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Councils play a range of roles in the legal context of
community wellbeing and health
(a) Council directly administers a range of statutory
legislation (Acts) on behalf of the community, under
delegation ( the key Acts are discussed below )
(b) Councils have a wide range of specific roles
and responsibilities under several pieces of State
legislation ; and
(c) Council must comply with a wide range of State
and Commonwealth legislation and civil law standards,
as any person or entity is required to do.
South Australian Public Health Act 2011
The South Australian Public Health Act 2011 sets out the legal
framework for the management of a wide range of public
health issues, including the control of communicable disease.
The duty of local Councils in the provision of general
environmental health surveillance functions is outlined in the
Act. Councils are designated as the Public Health Authorities
for their area. There is a clear role for Local Government in
identifying and managing emerging public health issues, and
developing coordinated strategic activities.There is also a
requirement for systematic information gathering and reporting
under the Public Health Act’s schedules.
The specific regulatory elements of the SA Public Health
Act 2011 will be administered in large part by Council’s
Community and Environmental Health Section (Community
Development Directorate), under delegation from the State
Government. Many of the regulations from the previous Public
and Environmental Health Act 1987 have been transferred to
the new Act. For example, guidelines for the ongoing inspection
and regulation of public swimming pools and cooling towers in
order to control water-borne diseases. Other regulations (or
Public Health Policies) have been produced in relation to the
permitting of septic waste systems , skin penetration businesses
(including tatooists), and where ‘squalor’ conditions may occur
in homes.
The SA Public Health Act 2011 requires a professional
risk management approach to identifying, preventing, and
investigating public health incidents, and includes a “General
Duty” requirement – similar to the Environment Protection
Act 1993.The new Act gives greater powers to Council’s
Environmental Health Officers (EHOs) to respond to risks and
educate and enforce where appropriate, which in turn places
greater responsibility on EHOs to ensure public health risks are
identified and responded to – beyond the prescribed limited
issues outlined in the previous legislation.
Other closely aligned legislation administered by Council to
ensure proper standards of environmental health and wellbeing
are met include the Food Act 2001, the Local Government Act
1999 and By-laws, the Development Act 1993, the Supported
Residential Facilities Act 1992, the Dog and Cat Management
Act 1995, the Environment Protection Act 1993, the Fire and
Emergency Services Act 2005, the Housing Improvement Act
1940 and the State and national Building Codes. The majority
of Council’s regulatory functions relating to public health and
wellbeing are undertaken under delegation by Environmental
Health Officers, General Inspectors, and Building and
Development Assessment Officers.
Councils are required by legislation to provide certain
health-related services or functions within their Council areas,
for example, emergency management (in collaboration with
State Govt agencies), immunisation services , and the provision
of a weekly waste collection service to domestic premises.
Councils are also bound to undertake particular functions due
to entering into formal agreements (individually or via the Local
Government Association) with other levels of government.
Sometimes these agreements include funding support from the
other parties, to enable Council to provide those services.
Council is also required to comply (as any citizen does) with
a wide range of statutory legislation, Australian Standards,
Codes of Practice, and related regulatory frameworks –
including occupational health and safety, provision of safe
public infrastructure in accordance with Australian Standards,
mandatory reporting in relation to child abuse, and the
management of environmental or health risks that may result
from Council’s own works programs.
3.0 LEGISLATIVE CONTEXT