PUBLIC HEALTH AND WELLBEING ACT 2008 (NO. 46 OF 2008)
Table of Provisions
PART 1--PRELIMINARY
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
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
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
- 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
- 263 Health Act 1958—Section 29B substituted
- 264 Health Act 1958—New section 162FAA inserted
- 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
Division 5--of Part 4 does not 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