COVID quarantine fee - Sydney Local Health District CEO Teresa Andersen may be in breach of the NSW Health Services Act for discrimination in the provision of health services
by Ganesh Sahathevan
SLHD CEO Teresa Anderson AM has ultimate responsibility for signing
off SLHD's financial statements
Sydney Local Health District CEO Teresa Andersen may be in breach of the NSW Health Services Act for discrimination in the provision of health services. While the issue of who precisely authorised the imposition of quarantine fees on travellers returning via Sydney Airport during the COVID emergency remains in dispute, invoices for the fees have been issued in the name of the SLHD for which Andersen is responsible.
Quarantine was imposed on 29 March 2020 but fees were only imposed on travellers arriving on and after 18 July 2020. Liability for the quarantine fees is provided for under section 70 of the NSW Health Services Act 1997. The fees were gazetted on 17 July 2020.
Section 70 states:
Liability of persons for health service fees
70 Liability of persons for health service fees
(cf PH Act s 30(1)-(5))
(1) Any person who receives any health service (other than a non-chargeable hospital service) from a public health organisation is liable to contribute towards the funds of the organisation, according to the person's means, such sum in respect of the health service as is calculated in accordance with the scale of fees fixed under section 69.
There is nothing in Section 70 which permits the discriminatory imposition of fees on "any person who receives any health service" , except for the person's means.
Andersen needed to have imposed fees on all recipients of SLHD quarantine services, or none at all.
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