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This is a Bill, not an Act. For current law, see the Acts databases.
Improving Cancer Outcomes Act 2014
No. of 2014
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purposes 1
2 Commencement 2
3 Definitions 2
PART 2--ADMINISTRATION 4
4 Role and functions of the Secretary 4
5 Delegation by Secretary 5
6 Agreement with service provider 5
PART 3--COLLECTION, USE AND DISCLOSURE OF
INFORMATION 7
Division 1--Collection of information 7
7 Secretary may collect health information 7
8 Mandatory reporting of cancer screening of a prescribed type 7
9 Mandatory reporting of diagnosis of cancer of a prescribed
type 7
10 Direction to provide further information 8
11 Authority to collect information about Victorian residents 8
12 Protection of persons from whom information is collected 9
Division 2--Management of collected information 9
13 Collected information to be held on register or registers 9
Division 3--Use and disclosure of information 10
14 Circumstances in which Secretary may use and disclose
health information 10
15 Disclosure of information 10
16 Fees for provision of information to third parties 11
17 Access to health information 11
i
Clause Page
PART 4--CANCER PLAN AND EXPERT GROUPS 12
18 Minister to prepare cancer plan 12
19 Minister may establish expert group 12
20 Members of expert group 13
21 Minister may give direction to expert group 13
PART 5--REGISTRATION OF CANCER COUNCIL
VICTORIA AS COMPANY 14
22 Definitions 14
23 Deemed registration company 14
24 Order specifying registration day 15
25 Corporate continuity 15
26 Superseded references 16
27 Member of Anti-Cancer Council of Victoria or committee
ceases to hold office 17
PART 6--GENERAL 18
28 Regulations 18
PART 7--AMENDMENT AND REPEAL OF CANCER
ACT 1958 20
29 Powers and duties of executive committee 20
30 Repeal of Cancer Act 1958 20
31 Repeal of this Part 20
PART 8--TRANSITIONAL PROVISIONS 21
32 Transitional provision--information held on registers taken
to have been collected under this Act 21
ENDNOTES 22
ii
Improving Cancer Outcomes Act 2014
No. of 2014
[Assented to ]
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purposes
The main purposes of this Act are--
(a) to articulate the role and functions of the
Secretary to the Department of Health with
respect to cancer; and
(b) to authorise the collection of information
relating to cancer by the Secretary in order to
perform those functions; and
1
Improving Cancer Outcomes Act 2014
No. of 2014
Part 1--Preliminary
s. 2
(c) to establish a framework for the appropriate
management, use and disclosure of that
information; and
(d) to require the Minister to prepare a plan
providing a strategic policy framework for
cancer in Victoria; and
(e) to provide for the registration of the Anti-
Cancer Council of Victoria as a company
limited by guarantee under the Corporations
Act; and
(f) to repeal the Cancer Act 1958.
2 Commencement
(1) This section and section 29 come into operation
on the day after the day on which this Act receives
the Royal Assent.
(2) Subject to subsection (3), the remaining
provisions of this Act come into operation on a
day or days to be proclaimed.
(3) If a provision of this Act does not come into
operation before 1 October 2015, it comes into
operation on that day.
3 Definitions
In this Act--
cancer screening means a process in which an
individual undergoes testing or procedures in
order to determine whether the individual
has--
(a) cancer or a precursor to cancer; or
(b) any indicator, such as genetic markers
or cell abnormalities, that may lead to
cancer;
Department means the Department of Health;
2
Improving Cancer Outcomes Act 2014
No. of 2014
Part 1--Preliminary
s. 3
health information has the same meaning as in
section 3(1) of the Health Records Act
2001;
Health Privacy Principles means the Health
Privacy Principles set out in Schedule 1 to
the Health Records Act 2001;
health service means--
(a) an activity performed in relation to an
individual that is intended or claimed
(expressly or otherwise) by the
individual or the organisation
performing it--
(i) to assess, maintain or improve the
individual's health; or
(ii) to diagnose the individual's
illness, injury or disability; or
(iii) to treat the individual's illness,
injury or disability or suspected
illness, injury or disability; or
(b) a disability service, palliative care
service or aged care service; or
(c) a service, or a class of service, provided
in conjunction with an activity or
service referred to in paragraph (a)
or (b) that is prescribed as a health
service;
HPP means a Health Privacy Principle;
Secretary means the Department Head (within the
meaning of the Public Administration Act
2004) of the Department of Health.
__________________
3
Improving Cancer Outcomes Act 2014
No. of 2014
Part 2--Administration
s. 4
PART 2--ADMINISTRATION
4 Role and functions of the Secretary
(1) For the purpose of this Act, the role of the
Secretary is--
(a) to support efforts in Victoria to reduce
cancer incidence, morbidity and mortality
and to enhance the wellbeing of those
affected by cancer and the wellbeing of
Victorians generally; and
(b) to perform the functions and exercise the
powers conferred on the Secretary by this
Act or any regulations made under this Act;
and
(c) to provide advice to the Minister with respect
to cancer and to advise the Minister on the
operation of this Act and the regulations
made under this Act.
(2) Without limiting subsection (1), the Secretary has
the following functions under this Act--
(a) to plan, develop, co-ordinate, fund, promote,
support and enable the provision of health
services relating to cancer; and
(b) to develop and implement policies, programs
and initiatives to support the prevention,
early detection, diagnosis and treatment of
cancer, the ongoing management of cancer
and the ongoing care of those affected by
cancer; and
(c) to promote awareness and understanding
of--
(i) cancer prevention; and
(ii) cancer screening; and
4
Improving Cancer Outcomes Act 2014
No. of 2014
Part 2--Administration
s. 5
(iii) participation in cancer screening; and
(iv) treatment options; and
(d) to support initiatives to enhance the quality
of life of those affected by cancer; and
(e) to monitor and evaluate cancer screening
participation, cancer incidence and cancer
treatment and the outcomes of cancer
screening and cancer treatment; and
(f) to promote continuous improvement in
cancer treatment, outcomes and the quality
and safety of health services relating to
cancer; and
(g) to undertake, facilitate and support research
relating to cancer and the application of that
research; and
(h) to maintain a register of information
collected by the Secretary under this Act.
5 Delegation by Secretary
The Secretary by instrument may delegate any
power or function of the Secretary under this Act
or the regulations made under this Act, other than
this power of delegation, to--
(a) any employee or class of employees
employed under Part 3 of the Public
Administration Act 2004; or
(b) any person engaged by the Department in a
capacity other than as an employee
employed under Part 3 of the Public
Administration Act 2004.
6 Agreement with service provider
(1) Subject to subsection (2), the Secretary may enter
into an agreement with a service provider to
perform any of the functions of the Secretary
under this Act.
5
Improving Cancer Outcomes Act 2014
No. of 2014
Part 2--Administration
s. 6
(2) The Secretary must not enter into an agreement
referred to in subsection (1) unless satisfied that
the agreement imposes obligations on the service
provider relating to the confidentiality, privacy
and security of any information to be used or
collected that comply with this Act and the Health
Privacy Principles.
__________________
6
Improving Cancer Outcomes Act 2014
No. of 2014
Part 3--Collection, Use and Disclosure of Information
s. 7
PART 3--COLLECTION, USE AND DISCLOSURE OF
INFORMATION
Division 1--Collection of information
7 Secretary may collect health information
For the purpose of performing the Secretary's
functions under this Act, the Secretary may, in
accordance with this Part, collect health
information about an individual.
8 Mandatory reporting of cancer screening of a
prescribed type
(1) If an individual undergoes cancer screening of a
prescribed type, the prescribed person or
organisation must report the cancer screening to
the Secretary.
(2) The report of the cancer screening must--
(a) be in the prescribed form; and
(b) be made within the prescribed time; and
(c) include the prescribed information.
9 Mandatory reporting of diagnosis of cancer of a
prescribed type
(1) If an individual is diagnosed with cancer of a
prescribed type, the prescribed person or
organisation must report the diagnosis to the
Secretary.
(2) For the purposes of subsection (1), a diagnosis of
cancer includes a diagnosis of a recurrence of a
cancer or a precursor of a prescribed type.
(3) The report of a diagnosis of cancer or a precursor
must--
(a) be in the prescribed form; and
(b) be made within the prescribed time; and
(c) include the prescribed information.
7
Improving Cancer Outcomes Act 2014
No. of 2014
Part 3--Collection, Use and Disclosure of Information
s. 10
10 Direction to provide further information
(1) The Secretary may direct a person or organisation
to provide further information in relation to an
individual who--
(a) has undergone cancer screening of a type
prescribed for the purposes of section 8; or
(b) has been diagnosed with cancer or a
precursor of a type prescribed for the
purposes of section 9.
(2) The Secretary may give a direction under
subsection (1)--
(a) to resolve any uncertainties, inconsistencies
or ambiguities associated with; or
(b) to ensure the accuracy, integrity and
completeness of--
information provided to the Secretary under
section 8 in relation to cancer screening or under
section 9 in relation to a cancer diagnosis.
(3) The Secretary may give a direction under
subsection (1) to a person or organisation other
than the person who reported the cancer screening
or the cancer diagnosis.
11 Authority to collect information about Victorian
residents
(1) The Secretary may collect information about
Victorian residents from cancer screening
registers and cancer registers maintained in other
jurisdictions.
8
Improving Cancer Outcomes Act 2014
No. of 2014
Part 3--Collection, Use and Disclosure of Information
s. 12
(2) For the purpose of performing the Secretary's
functions under this Act, the Secretary may collect
information about Victorian residents from any
other source.
Example
The Secretary may collect information from the National
HPV Vaccination Program Register.
(3) Information referred to in subsection (1) or (2)
may include personal information or health
information about an individual.
12 Protection of persons from whom information is
collected
(1) This section applies to a person or organisation
that, in accordance with this Act, provides
information that is authorised or required to be
provided under this Act.
(2) The providing of the information--
(a) does not for any purpose constitute
unprofessional conduct or a breach of
professional ethics on the part of the person
or organisation; and
(b) does not make the person or organisation
subject to any liability in respect of it; and
(c) does not constitute a contravention of any
other Act or law (including common law).
Division 2--Management of collected information
13 Collected information to be held on register or
registers
The Secretary must ensure that all information
collected under this Act is recorded and
maintained on a register or registers.
9
Improving Cancer Outcomes Act 2014
No. of 2014
Part 3--Collection, Use and Disclosure of Information
s. 14
Division 3--Use and disclosure of information
14 Circumstances in which Secretary may use and
disclose health information
(1) The Secretary may use and disclose health
information about an individual collected under
this Act for the purpose of performing the
Secretary's functions under this Act.
(2) The Secretary may use and disclose health
information collected under this Act about an
individual for any other purpose--
(a) with the consent of--
(i) the individual; or
(ii) if the individual is deceased--the
individual's legal representative; or
(b) if the information is used or disclosed in
accordance with HPP 2.2.
(3) Nothing in this Act prevents the Secretary from
using and disclosing information about an
individual collected under this Act if the identity
of the individual is not apparent, and cannot
reasonably be ascertained, from the information.
15 Disclosure of information
(1) Without limiting section 14(1), the Secretary may
disclose information collected under this Act in
any of the following circumstances--
(a) where the purpose of the disclosure is to
enable the recipient of the information--
(i) to determine whether a person who has
been screened for cancer has cancer, a
precursor to cancer, a genetic marker to
cancer or cell abnormalities which may
lead to the development of cancer; or
10
Improving Cancer Outcomes Act 2014
No. of 2014
Part 3--Collection, Use and Disclosure of Information
s. 16
(ii) to provide appropriate follow-up and
clinical management of a person who
has been screened for cancer;
(b) where the information relates to a person
who has been screened for cancer in Victoria
and the disclosure is to a person or
organisation responsible for maintaining or
managing a cancer screening register in
another jurisdiction;
(c) where the information relates to a person
who has been diagnosed with cancer in
Victoria and the disclosure is to a person or
organisation responsible for maintaining or
managing a cancer register in another
jurisdiction;
(d) where the disclosure is to the Australian
Institute of Health and Welfare or to a
successor in law to that body.
(2) The disclosure of information by the Secretary
under this Division is at the discretion of the
Secretary.
16 Fees for provision of information to third parties
(1) Subject to subsection (2), the Secretary may
require a charge to be paid by a third party for the
reasonable costs incurred in providing to the third
party information collected under this Act.
(2) The charge required to be paid must not exceed
the prescribed amount (if any).
17 Access to health information
Subject to section 16 of the Health Records Act
2001, Part 5 of that Act applies to the health
information relating to an individual collected by
the Secretary under this Act as if the Secretary
were an organisation to which that Act applies.
__________________
11
Improving Cancer Outcomes Act 2014
No. of 2014
Part 4--Cancer Plan and Expert Groups
s. 18
PART 4--CANCER PLAN AND EXPERT GROUPS
18 Minister to prepare cancer plan
(1) The Minister must prepare a plan that provides a
strategic policy framework for cancer in
Victoria--
(a) no later than 12 months after the
commencement of this Act; and
(b) every 4 years after the preparation of the first
plan.
(2) A plan prepared under subsection (1) must--
(a) report on the status and burden of cancer in
Victoria by drawing on the information
collected by the Secretary under this Act;
and
(b) establish Victoria's objectives and policy
priorities with respect to cancer; and
(c) state how these objectives and policy
priorities will be achieved based on available
evidence; and
(d) specify how the State intends to work with
other parties to achieve these objectives and
policy priorities.
(3) The Minister must cause a plan prepared under
subsection (1) to be tabled in each House of
Parliament within 7 sitting days after its
preparation.
19 Minister may establish expert group
(1) The Minister may, by Order published in the
Government Gazette, establish an expert group in
respect of cancer.
(2) An Order under subsection (1) must specify the
functions of the expert group.
12
Improving Cancer Outcomes Act 2014
No. of 2014
Part 4--Cancer Plan and Expert Groups
s. 20
(3) Without limiting subsection (2), the functions of
an expert group may include--
(a) developing best practice clinical guidelines
in relation to cancer; and
(b) recommending to the Minister that certain
research be conducted in relation to that
cancer.
20 Members of expert group
The Minister may, by Order published in the
Government Gazette, appoint members of an
expert group on the terms and conditions specified
in the Order.
21 Minister may give direction to expert group
The Minister may give a written direction to an
expert group to consider and report on any matter
related to cancer specified in the direction.
__________________
13
Improving Cancer Outcomes Act 2014
No. of 2014
Part 5--Registration of Cancer Council Victoria as Company
s. 22
PART 5--REGISTRATION OF CANCER COUNCIL
VICTORIA AS COMPANY
22 Definitions
(1) In this Part--
Anti-Cancer Council of Victoria means the Anti-
Cancer Council of Victoria, as established
under the Anti-Cancer Council Act 1936
and continued by the Cancer Act 1958;
registration day has the same meaning as in
section 5H(1)(b)(i) of the Corporations Act;
specified day means the day specified by the
Minister in an Order made under
section 24(1).
(2) Words and expressions used in the Corporations
Act and this Part have the same meaning in this
Part as in the Corporations Act except to the
extent that the context or the subject matter
otherwise requires.
23 Deemed registration company
For the purposes of section 5H of the
Corporations Act--
(a) the Anti-Cancer Council of Victoria is a
deemed registration company; and
(b) the specified day is the registration day; and
(c) the Anti-Cancer Council of Victoria is to be
registered as a company limited by
guarantee; and
(d) the company's proposed name is "Cancer
Council Victoria".
14
Improving Cancer Outcomes Act 2014
No. of 2014
Part 5--Registration of Cancer Council Victoria as Company
s. 24
24 Order specifying registration day
(1) The Minister may, by Order published in the
Government Gazette, specify a day on which the
Anti-Cancer Council of Victoria is taken to be
registered as a company limited by guarantee
under the name "Cancer Council Victoria" for the
purposes of section 5H of the Corporations Act.
(2) The Minister must not make an Order under
subsection (1) unless satisfied that the Anti-
Cancer Council of Victoria has complied with
section 5H(2) and (3) of the Corporations Act.
(3) The Minister must provide ASIC with a copy of
an order made under this section as soon as
practicable after the making of the Order.
(4) Failure to provide a copy of the Order to ASIC
under subsection (3) does not affect the validity of
the Order.
25 Corporate continuity
(1) On and after the specified day, the deemed
registration company that is the Cancer Council
Victoria is, despite the change of name, taken to
be a continuation of, and the same legal entity as,
the Anti-Cancer Council of Victoria.
(2) Without limiting subsection (1), registration of the
Cancer Council Victoria as a company limited by
guarantee under the Corporations Act is not taken
to affect--
(a) the existing rights, property and assets, or
debts, liabilities and obligations of the Anti-
Cancer Council of Victoria; or
(b) any legal proceeding by or against the Anti-
Cancer Council of Victoria; or
15
Improving Cancer Outcomes Act 2014
No. of 2014
Part 5--Registration of Cancer Council Victoria as Company
s. 26
(c) the employment, or entitlements as an
employee, of a person who was an employee
of the Anti-Cancer Council of Victoria
immediately before the registration day; or
(d) any arrangement, agreement or contract
entered into by or on behalf of the Anti-
Cancer Council of Victoria as in force
immediately before the registration day.
(3) Subsections (1) and (2) are declared to be
Corporations legislation displacement provisions
for the purposes of section 5G of the Corporations
Act in relation to Corporations legislation.
Note
Section 5G of the Corporations Act provides that if a State
law declares a provision of State law to be a Corporations
legislation displacement provision for the purposes of that
section, any provision of the Corporations legislation with
which the State provision would otherwise be inconsistent
does not operate to the extent necessary to avoid the
inconsistency.
26 Superseded references
(1) On and after the registration day, in any Act
(other than this Act), subordinate instrument or
any other document of any kind, unless the
context otherwise requires, a reference to the
Anti-Cancer Council of Victoria is taken to be a
reference to the Cancer Council Victoria so far as
it relates to any period after that date.
(2) On and after the registration day, each old
instrument continues to have effect according to
its tenor as if a reference in the instrument to the
Anti-Cancer Council of Victoria were a reference
to the Cancer Council Victoria.
(3) Without limiting the effect of subsection (2), on
an after the registration day, an instrument
creating a trust in relation to the Anti-Cancer
Council of Victoria continues to have effect
16
Improving Cancer Outcomes Act 2014
No. of 2014
Part 5--Registration of Cancer Council Victoria as Company
s. 27
according to its tenor as if the trust were in
relation to the Cancer Council Victoria.
(4) In this section--
old instrument means an instrument subsisting
immediately before the registration day--
(a) to which the Anti-Cancer Council of
Victoria was a party; or
(b) that was given to or in favour of the
Anti-Cancer Council of Victoria; or
(c) that refers to the Anti-Cancer Council
of Victoria; or
(d) under which--
(i) money is, or may become, payable
to or by the Anti-Cancer Council
of Victoria; or
(ii) other property is to be, or may
become liable to be, transferred to
or by the Anti-Cancer Council of
Victoria.
27 Member of Anti-Cancer Council of Victoria or
committee ceases to hold office
On and after the registration day--
(a) a person holding office as a member of the
Anti-Cancer Council of Victoria ceases to
hold that office; and
(b) a person holding office as a member of a
committee of the Anti-Cancer Council of
Victoria ceases to hold that office.
__________________
17
Improving Cancer Outcomes Act 2014
No. of 2014
Part 6--General
s. 28
PART 6--GENERAL
28 Regulations
(1) The Governor in Council may make regulations
for or with respect to the following--
(a) the types of cancer screening that must be
reported to the Secretary;
(b) for a report to the Secretary of a cancer
screening of a prescribed type--
(i) the person or organisation that must
report the cancer screening; and
(ii) the form of the report; and
(iii) the time in which the report must be
provided to the Secretary; and
(iv) the information to be included in the
report;
(c) the types of cancer or precursor for which a
diagnosis must be reported to the Secretary;
(d) for a report to the Secretary of a diagnosis of
cancer or a precursor of a prescribed type--
(i) the person or organisation that must
report the diagnosis; and
(ii) the form of the report; and
(iii) the time in which the report must be
provided to the Secretary; and
(iv) the information to be included in the
report;
(e) the maximum amount that may be charged
by the Secretary to provide information
collected by the Secretary under this Act;
(f) any thing required or permitted by this Act to
be prescribed or necessary to be prescribed
to give effect to this Act.
18
Improving Cancer Outcomes Act 2014
No. of 2014
Part 6--General
s. 28
(2) The regulations may--
(a) be of general or limited application; and
(b) differ according to differences in time, place
or circumstances; and
(c) confer a discretionary authority or impose a
duty on a specified person or class of person;
and
(d) apply, adopt or incorporate, with or without
modification, any matter contained in any
document, code, standard, rule, specification
or method formulated, issued, prescribed or
published by any person--
(i) wholly or partially or as amended by
the regulations; or
(ii) as formulated, issued, prescribed or
published at the time the regulations are
made or at any time before then; or
(iii) as formulated, issued, prescribed or
published from time to time.
__________________
19
Improving Cancer Outcomes Act 2014
No. of 2014
Part 7--Amendment and Repeal of Cancer Act 1958
s. 29
PART 7--AMENDMENT AND REPEAL OF CANCER
ACT 1958
29 Powers and duties of executive committee
See: After section 13(2) of the Cancer Act 1958
Act No. 6213.
Reprint No. 8 insert--
as at
1 January "(3) Despite subsection (1), the executive
2009
and
committee may take any steps required under
amending section 5H(2) and (3) of the Corporations
Act Nos
13/2010,
Act to give effect to the registration of the
29/2010 and council as a company limited by guarantee
78/2010.
LawToday:
under section 5H of that Act, including
www. appointing the persons who are to be
legislation.
vic.gov.au
directors of the company on registration,
without the approval of the members of the
council.".
30 Repeal of Cancer Act 1958
The Cancer Act 1958 is repealed.
31 Repeal of this Part
This Part is repealed on 1 October 2016.
Note
The repeal of this Part does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
__________________
20
Improving Cancer Outcomes Act 2014
No. of 2014
Part 8--Transitional Provisions
s. 32
PART 8--TRANSITIONAL PROVISIONS
32 Transitional provision--information held on
registers taken to have been collected under this Act
(1) Any information held on a register specified in
subsection (2) immediately before the
commencement of section 30 is taken to be
information collected under this Act and may be
included on a register referred to in section 13.
(2) For the purposes of subsection (1), the following
registers are specified--
(a) the cancer register maintained by the Anti-
Cancer Council of Victoria, known as the
"Victorian Cancer Registry";
(b) the Cervical Register maintained by the
Victorian Cytology (Gynaecological)
Service;
(c) the BreastScreen Victoria Registry
maintained by Breast Screen Victoria Inc.
21
Improving Cancer Outcomes Act 2014
No. of 2014
Endnotes
ENDNOTES
Minister's second reading speech--
Legislative Assembly:
Legislative Council:
The long title for the Bill for this Act was "A Bill for an Act to articulate
the role and functions of the Secretary to the Department of Health with
respect to cancer, to establish a framework for the collection,
management, use and disclosure of information relating to cancer, to
require the preparation of a plan providing a strategic policy framework
for cancer in Victoria, to provide for the registration of the Anti-Cancer
Council of Victoria as a company limited by guarantee under the
Corporations Act and to repeal the Cancer Act 1958 and for other
purposes."
By Authority. Government Printer for the State of Victoria.
22
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