Victorian Bills Explanatory Memoranda

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IMPROVING CANCER OUTCOMES BILL 2014

 Improving Cancer Outcomes Bill 2014

                        Introduction Print


              EXPLANATORY MEMORANDUM


                              Clause Notes

                     PART 1--PRELIMINARY
Clause 1   sets out the purposes of the Bill. The main purposes of the Bill
           are to articulate the role and functions of the Secretary to the
           Department of Health with respect to cancer, to authorise the
           collection of information relating to cancer by the Secretary in
           order to perform those functions, to establish a framework for the
           appropriate management, use and disclosure of that information,
           to require the Minister to prepare 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 2001 of the
           Commonwealth and to repeal the Cancer Act 1958.

Clause 2   is the commencement provision, which provides for a staggered
           commencement of the Bill. Section 2 and section 29 of the Bill
           come into operation on the day after the Act receives Royal
           Assent. This is to facilitate the registration of the Anti-Cancer
           Council of Victoria as a company limited by guarantee under the
           Corporations Act. The remaining provisions of the Bill come
           into operation on a day or days to be proclaimed, or on 1 October
           2015 if not proclaimed before that date.

Clause 3   defines various words and expressions used in the Bill.




571374                               1      BILL LA INTRODUCTION 19/8/2014

 


 

PART 2--ADMINISTRATION Clause 4 sets out the role and functions of the Secretary under the Bill. Clause 5 sets out the Secretary's power of delegation under the Bill. Clause 6 allows the Secretary to enter an agreement with a service provider to perform any of the functions of the Secretary under this Act. For example, the Secretary may enter an agreement with a third party to manage a register or facilitate research. The Secretary must not enter an agreement 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 the Bill and the Health Privacy Principles. PART 3--COLLECTION, USE AND DISCLOSURE OF INFORMATION Division 1--Collection of information Clause 7 allows the Secretary to collect health information about an individual for the purpose of performing the Secretary's functions under this Act. Clause 8 sets out the mandatory reporting requirements for cancer screening. For the purposes of this section, the type of cancer screening, and the persons or organisations required to report to the Secretary, will be prescribed in Regulations. The Regulations will also prescribe the form, time frame, and information to be reported. The prescribed information may be in the form of written information, images or video. Clause 9 sets out the mandatory reporting requirements for the diagnosis of cancer. For the purpose of this section, the type of cancer and type of precursors will be prescribed in Regulations. Subclause (2) provides that a diagnosis of cancer includes a diagnosis of a recurrence of a cancer or a precursor of cancer. The Regulations will also prescribe the form, time frame, and information to be reported. The prescribed information may be in the form of written information, images or video. 2

 


 

Clause 10 allows the Secretary to direct to person or organisation to provide further information in relation to an individual who has undergone cancer screening or has been diagnosed with cancer. This clause is intended to ensure the accuracy of information that is reported to the Secretary. Clause 11 allows the Secretary to collect information about Victorian residents from cancer screening registers and cancer registers maintained in other jurisdictions. This clause also provides the Secretary with authority to collect information about Victorian residents from any other source. For example, this would allow the Secretary to collect information from the Births, Deaths and Marriages Register, and the Victorian Electoral Commission, for the purpose of performing the Secretary's functions. Disclosure of information from the Births, Deaths and Marriages Register, and the Victorian Electoral Commission, would be governed by the applicable legislation. Clause 12 provides statutory protection to a person or organisation who is required to provide information in accordance with the Bill. This clause provides that the provision of information in accordance with the Bill does not constitute unprofessional conduct or a breach of professional ethics, does not make the person or organisation subject to liability and does not constitute a contravention of any other Act or law. Division 2--Management of collected information Clause 13 requires the Secretary to ensure that all information collected under the Bill is recorded and maintained on a register or registers. The intention of this clause is to require the Secretary to ensure the information is recorded on a register, and to allow flexibility in the number or type of registers maintained. For example, in the future it may be appropriate to establish new registers or integrate or add to existing registers, as science and knowledge changes resulting in new cancer screening programs. Division 3--Use and disclosure of information Clause 14 allows the Secretary to use and disclose health information collected under this Bill for the purpose of performing the Secretary's functions under this Bill. The Secretary may use and disclose health information for another purpose with the 3

 


 

consent of the individual or in accordance with Health Privacy Principle 2.2. Clause 15 allows the Secretary to also disclose information if the disclosure is for the purpose of determining whether a person has cancer or to provide follow up of a person screened for cancer. The Secretary may also disclose information about individuals screened or diagnosed for cancer in Victoria if the information is required to maintain a register in another jurisdiction. This may occur, for example, when a person moves to another jurisdiction. The Secretary is also authorised to disclose information to the Australian Institute of Health and Welfare. Clause 16 allows the Secretary to charge reasonable costs for access to information collected under the Bill. Clause 17 provides that access to health information collected under this Bill will be in accordance with the regime set out in the Health Records Act 2001. PART 4--CANCER PLAN AND EXPERT GROUPS Clause 18 requires the Minister to prepare a plan setting out the strategic policy framework for cancer in Victoria. This plan must be tabled in each House of Parliament. Clause 19 allows the Minister to establish an expert group in respect of cancer. Clause 20 allows the Minister to appoint members of an expert group by Order published in the Government Gazette. Clause 21 allows the Minister to give a written direction to an expert group to consider and report on any matter related to cancer. PART 5--REGISTRATION OF CANCER COUNCIL VICTORIA AS A COMPANY Clause 22 defines words and expressions used in this Part. This clause also adopts words and expressions used in the Corporations Act 2001 of the Commonwealth. 4

 


 

Clause 23 sets out the information required by section 5H of the Corporations Act for the registration of the Cancer Council Victoria as a company on the basis of Victorian legislation. Section 5H of the Corporations Act provides that a body is taken to be registered under that Act as a company of a particular type if a State or Territory law-- provides that the body is a deemed registration company for the purposes of the section; and specifies-- the day on which the body is to be taken to be registered (the registration day) or the manner in which that day is to be fixed; and the type of company the body is to be registered as under the Act; and the company's proposed name (unless the ACN is to be used in its name)-- and if section 5H(2) and (3) of the Corporations Act, which relate to the lodgement of certain notices and documents with the Australian Securities and Investment Commission, are satisfied. Clause 24 allows the Minister to specify a day on which the Anti-Cancer Council of Victoria (as established under the Anti-Cancer Council Act 1936 and continued by the Cancer Act 1958) 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. Clause 25 provides for the corporate continuity of the Anti-Cancer Council of Victoria. Subclause (3) provides that clause 25(1) and (2) are declared to be Corporations legislation displacement provisions for the purposes of section 5G of the Corporations Act. This is to avoid any inconsistency between the Bill and Commonwealth Corporations legislation. In particular, this is to avoid inconsistency with section 119 of the Corporations Act, which otherwise provides that a company comes into existence as a body corporate at the beginning of the day on which it is registered. 5

 


 

Clause 26 provides that on and after the registration day, a reference to the Anti-Cancer Council of Victoria is taken to be a reference to the Cancer Council Victoria. Clause 27 provides that on and after the registration day, a person holding office as a member of the Anti-Cancer Council of Victoria, or as a member of a committee of the Anti-Cancer Council of Victoria, ceases to hold that office. PART 6--GENERAL Clause 28 provides that the Governor in Council may make Regulations. PART 7--AMENDMENT AND REPEAL OF CANCER ACT 1958 Clause 29 amends the Cancer Act 1958 to allow the executive committee to take any steps required under section 5H(2) and (3) of the Corporations Act to give effect to the registration of the council as a company limited by guarantee. Clause 30 repeals the Cancer Act 1958. Clause 31 provides for the repeal of this Part. 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). PART 8--TRANSITIONAL PROVISIONS Clause 32 provides the information held on the Victorian Cancer Registry, the Cervical Register, and the BreastScreen Victoria Registry, is taken to be information collected under this Bill and may be included on a register referred to in section 13. 6

 


 

 


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