Improving Cancer Outcomes (Screening Reporting) Regulations 2018 (Vic)

Version No. 002

Improving Cancer Outcomes (Screening Reporting) Regulations 2018

S.R. No. 107/2018

Version incorporating amendments as at

1 July 2019

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Revocations

5Definition

6Types of cancer screening to be reported

7Entities required to report cancer screening

8Cancer screening reports

Schedule 1—Prescribed information to be set out in a report of cancer screening of the breast

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Endnotes

1      General information

2      Table of Amendments

3      Amendments Not in Operation

4      Explanatory details

Version No. 002

Improving Cancer Outcomes (Screening Reporting) Regulations 2018

S.R. No. 107/2018

Version incorporating amendments as at

1 July 2019

1Objective

The objective of these Regulations is to prescribe for the purposes of the Improving Cancer Outcomes Act 2014—

(a)the types of cancer screening that are required to be reported to the Secretary; and

(b)who must report that screening; 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

30 July 2018.

4Revocations

The following Regulations are revoked—

(a)the Improving Cancer Outcomes (Screening Reporting) Regulations 2015[1];

(b)the Improving Cancer Outcomes (Screening Reporting) Amendment Regulations 2017[2].

5Definition

In these Regulations—

healthcare identifier has the same meaning as in the Healthcare Identifiers Act 2010 of the Commonwealth.

6Types of cancer screening to be reported

For the purposes of section 8(1) of the Improving Cancer Outcomes Act 2014, mammography, mammographic screening and subsequent radiology, pathology or clinical testing or procedures undergone in order to determine whether an individual has cancer, or a precursor to cancer, of the breast are prescribed types of cancer screening.

7Entities required to report cancer screening

For the purposes of section 8(1) of the Improving Cancer Outcomes Act 2014, an organisation that conducts, on behalf of BreastScreen Victoria Inc, cancer screening of a type referred to in regulation 6 is a prescribed organisation.

8Cancer screening reports

For the purposes of section 8(2) of the Improving Cancer Outcomes Act 2014—

(a)a report of the cancer screening is in the prescribed form if it contains the prescribed information; and

(b)the prescribed information to be included in a report of the cancer screening of the type referred to in regulation 6 is the information set out in Schedule 1.

Schedule 1—Prescribed information
to be set out in a report of cancer screening of the breast

Regulation 8

1.     Name of organisation where the test was undertaken

2.     Patient details:

Healthcare identifier (if known)

Family name

Given name(s)

Maiden name (if applicable)

Address (home and postal)

Postcode

Contact telephone number (home and mobile)

Email address

Date of birth

Country of birth

Aboriginal or Torres Strait Islander status

Language spoken at home (if known—please specify)

3.     Breast cancer history:

Patient

Patient's family

4.     Symptoms of breast cancer

5.     Type of test

6.     Test result

*                *                *                *                *

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Endnotes

1   General information

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

The Improving Cancer Outcomes (Screening Reporting) Regulations 2018, S.R. No. 107/2018 were made on 24 July 2018 by the Governor in Council under section 28 of the Improving Cancer Outcomes Act 2014, No. 78/2014 and came into operation on 30 July 2018: regulation 3.

The Improving Cancer Outcomes (Screening Reporting) Regulations 2018 will sunset 10 years after the day of making on 24 July 2028 (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

This publication incorporates amendments made to the Improving Cancer Outcomes (Screening Reporting) Regulations 2018 by statutory rules, subordinate instruments and Acts.

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Improving Cancer Outcomes (Screening Reporting) Amendment Regulations 2019, S.R. No. 50/2019

Date of Making:	25.6.19
Date of Commencement:	1.7.19: reg. 3

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3   Amendments Not in Operation

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

4   Explanatory details

[1] Reg. 4(a): S.R. No. 106/2015 as amended by S.R. No. 121/2017.

[2] Reg. 4(b): S.R. No. 121/2017.