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PUBLIC HEALTH AND WELLBEING ACT 2008 - SECT 3

Definitions

    (1)     In this Act—

"abatement" when used in relation to nuisance, includes removal and discontinuance;

S. 3(1) def. of age appropriately immunised inserted by No. 55/2015 s. 4, substituted by No. 4/2018 s. 16.

"age appropriately immunised" in relation to a child means that—

        (a)     the child meets the immunisation requirements set out in section 6
of the A New Tax System (Family Assistance) Act 1999
of the Commonwealth; or

        (b)     the child meets the immunisation requirements declared by the Secretary under section 3A for the purposes of this definition;

"analysis" includes any bacteriological, biochemical, biological, chemical, electrical, microscopical, pathological, physical or other test for ascertaining the nature, composition or quality of any substance analysed for the purposes of this Act;

"analyst" means a person appointed as an analyst under section 32;

"approved auditor" means an auditor certified by the Secretary under section 94;

"approved form" means a form approved by the Secretary;

S. 3(1) def. of authorised officer amended by No. 29/2011 s. 3(Sch. 1 item 75.1).

"authorised officer" means a person appointed—

        (a)     by a Council to be an environmental health officer under section 29; or

        (b)     by the Secretary to be an authorised officer under section 30; or

        (c)     subject to section 31, by a Council under section 224(1) of the Local Government Act 1989 to be an authorised officer for the purposes of this Act;

S. 3(1) def. of beauty therapy amended by No. 11/2015 s. 3(a).

"beauty therapy" means a procedure, not including any surgical or medical procedure, intended to maintain, alter or enhance a person's appearance, including by—

        (a)     facial or body treatment;

    *     *     *     *     *

        (c)     manicure or pedicure;

        (d)     application or mending of artificial nails;

        (e)     epilation, including by electrolysis or hot or cold wax—

but does not include hairdressing, tattooing or skin penetration;

"birth" means a birth or stillbirth that is required to be registered under the Births, Deaths and Marriages Registration Act 1996 ;

S. 3(1) def. of brothel amended by No. 63/2010 s. 81(Sch. item 9.1).

"brothel" has the same meaning as in section 3(1) of the Sex Work Act 1994 ;

"brothel proprietor" means the proprietor of the brothel or the person in charge of the brothel;

"business" includes trade, manufacture, process or occupation;

"CCOPMM" means the Consultative Council on Obstetric and Paediatric Mortality and Morbidity continued under section 44;

"Chief Health Officer" means the person appointed as Chief Health Officer under section 20;

child means a person under 18 years of age;

Note

See also subsection (2).

"children's services centre" means any premises or place where a children's service within the meaning of section 3(1) of the Children's Services Act 1996 operates;

"colonic irrigation" means—

        (a)     a process involving the use of a fluid to cleanse the colon of a person; or

        (b)     a process involving the insertion of a tube into the colon of a person for the purpose of cleansing the colon;

S. 3(1) def. of community transmission inserted by No. 24/2020 s. 3(1).

"community transmission", in relation to COVID‑19, means transmission of COVID‑19 to one or more persons from an infected person or other source, in circumstances where the infected person or other source has not been identified.

"Consultative Council" means—

        (a)     a Consultative Council established or appointed under section 33; and

        (b)     CCOPMM;

"cooling tower" means a device for lowering—

        (a)     the temperature of recirculated water by bringing the water into contact with fan forced, or fan induced, atmospheric air; or

        (b)     the temperature of water, a refrigerant or other fluid in a pipe or other container by bringing recirculated water and fan forced, or fan induced, atmospheric air into contact with the pipe or container—

but does not include an evaporative air cooler or evaporative air conditioner;

"cooling tower system" means—

        (a)     a cooling tower, or a number of interconnected cooling towers that use the same recirculating water; and

        (b)     any machinery that is used to operate the tower or towers; and

        (c)     any associated tanks, pipes, valves, pumps or controls;

S. 3(1) def. of Council amended by No. 9/2020 s. 390(Sch. 1 item 82.1).

"Council" has the same meaning as in section 3(1) of the Local Government Act 2020 ;

"Council Chairperson" means the Chairperson of a Consultative Council;

"day procedure centre" has the same meaning as in section 3(1) of the Health Services Act 1988 ;

"denominational hospital" has the same meaning as in section 3(1) of the Health Services Act 1988 ;

S. 3(1) def. of Department amended by Nos 29/2010 s. 3(a), 22/2019 s. 7(1).

"Department" means the Department of Health and Human Services;

dependant of a deceased person means—

        (a)     a person who was the spouse or domestic partner of the person at the date of the person's death;

        (b)     a child of the person;

        (c)     any other person who—

              (i)     was, at the date of the person's death, wholly or partially dependant on the person for financial support; or

              (ii)     would, at the date of the person's death, have been wholly or partially dependant on the person for financial support, but for the incapacity due to the injury which led to the death;

"domestic partner" of a person means—

        (a)     a person who is in a registered relationship with the person; or

Note

A registered relationship is defined in subsection (3).

        (b)     a person to whom the person is not married but with whom the person is living as a couple on a genuine domestic basis (irrespective of gender);

donor means—

        (a)     in the case of blood, a person who gives blood—

              (i)     at the premises of the Society or at a health service; or

              (ii)     under the supervision of the Society or a health service, at any other premises; or

        (b)     in the case of tissue, a person, whether living or dead, from whom the tissue is taken;

S. 3(1) def. of early childhood service inserted by No. 55/2015 s. 4, amended by No. 37/2019 s. 21.

"early childhood service" means the following—

        (a)     an education and care service within the meaning of section 5(1) of the Education and Care Services National Law (Victoria) but does not include—

              (i)     an outside school hours care service or a school holiday care service; or

              (ii)     any part of an education and care service that is an outside school hours care service or a school holiday care service;

        (b)     a children's service that is approved under Part 3 of the Children's Services Act 1996 and is of a class prescribed to be an early childhood service for the purposes of Division 7 of Part 8 of this Act;

S. 3(1) def. of education and care service premises inserted by No. 80/2011 s. 79(Sch. item 5.1).

"education and care service premises" means a place where an education and care service within the meaning of the Education and Care Services National Law (Victoria) educates or cares for children;

"emergency powers" means the powers specified in section 200;

"environmental health officer" means a person appointed as an environmental health officer by a Council under section 29;

S. 3(1) def. of escort agency amended by No. 63/2010 s. 81(Sch. item 9.1).

"escort agency" has the same meaning as in section 3(1) of the Sex Work Act 1994 ;

"escort agency proprietor" means the proprietor of the escort agency or the person in charge of the escort agency;

"examination and testing order" means an order made under section 113;

S. 3(1) def. of family violence inserted by No. 19/2017 s. 59.

"family violence" has the same meaning as in section 4 of the Family Violence Protection Act 2008 ;

"firm" means an unincorporated body of persons associated together for the purposes of carrying on business;

"hairdressing" means any procedure, not being a surgical or medical procedure, intended to maintain, alter or enhance a person's appearance in relation to their facial or scalp hair including by cutting, trimming, styling, colouring, treating or shaving the hair;

"health service" means—

        (a)     a day procedure centre;

        (b)     a denominational hospital;

        (c)     a multi purpose service;

        (d)     a private hospital;

        (e)     a public hospital

and has effect in the context in which the term is used as if each of the services set out above referred to the premises on which the service is conducted or the proprietor of that service as required;

"health service provider" has the same meaning as in section 3(1) of the Health Records Act 2001 ;

"HIV" means the human immuno-deficiency virus which is a causative agent of the acquired immune deficiency syndrome and other related conditions;

"immunisation status certificate" means a document specified in section 147;

"immunised" means immunised as defined
by the regulations in respect of each vaccine‑preventable disease;

"improvement notice" means an improvement notice issued under section 194;

"infectious disease" includes a human illness or condition due to a specific infectious agent or its toxic products that arises through transmission of that agent or its products from an infected person, animal or reservoir to a susceptible person, either directly or indirectly through an intermediate plant or animal host, vector or the inanimate environment;

S. 3(1) def. of information amended by No. 60/2014 s. 140(Sch. 3 item 39).

"information" includes—

        (a)     personal information within the meaning of the Privacy and Data Protection Act 2014 ; and

        (b)     health information within the meaning of the Health Records Act 2001 ;

"infringement notice" means an infringement notice issued in accordance with section 209;

"isolation" means the segregation and separation of persons who are infected or suspected of being infected from other persons;

laboratory service has the meaning given by section 130(9);

"licence holder" means a person who holds a pest control licence;

S. 3(1) def. of midwife substituted by No. 13/2010 s. 51(Sch. item 44.1(a)).

"midwife "means a person registered under the Health Practitioner Regulation National Law—

        (a)     to practise in the nursing and midwifery profession as a midwife (other than as a student); and

        (b)     in the register of midwives kept for that profession;

"multi purpose service" has the same meaning as in section 3(1) of the Health Services Act 1988 ;

S. 3(1) def. of municipal district amended by No. 9/2020 s. 390(Sch. 1 item 82.1).

"municipal district" has the same meaning as in section 3(1) of the Local Government Act 2020 ;

"notifiable condition" means—

        (a)     an infectious disease that is declared to be a notifiable condition by an Order in Council made under section 126; or

        (b)     an infectious disease that is prescribed to be a notifiable condition; or

        (c)     a medical condition that is prescribed to be a notifiable condition;

"notifiable micro-organism" means a micro‑organism that is—

        (a)     declared to be a notifiable micro‑organism by an Order in Council made under section 126; or

        (b)     prescribed to be a notifiable micro‑organism;

"notification details" means—

        (a)     in relation to a medical condition, infectious disease or a micro-organism that is prescribed by the regulations to be a notifiable condition or notifiable micro-organism, the prescribed details to be included with a notification of that notifiable condition or micro-organism; and

        (b)     in relation to an infectious disease or a micro-organism that is declared by an Order in Council made under section 126 to be a notifiable condition or notifiable micro-organism, the details required by the Order in Council to be included with a notification of that infectious disease or micro-organism;

S. 3(1) def. of nurse inserted by No. 13/2010 s. 51(Sch. item 44.1(c)).

"nurse" means a person registered under the Health Practitioner Regulation National Law to practise in the nursing and midwifery profession as a nurse (other than as a midwife or as a student);

"occupier", in relation to premises, means a person who appears to be of or over 16 years of age and who is, or appears to be, in control of the premises;

"Order in Council" means an Order made by the Governor in Council and published in the Government Gazette;

"owner", in relation to a cooling tower system, means—

        (a)     the person who owns, manages or controls the cooling tower system; or

        (b)     the person in charge of the cooling tower system;

"owner", in relation to land—

        (a)     which has been alienated in fee by the Crown and is under the operation of the   Transfer of Land Act 1958 (other   than land in an identified folio under that Act), means the person who is registered or entitled to be registered as proprietor, or the persons who are registered or entitled to be registered as proprietors, of an estate in fee simple in the land;

        (b)     which has been alienated in fee by the Crown and is land in an identified folio under the Transfer of Land Act 1958 or land not under the operation of the Transfer of Land Act 1958 , means the person who is the owner, or the persons who are the owners, of the fee or equity of redemption;

        (c)     which is Crown land reserved under the Crown Land ( Reserves ) Act 1978 and managed or controlled by a committee of management, means the Minister administering that Act;

        (d)     which is any other Crown land, means the Minister or public authority that manages or controls the land;

"parent" includes—

        (a)     a step-parent;

        (b)     an adoptive parent;

        (c)     a foster parent;

        (d)     a guardian;

        (e)     a person who has custody or daily care and control;

        (f)     a person who has all the duties, powers and responsibilities and authority (whether conferred by a court or otherwise) which by law parents have in relation to children;

"pathology service" means a service in which human tissue, human fluids or human body products are subjected to analysis for the purposes of the prevention, diagnosis or treatment of disease in human beings;

"person" includes a body or association (corporate or unincorporate) and a partnership and, in Division 2 of Part 7, also includes a firm;

S. 3(1) def. of person in charge inserted by No. 55/2015 s. 4.

"person in charge" in relation to an early childhood service means—

        (a)     in the case of an education and care service within the meaning of section 5(1) of the Education and Care Services National Law (Victoria), the approved provider within the meaning of that section;

        (b)     in the case of a service that is licensed under Part 3 of the Children's Services Act 1996 , the proprietor within the meaning of section 3(1) of that Act;

"pest" includes any animal or other biological entity (not being a human being or a plant) which injuriously affects, or is likely to injuriously affect, a person, a person's property or a person's use or enjoyment of a place;

"pest control licence" means a licence issued or renewed by the Secretary under section 101;

"pest control operator" means a person who carries on or holds themselves out in any way as carrying on the business of controlling, destroying or repelling pests;

"pesticide" means—

        (a)     any agricultural chemical product within the meaning of the Agricultural and Veterinary Chemicals (Control of Use) Act 1992 ; and

        (b)     any substance prescribed as a pesticide for the purposes of this definition;

S. 3(1) def. of police officer inserted by No. 37/2014 s. 10(Sch. item 136.1), amended by No. 21/2015 s. 3(Sch. 1 item 43).

police officer has the same meaning as in the Victoria Police Act 2013 ;

"premises" includes—

        (a)     land (whether or not vacant);

        (b)     the whole or any part of a building, tent, stall or other structure (whether of a permanent or temporary nature);

        (c)     a pontoon;

        (d)     a vehicle;

        (e)     a caravan or camper-trailer;

"prescribed" means prescribed by the regulations;

"prescribed accommodation" means any of the following which is prescribed, or is of a class which is prescribed, to be prescribed accommodation

        (a)     any area of land which a person or persons are frequently, intermittently or seasonally permitted to use for camping on payment of consideration and any facilities provided on the land for the use of that person or those persons;

        (b)     any premises used as a place of abode, whether temporary or permanent, fixed or mobile, where a person or persons can be accommodated on payment of consideration;

        (c)     any accommodation provided to an employee in accordance with a term of an award governing the employment of the employee, or a term of the employee's contract of service, for use by the employee during that employment or service;

"prescribed Consultative Council" means—

        (a)     a Consultative Council which is prescribed to be a prescribed Consultative Council for the purposes of Division 2 of Part 4; and

        (b)     CCOPMM;

S. 3(1) def. of prescribed disease repealed by No. 22/2019 s. 4(1).

    *     *     *     *     *

"prescribed senior officer" means a person who is of a prescribed class of persons, being a person who is employed under Part 3 of the Public Administration Act 2004 other than as an executive within the meaning of section 4(1) of that Act;

"primary school" means a registered school wholly or partly attended by children between 5 and 11 years of age;

"private hospital" has the same meaning as in section 3(1) of the Health Services Act 1988 ;

"prohibition notice" means a prohibition notice issued under section 194;

"proprietor", in respect of—

        (a)     prescribed accommodation, means the person providing the prescribed accommodation;

        (b)     a day procedure centre or a private hospital, means—

              (i)     if the day procedure centre or private hospital is run on a not-for-profit basis, the authority or body of persons conducting the day procedure centre or private hospital;

              (ii)     in any other case, the owner (whether a natural person or a body corporate) of the day procedure centre or private hospital;

        (c)     a denominational hospital, multi purpose service or public hospital, means the body corporate that conducts the denominational hospital, multi purpose service or public hospital;

"public health order" means an order made under section 117;

"public health risk powers" means the powers specified in section 190;

"public hospital" means—

        (a)     a public health service within the meaning of the Health Services Act 1988 ;

        (b)     a public hospital within the meaning of the Health Services Act 1988 ;

"public inquiry" means a public inquiry conducted under section 50;

S. 3(1) def. of registered health practitioner substituted by Nos 13/2010 s. 51(Sch. item 44.1(d)), 27/2012 s. 22.

"registered health practitioner" means a person registered under the Health Practitioner Regulation National Law to practise a health profession other than as a student;

S. 3(1) def. of registered medical practitioner substituted by No. 13/2010 s. 51(Sch. item 44.1(d)).

"registered medical practitioner "means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);

S. 3(1) def. of registered nurse repealed by No. 13/2010 s. 51(Sch. item 44.1(b)).

    *     *     *     *     *

S. 3(1) def. of registered pharmacist substituted by No. 13/2010 s. 51(Sch. item 44.1(e)).

"registered pharmacist" means a person registered under the Health Practitioner Regulation National Law to practise in the pharmacy profession (other than as a student);

S. 3(1) def. of registered premises amended by No. 11/2015 s. 3(b).

"registered premises" means premises registered under section 69 or 69A;

"registration holder" means the holder of a registration issued, transferred or renewed under Division 4 of Part 6;

"regulations" means regulations made under this Act;

"risk management plan" means a risk management plan prepared in accordance with section 91;

"risk management plan audit" means an audit, carried out in accordance with section 93, of a risk management plan that was prepared under section 91;

"risk management requirements" includes requirements made under this Act or the regulations that relate to—

        (a)     the preparation, content, review and audit of a risk management plan;

        (b)     the construction, installation, operation, maintenance, repair, service and testing of a cooling tower system;

        (c)     control measures used in respect of a cooling tower system;

"sample" includes part of a sample;

S. 3(1) def. of Secretary substituted by No. 29/2010 s. 3(b).

"Secretary" means the Department Head (within the meaning of the Public Administration Act 2004 ) of the Department;

S. 3(1) def. of Secretary body corporate inserted by No. 29/2010 s. 3(c).

"Secretary body corporate" means the body corporate established by section 16;

"serious risk to public health" means a material risk that substantial injury or prejudice to the health of human beings has or may occur having regard to—

        (a)     the number of persons likely to be affected;

        (b)     the location, immediacy and seriousness of the threat to the health of persons;

        (c)     the nature, scale and effects of the harm, illness or injury that may develop;

        (d)     the availability and effectiveness of any precaution, safeguard, treatment or other measure to eliminate or reduce the risk to the health of human beings;

"sex worker" means a person who personally provides sexual services to or for another person (whether or not of a different sex) in return for payment or reward;

S. 3(1) def. of sexual services amended by No. 63/2010 s. 81(Sch. item 9.1).

"sexual services" has the same meaning as in section 3(1) of the Sex Work Act 1994 ;

"skin penetration" means any procedure performed on a living human being, not being a surgical or medical procedure, involving piercing, cutting, scarring, branding, scraping, puncturing or tearing of their skin or mucous membrane using an instrument but does not include tattooing;

"Society" means the Society incorporated by Royal Charter under the name of Australian Red Cross Society;

"specified infectious disease" means—

        (a)     HIV;

        (b)     any form of hepatitis which may be transmitted by blood or body fluid;

        (c)     an infectious disease prescribed to be a specified infectious disease;

"spouse" of a person means a person to whom the person is married;

"state of emergency" means a state of emergency declared under section 198;

"stillbirth" means the birth of a stillborn child;

"substance" includes any article or compound;

S. 3(1) def. of surgical or medical procedure amended by No. 13/2010 s. 51(Sch. item 44.2).

"surgical or medical procedure" means a surgical or medical procedure performed—

        (a)     by a registered medical practitioner or a nurse or midwife; or

        (b)     by a person under the supervision of a registered medical practitioner or a nurse or midwife;

"tattooing" means any process involving penetrating a person's skin for the purpose of inserting colour pigments—

        (a)     to make a permanent mark, pattern or design on the skin; or

        (b)     to make a semi-permanent mark, pattern or design on the skin including the process of applying semi-permanent make-up or cosmetic tattooing;

"test", in Part 8, means diagnostic procedure;

"tissue" has the same meaning as in section 3(1) of the Human Tissue Act 1982 ;

"vaccine-preventable disease" means a vaccine‑preventable disease prescribed for the purposes of Division 7 of Part 8;

vehicle means any means of transport, whether self-propelled or not, and whether used on land or sea or in the air.

    (2)     In this Act, a reference to a child of a deceased person is a reference to a child of the deceased person or of the deceased person's surviving spouse or domestic partner.

    (3)     For the purposes of the definition of domestic partner in subsection (1)—

        (a)     registered relationship has the same meaning as in the Relationships Act 2008 ; and

        (b)     in determining whether persons who are not in a registered relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case.

S. 3(4) inserted by No. 24/2020 s. 3(2).

    (4)     Without limiting the definition of serious risk to public health in subsection (1), for the purposes of Division 3 of Part 10 COVID-19 may pose a material risk of substantial injury or prejudice to the health of human beings even when the rate of community transmission of COVID-19 in Victoria is low or there have been no cases of COVID-19 in Victoria for a period of time.

S. 3A inserted by No. 4/2018 s. 17.



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