5. Proposals for Reform: What Would a Climate Conscious Public Health Act Look Like?

Law is a key determinant of health, providing the framework for securing and improving public health.^[1] Although Australian public health Acts contain provisions for emergencies, and the International Health Regulations address public health emergencies of international concern, the more gradual health impacts of climate change may not come within the scope of these laws.^[2] This means that new legislative provisions — or even new legislation — may be required.

As is clear from the above, some Australian public health laws do contain some provisions that are relevant to climate change. However, not all states and territories have these provisions and where they do exist, they vary between jurisdictions. Inclusion of climate change within the objects of the Act can articulate the importance of this issue. Some Acts, such as the South Australian Public Health Act 2011 (SA) also set out principles, such as sustainability, that can assist with interpretation of the legislation. Given the role of public health officials in administering public health within the jurisdiction, the inclusion of relevant provisions can enable public health officials to act in response to emerging health threats, although we note that legislation should also provide for assessment of risks and protection of human rights if restrictive measures are required. Finally, climate change is an emerging challenge and its public health consequences may change over time. Any legislation will need to be flexible and responsive to new and emerging public health needs.