Public Health and Wellbeing Further Amendment Regulations 2018 (Vic)
Public Health and Wellbeing Further Amendment Regulations 2018
S.R. No. 148/2018
TABLE OF PROVISIONS
Regulation Page
1Objective
2Authorising provisions
3Commencement
4Principal Regulations
5New Division 2A inserted in Part 9
6New regulation 80B inserted
7New Schedule 6A inserted
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Endnotes
STATUTORY RULES 2018
S.R. No. 148/2018
Public Health and Wellbeing Act 2008
Public Health and Wellbeing Further Amendment Regulations 2018
The Lieutenant-Governor as the Governor's deputy, with the advice of the Executive Council, makes the following Regulations:
Dated: 2 October 2018
Responsible Minister:
JILL HENNESSY
Minister for HealthANDREW ROBINSON
Clerk of the Executive Council
1Objective
The objective of these Regulations is to amend the Public Health and Wellbeing Regulations 2009 to prescribe the following matters under the Public Health and Wellbeing Act 2008—
(a)the manner of making a notification that a person has anaphylaxis;
(b)the notification details for a person having anaphylaxis;
(c)the period within which notification details for a person having anaphylaxis must be given;
(d)the maximum interval at which the parent of a child who attends an early childhood service must provide the service with an immunisation status certificate indicating that the child is age appropriately immunised.
2Authorising provisions
These Regulations are made under sections 232 and 238 of the Public Health and Wellbeing Act 2008.
3Commencement
These Regulations come into operation on 1 November 2018.
4Principal Regulations
In these Regulations, the Public Health and Wellbeing Regulations 2009[1] are called the Principal Regulations.
5New Division 2A inserted in Part 9
After regulation 76 of the Principal Regulations insert—
"Division 2A—Notification of anaphylaxis
76ADefinitions
In this Division—
food has the same meaning as it has in section 4(1) of the Food Act 1984;
package has the same meaning as it has in section 4(1) of the Food Act 1984.
76BPrescribed notification details for a person having anaphylaxis
For the purposes of section 130B(2) of the Act, the prescribed notification details are the details specified in Schedule 6A.
76CPrescribed manner and period for notification of anaphylaxis
For the purposes of section 130B(2) of the Act—
(a)if the suspected cause of anaphylaxis is the consumption of packaged food, the prescribed manner and period for notification by the anaphylaxis reporting body is immediate notification by telephone; and
(b)in any other case, the prescribed manner and period for notification by the anaphylaxis reporting body is notification electronically through the Department's website within 5 days of initial diagnosis.".
6New regulation 80B inserted
After regulation 80A of the Principal Regulations insert—
"80B Prescribed period—interval for provision of immunisation status certificate for a child who attends an early childhood service
For the purposes of section 143E(1)(b) of the Act, the prescribed period is 7 months.".
7New Schedule 6A inserted
After Schedule 6 to the Principal Regulations insert—
"Schedule 6A—Anaphylaxis—prescribed notification details
Regulation 76B
1Notification details—case information
1.1Family name
1.2Given name(s)
1.3Date of birth
1.4Sex
1.5Aboriginal or Torres Strait Islander status
1.6Residential address
1.7Contact details of the person/parent/guardian
2Notification details—clinical information
2.1Mortality details
2.2Morbidity details
2.3Allergies or other history of anaphylaxis reported by the person
2.4Date of presentation for treatment for anaphylaxis
3Notification details—details of anaphylaxis reporting body
3.1Name and address of anaphylaxis reporting body
3.2Telephone number and email address of anaphylaxis reporting body
3.3Name and telephone number of registered medical practitioner who formed the reasonable belief that the person had anaphylaxis
3.4Report date
4Notification details—suspected cause of anaphylaxis
The notification details are to include one of the causes listed in column A of the Table as the suspected cause of the anaphylaxis of the person presenting for treatment, and the details in column B of the Table to the extent known to the anaphylaxis reporting body.
Table
Column A
Suspected cause of anaphylaxis
Column B
Additional notification details
Consumption of packaged food Type of food product
Brand of food product
Date and time of consumption
Unpackaged food from a food premises Details of the food consumed
Name of food premises
Date and time of consumption
Consumption of any other food Details of the food consumed Drug Type of drug
Name of drug
Blood-derived
productsName of product
Batch number
Vaccine Type of vaccine
Name of vaccine
Insect venom Type of insect Other Details of the suspected cause of anaphylaxis Unknown Any relevant details
".
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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 and 99/2018.
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