Australian Capital Territory
Explanatory Statement
Public Health (Chief Health Officer) Appointment 2011 (No 2) 
Disallowable Instrument DI2011-112
made under the
Public Health Act 1997, section 7 (Statutory Offices)

Section 7 of the Public Health Act 1997 (the Act) provides that the Minister for Health shall by instrument appoint a person to the position of Chief Health Officer.  The Act also requires that the person so appointed must be a public servant and a doctor.

The Instrument allows for the appointment of Dr Paul Kelly as the ACT Chief Health Officer.  Dr Kelly is a public servant and a doctor.  Pursuant to section 7 of the Act, this instrument of appointment is a disallowable instrument.

The appointment confers on Dr Kelly the statutory powers under the Public Health Act 1997 as set out in section 9 of the Act.  The instrument also repeals DI2011‑82 and DI2011‑83.  Following notification on the ACT Legislation Register DI2011‑82 and DI2011‑83 were found to be invalid.  

This instrument commences on the day after notification and concludes on 30 June 2014.

As Dr Kelly is a public servant, consultation with the Standing Committee on Health, Community and Social Services was not required.