60 penalty units. (2) A person must not conduct a risk management plan audit of a risk management plan as an employee of another person if any other employee of that other person has written, or assisted in preparing, that risk management plan. 60 penalty (3) In this section, interested person, in relation to a cooling tower system, means— owner of the land on which the cooling tower system stands; owner of the cooling tower system; person who was involved in the construction or installation of the cooling tower system; person who was involved in the maintenance or testing of the cooling tower system during the period covered by an audit; person who has written, or has assisted in the writing of, a risk management plan for the cooling tower system; (f) a person who has reviewed, or has assisted in the reviewing of, the risk management plan for the cooling tower system. 98 Secretary may declare optional variations (1) The Secretary may by notice in writing declare optional variations to risk management requirements in respect of a particular cooling
exceeding 72 hours for the purpose of undergoing the specified examination or test. 114 Provisions applying to examination and testing orders (1) An examination and testing has effect from the time that it is served on the person to whom it applies. (2) The Health Officer must as soon as is reasonably practicable provide a copy of an examination and testing order to any registered medical practitioner specified in the examination and testing order. (3) If a person is detained under an examination and testing order, the period of the detention commences when the person is in the physical custody of the person who is taking that person to the specified place of detention. (4) If the Chief Health Officer ceases to believe that any of the matters specified in section 113(1) apply, the Chief Health Officer must— the examination and testing order by a written notice of revocation; a copy of the notice of revocation on the person to whom the examination and testing order applied; a copy of the notice of revocation to any registered medical practitioner specified in the examination and testing order.
why the Health Officer believes that the person is infected with the infectious disease or has been exposed to the infectious disease in circumstances where a person is likely to contract the infectious disease; (f) subject to subsection (4), specify the period for which the public health order continues to have effect; the person's rights and entitlements under this Act and the process for making an application for review to VCAT; a statement that the person should seek advice; that if the person does not comply with the order, the person commits an offence and is liable to a penalty not exceeding 120 penalty units. (4) The period for a public health order continues to have effect must— exceed 6 months from the day on which the order is made; proportionate with the risk that the person poses to public health. (5) A public health may require the person to whom the public health order applies to comply with any of the following as specified in the order and subject to any specified conditions that the Chief Health Officer considers are appropriate—
day on which the person was notified under subsection (6) of the right to apply for a review; or under the Victorian Civil and Administrative Tribunal Act 1998, the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given. Division 1—Reviews and appeals 205 Review by a Council (1) In this section— decision means a decision made by a Council under section 74 or 76 in respect of the issue, variation, transfer, renewal, cancellation or suspension of a registration; person aggrieved means the person who is the applicant for, or the holder of, the registration in respect of which the decision was made. (2) A person aggrieved by a decision may within 28 days of being notified of the decision apply to the Council for a review of the decision.
Pt 12 Div. 5 (Heading and s. 293) repealed by No. 46/2008 s. 293. * * * * * Sch. amended by No. 13/2010 s. 51(Sch. item 44.5). TABLE 1 Item Column 1 Person against whom action brought Column 2 Defences Column 3 Exception to defences 1 The Society, a health service or an employee, agent or voluntary worker of the Society or a health service. The Society or health service— (a) before taking the blood from a donor obtained a statement from the donor which is in the approved form and published in the Government Gazette; and (b) before supplying the blood or a blood product— (i) caused a sample; or (ii) in the case of a blood product, caused a sample After the Society or health service supplied blood, the Society or health service had reasonable grounds for believing that the blood was likely to contain HIV, Hepatitis C or a prescribed disease (as the case may be) and did not take all reasonable steps— (a) to find out whether the blood, or a blood product derived
of each unit of blood from which the product was derived— to be tested in a manner which is approved by the Secretary and published in the Government Gazette for the presence of HIV, Hepatitis C or a prescribed disease (as the case may be); and (c) obtained a negative result from that test or each of those tests. from that blood, had been given to a person; and (b) to ensure that any remaining part of the blood, or a blood product derived from that blood, is not given to any person. Item Column 1 Person against whom action brought Column 2 Defences Column 3 Exception to defences
the test was negative; or Item Column 1 Person against whom action brought Column 2 Defences Column 3 Exception to defences (b) the Society or health service from which the blood or blood product was supplied— (i) before taking the blood from a donor obtained a statement from the donor which is in the approved form and published in the Government Gazette; and (ii) before supplying the blood or a blood product— (A) caused a sample; or (B) in the case of a blood product, caused a sample of each unit of blood from which the product was derived—
to be tested in a manner which is approved by the Secretary and published in the Government Gazette for the presence of HIV, Hepatitis C or a Item Column 1 Person against whom action brought Column 2 Defences Column 3 Exception to defences prescribed disease (as the case may be); and (iii) obtained a negative result from that test or each of those tests; or (c) before taking the blood from a donor— (i) the Society or health service obtained a statement from the donor which is in the approved form and published in the Government Gazette; and (ii) the was required to be
supplied to a person— (a) blood supplied by the Society or a health service; (b) or a blood product derived from blood so supplied. HIV, Hepatitis C or a prescribed disease (as the case may be); and (b) did not take reasonable to ensure that the blood or blood product was not administered to, or used by, any person. TABLE 2 Item Column 1 Person against whom action brought Column 2 Defences Column 3 Exception to defences 1 A health service, registered medical practitioner or a person dealing with tissue. Either— (a) in the case of tissue (other than semen) taken from a living person— (i) the donor completed a The health service or other person had reasonable grounds for believing that the tissue or semen was likely to contain HIV, Hepatitis C or a