Legionella in Australia, like many other areas has different State and Federal governing Legislation, regulations, Codes of Practices and Guidelines in additional to the Australia Standards.  Each of these apply to certain industries and varies from Nationally and State to State. Here are the Legionella requirements what you need to know for Australia (Part 1 – Nationally, QLD, NSW, VIC):

NATIONALLY

Health and Aged Care

‘Guidelines for Legionella Control in the operations and maintenance of water distribution systems in health and aged care facilities’ – as the title suggests are applicable guidelines for Health and Aged Care Facilities.  These guidelines are only applicable to water distribution systems (your plumbing and pipes) not Cooling Towers.

These guidelines released by Enhealth and form best practice to managing the risk of Legionella within your facility.

Does it apply to me?

As guidelines they are only guidelines, but they are highly recommended in following.  If your organisation has a management system in place to identify and ensure compliance with all relevant legislation, regulatory requirements, professional standards and guidelines, about physical environment and safe systems.

YES – Then you should be implementing a risk management plan for Legionella within your facilty.

QUEENSLAND

Health and Aged Care

Queensland has had a number of governing Legislation, regulations, Codes of Practices and Guidelines previously. Here is the current governance:

‘Public Health Act 2005 and Public Health Regulations 2018’ – They mandate a requirement for all Hospitals, Day Hospitals and Aged Care facilities in Queensland (QLD) to have a Water Risk Management Plan.  The term Water Risk Management Plan is a term designated by QLD Health for a Legionella Risk Management Plan.  It is mainly for the management of water for the risk of Legionella, but it is considered to be used to manage other water borne diseases.

Does it apply to me?

This is Law and Legislation that has two-thirds been enacted in QLD.

If you are a Hospital, Day Hospital or a State run Aged Care facility – YES you must have a Water Risk Management Plan in place.

If you are a Private Residential Aged Care facility under the definition of Aged Care Act 1997 (Cwlth), section 41–3 – NOT YET the legislation will come into effect by proclamation.

Cooling Towers

‘Guide to Legionella control in cooling water systems, including cooling towers’ – They are guidelines to managing the risk of Cooling Towers in QLD.

Does it apply to me?

Service contractors, designers or owners of cooling water systems SHOULD use these guidelines to manage risks associated with Legionella.

 

Mining and Quarrying

‘Mining and Quarrying Safety and Health Act 1999 and Mining and Quarrying Safety and Health Regulations 2017’ – Legionnaires’ Disease is now a notifiable disease for the Mining and Quarrying industry.

Does it apply to me?

It is highly recommended that you have a documented system to manage the risk of Legionella and exposure of workers onsite.

NEW SOUTH WALES

New South Wales (NSW) has recently in the last year introduced new legislation for Cooling Towers. Let’s have a look what is applicable in NSW:

Health and Aged Care

‘Guidelines for Legionella Control in the operations and maintenance of water distribution systems in health and aged care facilities’ – NSW has adopted the national Enhealth guidelines (Guidelines for Legionella Control in the operations and maintenance of water distribution systems in health and aged care facilities).

Does it apply to me?

As guidelines they are only guidelines, but they are highly recommended in following.  If your organisation has a management system in place to identify and ensure compliance with all relevant legislation, regulatory requirements, professional standards and guidelines, about physical environment and safe systems.

This is a very recent update, if you had previously been operating on an older Code of Practice, your systems and practices may need reviewing.

Cooling Towers

‘Public Health Act 2010, Public Health Regulations 2012 and NSW Guidelines for Legionella Control in Cooling Water Systems’ – These all relate to the governance of a Cooling Tower in NSW.

Does it apply to me?

YES – Under the Public Health Act and Regulations there are now requirements that are specific to the management of Cooling Towers in NSW. These mainly being the requirement for Cooling Towers to be registered, to have a Risk Management Plan (RMP) and the RMP to be independently audited.  The guidelines Service contractors, designers or owners of cooling water systems SHOULD use these guidelines to manage risks associated with Legionella.

VICTORIA

Victoria (VIC) has had new Public Health and Wellbeing Regulations come into effect from 14 December 2019.

Health and Aged Care and other Prescribed facilities

‘Public Health and Wellbeing Act 2008 and Public Health and Wellbeing Regulations 2019’ – Under the Regulations A responsible person who owns, manages or controls a water delivery system located at Residential Aged Care, or where health services are provided (but does not include health services provided at a day procedure centre), or a prison, or where inpatient forensic mental health services are provided by the Victorian Institute of Forensic Mental Health or a where commercial vehicle washes are operated.

Does it apply to me?

YES – A responsible person MUST take all reasonable steps to manage the risks of Legionella in any water delivery system located at premises.

Cooling Towers

‘Public Health and Wellbeing Act 2008 and Public Health and Wellbeing Regulations 2019’ – These all relate to the governance of a Cooling Tower in VIC.

Does it apply to me?

YES – Under the Public Health Act and Regulations these requirements have been around for many years and are specific to the management of Cooling Towers in VIC. These mainly being the requirement for Cooling Towers to be registered, to have a Risk Management Plan (RMP) and the RMP to be independently audited.

 

This article ‘Legionella requirements what you need to know for Australia’ (Nationally, QLD, NSW, VIC) is Part 1 of 2 and has focused on the requirements Nationally, QLD, NSW and VIC Part 2 of ‘Legionella requirements what you need to know for Australia’ will focus on SA, WA, NT, TAS and ACT.

You may find other articles of interest on ‘How many Legionella samples you should take’ here or ‘Common Misconceptions about Legionella’ here.