Victorian Consolidated Legislation

PUBLIC HEALTH AND WELLBEING ACT 2008

No. 46 of 2008
Version as at 1 January 2009

TABLE OF PROVISIONS

           Section Page

   PART 1-PRELIMINARY

   1.      Purpose
   2.      Commencement
   3.      Definitions

   PART 2-OBJECTIVE, PRINCIPLES AND APPLICATION

   4.      Objective
   5.      Principle of evidence based decision-making
   6.      Precautionary principle
   7.      Principle of primacy of prevention
   8.      Principle of accountability
   9.      Principle of proportionality
   10.     Principle of collaboration
   11.     Principles applying to Part 8.
   12.     Application of Part 6 to areas outside a municipal district
   13.     Act binds the Crown
   14.     Extra-territorial operation of Divisions 2 and 8 of Part 8.

   PART 3-ADMINISTRATION

           Division 1-The Minister and the Secretary

   15.     Delegation by Minister
   16.     Secretary
   17.     Role and functions of the Secretary
   18.     Secretary subject to direction of Minister
   19.     Delegation by Secretary

           Division 2-The Chief Health Officer

   20.     Chief Health Officer
   21.     Functions and powers of the Chief Health Officer
   22.     Power of delegation
   23.     Provision of staff and contractors

           Division 3-Councils

   24.     Function of Councils
   25.     Secretary may require report from Council
   26.     Municipal public health and wellbeing plans
   27.     Inclusion of public health and wellbeing matters in Council
           Plan or Strategic Plan
   28.     Special powers of Secretary in a state of emergency

           Division 4-Officers

   29.     Appointment of environmental health officers
   30.     Secretary may appoint authorised officers
   31.     Councils may appoint authorised officers
   32.     Analysts

   PART 4-CONSULTATIVE COUNCILS

           Division 1-General provisions

   33.     Consultative Councils
   34.     Assistance to Consultative Council
   35.     Proceedings of a Consultative Council
   36.     Sub-committees
   37.     Operation of Consultative Councils

           Division 2-Provisions applying to prescribed Consultative Councils

   38.     Functions of certain prescribed Consultative Councils
   39.     Request to provide information to prescribed Consultative Council
   40.     Provision of prescribed information to prescribed Consultative Council
   41.     Disclosure of information held by a prescribed Consultative Council
   42.     Confidentiality obligations applying in respect of a prescribed Consultative Council
   43.     Confidentiality of documents

           Division 3-Provisions applying to the Consultative Council on Obstetric and Paediatric Mortality and Morbidity

   44.     Consultative Council on Obstetric and Paediatric Mortality and Morbidity
   45.     Constitution of CCOPMM
   46.     Functions of CCOPMM
   47.     Request to provide information in relation to the death of children
   48.     Report of birth

   PART 5-GENERAL POWERS

           Division 1-State Public Health and Wellbeing Plan

   49.     Minister to ensure preparation of State Public Health and Wellbeing Plan

           Division 2-Public inquiries

   50.     Public inquiry
   51.     Conduct of public inquiry
   52.     Report of public inquiry

           Division 3-Health Impact Assessments

   53.     Health Impact Assessment

           Division 4-Collection and disclosure of information

   54.     Application of Division
   55.     Disclosure of information to specified persons
   56.     Secretary may disclose information in certain circumstances
           to a relevant body
   57.     Disclosure of information to other administrators

   PART 6-REGULATORY PROVISIONS ADMINISTERED
   BY COUNCILS

           Division 1-Nuisances

   58.     Application of Division
   59.     Effect of Division
   60.     Duty of Council
   61.     Offence of causing a nuisance
   62.     Notification of nuisance
   63.     Failure of Council to investigate complaint
   64.     Who can institute proceedings?
   65.     Power of Council to investigate nuisance outside its municipal districts
   66.     Nuisance on unoccupied land or occupied land-occupier and owner unknown or cannot be found

           Division 2-Registration of prescribed accommodation

   67.     Registration of prescribed accommodation

           Division 3-Registration of certain businesses

   68.     Application of Division
   69.     Registration of premises

           Division 4-General provisions relating to registration

   70.     Application of Division
   71.     Application for registration
   72.     Registration fees
   73.     Powers of the Council
   74.     Provisions applying in respect of registration
   75.     Registration subject to conditions
   76.     Powers of a Council in respect of registration
   77.     Council's delegation of power to refuse applications
   78.     Issue of replacement certificate

   PART 7-REGULATORY PROVISIONS ADMINISTERED
   BY THE SECRETARY

           Division 1-Cooling tower systems

   79.     When is a cooling tower system in operation?
   80.     Cooling tower system must be registered
   81.     Applications for registration or renewal of registration
   82.     Powers of the Secretary
   83.     Processing of applications
   84.     Multiple cooling tower systems
   85.     Period of registration
   86.     Registration to continue pending renewal
   87.     Secretary to be notified of certain changes
   88.     Secretary to be notified of other changes
   89.     Cooling tower system register
   90.     Issue of replacement certificate
   91.     Owner must ensure risk management plan prepared
   92.     Owner must ensure risk management plan reviewed
   93.     Owner must ensure risk management plan audit conducted
   94.     Certification of approved auditors
   95.     Only approved auditors may conduct audits
   96.     Offence to impersonate approved auditor
   97.     Conflict of interest to be avoided
   98.     Secretary may declare optional variations

           Division 2-Pest control

   99.     Use of certain pesticides prohibited
   100.    Exemption
   101.    Issue or renewal of pest control licences
   102.    Duration of pest control licence
   103.    Conditions of pest control licence
   104.    Application to vary pest control licence
   105.    Powers of Secretary
   106.    Form of pest control licence
   107.    Issue of replacement pest control licence
   108.    Records
   109.    Offences by holder of pest control licence or pest control operator
   110.    Offence by person who is not the holder of a pest control
           licence

   PART 8-MANAGEMENT AND CONTROL OF
   INFECTIOUS DISEASES, MICRO-ORGANISMS AND
   MEDICAL CONDITIONS

           Division 1-Principles applying to the management and control
           of infectious diseases

   111.    Principles

           Division 2-Examination and testing orders and public health
           orders

   112.    Least restrictive measure to be chosen
   113.    Chief Health Officer may make examination and testing order relating to infectious disease
   114.    Provisions applying to examination and testing orders
   115.    Registered medical practitioner must provide results
   116.    Person must comply with an examination and testing order
   117.    Chief Health Officer may make public health order
   118.    Provisions applying to public health orders
   119.    Registered medical practitioner must provide information requested by the Chief Health Officer
   120.    Person must comply with a public health order
   121.    Application for review by Chief Health Officer
   122.    Application for review by VCAT
   123.    Enforcement of orders
   124.    No action lies against registered health practitioner
   125.    Chief Health Officer to facilitate reasonable request for communication

           Division 3-Notifiable conditions and micro-organisms

   126.    Governor in Council may declare infectious diseases and
           micro-organism to be notifiable
   127.    Notification by registered medical practitioners of notifiable conditions
   128.    Notification by a pathology service of a notifiable condition
   129.    Health service and pathology service must have processes to ensure notification
   130.    Notification of a notifiable micro-organism in food

           Division 4-HIV and other prescribed diseases

   131.    Information to be given to a person requesting a test for HIV
           or any other prescribed disease
   132.    Information to be provided if results of test are positive
   133.    Closure of court or tribunal

           Division 5-Orders for tests if incident has occurred

   134.    Orders for tests if incident has occurred
   135.    Authorisation for tests
   136.    Chief Health Officer may disclose certain information
   137.    Orders and authorisations for tests by senior medical officer
   138.    Post test or authorisation counselling
   139.    Tests and test results
   140.    No identification to be given
   141.    Directions about orders or authorisations
   142.    No action lies against registered medical practitioner

           Division 6-Reporting requirements

   143.    Annual report to include information about orders

           Division 7-Immunisation

   144.    Application of sections 145 and 146.
   145.    Immunisation status certificates to be produced before
           attendance at primary school
   146.    Obligations of person in charge of primary school
   147.    Immunisation status certificate
   148.    Issuing of immunisation status certificate
   149.    Effect of immunisation status certificate

           Division 8-Blood and tissue donations

   150.    Application
   151.    Blood donations
   152.    Tissue donations
   153.    Evidentiary
   154.    Liability of donors
   155.    False statements

           Division 9-Autopsies

   156.    Autopsies
   157.    Notice of and objection to autopsy

           Division 10-Brothels and escort agencies

   158.    Provision and storage of condoms
   159.    Use of condoms
   160.    Refusal of service
   161.    Evidence of medical examination
   162.    Information to sex workers and clients
   163.    Clean linen and towels
   164.    Showers and baths
   165.    Inspections and interviews

   PART 9-AUTHORISED OFFICERS

           Division 1-General

   166.    Production of identity card
   167.    Power to request information

           Division 2-Powers of entry

   168.    Power to enter-risk to public health
   169.    Power to enter-monitoring compliance or investigating
   170.    Issue of search warrants

           Division 3-Procedure for entry

   171.    Announcement before exercising power of entry
   172.    Notice if power of entry exercised without owner or occupier being present
   173.    Announcement before entry on warrant
   174.    Copy of warrant to be given to occupier

           Division 4-Powers after entry

   175.    General powers of authorised officers
   176.    Power to direct persons to produce documents, operate equipment or answer questions
   177.    Authorised officers to give receipts for seized things and
           samples taken
   178.    Copies of seized documents
   179.    Retention and return of seized documents or things
   180.    Magistrates' Court may extend 3 month period
   181.    Forfeiture and destruction of seized things
   182.    Secretary or Council may cause forfeited things to be
           destroyed or otherwise disposed of

           Division 5-Offences and complaints

   183.    Offence to hinder or obstruct authorised officer
   184.    Offence to impersonate authorised officer
   185.    Complaints
   186.    Investigation by Ombudsman

   PART 10-PROTECTION AND ENFORCEMENT
   PROVISIONS

           Division 1-Powers to investigate, eliminate or reduce public
           health risks

   187.    Restriction on entry to residential premises
   188.    Chief Health Officer may direct a person to provide
           information
   189.    Powers in the case of a risk to public health
   190.    Public health risk powers
   191.    How may an authorisation be given?
   192.    Assistance
   193.    Compliance with direction or requirement

           Division 2-Improvement notices and prohibition notices

   194.    Secretary or Council may issue improvement notice or prohibition notice
   195.    Proceedings for offences not affected by notices
   196.    Injunction for non-compliance with improvement notice or prohibition notice
   197.    Special provisions relating to nuisances

           Division 3-Emergency powers

   198.    Declaration of a state of emergency
   199.    Chief Health Officer may authorise exercise of certain powers
   200.    Emergency powers
   201.    How may an authorisation be given?
   202.    Assistance
   203.    Compliance with direction or other requirement
   204.    Compensation

   PART 11-GENERAL PROVISIONS

           Division 1-Reviews and appeals

   205.    Review by a Council
   206.    Review by the Secretary
   207.    Review by VCAT
   208.    Appeal against improvement notice or prohibition notice

           Division 2-Infringements

   209.    Infringements

           Division 3-Offences

   210.    False or misleading information
   211.    Destroying or damaging records
   212.    Protection against self-incrimination
   213.    Legal professional privilege not affected
   214.    Offences by corporations
   215.    Persons who are liable for offences

           Division 4-Proceedings and legal matters

   216.    Responsible agency for the Crown
   217.    Infringement and other notices may be issued to the Crown
   218.    Proceedings against successors to public bodies
   219.    Power to bring proceedings
   220.    Time within which proceedings for offences may be brought
   221.    Service of notices, orders and other documents
   222.    Validity and effect of notices, orders and other documents
   223.    Evidence of signatures
   224.    Certificate of examination and analysis
   225.    Evidentiary certificate signed by the Secretary
   226.    Evidentiary certificate signed by Chief Executive Officer of a Council
   227.    Protection of person giving certain information

           Division 5-Costs

   228.    Recovery of costs
   229.    Actions to ensure compliance with direction, requirement or notice
   230.    Cost recovery in respect of failure to comply with direction, requirement or notice
   231.    Expenses recoverable by a Council in the abatement of any nuisance

           Division 6-Regulations

   232.    General
   233.    Consultative Councils
   234.    General requirements relating to public health and wellbeing
   235.    Nuisances, prescribed accommodation and registered premises
   236.    Cooling tower systems
   237.    Pest control
   238.    Management and control of infectious disease, micro-
           organisms and medical conditions
   239.    Fees

   PART 12-MISCELLANEOUS

           Division 1-General

   240.    Supreme Court-limitation of jurisdiction
   241.    Repeal of certain provisions
   242.    Repeal and saving
   243.    Transitional provisions-Health Act 1958.
   244.    Transitional provisions for blood and tissue donations
   245.    Saving and transitional-Cooling tower systems
   246.    Transitional regulations

           Division 2-Amendments to other Acts

   247.    Births, Deaths and Marriages Registration Act 1996.
   248.    Building Act 1993.
   249.    Cemeteries and Crematoria Act 2003.
   250.    Coroners Act 1985.
   251.    Food Act 1984-Amendment of section 4(1)
   252.    Food Act 1984-Section 6 substituted
   253.    Food Act 1984-Section 20.
   254.    Food Act 1984-Section 38.
   255.    Food Act 1984-New section 39C inserted
   256.    Food Act 1984-Section 40.
   257.    Food Act 1984-Sections 45AA to 45AC inserted
   258.    Food Act 1984-Sections 50AA, 50AB and 50AC inserted
           Officer of a council
   259.    Food Act 1984-Amendment of section 51.
   260.    Food Act 1984-Amendment of section 55.
   261.    Food Act 1984-Section 59 substituted and sections 59A
           to 59C inserted
   262.    Health Act 1958-Section 5 substituted
           a municipal district
   263.    Health Act 1958-Section 29B substituted
   264.    Health Act 1958-New section 162FAA inserted
           death of children
   265.    Health Act 1958-Other amendments
   266.    Radiation Act 2005.

           Division 3-Amendment of Victorian Civil and Administrative Tribunal Act 1998.

   267.    Amendment of Schedule 1.

   PART 16B-PUBLIC HEALTH AND WELLBEING ACT 2008.
   not to apply

           Division 4-Consequential amendments to other Acts

   268.    Agricultural and Veterinary Chemicals (Control of Use) Act 1992.
   269.    Ambulance Services Act 1986.
   270.    Australian Grands Prix Act 1994.
   271.    Building Act 1993.
   272.    Crimes Act 1958.
   273.    Dairy Act 2000.
   274.    Dangerous Goods Act 1985.
   275.    Drugs, Poisons and Controlled Substances Act 1981.
   276.    Health Professions Registration Act 2005.
   277.    Health Services Act 1988.
   278.    Infertility Treatment Act 1995.
   279.    Land Tax Act 2005.
   280.    Meat Industry Act 1993.
   281.    Mental Health Act 1986.
   282.    Prince Henry's Institute of Medical Research Act 1988.
   283.    Prostitution Control Act 1994.
   284.    Road Safety Act 1986.
   285.    Safe Drinking Water Act 2003.
   286.    Seafood Safety Act 2003.
   287.    Sentencing Act 1991.
   288.    Summary Offences Act 1966.
   289.    Terrorism (Community Protection) Act 2003.
   290.    Therapeutic Goods (Victoria) Act 1994.
   291.    Tobacco Act 1987.
   292.    Water Act 1989.

           Division 5-Repeal

   293.    Repeal of Divisions 2, 3 and 4 and this Division
           __________________
           SCHEDULE
           TABLE 1.
           TABLE 2.
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           ENDNOTES
           1. General Information
           2. Table of Amendments
           3. Explanatory Details