PUBLIC HEALTH AND WELLBEING ACT 2008

Victorian Current Acts

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PUBLIC HEALTH AND WELLBEING ACT 2008

TABLE OF PROVISIONS

PART 1--PRELIMINARY

1. Purpose
2. Commencement
3. Definitions
3A. Secretary may declare immunisation requirements

PART 1A--STATEMENT OF RECOGNITION AND STATEMENT OF RECOGNITION PRINCIPLES

3B. Statement of Recognition
3D. Statement of Recognition principles
3E. Effect of this Part
3F. References to Aboriginal people include Torres Strait Islanders

PART 2--OBJECTIVE, PRINCIPLES AND APPLICATION

4. Objective
5. Principle of evidence based decision-making
6. Precautionary principle
7. Principle of primacy of prevention
8. Principle of accountability
9. Principle of proportionality
10. Principle of collaboration
11. Principles applying to Part 8
11A. Principles applying to Part 9A
12. Application of Part 6 to areas outside a municipal district
13. Act binds the Crown
14. Extra-territorial operation of Divisions 2 and 8 of Part 8

PART 3--ADMINISTRATION

Division 1--The Minister and the Secretary

15. Delegation by Minister
16. Secretary body corporate
17. Role and functions of the Secretary
18. Secretary subject to direction of Minister
19. Delegation by Secretary
19A. Delegation by Secretary body corporate
19B. Committee of management
19C. Powers of the Secretary body corporate in relation to intellectual property

Division 2--The Chief Health Officer

20. Chief Health Officer
20A. Chief Health Officer's exercise of certain powers
21. Functions and powers of the Chief Health Officer
22. Power of delegation
23. Provision of staff and contractors

Division 3--Councils

24. Function of Councils
25. Secretary may require report from Council
26. Municipal public health and wellbeing plans
27. Inclusion of public health and wellbeing matters in Council Plan or Strategic Plan
28. Special powers of Secretary in a state of emergency or a pandemic

Division 4--Officers

29. Appointment of environmental health officers
30. Secretary may appoint authorised officers
31. Councils may appoint authorised officers
32. Analysts
32A. Governor in Council may appoint Detention Appeals Officers
32B. Remuneration and allowances
32C. Terms and conditions of appointment
32D. Independence of Detention Appeals Officers
32E. Detention Review Officers taken to be Detention Appeals Officers
32F. Secretary may appoint Detention Appeals Registrar

PART 4--CONSULTATIVE COUNCILS

Division 1--General provisions

33. Consultative Councils
34. Assistance to Consultative Council
35. Proceedings of a Consultative Council
36. Sub-committees
37. Operation of Consultative Councils

Division 2--Provisions applying to prescribed Consultative Councils

38. Functions of certain prescribed Consultative Councils
39. Request to provide information to prescribed Consultative Council
40. Provision of prescribed information to prescribed Consultative Council
41. Disclosure of information held by a prescribed Consultative Council
42. Confidentiality obligations applying in respect of a prescribed Consultative Council
43. Confidentiality of documents

Division 3--Provisions applying to the Consultative Council on Obstetric and Paediatric Mortality and Morbidity

44. Consultative Council on Obstetric and Paediatric Mortality and Morbidity
45. Constitution of CCOPMM
46. Functions of CCOPMM
46A. CCOPMM guidelines, compliance and reporting
47. Request to provide information in relation to the death of children
48. Report of birth
48A. Preventable harm to be reported to Secretary
48B. Confidentiality of reports under section 48A

Division 4--Provisions applying to the Victorian Perioperative Consultative Council

48C. Victorian Perioperative Consultative Council
48D. Functions of the Victorian Perioperative Consultative Council
48E. Victorian Perioperative Consultative Council guidelines, compliance and reporting
48F. Request to provide information in relation to perioperative mortality
48G. Preventable harm to be reported to Secretary
48H. Confidentiality of reports under section 48G

PART 5--GENERAL POWERS

Division 1--State Public Health and Wellbeing Plan

49. Minister to ensure preparation of State Public Health and Wellbeing Plan

Division 2--Public inquiries

50. Public inquiry
51. Conduct of public inquiry
52. Report of public inquiry

Division 3--Health Impact Assessments

53. Health Impact Assessment

Division 4--Collection and disclosure of information

54. Application of Division
55. Disclosure of information to specified persons
56. Secretary may disclose information in certain circumstances to a relevant body
57. Disclosure of information to other administrators

PART 6--REGULATORY PROVISIONS ADMINISTERED BY COUNCILS

Division 1--Nuisances

58. Application of Division
59. Effect of Division
60. Duty of Council
61. Offence of causing a nuisance
62. Notification of nuisance
63. Failure of Council to investigate complaint
64. Who can institute proceedings?
65. Power of Council to investigate nuisance outside its municipal district
66. Nuisance on unoccupied land or occupied land—occupier and owner unknown or cannot be found

Division 2--Registration of prescribed accommodation

67. Registration of prescribed accommodation
67A. Registration of lower risk prescribed accommodation

Division 3--Registration of certain businesses

68. Application of Division
69. Registration of premises—higher risk services
69A. Registration of premises—lower risk services

Division 4--General provisions relating to registration

70. Application of Division
71. Application for registration
72. Registration fees
73. Powers of the Council
73A. Information to be provided for Rooming House Register
74. Provisions applying in respect of registration
75. Registration subject to conditions
76. Powers of a Council in respect of registration
77. Council's delegation of power to refuse applications
78. Issue of replacement certificate
78A. Registration of premises may be recorded in online portal
78B. Online portal charge

PART 7--REGULATORY PROVISIONS ADMINISTERED BY THE SECRETARY

Division 1--Cooling tower systems

79. When is a cooling tower system in operation?
80. Cooling tower system must be registered
81. Applications for registration or renewal of registration
82. Powers of the Secretary
83. Processing of applications
84. Multiple cooling tower systems
85. Period of registration
86. Registration to continue pending renewal
87. Secretary to be notified of certain changes
88. Secretary to be notified of other changes
89. Cooling tower system register
90. Issue of replacement certificate
91. Owner must ensure risk management plan prepared
92. Owner must ensure risk management plan reviewed
93. Owner must ensure risk management plan audit conducted
94. Certification of approved auditors
95. Only approved auditors may conduct audits
96. Offence to impersonate approved auditor
97. Conflict of interest to be avoided
98. Secretary may declare optional variations

Division 2--Pest control

99. Use of certain pesticides prohibited
100. Exemption
101. Issue or renewal of pest control licences
102. Duration of pest control licence
103. Conditions of pest control licence
104. Application to vary pest control licence
105. Powers of Secretary
106. Form of pest control licence
107. Issue of replacement pest control licence
108. Records
109. Offences by holder of pest control licence or pest control operator
110. Offence by person who is not the holder of a pest control licence

PART 8--MANAGEMENT AND CONTROL OF INFECTIOUS DISEASES, MICRO‑ORGANISMS AND MEDICAL CONDITIONS

Division 1--Principles applying to the management and control of infectious diseases

111. Principles

Division 2--Examination and testing orders and public health orders

112. Least restrictive measure to be chosen
113. Chief Health Officer may make examination and testing order relating to infectious disease
114. Provisions applying to examination and testing orders
115. Registered medical practitioner must provide results
116. Person must comply with an examination and testing order
117. Chief Health Officer may make public health order
118. Provisions applying to public health orders
119. Registered medical practitioner must provide information requested by the Chief Health Officer
120. Person must comply with a public health order
121. Application for review by Chief Health Officer
122. Application for review by VCAT
123. Enforcement of orders
124. No action lies against registered health practitioner
125. Chief Health Officer to facilitate reasonable request for communication

Division 3--Notifiable conditions and micro‑organisms

126. Governor in Council may declare infectious diseases and micro‑organism to be notifiable
127. Notification by registered medical practitioners of notifiable conditions
128. Notification by a pathology service of a notifiable condition
129. Health service and pathology service must have processes to ensure notification
130. Notification of a notifiable micro-organism in food

Division 3A--Notification of anaphylaxis presentation

130A. Definitions
130B. Notification by anaphylaxis reporting body
130C. Secretary may provide anaphylaxis reporting information

Division 4--Closure of court or tribunal

133. Closure of court or tribunal

Division 5--Orders for tests if incident has occurred

134. Orders for tests if incident has occurred
135. Authorisation for tests
136. Chief Health Officer may disclose certain information
137. Orders and authorisations for tests by senior medical officer
138. Post test or authorisation counselling
139. Tests and test results
140. No identification to be given
141. Directions about orders or authorisations
142. No action lies against registered medical practitioner

Division 6--Reporting requirements

143. Annual report to include information about orders

Division 7--Immunisation

143A. Application of sections 143B, 143C, 143D and 143E
143B. Obligation of person in charge of early childhood service
143C. Exemption—early childhood services
143D. Secretary's guidelines in relation to exemption
143E. Periodic production of immunisation status certificate
144. Application of sections 145 and 146
145. Immunisation status certificates to be produced before attendance at primary school
146. Obligations of person in charge of primary school
147. Immunisation status certificate
148. Secretary may declare documents to be immunisation status certificates
149. Effect of immunisation status certificate
149A. Review of provisions relating to immunisation of children attending or to attend early childhood services

Division 8--Blood and tissue donations

150. Application
151. Blood donations
152. Tissue donations
153. Evidentiary
154. Liability of donors
155. False statements

Division 9--Autopsies

156. Autopsies
157. Notice of and objection to autopsy

PART 8A--PROTECTION OF LIFE AND PUBLIC HEALTH DURING PANDEMICS

Division 1--Objective and interpretation

165A. Objective of Part

Division 2--Pandemic declarations

165AB. Premier may make a pandemic declaration
165AC. Form and content of a pandemic declaration
165AD. When a pandemic declaration comes into force and ceases to be in force
165AE. Variation, extension and revocation of a pandemic declaration
165AF. Notification of the making, variation, extension or revocation of a pandemic declaration
165AG. Reporting to Parliament in relation to a pandemic declaration
165AH. Reports tabled when Parliament is not sitting

Division 3--Pandemic orders

165AI. Minister may make a pandemic order
165AJ. Pandemic order prevails over other subordinate instruments
165AK. To whom a pandemic order may apply
165AL. Minister must consult before making a pandemic order
165AM. Additional matters relating to a pandemic order
165AN. When a pandemic order comes into force and ceases to be in force
165AO. Variation, extension or revocation of a pandemic order
165AP. Publication of a pandemic order and associated documents
165AQ. Tabling in Parliament of documents relating to a pandemic order
165AR. Publication of a pandemic order in the Government Gazette

Division 4--Scrutiny, suspension and disallowance of pandemic orders

165AS. Consideration of pandemic orders by Parliament
165AT. Suspension of pandemic order or part of a pandemic order, etc.
165AU. Disallowance of pandemic order or instrument in whole or part
165AV. Effect of disallowance and Clerk to publish notice of disallowance

Division 5--Pandemic management powers

165AW. Chief Health Officer may authorise exercise of certain powers
165AX. How may an authorisation be given?
165AY. Chief Health Officer may extend authorisation
165AZ. Authorised officers may exercise public health risk powers and pandemic management powers
165B. Pandemic management order powers
165BA. Pandemic management general powers
165BB. Warning before giving a direction
165BC. Assistance

Division 4A--of Part 11 contains general provisions relating to compliance and enforcement.

Division 6--Special protections in respect of powers of detention

165BD. When detention commences
165BE. Requirement to isolate or quarantine not of itself detention
165BF. Pandemic management powers that involve detention
165BG. Authorised officers must facilitate communication and review detention
165BH. Reports by authorised officers to Chief Health Officer about exercise of pandemic management powers that involve detention
165BI. Review of certain decisions in relation to detention
165BIA. Secretary and Detention Appeals Registrar to provide relevant information and assistance to Detention Appeals Officers
165BJ. Detention Appeals Officer must decide applications
165BL. Detention not unlawful merely because of a decision on review
165BM. Detention guidelines and standards

Division 6A--Offences, penalties and related matters

165BN. Failure to comply with pandemic order, direction or other requirement

Division 7--Information sharing

165BR. Secretary and Chief Health Officer may collect, use and disclose information
165BS. Provision of information etc. is authorised by law
165BT. Pandemic information determination
165BU. Information Commissioner may make a pandemic information determination
165BV. Effect of a pandemic information determination
165BW. Duration of a pandemic information determination
165BX. Variation of a pandemic information determination
165BY. Revocation of a pandemic information determination
165BZ. Procedures before variation or revocation of a pandemic information determination
165C. Publication of a pandemic information determination and an instrument of variation or revocation

Division 8--Safeguards for contact tracing information

165CA. Objective
165CB. Meaning of contact tracing information
165CC. Offence to use or disclose contact tracing information
165CD. When a use or disclosure of contact tracing information is authorised

Division 9--Independent Pandemic Management Advisory Committee

165CE. Establishment of Independent Pandemic Management Advisory Committee
165CF. Functions of an Independent Pandemic Management Advisory Committee
165CG. Tabling in Parliament of reports

Division 10--Interaction between a state of emergency and a pandemic and other matters

165CH. Application of Division
165CI. Authorised officers
165CJ. Directions of Chief Health Officer
165CK. Directions and actions other than in relation to detention
165CL. Directions and actions in relation to detention
165CM. Exemptions in relation to detention
165CN. Secretary may appoint authorised officers
165CO. Limitation on the powers that may be conferred on authorised officers appointed as permitted by section 165CN

Division 11--Other matters

165CP. Interaction of powers
165CQ. Interaction between pandemic order and other directions
165CR. Certain instruments are not legislative instruments
165CS. Minister must establish and maintain a Pandemic Order Register
165CT. Disapplication of certain requirements in relation to certain incorporated matter
165CU. Immunity
165CV. Gazette notices
165CW. Invalidity of declaration not to affect validity of things done
165CX. Independent review of Part

PART 8B--CONCESSIONAL INFRINGEMENT SCHEME

165CY. Eligible offences
165CZ. Application for determination
165D. Application to be made before certain enforcement related events
165DA. Verification of information supplied in application
165DB. Suspension of enforcement action for infringement offence the subject of application
165DC. Determination of eligible person and infringement penalty reduction
165DD. Director must give notice if applicant is an eligible person
165DE. Director must give notice if applicant is not an eligible person

PART 9--AUTHORISED OFFICERS

Division 1--General

166. Production of identity card
167. Power to request information

Division 2--Powers of entry

168. Power to enter—risk to public health
169. Power to enter—monitoring compliance or investigating
170. Issue of search warrants

Division 3--Procedure for entry

171. Announcement before exercising power of entry
172. Notice if power of entry exercised without owner or occupier being present
173. Announcement before entry on warrant
174. Copy of warrant to be given to occupier

Division 4--Powers after entry

175. General powers of authorised officers
176. Power to direct persons to produce documents, operate equipment or answer questions
177. Authorised officers to give receipts for seized things and samples taken
178. Copies of seized documents
179. Retention and return of seized documents or things
180. Magistrates' Court may extend 3 month period
181. Forfeiture and destruction of seized things
182. Secretary or Council may cause forfeited things to be destroyed or otherwise disposed of

Division 5--Offences and complaints

183. Offence to hinder or obstruct authorised officer
184. Offence to impersonate authorised officer
185. Complaints

PART 9A--SAFE ACCESS TO PREMISES AT WHICH ABORTIONS ARE PROVIDED

185A. Purpose
185B. Definitions
185C. Principles
185D. Prohibited behaviour
185E. Offence to publish or distribute recording
185F. Search warrant
185G. Seizure of things not mentioned in the warrant
185H. Announcement before entry

PART 10--PROTECTION AND ENFORCEMENT PROVISIONS

Division 1--Powers to investigate, eliminate or reduce public health risks

187. Restriction on entry to residential premises
188. Chief Health Officer may direct a person to provide information
188A. Chief Health Officer may request transfer and further analysis of sample or isolate
189. Powers in the case of a risk to public health
190. Public health risk powers
191. How may an authorisation be given?
192. Assistance
193. Compliance with direction or requirement

Division 2--Improvement notices and prohibition notices

194. Secretary or Council may issue improvement notice or prohibition notice
195. Proceedings for offences not affected by notices
196. Injunction for non-compliance with improvement notice or prohibition notice
197. Special provisions relating to nuisances

Division 3--Emergency powers

198. Declaration of a state of emergency
199. Chief Health Officer may authorise exercise of certain powers
200. Emergency powers
200A. Information to be given to detained persons
200B. Applications may be made for review of certain decisions in relation to a person subject to detention
200BA. Secretary and Detention Appeals Registrar to provide relevant information and assistance to Detention Appeals Officers
200C. Detention Appeals Officer must decide applications
200E. Detention not unlawful merely because of a decision on review
201. How may an authorisation be given?
202. Assistance
203. Compliance with direction or other requirement
204. Compensation

PART 11--GENERAL PROVISIONS

Division 1--Reviews and appeals

205. Review by a Council
206. Review by the Secretary
207. Review by VCAT
208. Appeal against improvement notice or prohibition notice

Division 2--Infringements

209. Infringements

Division 3--Offences

210. False or misleading information
211. Destroying or damaging records
212. Protection against self-incrimination
212A. Abrogation of privilege against self-incrimination
213. Legal professional privilege and client legal privilege not affected
214. Offences by corporations
215. Persons who are liable for offences

Division 4--Proceedings and legal matters

216. Responsible agency for the Crown
217. Infringement and other notices may be issued to the Crown
218. Proceedings against successors to public bodies
219. Power to bring proceedings
220. Time within which proceedings for offences may be brought
221. Service of notices, orders and other documents
222. Validity and effect of notices, orders and other documents
223. Evidence of signatures
224. Certificate of examination and analysis
225. Evidentiary certificate signed by the Secretary
226. Evidentiary certificate signed by Chief Executive Officer of a Council
227. Protection of person giving certain information
227AA. Immunity

Division 4A--General provisions relating to assistance powers

227A. Provisions relating to requests for assistance
227B. Assistance by police officers

Division 5--Costs

228. Recovery of costs
229. Actions to ensure compliance with direction, requirement or notice
230. Cost recovery in respect of failure to comply with direction, requirement or notice
231. Expenses recoverable by a Council in the abatement of any nuisance

Division 5A--Compliance and enforcement policy

231A. Secretary may develop compliance and enforcement policy

Division 6--Regulations

232. General
233. Consultative Councils
234. General requirements relating to public health and wellbeing
235. Nuisances, prescribed accommodation and registered premises
236. Cooling tower systems
237. Pest control
238. Management and control of infectious disease, micro-organisms and medical conditions
238A. Fees payable in relation to quarantine detention
238B. Waiver of fees payable in relation to quarantine detention
238C. Payment of fees
238D. Certain requirements under Subordinate Legislation Act 1994 disapplied
239. Fees

PART 12--MISCELLANEOUS

Division 1--General

240. Supreme Court—limitation of jurisdiction
241. Repeal of certain provisions
242. Repeal and saving
243. Transitional provisions—Health Act 1958
244. Transitional provisions for blood and tissue donations
245. Saving and transitional—Cooling tower systems
246A. Abolition of body corporate known as Secretary to the Department of Human Services
246B. Action by Registrar of Titles
246C. Taxes
246D. Property etc. vests subject to encumbrances
246E. Periodic registrations
247. Transitional provision—Repeal of Part 14—detention has not ended or invoice not given
248. Transitional provision—Repeal of Part 14—application for waiver of fees
248A. Transitional provision—Meaning of quarantined person
248B. Transitional provision—Payment reminder notices for unpaid quarantine detention fees
248C. Authorised officers appointed under old section 30(1A)
248CA. Applications made under old section 200B
248E. Transitional provision—Public Health and Wellbeing Amendment Act 2022
248F. Transitional provision—Public Health and Wellbeing Amendment Act 2022

PART 14--FEES RELATING TO DETENTION IN QUARANTINE DURING COVID‑19 PANDEMIC

255. Definitions
256. Meaning of quarantined person
257. Liability to pay quarantine detention fees
258. COVID-19 Quarantine Victoria to invoice quarantined persons for fees relating to detention
258A. COVID-19 Quarantine Victoria may obtain contact details required
259. Waiver of fees—application
260. Verification of waiver application information by statutory declaration
260A. Waiver of fees—own initiative
260B. Issue of first payment reminder notice
260C. Issue of further payment reminder notice
260D. Further payment reminder notice fee
261. Payment of fees
262. Recovery of unpaid fees
263. Delegation
SCHEDULE
ENDNOTES

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