Page 2440 - Week 08 - Tuesday, 9 August 2016
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removed a large amount of rotting food waste from a single property, which was adversely affecting the quality of life of neighbouring residents. In acknowledging that residential insanitary conditions present both serious public health and community issues, this bill will lessen the potential serious health risks of recurring insanitary conditions caused by hoarding-like behaviours and domestic squalor through an improved public health response.
Where a person fails to address an insanitary condition, authorised public health officers can issue the responsible person with an abatement notice which directs a person to remedy the condition through measures such as cleaning the property or removing or relocating excess waste. In extreme circumstances where there is a public health risk not remedied by the property owner, the Chief Health Officer may seek an abatement order from the ACT Magistrates Court to guarantee compliance with an abatement notice.
The current process of seeking and implementing an order is a lengthy process which consequently means that an insanitary condition might continue for several months after a complaint, without intervention. This lengthy process is considered to leave occupants, neighbouring residents and the broader community exposed to a prolonged public health risk, in addition to diminished urban amenity and community sentiment.
The bill improves administrative mechanisms for the submission and implementation of an abatement order as granted by the ACT Magistrates Court. The bill will enable the Chief Health Officer to apply to the ACT Magistrates Court to consider the issue of a subsequent abatement order to remedy an insanitary condition if it re-emerges as a serious public health risk within 12 months after an order is issued. In deciding whether or not to issue an abatement order, the ACT Magistrates Court has independent consideration to the alleged insanitary condition, actions taken by the property owner and any government interventions. The Chief Health Officer will also independently review any decision to apply for an abatement order from the ACTÂ Magistrates Court in consultation with relevant government and non-government agencies.
This bill will improve regulatory transparency in the public health management of instances concerning hoarding and domestic squalor through the determination of a code of practice. In line with best-practice principles, any such code of practice will ensure that the Chief Health Officer, in undertaking any public health intervention relating to insanitary conditions resulting from hoarding-like behaviours or domestic squalor, must consider human rights and social implications resulting from such a decision.
The code of practice will ensure that abatement orders will continue to be used only as a measure of last resort and when in the public interest. It will also include an internal review process whereby a complainant may request an ACT Health review of the decision to issue an abatement notice or abatement order. In response to Ms Lawder’s commentary, it will certainly include members of both government and non-government organisations including the Canberra living network, which has been involved in the discussions around this issue for some time and certainly will continue to be.
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