Tasmanian Bills Tasmanian Bills[Index] [Search] [Download] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
PUBLIC HEALTH AMENDMENT (CERVICAL
SCREENING) BILL 2009
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 3 amended (Interpretation)
5. Part 7, Division 1: Heading amended
6. Section 137 amended (Cervical Screening Register)
7. Sections 137A and 137B inserted
137A. Contents of Cervical Screening Register
137B. Sharing of information about cervical screening
8. Section 138 amended (Use of information on Cervical Screening
Register)
9. Section 139 amended (Disclosing information in Cervical
Screening Register)
10. Section 140 amended (Objection to inclusion in Cervical
Screening Register)
11. Section 142 amended (Removal of identifying data from
Cervical Screening Register)
12. Schedule 3 amended (Savings and transitional)
13. Repeal of Act
[Bill 62]-IX
2
PUBLIC HEALTH AMENDMENT (CERVICAL
SCREENING) BILL 2009
(Brought in by the Minister for Health, the Honourable
Larissa Tahireh Giddings)
A BILL FOR
An Act to amend the Public Health Act 1997
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
1. Short title
This Act may be cited as the Public Health
Amendment (Cervical Screening) Act 2009.
2. Commencement
This Act commences on a day to be proclaimed.
3. Principal Act
In this Act, the Public Health Act 1997* is
referred to as the Principal Act.
*No. 86 of 1997
[Bill 62] 3
Public Health Amendment (Cervical Screening) Act 2009
Act No. of
s. 4
4. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended as
follows:
(a) by omitting the definition of "Cervical
Cytology Register" and substituting the
following definition:
"Cervical Screening Register" means
the register maintained under
Division 1 of Part 7;
(b) by inserting the following definition after
the definition of "cooling tower":
"corresponding register" means a
register that
(a) is established under a law
of the Commonwealth,
another State or a
Territory; and
(b) contains information of a
kind held on the Cervical
Screening Register;
(c) by inserting the following definition after
the definition of "health officer":
"HPV vaccination information"
means information contained in
the National HPV Vaccination
Program Register;
4
Public Health Amendment (Cervical Screening) Act 2009
Act No. of
s. 5
(d) by inserting the following definition after
the definition of "medical officer of
health":
"Medicare Australia" means the
body of that name established by
the Medicare Australia Act 1973
of the Commonwealth;
(e) by inserting the following definition after
the definition of "multiple-use building":
"National HPV Vaccination
Program Register" means the
register of that name established
and kept under section 9BA of
the National Health Act 1953 of
the Commonwealth;
(f) by inserting the following definition after
the definition of "packet":
"personal information", for a person
on the Cervical Screening
Register, means the person's
name, address, contact details and
Medicare number;
5. Part 7, Division 1: Heading amended
Division 1 of Part 7 of the Principal Act is
amended by omitting "Cytology" from the
heading to that Division and substituting
"Screening".
5
Public Health Amendment (Cervical Screening) Act 2009
Act No. of
s. 6
6. Section 137 amended (Cervical Screening Register)
Section 137 of the Principal Act is amended by
omitting "Cytology" and substituting
"Screening".
7. Sections 137A and 137B inserted
After section 137 of the Principal Act, the
following is inserted in Division 1:
137A. Contents of Cervical Screening Register
The Director may record the following
kinds of information about a person in
the Cervical Screening Register:
(a) the person's personal
information;
(b) the person's date of birth;
(c) the history of the person's
cervical cancer tests and the
results of those tests;
(d) the history of the person's
cervical cancer treatment;
(e) HPV vaccination information
relating to the person.
137B. Sharing of information about cervical
screening
(1) The information to be recorded in the
Cervical Screening Register about a
6
Public Health Amendment (Cervical Screening) Act 2009
Act No. of
s. 7
person may be obtained from one or
more of the following sources:
(a) the person;
(b) a medical practitioner or
registered nurse engaged by the
person;
(c) a person in charge of a laboratory
engaged by, or on behalf of, the
person;
(d) the person responsible for
keeping the National HPV
Vaccination Program Register;
(e) a person responsible for keeping
a corresponding register;
(f) Medicare Australia.
(2) The Director may provide information
recorded in the Cervical Screening
Register about a person to one or more of
the following for a purpose specified in
section 138(a), (b), (c), (ca) or (cb):
(a) the person;
(b) a medical practitioner or
registered nurse engaged by the
person;
(c) a person in charge of a laboratory
engaged by, or on behalf of, the
person;
7
Public Health Amendment (Cervical Screening) Act 2009
Act No. of
s. 8
(d) the person responsible for
keeping the National HPV
Vaccination Program Register;
(e) a person responsible for keeping
a corresponding register;
(f) Medicare Australia.
8. Section 138 amended (Use of information on
Cervical Screening Register)
Section 138 of the Principal Act is amended as
follows:
(a) by omitting "is to" and substituting
"may";
(b) by omitting "Cytology" and substituting
"Screening";
(c) by omitting paragraphs (a), (b) and (c)
and substituting the following
paragraphs:
(a) to ensure that the information
held about a person on the
Register is up to date;
(b) to provide notification in respect
of a person on the Register who
may
(i) be overdue for a cervical
cancer test; or
8
Public Health Amendment (Cervical Screening) Act 2009
Act No. of
s. 8
(ii) need to have a cervical
cancer test repeated
because of a technically
unsatisfactory test result;
or
(iii) require appropriate
medical investigation or
treatment because of an
abnormal cervical cancer
test result;
(c) to provide information, including
a cervical cancer test result, for a
person on the Register to assist
in
(i) the making of a diagnosis;
or
(ii) the recommendation of
treatment for the person;
or
(iii) the determination of the
time when the person
should have the next
cervical cancer test;
(ca) to provide general information to
persons on the Register about the
role and functions of the Register,
cervical screening and cervical
cancer prevention;
(cb) to provide information for the
purposes of the National HPV
9
Public Health Amendment (Cervical Screening) Act 2009
Act No. of
s. 9
Vaccination Program Register or
for the purposes of maintaining a
corresponding register;
(d) by inserting in paragraph (e)(ii) "or the
development of national guidelines" after
"planning".
9. Section 139 amended (Disclosing information in
Cervical Screening Register)
Section 139 of the Principal Act is amended as
follows:
(a) by omitting "Cytology" and substituting
"Screening";
(b) by omitting paragraphs (b) and (c) and
substituting the following paragraphs:
(b) the information is provided by the
Director in accordance with
section 137B(2); or
(c) the information is provided for a
purpose specified in
section 138(d) or (e) and does not
disclose the personal information
of a person on the Register.
10
Public Health Amendment (Cervical Screening) Act 2009
Act No. of
s. 10
10. Section 140 amended (Objection to inclusion in
Cervical Screening Register)
Section 140(1)(b) of the Principal Act is
amended by omitting "Cytology" and
substituting "Screening".
11. Section 142 amended (Removal of identifying data
from Cervical Screening Register)
Section 142 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
"Cytology" and substituting "Screening";
(b) by omitting from subsection (3)
"Cytology" and substituting "Screening".
12. Schedule 3 amended (Savings and transitional)
Clause 6 of Schedule 3 to the Principal Act is
amended by omitting "Cytology" second
occurring and substituting "Screening".
13. Repeal of Act
This Act is repealed on the ninetieth day from
the day on which it commences.
Government Printer, Tasmania 11