127 Notification by registered medical practitioners of notifiable conditions 112 128 Notification by a pathology service of a notifiable condition 112 129 Health service and pathology service must have processes to ensure notification 113 130 Notification of a notifiable micro-organism in food 114 Division 4—HIV and other prescribed diseases 116 131 Information to be given to a person requesting a test for HIV or any other prescribed disease 116 132 Information to be provided if results of test are positive 117 133 Closure of court or tribunal 117 Division 5—Orders for tests if incident has occurred 118 134 Orders for tests if incident has occurred 118 135 Authorisation for tests 123 136 Chief Health Officer may disclose certain information 124 137 Orders and authorisations for tests by senior medical officer 125 138 Post test or authorisation counselling 127 139 and test results 128 140 No identification to be given 129 141 Directions about orders or authorisations 129 142 No action lies against registered medical practitioner 131 Division 6—Reporting requirements 131 143 Annual report to include information about orders 131 Division 7—Immunisation 131 144 Application of sections 145 and 146 131 145 Immunisation status certificates to be produced before attendance at primary school 132 146 Obligations of person in charge of primary school 132 147 Immunisation status certificate 132 148 Issuing of immunisation status certificate 133 149 Effect of immunisation status certificate 134 Division and tissue donations 134 150 Application 134 151 Blood donations 135 152 Tissue donations 136 153 Evidentiary 137 154 Liability of donors 138 155 False statements 138 Division 9—Autopsies 138
birth means a birth or stillbirth that is required to be registered under the Births, Deaths and Marriages Registration Act 1996; S. 3(1) def. of brothel amended by No. 63/2010 s. 81(Sch. item 9.1). brothel has the same meaning as in section 3(1) of the Sex Work Act 1994; brothel proprietor means the proprietor of the brothel or the person in charge of the brothel; business includes trade, manufacture, process or occupation; CCOPMM the Consultative Council on Obstetric and Paediatric Mortality and Morbidity continued under section 44; Chief Health Officer means the person appointed as Chief Health Officer under section 20; child means a person under 18 years of age; s. 3 Note See also subsection (2). children's services centre means any premises or place where a children's service within the meaning of section 3(1) of the Children's Services Act 1996 operates; colonic irrigation means—
machinery that is used to operate the tower or towers; and associated tanks, pipes, valves, pumps or controls; Council has the same meaning as in section 3(1) of the Local Government Act 1989; Council Chairperson means the Chairperson of a Consultative Council; day procedure centre has the same meaning as in section 3(1) of the Health Services Act 1988; denominational hospital has the same meaning as in section 3(1) of the Health Services Act 1988; S. 3(1) def. of Department amended by No. 29/2010 s. 3(a). Department means the Department of Health; dependant of a deceased person means— s. 3 person who was the spouse or domestic partner of the person at the date of the person's child of the person; person who— (i) was, at the date of the person's death, wholly or partially
cutting, scarring, branding, scraping, puncturing or tearing of their skin or mucous membrane using an instrument but does not include tattooing; Society means the Society incorporated by Royal Charter under the name of Australian Red Cross Society; specified infectious disease s. 3 form of hepatitis which may be transmitted by blood or body fluid; infectious disease prescribed to be a specified infectious disease; spouse of a person means a person to whom the person is married; state of emergency means a state of emergency declared under section 198; stillbirth means the birth of a stillborn child; substance includes any article or compound; S. 3(1) def. of surgical or medical procedure amended by No. 13/2010 s. 51(Sch. item 44.2). surgical or medical procedure a surgical or medical procedure performed— a registered medical practitioner or a or midwife; or
authorised by subsection (2) in the same way as they apply to a delegation. (5) The Secretary by instrument may delegate the power conferred on the Secretary by section 50 to a person who is— executive within the meaning of section 4(1) of the Public Administration Act 2004; or prescribed senior officer. S. 19A inserted by No. 29/2010 s. 5. 19A Delegation by Secretary body corporate s. 19A The Secretary body corporate may, by instrument, delegate to any employee or class of employees employed under Part 3 of the Public Administration Act 2004, any power, duty or function of the Secretary body corporate under this Act (other than this power of delegation) or any other Act, or under the regulations made under this Act or any other Act. S. 19B inserted by No. 29/2010 s. 5. 19B Committee of management s. 19B The Secretary body corporate may be a committee of management under the (Reserves) Act 1978. S. 19C inserted by No. 29/2010 s. 5. 19C Powers of the Secretary body corporate in relation to intellectual property Without limiting the powers conferred on the Secretary body corporate under section 16, the
In the case of a natural person, 120 penalty units; In the case of a body corporate, 600 penalty units. 81 Applications for registration or renewal of registration s. 81 (1) An application to register, or to renew the registration of, a cooling tower system may be made to the Secretary by— owner of the land on which the cooling tower system is located; owner of the cooling tower system; agent, employee or other person acting on behalf of the person referred to in paragraph (a) or (b). (2) The application must— submitted in the approved form; and information required by the Secretary that relates to the registration; and (ii) the relevant prescribed fee.
(1) This section applies if a registered medical practitioner has reasonable grounds to believe that a patient— or may have, a notifiable condition; or or may have, died with a notifiable condition. (2) The registered medical practitioner must notify the Secretary of the notification details in accordance with— the notifiable condition was prescribed to be a notifiable condition by the regulations, the regulations within the prescribed period; or the notifiable condition was declared to be a notifiable condition by an Order in Council, the Order in Council within the specified period. 60 penalty 128 Notification by a pathology service of a notifiable condition (1) This section applies if— pathology service situated in Victoria performs a test in Victoria on a sample, or a pathology service situated outside Victoria, performs a test on a sample at the request of a pathology service situated in Victoria; and
any person in the premises a reasonable opportunity to allow entry to the premises. (2) An authorised officer does not have to comply with subsection (1) if the authorised officer— that it is not practicable to do so; or on reasonable grounds that immediate entry to the premises is required to ensure— health or safety of any person; or (ii) the effective exercise of the powers of the authorised officer. 172 Notice if power of entry exercised without owner or occupier being present If an authorised officer exercises a power of entry under section 169(3), 190(1)(c) or 229 without the owner or occupier being present, unless the premises are abandoned or vacant or public land, the authorised officer must, on leaving the premises, leave a notice setting out— time of entry; purpose of description of all things done on the premises; time of departure; procedure for contacting— the authorised officer was appointed by the Secretary, the Department; or
(f) take a sample of, or from, any thing, at the premises for examination, analysis, measurement or testing; (g) analyse, measure or test any thing at the premises with equipment brought to the premises or already at the premises; s. 175 any photographs or make any audio or visual recordings at the premises; copies of, or take extracts from, any document kept at the premises; (j) use or test any equipment at the premises; any other thing that is reasonably necessary for the purpose of the authorised officer performing or exercising his or her functions or powers under this Act or the regulations. (2) In doing any thing referred to in subsection (1), an authorised officer may be assisted by any person. 176 Power to direct persons to produce documents, operate equipment or answer questions s. 176 (1) An authorised officer who enters any premises section 169 may direct a person at the premises to— a document or part of a document located at the premises that is in the person's possession or control;
production of a document or part of a document that the person is required by this Act or the regulations to produce; or giving of a person's name or address in accordance with this Act or the regulations. S. 213 (Heading) amended by No. 69/2009 s. 54(Sch. Pt 1 item 47.2). 213 Legal professional privilege and client legal privilege not affected s. 213 Nothing in this Act or the regulations— S. 213(a) amended by No. 69/2009 s. 54(Sch. Pt 1 item 47.3). or requires a person to disclose information that is the subject of legal professional privilege or client legal privilege; or S. 213(b) amended by No. 69/2009 s. 54(Sch. Pt 1 item 47.3). the law or practice relating to professional privilege or client legal privilege. 214 Offences by corporations (1) If a corporation is guilty of an offence against this Act or the regulations, any officer of the corporation who was in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the commission of the offence is also guilty of that offence and liable to the penalty for that offence.
section 150 continues to apply in respect of any proceedings in an action referred to in section 132 or 133 of that Act commenced before that commencement as if the Health Act 1958 had not been repealed. (2) Sections 135 and 136 of the Health Act 1958 as in force immediately before the commencement of section 150 continue to apply to any donation where the donor statement was signed before that commencement as if the Health Act 1958 had not been repealed. (3) Section 151 does not apply in relation to— Hepatitis C infection that occurred or was transmitted by a blood donation made before 5 February 1990; HIV infection that occurred or was transmitted by a blood donation made before 30 June 1985. (4) Section 152 does not in relation to— Hepatitis C infection that occurred or was transmitted by a tissue donation made before 16 May 1995; HIV infection that occurred or was transmitted by a tissue donation made before 15 May 1990. (5) For the purposes of section 151, if a blood donation occurred—
reference to a provision of this Act in which the functions, duties and powers are specified. the Minister proposes to recommend to the Governor in Council that an Order in Council under this section specifies a Council for the purposes of subsection (2)(c), the Minister must consult with the Minister administering the Local Government Act 1989 before making the recommendation. an Order in Council under this section specifies a Council for the purposes of subsection (2)(c), then, for the purposes of the application of the specified Division or Divisions of Parts III, XII and XIX in the specified area to which the Order relates, that area is taken to be part of the municipal district of the Council specified in the Order. s. 262 an Order in Council is made in relation to the Secretary under subsection (2)(d), then, for the purposes of the application of the specified Division or Divisions of Parts III, XII and XIX in the specified area to which the Order relates, a reference in a provision of that Division or those Divisions to a Council is taken to be a reference to the Secretary. provisions of this Act that are necessary to give effect to the application of the specified Division or Divisions of III,
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, 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 of each unit of blood from which the product was derived— to be tested in a manner 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 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 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.
pharmacist who administered or supplied to a person— (a) blood supplied by the Society or a health service; (b) or a blood product derived from blood so supplied. 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 steps to ensure that the blood or blood product was not administered to, or used by, any person. Sch. 2 Sch. Item Column 1 Person against whom action brought Column 2 Defences Column 3 Exception to defences 1 A health service, Either— The health service or other person had