Public Health and Wellbeing Amendment Regulations 2019 (Vic)

Public Health and Wellbeing Amendment Regulations 2019

S.R. No. 47/2019

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provisions

3Commencement

4Transfer and disclosure of information from prescribed Consultative Councils to other prescribed Council

5Prescribed manner and period for notification of anaphylaxis

6Schedule 1—Prescribed Consultative Councils

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Endnotes

STATUTORY RULES 2019

S.R. No. 47/2019

Public Health and Wellbeing Act 2008

Public Health and Wellbeing Amendment Regulations 2019

The Governor in Council makes the following Regulations:

Dated: 18 June 2019

Responsible Minister:

JENNY MIKAKOS
Minister for Health

PIETA TAVROU

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Public Health and Wellbeing Regulations 2009—

(a)to prescribe the Victorian Perioperative Consultative Council to be a prescribed Consultative Council for the purposes of Division 2 of Part 4 of the Public Health and Wellbeing Act 2008; and

(b)to make provision for the transfer and disclosure of information held by existing prescribed Consultative Councils to the Victorian Perioperative Consultative Council; and

(c)to amend the prescribed manner for notification of anaphylaxis by an anaphylaxis reporting body if the suspected cause of anaphylaxis is the consumption of packaged food.

2Authorising provisions

These Regulations are made under sections 232, 233 and 238 of the Public Health and Wellbeing Act 2008.

3Commencement

These Regulations come into operation on 1 July 2019.

4Transfer and disclosure of information from prescribed Consultative Councils to other prescribed Council

After regulation 11 of the Public Health and Wellbeing Regulations 2009[1] insert—

11A"Transfer and disclosure of information from prescribed Consultative Councils to other prescribed Council

(1)Information held by the Consultative Council on Anaesthetic Mortality and Morbidity or the Victorian Surgical Consultative Council (the Old Councils) that has been obtained in the performance of the functions of an Old Council immediately before 1 July 2019 is transferred to the Victorian Perioperative Consultative Council on 1 July 2019.

(2)Information disclosed on or after 1 July 2019 to the Old Councils for the purpose of performing the functions of an Old Council is taken to have been disclosed to the Victorian Perioperative Consultative Council.".

5Prescribed manner and period for notification of anaphylaxis

For regulation 76C(a) and (b) of the Public Health and Wellbeing Regulations 2009 substitute—

"(a)   the prescribed manner for notification is electronically through the Department's website; and

(b) the prescribed period for notification is— 

(i)if the suspected cause of anaphylaxis is the consumption of packaged food, immediately upon the initial diagnosis of anaphylaxis; and

(ii)in any other case, within 5 days of the initial diagnosis of anaphylaxis.".

6Schedule 1—Prescribed Consultative Councils

In Schedule 1 to the Public Health and Wellbeing Regulations 2009, after the entry ending in "Mortality and Morbidity" insert "Victorian Perioperative Consultative Council".

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Endnotes

[1]

Reg. 4: S.R. No. 178/2009. Reprint No. 1 as at 20 November 2014. Reprinted to S.R. No. 143/2013. Subsequently amended by

S.R. Nos 170/2015, 3/2016, 58/2016, 53/2017, 99/2018 and 148/2018.