Victorian Consolidated Legislation

Cancer Act 1958 - SECT 62

Registers of results from cancer tests

62. Registers of results from cancer tests





(1) A registered medical practitioner engaged by a person who has undergone a
cancer test may cause a report on the test to be forwarded to an organization
that maintains a prescribed register for inclusion in that register.

(2) A person in charge of a place where a cancer test is undertaken may cause
a report on the test to be forwarded to an organization that maintains a
prescribed register for inclusion in that register.

(3) A person who has undergone a cancer test has the right to object to a
report on the test being forwarded for inclusion in a prescribed register, and
if he or she so objects, a person must not, knowing of the objection, forward
such a report, or cause such a report to be forwarded, for inclusion in a
prescribed register.

Penalty: 10 penalty units.



(4) A person who makes an examination of, or takes a specimen from, another
person to determine whether that other person is suffering from cancer or any
of its precursors, before a report is forwarded to an organization under
subsection (1) or (2)-

   (a)  must ensure that that other person has been informed of the right to
        object to the report being forwarded; and

   (b)  if aware of an objection by that other person, must ensure-

   (i)  that the report includes notice of the making of the objection; and

   (ii) that a written acknowledgement of the objection is given to the other
        person.

(5) For the purposes of this section, the functions of an organization that
maintains a prescribed register are-

   (a)  to follow up positive results from cancer tests; and

   (b)  to send reminder notices when persons whose names appear in the
        register are due for cancer tests; and

   (c)  subject to and in accordance with the regulations, to give access to
        the register to persons studying cancer or any of its precursors; and

   (ca) to report to the Council in accordance with section 60(1A); and



   (d)  to compile statistics and, if the organization considers it
        appropriate, to publish those statistics that do not identify the
        persons to whom they relate.

(6) A person must not disclose information on a prescribed register that
identifies any person except-

   (a)  with that person's consent; or

   (b)  to a registered medical practitioner engaged by that person and
        seeking information to assist in diagnosis or treatment or to
        determine when the person should next have a cancer test; or

   (c)  as is necessary for the performance of the functions set out in
        subsection (5)(a), (b) or (ca).

Penalty: 10 penalty units.

(7) On the application of a person whose name appears on a prescribed
register, the organization that maintains the register must remove from the
register all information that identifies that person.

(8) An organization that maintains a prescribed register is a provider of a
health service for the purposes of the
Health Services (Conciliation and Review) Act 1987.

(9) The Governor in Council may make regulations for or with respect to-

   (a)  prescribing registers of results from cancer tests by specifying in
        each case-

   (i)  the name of the register; and

   (ii) whether the register is of results of tests for cancer of a particular
        part of the human body or of results of tests generally; and

   (iii) the organization that maintains the register; and

   (iv) the officer of that organization in charge of the register; and

   (b)  access to prescribed registers by persons studying cancer or any of
        its precursors, including how, where, when and to whom access is to be
        given, and in what circumstances access is to be given or denied; and

   (c)  prescribing forms; and

   (d)  generally prescribing any other matter or thing required or permitted
        by this section to be prescribed or necessary to be prescribed to give
        effect to this section.

(10) The regulations may confer a discretion or authority, or impose a duty,
on a specified person or class of persons.

(11) Regulations made under this section may be disallowed in whole or in part
by resolution of either House of the Parliament in accordance with the
requirements of section 6(2) of the Subordinate Legislation Act 1962.

(12) Disallowance under subsection (11) is deemed to be disallowance by
Parliament for the purposes of the Subordinate Legislation Act 1962.

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Section 2