Australian Capital Territory
Explanatory Statement
Public Health (Chief Health Officer) Appointment 2014 (No 1) 
Disallowable Instrument DI2014-141
made under the
Public Health Act 1997, section 7 (Chief Health Officer)

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.

This Instrument allows for the appointment of Dr Paul Kelly as the ACT Chief Health Officer.  Dr Kelly is a public servant and a doctor, as is required by section 7(2).  Pursuant to section 7(3) 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.  This instrument also repeals DI2011‑112, which was the previous Chief Health Officer appointment.  The appointment under DI2011‑112 was effective from 3 June 2011 through to 30 June 2014.

This instrument commences on the day after notification and concludes on 30 June 2019.

As Dr Kelly is a public servant, section 227 of the Legislation Act 2001 provides that consultation with the Standing Committee on Health, Ageing, Community and Social Services was not required.