Victorian Consolidated Legislation

Public Health and Wellbeing Act 2008 - SECT 263

Health Act 1958-Section 29B substituted

263. Health Act 1958-Section 29B substituted

For section 29B of the Health Act 1958 substitute-

"29B. Municipal public health plans

(1) Unless section 29C applies, a Council must, in consultation with the
Secretary, prepare a municipal public health plan within the period of 12
months after each general election of the Council.

(2) A municipal public health plan must-

   (a)  include an examination of data about health status and health
        determinants in the municipal district;

   (b)  identify goals and strategies based on available evidence for creating
        a local community in which people can achieve maximum health;

   (c)  provide for the involvement of people in the local community in the
        development, implementation and evaluation of the public health plan;

   (d)  specify how the Council will work in partnership with the Department
        and other agencies undertaking public health initiatives, projects and
        programs to accomplish the goals and strategies identified in the
        public health plan;

   (e)  be consistent with-

   (i)  the Council Plan prepared under section 125 of the
        Local Government Act 1989; and

   (ii) the municipal strategic statement prepared under section 12A of the
        Planning and Environment Act 1987.

(3) A Council must review its municipal public health plan annually and, if
appropriate, amend the plan.

(4) Despite subsection (2)(c), a Council is not required to provide for the
involvement of people in the local community when reviewing or amending a
municipal public health plan under subsection (3).

(5) A Council must give a copy of the current municipal public health plan to
the Secretary.

(6) A copy of the current municipal public health plan must be available for
inspection by the public at the places at which the current Council Plan must
be available under section 125(11) of the Local Government Act 1989.

29C. Inclusion of public health matters in Council Plan or strategic plan

(1) A Council is not required to comply with section 29B if-

   (a)  the Council complies with this section; and

   (b)  the Secretary grants the Council an exemption from complying with
        section 29B.

(2) If a Council intends to comply with this section, the Council must-

   (a)  address the matters specified in section 29B(2) in the Council Plan to
        be prepared under section 125 of the Local Government Act 1989 or in a
        Strategic Plan prepared and approved by the Council;

   (b)  if the matters specified in section 29B(2) are included in the Council
        Plan, review the Council Plan in accordance with section 125(7) of the
        Local Government Act 1989;

   (c)  if the matters specified in section 29B(2) are included in a Strategic
        Plan, review the Strategic Plan annually.

(3) A Council may apply to the Secretary for an exemption from complying with
section 29B by submitting a draft of the Council Plan or Strategic Plan which
addresses the matters specified in section 29B(2).

(4) If the Secretary is satisfied that the draft Council Plan or Strategic
Plan adequately addresses the matters specified in section 29B(2), the
Secretary must grant the Council an exemption from complying with section 29B.

(5) If the Secretary is not satisfied that the draft Council Plan or Strategic
Plan adequately addresses the matters specified in section 29B(2), the
Secretary must-

   (a)  refuse to grant an exemption from complying with section 29B(2); and

   (b)  advise the Council in writing-

   (i)  of the reasons for refusing to do so; and

   (ii) as to the changes that should be made to the draft Council Plan or
        Strategic Plan.

(6) If a Council has been granted an exemption from complying with section
29B, the Council must give a copy of the current Council Plan or Strategic
Plan to the Secretary if a change is made to the Council Plan or Strategic
Plan which relates to the matters specified in section 29B(2).

29D. Transitional
A municipal public health plan in force under section 29B as in force
immediately before the commencement of section 263 of the
Public Health and Wellbeing Act 2008 is taken to be a municipal public health
plan under section 29B as in force on and from that commencement.".