Health (Cervical Screening Register) Regulations 1991 (WA)
Western Australia
Health (Miscellaneous Provisions) Act 1911
Western Australia
Western Australia
Health (Miscellaneous Provisions) Act 1911Health (Miscellaneous Provisions) Act 1911
These regulations may be cited as the
These regulations shall come into operation on the expiry of 2 months beginning on the day on which they are published in the
In these regulations unless the contrary intention appears —
(a) is established under the law of the Commonwealth or of another State or a Territory; and
(b) contains information of the kind held on the Register;
Cervical cancer is prescribed under section 289B of the Act as a condition of health to which Part IXA of the Act applies.
(1) The CEO is to keep a register to be known as the Cervical Screening Register.
(2) The Register is to contain —
(a) a compilation of results, or copies of results, of cervical cancer tests —
(i) forwarded under regulation 9 (before it was deleted by the
Health Regulations Amendment (Cervical Screening Register) Regulations 2018 regulation 7); or(ii) disclosed to the CEO by the officer in charge of a corresponding register in accordance with the law of the Commonwealth or the State or Territory in which that register is established;
and
(b) other information forwarded to the CEO under regulation 10A.
(3) The register is to be kept for the following purposes —
(a) to reduce the number of illnesses and deaths caused by, or related to, cervical cancer;
(b) to reduce the number of cervical cancer cases;
(c) to plan, monitor and evaluate services for the prevention and alleviation of cervical cancer and the care of persons with cervical cancer or its precursors in Western Australia;
(d) to compile and publish general statistical information relating to cervical cancer and screening for cervical cancer;
(e) to carry out research into the causes of cervical cancer and the effectiveness of prevention, screening and treatment services.
(1) The information on the Register must be used by the CEO —
(a) where possible, to provide for notification to women whose cervical cancer test results are normal, the appropriate time for their next test; and
(b) where possible, to ensure that appropriate procedures are put in place for women whose test results are abnormal or unsatisfactory; and
(c) to provide a linked record of results for every woman on the Register, which is available —
(i) to the woman; and
(ii) to the persons referred to in subregulation (3) for the purpose of assisting in the diagnosis or treatment of the woman or determining when she should have her next cervical cancer test;
and
(d) to provide comparative data from laboratories to encourage consistency of performance; and
(e) to provide epidemiological data in order to —
(i) monitor participation rates and patterns;
(ii) assist programme planning;
(iii) provide a data base for use in approved research into cancer, its alleviation and prevention;
(iv) increase public awareness by the publication of statistical profiles; and
(v) assist the compilation of comparative data by any national organization approved by the CEO;
and
(f) monitor and evaluate the effectiveness of vaccination programmes for the prevention of the human papillomavirus in women.
(2) Data provided under subregulation (1)(e)(iv) or (v) must not contain any information which enables the identification of any woman in respect of whom data is held on the Register.
(3) The record of results for a woman is available to the following people —
(a) a medical practitioner who is, or was formerly, the woman’s medical practitioner;
(b) a nurse or a midwife who is, or was formerly, engaged by the woman to conduct a cervical cancer test;
(c) a person in charge of a laboratory engaged by or on behalf of the woman;
(d) a member of the staff at —
(i) the practice at which a medical practitioner, nurse or midwife referred to in paragraph (a) or (b) practices; or
(ii) a laboratory referred to in paragraph (c).
(1) A person must not disclose information on the Register other than —
(a) with the written consent of any woman to whom the information relates; or
[(b) deleted] (c) for the purposes of regulation 6; or
(ca) for the purpose of including the information in the National Cancer Screening Register established under the
National Cancer Screening Register Act 2016 (Commonwealth) section 9; or(d) in accordance with an authorisation under subregulation (1a).
(1a) The CEO may authorise the disclosure of information on the Register to the person in charge of a corresponding register if —
(a) the woman to whom the information relates resides in the State or Territory in which the corresponding register is established; and
(b) the CEO is satisfied that the information is to be used solely for a purpose that is the same or substantially similar to a purpose described in regulation 6(1)(a) or (b).
(2) A person who contravenes subregulation (1) commits an offence.
(1) The CEO may, in writing, request a person, who in the opinion of the CEO, has information about a woman to cause the information specified in the request to be given to the CEO.
(2) The CEO may not request information under subregulation (1) unless —
(a) the information relates to a woman whose results, or copies of results, of a cervical cancer test have been forwarded under regulation 9 (before it was deleted by the
Health Regulations Amendment (Cervical Screening Register) Regulations 2018 regulation 7); and(b) the CEO is satisfied that collecting the information is consistent with achieving the objects of Part IXA of the Act.
(3) A person who receives a request under this regulation must comply with the request within 30 days of receiving it.
(4) A person who contravenes subregulation (3) commits an offence.
(5) It is a defence to a charge under subregulation (3) to prove that the person did not have the information requested at the relevant time.
(1) A woman may at any time request in writing to the CEO, that any data held on the Register which identifies her be removed.
(2) The CEO must ensure that a request made under subregulation (1) is complied with as soon as is practicable.
(3) Data relating to, but which does not identify, a woman referred to in subregulation (1) may be retained on the Register.
(4) A person who contravenes subregulation (2) commits an offence.
A person who commits an offence under these regulations is liable to a penalty which is not more than $1 000 and not less than —
(a) in the case of a first offence, $100;
(b) in the case of a second offence, $200; and
(c) in the case of a third or subsequent offence, $500.
3 Jan 1992 p. 16‑19 | 2 Mar 1992 (see r. 2) | |
21 Feb 2006 p. 831‑2 | 21 Feb 2006 | |
15 Dec 2006 p. 5622-3 | 15 Dec 2006 | |
2 Oct 2007 p. 4963-4 | r. 1 and 2: 2 Oct 2007 (see r. 2(a)); Regulations other than r. 1 and 2: 3 Oct 2007 (see r. 2(b)) | |
23 May 2014 p. 1631-5 | r. 1 and 2: 23 May 2014 (see r. 2(a)); Regulations other than r. 1 and 2: 24 May 2014 (see r. 2(b)) | |
10 Apr 2018 p. 1247‑8 | 11 Apr 2018 (see r. 2(b)) | |
approved............................................................................................................................ 3
cervical cancer................................................................................................................... 3
cervical cancer test........................................................................................................... 3
corresponding register..................................................................................................... 3
Register.............................................................................................................................. 3
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