Public Health and Wellbeing Further Amendment Regulations 2022 (Vic)

Public Health and Wellbeing Further Amendment Regulations 2022

S.R. No. 88/2022

table of provisions

Regulation  Page

1Objective

2Authorising provisions

3Commencement

4Principal Regulations

5Definitions

6Purpose of this Division

7Notifiable conditions and micro-organisms

8Notification details

9Regulation 94 substituted

10Closure of court or tribunal—prescribed diseases

11New regulation 103AA inserted

12Tissue donations

13New regulations 112A and 112B inserted

14New regulation 113A inserted

15Division 7 of Part 7 revoked

16Schedule 4—Pathology services—notifiable conditions and notification details

17New Schedule 4A inserted

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Endnotes

statutory rules 2022

S.R. No. 88/2022

Public Health and Wellbeing Act 2008

Public Health and Wellbeing Further Amendment Regulations 2022

The Lieutenant-Governor as the Governor's deputy, with the advice of the Executive Council, makes the following Regulations:

Dated: 20 September 2022

Responsible Minister:

MARY-ANNE THOMAS
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—

(a)to prescribe HIV and Hepatitis C as prescribed diseases for the purposes of Part 8 of the Public Health and Wellbeing Act 2008; and

(b)to prescribe HIV and hepatitis as specified infectious diseases for the purposes of Division 5 of Part 8 of the Public Health and Wellbeing Act 2008; and

(c)to prescribe notifiable conditions and notification details for tests that relate to those conditions, for the purposes of notifications by pathology services under Division 3 of Part 8 of the Public Health and Wellbeing Act 2008; and

(d)to make minor amendments as a consequence of the commencement of the Public Health and Wellbeing Amendment (Pandemic Management) Act 2021, the Public Health and Wellbeing Amendment Act 2022 and the Sex Work Decriminalisation Act 2022.

2Authorising provisions

These Regulations are made under sections 232, 234 and 238 of the Public Health and Wellbeing Act 2008.

3Commencement

(1)These Regulations (except regulations 6, 7, 8, 9, 15, 16 and 17) come into operation on 1 October 2022.

(2)Regulations 6, 7, 8, 9, 16 and 17 come into operation on 1 January 2023.

(3)Regulation 15 comes into operation on 1 December 2023.

4Principal Regulations

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

5Definitions

(1)In regulation 4 of the Principal Regulations insert the following definition—

"HIV means the human immuno-deficiency virus;".

(2)In regulation 4 of the Principal Regulations, the definitions of disease vector and laboratory service are revoked.

6Purpose of this Division

(1)In regulation 90(b) of the Principal Regulations, for "intervention." substitute "intervention; and".

(2)After regulation 90(b) of the Principal Regulations insert—

"(c)the timely notification of information about testing for those conditions that require monitoring, surveillance or investigation, to enable analysis of the epidemiology and testing patterns for those conditions.".

7Notifiable conditions and micro-organisms

In regulation 91(1) of the Principal Regulations, for "and Part 1 and Part 2 of Schedule 4" substitute ", Part 1 and Part 2 of Schedule 4 and Part 1 of Schedule 4A".

8Notification details

After regulation 92(b) of the Principal Regulations insert—

"(ba)for notification under section 128(2)(a) of the Act of a test that relates to a notifiable condition set out in Part 1 of Schedule 4A, the details set out in Part 2 of that Schedule; or".

9Regulation 94 substituted

For regulation 94 of the Principal Regulations substitute—

"94   Notification of notifiable conditions—pathology services

For the purposes of section 128(2)(a) of the Act—

(a)if the result of the test indicates that the person has, or may have, a notifiable condition set out in Part 1 of Schedule 4, the notification details are to be provided—

(i)by telephone as soon as practicable, and in any case, no later than within 24 hours; and

(ii)in writing within 5 business days; and

(b)if the result of the test indicates that the person has, or may have, a notifiable condition set out in Part 2 of Schedule 4, the notification details are to be provided in writing within 5 business days; and

(c)if the test relates to a notifiable condition set out in Part 1 of Schedule 4A, the notification details for all tests performed during a weekly period in relation to that condition are to be provided in writing within 5 business days of the end of that period.".

10Closure of court or tribunal—prescribed diseases

In regulation 103 of the Principal Regulations, for "Hepatitis C is a prescribed disease" substitute "HIV and Hepatitis C are prescribed diseases".

11New regulation 103AA inserted

Before regulation 103A of the Principal Regulations insert—

"103AA   Specified infectious diseases

For the purposes of paragraph (c) of the definition of specified infectious disease in section 3(1) of the Act and section 134(1)(a) of the Act, the following infectious diseases are prescribed as specified infectious diseases—

(a)HIV;

(b)any form of hepatitis which may be transmitted by blood or body fluid.".

12Tissue donations

In the heading to Division 6 of Part 7 of the Principal Regulations, for "Tissue" substitute "Blood and tissue".

13New regulations 112A and 112B inserted

Before regulation 113 of the Principal Regulations insert—

"112A   Blood donations—prescribed diseases

(1)For the purposes of section 151(1)(a)(i) and (ii) and (b) of the Act, HIV and Hepatitis C are prescribed diseases.

(2)For the purposes of section 151(3) of the Act and items 1, 2 and 3 of Table 1 of the Schedule to the Act, HIV and Hepatitis C are prescribed diseases.

112BTissue donations—prescribed diseases

(1)For the purposes of section 152(1)(a)(i) and (ii), (b)(i) and (ii) and (c) of the Act, HIV and Hepatitis C are prescribed diseases.

(2)For the purposes of section 152(3) of the Act and item 1 of Table 2 of the Schedule to the Act, HIV and Hepatitis C are prescribed diseases.".

14New regulation 113A inserted

After regulation 113 of the Principal Regulations insert—

"113A   Liability of donors

For the purposes of section 154(1) of the Act, HIV and Hepatitis C are prescribed diseases.".

15Division 7 of Part 7 revoked

Division 7 of Part 7 of the Principal Regulations is revoked.

16Schedule 4—Pathology services—notifiable conditions and notification details

(1)In the heading to Schedule 4 to the Principal Regulations, after "details" insert "if result of test indicates person has or may have a notifiable condition".

(2)In Schedule 4 to the Principal Regulations, for "Regulations 91, 92 and 94" substitute "Regulations 91(1), 92(b) and 94(a) and (b)".

17New Schedule 4A inserted

After Schedule 4 to the Principal Regulations insert—

"Schedule 4A—Pathology services—notifiable conditions and notification details if test relates to a notifiable condition

Regulations 91(1), 92(ba) and 94(c)

Part 1—Notifiable conditions requiring written notification of testing information weekly

1Chlamydia trachomatis infection

2Influenza

3Respiratory Syncytial Virus (RSV)

Part 2—Notification details

Item 1—Notification details—case information

1.1Age

1.2Sex

1.3Residential postcode

1.4Aboriginal or Torres Strait Islander status

Item 2—Notification details—clinical information

2.1Notifiable condition

Item 3—Notification details—testing information

3.1Test type

3.2Test result

3.3Specimen type

3.4Specimen collection date

Item 4—Notification details—pathology service information

4.1Name of person authorising results

4.2Pathology service name

4.3Pathology service address

4.4Contact telephone number

4.5NATA accreditation number

4.6Report date".

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Endnotes

[1] Reg. 4: S.R. No. 135/2019 as amended by S.R. Nos 135/2019, 4/2020, 5/2020, 20/2020, 76/2020, 79/2020, 86/2020, 93/2020, 99/2020, 1/2021, 15/2021, 43/2021, 129/2021, 156/2021, 175/2021 and 14/2022.