South Australian Public Health Bill
10/02/2011
The Hon. K.L. VINCENT (17:27): I rise to indicate my support for the South Australian Public Health Bill. I was told by Mr Daniel Broderick, who provided a succinct briefing to me on behalf of the government (for which I thank him very much) that this bill, if passed into law, would become a toolbox of sorts that contains the tools that can be applied to any public health issue.
This toolbox replaces the Public Health and Environmental Health Act, which is quite prescriptive as to the specific types of public health issues regulated. Let’s face it, when we are looking at an issue as important as the health and wellbeing of individuals and communities, our authorities should not be fettered or use outdated prescriptive legislation but should be allowed some scope in determining what constitutes a public health incident.
As individuals and members of the community, we have a right to be protected from public health risks, and the bill recognises this and provides a workable framework to protect us all. However, those people who may constitute a public health risk also have rights, such as the right to privacy, the right to appropriate care, the right to have his or her dignity respected, and the right to have a say in their treatment. These people should have restrictions placed on their liberty only as a last resort; again, this bill recognises those principles.
I note that Mr Wade has tabled amendments that allow for appeal rights additional to those already offered under section 96, and I will be supporting this amendment. It does provide for a 24 hour buffer zone, but people should have the right to appeal orders made by authorities.
The Hon. S.G. Wade: Hear, hear!
The Hon. K.L. VINCENT: I agree with myself also—somebody has to!
I take on board the comments by Ms Franks and advise that I will be supporting the amendments tabled by the Greens also. I will also be supporting the amendments tabled by the Hon. Ms Lensink, as it makes sense to review the operations of such a major act of parliament.
Of course, local government has a lot invested in this act, as local councils work in partnership with the state government to protect public health. I note that the LGA supports this bill and I have taken that into account when deciding to support the bill, although I must admit that I am at odds with the LGA as to the proposed amendments from Mr Wade.
