Public Health and Wellbeing Amendment (Service Victoria) Regulations 2021 (Vic)

Public Health and Wellbeing Amendment (Service Victoria) Regulations 2021

S.R. No. 175/2021

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Principal Regulations

4New Part 10 inserted

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Endnotes

STATUTORY RULES 2021

S.R. No. 175/2021

Public Health and Wellbeing Act 2008

Public Health and Wellbeing Amendment (Service Victoria) Regulations 2021

The Governor in Council makes the following Regulations:

Dated: 21 December 2021

Responsible Minister:

MARTIN FOLEY
Minister for Health

ALEXANDRA DEBELJAKOVIC

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Public Health and Wellbeing Regulations 2019 to confer functions on the Service Victoria CEO authorising the collection, provision, transfer, disclosure or use of information by the Service Victoria CEO for the purposes of the Public Health and Wellbeing Act 2008.

2Authorising provision

These Regulations are made under section 232 of the Public Health and Wellbeing Act 2008.

3Principal Regulations

In these Regulations, the Public Health and Wellbeing Regulations 2019[1] are called the Principal Regulations.

4New Part 10 inserted

After Part 9 of the Principal Regulations insert—

'Part 10—Digital services information

120Purpose

The purpose of this Part is to confer functions in relation to the collection, provision, transfer, disclosure or use of information on the Service Victoria CEO for the purpose of giving effect to, or facilitating the enforcement of the following in relation to the management of a pandemic disease or a disease of pandemic potential—

(a)any directions given, or requirements made, in the exercise of a power under an authorisation given under the Act;

(b)the exercise of the emergency powers under the Act or an order made under the Act.

121Definitions for this Part

In this Part—

digital services information means information and data collected, provided, transferred, disclosed, used, generated and otherwise handled on or through the Service Victoria Platform and includes the following—

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

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

(c)health information and personal information within the meaning of the Privacy Act 1988 of the Commonwealth;

(d)information derived from a record of information that is made under or in accordance with the Australian Immunisation Register Act 2015 of the Commonwealth;

(e)information in the digital system provided by the Service Victoria CEO and other parts of the Victorian Government that is known as the "Service Victoria check-in app" or the "Victorian Government QR Code Service";

(f)immunisation history statements or certificates or digital COVID‑19 immunisation status certificates issued by the Commonwealth and related information;

(g)applications for permits, exemptions and attestations required under the Act or under directions or orders made under the Act from time to time and related information;

(h)validation information on whether a digital COVID-19 immunisation status certificate is real and not fraudulent and similar information generated or handled for operational purposes;

(i)information capturing user choices and for the purpose of enabling features in the Service Victoria Platform;

(j)reporting, evaluation and analysis information;

(k)information collected, provided, transferred, disclosed, used, generated and otherwise handled from another State or a Territory in relation to the exercise of the emergency powers under the Act or the exercise of a power to give effect to an order made under the Act in relation to the management of COVID-19, a pandemic disease or a disease of pandemic potential;

(l)pandemic information and contact tracing information collected, provided, transferred, disclosed, used, generated and otherwise handled in accordance with Part 8A of the Act;

Service Victoria has the same meaning as in the Service Victoria Act 2018;

Service Victoria CEO has the same meaning as in the Service Victoria Act 2018;

Service Victoria Platform means the integrated technology system managed by Service Victoria comprising all core integration, internal and infrastructure platforms and systems required for the delivery of services to the Australian public and other parts of Government by Service Victoria, including, but not limited to, applications, websites, products, features, tools and capabilities.

122Service Victoria CEO functions

For the purposes of section 15(h) of the Service Victoria Act 2018, the function of collecting, providing, transferring, disclosing and using digital services information is conferred on the Service Victoria CEO for the purposes of delivering services on or through the Service Victoria Platform for the purpose of giving effect to, or facilitating the enforcement of the following in relation to the management of a pandemic disease or a disease of pandemic potential—

(a)any directions given, or requirements made, in the exercise of a power under an authorisation given under the Act;

(b)the exercise of the emergency powers under the Act or an order made under the Act.

123Revocation

This Part is revoked on 1 November 2022.'.

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Endnotes

[1] Reg. 3: S.R. No. 135/2019 as amended by S.R. Nos 4/2020, 5/2020, 20/2020, 76/2020, 79/2020, 86/2020, 93/2020, 99/2020, 1/2021, 15/2021, 43/2021 and 129/2021.