Australian Capital Territory Consolidated Regulations Australian Capital Territory Consolidated Regulations(see s 2)
Note 1 The Legislation Act contains definitions and other provisions relevant to this regulation.
Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:
• ACAT
• ACT
• appoint
• chief health officer
• disallowable instrument
• doctor
• document
• function
• nurse
• reviewable decision notice
• State
• the Territory.
Note 3 Words and expressions used in this regulation have the same meaning that they have in the Public Health Act 1997 (see Legislation Act, s 148). For example, the following terms are defined in the Public Health Act 1997, dict:
• authorised officer
• authorised medical officer
• authorised nurse practitioner
• insanitary condition
• transmissible notifiable condition.
"abnormal", in relation to test results, means test results that indicate abnormal cell development and appearances in the cervix of the uterus.
"building" includes a house or place.
"cancer" means a malignant growth of human tissue that has the potential to invade tissue beyond its site of origin (other than a basal cell carcinoma, or a squamous cell carcinoma, of the skin), and includes leukaemia.
"cancer register" means the register maintained by the chief health officer under section 46.
"cervical cancer" means a malignant growth of human tissue in the cervix of the uterus that has the potential to invade tissue beyond its site of origin.
"cervical cytology register" means the register maintained by the chief health officer under section 25.
"cervical smear" means cells scraped from the cervix of a woman for the purpose of cytological examination to decide whether she has cervical cancer or a precursor to cervical cancer.
"cervical tissue" means cervical tissue taken from a woman to decide whether she has cervical cancer.
"chemical toilet" means a toilet in which or connected to which there is a receptacle of watertight material containing a chemical that decontaminates and deodorises all urine and faeces put in it.
"childcare centre"—see the Children and Young People Act 2008, section 733.
"contact", in relation to a disease or condition, means a person who—
(a) has been or may have been a source of infection to a person suffering from the disease or condition; or
(b) has been or may have been exposed to infection by a person with the disease or condition.
"domestic bird" includes fowl, ducks, geese, turkey, guinea fowl and pigeons.
"drug" means any substance used for or in the composition of medicine for internal or external use by a person, and includes anaesthetics, antiseptics, cosmetics, deodorants, disinfectants, dusting powders, essences, germicides, narcotics, preservatives, soaps, unguents, vaccines and other toilet articles.
"equipment" means equipment used for preparing, storing, supplying or transporting drugs, or for keeping drugs free from contamination for the purposes of preparation, supply or transport, and includes the following:
(a) storage containers;
(b) implements and tools of trade;
(c) benches, fittings, appliances and machines;
(d) vehicles for transporting drugs.
"health practitioner" means a doctor or a nurse.
home-based care is care provided by someone for monetary or other consideration at a home if the provision of care does not amount to a transfer of parental responsibility.
"immunisation record" means a record of immunisation in a form approved under the Act, section 137A.
"immunised"—see section 4.
"label" means a label, tag, brand, mark or written statement, including pictorial or other descriptive matter.
"laboratory" means a place (within or outside the ACT) where any of the following examinations are undertaken:
(a) pathological (cytology) examinations of cervical smears;
(b) pathological (histology) examinations of cervical tissue;
(c) any other examinations for the detection of cancer.
"management committee" means the committee maintained by the chief health officer under section 31.
"member", for division 3.2 (The management committee)—see section 30.
"non-immunised child", for a vaccine preventable disease, means—
(a) a child who does not have an immunisation record for the disease; or
(b) a child whose immunisation record for the disease indicates that the child is not immunised against the disease.
"occupier"—see the Act, section 75.
"package" includes any means by which goods are encased, covered, enclosed, contained or packed.
"pathology request form" means a pathology request form requesting a pathological (cytology) examination of a cervical smear or a pathological (histology) examination of cervical material.
"person in charge", of a school, means—
(a) the principal teacher; or
(b) if the school does not have a principal teacher—the person with the most senior administrative responsibility for the school.
"place "means premises or land.
"pre-secondary school" means a childcare centre, preschool, kindergarten or primary school.
"premises "includes a vehicle, vessel or aircraft, and a permanent or temporary structure.
"prepare" a drug means to prepare the drug for supply, and includes manufacture, manipulate, handle (including with implements), pack and dispense.
"refusal of consent marker", on a pathology request form, means a clearly visible marker that may be placed on the form to indicate that the cervical cancer information about the woman is not to be registered on the cervical cancer register.
registrable information, for division 3.1 (Cervical cytology register)—see section 22.
"responsible", for a person, means responsible for the person's care, support or education.
"return to school notice"—see section 13 (5).
"school" includes—
(a) a childcare centre; and
(b) a preschool; and
(c) a primary, secondary, technical or private school or a secondary college.
"school health direction"—see section 13 (2).
"septic tank" means a tank or series of tanks for the sedimentation, disintegration or digestion of sewage.
"septic tank system" means a septic tank and associated plumbing work, including—
(a) upstream drainage (including each toilet) that reticulates waste into the tank; and
(b) the effluent disposal system downstream from the tank.
"sewerage system" means the sewerage system in the ACT.
"store" a drug means store the drug for supply.
"supply" means supply to the public, or supply by wholesale, and includes—
(a) offer for sale; and
(b) expose for sale; and
(c) barter (or offer or expose for barter); and
(d) exchange (or offer or expose for exchange); and
(e) supply for value (or offer or expose for supply for value); and
(f) supply for free (or offer or expose for supply for free).
"test results", for a woman, means the results of—
(a) a pathological (cytology) examination of a cervical smear taken from her; or
(b) a histological examination of cervical tissue taken from her.
"toilet" means a structure for receiving human urine or faeces, and includes a flushing toilet, chemical toilet and composting toilet.
"treatment" includes attendance and care.
"transport "a drug means transport the drug for preparation, storage or supply.
"vaccine preventable disease"—see section 5.
Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel's Office.
Uncommenced amending laws and expiries are listed in the legislation history and the amendment history. These details are underlined. Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
|
am = amended |
ord = ordinance |
|
amdt = amendment |
orig = original |
|
ch = chapter |
par = paragraph/subparagraph |
|
def = definition |
pres = present |
|
dict = dictionary |
prev = previous |
|
disallowed = disallowed by the Legislative |
(prev...) = previously |
|
Assembly |
pt = part |
|
div = division |
r = rule/subrule |
|
exp = expires/expired |
renum = renumbered |
|
Gaz = gazette |
reloc = relocated |
|
hdg = heading |
R[X] = Republication No |
|
IA = Interpretation Act 1967 |
RI = reissue |
|
ins = inserted/added |
s = section/subsection |
|
LA = Legislation Act 2001 |
sch = schedule |
|
LR = legislation register |
sdiv = subdivision |
|
sub = substituted |
|
|
mod = modified/modification |
SL = Subordinate Law |
|
o = order |
underlining = whole or part not commenced |
|
om = omitted/repealed |
or to be expired |
This regulation was originally the Public Health Regulations 2000. It was renamed under the Legislation Act 2001.
Public Health Regulation 2000 No 1
notified 14 January 2000 (Gaz 2000 No S2)
s 1, s 2 commenced 14 January 2000 (IA s 10B)
remainder commenced 15 January 2000 (s 2)
as amended by
Utilities (Consequential Provisions) Act 2000 No 66 sch 2 pt 5
notified 20 December 2000 (Gaz 2000 No S68)
s 1, s 2 commenced 20 December 2000 (IA s 10B)
sch 2 pt 5 commenced 1 January 2001 (s 2 and Gaz 2000 No S68)
Legislation (Consequential Amendments) Act 2001 No 44 pt 311
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)
pt 311 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)
Statute Law Amendment Act 2001 (No 2) No 56 pt 3.42
notified 5 September 2001 (Gaz 2001 No S65)
amdt 3.467 commenced 12 September 2001 (s 2 (2))
pt 3.42 remainder commenced 5 September 2001 (s 2 (1))
Statute Law Amendment Act 2002 No 30 pt 3.56
notified LR 16 September 2002
s 1, s 2 taken to have commenced 19 May 1997 (LA s 75 (2))
pt 3.56 commenced 17 September 2002
Statute Law Amendment Act 2002 (No 2) No 49 pt 3.17
notified LR 20 December
2002
s 1, s 2 taken to have commenced 7 October
1994 (LA s 75 (2))
pt 3.17 commenced 17 January
2003 (s 2 (1))
Statute Law Amendment Act 2003 A2003-41 sch 3 pt 3.17
notified LR 11 September
2003
s 1, s 2 commenced 11 September 2003 (LA s 75
(1))
sch 3 pt 3.17 commenced 9 October 2003 (s 2
(1))
Nurse Practitioners Legislation Act 2004 A2004-10 pt 10
notified LR 19 March 2004
s 1, s 2 commenced 19 March 2004 (LA s 75 (1))
pt 10 commenced 27 May 2004 (s 2 and CN2004-9)
Construction Occupations Legislation Amendment Act 2004 A2004-13 sch 2 pt 2.23
notified LR 26 March 2004
s 1, s 2 commenced 26 March 2004 (LA s 75 (1))
sch 2 pt 2.23 commenced 1 September 2004 (s 2 and see Construction Occupations (Licensing) Act 2004 A2004-12, s 2 and CN2004-8)
Statute Law Amendment Act 2005 A2005-20 sch 3 pt 3.46
notified LR 12 May 2005
s 1, s 2 taken to have commenced 8 March 2005 (LA s 75 (2))
sch 3 pt 3.46 commenced 2 June 2005 (s 2 (1))
Public Health Amendment Regulation 2006 (No 1) SL2006-48
notified LR 2 November 2006
s 1, s 2 commenced 2 November 2006 (LA s 75 (1))
remainder commenced 3 November 2006 (s 2)
Health Legislation Amendment Act 2006 (No 2) A2006-46 sch 2 pt 2.16
notified LR 17 November 2006
s 1, s 2 commenced 17 November 2006 (LA s 75 (1))
sch 2 pt 2.16 commenced 18 November 2006 (s 2 (1))
Public Health Amendment Regulation 2007 (No 1) SL2007-42
notified LR 20 December 2007
s 1, s 2 commenced 20 December 2007 (LA s 75 (1))
remainder commenced 21 December 2007 (s 2)
Children and Young People (Consequential Amendments) Act 2008 A2008-20 sch 4 pt 4.21
notified LR 17 July 2008
s 1, s 2 commenced 17 July 2008 (LA s 75 (1))
sch 4 pt 4.21 commenced 27 February 2009 (s 2 (5) and see Children and Young People Act 2008 A2008-19, s 2 and CN2008-17 (and see CN2008-13))
Medicines, Poisons and Therapeutic Goods Act 2008 A2008-26 sch 2 pt 2.21
notified LR 14 August 2008
s 1, s 2 commenced 14 August 2008 (LA s 75 (1))
sch 2 pt 2.21 commenced 14 February 2009 (s 2 and LA s 79)
ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 (No 2) A2008-37 sch 1 pt 1.84
notified LR 4 September 2008
s 1, s 2 commenced 4 September 2008 (LA s 75 (1))
sch 1 pt 1.84 commenced 2 February 2009 (s 2 (1) and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)
Name of
regulation
s 1 am R8
LA
Dictionary
s
2 om Act 2001 No 44 amdt 1.3418
ins
A2003-41 amdt 3.348
am A2008-20 amdt
4.52
Notes
s
3 sub A2003-41 amdt 3 348
Offences against
regulation—application of Criminal Code
etc
s 3A ins SL2007-42 s
4
Immunisation against vaccine preventable
diseases
s 4 am Act 2001 No 44
amdt 1.3419, amdt 1.3420
What is a vaccine preventable
disease?
s 5 am Act 2001 No 44
amdt 1.3421, amdt 1.3422
What is a child care
centre?
s 7 (2), (3) exp 10 May
2000 (s 7 (3))
om Act 2002 No 49
amdt 3.201
Provision of immunisation history on
enrolment at school
s 8 am
A2008-20 amdt 4.54
Immunisation records kept by pre-secondary
schools
s 9 am Act 2002 No 49
amdt 3.202; A2006-46 amdt 2.41; pars renum R11 LA
Exclusion of children from
school
s 13 am A2003-41 amdt
3.349
Meaning of registrable information
for div 3.1
s 22 hdg sub A2003-41
amdt 3.350
s 22 am A2003-41 amdt
3.350; SL2006-48 s 4
Participation in the cervical cancer
prevention program
s 23 am
A2003-41 amdt 3.351
Cervical cytology
register
s 25 (3), (4) exp 1
January 2001 (s 25 (4))
am A2003-41
amdt 3.352
Use of information on cervical cytology
register
s 26 am Act 2001 No 44
amdt 1.3423, amdt 1.3424
Establishment
s
31 (2)-(4) exp 15 January 2002 (s 31
(4))
sub A2003-41 amdt
3.353
Constitution
s
32 am Act 2002 No 49 amdt 3.203, amdt 3.204
Functions
s
33 am Act 2002 No 49 amdt 3.205
Powers
s
34 om Act 2002 No 49 amdt 3.206
Terms of
appointment
s 35 am Act 2002 No
49 amdt 3.207; A2003-41 amdt 3.354
Ending of
appointment
s 37 sub A2003-41
amdt 3.355
Acting
members
s 38 om Act 2002 No 49
amdt 3.208
Meetings
s
39 am Act 2002 No 49 amdt 3.209
Notification of pathologist test
results
s 42 am Act 2001 No 44
amdt 1.3425, amdt 1.3426; A2003-41 amdt 3.356, amdt 3.357
Notification of cancer cases at hospitals
and nursing homes
s 43 am Act
2001 No 44 amdt 1.3427, amdt 1.3428; A2003-41 amdt 3.358
Cancer
register
s 46 (3), (4) exp 1
January 2001 (see s 46 (4))
Refusal of approval of access to registered
information
s 48 sub A2008-37
amdt 1.365
Sale of injurious drugs, articles and
apparatus
s 51 am Act 2001 No 44
amdt 1.3429, amdt 1.3430; A2004-10 s 38; A2008-26 amdt 2.149
Supply of disinfectants and proprietary
remedies
s 52 am Act 2001 No 44
amdt 1.3431, amdt 1.3432
Labelling disinfectants, germicides,
antiseptics and preservatives
s
53 am Act 2001 No 44 amdt 1.3433, amdt 1.3434
Supply of adulterated
drugs
s 54 am A2008-26 amdt
2.149; ss renum R14 LA
Inspection of drugs and
appliances
s 55 A2003-41 amdt
3.358
Medical examination of pharmaceutical
workers
s 56 am Act 2002 No 49
amdt 3.210
Personal
cleanliness
s 59 om A2008-26 amdt
2.150
Offensive
habits
s 60 om A2008-26 amdt
2.150
Equipment and temperature
control
div 5.5 hdg om A2008-26
amdt 2.151
Keeping equipment
clean
s 61 om A2008-26 amdt
2.151
Temperature
control
s 62 om A2008-26 amdt
2.151
Keeping domestic
birds
s 66 sub SL2007-42 s
5
Toilets
div
6.3 hdg note ins A2004-13 amdt 2.86
Installation of septic tanks and chemical
toilets
s 70 am Act 2001 No 44
amdts 1.3435-1.3437; SL2006-48 s 5
Installation of chemical
toilets—application of Canberra Sewerage and Water Supply
Regulation
s 71 am Act 2000 No 66
sch 2 pt 2
om A2004-13 amdt
2.87
Alteration of septic tanks and non-flushing
toilets
s 73 am SL2006-48 s
6
Installation of flushing toilets connected
to septic tanks
s 74 am Act 2000
No 46 sch 2 pt 2
om A2004-13 amdt
2.88
Connections with septic
tanks
s 75 am Act 2000 No 46 sch
2 pt 2
om A2004-13 amdt
2.88
Private
hospitals
pt 7 hdg exp 1 January
2001 (s 77) (see also Act 2001 No 44 amdts 1.3438-1.3445)
Expiry
s
77 exp 1 January 2001 (s 77) (see also Act 2001 No 44
amdts 1.3438-1.3445)
What is a private
hospital?
s 78 exp 1 January 2001
(s 77) (see also Act 2001 No 44 amdts 1.3438-1.3445)
Private hospitals to be
registered
s 79 exp 1 January
2001 (s 77) (see also Act 2001 No 44 amdts 1.3438-1.3445)
Application for
registration
s 80 exp 1 January
2001 (s 77) (see also Act 2001 No 44 amdts 1.3438-1.3445)
Application for renewal or
registration
s 81 exp 1 January
2001 (s 77) (see also Act 2001 No 44 amdts 1.3438-1.3445)
Further
information
s 82 exp 1 January
2001 (s 77) (see also Act 2001 No 44 amdts 1.3438-1.3445)
Registration of private
hospital
s 83 exp 1 January 2001
(s 77) (see also Act 2001 No 44 amdts 1.3438-1.3445)
Certificate or
registration
s 84 exp 1 January
2001 (s 77) (see also Act 2001 No 44 amdts 1.3438-1.3445)
Suspension and cancellation or
registration
s 85 exp 1 January
2001 (s 77) (see also Act 2001 No 44 amdts 1.3438-1.3445)
Inspections
s
86 exp 1 January 2001 (s 77) (see also Act 2001 No 44
amdts 1.3438-1.3445)
Provision of hospital
equipment
s 87 exp 1 January 2001
(s 77) (see also Act 2001 No 44 amdts 1.3438-1.3445)
Patient attendants—transmissible
conditions
s 88 exp 1 January
2001 (s 77) (see also Act 2001 No 44 amdts 1.3438-1.3445)
Medical
record—information
s 89 exp
1 January 2001 (s 77) (see also Act 2001 No 44
amdts 1.3438-1.3445)
Inspection of medical
records
s 90 exp 1 January 2001
(s 77) (see also Act 2001 No 44 amdts 1.3438-1.3445)
Failure to keep medical records
accurately
s 91 exp 1 January
2001 (s 77) (see also Act 2001 No 44 amdts 1.3438-1.3445)
Communicating information learned from the
medical record
s 92 exp 1 January
2001 (s 77) (see also Act 2001 No 44 amdts 1.3438-1.3445)
Saving—private hospitals registered
before 1 January 2000
s 93 exp 1
January 2001 (s 77) (see also Act 2001 No 44
amdts .3438-1.3445)
Miscellaneous
pt
8 hdg om Act 2001 No 44 amdt 1.3446
Approved
forms
s 94 om Act 2001 No 44 amdt
1.3448
Repeals
s
95 om R1 LRA
Exclusion from school or home-based
care
sch 1 am A2008-20 amdt
4.54
Repealed
regulation
sch 2 om R1
LRA
Dictionary
dict am
Act 2002 No 49 amdt 3.211; A2003-41 amdt 3.359, amdt 3.360; A2008-37 amdt
1.366, amdt 1.367
def approved
form om Act 2001 No 44 amdt
1.3447
def authorised officer
sub Act 2002 No 49 amdt
3.212
om A2003-41 amdt
3.361
def authorised medical
officer sub Act 2002 No 49
amdt 3.212
om A2003-41 amdt
3.361
def cancer
register sub A2003-41 amdt
3.362
def cervical cytology
register sub A2003-41 amdt
3.363
def childcare centre
ins A2008-20 amdt 4.53
def
child-care centre ins Act 2002 No 49 amdt
3.213
om A2008-20 amdt
4.53
def disallowable
instrument om Act 2001 No 44
amdt 1.3448
def
doctor sub Act 2001 No 56 amdt
3.467
om Act 2002 No 49 amdt
3.214
def drug am
A2005-20 amdt 3.327
def health
practitioner sub Act 2002 No 49 amdt
3.215
def immunisation
om A2003-41 amdt 3.364
def
immunisation record sub Act 2001 No 44
amdt 1.3449
def immunised
ins A2003-41 amdt 3.364
def
insanitary condition sub Act 2002 No 49 amdt
3.216
om A2003-41 amdt
3.365
def laboratory
am A2003-41 amdt 3.366
def
management committee sub A2003-41 amdt
3.367
def medical
record om Act 2001 No 56 amdt
3.467
def member ins
Act 2002 No 49 amdt 3.217
def
occupier sub Act 2002 No 49 amdt 3.218; A2003-41
amdt 3.368
def
pre-secondary school am A2008-20 amdt
4.54
def private
hospital om Act 2001 No 56 amdt
3.467
def proprietor
om Act 2002 No 30 amdt 3.635
def
registered nurse om Act 2002 No 49 amdt
3.219
def registrable
information sub A2003-41 amdt
3.369
def school am
A2008-20 amdt 4.54
def septic
tank system ins SL2006-48 s
7
def sewerage
system am A2003-41 amdt
3.370
def store sub
A2003-41 amdt 3.371
def
transmissible notifiable condition sub Act 2002 No 49 amdt
3.220
om A2003-41 amdt
3.372
Some earlier republications were not numbered. The number in column 1 refers to the publication order.
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.
|
Republication No |
Amendments to |
Republication date |
|---|---|---|
|
1 |
Act 2000 No 66 |
31 March 2000 |
|
2 |
Act 2001 No 56 |
12 September 2001 |
|
3 |
Act 2002 No 30 |
25 September 2002 |
|
4 |
A2002-49 |
17 January 2003 |
|
5 |
A2003-41 |
9 October 2003 |
|
6 |
A2004-13 |
27 May 2004 |
|
7 |
A2004-13 |
1 September 2004 |
|
8 |
A2004-13 |
3 November 2004 |
|
9 |
A2005-20 |
2 June 2005 |
|
10 |
SL2006-48 |
3 November 2006 |
|
11 |
A2006-46 |
18 November 2006 |
|
12 |
SL2007-42 |
21 December 2007 |
|
13 |
A2008-37 |
2 February 2009 |
|
14 |
A2008-37 |
14 February 2009 |
© Australian Capital Territory 2009