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SOUTH AUSTRALIAN PUBLIC HEALTH ACT 2011

- SECTION 5

5 Principles to be recognised under Act

In the administration of this Act and in seeking to further the

objects of this Act, regard should be given to the principles set

out in the following sections (insofar as may be relevant in the

circumstances).

6 Precautionary principle

(1) If there is a perceived material risk to public health, lack

of full scientific certainty should not be used as a reason for

postponing measures to prevent, control or abate that risk.

(2) In the application of this principle, decision-making and

action should be proportionate to the degree of public health

risk and should be guided by—

(a) a careful evaluation of what steps need to be

taken to avoid, where practicable, serious harm to

public health; and

(b) an assessment of the risk-weighted consequences

of options; and

(c) an aim to ensure minimum disruption to an

individual’s activities, a community’s functioning and

commercial activity consistent with providing any

necessary protection from identified public

health risks.

7 Proportionate regulation principle

Regulatory measures should take into account and, to the

extent that is appropriate, minimise adverse impacts on

business and members of the community while ensuring

consistency with requirements to protect the community and

to promote public health.

8 Sustainability principle

Public health, social, economic and environmental factors

should be considered in decision-making with the objective of

maintaining and improving community well-being and taking

into account the interests of future generations.

9 Principle of prevention

Administrative decisions and actions should be taken after

considering (insofar as is relevant) the means by which public

health risks can be prevented and avoided.

10 Population focus principle

Administrative decisions and actions should focus on the

health of populations and the actions necessary to protect

and improve the health of the community and, in so doing, the

protection and promotion of the health of individuals should

be considered.

11 Participation principle

Individuals and communities should be encouraged to

take responsibility for their own health and, to that end, to

participate in decisions about how to protect and promote

their own health and the health of their communities.

12 Partnership principle

(1) The protection and promotion of public health requires

collaboration and, in many cases, joint action across various

sectors and levels of government and the community.

(2) People acting in the administration of this Act should

seek ways to develop and strengthen partnerships aimed at

achieving identified public health goals consistent with the

objects of this Act.

13 Equity principle

Decisions and actions should not, as far as is reasonably

practicable, unduly or unfairly disadvantage individuals or

communities and, as relevant, consideration should be given to

health disparities between population groups and to strategies

that can minimise or alleviate such disparities.

APPENDIX B