HEALTH ACT 1958

Victorian Consolidated Legislation

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HEALTH ACT 1958

No. 6270 of 1958
Version incorporating amendments as at 1 October 2007

TABLE OF PROVISIONS

Section Page
1. Short title and commencement
2. Repealed

PART I-INTRODUCTION

3. Definitions
4. Repealed
5. Application of Act

PART II-ADMINISTRATION

Division 1-General

6. Secretary
7. Secretary successor of Health Commission
8. Secretary subject to direction of Minister
8A. Delegation by Secretary
8B. Delegation by Minister
9. Data collection
9A. Opportunity of being heard by Secretary
10. Saving of rights of officers and persons affected by No. 4988.
11-15. Repealed

Division 2-Repealed

16-23. Repealed
24. Consultative councils
24A. Disclosure of information by consultative councils
Officers &c.
25. Further powers and duties of certain officers
26-29. Repealed

Division 3-Local administration

29A. Functions of councils
29B. Municipal public health plans
30. Appointment of medical officers of health
30A. Appointment of environmental health officers
30B. Transitional provision-environmental health officers
31. Councils may share environmental health officers or medical officers of health
32. Council's delegation of power to refuse applications
33-36. Repealed
36A. Special powers of Secretary
37. Councils to report to the Secretary
Divisions 4, 5-Repealed
38, 39. Repealed

PART III-NUISANCES

39A. Application of Part 40. Definition
41. Duty of councils
42. Offence of causing a nuisance
43. Notification of nuisance
44. Notice to abate a nuisance
45. Failure of council to investigate complaint
46. Nuisance caused by two or more persons
47. Who may institute proceedings?
47A. Power of councils to delegate functions under this Part 47B. Power of councils to investigate nuisances outside their municipal districts
47C. Nuisances on unoccupied land
47D. Regulations

PART IV-GENERAL SANITARY PROVISIONS

Divisions 1-3-Repealed

48-67. Repealed

Division 4-Offensive waterways etc.

68. Offensive waterways etc. on district boundaries etc.
69. Power to Secretary to require councils to show cause
70. Variation of orders
71. Execution of works
72. Waterways etc. not under control of council

Division 5-Repealed

73-76. Repealed

Division 6-Protection of water supplies

77-82. Repealed

Division 7-Repealed

83, 84 Repealed

Division 7A-Animals

85, 86. Repealed
87. Regulations as to destruction etc. of rats and mice
88-91. Repealed

Division 8-Repealed

92, 93 Repealed

PART V-RADIATION SAFETY AND PEST CONTROL
Divisions 1, 2-Repealed

94-108. Repealed

Division 2AA-Radiation safety

108AA-108AL. Repealed

Division 2A-Pest control operators

108A. Definitions
108B. Repealed
108C. Licensing of users of pesticides
108D. Repealed
108E. Returns
108F. Cancellation or suspension of licences
108G. Repealed
108H. Regulations

Division 3-Repealed

109-117 Repealed

PART VI-MANAGEMENT AND CONTROL OF INFECTIOUS DISEASES

Division 1-Preliminary

118. Definitions
119. Interpretation

Division 2-Offences

120. Offence of infecting other persons

Division 2A-Examining and testing after incidents involving care-givers or custodians

120A. Orders for tests
120AB. Further Orders or authorisations for tests
120AC. Post test or authorisation counselling
120B. Authorisation for tests
120C. Tests and test results
120D. No identification to be given
120DA. Directions about Orders or authorisations

Division 3-Examining, testing, counselling, restriction and
isolation orders

121. Orders
122. Appeals

Division 4-Emergency powers

123. Power of Governor in Council to proclaim emergency
124. Orders of the Secretary in emergencies
125. Compensation for seizure of land, building or thing

Division 5-Autopsies

126. Autopsies

Division 6-Special provisions relating to the human immuno-deficiency virus

127. Information to be given to a person requesting a test for HIV
128. Privacy
129. Closure of court or tribunal
130. Information to be provided about the incidence of HIV

Division 7-Blood and tissue donations

131. Definitions
132. Blood donations
132A. Transitional provision concerning statutory defence in relation to Hepatitis C
133. Tissue donations
134. Evidentiary
135. Liability of donors
136. False statements

Division 8-Immunity

137. Immunity for giving information

Division 9-Disease notification

138. Regulations about disease notification
139-142A Repealed

PART VII-IMMUNISATION

143. Definitions
144. Immunisation status certificates to be produced upon
enrolment at primary school
145. Outbreaks of prescribed infectious diseases in primary
schools

PART VIII-REGULATIONS

146. Regulations
147-149 Repealed
150-157 Repealed
PARTS IX, IXA-Repealed
158-162A-Repealed

PART IXB-CONSULTATIVE COUNCIL ON OBSTETRIC AND PAEDIATRIC MORTALITY AND MORBIDITY

162B. Definitions
162C. Constitution of Consultative Council
162CA. Repealed
162D. Procedure of Council
162E. Sub-committees
162F. Functions of the Council
162FA. Council may request disclosure
162FB. Disclosure of information held by the Council
162G. Report of birth
162H. Confidentiality
162I. Regulations

PARTS X-XIA-Repealed

163-208I Repealed

PART XII-ACCOMMODATION

Division 1-Registration

209. Definitions
210. Registration
211. Offence
212. Access by authorised officers
213. Regulations

Divisions 2-7-Repealed

214-227F Repealed

PART XIII-PRECAUTIONS AGAINST FIRE

228. Regulations
PARTS XIV, XIVA-Repealed
229-304B Repealed

PART XV-MEAT SUPERVISION

Divisions 1-Repealed

305. Repealed
306. Exceptions
307. Repealed
308. Definition of prohibited animal
309. Repealed
310. Storage of flesh of prohibited animals in certain shops
311. Storage of flesh of prohibited animals in certain vehicles
312. Exemption
313. Penalties
314. Regulations
315-327 Repealed

Division 2-Repealed

328-332 Repealed

PARTS XVI-XVIII-Repealed

333-366 Repealed

PART XIX-REGISTRATIONS

366A. Repealed
366B. Premises
366C. Registration of premises
367. Registrations to be in manner prescribed
368. Registrations
369. Refusal of registration or renewal
370. Transfers
371. Register book
372. Powers and duties of Secretary or council
373. Repealed
374. Certificates of registration and renewal
374A. Delegation of councils' powers in relation to registration
of premises
375. Registrations under other Acts
376. Regulations

PART XX-GENERAL AND SUPPLEMENTARY

Division 1-General

377-383A Repealed
384. Powers of persons directed to hold inquiries
385. Vessels
386. Concern in contracts prohibited
387. Appeal to judge of the County Court
388. Repealed

Division 2-Proclamations, regulations, by-laws, orders etc.

389. Proclamation
389A. Supreme Court-limitation of jurisdiction
390. Regulations of the Governor in Council
391. General provisions as to regulations
392-396 Repealed

Division 3-Enforcement of Act

397-399 Repealed
399A. Identity cards
400. Powers of entry and inspection
401. General powers of inspection seizure etc.
402. Interference with official marks or seals
403. Obstruction etc. of officers etc.
404. Interference etc. with officers
404A. Impersonating an officer
405. Examination and seizure of adulterated substances
406. Power to require information
407. Duties of officers seizing substances etc.
408. Remedy to persons for things seized
409. Defacing notice etc.
410. Offences by occupiers and others
411. Works to be done by occupier instead of owner
412. Expenses recoverable
413. Enforcement of duty with regard to land etc.
414. Power of councils where owner cannot be found
415-417 Repealed
418. Crown lands to be put into sanitary condition
419. Repealed
420. Power to inspect register of births and deaths

Division 4-Offences and legal proceedings

421. Other proceedings not affected
422. General penalty
423. Recovery of costs and expenses
424. Fraudulent conduct and false or misleading statements etc.
425. Service of notices and orders etc.
426. Proof of notices orders or documents
427. Continued operation of orders and notices
428. References to "owner" or "occupier"
429. No abatement
430-433 Repealed
434. Power to authorize proceedings
435. Power of officers to prosecute
436. Repealed
437. Simplification of proof in certain cases
438. Proof of by-laws regulations etc.
439. Documents as evidence
440. Evidence of orders notices etc.
441. Repealed
442. Certain signatures to be judicially noticed
442A. Repealed
443. Proof of ownership
444. Complaints etc. before Magistrates' Court
445. Appeal
446. Repealed
447. Proceedings in the Supreme Court
448. Removal of order etc. into Supreme Court
449. Repealed
450. Application of penalties
Divisions 5, 6-Repealed
451, 452 Repealed
__________________
1-5-Repealed
SCHEDULE 6-Notice of Birth to the Municipal Clerk
7-11-Repealed
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details

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