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

To support implementation of the Act and Regulation, a range of materials are available for both industry stakeholders and regulators in local councils and Public Health Units.

Public Health Amendment (Review) Bill 2017

The Bill amends the Public Health Act 2010 following a statutory review of that Act and public health developments since that review. The Bill addresses a range of public health matters, such as notification of diseases and conditions to the health secretary and the regulation of areas that have the potential to affect public health, such as drinking water, cooling water systems, skin penetration and public swimming pools.

Information sheets

Requirements for suppliers of drinking water, including water carters

The Public Health Act 2010 and the Public Health Regulation 2012 require drinking water suppliers to:

  • have a quality assurance program (QAP) that complies with the Regulation
  • comply with (i.e. implement) its QAP
  • provide a copy of the QAP to the local Public Health Unit
  • keep records relating to managing the safety of its drinking water supply

Supporting information is available on the Drinking water suppliers webpage.

Control of skin penetration procedures

The skin penetration requirements of the Public Health Act 2010 and the Public Health Regulation 2012 apply to all operators who carry out such procedures, which include tattooists, beauticians and nail technicians, unregistered acupuncture and dry needling practitioners and colonic lavage practitioners.

Control of skin penetration procedures fact sheet.

Control of public swimming pools and spa pools

The requirements of the Public Health Act 2010 and Public Health Regulation 2012 in relation to public swimming pools and spa pools relate to the occupier of the premises at which a public swimming pool or spa pool is located. This includes gyms/health clubs, hotels/motels/accommodation providers, schools, hospitals, work places, brothels, back yard learn to swim pools and recreational aquatic structures, such as interactive water features or fountains, or water play parks.

Control of public swimming pools fact sheet.

Legionella control

The requirements of the Public Health Act 2010 and Public Health Regulation 2012 in relation to regulated systems apply to the occupier of premises where the regulated system is installed and/or a contractor, known as a duly qualified person, who is engaged to install, operate or maintain the regulated system. This includes cooling water system operators and service personnel.

In 2018, NSW Health strengthened the Regulation to require a performance based (or risk management) approach to managing cooling water systems. This approach allows each system to be managed according to its risk of Legionella contamination. Refer to factsheets for each stakeholder on the requirements for managing cooling water systems.

Disease notification by doctors and hospitals, laboratories, schools and child care centres

The Public Health Act 2010 requires doctors, hospital chief executive officers, and pathology laboratories to notify patients with certain medical conditions to the Secretary of the Ministry of Health. Some infectious diseases also need to be reported by Primary School Principals and Child Care Centre Directors.

For more information see Disease notification.

Disposal of bodies

The requirements of the Public Health Regulation 2012 in relation to the disposal of bodies apply to any person who may handle or dispose of human bodies, which includes funeral directors, cemeteries and crematories, and hospital morgues.

This information sheet is available in:

Fees and penalties

Under the Public Health Act 2010 and the Public Health Regulation 2012, a range of fees and penalties are applicable. Refer to the Regulation for current fees and penalties.

Notification requirements for industry stakeholders

Notification requirements of the Public Health Act 2010 and the Public Health Regulation 2012 apply to occupiers of premises:

  • at which a cooling water system or warm water system is installed
  • at which a public swimming pool or spa pool is situated
  • where skin penetration procedures are carried out
  • where a mortuary or crematory is operated

This information sheet is available in:

Current as at: Monday 8 February 2021
Contact page owner: Environmental Health