Victorian Numbered Acts

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

No. 46 of 2008

__________________

Victoria

Public Health and Wellbeing Act 2008^[†]

No. 46 of 2008

[Assented to 2 September 2008]

^[†]     Minister's second reading speech—

    Legislative Assembly: 8 May 2008

    Legislative Council: 26 June 2008

    The long title for the Bill for this Act was "A Bill for an Act to enact a new legislative scheme which promotes and protects public health and wellbeing in Victoria, to amend the Health Act 1958, the Food Act 1984 and certain other Acts, to repeal the Health Act 1958 and consequentially amend certain other Acts and for other purposes."

        Constitution Act 1975:

    Section 85(5) statement:

    Legislative Assembly: 8 May 2008

    Legislative Council: 26 June 2008

    Absolute majorities:

    Legislative Assembly: 26 June 2008

    Legislative Council: 21 August 2008

INDEX

Subject	Section
Accommodation
failure to register	67
prescribed accommodation (def.)	3
regulations	235
transitional provision	243
Act
amendment of other Acts	241, 247–292
application of Part 6	12
commencement	2
Crown bound by	13
extra-territorial operation of Divisions 2, 8 of Part 8	14
guiding principles	5–10
objective	4
purpose	1
repeal of Divisions 2 to 5 of Part 12	293
repeal of Health Act 1958	242
savings and transitional provisions	242–246
Analysts	32
Authorised officers
appointment	30, 31
Chief Health Officer as	20
complaints regarding	185, 186
definition	3
general powers	175
hindrance, obstruction of	183
identity cards	30, 166
impersonation of	184
powers and duties regarding
arrest warrants	123
entry without warrants	168, 169, 171, 172
examination and testing orders, public health orders	123
forfeiture of seized items	181
inspection, interviews in brothels	165
production of documents	176
prosecution of offences	219
public health risk powers	190, 192
request for information	167
retention, return of seized items	179, 180
search warrants	170, 173, 174
seizure of documents, items	177–180
states of emergency	200, 202, 229
Autopsies	156, 157
Subject	Section
Blood and tissue donations
actions, defences for claims of infection as result of	151, 152, Sch.
application of Division 8 of Part 8	150
donors (def.)	3
evidentiary provisions	153
false statements	155, Sch.
liability of donors	154
transitional provision	244
Brothels, escort agencies
brothel proprietor (def.)	3
clean linen, towels	163
definition of brothel	3
definition of escort agencies	3
display of medical examination of sex workers	161
information regarding sexually transmitted diseases	162
inspection, interviews	165
provision, storage of condoms	158
refusal of service	160
showers, baths	164
use of condoms	159
Business (def.)	3
Care-givers, custodians	134
Chief Health Officer
appointment	20
definition	3
delegation	22
exercise of authorised officer's powers	20
functions, powers	21
identity card	20
powers, duties regarding
autopsies	156, 157
disclosure of information	57
Health Impact Assessments	53
infectious diseases	113, 114, 117–119, 121, 125, 134–136, 139–141, 143
injunctions for non-compliance with improvement notices, prohibition notices	196
public health risks	188, 189, 191, 201, 229
staff, contractors	23
states of emergency	198–201, 229
Child (def.)	3
Children's services centres (def.)	3
Condoms See Brothels, escort agencies
Subject	Section
Consultative Council on Obstetric and Paediatric Mortality and Morbidity
Chairperson	45, 47
continuation of	44
definitions	3
functions	46
membership	45
removal, resignation	45
reports of births	48
requests for information	47
transitional provision	243
Consultative Councils
assistance to	34
definitions	3
establishment	33
operation of	37
prescribed Consultative Councils
confidentiality obligations	42, 43
definition	3
disclosure of information held by	41
functions	38
requests for information from health service providers, pathology services	39, 40
proceedings	35
regulations	233
sub-committees	36
transitional provision	243
Cooling tower systems
cooling towers (def.)	3
definition	3
in operation	79
owners (def.)	3
registration
applications	80–82, 84
certificates	83, 90
duration	85, 86
multiple cooling tower systems	84
notification of changes	87, 88
register	89
renewal	81, 85, 86
regulations	236
risk management plans
audit, auditors	93–97
declaration of optional variations	98
preparation	91
review	92
risk management requirements (def.)	3
transitional provision	245
Councils See Consultative Council on Obstetric and Paediatric Mortality and Morbidity; Consultative Councils; Municipal councils
Subject	Section
Day procedure centres (def.)	3
Definitions	3, 41, 46, 51, 56, 58, 66, 97, 130, 134, 157, 165, 168, 205, 206, 209, 214, 218, 228, 230, 231
Denominational hospitals (def.)	3
Disclosure of information
application of Division 4 of Part 5	54
by Chief Health Officer	136
by Consultative Councils	41, 42
by Secretary, Councils, Chief Health Officer	57
by Secretary to relevant bodies	56
relevant bodies (def.)	56
to Secretary, Chief Health Officer, authorised officers	55
Donors See Blood and tissue donations
Emergencies
assistance with exercise of powers	202
authorisation of exercise of emergency powers	199, 201
compensation	204
declaration of state of emergency by Minister	198
emergency powers	200
non-compliance with directions during	203, 229, 230
recovery of costs incurred during	230
Secretary's special powers	28
Entry powers
authorised officers	168, 169, 171, 172
to residential premises	187
Environmental health officers	29
Escort agencies See Brothels, escort agencies
Evidence
certificates of blood testing	153
certificates of examination, analysis	224
certificates signed by CEO of municipal Councils	226
certificates signed by Secretary	225
prescribed Consultative Council information not admissible	43
signatures verifying documents	223
Governor	126
Health Act 1958	241–243
Health Impact Assessments	53
Health service providers	3, 39, 40
Health services	3, 129, 136
Human immuno-deficiency virus
closure of courts, tribunals hearing evidence of	133
definition of HIV	3
information to be given to patients
regarding tests	131
when test results positive	132
Subject	Section
offences regarding
contravention of orders	133
specified infectious diseases (def.)	3
Immunisation
application of provisions	144
immunisation status certificates
definition	3, 147
effect of	149
issue	148
obligations regarding	146
production of	145
immunised (def.)	3
Immunity
of persons giving information	227
registered medical practitioners conducting infectious disease tests	142
Improvement notices
appeals against	208
injunctions for non-compliance	196
issued by Secretary, Council	194
issued to Crown	217
non-compliance with	229
proceedings not affected by	195
recovery of costs regarding	230
relating to nuisances	197
Infectious diseases
application of principles	11, 111
autopsies	156
counselling regarding	117, 138
definition	3
isolation (def.)	3
notifiable conditions
declaration	126
definition	3
notification by pathology services	128, 129
notification by registered medical practitioners	127, 129
orders
conditions	113
enforcement	123
extension	118
for examination, testing	113, 114
for isolation, detention	113, 114, 125
for testing following incidents	134
imposing restrictions on behaviour, movements of certain persons	117
inclusion in annual report	143
least restrictive measures to be taken	112
non-compliance	116
public health	117–119
Subject	Section
review	121, 122
revocation	114, 118
variation	118
regulations	238
specified infectious diseases (def.)	3
tests
authorisation for	135, 137
disclosure of information regarding	136, 140
immunity of registered health practitioners conducting	124, 142
orders by Chief Health Officer for	134
orders by senior medical officers for	137
results	115, 139
See also Human immuno-deficiency virus;         Micro-organisms
Infringements	209, 216–218
Inquiries See Public inquiries
Legal proceedings
not affected by issue of improvement notices, prohibition notices	195
nuisance	63, 64
power to bring	219
responsible agency for Crown	216, 217
successors to public bodies	218
test results not admissible	139
time within which may be brought	220
Legal professional privilege	213
Legionella	92
Liability	154
Licences – Pest control operators
conditions	103–106, 109
expiry	102
fees	101
form	106
issue	101
licence holders (def.)	3
records	108
refusal to grant	101, 105
renewal	101, 102
replacement	107
Secretary's powers	105
suspension	105
variation	104
regulations	237
transitional provision	243
Micro-organisms	126, 130, 238
Subject	Section
Minister
delegation	15
powers regarding
Consultative Council on Obstetric and Paediatric Mortality and Morbidity	45
Consultative Councils	33, 34, 36, 37
declaration of notifiable conditions, notifiable micro-organisms	126
declaration of state of emergency	198, 200
Health Impact Assessments	53
public inquiries	50
State Public Health and Wellbeing Plan	49
Multi-purpose services (def.)	3
Municipal councils
definition of Council	3
function	24
municipal district (def.)	3
powers regarding
areas outside municipal districts	12
authorised officers	31, 185
certificates	226
disclosure of information	57
environmental health officers	29
forfeiture, destruction of seized items	181, 182
immunisation status certificates	148
improvement notices	194, 196, 197, 229, 230
infringements	209
legal proceedings	219
municipal public health and wellbeing plans	26, 27
nuisances	60, 62–66
prohibition notices	194, 196, 197, 229, 230
recovery of costs by	66, 228, 230
registration of premises, prescribed accommodation	71–77, 205
reports to Secretary	25
review	205
Municipal public health and wellbeing plans	26, 27
Nuisances
abatement	3, 66
application of Division 1 of Part 6	58
causing, allowing, suffering	61
complaints to Magistrates' Court	63
costs, expenses recoverable by Councils	66
duty of Council to remedy	60
failure by Councils to investigate complaints	63
improvement notices	197
institution of proceedings for	64
investigation by Councils	62, 65
notification	62
Subject	Section
offensive (def.)	58
on unoccupied land	66
owner, occupier unknown, not found	66
penalties	61
prohibition notices	197
provisions additional to other Acts	59
recovery of costs by Councils	197
recovery of expenses by occupier	231
regulations	235
vexatious, frivolous complaints	63
Occupiers
costs recoverable by Councils from	66
definition	3
nuisance	66
recovery of expenses from owners	231
service of notices, orders	221, 222
See also Owners
Offences and penalties
by corporations	214
costs recoverable from offenders	228
infringement notices	209
liability for	215
liability of blood, tissue donors	154
recovery of costs by Secretary, municipal Councils	228, 230
regarding
auditors	94–97
autopsies	156
blood, tissue donations	155, Sch.
brothels, escort agencies	158–165
cooling tower systems	80, 87, 88, 91–97
destroying, damaging records	211
false, misleading information	210
hindrance, obstruction of authorised officers	183
impersonation of authorised officers	184
improvement notices	194, 197
infectious diseases orders	116, 120
licences – pest control operators	105, 108, 109, 110
non-compliance with directions during state of emergency	203
non-compliance with directions regarding exercise of public health risk powers	193
non-compliance with directions to provide information regarding risks to public health	188
notifiable conditions	127, 128
notifiable micro-organisms	130
nuisances	61
pesticides	100, 110
Subject	Section
production of documents	176
prohibition notices	194, 197
provision of information to prescribed Consultative Councils	40
public inquiries	51
registration of premises, prescribed accommodation	67, 69, 75
reports of births to Consultative Council on Obstetric and Paediatric Mortality and Morbidity	48
regarding disclosure of information
prescribed consultative councils	41, 42
tests for infectious diseases	136, 140
regarding HIV
contravention of orders to close courts, tribunals hearing evidence	133
responsible agencies	216
successors to public bodies	218
Ombudsman	186
Owners
charges on land	66
definitions	3
multiple cooling tower systems	84
nuisance	66
recovery of costs by Councils from	66
risk management plans	93
service of notices, orders	221, 222
See also Occupiers
Pathology services	3, 39, 40, 128, 129
Pest control operators
definition	3
records	108
pest (def.)	3
pesticides (def.)	3
unlicensed use of pesticides	99, 100
Police	123, 219
Prescribed diseases See Infectious diseases
Private hospitals (def.)	3
Prohibition notices
appeals against	208
injunctions for non-compliance	196
issued by Secretary, Council	194
issued to Crown	217
non-compliance with	229, 230
proceedings not affected by	195
recovery of costs regarding	230
relating to nuisances	197
Subject	Section
Public health risks
assistance with exercise of powers	192
authorisation to exercise powers	189, 191
directions to provide information regarding	188
non-compliance with directions during	193, 229, 230
powers	190
regulations	234
Public hospitals (def.)	3
Public inquiries	50–52, 234
Registration
application of Division 4 of Part 6	70
applications	71
cancellation, suspension	74
certificates	74, 78
conditions	75
Councils' powers	73, 76
delegation of Councils' powers	77
duration	74
fees	72
issue	73, 74
premises requiring	68, 69
premises (def.)	3
prescribed accommodation	67
renewal	73, 74
review	205, 207
transfer	73, 74
Regulations
general power to make	232
regarding
Consultative Councils	233
cooling tower systems	236
fees	239
infectious diseases	238
medical conditions	238
micro-organisms	238
nuisances	235
pest control	237
premises	235
prescribed accommodation	235
public health risks	234
public inquiries	234
transitional provisions	246
Review
by municipal Councils	205
by Secretary	206
by Victorian Civil and Administrative Tribunal	122, 204, 207
Saving and transitional provisions	242–246
Search warrants	170, 173, 174
See also Entry powers
Subject	Section
Secretary to the Department of Human Services
body corporate	16
definition	3
delegation	19
powers regarding
analysts	32
auditors	93, 94
authorised officers	30, 185
brothels, escort agencies	165
Chief Health Officer	20
compensation	204
Consultative Council on Obstetric and Paediatric Mortality and Morbidity	46
Consultative Councils	37
cooling tower systems	79–84, 89, 90, 98
disclosure of information	56, 57
environmental health officers	29
forfeiture, destruction of seized items	181, 182
Health Impact Assessments	53
improvement notices	194, 196, 229, 230
infringements	209
legal proceedings	219
licences – pest control operators	101, 103, 105–107
municipal public health and wellbeing plans	26, 27
prohibition notices	194, 196, 229, 230
public inquiries	50, 52
recovery of costs by	228, 230
reports from municipal councils	25
review of decisions	206
states of emergency	28
role, functions	17
subject to direction of Minister	18
Seizure	177–182
Self-incrimination
protection against	212
Service of notices, orders	221, 222
State Public Health and Wellbeing Plan	49
Supreme Court
autopsies	157
limitation of jurisdiction	240
Victorian Civil and Administrative Tribunal	122, 207