Responsible person and person in charge
This information outlines the responsibilities and corresponding penalties for failure to comply with requirements related to the ‘responsible person’ and ‘person in charge’, referred to under Chapter 2A of the Public Health Act 2005 (the Act).
Responsible person
The table below describes the types of prescribed-facility and the corresponding ‘responsible person’ for each facility.
Prescribed facility | Responsible person |
|---|---|
Public sector hospital | Hospital and Health Service chief executive for the public sector hospital |
Private health care facility licensed under the Private Health Facilities Act 1999 | Licensee for the private health care facility |
Hospital and Health Service chief executive for the State aged care facility | |
Residential aged care facility*, other than a State aged care facility | Approved provider that provides residential care at the residential aged care facility* |
*Note that private residential aged care facilities are not yet regulated under these provisions.
Responsibilities and penalties for the ‘responsible person’
The responsible person must
| Failure to comply (penalty unit = $154.80) |
|---|---|
Ensure the facility has a water risk management plan (WRMP) that complies with the content requirements set out under section 61D of the Act (refer section 61C of the Act). | 500 penalty units ($77,400) |
Ensure the facility operates in a way that complies with its WRMP (refer section 61G of the Act). | 500 penalty units ($77,400) |
Comply with a notice from the chief executive of the Department of Health requiring him/her to amend their WRMP (refer section 61E of the Act). | 500 penalty units ($77,400) |
Comply with a notice from the chief executive of the Department of Health requiring him/her to provide a copy of their WRMP (refer section 61F of the Act). | 200 penalty units ($30,960) |
Ensure each person who has an obligation to comply with the WRMP does actually comply with the WRMP (refer section 61G of the Act). | 200 penalty units ($30,960) |
Person in charge
It is a requirement under section 61D of the Act that the ‘person in charge’ of a facility be identified, by position title, in the WRMP.
The ‘person in charge’ is the person who has supervisory responsibility for the day-to-day operation and control of the healthcare or residential aged care facility.
The ‘person in charge’ must comply with sections 61H and 61I of the Act (see table below). Significant penalty units are associated with the failure to comply with the responsibilities outlined in these sections of the Act.
Responsibilities and penalties for the ‘person in charge’
The person in charge must | Failure to comply (penalty unit = $154.80) |
|---|---|
Give notice of a confirmed Legionella detection to the chief executive of the Department of Health within in 1 business day (refer section 61H of the Act). | Intentional non-compliance: 1000 penalty units ($154,800) Non-compliance otherwise: 200 penalty units ($30,960) |
Submit quarterly reports to the chief executive of the Department of Health within in 30 business days of the end of the reporting period (refer section 61I of the Act). | False or misleading reports: 1000 penalty units ($154,800) Failure to report: 200 penalty units ($30,960) |
Resources
- Chapter 2A, Public Health Act 2005.