Chapter 1Introduction
1.1The Australian Centre for Disease Control Bill 2025 (the Australian CDC bill) and the Australian Centre for Disease Control (Consequential Amendments and Transitional Provisions) Bill 2025 (the Consequential Amendments and Transitional Provisions bill) (together, the bills), were introduced by the Hon Mark Butler MP, the Minister for Disability and the National Disability Insurance Scheme and Minister Health and Ageing, (the minister), to the House of Representatives on 3 September 2025.
1.2On 4 September 2025, the Senate referred the provisions of the bills to the Community Affairs Legislation Committee (the committee) for inquiry and report by 24 October 2025.
Structure of this report
1.3This report contains two chapters. This chapter sets out:
the purpose of the bills;
background information relating to the Australian Centre for Disease Control (the Australian CDC);
an overview of the bills’ key provisions; and
general information outlining the conduct of the inquiry and other committees’ consideration of the bills.
1.4Chapter two outlines the inquiry participants’ key views on the bills and concludes with the committee’s view and recommendation.
Purpose of the bills
1.5The bills are designed to deliver on the government's promise to establish a permanent and independent Australian CDC. The bills provide the legislative foundation for the Australian CDC’s operations, including functions, governance, and information-sharing powers.
Australian Centre for Disease Control Bill 2025
1.6The purpose of the Australian CDC bill is to establish a permanent Australian CDC as an independent, non-corporate Commonwealth entity within the Health, Disability and Ageing portfolio, to commence 1 January 2026. The bill also establishes the role, powers, functions and duties of both the Australian CDC and its Director-General.
1.7The Australian CDC is set to permanently monitor and assess public health risks; proactively work to prevent them; and prepare Australia when another crisis occurs; provide advice to federal, state and territory ministers on public health matters.
1.8The minister described the Australian CDC Bill as an enabler of the government’s broader public health and pandemic preparedness capability to safeguard the health and wellbeing of all Australians.
Australian Centre for Disease Control (Consequential Amendments and Transitional Provisions) Bill 2025
1.9The Consequential Amendments and Transitional Provisions bill makes consequential amendments to existing Commonwealth legislation to transfer relevant public health responsibilities to the Director-General of the Australian CDC.
1.10The minister explained that the Consequential Amendments and Transitional Provisions bill seeks to amend three key pieces of existing legislation, namely:
the Biosecurity Act 2015 (the Biosecurity Act);
the National Health Security Act 2007 (NHS Act); and
the National Occupational Respiratory Disease Registry Act 2023 (NORDR Act).
1.11Transitional arrangements will also be made to ensure the continuity of existing legislation impacted by the establishment of the Australian CDC.
Background
1.12There have been numerous calls and discussions to establish an Australian CDC over the last four decades. During the COVID-19 pandemic, there were renewed calls from public health stakeholders to create an Australian CDC.
COVID-19 inquiries
1.13The establishment of an Australian CDC was a key recommendation of the Senate Select Committee on COVID-19. The need for a national public health authority was also clearly identified by the independent COVID-19 Response Inquiry which recommended the establishment of an Australian CDC.
1.14The COVID-19 Response Inquiry found that whilst Australia’s response to the pandemic was one of the most successful when compared to other countries, Australia was not adequately prepared for a pandemic. The inquiry report stated:
…there was no playbook on what actions to take in a pandemic, no regular testing of systems and processes to make clear who would lead parts of the response, and no arrangements on sharing resources and data. Critically, there was also no discussion on who was best placed to communicate information to Australians in a situation where we did not have all the answers and each community had different backgrounds, health risks and fears.
1.15The inquiry report recommended to finalise the establishment of an Australian CDC to evaluate evidence, support national responses and ‘become trusted and authoritative on risk assessment and communication, and a national repository of communicable disease data, evidence and advice’.
Interim CDC
1.16The 2023–24 Budget provided $91.1 million over 2 years (from 2023–24) to progress the establishment of an Australian CDC. An interim CDC was established on 1 January 2024 within the Department of Health, Disability and Ageing (the department).
1.17The interim CDC’s responsibilities include health alerts, emergency health management (including management of the National Medical Stockpile), communicable disease, national and international disease surveillance and environmental health.
Proposed role, functions and governance of the CDC
1.18In his second reading speech, the minister stated that establishing a permanent Australian CDC will deliver on the government’s commitment to create an independent agency that will protect Australia from diseases and future public health threats.
1.19The Australian CDC will monitor and assess public health risks, proactively work to prevent them and support national coordination. It will also strengthen Australia’s capacity to collaborate internationally and leverage regional and global public health infrastructure and intelligence.
1.20The Australian CDC will be a ‘data-driven organisation, delivering a contemporary, nationally coordinated approach to public health data to enable more accurate and faster detection of risks’. It will also deliver ‘more consistent responses across borders’ and provide a ‘strong foundation for national public health planning’.
1.21The Australian CDC will draw on technical and scientific expertise, which includes epidemiologists, data scientists, public health researchers and population health experts, through its convening role.
1.22The minister explained that the Australian CDC will play a ‘national leadership role and become an authoritative source of expertise and evidence in public health’, assisting the states and territories to fulfil their role in times of normality and crisis.
1.23The Australian CDC will also build awareness and educate Australians on public health threats and what can be done in response to minimise risk.
1.24According to the minister, the Australian CDC will help set the ‘national direction on public health priorities, spanning from research through to workforce capability gaps’. The Australian CDC will:
…support agencies in the Australian government and the jurisdictions to plan and prepare for future health threats and emergencies. And, over time, its role will expand to include advice on how to prevent other health threats, including non-communicable diseases.
1.25The Australian CDC will also ‘embed a One Health approach’ that recognises the ‘interdependence of the health of animals, environment, plants and humans’. It will enable more accurate and timely risk assessments, integrated multisectoral collaboration and transdisciplinary approaches.
1.26The Australian CDC’s initial priorities will focus on communicable diseases, pandemic preparedness and existing capabilities in environmental health and occupational respiratory diseases.
1.27Progressive expansion of the Australian CDC’s remit will be considered following an independent review of its funding and operations in 2028.
Governance arrangements
1.28According to the department, the Australian CDC will be established with clear lines of accountability, robust governance and legislated transparency requirements.
1.29The Australian CDC bill will establish the Australian CDC as a statutory non-corporate Commonwealth entity, consisting of a Director-General and its staff.
1.30The Director-General will be supported by an Advisory Council as well as temporary expert advisory groups which the Director-General could establish as required.
1.31Advisory Council appointments will be made by the minister, not the Director-General. In his speech, the minister explained that ‘Advisory Council members will be appointed by the minister for their expertise in public health, clinical practice, economics, human rights, data and statistics, emergency management, or communications’.
1.32To support progress towards Closing the Gap, at least one member must be an Aboriginal person or a Torres Strait Islander and must have expertise in the health needs of Aboriginal and Torres Strait Islander people.
1.33The Director-General will be accountable for how the Advisory Council’s shape his/her advice and Advisory Council meeting summaries would be published.
Consultation
1.34The minister explained that ‘the Australian CDC established by this bill is the culmination of more than three years of policy development and public consultation’.
1.35Multiple expert groups were convened to guide policy design and ensure legislation is informed by technical expertise and jurisdictional coordination.
1.36Additionally, there were two rounds of public consultation:
a discussion paper released in November 2022, supported by workshops with 232 stakeholders and 165 written submissions; and
independent engagement with over 2,000 Australians and workshops with over 170 representatives of key stakeholders and priority population groups to help shape the CDC’s data strategy.
1.37Consultation sessions were also held in July 2025 to engage key stakeholders regarding the CDC’s structure and functions reflected in legislation.
Financial impact statement
1.38The Australian CDC bill’s EM outlined that the government committed, in the 2024–25 Mid-Year Economic and Fiscal Outlook process, $251.7 million over four years, commencing from 2024–25, for the establishment of the Australian CDC.
1.39Further, the EM states that $73.3 million in ongoing funding from 2028–2029 has also been committed to enable the ongoing operation of the Australian CDC.
Key provisions of the Australian Centre for Disease Control Bill 2025
1.40This section explores key provisions of the Australian CDC Bill, which contains six parts.
Commencement
1.41If passed by the Parliament, the whole bill will commence on 1 January 2026.
Part 2 – The Australian Centre for Disease Control
Division 2 – The Australian Centre for Disease Control
1.42Division 2 sets out the establishment of the Australian CDC as a non-corporate Commonwealth entity under the Public Governance, Performance and Accountability Act 2013 (PGPA Act). Clauses 7 to 13 sets out the mechanisms by which the Australian CDC will function.
Division 3 – The Director-General of the Australian Centre for Disease Control
1.43Division 3 lays out the foundational elements of the Director-General’s role, such as their appointment, functions, objectives and powers.
1.44The Director-General is to be appointed for five years by the minister, by written instrument, and must possess the appropriate expertise, qualifications or experience in public health matters.
1.45The EM notes that the Australian CDC will work in tandem with the department and other stakeholders as required, to ensure that the minister is provided with timely and consistent advice, especially in times of crisis. The Director-General will provide advice, either on request or on their own initiative, to the minister and other listed entities on public health matters, which could include but are not limited to:
emerging and known public health risks, incidents of concern and public health events of national significance, including disease outbreaks and public health impacts of, and responses to, natural and manmade disasters;
public health expertise and advice, including on emergency research prioritisation;
outcomes of evaluation and reviews of previous pandemics or emergency responses; and
the adoption of a One Health approach to public health planning and preparedness.
1.46The Director-General would have wide-ranging consultation powers and can give advice on public health matters on request or on their own initiative to both state and territory and federal ministers, and state and territory and federal departments and agencies. The Director-General would also be authorised to consult and advise international organisations such as the World Health Organisation or Australian CDC equivalents in other countries.
1.47The EM states that the Director-General would be authorised to harness and analyse data relating to public health matters, including disclosing information to prescribed public health entities, to assist those entities carry out relevant public health-related activities. Types of information the Director-General could develop, publish and promote are:
specialised statistical standards and classifications relevant to public health matters;
guidelines and statements on public health matters;
public communications and advice on public health matters; and
reports, information and papers on public health matters.
1.48Clause 11 empowers the Director-General to consult widely with, and provide advice on public health matters to bodies representing, amongst others:
health professionals,
health consumers,
the interests of particular groups of people,
bodies representing the interests of particular groups of people in relation to public health matters,
Aboriginal people or Torres Strait Islanders, and
Any other person or body that the Director-General thinks appropriate.
1.49The EM notes that the listed bodies in Clause 11 are not intended to be exhaustive, and that it is open to the Director-General to advise and consult with any other person or body if they consider it appropriate. Depending on the nature of the public health matter, this could include bodies whose objects include the prevention and management of disease and injury in particular environments.
1.50Clause 11 also provides that the Director-General can ‘conduct, promote and support community awareness initiatives and educational campaigns on public health matters’. The aim of this Clause is to improve the consistency of public health actions nationally.
1.51Clause 12 sets out a series of mandatory objectives the Director-General must have in relation to the performance of their functions, such as:
the need to base public health advice on data and other forms of evidence;
the need for public trust in public health advice;
the need for transparency; and
the impacts of risks to public health and the impacts of responses to risks to public health on particular communities and population groups.
1.52Clause 13 provides that the Director-General, on behalf of the Commonwealth, can enter into agreements with the states and territories or their government entities. This clause also extends to international agreements.
Division 5 – Publication of public health advice
1.53The COVID-19 Response Inquiry made recommendations for greater transparency in order to build trust and accountability in public health advice and decisions. As such, the Australian CDC is intended to be transparent in the advice it provides to government and decision-makers.
1.54Division 5 establishes the Australian CDC’s requirements for the publication of public health advice, including the types of advice the Director-General must cause to be published, and other disclosure requirements and publication rules. The EM explains that the duty to publish advice is necessary to achieving the Director-General’s objective of transparency, accountability, building public trust and promoting confidence in the Australian CDC.
1.55Clause 21 details the requirements arounds the publication of public health advice and provides that public health advice must be published on the Australian CDC’s website by no later than 30 calendar days after the advice was approved. The Director-General must also ensure that the published advice contains supporting information, analysis or reasoning to show how the recommendations in the advice were reached.
1.56Clauses 22 provides that the Director-General must not publish advice under Clause 21 if it is deemed that the advice falls under the definition of exempt material in Clause 5. The Director-General must still prepare and publish a modified copy of the advice if they are satisfied that it is possible to remove the exempt material. This allows the Director-General to still publish advice with exempt material redacted. However, if a piece of advice is redacted to the extent that it no longer retains its original advice, then the whole document should be excluded from publication. The EM explains that Clause 22 is ‘intended to prevent the Director-General publishing material which contains sensitive or protected information and which is defined as exempt material’.
Division 6 – Register of public health agreements
1.57Division 6 provides that the Director-General must cause a register of the Australian CDC’s public health agreements to be published on its website. Clause 24 specifies that a public health agreement is intended to capture formal agreements related to public health matters between the Australian CDC and one or more external entities.
Part 3 – The Advisory Council of the Australian Centre for Disease Control
Division 2 – Establishment and function of the Advisory Council
1.58Division 2 comprises six Clauses that set out the establishment of the Advisory Council, including transparency requirements around its membership and responsibilities.
1.59The EM states that the Advisory Council will be responsible for providing advice to the Director-General at its own initiative or on topics relevant to public health and the strategic direction and priorities of the Australian CDC.
Division 3 – Membership of the Advisory Council
1.60Division 3 details the makeup of the Advisory Council and the provisions surrounding the appointment of the Chair and its members.
1.61Each Advisory Council member is to be appointed by written instrument by the minister, which specifies the period of appointment and must not exceed three years. The Director-General is to be the Chair of the Advisory Council.
1.62Clause 28 specifies that that Advisory Council will consist of the Chair, the Chief Medical Officer and at least six, but no more than 10, appointed members. Clause 30 provides that at least one appointed member must be an Aboriginal or Torres Strait Islander (or both) and carry the relevant expertise and qualifications in the health needs of Aboriginal persons and Torres Strait Islanders (or both). The EM states that Advisory Council members are to be appointed based on individual expertise, qualifications or experience and not as a representative of any organisation. This is to ensure the Director-General receives advice from individuals who have the requisite background to provide expert advice to the Australian CDC.
1.63Once the Advisory Council members are appointed, the EM specifies that the Director-General must publish a list of all members on the Australian CDC’s website, illustrating their qualifications, experience, length of appointment and relevant affiliations.
Division 5 – Operation of the Advisory Council
1.64Division 5 relates to the meetings of the Advisory Council and details the number of meetings in a calendar year, procedures, attendance and publication of meeting summaries as required by the Australian CDC Bill.
Part 4 – Information
Division 1 – Introduction
1.65Division 1 comprises the Clauses relating to prescribed public health activities and entities, including the authorised use and disclosure of relevant information.
1.66Clauses 40 to 41 defines prescribed health activities and the framework for streamlining data sharing and use of information to inform public administration activities related to public health. Clause 40 explains that the scope of public health activities is limited to circumstances whereby an entity is performing these activities ‘by, or on behalf of, the Commonwealth or a state or territory’.
1.67Clause 41 enables the Director-General to specify, by legislative instrument, the entities that are prescribed health entities under the data sharing regime. In order to be specified as an entity under Clause 41, the Director-General is able to determine ‘trusted access principles that a prescribed public health entity must meet’. The intention of this Clause is to provide transparency around the standards the Director-General must have to specify an entity as a prescribed health entity. Clause 42 in the EM assigns the Australian Bureau of Statistics and the Australian Institute of Health and Welfare as designated data service providers for the Australian CDC.
Division 2 – Information-gathering powers
1.68There are two subdivisions within Division 2, relating to requests or agreements to provide information and directions to give information.
Subdivision A – Information-gathering powers
1.69Clauses 43 allows for the Director-General to request information from certain entities. It defines the types of entities that a request may be issued to and the scope of the request. Clause 44 provides limited statutory authority to override other laws which could, or would otherwise prevent, an entity from complying with a request or agreement to make information available to the Director-General.
1.70The EM elaborates by explaining that, for avoidance of doubt, these Clauses do not authorise the Director-General to request personal health information from an individual or medical practitioner.
Subdivision B – Direction to give information
1.71Clauses 45 to 46 allows for the Director-General to direct a person or non-government entity to give specified information to the Australian CDC or a designated data service provider.
1.72The EM emphasises that the recipient of this direction must comply with the Director-General’s request despite other laws. However, Paragraphs 45(4)(a–b), establishes the limitations of power to issue a direction, only to circumstances where the Director-General is satisfied that the information is reasonably necessary for the performance of the Director-General’s functions or duties.
1.73The EM further clarifies that, for avoidance of doubt, this Clause does not permit the Director-General to direct an individual or medical practitioner to provide personal health information unless the ‘high threshold’ set out at Subclause 45(4) is met.
1.74Clause 49 sets out the requirement of the Director-General to publish a register of directions on the Australian CDC’s website to provide transparency about the Director-General’s exercise of powers.
Division 3 – Authorised use and disclosure of relevant information
1.75Division 3 outlines the authorisations for the use and disclosure of information.
1.76Clauses 50–70 set out various authorisation principles, functions, duties and powers under certain Acts. Clause 51 facilitates the use of disclosure of relevant information for legitimate purposes related to public health. This includes uses and disclosures in the course of, or for the purposes of:
…performing a function or duty, or exercising a power, under the Bill and in connection with certain other laws under which the Australian CDC has statutory roles (the NHS Act and the NORDR Act).
1.77Clause 53 provides for the Director-General to disclose relevant information in the public interest that is lawful and not arbitrary, and where it is reasonable, necessary and proportionate to a legitimate objective.
Division 4 – Unauthorised use or disclosure of information
1.78Division 4 details offence provisions (such as a penalty of imprisonment or penalty units) where a person obtains protected information, makes record of, discloses or uses the information without authorisation. Clause 71 emphasises that the use or disclosure of protected information be strictly regulated, given that unauthorised disclosures could reasonably be expected to cause harm to an essential public interest.
Part 5 – Enforcement
Division 2 – Civil penalties
1.79Division 2 relates to the enforcement of civil penalty provisions under Part 4 of the Regulatory Powers Act. The Australian CDC bill creates civil penalties for contraventions of the legislation by setting out civil penalty provisions. The enforcement aspect for those civil penalty provisions is provided by the Regulator Powers Act.
Part 6 – Miscellaneous
1.80Part 6 deals with miscellaneous matters including the legislated review of the operation of the Act. The EM states that the Minister must cause a review to be undertaken on the operation of the Act every 5 years, with the first 5-year period beginning at the commencement of the Act. This is to ensure that the Act continues to support the Australian CDC’s operations and functions, duties and powers.
Key provisions of the Australian Centre for Disease Control (Consequential Amendments and Transitional Provisions) Bill 2025
Commencement
1.81The initial administrative provisions will commence on the day the bill receives Royal Assent. The reminder will come into effect at the commencement of the Australian CDC bill.
Amendments to existing legislation
1.82Schedule 1 outlines the consequential and transitional amendments to a variety of Acts to support the Australian CDC bill.
Biosecurity Act 2015
1.83Part 1 amends the Biosecurity Act to transfer various functions of the Act to the Director-General of the Australian CDC.
1.84The Biosecurity Act will also transfer the role of Director of Human Biosecurity (DHB) from the Commonwealth Chief Medical Officer to the Secretary of the department.
1.85The EM states that the responsibility to determine listed human diseaseswill now reside with the Director-General of the Australian CDC from the DHB, allowing for the Director-General to determine which human diseases are monitored for persons entering or leaving Australia.
1.86Additionally, the Director-General of the Australian CDC will also be responsible for providing human health risk assessments, including the assessment of biosecurity risks of imported goods.
National Health Security Act 2007
1.87Part 2 amends the NHS Act to transfer various functions of the Act to the Australian CDC and Director-General.
1.88The Consequential Amendments and Transitional Provisions bill will transfer responsibility for ‘coordinating surveillance data from the states and territories for diseases on the National Notifiable Disease List from the department to the Australian CDC’. The intention of this transfer of responsibility means that the Director-General will work with the minister to amend or change the National Notifiable Disease List to ensure relevant diseases are captured.
1.89The National Focal Point (NFP) will be transferred from the Health, Disability and Ageing Secretary to the Director-General of the Australian CDC, to make sure that the Australian CDC is the primary point of contact regarding significant public health events on the domestic and international level. The EM states that this shift will ensure that Australia is meeting its obligations under the International Health Regulations Act 2005.
1.90Finally, the administration of the Security Sensitive Biological Agents Scheme will also be transferred to the Director-General of the Australian CDC.
National Occupational Respiratory Disease Registry Act 2023
1.91Part 3 amends the NORDR Act to transfer responsibility from the Commonwealth Chief Medical Officer to the Director-General of the Australian CDC.
Freedom of Information Act 1982
1.92Part 4 (Item 41) provides that Schedule 3 of the Freedom of Information Act 1982 (FOI Act) is amended to ensure information protected by the secrecy provision in the Australian CDC bill (personal and commercial in confidence information) would be exempt from disclosure under Subsection 38(1) of the FOI Act. The EM further states that:
This would exempt protected information from publication under the Director-General's duty to publish public health advice. It also ensures protected information is exempt from release under freedom of information requests under the FOI Act.
Australian National Preventive Health Agency Act 2010
1.93Part 5 formally abolishes the Australian National Preventative Health Agency through the amendment to the Australian National Preventive Health Agency Act 2010.
Compatibility with human rights
1.94Both bills contain a Statement of Compatibility with Human Rights, which are discussed below.
Australian Centre for Disease Control Bill 2025
1.95The Australian CDC bill’s Statement of Compatibility with Human Rights (the statement) notes that the bill is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
1.96According to the statement, the Australian CDC bill engages the following human rights:
the right to health;
the right to equality and non-discrimination;
the right to privacy;
the right to freedom of expression;
the right to presumption of innocence; and
the privilege against self-incrimination.
1.97The statement details how the Australian CDC bill engages with the above-mentioned human rights. The statement’s concluding comments state that:
The establishment of an Australian CDC will promote human rights as outlined in several human rights treaties, including the International Covenant on Civic and Political Rights (ICCPR), the International Covenant on Economic, Social and Cultural Rights (ICESCR), the Convention on Rights of Persons with Disabilities (CRPD) and the International Convention on the Elimination of all Forms of Racial Discrimination (ICERD).
1.98It also explains that ‘where the bill has the potential to place limitations on human rights, these are justified to be reasonable, necessary, proportionate, and are in the pursuit of a legitimate objective in fulfilling the functions of the Australian CDC’.
Australian Centre for Disease Control (Consequential Amendments and Transitional Provisions) Bill 2025
1.99The statement notes that the bill is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Consideration by other committees
1.100The Parliamentary Joint Committee on Human Rights (Human Rights Committee) considered the bills in its Report 5 of 2025.
1.101The Human Rights Committee noted that various measures contained in the bills engage and limit the right of privacy. It acknowledged that these measures generally pursue a legitimate objective of promoting public health. However, it found that ‘it is unclear whether the limitations on the right of privacy are proportionate.’
1.102The Human Rights Committee considered that further information is required to assess the compatibility of these measures with these rights and has sought advice from the minister in relation to the following matters:
publication of health advice;
power to request information;
power to direct people to give information;
register of directions;
authorised disclosure of information in the public interest; and
data-sharing declarations for serious threat to public health.
1.103At the time of writing, the advice from the minister is pending.
1.104At the time of writing, the Senate Standing Committee for the Scrutiny of Bills has made no comment on the bill.
Conduct of the inquiry
1.105Details of the inquiry were made available on the committee’s website. The committee contacted organisations and individuals to invite them to make a submission to the inquiry by 26 September 2025. The committee received 75 submissions, which are listed at Appendix 2.
Acknowledgements
1.106The committee thanks the organisations and individuals who contributed to the inquiry by making written submissions.