Victorian Current Acts

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


   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  


           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  


           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  


           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  


           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  


           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  


           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  


           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  


   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  


           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  


   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  


           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  


           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  


           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  
   248D.   Transitional regulations  
   248E.   Transitional provision—Public Health and Wellbeing Amendment Act 2022  
   248F.   Transitional provision—Public Health and Wellbeing Amendment Act 2022  


   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  

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