Improving Cancer Outcomes (Diagnosis Reporting) Regulations 2015 (Vic)

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Version No. 001

Improving Cancer Outcomes (Diagnosis Reporting) Regulations 2015

S.R. No. 107/2015

Version as at


1 October 2015

TABLE OF PROVISIONS

Regulation  Page

1Objectives

2Authorising provision

3Commencement

4Types of cancer or precursor diagnosis required to be reported

5Entities required to report cancer or precursor

6Diagnosis reports

Schedule 1—Prescribed information for centre, hospital or service

Schedule 2—Prescribed information for pathology service

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Endnotes

1      General information

2      Table of Amendments

3      Amendments Not in Operation

4      Explanatory details

Version No. 001

Improving Cancer Outcomes (Diagnosis Reporting) Regulations 2015

S.R. No. 107/2015

Version as at


1 October 2015

1Objectives

The objectives of these Regulations are to prescribe—

(a)the types of cancer, or precursors to cancer, a diagnosis of which must be reported to the Secretary under the Improving Cancer Outcomes Act 2014; and

(b)who must report that diagnosis; and

(c)the form of the reports, the time within which they must be made and the information to be included in them.

2Authorising provision

These Regulations are made under section 28 of the Improving Cancer Outcomes Act 2014.

3Commencement

These Regulations come into operation on 1 October 2015.

4Types of cancer or precursor diagnosis required to be reported

For the purposes of section 9(1) of the Improving Cancer Outcomes Act 2014, the prescribed types of cancer or precursors to cancer are those specified in Schedule 1 of "Reportable Cancers - Guide to identification of cancers reportable to the Secretary", as published by the Department of Health and Human Services from time to time.

5Entities required to report cancer or precursor

For the purposes of section 9(1) of the Improving Cancer Outcomes Act 2014, the following persons and organisations are prescribed—

(a)any of the following as defined by section 3(1) of the Health Services Act 1988

(i)a day procedure centre;

(ii)a denominational hospital;

(iii)a private hospital;

(iv)a privately-operated hospital;

(v)a public health service;

(vi)a public hospital;

(b)any radiotherapy service that provides a service for treating cancer patients involving the use of ionising radiation, including external beam, superficial and orthovoltage radiotherapy, particle beam therapy and brachytherapy;

(c)any pathology service that provides a service for testing for cancer, or a precursor to cancer, of a type prescribed by regulation 4.

6Diagnosis reports

For the purposes of section 9(3) of the Improving Cancer Outcomes Act 2014

(a)a report of a diagnosis of cancer or a precursor to cancer is in the prescribed form if it contains the prescribed information; and

(b)the prescribed time within which a report must be made is—

(i)for a centre, hospital or service referred to in regulation 5(a) or (b), 60 days from the date the person in charge of the centre, hospital or service becomes aware that a person has cancer, or a precursor to cancer, of a type prescribed by regulation 4; and

(ii)for a pathology service referred to in regulation 5(c), 30 days from the date the person in charge of the place where the testing is done becomes aware that a test indicates that a person has cancer, or a precursor to cancer, of a type prescribed by regulation 4; and

(c)the prescribed information to be included in a report is—

(i)for a centre, hospital or service referred to in regulation 5(a) or (b), the information set out in Schedule 1; and

(ii)for a pathology service referred to in regulation 5(c), the information set out in Schedule 2.

Schedule 1—Prescribed information for centre, hospital or service

Regulation 6(c)(i)

Name of centre, hospital or service

Hospital identification number

Hospital unit record number

Patient details:

Medicare number (if known)

Individual Health Identifier (if known)

Family name

Given name(s)

Maiden name (if applicable)

Address

Postcode

Date of birth

Sex

Country of birth

Aboriginal or Torres Strait Islander status

Language spoken at home (if known—please specify)

Details of doctor in charge of case:

Medicare provider number (if known)

Name

Address

Telephone number

Details of general practitioner:

Medicare provider number (if known)

Name

Address

Telephone number

Date of first admission for this cancer

Date of diagnosis of this cancer

Eastern Cooperative Oncology Group (ECOG) performance status at time of diagnosis (if known)

Vital status

Date of discharge from centre/hospital/organisation

Investigations relevant to diagnosis of cancer

Primary site of cancer

Laterality of primary site of cancer

Morphology of primary cancer

Grade/differentiation of primary cancer

Stage of cancer at diagnosis

Cancer staging system (to be reported in accordance with the "Victorian Cancer Staging Reporting Guidelines" as published by the Department of Health and Human Services from time to time)

Treatment details for each primary tumour:

Details of initial treatment

Details of treatment of recurrence(s) (if any)

Cancer recurrence information:

Date of cancer recurrence

Site(s) of cancer recurrence

Name of person completing form

Date of completing form

Schedule 2—Prescribed information for pathology service

Regulation 6(c)(ii)

Name of pathology service

Pathology group identification number

Laboratory case reference number

Patient details:

Medicare number (if known)

Individual Health Identifier (if known)

Family name

Given name(s)

Address

Postcode

Date of birth

Sex

Country of birth

Aboriginal or Torres Strait Islander status (if known)

Language spoken at home (if known—please specify)

Details of doctor responsible for case:

Medicare provider number (if known)

Name

Address

Details of reporting pathologist:

Medicare provider number (if known)

Name

Date of report

Structured pathology report or the following minimum information:

Primary site of cancer

Laterality of primary site

Cancer morphology type

Tumour size

Depth of invasion

Metastatic sites

Number of nodes sampled

Number of nodes positive

Date of diagnosis

Stage of cancer at diagnosis

Grade/differentiation

Name of person completing form

Date of completing form

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Endnotes

1   General information

See for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.

The Improving Cancer Outcomes (Diagnosis Reporting) Regulations 2015, S.R. No. 107/2015 were made on 22 September 2015 by the Governor in Council under section 28 of the Improving Cancer Outcomes Act 2014, No. 78/2014 and came into operation on 1 October 2015: regulation 3.

The Improving Cancer Outcomes (Diagnosis Reporting) Regulations 2015 will sunset 10 years after the day of making on 22 September 2025 (see section 5 of the Subordinate Legislation Act 1994).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•    Headings

All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule.  Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms. 
See section 36(1A)(2A)(2B).

•    Examples, diagrams or notes

All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule.  Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule.  See section 36(3A).

•    Punctuation

All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule.  Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).

•    Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001.  Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs.  See section 36(3C).

•    Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•    Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule.  See section 36(3)(3D)(3E).

2   Table of Amendments

There are no amendments made to the Improving Cancer Outcomes (Diagnosis Reporting) Regulations 2015 by statutory rules, subordinate instruments and Acts.

3   Amendments Not in Operation

There are no amendments which were Not in Operation at the date of this publication.

4   Explanatory details

Table of Applied, Adopted or Incorporated Matter

The following table of applied, adopted or incorporated matter is included in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014.

Statutory rule provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document
Regulation 4 "Reportable Cancers - Guide to identification of cancers reportable to the Secretary" as published by the Department of Health and Human Services from time to time Schedule 1
Schedule 1 "Victorian Cancer Staging Reporting Guidelines" as published by the Department of Health and Human Services from time to time The whole
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