Victorian Numbered Acts

PUBLIC HEALTH AND WELLBEING ACT 2008 (NO. 46 OF 2008)

TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Purpose  
   2.      Commencement  
   3.      Definitions  

   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  
   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  
   17.     Role and functions of the Secretary  
   18.     Secretary subject to direction of Minister  
   19.     Delegation by Secretary  

           Division 2--The Chief Health Officer

   20.     Chief Health Officer  
   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  

           Division 4--Officers

   29.     Appointment of environmental health officers  
   30.     Secretary may appoint authorised officers  
   31.     Councils may appoint authorised officers  
   32.     Analysts  

   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  
   47.     Request to provide information in relation to the death of children  
   48.     Report of birth  

   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 districts  
   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  

           Division 3--Registration of certain businesses

   68.     Application of Division  
   69.     Registration of premises  

           Division 4--General provisions relating to registration

   70.     Application of Division  
   71.     Application for registration  
   72.     Registration fees  
   73.     Powers of the Council  
   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  

   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 4--HIV and other prescribed diseases

   131.    Information to be given to a person requesting a test for HIV or any other prescribed disease  
   132.    Information to be provided if results of test are positive  
   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

   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.    Issuing of immunisation status certificate  
   149.    Effect of immunisation status certificate  

           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 10--Brothels and escort agencies

   158.    Provision and storage of condoms  
   159.    Use of condoms  
   160.    Refusal of service  
   161.    Evidence of medical examination  
   162.    Information to sex workers and clients  
   163.    Clean linen and towels  
   164.    Showers and baths  
   165.    Inspections and interviews  

   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  
   186.    Investigation by Ombudsman  

   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  
   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  
   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  
   213.    Legal professional 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  

           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 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  
   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  
   246.    Transitional regulations  

           Division 2--Amendments to other Acts

   247.    Births, Deaths and Marriages Registration Act 1996  
   248.    Building Act 1993  
   249.    Cemeteries and Crematoria Act 2003  
   250.    Coroners Act 1985  
   251.    Food Act 1984—Amendment of section 4(1)  
   252.    Food Act 1984—Section 6 substituted  
   253.    Food Act 1984—Section 20  
   254.    Food Act 1984—Section 38  
   255.    Food Act 1984—New section 39C inserted  
   256.    Food Act 1984—Section 40  
   257.    Food Act 1984—Sections 45AA to 45AC inserted  
   258.    Food Act 1984—Sections 50AA, 50AB and 50AC inserted  
   259.    Food Act 1984—Amendment of section 51  
   260.    Food Act 1984—Amendment of section 55  
   261.    Food Act 1984—Section 59 substituted and sections 59A to 59C inserted  
   262.    Health Act 1958—Section 5 substituted  
   263.    Health Act 1958—Section 29B substituted  
   264.    Health Act 1958—New section 162FAA inserted  
   265.    Health Act 1958—Other amendments  
   266.    Radiation Act 2005  

           Division 3--Amendment of Victorian Civil and Administrative Tribunal Act 1998

   267.    Amendment of Schedule 1  

           Division 5--of Part 4 does not apply.

           Division 4--Consequential amendments to other Acts

   268.    Agricultural and Veterinary Chemicals (Control of Use) Act 1992  
   269.    Ambulance Services Act 1986  
   270.    Australian Grands Prix Act 1994  
   271.    Building Act 1993  
   272.    Crimes Act 1958  
   273.    Dairy Act 2000  
   274.    Dangerous Goods Act 1985  
   275.    Drugs, Poisons and Controlled Substances Act 1981  
   276.    Health Professions Registration Act 2005  
   277.    Health Services Act 1988  
   278.    Infertility Treatment Act 1995  
   279.    Land Tax Act 2005  
   280.    Meat Industry Act 1993  
   281.    Mental Health Act 1986  
   282.    Prince Henry's Institute of Medical Research Act 1988  
   283.    Prostitution Control Act 1994  
   284.    Road Safety Act 1986  
   285.    Safe Drinking Water Act 2003  
   286.    Seafood Safety Act 2003  
   287.    Sentencing Act 1991  
   288.    Summary Offences Act 1966  
   289.    Terrorism (Community Protection) Act 2003  
   290.    Therapeutic Goods (Victoria) Act 1994  
   291.    Tobacco Act 1987  
   292.    Water Act 1989  

           Division 5--Repeal

   293.    Repeal of Divisions 2, 3 and 4 and this Division  
           --Divisions 2, 3 and 4 and this Division are repealed on 1 July 2011.
           SCHEDULE
           ENDNOTES