education and care service premises a place where an education and care service within the meaning of the Education and Care Services National Law (Victoria) educates or cares for children; emergency powers means the powers specified in section 200; environmental health officer means a person appointed as an environmental health officer by a Council under section 29; S. 3(1) def. of escort agency amended by No. 63/2010 s. 81(Sch. item 9.1). escort agency has the same meaning as in section 3(1) of the Sex Work Act 1994; escort agency proprietor means the proprietor of the escort agency or the person in charge of the escort agency; examination and testing order means an order made under section 113; S. 3(1) def. of family violence inserted by No. 19/2017 s. 59. family violence has the same meaning as in section 4 of the Family Violence Protection Act 2008;
of or about a document to which subsection (1) applies. (3) The Freedom of Information Act 1982 does not apply to a document or any information referred to in subsection (1) or (2). (4) Part 5 and HPP 6 of the Health Records Act 2001 do not apply to a document or any information referred to in subsection (1) or (2). 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 (1) The Consultative Council on Obstetric and Paediatric Mortality and Morbidity established by section 162C of the Health Act 1958 as in force immediately before the commencement of section 242 is continued under this Act. (2) The Consultative Council on Obstetric and Paediatric Mortality and Morbidity is referred to in this Act as CCOPMM. 45 Constitution of CCOPMM (1) CCOPMM is to consist of not more than 12 members appointed by the Minister by Order.
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. (5) The Chief Health Officer can only make a further examination and testing order under section 113(1) providing for a person to be detained if the Chief Health Officer is satisfied that since the person was last detained there has been a change in the person's health which constitutes a different serious risk to public health. 115 Registered medical practitioner must provide results A registered medical practitioner who conducts an examination or test on a person in accordance with an examination and testing order must as soon as is reasonably practicable provide written results of the examination or test to— Chief Health Officer; and
and is liable to a penalty not exceeding 120 penalty units. (4) The period for which 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 order 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— in counselling, education or other activities provided by a specified person or specified class of person; an assessment by a specified psychiatrist or specified neurologist; from carrying out certain activities either absolutely or unless specified conditions are complied with; from specified forms of behaviour either absolutely or unless specified conditions are complied with; from visiting a specified place or specified class of place; (f) reside at a specified place of residence at all times or during specified times;
results of the test; the test indicated the presence of an infectious disease— effects of the infectious disease on an infected person; and (ii) the risk to public health of the infectious disease. 139 Tests and test results (1) A pathologist or registered medical practitioner who conducts a test under an order or authorisation— the Health Officer under this Division must without delay report the test results to the Chief Health Officer; an authorised senior medical officer this Division must without delay report the test results to the authorised senior medical officer. (2) On receiving the test results, the Chief Health Officer or authorised senior medical officer must without delay give notice of the test results to— appropriate person mentioned in section 134(1)(b); and person tested. (3) A pathologist or registered medical practitioner who conducts a test on a person mentioned in section 134(1)(b) in relation to an order or authorisation—
Society or a health service. 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 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 prescribed disease (as the case may be); and (c) obtained a negative result from that test or each of those tests. 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 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
2 A health service or another body at whose premises— (a) blood supplied by the Society or a health service; or (b) a blood product derived from blood supplied by the Society or a health service— is administered or supplied to a person. Either— (a) when the blood or blood product was administered or supplied, there was attached to the container in which the blood or blood product was contained a certificate purporting to have been issued at the laboratory at which a sample of the blood was tested stating— (i) in the case of that a sample of the blood; and (ii) in the case of a blood product, that a sample of each unit of blood from which the blood product was derived— was 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 that the result of the test was negative; or If, at any time up to and including the time at the blood or blood product was administered or used, the health service or other body at whose premises the blood or blood product was administered or used— (a) had been informed that the blood or blood product was likely to contain 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.
(iii) it was not reasonably practicable to obtain all the required blood from a source which has been tested in the manner which is approved by the Secretary and published in the Government Gazette; Item Column 1 Person against whom action brought Column 2 Defences Column 3 Exception to defences 3 A registered medical practitioner, nurse, midwife or registered pharmacist or a person acting on behalf of a registered medical practitioner, nurse, midwife or registered pharmacist who administered or supplied to a person— The defences set out in column 2 of item 2. If, at any time up to and including the time at which the blood or blood product was administered or used, the registered medical practitioner, nurse, midwife or registered pharmacist or other person— (a) had been informed that the blood or blood product was likely to contain HIV, Hepatitis C or a prescribed
(a) blood supplied by the Society or a health service; (b) or a blood product derived from blood so supplied. disease (as the case may be); and (b) did not take reasonable steps 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 statement which is in the approved 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 prescribed disease (as the case may be)
form and published in the Government Gazette before the tissue was taken; and (ii) a sample of the blood was 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 (iii) the result of the test was negative; or (b) in the case of tissue (other than semen) taken from the body of a dead person — (i) a sample of the blood of the dead person was tested in a manner which and did not take reasonable steps to ensure that the tissue or semen was not used in a way that might infect the person with HIV, Hepatitis C or a prescribed disease (as the case may be). Item Column 1 Person against whom action brought Column 2 Defences Column 3 Exception to defences is approved by the Secretary and published in the Government
Commencement Date: S. 129(Sch. 2 item 21) on 1.11.09: s. 2 : This information relates only to the provision/s amending the Public Health and Wellbeing Act 2008 Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009 Assent Date: 24.11.09 Commencement Date: S. 97(Sch. item 99) on 1.1.10: Government Gazette 10.12.09 p. 3215 : This information relates only to the provision/s amending the Public Health and Wellbeing Act 2008 Statute Law Amendment (Evidence Consequential Provisions) Act 2009, No. 69/2009 Assent Date: 24.11.09 Commencement Date: S. 54(Sch. Pt 1 item 47), (Sch. Pt 2 item 40) on 1.1.10: s. 2(2) : This information relates only to the provision/s amending the Public Health and Wellbeing Act 2008 Statute Law Amendment (National Health Practitioner Regulation) Act 2010, No. 13/2010 Assent Date: 30.3.10 Commencement Date: S. 51(Sch. item 44) on 1.7.10: s. 2(2) : This information relates only to the provision/s amending the Public Health and Wellbeing Act 2008 Health and Human Services Legislation Amendment Act 2010, No. 29/2010 Assent Date: 8.6.10 Commencement Date: Ss 3–6 on 1.7.10: Special Gazette (No. 235) 23.6.10 p. 1 : This information relates only to the provision/s amending the Public Health and Wellbeing Act 2008 Consumer Affairs Legislation Amendment (Reform) Act 2010, No. 63/2010 Assent Date: 28.9.10
Integrity and Accountability Legislation Amendment Act 2012, No. 82/2012 Assent Date: 18.12.12 Commencement Date: S. 296 on 10.2.13: Special Gazette (No. 32) 6.2.13 p. 2 : This information relates only to the provision/s amending the Public Health and Wellbeing Act 2008 Emergency Management Act 2013, No. 73/2013 Assent Date: 3.12.13 Commencement Date: S. 102 on 1.7.14: Special Gazette (No. 148) 13.5.14 p. 1 : This information relates only to the provision/s amending the Public Health and Wellbeing Act 2008 Legal Profession Uniform Law Application Act 2014, No. 17/2014 Assent Date: 25.3.14 Commencement Date: S. 160(Sch. 2 item 79) on 1.7.15: Special Gazette (No. 151) 16.6.15 p. 1 : This information relates only to the provision/s amending the Public Health and Wellbeing Act 2008 Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014 Assent Date: 3.6.14 Commencement Date: S. 10(Sch. item 136) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2 : This information relates only to the provision/s amending the Public Health and Wellbeing Act 2008 Privacy and Data Protection Act 2014, No. 60/2014 Assent Date: 2.9.14 Commencement Date: S. 140(Sch. 3 item 39) on 17.9.14: Special Gazette (No. 317) 16.9.14 p. 1 : This information relates only to the provision/s amending the Public Health and Wellbeing Act 2008 Inquiries Act 2014, No. 67/2014