The
Public Health Act 2010 (the Act) and
Public Health Regulation 2022 (the Regulation) allow for fees to be charged in particular circumstances. Penalty notices may also be issued when certain requirements are not complied with. (Read more about
COVID-related offences.)
Fees
Under the Regulation, a fee may be charged in the following circumstances. (Note: reapplication or updates to notifications will not incur an additional fee).
- Section 7(3) - Application for approval of a warm water system installation in a hospital: $190
- Section 8(1)(b) - Notification of installation of warm water system: $120
- Section 20(1)(b) - Notification of installation of cooling water system: $120
- Section 30(1)(b) - Notification of public swimming pool or spa pool: $105
- Section 42(1)(b) - Notification of carrying out of skin penetration procedure: $105
- Section 95(2)(c) - Application for approval to exhume remains: $380
- Section 103(5)(b) - Application for exemption for cremation documentation: $105
- Section 111(3) - Notification for register of mortuaries: $105
- Section 125 -
- Improvement notice, or prohibition order given to occupier of premises at which there is a regulated system:
- on or after 1 July 2022 and before 1 July 2023: $605
- on or after 1 July 2023 and before 1 July 2024: $620
- on or after 1 July 2024 and before 1 July 2025: $635
- Improvement notice, or prohibition order in any other case:
- on or after 1 July 2022 and before 1 July 2023: $285
- on or after 1 July 2023 and before 1 July 2024: $290
- on or after 1 July 2024 and before 1 July 2025: $295
- Reinspection of premises subject to prohibition order - per hour: $255
Penalty notice offences
Under the Act and Regulation, penalty notices may be issued for the following offences.
Legionella control
| Section 30 Failure to comply with section 11(3)(b) of the Regulation - failure to document and report a risk assessment in accordance with section 13 of the Regulation | $220 | $440 |
| Section 31 Failure to notify cooling water or warm water systems | $220 | $440 |
| Section 47 Failure to comply with Prohibition Order | $1650 | $3300 |
| Section 10(1) Failure to display unique identification number | $220 | $440 |
| Section 19(1) Failure to have documents available for inspection by an authorised officer | $220 | $440 |
| Section 20(2) Failure to notify change of details for a cooling water system | $220 | $440 |
| Section 24 Failure to display a Prohibition Order | $220 | $440 |
Public swimming pools and spa pools
| Section 35(1) Failure to comply with section 3(1) of Schedule 1 of the Regulation – failure to fit a pool with an automated or continuous metered dosing system | $550 | $1100 |
| Section 35(2) Failure to notify a public swimming pool or spa pool | $220 | $440 |
| Section 37 Failure to display a Prohibition Order | $220 | $440 |
| Section 47 Failure to comply with a Prohibition Order | $1100 | $2200 |
| Section 28(4) Failure to display a temporary closure order | $220 | $440 |
Skin penetration
| Section 38(1) Contravention of section 34(1)(b) of the Regulation – failure to have a waste disposal bin | $110 | $220 |
| Section 38(1) Contravention of section 34(1)(c) of the Regulation - failure to have a hand wash basin with a supply of clean, warm, potable water | $550 | $1100 |
| Section 38(1) for an offence involving a contravention of section 36(1) of the Regulation - failure to have an appropriate sharps container | $550 | $1100 |
| Section 38(2) Failure to notify skin penetration procedures | $220 | $440 |
| Section 47 Failure to comply with a Prohibition Order | $1100 | $2200 |
| Section 44 Failure to display a Prohibition Order | $220 | $440 |
Further information
The following resources are also available to help affected stakeholders understand the requirements of the Public Health Act 2010 and Public Health Regulation 2022. Visit
Public health legislation for more information.
Fact sheets
Public Health Regulation 2022 – Key changes
Legislation