Health (Infectious Diseases) (Notification of HIV) Regulations 1996 (Vic)

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Health (Infectious Diseases) (Notification of HIV)

Regulations 1996

S.R. No. 93/1996

TABLE OF PROVISIONS

Regulation Page

1. Objectives 1
2. Authorising provisions 1
3. Principal Regulations 2
4. Amendments to regulation 19(b) 2
5. Insertion of new regulation 19(c) 2
6. Insertion of new regulation 19A 3
19A. Information required in relation to newly diagnosed

persons—HIV 3

7. Insertion of HIV infection in Schedule 2 3
8. Insertion of Form 3 in Schedule 3 4

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NOTES 7

i

STATUTORY RULES 1996

S.R. No. 93/1996
Health Act 1958

Health (Infectious Diseases) (Notification of HIV)

Regulations 1996

The Governor in Council makes the following Regulations:
Dated: 3 September 1996
Responsible Minister:
ROB KNOWLES
Minister for Health
N. C. WHITE
Acting Clerk of the Executive Council

1. Objectives
The objectives of these Regulations are to require—

(a)

pathology services to provide additional information relating to the incidence of HIV infection; and

(b)

medical practitioners to notify the Chief General Manager of the occurrence of cases of HIV infection.

2. Authorising provisions
These Regulations are made under sections 130,
146, 390 and 391 of the Health Act 1958.

Health (Infectious Diseases) (Notification of HIV) Regulations
1996

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3. Principal Regulations
In these Regulations 1Health (Infectious Diseases)
Regulations 1990 are called the Principal
Regulations.

4. Amendments to regulation 19(b)
In regulation 19(b) of the Principal Regulations—

(a) for sub-paragraph (ii) substitute— "(ii) in addition to the requirements set out
in section 130(2)(a) and (b) of the Act, for the purposes of section 130(2), the prescribed particulars for each
prescribed period are the information required by regulation 19A; and"; and

(b) in sub-paragraph (iv)—

(i) omit "in paragraph (d),"; and
(ii) for "(F) Other." substitute "(F) Other; and".

5. Insertion of new regulation 19(c)
After regulation 19(b) of the Principal Regulations
insert—
"(c) in sub-section (8), the following are
prescribed persons, organisations or bodies
engaged in research—
(i) the Director for the time being of the National Centre for Epidemiology and Clinical Research; and
(ii) the Macfarlane Burnet Centre for Medical Research Limited.".

Health (Infectious Diseases) (Notification of HIV) Regulations
1996

S.R. No. 93/1996 r. 6

6. Insertion of new regulation 19A
After regulation 19 of the Principal Regulations insert—
"19A. Information required in relation to newly
diagnosed persons—HIV
For the purposes of section 130(2)(c) of the Act, the following information is required in relation to each newly diagnosed person—

(a) the family name (first 2 letters only) and given name (first 2 letters only) of that person; and
(b) the prescribed category as detailed in regulation 19(b)(iv) of that person; and
(c) the date the specimen was taken in relation to that person; and
(d) the date of birth, sex and post code of current residence of that person; and
(e)
the name, address and telephone requested the test on that person.".

7. Insertion of HIV infection in Schedule 2
In Group D in Schedule 2 to the Principal
Regulations—

(a) after "Acquired Immunodeficiency
Syndrome" insert "HIV infection"; and
(b) for the words commencing with "Written notification" and ending with "diagnosis." substitute—
"Written notification in the form of—
(i) Form 2 in Schedule 3 in relation to AIDS; or

Health (Infectious Diseases) (Notification of HIV) Regulations
1996

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(ii) Form 3 in Schedule 3 in relation to HIV infection—

within 7 days of confirmation of diagnosis.".

8. Insertion of Form 3 in Schedule 3
After Form 2 in Schedule 3 to the Principal
Regulations insert—

"FORM 3

NOTIFICATION OF HIV INFECTION (Strictly Confidential)

1. NOTIFYING DOCTOR 4. REASON FOR TESTING

Name Exposure risk (see section 6)
Address Screening—

Telephone number organ or semen donor
Hospital name (if appropriate) insurance
Signature immigration

2. PATIENT REFERENCE antenatal

Family name (first 2 letters only) Other

Given name (first 2 letters only) 5. DIAGNOSIS

Date of birth Date of first diagnosis of HIV
Sex infection
Post Code of current residence State/Territory of first diagnosis
of HIV infection

3. OTHER CHARACTERISTICS CD4+ count at first diagnosis of

OF THE PERSON HIV infection
Country of birth History of seroconversion illness
Cultural/ethnic background Date of seroconversion illness
If Australian, Aboriginal/Torres Has the person had a previous
Strait Islander HIV test
If born overseas, year of arrival Date of last test
into Australia Result of last HIV test
Language other than English Source of information on last
spoken at home test, patient, doctor or laboratory

6. EXPOSURE CATEGORY 6a. SEXUAL CONTACT
Person as inter ie ed ith

Health (Infectious Diseases) (Notification of HIV) Regulations
1996

S.R. No. 93/1996

Person was interviewed with At least one must be answered
regard to exposure: if MALE reports sexual
Not at all (provide detail) contact with person of opposite
To a certain extent (answer sex or if FEMALE reports
following questions) sexual contact with either same
In depth (answer following or OPPOSITE sex.
questions) Sex with bisexual male (women
More than one exposure only)
category may be ticked. Sex with injecting drug user
Sexual exposure (at least one Sex with person from another
must be ticked) country (write country)
Sexual contact only with person Sex with a person who received
of same sex blood, blood products or tissue
Sexual contact with both sexes (if Sex with a person with
female see section 6a) haemophilia/coagulation disorder
Sexual contact only with person Sex with person with
of opposite sex (see section 6a) HIVinfection whose exposure is
Sexual contact with a person other than those above (specify)
from another country (write Sex with person with HIV
country) infection whose exposure could
No sexual contact not be established
Sexual exposure not known Heterosexual contact not further
Vertical exposure specified
Mother with/at risk for HIV

infection (see section 6b) 6b. VERTICAL EXPOSURE

Blood exposure CATEGORY
Injecting drug use (detail) At least one must be answered
Recipient of blood, blood if parent/guardian reports
products or tissue (detail) vertical exposure only.
Haemophilia/coagulation MOTHER WITH/AT RISK
disorder (detail) FOR HIV INFECTION DUE
Other exposure TO:
History of tattoos (date/place) Injecting drug use
History of ear/body piercing Recipient of blood, blood
(date/place) products or tissue
History of major/minor surgery Origin from another country
(date/place) (write country)
Exposure other than those given Has HIV infection, exposure not
above (detail) specified
Exposure could not be Sex with bisexual male
established (detail)
Sex with injecting drug user
Sex with person who received
blood, blood products or tissue

Health (Infectious Diseases) (Notification of HIV) Regulations
1996

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Sex with person with
haemophilia
Sex with person from another
country (write country)
Sex with person with HIV
infection, exposure not specified
Other (specify)".

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Health (Infectious Diseases) (Notification of HIV) Regulations
1996

S.R. No. 93/1996 Notes

NOTES

1 S.R. No. 85/1990 as amended by S.R. Nos 315/1991, 233/1992, 161/1993,

232/1993 and 142/1994.

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Health (Infectious Diseases) (Notification of HIV) Regulations 1996 (Vic)

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1.	Objectives	1
2.	Authorising provisions	1
3.	Principal Regulations	2
4.	Amendments to regulation 19(b)	2
5.	Insertion of new regulation 19(c)	2
6.	Insertion of new regulation 19A	3
19A. Information required in relation to newly diagnosed

7.	Insertion of HIV infection in Schedule 2	3
8.	Insertion of Form 3 in Schedule 3	4

(a)	pathology services to provide additional information relating to the incidence of HIV infection; and
(b)	medical practitioners to notify the Chief General Manager of the occurrence of cases of HIV infection.

(a)	the family name (first 2 letters only) and given name (first 2 letters only) of that person; and
(b)	the prescribed category as detailed in regulation 19(b)(iv) of that person; and
(c)	the date the specimen was taken in relation to that person; and
(d)	the date of birth, sex and post code of current residence of that person; and
(e)

(a)	after "Acquired Immunodeficiency Syndrome" insert "HIV infection"; and
(b)	for the words commencing with "Written notification" and ending with "diagnosis." substitute—

1. NOTIFYING DOCTOR	4. REASON FOR TESTING
Name	Exposure risk (see section 6)
Address	Screening—
Telephone number	organ or semen donor
Hospital name (if appropriate)	insurance
Signature	immigration
2. PATIENT REFERENCE	antenatal
Family name (first 2 letters only)	Other
Given name (first 2 letters only)	5. DIAGNOSIS
Date of birth	Date of first diagnosis of HIV
Sex	infection
Post Code of current residence	State/Territory of first diagnosis of HIV infection
3. OTHER CHARACTERISTICS	CD4+ count at first diagnosis of
OF THE PERSON	HIV infection
Country of birth	History of seroconversion illness
Cultural/ethnic background	Date of seroconversion illness
If Australian, Aboriginal/Torres	Has the person had a previous
Strait Islander	HIV test
If born overseas, year of arrival	Date of last test
into Australia	Result of last HIV test
Language other than English	Source of information on last
spoken at home	test, patient, doctor or laboratory
6. EXPOSURE CATEGORY	6a. SEXUAL CONTACT

Person was interviewed with	At least one must be answered
regard to exposure:	if MALE reports sexual
Not at all (provide detail)	contact with person of opposite
To a certain extent (answer	sex or if FEMALE reports
following questions)	sexual contact with either same
In depth (answer following	or OPPOSITE sex.
questions)	Sex with bisexual male (women
More than one exposure	only)
category may be ticked.	Sex with injecting drug user
Sexual exposure (at least one	Sex with person from another
must be ticked)	country (write country)
Sexual contact only with person	Sex with a person who received
of same sex	blood, blood products or tissue
Sexual contact with both sexes (if	Sex with a person with
female see section 6a)	haemophilia/coagulation disorder
Sexual contact only with person	Sex with person with
of opposite sex (see section 6a)	HIVinfection whose exposure is
Sexual contact with a person	other than those above (specify)
from another country (write	Sex with person with HIV
country)	infection whose exposure could
No sexual contact	not be established
Sexual exposure not known	Heterosexual contact not further
Vertical exposure	specified
Mother with/at risk for HIV
infection (see section 6b)	6b. VERTICAL EXPOSURE
Blood exposure	CATEGORY
Injecting drug use (detail)	At least one must be answered
Recipient of blood, blood	if parent/guardian reports
products or tissue (detail)	vertical exposure only.
Haemophilia/coagulation	MOTHER WITH/AT RISK
disorder (detail)	FOR HIV INFECTION DUE
Other exposure	TO:
History of tattoos (date/place)	Injecting drug use
History of ear/body piercing	Recipient of blood, blood
(date/place)	products or tissue
History of major/minor surgery	Origin from another country
(date/place)	(write country)
Exposure other than those given	Has HIV infection, exposure not
above (detail)	specified
Exposure could not be	Sex with bisexual male
established (detail)
Sex with injecting drug user
Sex with person who received
blood, blood products or tissue