has not complied with an improvement notice within the time required under the notice, and
    2. the issue of the prohibition order is necessary to prevent or mitigate a serious risk to public health, or
  2. that any of the circumstances in which an improvement notice may be issued exist and that the issue of the prohibition order (without first issuing an improvement notice) is urgently necessary to prevent or mitigate a serious risk to public health.

Local regulators will need to update/modify this template with their own information as required.

Certificates of clearance templates

Control of skin penetration procedures

If a prohibition order has been issued with respect to premises at which skin penetration procedures are carried out, skin penetration procedures can only be undertaken at the premises after the issuing of a Certificate of Clearance by the Director General/local government authority/General Manager of a local council. A Certificate of Clearance means that an Authorised Officer has inspected the premises and is satisfied that there is no serious danger to public health.

A Certificate of Clearance – Skin penetration procedures template has been developed by the NSW Ministry of Health. Local regulators will need to update/modify this template with their own information as required.

Control of public swimming pools

If a prohibition order has been issued with respect to premises in which a public swimming pool or spa pool is situated, the pool can only be opened for use by the public after the issuing of a Certificate of Clearance by the Director General/local government authority/General Manager of a local council. A Certificate of Clearance means that an Authorised Officer has inspected the premises and is satisfied that there is no serious danger to public health.

A Certificate of Clearance – Public swimming pools and spa pools template has been developed by the NSW Ministry of Health. Local regulators will need to update/modify this template with their own information as required.

Legionella control

If a prohibition order has been issued with respect to premises at which a regulated system is installed, operated or maintained, the regulated system can only be operated at the premises after the issuing of a Certificate of Clearance by the Director General/local government authority/General Manager of a local council. A Certificate of Clearance means that an Authorised Officer has inspected the premises and is satisfied that there is no serious danger to public health.

A Certificate of Clearance – Regulated systems template has been developed by the NSW Ministry of Health. Local regulators will need to update/modify this template with their own information as required.​

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Page Updated: Wednesday 27 February 2013