Climate Change and Public Health Law
Belinda Reeve and Belinda Bennett

Climate change has wide ranging impacts on health, some of which are direct, while others operate through complex causal mechanisms.[1] Climate change has current and anticipated impacts on unintentional injuries, infectious diseases, cardiovascular disease and mental health. It is anticipated to have devastating impacts on the conditions needed to ensure healthy lives, through water scarcity, ecosystem degradation and diminished agricultural capacity, along with increasing global hunger and food insecurity, as well as associated health risks, such as the development of non-communicable diseases (‘NCDs’).[2] The health impacts of climate change vary depending on the geographic region concerned, as well as mediating factors such as socio-economic status and ethnicity, with those in low-income groups, people with disabilities and older people being particularly vulnerable.[3]
The interactions between climate health and the social determinants of health (access to income, education, adequate housing and other resources necessary for good health) have the potential to widen inequalities in health status between the worst off and the best off in Australia.[4] Australia is also particularly vulnerable to climate change, and in response to growing evidence of its health impacts, leading public health bodies have declared climate change a health emergency and urged governments to accelerate their response to reducing greenhouse gas emissions.[5] In December 2023, the Australian Government released the National Health and Climate Strategy, which takes a whole-of-government approach to addressing the health impacts of climate change, as well as building resilience to climate change in the health system and mitigating the health system’s climate impacts.[6] The government’s actions on heat and heatwaves, air quality, communicable disease, food and nutrition, the built environment and physical activity are all core public health concerns, and are therefore relevant to public health law — the central focus of this chapter.
KEY QUESTIONS
- Identify at least two ways in which extreme weather events associated with climate change can impact human health.
- Identify at least two ways in which climate change can affect food security.
- What role can public health law play in mitigating the effects of climate change on human health?
Chapter Outline
2. Environmental Change and Human Health
3. Climate Change and Food Production
4. Legal Responses to the Health Impacts of Climate Change
A. Public Health Law in Australia
B. The Role of Public Health Law in Addressing the Health Impacts of Climate Change
i. The Objectives and Principles of Public Health Legislation
ii. State Public Health Infrastructure, Workforce and Planning
iii. The Role of Local Governments under Public Health Legislation
5. Proposals for Reform: What Would a Climate Conscious Public Health Act Look Like?
- Tarun S Weeramanthri et al, Climate Health WA Inquiry: Final Report (Department of Health, Government of Western Australia, November 2022); World Health Organization, COP24 Special Report: Health and Climate Change (Meeting Report, December 2018) <https://www.who.int/publications/i/item/9789241514972>. ↵
- Lindsay F Wiley, ‘Climate Change Adaptation and Public Health Law’ in Jonathan Verschuuren (ed), Research Handbook in Climate Change Adaptation Law (Edward Elgar Publishing, 2022). ↵
- Weeramanthri et al (n 1); World Health Organization (n 1); Sharon Friel, ‘Climate Change, Society, and Health Inequities’ (2022) 217(9) Medical Journal of Australia 466. ↵
- Friel (n 3). ↵
- Ying Zhang et al, ‘The 2020 Special Report of the MJA–Lancet Countdown on Health and Climate Change: Lessons Learnt from Australia’s “Black Summer”’ (2020) 213(11) Medical Journal of Australia 490. ↵
- Department of Health and Aged Care, National Health and Climate Strategy (Australian Government, 2023). ↵
Public health law aims to create the conditions for people to lead healthy, fulfilling lives. It encompasses the prevention of public health ‘nuisances’ or local/environmental risks to health, infectious disease control, and the prevention of non-communicable diseases, as well as establishing the public health institutions, powers, and functions of government. In addition to public health Acts, the field encompasses dedicated legislation on significant public health threats, such as tobacco control, and motor vehicle and consumer product safety.[1]
[1] Lawrence O Gostin and Lindsay F Wiley, Public Health Law: Power, Duty, Restraint (Oakland, CA: University of California Press, 3rd ed, 2016)