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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

State aged 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 points for the ‘responsible person’

The responsible person must

Failure to comply

(penalty unit = $130.55)#

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). 

  1. penalty units ($65,275)

Ensure the facility operates in a way that complies with its WRMP (refer section 61G of the Act).

  1. penalty units ($65,275)

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).

  1. penalty units ($65,275)

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).

  1. penalty units ($26,110)

Ensure each person who has an obligation to comply with the WRMP does actually comply with the WRMP (refer section 61G of the Act).

  1. penalty units ($26,110)

*Penalty unit value at 1 July 2018.

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 points for the ‘person in charge’

The person in charge must

Failure to comply

(penalty point = $130.55)

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:

  1. penalty units ($130,550)

Non-compliance otherwise:

  1. penalty units ($26,110)

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:

  1. penalty points ($130,550)

Failure to report: 200 penalty units ($26,110)

*Penalty unit value at 1 July 2018.

Resources

  • Chapter 2A, Public Health Act 2005.
Last updated: 9 November 2018