s 130 Direction relating to food workers in licensable food business
130.—(1) Where the Director‑General reasonably believes that —(a) an individual who is a food business licensee carrying on a licensable food business; or (b) an individual employed or engaged as a food worker by a food business licensee in connection with a licensable food business carried on by the licensee, is engaging or has engaged in conduct, in the course of carrying on that licensable food business, that is a contravention of or that constitutes non‑compliance with an applicable requirement of this Act relating to the handling of food intended for supply, the Director‑General may give a direction described in subsection (2) or (3) to all or any of the following: (c) the food business licensee who is a proprietor of the licensable food business (whether or not an individual); (d) the individual; (e) any other individual employed or engaged as a food worker by the food business licensee in connection with the same licensable food business. (2) A direction under this section may require —(a) a particular individual or particular individuals employed or engaged as a food worker or food workers in connection with a licensable food business to do one or more of the following within a period stated in the direction:(i) to stop handling food in the course of the licensable food business; (ii) to undergo training or retraining in food safety and food handling specified by the Director‑General, and be assessed as competent in each subject of the training or retraining; (iii) to alter or improve the method of handling of food by that individual while in the course of the licensable food business; or (b) a food business licensee to do one or more of the following within a period stated in the direction:(i) to take specified steps to change or improve the method of handling food by food workers in the course of carrying on the licensee’s licensable food business; (ii) to stop one or more individuals handling food in the course of the licensee’s licensable food business if the individual is given a direction described in subsection (3), until the individual complies with the direction he or she is given. (3) A direction under this section may also require a particular individual as follows:(a) to stop handling food in the course of a licensable food business unless or until he or she —(i) is diagnosed by a medical practitioner as not suffering from a prescribed infectious disease or other condition that is liable to render food handled as unsafe or unsuitable; or (ii) is immunised against a prescribed infectious disease; (b) to engage in conduct, or to refrain from engaging in conduct, specified in a direction relating to his or her personal hygiene and health practices when handling food as a food worker employed or engaged in a licensable food business, including (but not limited to) —(i) not expectorating; (ii) wearing an attire or accessory for the purpose of protecting food that he or she handles against contamination; and (iii) ensuring that the individual is, or his or her clothing is kept, in a clean and sanitary condition. (4) A direction under this section must be for all or any of the following purposes:(a) to ensure the continued competence of a particular individual or particular individuals employed or engaged as a food worker or food workers in a licensable food business in handling food in such a way that does not make the food unsafe or unsuitable, or likely to be unsafe or unsuitable; (b) to minimise or prevent the future personal conduct of a particular individual or particular individuals that makes or is likely to make food unsafe or unsuitable when the individual is or individuals are employed or engaged as a food worker or food workers in a licensable food business. (5) An individual who is registered as a food worker by the Agency ceases to be registered when the registration expires or a direction is earlier given to the individual under this section.