Public Health and Wellbeing Act 2008 (Vic)

Version No. 068

Public Health and Wellbeing Act 2008

No. 46 of 2008

Version incorporating amendments as at

1 July 2025

TABLE OF PROVISIONS

Section  Page

Part 1—Preliminary

1Purpose

2Commencement

3Definitions

3ASecretary may declare immunisation requirements

Part 1A—Statement of Recognition and Statement of Recognition principles

3BStatement of Recognition

3CAcknowledgement of treaty process

3DStatement of Recognition principles

3EEffect of this Part

3FReferences to Aboriginal people include Torres Strait Islanders

Part 2—Objective, principles and application

4Objective

5Principle of evidence based decision-making

6Precautionary principle

7Principle of primacy of prevention

8Principle of accountability

9Principle of proportionality

10Principle of collaboration

11Principles applying to Part 8

11APrinciples applying to Part 9A

12Application of Part 6 to areas outside a municipal district

13Act binds the Crown

14Extra-territorial operation of Divisions 2 and 8 of Part 8

Part 3—Administration

Division 1—The Minister and the Secretary

15Delegation by Minister

16Secretary body corporate

17Role and functions of the Secretary

18Secretary subject to direction of Minister

19Delegation by Secretary

19ADelegation by Secretary body corporate

19BCommittee of management

19CPowers of the Secretary body corporate in relation to intellectual property

Division 2—The Chief Health Officer

20Chief Health Officer

20AChief Health Officer's exercise of certain powers

21Functions and powers of the Chief Health Officer

22Power of delegation

23Provision of staff and contractors

Division 3—Councils

24Function of Councils

25Secretary may require report from Council

26Municipal public health and wellbeing plans

27Inclusion of public health and wellbeing matters in Council Plan or Strategic Plan

28Special powers of Secretary in a state of emergency or a pandemic

Division 4—Officers

29Appointment of environmental health officers

30Secretary may appoint authorised officers

31Councils may appoint authorised officers

32Analysts

32AGovernor in Council may appoint Detention Appeals Officers

32BRemuneration and allowances

32CTerms and conditions of appointment

32DIndependence of Detention Appeals Officers

32EDetention Review Officers taken to be Detention Appeals Officers

32FSecretary may appoint Detention Appeals Registrar

Part 4—Consultative Councils

Division 1—General provisions

33Consultative Councils

34Assistance to Consultative Council

35Proceedings of a Consultative Council

36Sub-committees

37Operation of Consultative Councils

Division 2—Provisions applying to prescribed Consultative Councils

38Functions of certain prescribed Consultative Councils

39Request to provide information to prescribed Consultative Council

40Provision of prescribed information to prescribed Consultative Council

41Disclosure of information held by a prescribed Consultative Council

42Confidentiality obligations applying in respect of a prescribed Consultative Council

43Confidentiality of documents

Division 3—Provisions applying to the Consultative Council on Obstetric and Paediatric Mortality and Morbidity

44Consultative Council on Obstetric and Paediatric Mortality and Morbidity

45Constitution of CCOPMM

46Functions of CCOPMM

46ACCOPMM guidelines, compliance and reporting

47Request to provide information in relation to the death of children

48Report of birth

48APreventable harm to be reported to Secretary

48BConfidentiality of reports under section 48A

Division 4—Provisions applying to the Victorian Perioperative Consultative Council

48CVictorian Perioperative Consultative Council

48DFunctions of the Victorian Perioperative Consultative Council

48EVictorian Perioperative Consultative Council guidelines, compliance and reporting

48FRequest to provide information in relation to perioperative mortality

48GPreventable harm to be reported to Secretary

48HConfidentiality of reports under section 48G

Part 5—General powers

Division 1—State Public Health and Wellbeing Plan

49Minister to ensure preparation of State Public Health and Wellbeing Plan

Division 2—Public inquiries

50Public inquiry

51Conduct of public inquiry

52Report of public inquiry

Division 3—Health Impact Assessments

53Health Impact Assessment

Division 4—Collection and disclosure of information

54Application of Division

55Disclosure of information to specified persons

56Secretary may disclose information in certain circumstances to a relevant body

57Disclosure of information to other administrators

Part 6—Regulatory provisions administered by Councils

Division 1—Nuisances

58Application of Division

59Effect of Division

60Duty of Council

61Offence of causing a nuisance

62Notification of nuisance

63Failure of Council to investigate complaint

64Who can institute proceedings?

65Power of Council to investigate nuisance outside its municipal district

66Nuisance on unoccupied land or occupied land—occupier and owner unknown or cannot be found

Division 2—Registration of prescribed accommodation

67Registration of prescribed accommodation

67ARegistration of lower risk prescribed accommodation

Division 3—Registration of certain businesses

68Application of Division

69Registration of premises—higher risk services

69ARegistration of premises—lower risk services

Division 4—General provisions relating to registration

70Application of Division

71Application for registration

72Registration fees

73Powers of the Council

73AInformation to be provided for Rooming House Register

74Provisions applying in respect of registration

75Registration subject to conditions

76Powers of a Council in respect of registration

77Council's delegation of power to refuse applications

78Issue of replacement certificate

78ARegistration of premises may be recorded in online portal

78BOnline portal charge

Part 7—Regulatory provisions administered by the Secretary

Division 1—Cooling tower systems

79When is a cooling tower system in operation?

80Cooling tower system must be registered

81Applications for registration or renewal of registration

82Powers of the Secretary

83Processing of applications

84Multiple cooling tower systems

85Period of registration

86Registration to continue pending renewal

87Secretary to be notified of certain changes

88Secretary to be notified of other changes

89Cooling tower system register

90Issue of replacement certificate

91Owner must ensure risk management plan prepared

92Owner must ensure risk management plan reviewed

93Owner must ensure risk management plan audit conducted

94Certification of approved auditors

95Only approved auditors may conduct audits

96Offence to impersonate approved auditor

97Conflict of interest to be avoided

98Secretary may declare optional variations

Division 2—Pest control

99Use of certain pesticides prohibited

100Exemption

101Issue or renewal of pest control licences

102Duration of pest control licence

103Conditions of pest control licence

104Application to vary pest control licence

105Powers of Secretary

106Form of pest control licence

107Issue of replacement pest control licence

108Records

109Offences by holder of pest control licence or pest control operator

110Offence by person who is not the holder of a pest control licence

Part 8—Management and control of infectious diseases, micro‑organisms and medical conditions

Division 1—Principles applying to the management and control of infectious diseases

111Principles

Division 2—Examination and testing orders and public health orders

112Least restrictive measure to be chosen

113Chief Health Officer may make examination and testing order relating to infectious disease

114Provisions applying to examination and testing orders

115Registered medical practitioner must provide results

116Person must comply with an examination and testing order

117Chief Health Officer may make public health order

118Provisions applying to public health orders

119Registered medical practitioner must provide information requested by the Chief Health Officer

120Person must comply with a public health order

121Application for review by Chief Health Officer

122Application for review by VCAT

123Enforcement of orders

124No action lies against registered health practitioner

125Chief Health Officer to facilitate reasonable request for communication

Division 3—Notifiable conditions and micro‑organisms

126Governor in Council may declare infectious diseases and micro‑organism to be notifiable

127Notification by registered medical practitioners of notifiable conditions

128Notification by a pathology service of a notifiable condition

129Health service and pathology service must have processes to ensure notification

130Notification of a notifiable micro-organism in food

Division 3A—Notification of anaphylaxis presentation

130ADefinitions

130BNotification by anaphylaxis reporting body

130CSecretary may provide anaphylaxis reporting information

Division 4—Closure of court or tribunal

133Closure of court or tribunal

Division 5—Orders for tests if incident has occurred

134Orders for tests if incident has occurred

135Authorisation for tests

136Chief Health Officer may disclose certain information

137Orders and authorisations for tests by senior medical officer

138Post test or authorisation counselling

139Tests and test results

140No identification to be given

141Directions about orders or authorisations

142No action lies against registered medical practitioner

Division 6—Reporting requirements

143Annual report to include information about orders

Division 7—Immunisation

143AApplication of sections 143B, 143C, 143D and 143E

143BObligation of person in charge of early childhood service

143CExemption—early childhood services

143DSecretary's guidelines in relation to exemption

143EPeriodic production of immunisation status certificate

144Application of sections 145 and 146

145Immunisation status certificates to be produced before attendance at primary school

146Obligations of person in charge of primary school

147Immunisation status certificate

148Secretary may declare documents to be immunisation status certificates

149Effect of immunisation status certificate

149AReview of provisions relating to immunisation of children attending or to attend early childhood services

Division 8—Blood and tissue donations

150Application

151Blood donations

152Tissue donations

153Evidentiary

154Liability of donors

155False statements

Division 9—Autopsies

156Autopsies

157Notice of and objection to autopsy

Part 8A—Protection of life and public health during pandemics

Division 1—Objective and interpretation

165AObjective of Part

Division 2—Pandemic declarations

165ABPremier may make a pandemic declaration

165ACForm and content of a pandemic declaration

165ADWhen a pandemic declaration comes into force and ceases to be in force

165AEVariation, extension and revocation of a pandemic declaration

165AFNotification of the making, variation, extension or revocation of a pandemic declaration

165AGReporting to Parliament in relation to a pandemic declaration

165AHReports tabled when Parliament is not sitting

Division 3—Pandemic orders

165AIMinister may make a pandemic order

165AJPandemic order prevails over other subordinate instruments

165AKTo whom a pandemic order may apply

165ALMinister must consult before making a pandemic order

165AMAdditional matters relating to a pandemic order

165ANWhen a pandemic order comes into force and ceases to be in force

165AOVariation, extension or revocation of a pandemic order

165APPublication of a pandemic order and associated documents

165AQTabling in Parliament of documents relating to a pandemic order

165ARPublication of a pandemic order in the Government Gazette

Division 4—Scrutiny, suspension and disallowance of pandemic orders

165ASConsideration of pandemic orders by Parliament

165ATSuspension of pandemic order or part of a pandemic order, etc.

165AUDisallowance of pandemic order or instrument in whole or part

165AVEffect of disallowance and   Clerk to publish notice of disallowance

Division 5—Pandemic management powers

165AWChief Health Officer may authorise exercise of certain powers

165AXHow may an authorisation be given?

165AYChief Health Officer may extend authorisation

165AZAuthorised officers may exercise public health risk powers and pandemic management powers

165BPandemic management order powers

165BAPandemic management general powers

165BBWarning before giving a direction

165BCAssistance

Division 6—Special protections in respect of powers of detention

165BDWhen detention commences

165BERequirement to isolate or quarantine not of itself detention

165BFPandemic management powers that involve detention

165BGAuthorised officers must facilitate communication and review detention

165BHReports by authorised officers to Chief Health Officer about exercise of pandemic management powers that involve detention

165BIReview of certain decisions in relation to detention

165BIASecretary and Detention Appeals Registrar to provide relevant information and assistance to Detention Appeals Officers

165BJDetention Appeals Officer must decide applications

165BLDetention not unlawful merely because of a decision on review

165BMDetention guidelines and standards

Division 6A—Offences, penalties and related matters

165BNFailure to comply with pandemic order, direction or other requirement

Division 7—Information sharing

165BRSecretary and Chief Health Officer may collect, use and disclose information

165BSProvision of information etc. is authorised by law

165BTPandemic information determination

165BUInformation Commissioner may make a pandemic information determination

165BVEffect of a pandemic information determination

165BWDuration of a pandemic information determination

165BXVariation of a pandemic information determination

165BYRevocation of a pandemic information determination

165BZProcedures before variation or revocation of a pandemic information determination

165CPublication of a pandemic information determination and an instrument of variation or revocation

Division 8—Safeguards for contact tracing information

165CAObjective

165CBMeaning of contact tracing information

165CCOffence to use or disclose contact tracing information

165CDWhen a use or disclosure of contact tracing information is authorised

Division 9—Independent Pandemic Management Advisory Committee

165CEEstablishment of Independent Pandemic Management Advisory Committee

165CFFunctions of an Independent Pandemic Management Advisory Committee

165CGTabling in Parliament of reports

Division 10—Interaction between a state of emergency and a pandemic and other matters

165CHApplication of Division

165CIAuthorised officers

165CJDirections of Chief Health Officer

165CKDirections and actions other than in relation to detention

165CLDirections and actions in relation to detention

165CMExemptions in relation to detention

165CNSecretary may appoint authorised officers

165COLimitation on the powers that may be conferred on authorised officers appointed as permitted by section 165CN

Division 11—Other matters

165CPInteraction of powers

165CQInteraction between pandemic order and other directions

165CRCertain instruments are not legislative instruments

165CSMinister must establish and maintain a Pandemic Order Register

165CTDisapplication of certain requirements in relation to certain incorporated matter

165CUImmunity

165CVGazette notices

165CWInvalidity of declaration not to affect validity of things done

165CXIndependent review of Part

Part 8B—Concessional infringement scheme

165CYEligible offences

165CZApplication for determination

165DApplication to be made before certain enforcement related events

165DAVerification of information supplied in application

165DBSuspension of enforcement action for infringement offence the subject of application

165DCDetermination of eligible person and infringement penalty reduction

165DDDirector must give notice if applicant is an eligible person

165DEDirector must give notice if applicant is not an eligible person

Part 9—Authorised officers

Division 1—General

166Production of identity card

167Power to request information

Division 2—Powers of entry

168Power to enter—risk to public health

169Power to enter—monitoring compliance or investigating

170Issue of search warrants

Division 3—Procedure for entry

171Announcement before exercising power of entry

172Notice if power of entry exercised without owner or occupier being present

173Announcement before entry on warrant

174Copy of warrant to be given to occupier

Division 4—Powers after entry

175General powers of authorised officers

176Power to direct persons to produce documents, operate equipment or answer questions

177Authorised officers to give receipts for seized things and samples taken

178Copies of seized documents

179Retention and return of seized documents or things

180Magistrates' Court may extend 3 month period

181Forfeiture and destruction of seized things

182Secretary or Council may cause forfeited things to be destroyed or otherwise disposed of

Division 5—Offences and complaints

183Offence to hinder or obstruct authorised officer

184Offence to impersonate authorised officer

185Complaints

Part 9A—Safe access to premises at which abortions are provided

185APurpose

185BDefinitions

185CPrinciples

185DProhibited behaviour

185EOffence to publish or distribute recording

185FSearch warrant

185GSeizure of things not mentioned in the warrant

185HAnnouncement before entry

Part 10—Protection and enforcement provisions

Division 1—Powers to investigate, eliminate or reduce public health risks

187Restriction on entry to residential premises

188Chief Health Officer may direct a person to provide information

188AChief Health Officer may request transfer and further analysis of sample or isolate

189Powers in the case of a risk to public health

190Public health risk powers

191How may an authorisation be given?

192Assistance

193Compliance with direction or requirement

Division 2—Improvement notices and prohibition notices

194Secretary or Council may issue improvement notice or prohibition notice

195Proceedings for offences not affected by notices

196Injunction for non-compliance with improvement notice or prohibition notice

197Special provisions relating to nuisances

Division 2A—Enforceable undertakings

197APower to accept an enforceable undertaking

197BAmendment or withdrawal of enforceable undertaking

197CNo criminal proceeding if enforceable undertaking is complied with

197DNo criminal proceeding while enforceable undertaking is in force

197ECriminal proceeding if enforceable undertaking is withdrawn

197FEnforcement of enforceable undertaking by Magistrates' Court

197GEnforcement of enforceable undertaking order by Secretary

Division 2B—Information or document production notices

197HPower to give information or document production notice

197IOffence to contravene information or document production notice

Division 3—Emergency powers

198Declaration of a state of emergency

199Chief Health Officer may authorise exercise of certain powers

200Emergency powers

200AInformation to be given to detained persons

200BApplications may be made for review of certain decisions in relation to a person subject to detention

200BASecretary and Detention Appeals Registrar to provide relevant information and assistance to Detention Appeals Officers

200CDetention Appeals Officer must decide applications

200EDetention not unlawful merely because of a decision on review

201How may an authorisation be given?

202Assistance

203Compliance with direction or other requirement

204Compensation

Part 11—General provisions

Division 1—Reviews and appeals

205Review by a Council

206Review by the Secretary

207Review by VCAT

208Appeal against improvement notice or prohibition notice

Division 2—Infringements

209Infringements

Division 3—Offences

210False or misleading information

211Destroying or damaging records

212Protection against self-incrimination

212AAbrogation of privilege against self-incrimination

213Legal professional privilege and client legal privilege not affected

214Offences by corporations

215Persons who are liable for offences

Division 4—Proceedings and legal matters

216Responsible agency for the Crown

217Infringement and other notices may be issued to the Crown

218Proceedings against successors to public bodies

219Power to bring proceedings

220Time within which proceedings for offences may be brought

221Service of notices, orders and other documents

222Validity and effect of notices, orders and other documents

223Evidence of signatures

224Certificate of examination and analysis

225Evidentiary certificate signed by the Secretary

226Evidentiary certificate signed by Chief Executive Officer of a Council

227Protection of person giving certain information

227AAImmunity

Division 4A—General provisions relating to assistance powers

227AProvisions relating to requests for assistance

227BAssistance by police officers

Division 5—Costs

228Recovery of costs

229Actions to ensure compliance with direction, requirement or notice

230Cost recovery in respect of failure to comply with direction, requirement or notice

231Expenses recoverable by a Council in the abatement of any nuisance

Division 5A—Compliance and enforcement policy

231ASecretary may develop compliance and enforcement policy

Division 6—Regulations

232General

233Consultative Councils

234General requirements relating to public health and wellbeing

235Nuisances, prescribed accommodation and registered premises

236Cooling tower systems

237Pest control

238Management and control of infectious disease, micro-organisms and medical conditions

238AFees payable in relation to quarantine detention

238BWaiver of fees payable in relation to quarantine detention

238CPayment of fees

238DCertain requirements under Subordinate Legislation Act 1994 disapplied

239Fees

Part 12—Miscellaneous

Division 1—General

240Supreme Court—limitation of jurisdiction

241Repeal of certain provisions

242Repeal and saving

243Transitional provisions—Health Act 1958

244Transitional provisions for blood and tissue donations

245Saving and transitional—Cooling tower systems

246AAbolition of body corporate known as Secretary to the Department of Human Services

246BAction by Registrar of Titles

246CTaxes

246DProperty etc. vests subject to encumbrances

246EPeriodic registrations

247Transitional provision—Repeal of Part 14—detention has not ended or invoice not given

248Transitional provision—Repeal of Part 14—application for waiver of fees

246FTransitional provision—Public Health and Wellbeing Amendment Act 2021

248ATransitional provision—Meaning of quarantined person

248BTransitional provision—Payment reminder notices for unpaid quarantine detention fees

248CAuthorised officers appointed under old section 30(1A)

248CAApplications made under old section 200B

248ETransitional provision—Public Health and Wellbeing Amendment Act 2022

248FTransitional provision—Public Health and Wellbeing Amendment Act 2022

Part 14—Fees relating to detention in quarantine during COVID‑19 pandemic

255Definitions

256Meaning of quarantined person

257Liability to pay quarantine detention fees

258COVID-19 Quarantine Victoria to invoice quarantined persons for fees relating to detention

258ACOVID-19 Quarantine Victoria may obtain contact details required

259Waiver of fees—application

260Verification of waiver application information by statutory declaration

260AWaiver of fees—own initiative

260BIssue of first payment reminder notice

260CIssue of further payment reminder notice

260DFurther payment reminder notice fee

261Payment of fees

262Recovery of unpaid fees

263Delegation

Schedule

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Endnotes

1     General information

2     Table of Amendments

3     Explanatory details

Version No. 068

Public Health and Wellbeing Act 2008

No. 46 of 2008

Version incorporating amendments as at

1 July 2025

The Parliament of Victoria enacts:

PART 1—PRELIMINARY

1Purpose

The purpose of this Act is to enact a new legislative scheme which promotes and protects public health and wellbeing in Victoria.

2Commencement

(1)Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.

(2)If a provision referred to in subsection (1) does not come into operation before 1 January 2010, it comes into operation on that day.

3Definitions

(1)In this Act—

abatement when used in relation to nuisance, includes removal and discontinuance;

age appropriately immunised in relation to a child means that—

(a)the child meets the immunisation requirements set out in section 6

of the A New Tax System (Family Assistance) Act 1999

of the Commonwealth; or

(b)the child meets the immunisation requirements declared by the Secretary under section 3A for the purposes of this definition;

analysis includes any bacteriological, biochemical, biological, chemical, electrical, microscopical, pathological, physical or other test for ascertaining the nature, composition or quality of any substance analysed for the purposes of this Act;

analyst means a person appointed as an analyst under section 32;

approved auditor means an auditor certified by the Secretary under section 94;

approved form means a form approved by the Secretary;

attachment of debts direction has the same meaning as it has in the Fines Reform Act 2014;

attachment of earnings direction has the same meaning as it has in the Fines Reform Act 2014;

authorised officer means a person appointed—

(a)by a Council to be an environmental health officer under section 29; or

(b)by the Secretary to be an authorised officer under section 30; or

(c)subject to section 31, by a Council under section 224(1) of the Local Government Act 1989 to be an authorised officer for the purposes of this Act;

beauty therapy means a procedure, not including any surgical or medical procedure, intended to maintain, alter or enhance a person's appearance, including by—

(a)facial or body treatment;

*                *                *                *                *

(c)manicure or pedicure;

(d)application or mending of artificial nails;

(e)epilation, including by electrolysis or hot or cold wax—

but does not include hairdressing, tattooing or skin penetration;

birth means a birth or stillbirth that is required to be registered under the Births, Deaths and Marriages Registration Act 1996;

*                *                *                *                *

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business includes trade, manufacture, process or occupation;

CCOPMM means 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;

childmeans a person under 18 years of age;

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—

(a)a process involving the use of a fluid to cleanse the colon of a person; or

(b)a process involving the insertion of a tube into the colon of a person for the purpose of cleansing the colon;

community transmission, in relation to a pandemic disease or a disease of pandemic potential means transmission of the disease to one or more persons from an infected person or other source, in circumstances where the infected person or other source has not been identified.

compliance and enforcement policy means a policy issued under section 231A;

Consultative Council means—

(a)a Consultative Council established or appointed under section 33 and including the Victorian Perioperative Consultative Council; and

(b)CCOPMM;

contact tracing information has the meaning given by section 165CB(1);

contact tracing purposes—see section 165CB(2);

cooling tower means a device for lowering—

(a)the temperature of recirculated water by bringing the water into contact with fan forced, or fan induced, atmospheric air; or

(b)the temperature of water, a refrigerant or other fluid in a pipe or other container by bringing recirculated water and fan forced, or fan induced, atmospheric air into contact with the pipe or container—

but does not include an evaporative air cooler or evaporative air conditioner;

cooling tower system means—

(a)a cooling tower, or a number of interconnected cooling towers that use the same recirculating water; and

(b)any machinery that is used to operate the tower or towers; and

(c)any associated tanks, pipes, valves, pumps or controls;

Council has the same meaning as in section 3(1) of the Local Government Act 2020;

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;

Department means the Department of Health;

dependantof a deceased person means—

(a)a person who was the spouse or domestic partner of the person at the date of the person's death;

(b)a child of the person;

(c)any other person who—

(i)was, at the date of the person's death, wholly or partially dependant on the person for financial support; or

(ii)would, at the date of the person's death, have been wholly or partially dependant on the person for financial support, but for the incapacity due to the injury which led to the death;

designated health service provider has the same meaning health service provider has in the Health Practitioner Regulation National Law;

Detention Appeals Officer means a person appointed to be a Detention Appeals Officer under section 32A(1);

Detention Appeals Registrar means the person appointed to be the Detention Appeals Registrar under section 32F(1);

*                *                *                *                *

Director, Fines Victoria means the person employed as Director, Fines Victoria under section 4 of the Fines Reform Act 2014;

disease of pandemic potential see subsection (6);

disease vector means an animal other than a human being, including a bird or insect, that is capable of carrying a pathogen that—

(a)is transmissible to human beings; and

(b)is capable of causing disease in human beings;

domestic partner of a person means—

(a)a person who is in a registered relationship with the person; or

Note

A registered relationship is defined in subsection (3).

(b)a person to whom the person is not married but with whom the person is living as a couple on a genuine domestic basis (irrespective of gender);

donormeans—

(a)in the case of blood, a person who gives blood—

(i)at the premises of the Society or at a health service; or

(ii)under the supervision of the Society or a health service, at any other premises; or

(b)in the case of tissue, a person, whether living or dead, from whom the tissue is taken;

early childhood service means the following—

(a)an education and care service within the meaning of section 5(1) of the Education and Care Services National Law (Victoria) but does not include—

(i)an outside school hours care service or a school holiday care service; or

(ii)any part of an education and care service that is an outside school hours care service or a school holiday care service;

(b)a children's service that is approved under Part 3 of the Children's Services Act 1996 and is of a class prescribed to be an early childhood service for the purposes of Division 7 of Part 8 of this Act;

education and care service premises means a place where an education and care service within the meaning of the Education and Care Services National Law (Victoria) educates or cares for children;

emergency powers means the powers specified in section 200;

enforceable undertaking means an undertaking given by a regulated person under section 197A;

enforceable undertaking order means an order made by the Magistrates' Court under section 197F;

enforcement agency has the same meaning as it has in the Infringements Act 2006;

environmental health officer means a person appointed as an environmental health officer by a Council under section 29;

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*                *                *                *                *

examination and testing order means an order made under section 113;

family violence has the same meaning as in section 4 of the Family Violence Protection Act 2008;

fine has the same meaning as it has in the Fines Reform Act 2014;

firm means an unincorporated body of persons associated together for the purposes of carrying on business;

hairdressing means any procedure, not being a surgical or medical procedure, intended to maintain, alter or enhance a person's appearance in relation to their facial or scalp hair including by cutting, trimming, styling, colouring, treating or shaving the hair;

health information has the same meaning as it has in the Health Records Act 2001;

Health Privacy Principles has the same meaning as it has in the Health Records Act 2001;

health service means—

(a)a day procedure centre;

(b)a denominational hospital;

(c)a multi purpose service;

(d)a private hospital;

(e)a public hospital—

and has effect in the context in which the term is used as if each of the services set out above referred to the premises on which the service is conducted or the proprietor of that service as required;

health service provider has the same meaning as in section 3(1) of the Health Records Act 2001;

*                *                *                *                *

immunisation status certificate means a document specified in section 147;

immunised

means immunised as defined

by the regulations in respect of each vaccine‑preventable disease;

improvement notice means an improvement notice issued under section 194;

Independent Pandemic Management Advisory Committee means a committee established under section 165CE(1);

infectious disease includes a human illness or condition due to a specific infectious agent or its toxic products that arises through transmission of that agent or its products from an infected person, animal or reservoir to a susceptible person, either directly or indirectly through an intermediate plant or animal host, vector or the inanimate environment;

information includes—

(a)personal information within the meaning of the Privacy and Data Protection Act 2014; and

(b)health information within the meaning of the Health Records Act 2001;

information or document production notice means a notice given under section 197H;

Information Privacy Principles has the same meaning as it has in the Privacy and Data Protection Act 2014;

infringement fine has the same meaning as it has in the Infringements Act 2006;

infringement notice means an infringement notice issued in accordance with section 209;

infringement penalty has the same meaning as it has in the Infringements Act 2006;

isolation means the segregation and separation of persons who are infected or suspected of being infected from other persons;

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labour hire arrangement means an arrangement between a provider within the meaning of section 3 of the Labour Hire Licensing Act 2018 and a worker for the provision of labour hire services referred to in sections 7 and 8 of that Act;

land charge has the same meaning as it has in the Fines Reform Act 2014;

licence holder means a person who holds a pest control licence;

lower risk prescribed accommodation means prescribed accommodation that is prescribed as lower risk;

midwife means a person registered under the Health Practitioner Regulation National Law—

(a)to practise in the nursing and midwifery profession as a midwife (other than as a student); and

(b)in the register of midwives kept for that profession;

multi purpose service has the same meaning as in section 3(1) of the Health Services Act 1988;

municipal district has the same meaning as in section 3(1) of the Local Government Act 2020;

notifiable condition means—

(a)an infectious disease that is declared to be a notifiable condition by an Order in Council made under section 126; or

(b)an infectious disease that is prescribed to be a notifiable condition; or

(c)a medical condition that is prescribed to be a notifiable condition;

notifiable micro-organism means a micro‑organism that is—

(a)declared to be a notifiable micro‑organism by an Order in Council made under section 126; or

(b)prescribed to be a notifiable micro‑organism;

notification details means—

(a)in relation to a medical condition, infectious disease or a micro-organism that is prescribed by the regulations to be a notifiable condition or notifiable micro-organism, the prescribed details to be included with a notification of that notifiable condition or micro‑organism; and

(b)in relation to an infectious disease or a micro-organism that is declared by an Order in Council made under section 126 to be a notifiable condition or notifiable micro-organism, the details required by the Order in Council to be included with a notification of that infectious disease or micro-organism;

nurse means a person registered under the Health Practitioner Regulation National Law to practise in the nursing and midwifery profession as a nurse (other than as a midwife or as a student);

occupier, in relation to premises, means a person who appears to be of or over 16 years of age and who is, or appears to be, in control of the premises;

online portal means the electronic registration system—

(a)maintained by the Secretary; and

(b)which may be used by a Council to receive and record information relating to the registration of prescribed accommodation or premises upon which a person conducts a business specified in section 68;

Order in Council means an Order made by the Governor in Council and published in the Government Gazette;

owner, in relation to a cooling tower system, means—

(a)the person who owns, manages or controls the cooling tower system; or

(b)the person in charge of the cooling tower system;

owner, in relation to land—

(a)which has been alienated in fee by the Crown and is under the operation of the Transfer of Land Act 1958 (otherthan land in an identified folio under that Act), means the person who is registered or entitled to be registered as proprietor, or the persons who are registered or entitled to be registered as proprietors, of an estate in fee simple in the land;

(b)which has been alienated in fee by the Crown and is land in an identified folio under the Transfer of Land Act 1958 or land not under the operation of the Transfer of Land Act 1958, means the person who is the owner, or the persons who are the owners, of the fee or equity of redemption;

(c)which is Crown land reserved under the Crown Land (Reserves) Act 1978 and managed or controlled by a committee of management, means the Minister administering that Act;

(d)which is any other Crown land, means the Minister or public authority that manages or controls the land;

pandemic declaration has the meaning given by section 165AB(1);

pandemic disease—see subsection (5);

pandemic information determination has the meaning given by section 165BT(1);

pandemic management area means an area specified in a pandemic declaration to be an area to which the declaration applies;

pandemic management general power means a power under 165BA(1)(a) or (b);

pandemic management order power means a power under section 165B(1)(a) or (b);

pandemic management power means a pandemic management general power or a pandemic management order power;

pandemic order has the meaning given by section 165AI(1);

Pandemic Order Register means the register established under section 165CS;

parent includes—

(a)a step-parent;

(b)an adoptive parent;

(c)a foster parent;

(d)a guardian;

(e)a person who has custody or daily care and control;

(f)a person who has all the duties, powers and responsibilities and authority (whether conferred by a court or otherwise) which by law parents have in relation to children;

pathology service means a service in which human tissue, human fluids or human body products are subjected to analysis for the purposes of the prevention, diagnosis or treatment of disease in human beings;

person includes a body or association (corporate or unincorporate) and a partnership and, in Division 2 of Part 7, also includes a firm;

personal information has the same meaning as it has in the Privacy and Data Protection Act 2014;

personal protective equipment includes, but is not limited to, face coverings;

person in charge in relation to an early childhood service means—

(a)in the case of an education and care service within the meaning of section 5(1) of the Education and Care Services National Law (Victoria), the approved provider within the meaning of that section;

(b)in the case of a children's service within the meaning of section 3(1) of the Children's Services Act 1996, the approved provider within the meaning of that section;

pest includes any animal or other biological entity (not being a human being or a plant) which injuriously affects, or is likely to injuriously affect, a person, a person's property or a person's use or enjoyment of a place;

pest control licence means a licence issued or renewed by the Secretary under section 101;

pest control operator means a person who carries on or holds themselves out in any way as carrying on the business of controlling, destroying or repelling pests;

pesticide means—

(a)any agricultural chemical product within the meaning of the Agricultural and Veterinary Chemicals (Control of Use) Act 1992; and

(b)any substance prescribed as a pesticide for the purposes of this definition;

police officer has the same meaning as in the Victoria Police Act 2013;

premises includes—

(a)land (whether or not vacant);

(b)the whole or any part of a building, tent, stall or other structure (whether of a permanent or temporary nature);

(c)a pontoon;

(d)a vehicle;

(e)a caravan or camper-trailer;

prescribed means prescribed by the regulations;

prescribed accommodation means any of the following which is prescribed, or is of a class which is prescribed, to be prescribed accommodation—

(a)any area of land which a person or persons are frequently, intermittently or seasonally permitted to use for camping on payment of consideration and any facilities provided on the land for the use of that person or those persons;

(b)any premises used as a place of abode, whether temporary or permanent, fixed or mobile, where a person or persons can be accommodated on payment of consideration;

(c)any accommodation provided to an employee in accordance with a term of an award governing the employment of the employee, or a term of the employee's contract of service, for use by the employee during that employment or service;

(d)any accommodation provided to a worker under, or in connection with, a labour hire arrangement with that worker, whether or not that worker pays for the accommodation;

prescribed Consultative Council means—

(a)a Consultative Council which is prescribed to be a prescribed Consultative Council for the purposes of Division 2 of Part 4; and

(b)CCOPMM;

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prescribed senior officer means a person who is of a prescribed class of persons, being a person who is employed under Part 3 of the Public Administration Act 2004 other than as an executive within the meaning of section 4(1) of that Act or is an employee of a health service;

primary school means a registered school wholly or partly attended by children between 5 and 11 years of age;

private hospital has the same meaning as in section 3(1) of the Health Services Act 1988;

prohibition notice means a prohibition notice issued under section 194;

proprietor, in respect of—

(a)accommodation referred to in paragraphs (a), (b) and (c) of the definition of prescribed accommodation, means the person providing the prescribed accommodation;

(ab)accommodation referred to in paragraph (d) of the definition of prescribed accommodation, means—

(i)the person providing the accommodation to a worker under, or in connection with, a labour hire arrangement with that worker; or

(ii)if a person referred to in subparagraph (i) cannot be identified and located, a person who has leased, rented or legally occupied the premises from which the worker is provided accommodation; or

(iii)if a person referred to in subparagraphs (i) and (ii) cannot be identified and located, the owner of the premises from which the worker is provided accommodation—

whether or not the person receives rent or a fee from the worker or under, or in connection with, a labour hire arrangement;

(b)a day procedure centre or a private hospital, means—

(i)if the day procedure centre or private hospital is run on a not-for-profit basis, the authority or body of persons conducting the day procedure centre or private hospital;

(ii)in any other case, the owner (whether a natural person or a body corporate) of the day procedure centre or private hospital;

(c)a denominational hospital, multi purpose service or public hospital, means the body corporate that conducts the denominational hospital, multi purpose service or public hospital;

protective services officer has the same meaning as in the Victoria Police Act 2013;

public authority has the same meaning as it has in the Charter of Human Rights and Responsibilities;

public health order means an order made under section 117;

public health risk powers means the powers specified in section 190;

public hospital means—

(a)a public health service within the meaning of the Health Services Act 1988;

(b)a public hospital within the meaning of the Health Services Act 1988;

public inquiry means a public inquiry conducted under section 50;

registered health practitioner means a person registered under the Health Practitioner Regulation National Law to practise a health profession other than as a student;

registered medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);

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registered pharmacist means a person registered under the Health Practitioner Regulation National Law to practise in the pharmacy profession (other than as a student);

registered premises means premises registered under section 69 or 69A;

registration holder means the holder of a registration issued, transferred or renewed under Division 4 of Part 6;

regulated person means a person who is—

(a)the owner of a cooling tower system; or 

(b)the owner of any land on which there is a cooling tower system; or

(c)a person who owns, manages or controls a water delivery system located at premises—

(i)where residential aged care services are provided; or

(ii)where health services are provided (other than health services provided at a day procedure centre); or

(iii)that is a prison; or

(iv)where inpatient forensic mental health services are provided by the Victorian Institute of Forensic Mental Health established by section 610 of the Mental Health and Wellbeing Act 2022; or

(v)where a business at which cars, trucks and other vehicles are washed is operated; or

(d)a pest control operator;

regulations means regulations made under this Act;

risk management plan means a risk management plan prepared in accordance with section 91;

risk management plan audit means an audit, carried out in accordance with section 93, of a risk management plan that was prepared under section 91;

risk management requirements includes requirements made under this Act or the regulations that relate to—

(a)the preparation, content, review and audit of a risk management plan;

(b)the construction, installation, operation, maintenance, repair, service and testing of a cooling tower system;

(c)control measures used in respect of a cooling tower system;

sample includes part of a sample;

Secretary means the Department Head (within the meaning of the Public Administration Act 2004) of the Department;

Secretary body corporate means the body corporate established by section 16;

serious risk to public health means a material risk that substantial injury or prejudice to the health of human beings has occurred or may occur having regard to—

(a)the number of persons likely to be affected;

(b)the location, immediacy and seriousness of the threat to the health of persons;

(c)the nature, scale and effects of the harm, illness or injury that may develop;

(d)the availability and effectiveness of any precaution, safeguard, treatment or other measure to eliminate or reduce the risk to the health of human beings;

seven-day notice has the same meaning as it has in the Fines Reform Act 2014;

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skin penetration means any procedure performed on a living human being, not being a surgical or medical procedure, involving piercing, 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 means—

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(c)an 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;

surgical or medical procedure means a surgical or medical procedure performed—

(a)by a registered medical practitioner or a nurse or midwife; or

(b)by a person under the supervision of a registered medical practitioner or a nurse or midwife;

tattooing means any process involving penetrating a person's skin for the purpose of inserting colour pigments—

(a)to make a permanent mark, pattern or design on the skin; or

(b)to make a semi-permanent mark, pattern or design on the skin including the process of applying semi-permanent make-up or cosmetic tattooing;

test, in Part 8, means diagnostic procedure;

tissue has the same meaning as in section 3(1) of the Human Tissue Act 1982;

vaccine-preventable disease means a vaccine‑preventable disease prescribed for the purposes of Division 7 of Part 8;

vehiclemeans any means of transport, whether self-propelled or not, and whether used on land or sea or in the air;

vehicle seizure and sale notice has the same meaning as it has in the Fines Reform Act 2014;

Victorian Perioperative Consultative Council means the Consultative Council established by Order of the Minister dated 6 June 2019 under section 33, notice of which was published in the Government Gazette on 18 June 2019;

worker, in relation to a labour hire arrangement, has the same meaning as in section 3 of the Labour Hire Licensing Act 2018;

Worksafe inspector means an inspector within the meaning of the Occupational Health and Safety Act 2004.

(2)In this Act, a reference to a child of a deceased person is a reference to a child of the deceased person or of the deceased person's surviving spouse or domestic partner.

(3)For the purposes of the definition of domestic partner in subsection (1)—

(a)registered relationship has the same meaning as in the Relationships Act 2008; and

(b)in determining whether persons who are not in a registered relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case.

(4)Without limiting the definition of serious risk to public health in subsection (1), for the purposes of this Act, a pandemic disease or a disease of pandemic potential may pose a material risk of substantial injury or prejudice to the health of human beings, even when—

(a)the rate of community transmission of the disease in Victoria is low; or

(b)there have been no cases of the disease in Victoria for a period of time.

(5)For the purposes of this Act, an infectious disease is a pandemic disease at a particular time if, at that time, there is a pandemic outbreak of that infectious disease.

(6)For the purposes of this Act, an infectious disease is a disease of pandemic potential at a particular time if—

(a)at that time, the infectious disease has the potential to give rise to a pandemic, but is not yet a pandemic disease; or

(b)all of the following apply—

(i)before that time, the infectious disease was a pandemic disease;

(ii)at that time, the infectious disease is no longer a pandemic disease;

(iii)at that time, the infectious disease has the ongoing potential to give rise to a pandemic.

3ASecretary may declare immunisation requirements

(1)For the purposes of the definition of age appropriately immunised in section 3(1), the Secretary may declare immunisation requirements by notice published in the Government Gazette.

(2)The Secretary may vary or revoke the declaration at any time by notice published in the Government Gazette.

(3)A declaration, or variation or revocation of a declaration, has effect from the day notice of the declaration, or its variation or revocation, is published in the Government Gazette or any later day specified in the notice.

PART 1A—STATEMENT OF RECOGNITION AND STATEMENT OF RECOGNITION PRINCIPLES

3BStatement of Recognition

(1)The Parliament recognises that Aboriginal people in Victoria are First Nations people of Australia and acknowledges their enduring connection to Country, kin, land and culture.

(2)The Parliament acknowledges the following—

(a)that Aboriginal self-determination serves as a foundational principle to improve health and wellbeing outcomes of Aboriginal people in Victoria;

(b)the lasting impact of laws, practices and policies on the health and wellbeing outcomes of Aboriginal people since colonisation and enduring to this day;

(c)cultural dislocation, oppression, intergenerational trauma, lack of healing, systemic racism, institutionalised inequality and the loss of land, lore and language continue to harm the health and wellbeing of Aboriginal people in Victoria today;

(d)the strength of Aboriginal people, culture, kinship and communities in the face of historical and ongoing injustices;

(e)Aboriginal people's ongoing connection to culture, community and Country and the importance of this connection for the health and wellbeing of Aboriginal people in Victoria.

(3)It is the intention of Parliament that the health sector recognises, respects and supports the distinct cultural rights of Aboriginal people and their right to receive culturally-safe holistic health care throughout Victoria.

(4)The Parliament supports initiatives which address the ongoing health inequalities experienced by Aboriginal people in Victoria. 

(5)The Parliament recognises the essential role of Aboriginal community controlled health organisations in meeting the health, wellbeing and care needs of Aboriginal people in Victoria.

(6)The Parliament supports the development of future reforms which further Aboriginal self‑determination within health services in Victoria. 

3CAcknowledgement of treaty process

The Parliament acknowledges Victoria's treaty process and the aspiration of Aboriginal people to achieve increased autonomy, Aboriginal decision-making and control of planning, funding and administration of services for Aboriginal people, including through self-determined Aboriginal representative bodies established through treaty.

3DStatement of Recognition principles

(1)Aboriginal health and wellbeing extends beyond physical health, encompassing the social, emotional and cultural wellbeing of the whole community in which each individual is able to achieve their full potential, thereby supporting the total wellbeing of the community.

(2)Aboriginal people in Victoria have the right to self-determination in health care and wellbeing services.

(3)Delivering culturally-safe health care and wellbeing services to Aboriginal people is fundamentally important.

(4)It is essential to partner with Aboriginal communities, including Aboriginal community controlled health organisations and Aboriginal representative groups, to support the development of health care and wellbeing services, advance Aboriginal self‑determination and embed cultural safety. 

(5)Historic and ongoing biases and racism that contribute to health inequalities for Aboriginal people in Victoria are to be addressed.

(6)Aboriginal community controlled health organisations play an important and key role in meeting the health and wellbeing needs of Aboriginal people in Victoria.

(7)The resources required by Aboriginal community controlled health organisations to meet the health and wellbeing needs of Aboriginal people in Victoria are recognised.

3EEffect of this Part

(1)The Parliament does not intend by this Part to affect in any way the interpretation of this Act or of any other law in force in Victoria.

(2)The Parliament does not intend by this Part to create in any person any legal right or to give rise to any civil cause of action, or to provide any ground for review of an administrative act or omission.

(3)The Parliament does not intend by this Part to alter or affect an existing entitlement to compensation or create an entitlement to compensation arising from any matter referred to in section 3B, 3C or 3D.

3FReferences to Aboriginal people include Torres Strait Islanders

In this Part, a reference to Aboriginal people includes a reference to Torres Strait Islanders.

PART 2—OBJECTIVE, PRINCIPLES AND APPLICATION

4Objective

(1)The Parliament recognises that—

(a)the State has a significant role in promoting and protecting the public health and wellbeing of persons in Victoria;

(b)public health and wellbeing includes the absence of disease, illness, injury, disability or premature death and the collective state of public health and wellbeing;

(c)public health interventions are one of the ways in which the public health and wellbeing can be improved and inequalities reduced;

(d)where appropriate, the State has a role in assisting in responses to public health concerns of national and international significance.

(2)In the context of subsection (1), the objective of this Act is to achieve the highest attainable standard of public health and wellbeing by—

(a)protecting public health and preventing disease, illness, injury, disability or premature death;

(b)promoting conditions in which persons can be healthy;

(c)reducing inequalities in the state of public health and wellbeing.

(3)It is the intention of Parliament that in the administration of this Act and in seeking to achieve the objective of this Act, regard should be given to the guiding principles set out in sections 5 to 11A.

5Principle of evidence based decision-making

Decisions as to—

(a)the most effective use of resources to promote and protect public health and wellbeing; and

(b)the most effective and efficient public health and wellbeing interventions—

should be based on evidence available in the circumstances that is relevant and reliable.

6Precautionary principle

If a public health risk poses a serious threat, lack of full scientific certainty should not be used as a reason for postponing measures to prevent or control the public health risk.

7Principle of primacy of prevention

(1)The prevention of disease, illness, injury, disability or premature death is preferable to remedial measures.

(2)For that purpose, capacity building and other health-promotion activities are central to reducing differences in health status and promoting the health and wellbeing of the people of Victoria.

8Principle of accountability

(1)Persons who are engaged in the administration of this Act should as far as is practicable ensure that decisions are transparent, systematic and appropriate.

(2)Members of the public should therefore be given—

(a)access to reliable information in appropriate forms to facilitate a good understanding of public health issues; and

(b)opportunities to participate in policy and program development.

9Principle of proportionality

Decisions made and actions taken in the administration of this Act—

(a)should be proportionate to the public health risk sought to be prevented, minimised or controlled; and

(b)should not be made or taken in an arbitrary manner.

10Principle of collaboration

Public health and wellbeing, in Victoria and at a national and international level, can be enhanced through collaboration between all levels of Government and industry, business, communities and individuals.

11Principles applying to Part 8

Section 111 specifies the principles that are to apply for the purposes of the application, operation and interpretation of Part 8.

11APrinciples applying to Part 9A

Section 185C specifies the principles that are to apply for the purposes of the application, operation and interpretation of Part 9A.

12Application of Part 6 to areas outside a municipal district

(1)Part 6 applies to an area outside a municipal district in accordance with this section.

(2)The Governor in Council on the recommendation of the Minister may by Order in Council specify—

(a)an area outside a municipal district for the purposes of this section;

(b)which Division or Divisions of Part 6 are to apply in that area;

(c)unless paragraph (d) applies, the Council which is to have the specified functions, duties and powers under this Act and the regulations for the purposes of the application of the specified Division or Divisions of Part 6 in respect of that area;

(d)that the Secretary is to have the specified functions, duties and powers under this Act and the regulations for the purposes of the application of the specified Division or Divisions of Part 6 in respect of that area.

(3)For the purposes of subsections (2)(c) and (2)(d), functions, duties and powers may be specified—

(a)specifically; or

(b)by reference to a provision of this Act in which the functions, duties and powers are specified.

(4)If 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 2020 before making the recommendation.

(5)If 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 Part 6 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.

(6)If 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 Part 6 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.

(7)Any provisions of this Act that are necessary to give effect to the application of the specified Division or Divisions of Part 6 in the specified area to which the Order relates, extend and apply by virtue of this section with any modifications as are necessary.

13Act binds the Crown

(1)This Act binds the Crown—

(a)in right of the State of Victoria; and

(b)to the extent that the legislative power of the Parliament permits, in all its other capacities.

(2)To avoid doubt, the Crown is a body corporate for the purposes of this Act and the regulations.

14Extra-territorial operation of Divisions 2 and 8 of Part 8

(1)It is the intention of the Parliament that the operation of Divisions 2 and 8 of Part 8 should, so far as possible, include operation in relation to the following—

(a)land situated outside Victoria, whether in or outside Australia;

(b)things situated outside Victoria, whether in or outside Australia;

(c)acts, omissions and transactions done, entered into or occurring outside Victoria, whether in or outside Australia;

(d)things, acts, omissions and transactions (wherever situated, done, entered into or occurring) that would, apart from this Act, be governed or otherwise affected by the law of the Commonwealth, another State, a Territory or a foreign country.

(2)Nothing in this section limits the operation of any other provision in this Act.

PART 3—ADMINISTRATION

Division 1—The Minister and the Secretary

15Delegation by Minister

(1)The Minister by instrument may delegate to any person or class of persons employed under Part 3 of the Public Administration Act 2004 any power, duty or function of the Minister under this or any other Act or under the regulations under this or any other Act, other than this power of delegation.

(2)A delegation under subsection (1) may be made—

(a)in relation to a person or class of persons specified in the instrument of delegation; or

(b)in relation to the holder, or the holder from time to time, of an office specified, or of each office in a class of offices specified, in the instrument of delegation.

16Secretary body corporate

(1)The person who is for the time being the Department Head of the Department and the successors in office of that person are a body corporate under the name "Secretary to the Department of Health".

(2)The body corporate under subsection (1) by the name given to it under that subsection—

(a)has perpetual succession and a corporate seal; and

(b)is capable in law—

(i)of suing and being sued; and

(ii)of acquiring, holding and disposing of real and personal property; and

(iii)of doing and suffering all such acts and things as bodies corporate may by law do and suffer and that are necessary for or incidental to the purposes of this or any other Act.

17Role and functions of the Secretary

(1)For the purposes of this Act, the role of the Secretary is to—

(a)initiate, support and manage public health planning processes at the state level;

(b)develop and implement policies and programs to achieve the objective of this Act;

(c)perform the functions and exercise the powers conferred on the Secretary under this Act or any other Act, or the regulations made under this or any other Act;

(d)administer this Act in accordance with the objectives and guiding principles specified in this Act.

(2)Without limiting the generality of subsection (1), the Secretary has the following functions—

(a)to promote awareness and understanding of public health and wellbeing issues within the community;

(b)to develop public health and wellbeing policies;

(c)to assist persons who have an impact on public health to enhance opportunities for protecting public health;

(d)to support, equip and empower communities to address local public health issues and needs;

(e)to establish and maintain a comprehensive information system which includes information in respect of—

(i)the health status of persons and classes of persons in Victoria, including information about the extent and effects of disease, illness, injury, disability or premature death;

(ii)the determinants of individual health and public health and wellbeing;

(iii)the effectiveness of health interventions to improve public health in Victoria;

(f)to make recommendations and reports to the Minister with respect to matters relating to public health and wellbeing and to advise the Minister on the operation of this Act and the regulations.

18Secretary subject to direction of Minister

In the exercise of the powers, discretions, functions and authorities and in the exercise of the duties conferred or imposed upon the Secretary by or under this or any other Act, the Secretary is subject to the direction and control of the Minister.

19Delegation by Secretary

(1)The Secretary by instrument may delegate to—

(a)any employee or class of employees employed under Part 3 of the Public Administration Act 2004; or

(ab)any prescribed senior officer; or

(b)any public authority or the chief executive officer (however described) of any public authority; or

(c)any Council or officer of a Council—

any power, duty or function of the Secretary under this or any other Act or under the regulations under this or any other Act, other than this power of delegation or the power conferred by section 50.

(2)Despite subsection (1), any power, duty or function delegated to a person under paragraph (b) of that subsection may be sub-delegated by that person to an officer or employee of that person.

(3)A delegation under subsection (1) may be made—

(a)in relation to a person or class of persons specified in the instrument of delegation; or

(b)in relation to the holder, or the holder from time to time, of an office specified, or of each office in a class of offices specified, in the instrument of delegation.

(4)Sections 42 and 42A of the Interpretation of Legislation Act 1984 apply to a sub-delegation authorised by subsection (2) in the same way as they apply to a delegation.

(5)Despite subsection (1), the Secretary by instrument may delegate the power conferred on the Secretary by section 50 to a person who is—

(a)an executive within the meaning of section 4(1) of the Public Administration Act 2004; or

(b)a prescribed senior officer.

19ADelegation by Secretary body corporate

The Secretary body corporate may, by instrument, delegate to any employee or class of employees employed under Part 3 of the PublicAdministration 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.

19BCommittee of management

The Secretary body corporate may be a committee of management under the Crown Land (Reserves) Act 1978.

19CPowers of the Secretary body corporate in relation to intellectual property

Without limiting the powers conferred on the Secretary body corporate under section 16, the Secretary body corporate may on behalf of the Crown—

(a)acquire (whether by creation, lease, licence, receiving the assignment or grant of, or otherwise), hold, accept as security, or otherwise deal with any intellectual property right (for example, a trade mark, patent, design, copyright (including an associated moral right), plant breeder's right, circuit layout right, trade secret, or right arising from confidential information);

(b)assign, grant, lease, licence, sell or dispose of, any intellectual property right;

(c)seek any remedy in relation to, or do anything necessary to enforce, protect, maintain, register or exploit, any intellectual property right;

(d)seek any remedy in relation to, or do anything necessary to enforce, protect, maintain, register or exploit any Crown copyright.

Division 2—The Chief Health Officer

20Chief Health Officer

(1)Subject to the Public Administration Act 2004, there is to be appointed by the Secretary as the Chief Health Officer a person who is a registered medical practitioner.

(2)Subject to the general direction and control of the Secretary, the Chief Health Officer has the powers, duties, functions and immunities that are conferred or imposed on the Chief Health Officer by or under this or any other Act.

(3)For the purposes of this Act, the Chief Health Officer has and may exercise all the powers conferred on an authorised officer by this Act.

(4)The Secretary must issue an identity card to the Chief Health Officer.

(5)The identity card issued to the Chief Health Officer under this section must—

(a)contain a photograph of the Chief Health Officer; and

(b)contain the signature of the Chief Health Officer; and

(c)be signed by the Secretary.

(6)Part 9 applies to the Chief Health Officer when exercising the powers of an authorised officer under this Act.

20AChief Health Officer's exercise of certain powers

To avoid doubt, if the Chief Health Officer authorises authorised officers to exercise—

(aa)any of the public health risk powers and the pandemic management powers under section 165AW(2)(a); or

(a)any of the public health risk powers under section 189(a); or

(b)any of the public health risk powers and emergency powers under section 199(2)(a)—

the Chief Health Officer may, if the Chief Health Officer has been appointed as an authorised officer under section 30, personally exercise any of those powers in accordance with the authorisation.

21Functions and powers of the Chief Health Officer

The functions and powers of the Chief Health Officer are—

(a)to develop and implement strategies to promote and protect public health and wellbeing;

(b)to provide advice to the Premier, the Minister or the Secretary on matters relating to public health and wellbeing;

(c)to publish on a biennial basis and make available in an accessible manner to members of the public a comprehensive report on public health and wellbeing in Victoria;

(d)to perform any other functions or exercise any powers specified under this Act or any other Act or under any regulations made under this or any other Act.

22Power of delegation

(1)The Chief Health Officer by instrument may delegate to a registered medical practitioner—

(a)who is an executive within the meaning of section 4(1) of the Public Administration Act 2004; or

(b)who is a prescribed senior officer—

any power, duty or function of the Chief Health Officer other than this power of delegation.

(1A)The Chief Health Officer by instrument may delegate any power, duty or function of the Chief Health Officer under section 165AW, 189, or 199 to—

(a)an executive within the meaning of section 4(1) of the Public Administration Act 2004; or

(b)a prescribed senior officer.

(2)A delegation under subsection (1) or (1A) may be made—

(a)in relation to a person or class of persons specified in the instrument of delegation; or

(b)in relation to the holder, or the holder from time to time, of an office specified, or of each office in a class of offices specified, in the instrument of delegation.

23Provision of staff and contractors

(1)There may be employed under Part 3 of the Public Administration Act 2004 any employees that are necessary to assist the Chief Health Officer in the performance of his or her powers, duties and functions under this Act or any other Act or under any regulations made under this or any other Act.

(2)The Chief Health Officer may enter into agreements or arrangements with a person for the purpose of obtaining appropriate expertise to assist the Chief Health Officer in the performance of powers, duties and functions under this Act or any other Act or under any regulations made under this or any other Act.

(b)the use or disclosure of a person's contact details under subsection (3) is taken to be a use or disclosure authorised by law.

(5)Subject to this section, COVID-19 Quarantine Victoria must comply with the Information Privacy Principles in respect of the use and disclosure of a person's contact details.

259Waiver of fees—application

(1)A person liable to pay prescribed fees under section 257, other than a person liable under section 257(4), may apply to COVID-19 Quarantine Victoria for the waiver of payment of all or part of the fees.

(2)An application must—

(a)contain the prescribed information; and

(b)be made within the prescribed period.

Note

Information contained in an application may be required to be verified by statutory declaration—see section 260.

(3)On receiving an application under this section, COVID-19 Quarantine Victoria, subject to and in accordance with the regulations (if any), may—

(a)waive payment of all or part of the fees; or

(b)refuse to waive payment of the fees.

(4)COVID-19 Quarantine Victoria must give notice of its decision under subsection (3) in accordance with the regulations.

(5)A notice under subsection (4) must—

(a)state the decision of COVID-19 Quarantine Victoria; and

(b)contain any other prescribed information.

260Verification of waiver application information by statutory declaration

COVID-19 Quarantine Victoria may require verification, by a statutory declaration, of any information contained in or accompanying an application under section 259.

260AWaiver of fees—own initiative

(1)On its own initiative and having regard to any prescribed matters or circumstances, COVID-19 Quarantine Victoria may waive payment of all or part of the fees that a person is liable to pay under section 257.

(2)Subject to subsection (3), COVID-19 Quarantine Victoria must give notice of a waiver under subsection (1) in accordance with the regulations.

(3)COVID-19 Quarantine Victoria is not required to give notice of a waiver under subsection (1)—

(a)if it is impractical or inappropriate to do so; or

(b)in the prescribed circumstances.

(4)A notice required under subsection (2) must contain the prescribed information (if any).

260BIssue of first payment reminder notice

(1)COVID-19 Quarantine Victoria may issue a first payment reminder notice to a person who is liable to pay fees under section 257 if—

(a)an invoice has been given to the person in accordance with section 258; and

(b)the relevant date by which an amount of the fees must be paid has passed; and

(c)that amount of the fees has not been paid in full; and

(d)there are no pending waiver applications or payment plan applications relating to that amount of the fees.

(2)For the purposes of subsection (1)(b), the relevant date is—

(a)if any waiver applications or payment plan applications have been made relating to that amount of the fees, the date specified for that amount in the most recent decision of COVID-19 Quarantine Victoria on an application relating to that amount; or

(b)in any other case, the date specified in the invoice given under section 258.

(3)If COVID-19 Quarantine Victoria issues a first payment reminder notice under subsection (1), the date by which the person must pay the amount of the fees is extended to the date specified in the notice.

(4)For the purposes of subsection (3), the date specified in the first payment reminder notice must be at least 30 days after the date on which the first payment reminder notice is issued.

(5)A first payment reminder notice under subsection (1) must—

(a)be in writing; and

(b)explain the circumstances in which the person may become liable to pay the further payment reminder notice fee under section 260D; and

(c)contain the prescribed information (if any).

260CIssue of further payment reminder notice

(1)COVID-19 Quarantine Victoria may issue a further payment reminder notice to a person who is liable to pay fees under section 257 if—

(a)the relevant date by which an amount of the fees must be paid (being an amount for which a first payment reminder notice was previously issued) has passed; and

(b)that amount of the fees has not been paid in full; and

(c)there are no pending waiver applications or payment plan applications relating to that amount of the fees.

(2)For the purposes of subsection (1)(a), the relevant date is—

(a)if any waiver applications or payment plan applications have been made relating to that amount of the fees since the first payment reminder notice was issued, the date specified for that amount in the most recent decision of COVID-19 Quarantine Victoria on an application relating to that amount; or

(b)in any other case, the date specified in the first payment reminder notice.

(3)If COVID-19 Quarantine Victoria issues a further payment reminder notice under subsection (1), the date by which the person must pay the amount of the fees is extended to the date specified in the notice.

(4)For the purposes of subsection (3), the date specified in the further payment reminder notice must be at least 30 days after the date on which the further payment reminder notice is issued.

(5)A further payment reminder notice under subsection (1) must—

(a)be in writing; and

(b)explain that the person is liable to pay the further payment reminder notice fee under section 260D in respect of that notice; and

(c)contain the prescribed information (if any).

(6)COVID-19 Quarantine Victoria must not issue more than one further payment reminder notice to a person under this section.

260DFurther payment reminder notice fee

(1)A person issued with a further payment reminder notice under section 260C is liable to pay the prescribed further payment reminder notice fee in respect of that notice.

(2)The prescribed further payment reminder notice fee—

(a)must be reasonably referrable to the costs incurred by the State in recovering the unpaid amount of the fees that the person is liable to pay under section 257; and

(b)on the issue of the further payment reminder notice, is added to and taken to be a part of the fees that the person is liable to pay under section 257.

261Payment of fees

A person liable to pay fees under section 257 must pay the fees, or any part of the fees not waived under section 259 or 260A, to the State subject to and in accordance with the regulations.

262Recovery of unpaid fees

An amount not paid by a person under section 261—

(a)is a debt due to the State; and

(b)may be recovered by COVID-19 Quarantine Victoria, for and on behalf of the State, in a court of competent jurisdiction.

263Delegation

The Administrative Office Head within the meaning of the Public Administration Act 2004 of COVID-19 Quarantine Victoria, by instrument, may delegate to any employee or class of employees employed under Part 3 of that Act any power, duty or function of the Administrative Office Head or COVID‑19 Quarantine Victoria under this Part, other than this power of delegation.

*                *                *                *                *

SCHEDULE

TABLE 1

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, agent 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 which is approved by the Secretary and published in the Government Gazette for the presence of a prescribed disease; and (c) obtained a negative result from that test or each of those tests.	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 a prescribed disease 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.
Item	Column 1 Person against whom action brought	Column 2 Defences	Column 3 Exception to defences
2	A health service or another body at whose premises— (a) blood supplied by the Society or a health service; or (b) a blood product derived from blood supplied by the Society or a health service— is administered or supplied to a person.	Either— (a) when the blood or blood product was administered or supplied, there was attached to the container in which the blood or blood product was contained a certificate purporting to have been issued at the laboratory at which a sample of the blood was tested stating— (i) in the case of blood, that a sample of the blood; and (ii) in the case of a blood product, that a sample of each unit of blood from which the blood product was derived— was tested in a manner which is approved by the Secretary and published in the Government Gazette for the presence of a prescribed disease and that the result of the test was negative; or	If, at any time up to and including the time at which the blood or blood product was administered or used, the health service or other body at whose premises the blood or blood product was administered or used— (a) had been informed that the blood or blood product was likely to contain a prescribed disease; and (b) did not take reasonable steps to ensure that the blood or blood product was not administered to, or used by, any person.

Item	Column 1 Person against whom action brought	Column 2 Defences	Column 3 Exception to defences
(b) the Society or health service from which the blood or blood product was supplied— (i) 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      (ii) before supplying the blood or a blood product—
(A) caused a sample; or (B) 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 which is approved by the Secretary and published in the Government Gazette for the presence of a

Item	Column 1 Person against whom action brought	Column 2 Defences	Column 3 Exception to defences
prescribed disease; and (iii) obtained a negative result from that test or each of those tests; or
(c) before taking the blood from a donor— (i) the Society or health service obtained a statement from the donor which is in the approved form and published in the Government Gazette; and      (ii) the blood was required to be administered urgently; and (iii) it was not reasonably practicable to obtain all the required blood from a source which has been tested in the manner which is approved by the Secretary and published in the Government Gazette;

Item	Column 1 Person against whom action brought	Column 2 Defences	Column 3 Exception to defences
3	A registered medical practitioner, nurse, midwife or registered pharmacist or a person acting on behalf of a registered medical practitioner, nurse, midwife or registered 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.	The defences set out in column 2 of item 2.	If, at any time up to and including the time at which the blood or blood product was administered or used, the registered medical practitioner, nurse, midwife or registered pharmacist or other person— (a) had been informed that the blood or blood product was likely to contain a prescribed disease; and (b) did not take reasonable steps to ensure that the blood or blood product was not administered to, or used by, any person.

TABLE 2

Item	Column 1 Person against whom action brought	Column 2 Defences	Column 3 Exception to defences
1	A health service, registered medical practitioner or a person dealing with tissue.	Either— (a) in the case of tissue (other than semen) taken from a living person— (i) the donor completed a statement which is in the approved form and published in the Government Gazette before the tissue was taken; and (ii) a sample of the donor's blood was tested in a manner which is approved by the Secretary and published in the Government Gazette for the presence of a prescribed disease; and (iii) the result of the test was negative; or (b) in the case of tissue (other than semen) taken from the body of a dead person— (i) a sample of the blood of the dead person was tested in a manner which	The health service or other person had reasonable grounds for believing that the tissue or semen was likely to contain a prescribed disease and did not take reasonable steps to ensure that the tissue or semen was not used in a way that might infect the person with a prescribed disease.
Item	Column 1 Person against whom action brought	Column 2 Defences	Column 3 Exception to defences
is approved by the Secretary and published in the Government Gazette for the presence of a prescribed disease; and (ii) the result of the test was negative; and (iii) the registered medical practitioner who transplanted the tissue made, or is satisfied that another person made, reasonable enquiries about the behaviour of the dead person to find out whether that person was at a high risk of being infected with a prescribed disease; or (c)  in the case of the use of semen in the carrying out of artificial insemination or a fertilisation procedure—

Item	Column 1 Person against whom action brought	Column 2 Defences	Column 3 Exception to defences
(i) before the semen was provided by a donor, the donor completed a statement which is in the approved form and published in the Government Gazette; and (ii) at the time of the donation and, upon the expiry of the prescribed period after that time, a sample of the donor's blood was tested in a manner which is approved by the Secretary and published in the Government Gazette for the presence of a prescribed disease; and     (iii) the results of the tests were negative; and (iv) the semen was not used until after the prescribed quarantine period.

═══════════════

ENDNOTES

1 General information

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

Minister's second reading speech—

Legislative Assembly: 8 May 2008

Legislative Council: 26 June 2008

The long title for the Bill for this Act was "A Bill for an Act to enact a new legislative scheme which promotes and protects public health and wellbeing in Victoria, to amend the Health Act 1958, the Food Act 1984 and certain other Acts, to repeal the Health Act 1958 and consequentially amend certain other Acts and for other purposes."

Constitution Act 1975:

Section 85(5) statement:

Legislative Assembly: 8 May 2008

Legislative Council: 26 June 2008

Absolute majorities:

Legislative Assembly: 26 June 2008

Legislative Council: 21 August 2008

The Public Health and Wellbeing Act 2008 was assented to on 2 September 2008 and came into operation as follows:

Sections 1–3, 246, 249, 254, 255, 263–266 on 1 January 2009: Special Gazette (No. 365) 12 December 2008 page 1; rest of Act on 1 January 2010: section 2(2).

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 section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

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

•     Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms.  See section 36(1A)(2A).

•     Examples, diagrams or notes

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

•     Punctuation

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

•     Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001.  Provision numbers include section numbers, subsection 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 an Act 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 an Act. 
See section 36(3)(3D)(3E).

2   Table of Amendments

This publication incorporates amendments made to the Public Health and Wellbeing Act 2008 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Public Health and Wellbeing Act 2008, No. 46/2008

Assent Date:	2.9.08
Commencement Date:	S. 246(4) on 1.1.09: Special Gazette (No. 365) 12.12.08 p. 1; s. 293 on 1.1.10: s. 2(2); s. 254 inserted on 21.10.20 by No. 27/2020 s. 16: s. 2; s. 248D inserted on 8.12.21 by No. 53/2021 s. 19: s. 2(1)
Note:	S. 246(4) provided that s. 246 expired on 1.1.11; s. 293 repealed Pt 12 Divs 2–5 (ss 247–293) on 1.7.11; s. 254 (as amended by No. 7/2021 s. 4) repealed Pt 13 (ss 249–251, 254) on 16.12.21; s. 248D(5) provided that s. 248D expired on 30.8.24
CurrentState:	This information relates only to the provision/s amending the Public Health and Wellbeing Act 2008

Assisted Reproductive Treatment Act 2008, No. 76/2008

Assent Date:	11.12.08
Commencement Date:	Ss 157, 158 on 1.1.10: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Public Health and Wellbeing Act 2008

Coroners Act 2008, No. 77/2008

Assent Date:	11.12.08
Commencement Date:	S. 129(Sch. 2 item 21) on 1.11.09: s. 2
CurrentState:	This information relates only to the provision/s amending the Public Health and Wellbeing Act 2008

Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009

Assent Date:	24.11.09
Commencement Date:	S. 97(Sch. item 99) on 1.1.10: Government Gazette 10.12.09 p. 3215
CurrentState:	This information relates only to the provision/s amending the Public Health and Wellbeing Act 2008

Statute Law Amendment (Evidence Consequential Provisions) Act 2009, No. 69/2009

Assent Date:	24.11.09
Commencement Date:	S. 54(Sch. Pt 1 item 47), (Sch. Pt 2 item 40) on 1.1.10: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Public Health and Wellbeing Act 2008

Statute Law Amendment (National Health Practitioner Regulation) Act 2010, No. 13/2010

Assent Date:	30.3.10
Commencement Date:	S. 51(Sch. item 44) on 1.7.10: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Public Health and Wellbeing Act 2008

Health and Human Services Legislation Amendment Act 2010, No. 29/2010

Assent Date:	8.6.10
Commencement Date:	Ss 3–6 on 1.7.10: Special Gazette (No. 235) 23.6.10 p. 1
CurrentState:	This information relates only to the provision/s amending the Public Health and Wellbeing Act 2008

Consumer Affairs Legislation Amendment (Reform) Act 2010, No. 63/2010

Assent Date:	28.9.10
Commencement Date:	S. 81(Sch. item 9) on 1.11.10: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Public Health and Wellbeing Act 2008

Statute Law Revision Act 2011, No. 29/2011

Assent Date:	21.6.11
Commencement Date:	S. 3(Sch. 1 item 75.4) on 2.9.08: s. 2(2)(g); s. 3(Sch. 1 item 75.3) on 31.12.09: s. 2(2)(f); s. 3(Sch. 1 items 75.1, 75.2) on 22.6.11: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Public Health and Wellbeing Act 2008

Emergency Management Legislation Amendment Act 2011, No. 56/2011

Assent Date:	2.11.11
Commencement Date:	S. 31 on 3.11.11: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Public Health and Wellbeing Act 2008

Children's Services Amendment Act 2011, No. 80/2011

Assent Date:	21.12.11
Commencement Date:	S. 79(Sch. item 5) on 1.1.12: Special Gazette (No. 423) 21.12.11 p. 2
CurrentState:	This information relates only to the provision/s amending the Public Health and Wellbeing Act 2008

Health Professions Registration (Repeal) Act 2012, No. 27/2012

Assent Date:	29.5.12
Commencement Date:	S. 22 on 1.7.12: s. 2
CurrentState:	This information relates only to the provision/s amending the Public Health and Wellbeing Act 2008

Residential Tenancies and Other Consumer Acts Amendment Act 2012, No. 56/2012

Assent Date:	18.9.12
Commencement Date:	S. 23 on 19.9.12: s. 2(1); ss 19, 20, 22 on 31.3.13: Special Gazette (No. 444) 19.12.12 p. 1; s. 21 on 1.8.13: Special Gazette (No. 277) 30.7.13 p. 1
CurrentState:	This information relates only to the provision/s amending the Public Health and Wellbeing Act 2008

Integrity and Accountability Legislation Amendment Act 2012, No. 82/2012

Assent Date:	18.12.12
Commencement Date:	S. 296 on 10.2.13: Special Gazette (No. 32) 6.2.13 p. 2
CurrentState:	This information relates only to the provision/s amending the Public Health and Wellbeing Act 2008

Emergency Management Act 2013, No. 73/2013

Assent Date:	3.12.13
Commencement Date:	S. 102 on 1.7.14: Special Gazette (No. 148) 13.5.14 p. 1
CurrentState:	This information relates only to the provision/s amending the Public Health and Wellbeing Act 2008

Legal Profession Uniform Law Application Act 2014, No. 17/2014

Assent Date:	25.3.14
Commencement Date:	S. 160(Sch. 2 item 79) on 1.7.15: Special Gazette (No. 151) 16.6.15 p. 1
CurrentState:	This information relates only to the provision/s amending the Public Health and Wellbeing Act 2008

Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014

Assent Date:	3.6.14
Commencement Date:	S. 10(Sch. item 136) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2
CurrentState:	This information relates only to the provision/s amending the Public Health and Wellbeing Act 2008

Privacy and Data Protection Act 2014, No. 60/2014

Assent Date:	2.9.14
Commencement Date:	S. 140(Sch. 3 item 39) on 17.9.14: Special Gazette (No. 317) 16.9.14 p. 1
CurrentState:	This information relates only to the provision/s amending the Public Health and Wellbeing Act 2008

Inquiries Act 2014, No. 67/2014

Assent Date:	23.9.14
Commencement Date:	S. 147(Sch. 2 item 30) on 15.10.14: Special Gazette (No. 364) 14.10.14 p. 2
CurrentState:	This information relates only to the provision/s amending the Public Health and Wellbeing Act 2008

Public Health and Wellbeing Amendment (Hairdressing Registration) Act 2015, No. 11/2015

Assent Date:	21.4.15
Commencement Date:	Ss 3–10 on 1.3.16: s. 2
Current State:	This information relates only to the provision/s amending the Public Health and Wellbeing Act 2008

Statute Law Revision Act 2015, No. 21/2015

Assent Date:	16.6.15
Commencement Date:	S. 3(Sch. 1 item 43) on 1.8.15: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Public Health and Wellbeing Act 2008

Public Health and Wellbeing Amendment (No Jab, No Play) Act 2015, No. 55/2015

Assent Date:	27.10.15
Commencement Date:	Ss 4–8 on 1.1.16: Special Gazette (No. 403) 15.12.15 p. 2
Current State:	This information relates only to the provision/s amending the Public Health and Wellbeing Act 2008

Public Health and Wellbeing Amendment (Safe Access Zones) Act 2015, No. 66/2015

Assent Date:	1.12.15
Commencement Date:	Ss 3–5 on 2.5.16: Special Gazette (No. 114) 26.4.16 p. 1
Current State:	This information relates only to the provision/s amending the Public Health and Wellbeing Act 2008

Health Complaints Act 2016, No. 22/2016

Assent Date:	3.5.16
Commencement Date:	S. 243 on 1.2.17: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Public Health and Wellbeing Act 2008

Family Violence Protection Amendment Act 2017, No. 19/2017

Assent Date:	16.5.17
Commencement Date:	Ss 59, 60 on 17.5.17: s. 2(1)
Current State:	This information relates only to the provision/s amending the Public Health and Wellbeing Act 2008

Health Legislation Amendment (Quality and Safety) Act 2017, No. 52/2017 (as amended by No. 4/2018)

Assent Date:	24.10.17
Commencement Date:	Ss 90‒94 on 1.7.18: s. 2(4); ss 95, 96 never proclaimed, repealed by No. 4/2018 s. 28
Current State:	This information relates only to the provision/s amending the Public Health and Wellbeing Act 2008

Health and Child Wellbeing Legislation Amendment Act 2018, No. 4/2018

Assent Date:	27.2.18
Commencement Date:	Ss 16, 17, 20, 22, 23 on 28.2.18: s. 2(1); ss 18, 19, 21, 24 on 1.11.18: s. 2(3)
Current State:	This information relates only to the provision/s amending the Public Health and Wellbeing Act 2008

Oaths and Affirmations Act 2018, No. 6/2018

Assent Date:	27.2.18
Commencement Date:	S. 68(Sch. 2 item 103) on 1.3.19: s. 2(2)
Current State:	This information relates only to the provision/s amending the Public Health and Wellbeing Act 2008

Audit Amendment Act 2019, No. 12/2019

Assent Date:	4.6.19
Commencement Date:	S. 24 on 1.7.19: s. 2(2)
Current State:	This information relates only to the provision/s amending the Public Health and Wellbeing Act 2008

Guardianship and Administration Act 2019, No. 13/2019

Assent Date:	4.6.19
Commencement Date:	S. 221(Sch. 1 item 42) on 1.3.20: s. 2(2)
Current State:	This information relates only to the provision/s amending the Public Health and Wellbeing Act 2008

Public Health and Wellbeing Amendment Act 2019, No. 22/2019

Assent Date:	20.8.19
Commencement Date:	S. 7 on 21.8.19: s. 2(1); ss 4–6 on 15.12.19: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Public Health and Wellbeing Act 2008

Children's Services Amendment Act 2019, No. 37/2019

Assent Date:	6.11.19
Commencement Date:	S. 21 on 17.5.20: Special Gazette (No. 232) 12.5.20 p. 1
CurrentState:	This information relates only to the provision/s amending the Public Health and Wellbeing Act 2008

Local Government Act 2020, No. 9/2020

Assent Date:	24.3.20
Commencement Date:	S. 390(Sch. 1 items 82.1, 82.2) on 6.4.20; s. 390(Sch. 1 item 82.6) on 1.5.20: Special Gazette (No. 150) 24.3.20 p. 1; s. 390(Sch. 1 items 82.3–82.5) on 24.10.20: s. 2(3)(f)
CurrentState:	This information relates only to the provision/s amending the Public Health and Wellbeing Act 2008

Public Health and Wellbeing Amendment (State of Emergency Extension and Other Matters) Act 2020, No. 24/2020

Assent Date:	8.9.20
Commencement Date:	Ss 3–7 on 9.9.20: s. 2
CurrentState:	This information relates only to the provision/s amending the Public Health and Wellbeing Act 2008

COVID-19 Omnibus (Emergency Measures) and Other Acts Amendment Act 2020, No. 27/2020

Assent Date:	20.10.20
Commencement Date:	S. 16 on 21.10.20: s. 2
Current State:	This information relates only to the provision/s amending the Public Health and Wellbeing Act 2008

Food Amendment Act 2020, No. 38/2020

Assent Date:	1.12.20
Commencement Date:	Ss 53, 54 on 1.7.21: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Public Health and Wellbeing Act 2008

Public Health and Wellbeing Amendment (Quarantine Fees) Act 2020, No. 44/2020

Assent Date:	9.12.20
Commencement Date:	Ss 3−5 on 7.12.20: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Public Health and Wellbeing Act 2008

Public Health and Wellbeing Amendment Act 2021, No. 2/2021

Assent Date:	9.2.21
Commencement Date:	Ss 4, 5 on 1.7.21: Special Gazette (No. 243) 25.5.21 p. 1
CurrentState:	This information relates only to the provision/s amending the Public Health and Wellbeing Act 2008

Public Health and Wellbeing Amendment (State of Emergency Extension) Act 2021, No. 7/2021

Assent Date:	10.3.21
Commencement Date:	Ss 3, 3B, 4 on 11.3.21: s. 2(1); ss 2A, 2B, 3A on 20.4.21: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Public Health and Wellbeing Act 2008

Planning and Environment Amendment Act 2021, No. 12/2021

Assent Date:	23.3.21
Commencement Date:	S. 61 on 24.3.21: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Public Health and Wellbeing Act 2008

Public Health and Wellbeing Amendment (Pandemic Management) Act 2021, No. 53/2021

Assent Date:	7.12.21
Commencement Date:	Ss 4−15, 17–19, 42 on 8.12.21: s. 2(1); ss 43−54 on 8.12.21: Special Gazette (No. 693) 7.12.21 p. 1; s. 36 on 16.12.21: s. 2(3); ss 20, 21 on 30.8.22: Special Gazette (No. 438) 30.8.22 p. 1
CurrentState:	This information relates only to the provision/s amending the Public Health and Wellbeing Act 2008

Health Legislation Amendment (Quality and Safety) Act 2022, No. 4/2022

Assent Date:	1.3.22
Commencement Date:	Ss 12, 13 on 30.11.22: s. 2(2)
Current State:	This information relates only to the provision/s amending the Public Health and Wellbeing Act 2008

Sex Work Decriminalisation Act 2022, No. 7/2022

Assent Date:	1.3.22
Commencement Date:	Ss 72–75 on 1.12.23: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Public Health and Wellbeing Act 2008

Regulatory Legislation Amendment (Reform) Act 2022, No. 13/2022

Assent Date:	29.3.22
Commencement Date:	S. 56 on 30.3.22: s. 2(3)
Current State:	This information relates only to the provision/s amending the Public Health and Wellbeing Act 2008

Public Health and Wellbeing Amendment Act 2022, No. 15/2022

Assent Date:	12.4.22
Commencement Date:	Ss 20–25 on 13.4.22: s. 2(1); ss 4, 10−13, 16−19 on 1.10.22: Special Gazette (No. 489) 20.9.22 p. 2; s. 9 on 1.1.23: Special Gazette (No. 489) 20.9.22 p. 2; ss 5–8, 14, 15 on 15.2.23: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Public Health and Wellbeing Act 2008

Mental Health and Wellbeing Act 2022, No. 39/2022

Assent Date:	6.9.22
Commencement Date:	S. 858 on 1.9.23: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Public Health and Wellbeing Act 2008

Children and Health Legislation Amendment (Statement of Recognition, Aboriginal Self-determination and Other Matters) Act 2023, No. 17/2023

Assent Date:	27.6.23
Commencement Date:	S. 68 on 28.6.23: s. 2(1); ss 61, 62 on 1.7.24: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Public Health and Wellbeing Act 2008

Victorian Institute of Forensic Medicine Act 2024, No. 34/2024

Assent Date:	17.9.24
Commencement Date:	Ss 56, 57 on 1.7.25: s. 2(2)
Current State:	This information relates only to the provision/s amending the Public Health and Wellbeing Act 2008

Health Legislation Amendment (Regulatory Reform) Act 2024, No. 39/2024

Assent Date:	29.10.24
Commencement Date:	Ss 117, 118 on 30.10.24: s. 2(1); ss 103–105 on 1.3.25: Special Gazette (No. 700) 17.12.24 p. 1
CurrentState:	This information relates only to the provision/s amending the Public Health and Wellbeing Act 2008

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3   Explanatory details

No entries at date of publication.