Public Health and Wellbeing Regulations 2019 (Vic)

Version No. 028

Public Health and Wellbeing Regulations 2019

S.R. No. 135/2019

Version incorporating amendments as at

1 April 2025

TABLE OF PROVISIONS

Regulation  Page

Part 1—Preliminary

1Objective

2Authorising provisions

3Commencement

4Definitions

Part 2—Prescribed senior officers

5Prescribed senior officers

Part 3—Consultative Councils

6Meetings of Consultative Councils

7Quorum of Consultative Council meetings

8Fees payable to members of a Consultative Council or Consultative Council sub-committee

9Prescribed Consultative Council

10Persons to whom a prescribed Consultative Council may provide certain information

11Information for research

12Time to provide birth report

Part 4—Vector-borne infectious disease control

13Purpose of this Part

14Definition

Division 1—Mosquito control

15Duty to control mosquito breeding grounds

16Direction by authorised officer appointed by Council

17Direction by any other authorised officer

Division 2—Control of disease vectors other than mosquitoes

18Division does not apply in relation to mosquitoes

19Notice by Chief Health Officer

20Direction by authorised officer appointed by Council

21Direction by any other authorised officer

Part 5—Registration of certain business premises

Division 1—Preliminary

22Purpose

23Prescribed business

24Exempt businesses

Division 2—Registered premises other than premises of category 1 aquatic facilities

25Application of Division

26Applications for issue of registration of premises

27Applications for transfer of registration of premises

28Applications for renewal of registration of premises

29Condition of registered premises

30Condition of skin penetrating equipment intended to be used at registered premises

31Condition of skin penetrating equipment after use at registered premises

32Condition of other articles used at registered premises

33Personal service hygiene at registered premises

34Hand washing facilities at registered premises

35Information to be provided to clients—tattooing, ear piercing, body piercing and other skin penetration processes

36Information to be kept—premises that conduct tattooing, body piercing or other skin penetration process

37Advertising and registered premises

38Notice to be displayed at registered premises

39Prescribed condition of registration

Division 3—Aquatic facilities

Subdivision 1—Registration of category 1 aquatic facilities

40Application of Division

41Applications for issue of registration of premises

42Applications for transfer of registration of premises

43Applications for renewal of registration of premises

44Prescribed conditions of registration

Subdivision 2—General duties of aquatic facility operator

45Purpose

46Duty to minimise risks

47Duty to maintain and test

48Chemical testing

49Microbiological quality of aquatic facility water

50Condition of aquatic facilities

51Clarity of aquatic facility water

52Temperature

53Filtering

54Treatment of aquatic facility water

55Cyanuric acid level

56Total alkalinity level

57Combined chlorine

58Aquatic facility that is suspected or implicated as the source of infection

59Procedure for responding to non-compliance with microbiological parameters

60Offence to tamper with sample of aquatic facility water

61Requirement to keep aquatic facility records

Part 6—Regulatory provisions administered by the Secretary

Division 1—Cooling tower systems

62Meaning of responsible person

63Obligations to maintain and test cooling tower systems

64Applications to register or renew registration of a cooling tower system—prescribed fees

65Secretary may waive fees for registration or renewal of registration of a cooling tower system

66Risks to be addressed in cooling tower system risk management plans

67Documents to be inspected in conducting cooling tower system risk management plan audits

68Treatment of cooling tower system water

69Disinfection, cleaning and re-disinfection of cooling tower system

70Routine service and testing obligations

71Procedure for responding to detection of high heterotrophic colony count

72Alternate procedure for responding to detection of high heterotrophic colony count

73Procedure for responding to detection of Legionella

74Requirement to report detections of high concentrations of Legionella to the Secretary

75Requirement to report 3 consecutive detections of Legionella to the Secretary

76Response to notification that cooling tower system is suspected or implicated as a source of infection

77Offence to tamper with sample of recirculating water

78Offence to falsify laboratory report

79Requirement to keep records

Division 2—Legionella risks in certain premises

80Meaning of responsible person

81Application of this Division

82Obligation to manage Legionella risks

83Water delivery system suspected or implicated as the source of infection

84Offence to tamper with water sample

85Offence to falsify laboratory report

Division 3—Pest control

86Pest control licence fees

87Qualifications for pest control licences

88Training for supervised pest control licence holders

89Records

Part 7—Management and control of infectious diseases, micro-organisms and medical conditions

Division 1—Notifications

90Purpose of this Division

91Notifiable conditions and micro-organisms

92Notification details

93Notification of notifiable conditions—registered medical practitioners

94Notification of notifiable conditions—pathology services

95Notification of notifiable micro-organisms in food—laboratories and food premises

96Transfer of samples and isolates for sub-typing

97Sub-typing information to be provided to the Secretary

Division 2—Notification and directions

98Secretary may notify Council

99Secretary may give written directions

100Powers of authorised officer

Division 2A—Compliance

100ACompliance with a direction or requirement by a person directed to exercise public health risk powers under section 24 of the Emergency Management Act 1986

Division 3—Notification of anaphylaxis

101Definitions

102Prescribed notification details and manner and period for notification of anaphylaxis

Division 4—Closure of court or tribunal

103Closure of court or tribunal—prescribed diseases

Division 4A—Orders for tests if incident has occurred

103AASpecified infectious diseases

103AOrders for tests if incident has occurred—prescribed class

Division 5—Immunisation

104Definition of immunised

105Definition of early childhood service

106Vaccine-preventable diseases

107Prescribed period—interval for provision of immunisation status certificate for a child who attends an early childhood service

108Retention of immunisation status certificates at primary schools

109Access to immunisation status certificates

110Provision of information

111Exclusion from primary school, education and care service premises or children's services centre

112Disclosure of information to Councils by secondary schools—immunisation co‑ordination

Division 6—Blood and tissue donations

112ABlood donations—prescribed diseases

112BTissue donations—prescribed diseases

113Use of donated semen—prescribed periods

113ALiability of donors

Part 8—Infringements

115Infringements

115APrescribed eligible offences for the concessional infringement scheme

115BPrescribed amount in respect of an eligible offence

115CPrescribed persons eligible for the concessional infringement scheme

Part 9—Transitional provisions

116Definitions

117Transitional provisions—existing pest control licence holders

118Transitional provisions—new pest control licences in the transition period

119Transitional provision—new pest control licences in the transition period

Schedule 1—Qualifications and training

Schedule 2—Pest control operator records

Schedule 3—Registered medical practitioners—notifiable conditions and notification details

Schedule 4—Pathology services—notifiable conditions and notification details if result of test indicates person has or may have a notifiable condition

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

Schedule 5—Micro-organisms—isolated or detected in food or drinking water supplies

Schedule 6—Anaphylaxis—prescribed notification details

Schedule 7—Minimum period of exclusion from primary schools, education and care service premises and children's services centres for infectious diseases cases and contacts

Schedule 8—Infringements

Schedule 9—Transitional—approved courses and qualifications

Schedule 10—Transitional—courses of training and units of competency

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Endnotes

1     General information

2     Table of Amendments

3     Explanatory details

Version No. 028

Public Health and Wellbeing Regulations 2019

S.R. No. 135/2019

Version incorporating amendments as at

1 April 2025

PART 1—PRELIMINARY

1Objective

The objective of these Regulations is to prescribe matters required or permitted to be prescribed or necessary to be prescribed to give effect to the Public Health and Wellbeing Act 2008.

2Authorising provisions

These Regulations are made under sections 232, 233, 234, 235, 236, 237, 238 and 239 of the Public Health and Wellbeing Act 2008.

3Commencement

(1)These Regulations (except regulations 23 and 24(2) and Subdivision 1 of Division 3 of Part 5) come into operation on 14 December 2019.

(2)Regulations 23 and 24(2) and Subdivision 1 of Division 3 of Part 5 come into operation on 14 December 2020.

4Definitions

In these Regulations—

adult means a person of or above the age of 18 years;

aquatic facility means—

(a)a category 1 aquatic facility that is not an exempt aquatic facility; or

(b)a category 2 aquatic facility that is not an exempt aquatic facility;

aquatic facility operator means a person who owns, manages or controls an aquatic facility;

article means any appliance, instrument, container, applicator, cosmetic, dye, dressing or thing used on a living human being;

biocide means a physical or chemical agent capable of killing micro-organisms;

bodypiercing has the same meaning as it has in section 43(1) of the Summary Offences Act 1966;

category 1 aquatic facility means a swimming pool, spa pool or interactive water feature that—

(a)is used by members of the public, whether free of charge or on payment of a fee; or

(b)is used in association with a class or program that is offered free of charge or on payment of a fee; or

(c)is located at the premises of an early childhood service, school or other educational institution; or

(d)is located at premises at which residential aged care services are provided; or

(e)is located at any of the following premises—

(i)a public hospital;

(ii)a multi purpose service;

(iii)a denominational hospital;

(iv)a private hospital;

(v)a privately-operated hospital within the meaning of section 3(1) of the Health Services Act 1988;

category 2 aquatic facility means a swimming pool or spa pool that is used by members of the public and located at the premises of the following—

(a)a residential apartment complex;

(b)a hotel, motel or hostel;

child, in the case of a person who is alleged to have committed an infringement offence, means a person who at the time of the alleged commission of the infringement offence was of or above the age of 10 years and under the age of 18 years;

commercial vehicle wash means a business where cars, trucks and other vehicles are washed;

*                *                *                *                *

disinfect means to carry out a process which—

(a)is intended to inactivate or remove pathogenic micro-organisms; and

(b)in the case of a cooling tower system, consists of dosing the recirculating water inside the cooling tower system with—

(i)a chlorine based compound, equivalent to at least 10 mg/L of free chlorine for at least one hour, while maintaining the pH of the water between 7·0 and 7·6; or

(ii)a bromine based compound, equivalent to at least 20 mg/L of free bromine for at least one hour, while maintaining the pH of the water between 7·0 and 8·5;

drinking water has the same meaning as it has in section 3 of the Safe Drinking Water Act 2003;

exempt aquatic facility means any of the following—

(a)a spa pool that is, or is intended to be, emptied of water after each use;

(b)a floatation tank;

(c)a spring water pool that has a turnover rate of at least 25 percent of the entire volume of the water in the pool to waste each hour;

(d)a waterway within the meaning of section 3(1) of the Water Act 1989;

(e)a private dam within the meaning of section 3(1) of the Water Act 1989;

floatation tank means a heated, highly saline, fluid-filled enclosed tank designed for individual therapeutic use;

food premises has the same meaning as it has in section 4(1) of the Food Act 1984;

food vending machine has the same meaning as it has in section 4(1) of the Food Act 1984;

healthcare identifier has the same meaning as in the Healthcare Identifiers Act 2010 of the Commonwealth;

heterotrophic colony count means an estimate of the number of the viable units of bacteria per millilitre of water;

HIV means the human immuno-deficiency virus;

interactive water feature means any of the following—

(a)a water slide and its associated receiving pool that uses recirculating water;

(b)a wave pool or water play park that uses recirculating water;

(c)any other artificially constructed water play feature where recirculating water may be inhaled or swallowed by a person or come into contact with a person's skin or mucous membranes;

laboratory means a laboratory accredited by the National Association of Testing Authorities;

*                *                *                *                *

Legionella means bacteria belonging to the genus Legionella;

medicare number has the same meaning as in Part VII of the National Health Act 1953 of the Commonwealth;

mosquito breeding ground means a place where mosquito eggs, larvae or pupae are present;

nucleic acid test means any test that detects nucleic acid, including polymerase chain reaction testing;

personal service means any of the following—

(a)beauty therapy;

(b)applying cosmetics that does not involve skin penetration or tattooing;

(c)hairdressing;

(d)colonic irrigation;

(e)tattooing;

(f)ear piercing, body piercing or any other process involving skin penetration;

prison has the same meaning as it has in section 3(1) of the Corrections Act 1986;

privately-operated hospital has the same meaning as it has in section 3(1) of the Health Services Act 1988;

Public Health Laboratory means—

(a)the Microbiological Diagnostic Unit Public Health Laboratory; or

(b)the Victorian Infectious Diseases Reference Laboratory (Peter Doherty Institute for Infection and Immunity);

recirculating water, in respect of a cooling tower system, means the water that circulates inside a cooling tower system;

residential apartment complex means land affected by an owners corporation (within the meaning of section 3 of the Owners Corporations Act 2006) where the lots consist predominantly of self-contained apartments;

self-contained apartment means a portion of a building that forms a self-contained residence, including kitchen, bathroom and toilet facilities, under the exclusive possession of the occupier;

spa pool means an artificially constructed pool that—

(a)has facilities for circulating heated turbulent water; and

(b)is used or intended to be used for passive recreational or therapeutic bathing;

swimming pool means any artificial structure containing water that is used or intended to be used by people for any of the following—

(a)swimming;

(b)diving;

(c)recreational or therapeutic bathing;

(d)hydrotherapy;

(e)exercise;

(f)paddling;

(g)wading;

the Act means the Public Health and Wellbeing Act 2008;

vaccine-preventable disease means a disease prescribed by regulation 106 to be a vaccine‑preventable disease;

water delivery system includes any shower plumbing, bath, pipes, water heaters, bathing facilities, water storage tanks or vehicle washing equipment used to store, deliver, transmit, treat or mix water;

Water Quality Guidelines means the Water quality guidelines for public aquatic facilities: Managing public health risks, as published by the Secretary on the Department's website from time to time.

PART 2—PRESCRIBED SENIOR OFFICERS

5Prescribed senior officers

For the purposes of section 22(1)(b) of the Act, Senior Medical Advisors employed by the Department are prescribed senior officers.

PART 3—CONSULTATIVE COUNCILS

6Meetings of Consultative Councils

For the purposes of section 35 of the Act—

(a)meetings of a Consultative Council must be held at least every 3 months; and

(b)the date and time of a meeting of a Consultative Council must be fixed—

(i)by resolution of the Consultative Council; or

(ii)if no date and time is fixed by resolution, by the Chairperson.

7Quorum of Consultative Council meetings

For the purposes of section 35 of the Act—

(a)the quorum for meetings of a Consultative Council is more than 50 percent of the number of members of the Consultative Council; and

(b)the quorum for meetings of a Consultative Council sub-committee is more than 50 percent of the members of the Consultative Council sub-committee.

8Fees payable to members of a Consultative Council or Consultative Council sub-committee

For the purpose of section 233(e) of the Act, the fees payable to an eligible member of a Consultative Council or eligible member of a Consultative Council sub-committee are—

(a)20 fee units for every half day; or

(b)40 fee units for every full day.

9Prescribed Consultative Council

For the purposes of Division 2 of Part 4 of the Act, the Victorian Perioperative Consultative Council is a prescribed Consultative Council.

10Persons to whom a prescribed Consultative Council may provide certain information

For the purposes of section 41(1)(k) of the Act, the following persons are prescribed—

(a)the Australian Institute of Health and Welfare established by section 4 of the Australian Institute of Health and Welfare Act 1987 of the Commonwealth;

(b)the Registrar of Births, Deaths and Marriages employed in accordance with section 5 of the Births, Deaths and Marriages Registration Act 1996.

11Information for research

(1)This regulation applies, in the case of—

(a)CCOPMM, for the purpose of carrying out its functions under section 46 of the Act; or

(b)a prescribed Consultative Council, for the purpose of carrying out its functions under section 38 of the Act.

(2)If this regulation applies, a Consultative Council may make available to researchers any information—

(a)approved by CCOPMM, and collected by the perinatal data collection unit conducted by CCOPMM for the purpose of section 46(1) of the Act; and

(b)that is not capable of establishing the identity of any person in respect of whom information has been collected.

(3)Despite subregulation (2), information that identifies a person may be given by the Consultative Council to a researcher—

(a)if written permission has been given by the person identified in the document; and

(b)if possible, written permission has been given by either the medical practitioner or midwife who was in attendance at the birth; and

(c)where the birth occurred in a health service, written permission has been given by the chief executive officer or proprietor of the health service.

12Time to provide birth report

For the purposes of section 48 of the Act, the prescribed period is 30 days after the birth.

PART 4—VECTOR-BORNE INFECTIOUS DISEASE CONTROL

13Purpose of this Part

The purpose of this Part is to control disease vectors and conditions on premises—

(a)to prevent, abate or eradicate the nuisance arising from disease vectors; and

(b)to prevent, abate or eradicate the transmission of infectious disease by disease vectors.

14Definition

In this Part, conditions means artificial, natural, permanent or temporary conditions.

Division 1—Mosquito control

15Duty to control mosquito breeding grounds

An owner or occupier of premises must take reasonable steps to—

(a)control any mosquito breeding ground on the premises; and

(b)abate any conditions on the premises that are conducive to the establishment of a mosquito breeding ground.

Penalty:10 penalty units.

Example

Water accumulating on premises is conducive to the establishment of a mosquito breeding ground.

16Direction by authorised officer appointed by Council

(1)An authorised officer appointed by a Council may give a direction under subregulation (2) to an owner or occupier of premises if the authorised officer believes on reasonable grounds that—

(a)there is a mosquito breeding ground on the premises; or

(b)conditions on the premises may lead to the establishment of a mosquito breeding ground.

(2)The authorised officer may direct an owner or occupier of premises to do all or any of the following—

(a)take specified steps to control any mosquito breeding ground on the premises;

(b)take specified steps to control the adult mosquito population on the premises;

(c)take specified steps to abate any conditions on the premises that are conducive to the establishment of a mosquito breeding ground.

(3)A direction may be given by an authorised officer either orally or in writing.

(4)If an authorised officer gives a direction orally, it must be confirmed in writing as soon as reasonably practicable.

(5)A person to whom a direction is given under subregulation (2) must comply with the direction.

Penalty:20 penalty units.

17Direction by any other authorised officer

(1)An authorised officer, other than an authorised officer appointed by a Council, may give a direction under subregulation (2) to an owner or occupier of premises if the authorised officer believes on reasonable grounds that—

(a)there is a mosquito breeding ground on the premises; or

(b)conditions on the premises are conducive to the establishment of a mosquito breeding ground.

(2)The authorised officer may direct an owner or occupier of premises to do all or any of the following—

(a)take specified steps to control any mosquito breeding ground on the premises;

(b)take specified steps to control the adult mosquito population on the premises;

(c)take specified steps to abate any conditions on the premises that are conducive to the establishment of a mosquito breeding ground.

(3)A direction may be given by an authorised officer either orally or in writing.

(4)If an authorised officer gives a direction orally, it must be confirmed in writing as soon as reasonably practicable.

(5)A person to whom a direction is given under subregulation (2) must comply with the direction.

Penalty:20 penalty units.

Division 2—Control of disease vectors other than mosquitoes

18Division does not apply in relation to mosquitoes

This Division does not apply in relation to mosquitoes.

19Notice by Chief Health Officer

(1)The Chief Health Officer may issue a disease vector control notice if the Chief Health Officer is satisfied that a material risk to public health exists from a disease vector.

(2)A disease vector control notice must—

(a)be in writing; and

(b)specify the disease vector or vectors to which it relates; and

(c)specify the municipal district or districts to which it relates; and

(d)specify control measures that may be required to reduce the risk to public health.

(3)The control measures may include—

(a)the abatement of any conditions on premises conducive to any of the following—

(i)harbouring a disease vector;

(ii)breeding of a disease vector;

(iii)food sources for a disease vector;

(iv)transmission of an infectious disease to humans by a disease vector; and

(b)the elimination or eradication of disease vectors on premises.

(4)The Chief Health Officer may issue a notice revoking a disease vector control notice if the Chief Health Officer is satisfied the material risk to public health addressed by the notice has ceased.

(5)A disease vector control notice ceases to have effect when it is revoked or at the end of 6 months after it is made, whichever is earlier.

(6)The Chief Health Officer must give a copy of the notice to the Secretary and the Council of each municipal district to which it relates.

20Direction by authorised officer appointed by Council

(1)This regulation applies if the Chief Health Officer has issued a disease vector control notice in relation to a municipal district.

(2)An authorised officer appointed by the Council may give a direction under subregulation (3) to an owner or occupier of premises in the municipal district if the authorised officer believes on reasonable grounds that any of the control measures specified in the disease vector control notice are required to reduce the risk to public health identified in the disease vector notice.

(3)The authorised officer may direct an owner or occupier of premises to do all or any of the following—

(a)abate any conditions on premises conducive to any of the following—

(i)harbouring the disease vector;

(ii)breeding of the disease vector;

(iii)food sources for the disease vector;

(iv)transmission of an infectious disease to humans by the disease vector;

(b)take the steps specified in the direction to eliminate or eradicate the disease vector on the premises.

(4)A direction may be given by an authorised officer either orally or in writing.

(5)If an authorised officer gives a direction orally, it must be confirmed in writing as soon as reasonably practicable.

(6)A person to whom a direction is given under subregulation (3) must comply with the direction.

Penalty:20 penalty units.

21Direction by any other authorised officer

(1)This regulation applies if the Chief Health Officer has issued a disease vector control notice in relation to a municipal district.

(2)An authorised officer, other than an authorised officer appointed by the Council, may give a direction under subregulation (3) to an owner or occupier of premises in the municipal district if the authorised officer believes on reasonable grounds that any of the control measures specified in the disease vector control notice are required to reduce the risk to public health identified in the disease vector notice.

(3)The authorised officer may direct an owner or occupier of premises to do all or any of the following—

(a)abate any conditions on premises conducive to any of the following—

(i)harbouring the disease vector;

(ii)breeding of the disease vector;

(iii)food sources for the disease vector;

(iv)transmission of an infectious disease to humans by the disease vector;

(b)take the steps specified in the direction to eliminate or eradicate the disease vector on the premises.

(4)A direction may be given by an authorised officer either orally or in writing.

(5)If an authorised officer gives a direction orally, it must be confirmed in writing as soon as reasonably practicable.

(6)A person to whom a direction is given under subregulation (3) must comply with the direction.

Penalty:20 penalty units.

PART 5—REGISTRATION OF CERTAIN BUSINESS PREMISES

Division 1—Preliminary

22Purpose

The purpose of this Part is to provide for the registration of premises (other than prescribed accommodation) for the purposes of Divisions 3 and 4 of Part 6 of the Act.

23Prescribed business

For the purposes of section 68(f) of the Act, the business of operating a category 1 aquatic facility is a prescribed business.

24Exempt businesses

(1)For the purposes of section 69(2) of the Act, the following businesses and classes of businesses are prescribed to be exempt—

(a)the practice of—

(i)a person registered in the acupuncturists' division of the register kept by the Chinese Medicine Board of Australia under the Health Practitioner Regulation National Law; or

(ii)a registered health practitioner whose registration is endorsed by a National Board as being qualified to practise as an acupuncturist under the Health Practitioner Regulation National Law;

(b)the practice of a person registered under the Health Practitioner Regulation National Law to practise in the chiropractic profession (other than as a student);

(c)the practice of a person registered under the Health Practitioner Regulation National Law—

(i)to practise in the dental profession as a dentist (other than as a student); and

(ii)in the dentists division of that profession;

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

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

(f)the practice of a person registered under the Health Practitioner Regulation National Law to practise in the osteopathy profession (other than as a student);

(g)the practice of a person registered under the Health Practitioner Regulation National Law to practise in the physiotherapy profession (other than as a student);

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

(i)the practice of a person registered under the Health Practitioner Regulation National Law to practise in the podiatry profession (other than as a student);

(j)the business of a collection centre for which approval has been granted under section 23DNBA of the Health Insurance Act 1973 of the Commonwealth;

(k)the business of a service where 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 and that is not primarily a pathology service;

(l)the business of a mobile hairdresser, except in relation to the principal place of business of the hairdresser;

(m)the business of a mobile beauty therapist, except in relation to the principal place of business of the mobile beauty therapist;

(n)the business of a mobile cosmetic application service, provided the service does not involve skin penetration or tattooing, except in relation to the principal place of business of the mobile cosmetic application service;

(o)the business of a public hospital, denominational hospital, private hospital, privately-operated hospital, public health service, day procedure centre, multi purpose service or registered community health centre, within the meaning of section 3(1) of the Health Services Act 1988.

(2)Subregulation (1)(o) does not apply to the extent that the business relates to the operation of a category 1 aquatic facility.

Division 2—Registered premises other than premises of category 1 aquatic facilities

25Application of Division

This Division applies to the registration of premises and registered premises under Divisions 3 and 4 of Part 6 of the Act other than the premises on which category 1 aquatic facilities are located.

26Applications for issue of registration of premises

For the purpose of section 71(c) of the Act, the prescribed particulars for an application for the issue of a registration of premises to which this Division applies are—

(a)the date of the application; and

(b)the name and address of the proprietor; and

(c)the business name (if any) of the proprietor; and

(d)the class or classes of business to be conducted at the premises; and

(e)the address of the premises.

27Applications for transfer of registration of premises

For the purpose of section 71(c) of the Act, the prescribed particulars for an application for the transfer of registration of premises to which this Division applies are—

(a)the date of the application; and

(b)the name and address of the proprietor; and

(c)the business name (if any) of the proprietor; and

(d)the class or classes of business conducted at the premises; and

(e)the address of the premises; and

(f)the date of registration; and

(g)the registration number; and

(h)any conditions on the registration; and

(i)the name and address of the person to whom the registration is to be transferred.

28Applications for renewal of registration of premises

For the purpose of section 71(c) of the Act, the prescribed particulars for an application for the renewal of registration of premises to which this Division applies are—

(a)the date of the application; and

(b)the name and address of the proprietor; and

(c)the business name (if any) of the proprietor; and

(d)the class or classes of business conducted at the premises; and

(e)the address of the premises; and

(f)the date of registration; and

(g)the registration number; and

(h)details of any renewals of registration; and

(i)any conditions on the registration.

29Condition of registered premises

The proprietor or occupier of premises where a registered premises is located must ensure that the premises are kept in a clean, sanitary and hygienic condition.

Penalty:20 penalty units.

30Condition of skin penetrating equipment intended to be used at registered premises

The proprietor or occupier of premises where a registered premises is located must ensure that an article intended to be used for penetrating the skin of a person is sterile at the time of use.

Penalty:20 penalty units.

31Condition of skin penetrating equipment after use at registered premises

(1)The proprietor or occupier of premises where a registered premises is located must ensure that an article that has penetrated the skin of a person or is contaminated with blood is—

(a)destroyed or disposed of as soon as practicable in a manner that prevents the infection of any other person; or

(b)sterilised in accordance with subregulation (2) before it is used on any other person.

Penalty:20 penalty units.

(2)An article is sterilised for the purposes of subregulation (1)(b) if the article has been—

(a)thoroughly cleaned and rinsed, then sterilised by the use of steam under pressure—

(i)at 121°C for 15 minutes at a pressure of 103 kilopascals; or

(ii)at 126°C for 10 minutes at a pressure of 138 kilopascals; or

(iii)at 132°C for 4 minutes at a pressure of 186 kilopascals; or

(iv)at 134°C for 3 minutes at a pressure of 203 kilopascals; or

(b)thoroughly cleaned and rinsed, then sterilised by the use of dry heat—

(i)at 160°C for a minimum of 120 minutes; or

(ii)at 180°C for a minimum of 60 minutes; or

(c)taken from a sealed container that bears a label stating that the contents are sterile.

32Condition of other articles used at registered premises

The proprietor or occupier of premises where a registered premises is located must ensure that an article is clean before it is used on a person.

Penalty:20 penalty units.

33Personal service hygiene at registered premises

The proprietor or occupier of premises where a registered premises is located must ensure that, before a personal service is carried out on another person, each person who will carry out the personal service—

(a)is in a clean condition, including their hands; and

(b)has no exposed cuts, abrasions or wounds; and

(c)uses drinking water, if water is to be used to carry out the personal service.

Penalty:20 penalty units.

34Hand washing facilities at registered premises

The proprietor or occupier of premises where a registered premises is located must ensure that accessible hand washing facilities are available for use by staff.

Penalty:20 penalty units.

35Information to be provided to clients—tattooing, ear piercing, body piercing and other skin penetration processes

(1)This regulation applies to registered premises where a business is conducted that provides tattooing, ear piercing, body piercing or any other process involving skin penetration.

(2)The proprietor or occupier of premises where a registered premises is located must ensure that, before the process is carried out on another person, written information in the form approved by the Secretary for the class of business registered for the premises is provided directly to the person about the risks and safeguards associated with the process.

Penalty:20 penalty units.

(3)The Secretary may approve forms for the purposes of subregulation (2).

(4)The Secretary must publish the forms approved under subregulation (3) in the Government Gazette.

36Information to be kept—premises that conduct tattooing, body piercing or other skin penetration process

(1)The proprietor or occupier of registered premises where a business is conducted that provides tattooing, body piercing or any other process involving skin penetration must ensure that the name, address and telephone number of each client is recorded and stored at the registered premises for a period of 12 months following the date of the last tattooing or body piercing or skin penetration procedure on the client at the premises.

Penalty:20 penalty units.

(2)This regulation does not apply to—

(a)ear piercing; or

(b)dry needling.

37Advertising and registered premises

A proprietor or occupier of premises where a registered premises is located must not state or permit to be stated in any advertisement, notice or sign issued or put up in relation to the business conducted on those premises, that the premises were registered or approved for any class of business other than that set out on the certificate of registration.

Penalty:20 penalty units.

38Notice to be displayed at registered premises

(1)A proprietor or occupier of premises where a registered premises is located must ensure that a notice in the form approved by the Secretary about the scope of registration for the class of business registered for the premises is displayed in a prominent position in the entry to the business conducted on those premises.

Penalty:10 penalty units.

(2)The Secretary may approve forms for the purposes of subregulation (1).

(3)The Secretary must publish the forms approved under subregulation (2) in the Government Gazette.

39Prescribed condition of registration

For the purposes of section 75(1)(c) of the Act, it is a prescribed condition on the registration of all premises required to be registered under section 69 of the Act on which a business involving tattooing or body piercing or other form of skin penetration is conducted, that a person required to keep records under regulation 36 must take reasonable steps to protect the information in the records.

Division 3—Aquatic facilities

Subdivision 1—Registration of category 1 aquatic facilities

40Application of Division

This Division applies to the registration of premises and registered premises under Divisions 3 and 4 of Part 6 of the Act in which category 1 aquatic facilities are located.

41Applications for issue of registration of premises

For the purpose of section 71(c) of the Act, the prescribed particulars for an application for the issue of a registration of premises to which this Division applies are—

(a)the date of the application; and

(b)the name and address of the aquatic facility operator; and

(c)the business name (if any) of the proprietor; and

(d)the address of the premises; and

(e)the number of aquatic facilities located at the premises; and

(f)a description of each aquatic facility located at the premises; and

(g)a statement as to whether a current water quality risk management plan exists for each aquatic facility located at the premises.

42Applications for transfer of registration of premises

For the purpose of section 71(c) of the Act, the prescribed particulars for an application for the transfer of registration of premises to which this Division applies are—

(a)the date of the application; and

(b)the name and address of the aquatic facility operator; and

(c)the business name (if any) of the proprietor; and

(d)the address of the premises; and

(e)the date of registration; and

(f)the registration number; and

(g)any conditions on the registration; and

(h)the name and address of the person to whom the registration is to be transferred; and

(i)the number of aquatic facilities located at the premises; and

(j)a description of each aquatic facility located at the premises; and

(k)a statement as to whether a current water quality risk management plan exists for each aquatic facility located at the premises.

43Applications for renewal of registration of premises

For the purpose of section 71(c) of the Act, the prescribed particulars for an application for the renewal of registration of premises to which this Division applies are—

(a)the date of the application; and

(b)the name and address of the aquatic facility operator; and

(c)the business name (if any) of the proprietor; and

(d)the address of the premises; and

(e)the date of registration; and

(f)the registration number; and

(g)details of any renewals of registration; and

(h)any conditions on the registration; and

(i)the number of aquatic facilities located at the premises; and

(j)a description of each aquatic facility located at the premises; and

(k)a statement as to whether a current water quality risk management plan exists for each aquatic facility located at the premises.

44Prescribed conditions of registration

For the purposes of section 75(1)(c) of the Act, it is a prescribed condition on the registration of premises in which category 1 aquatic facilities are located that the registration holder ensures that the standards and requirements for a category 1 aquatic facility set out in Subdivision 2 are complied with.

Subdivision 2—General duties of aquatic facility operator

45Purpose

The purpose of this Subdivision is to prescribe standards and requirements for the operation of—

(a)category 1 aquatic facilities; and

(b)category 2 aquatic facilities.

46Duty to minimise risks

An aquatic facility operator must manage the risks to human health arising from pathogenic micro-organisms in the water in the aquatic facility in accordance with these Regulations and the Water Quality Guidelines.

Penalty:20 penalty units.

47Duty to maintain and test

An aquatic facility operator must ensure that the water in the aquatic facility is maintained and tested in the manner set out in this Subdivision.

48Chemical testing

An aquatic facility operator must ensure that, immediately before the aquatic facility is in operation and while the facility is in operation, the water in the aquatic facility is tested as follows—

(a)at 4-hourly intervals for—

(i)free chlorine and total chlorine (if chlorine is used to treat the water); and

(ii)free bromine and total bromine (if bromine is used to treat the water); and

(iii)pH;

(b)at weekly intervals for total alkalinity;

(c)at monthly intervals for cyanuric acid (if cyanuric acid is used to treat the water).

Penalty:20 penalty units.

49Microbiological quality of aquatic facility water

An aquatic facility operator must ensure that while the facility is in operation the microbiological standard of the water in the aquatic facility is maintained within the following parameters—

(a)the heterotrophic colony count is less than 100 colony forming units per millilitre;

(b)Escherichia coli is not detected in 100 millilitres;

(c)Pseudomonas aeruginosa is not detected in 100 millilitres.

Penalty:20 penalty units.

50Condition of aquatic facilities

An aquatic facility operator must ensure that an aquatic facility is kept in a clean, sanitary and hygienic condition.

Penalty:20 penalty units.

51Clarity of aquatic facility water

An aquatic facility operator must ensure that the water in the aquatic facility is maintained in a clear condition so that the floor of the aquatic facility or any lane marking or object placed on the floor of the aquatic facility is clearly visible when viewed from any side of the aquatic facility.

Penalty:20 penalty units.

52Temperature

An aquatic facility operator must ensure that the water in the aquatic facility does not exceed 40 degrees Celsius.

Penalty:20 penalty units.

53Filtering

An aquatic facility operator must ensure that the water in the aquatic facility is filtered so that all visible extraneous matter is removed from the water.

Penalty:20 penalty units.

54Treatment of aquatic facility water

(1)An aquatic facility operator of an aquatic facility specified in subregulation (7) or an aquatic facility that is a spa pool must treat the aquatic facility with a chlorine based disinfectant or a bromine based disinfectant.

Penalty:20 penalty units.

(2)If an aquatic facility specified in subregulation (7) is treated with a chlorine based disinfectant and cyanuric acid is not used in the water, the aquatic facility operator must ensure that the water in the facility—

(a)contains a minimum of 1 mg per litre of free chlorine; and

(b)contains a maximum of 10 mg per litre of total chlorine; and

(c)has a pH between 7·2 and 7·8.

Penalty:20 penalty units.

(3)If an aquatic facility specified in subregulation (7) is treated with a chlorine based disinfectant and cyanuric acid is used in the water, the aquatic facility operator must ensure that the water in the facility—

(a)contains a minimum of 2 mg per litre of free chlorine; and

(b)contains a maximum of 10 mg per litre of total chlorine; and

(c)has a pH between 7·2 and 7·8.

Penalty:20 penalty units.

(4)An aquatic facility operator of an aquatic facility that is a spa pool which is treated with a chlorine based disinfectant must ensure that the water in the facility—

(a)contains a minimum of 3 mg per litre of free chlorine; and

(b)contains a maximum of 10 mg per litre of total chlorine; and

(c)has a pH between 7·2 and 7·8.

Penalty:20 penalty units.

(5)An aquatic facility operator of an aquatic facility specified in subregulation (7) which is treated with a bromine based disinfectant must ensure that the water in the facility—

(a)contains a minimum of 2 mg per litre of free bromine; and

(b)contains a maximum of 8 mg per litre of total bromine; and

(c)has a pH between 7·2 and 8·0.

Penalty:20 penalty units.

(6)An aquatic facility operator of an aquatic facility that is a spa pool which is treated with a bromine based disinfectant must ensure that the water in the facility—

(a)contains a minimum of 6 mg per litre of free bromine; and

(b)contains a maximum of 8 mg per litre of total bromine; and

(c)has a pH between 7·2 and 8·0.

Penalty:20 penalty units.

(7)For the purposes of subregulations (1), (2), (3) and (5) the aquatic facilities are—

(a)a swimming pool; or

(b)an interactive water feature.

55Cyanuric acid level

(1)This regulation applies if cyanuric acid is used to treat the water in an aquatic facility.

(2)The aquatic facility operator must ensure that the level of cyanuric acid in the water in the aquatic facility does not exceed 100 mg/L.

Penalty:20 penalty units.

56Total alkalinity level

An aquatic facility operator must ensure that the total alkalinity level in the water in the aquatic facility is maintained above 60 mg/L.

Penalty:20 penalty units.

57Combined chlorine

An aquatic facility operator must ensure that the combined chlorine of the water in the aquatic facility is—

(a)at all times less than the free chlorine residual; and

(b)measured to be less than 1 mg/L at least once in every 24 hours period.

Penalty:20 penalty units.

58Aquatic facility that is suspected or implicated as the source of infection

(1)The Secretary or an authorised officer must provide written notice to an aquatic facility operator if the water in the aquatic facility is suspected or implicated as the source of infection in a case or outbreak of a pathogenic micro-organism.

(2)The aquatic facility operator must ensure that a sample of water from the aquatic facility is taken and tested in accordance with any directions specified in a notice provided under subregulation (1).

Penalty:20 penalty units.

(3)The aquatic facility operator of an aquatic facility that is suspected or implicated as the source of infection in a case or outbreak of a pathogenic micro-organism must ensure that the aquatic facility is treated in accordance with any reasonable directions given by the Secretary or an authorised officer.

Penalty:20 penalty units.

59Procedure for responding to non-compliance with microbiological parameters

(1)This regulation applies if an aquatic facility operator is notified by an initial laboratory report that any sample of water taken from the aquatic facility does not comply with the microbiological parameters set out in regulation 49.

(2)Within 24 hours of receiving a notification, the aquatic facility operator must ensure that the following procedure is implemented—

(a)corrective action is taken to bring the water quality within the microbiological parameters set out in regulation 49;

(b)any water quality risk management plan required under the Water Quality Guidelines that is in place for the aquatic facility is reviewed;

(c)any faults are corrected;

(d)any changes necessary to prevent a re‑occurrence of those faults is implemented.

Penalty:20 penalty units.

(3)Within 48 hours of receiving a notification, the aquatic facility operator must ensure that a further sample of water is taken from the aquatic facility and provided to a laboratory to assess compliance with the microbiological parameters set out in regulation 49.

Penalty:20 penalty units.

(4)Within 24 hours of receiving a report from a laboratory with the results of the testing undertaken in accordance with subregulation (3), the aquatic facility operator must notify the Council of the test results.

Penalty:20 penalty units.

(5)If a laboratory has tested a further sample of water in accordance with subregulation (3) and reports that the sample of water does not meet the microbiological parameters set out in regulation 49, the aquatic facility operator must ensure that the steps set out in subregulations (2) to (4) are repeated within 24 hours of receiving the laboratory report.

Penalty:20 penalty units.

(6)If a laboratory has tested a further sample of water in accordance with subregulation (5) and reports that the sample of water does not meet the microbiological parameters set out in regulation 49, the aquatic facility operator must ensure the aquatic facility is closed and not operated until the water in the aquatic facility complies with the microbiological parameters set out in regulation 49.

Penalty:20 penalty units.

(7)Within 24 hours of closing the aquatic facility, the aquatic facility operator must notify the Council in writing of the closure.

Penalty:10 penalty units.

60Offence to tamper with sample of aquatic facility water

A person must not tamper with a sample of water that is taken from an aquatic facility and provided to a laboratory for testing under regulation 58 or 59.

Penalty:20 penalty units.

61Requirement to keep aquatic facility records

(1)An aquatic facility operator must ensure that the following written records are kept in respect of an aquatic facility—

(a)details of all results of tests and monitoring required under this Division;

(b)all corrective activities undertaken in relation to the water in the aquatic facility.

Penalty:20 penalty units.

(2)An aquatic facility operator must keep each written record referred to in subregulation (1) for 12 months from the date the record was made.

Note

It is an offence under section 210(1) of the Act to give false or misleading information or produce a document that is false or misleading to the Secretary or an authorised officer.

PART 6—REGULATORY PROVISIONS ADMINISTERED BY THE SECRETARY

Division 1—Cooling tower systems

62Meaning of responsible person

In this Division, responsible person means a person who owns, manages or controls a cooling tower system.

63Obligations to maintain and test cooling tower systems

(1)A responsible person must ensure that a cooling tower system is maintained and tested in the manner set out in this Division.

(2)The maintenance and testing obligations set out in this Division do not apply to a cooling tower system that is shut down or otherwise not in use.

64Applications to register or renew registration of a cooling tower system—prescribed fees

For the purposes of section 81(2)(b)(ii) of the Act, the prescribed fee for an application to register or renew the registration of a cooling tower system is the amount calculated by multiplying the number of cooling towers in the cooling tower system by the number of fee units applicable for each period of registration—

(a)one year, 7·5 fee units; or

(b)2 years, 14 fee units; or

(c)3 years, 20·5 fee units.

65Secretary may waive fees for registration or renewal of registration of a cooling tower system

For the purposes of synchronising periods of registration, the Secretary may waive the fee or part of a fee for an application to register or renew registration of a cooling tower system.

66Risks to be addressed in cooling tower system risk management plans

For the purposes of section 91(2)(a) of the Act, risk management plans for cooling tower systems must address the risks associated with—

(a)stagnant water, including the lack of water recirculation in a cooling tower system and the presence of dead-end pipework and other fittings in a cooling tower system; and

(b)the presence of nutrients and microbial growth, including—

(i)the presence of biofilm, algae or protozoa in a cooling tower system; and

(ii)water temperature within a range that will support rapid growth of micro-organisms in a cooling tower system; and

(iii)the exposure of the water in a cooling tower system to direct sunlight; and

(c)poor water quality, including the presence of solids, Legionella and high levels of other micro-organisms in a cooling tower system; and

(d)deficiencies in a cooling tower system, including deficiencies in the physical design, condition or maintenance of the system; and

(e)the location of, and access to, a cooling tower or cooling tower system, including the potential for environmental contamination of the system and the potential for people to be exposed to the aerosols of the system; and

(f)any matters included in a report provided to the owner of the land for the purposes of section 92(2)(c) of the Act.

67Documents to be inspected in conducting cooling tower system risk management plan audits

The documents prescribed for the purposes of section 93(4) of the Act are—

(a)the risk management plan prepared in accordance with Division 1 of Part 7 of the Act; and

(b)records of all repair, maintenance and testing work carried out on the cooling tower system within the period to be audited by the auditor.

68Treatment of cooling tower system water

A responsible person must ensure that the recirculating water in a cooling tower system is continuously treated with—

(a)one or more biocides to effectively control the growth of micro-organisms, including Legionella; and

(b)chemicals or other agents to minimise scale formation, corrosion and fouling; and

(c)a bio-dispersant.

Penalty:20 penalty units.

69Disinfection, cleaning and re-disinfection of cooling tower system

Immediately prior to a cooling tower system being put into operation for the first time, or following any shut down period of greater than one month and at intervals not exceeding 6 months, a responsible person must ensure that—

(a)a chlorine-compatible bio-dispersant is added to the recirculating water; and

(b)the recirculating water is disinfected; and

(c)the interior of each cooling tower in the cooling tower system is cleaned; and

(d)the recirculating water is re-disinfected.

Penalty:20 penalty units.

70Routine service and testing obligations

(1)A responsible person must ensure that a cooling tower system is serviced at least once each month to determine whether the cooling tower system is operating without defects.

Penalty:20 penalty units.

(2)A responsible person must ensure that at least once each month a sample of recirculating water is taken and provided to a laboratory to determine the heterotrophic colony count of the recirculating water.

Penalty:20 penalty units.

(3)A responsible person must ensure that at least once every 3 months a sample of recirculating water is taken and provided to a laboratory to test for Legionella.

Penalty:20 penalty units.

71Procedure for responding to detection of high heterotrophic colony count

(1)This regulation applies if—

(a)a responsible person is notified by an initial laboratory report or the Secretary that the heterotrophic colony count of a sample of recirculating water taken from a cooling tower system exceeds 200 000 colony forming units per millilitre; and

(b)the recirculating water has not been manually treated with additional quantities of biocide or with an alternative biocide during the period between the sample being taken and the notification.

(2)Within 24 hours of receiving a notification, the responsible person must ensure that the following procedure is implemented—

(a)the recirculating water is treated with additional quantities of biocide or with an alternative biocide;

(b)the water treatment program, tower operation and maintenance program of the cooling tower system are reviewed;

(c)any faults are corrected;

(d)any changes necessary to prevent a re‑occurrence of those faults are implemented.

Penalty:20 penalty units.

(3)Between 2 and 7 days after receiving a notification, the responsible person must ensure that a further sample of the recirculating water is taken and provided to a laboratory to determine the heterotrophic colony count of the recirculating water.

Penalty:20 penalty units.

(4)Within 24 hours of receiving a report from a laboratory that a sample taken in accordance with subregulation (3) has a heterotrophic colony count exceeding 200 000 colony forming units per millilitre, the responsible person must ensure that the recirculating water is disinfected.

Penalty:20 penalty units.

(5)Between 2 and 7 days after the recirculating water has been disinfected in accordance with subregulation (4), the responsible person must ensure that a further sample of the recirculating water is taken and provided to a laboratory to determine the heterotrophic colony count of the recirculating water.

Penalty:20 penalty units.

(6)If a laboratory has tested a further sample of recirculating water in accordance with subregulation (5) and reports that the heterotrophic colony count of the sample still exceeds 200 000 colony forming units per millilitre, the responsible person must—

(a)ensure that the disinfection and testing procedures set out in subregulations (4) and (5) are repeated until the heterotrophic colony count of the recirculating water does not exceed 200 000 colony forming units per millilitre in 2 consecutive recirculating water samples taken approximately one week apart; or

(b)shut down the cooling tower system until the problem has been remedied.

Penalty:20 penalty units.

72Alternate procedure for responding to detection of high heterotrophic colony count

(1)This regulation applies if—

(a)a responsible person is notified by an initial laboratory report or the Secretary that the heterotrophic colony count of a sample of recirculating water taken from a cooling tower system exceeds 200 000 colony forming units per millilitre; and

(b)the recirculating water has been manually treated with additional quantities of biocide or with an alternative biocide during the period between the sample being taken and the notification.

(2)Within 72 hours of receiving a notification, the responsible person must ensure that—

(a)the water treatment program, tower operation and maintenance program of the cooling tower system are reviewed; and

(b)any faults are corrected; and

(c)any changes necessary to prevent a re-occurrence of those faults are implemented.

Penalty:20 penalty units.

(3)Within 7 days of receiving a notification, the responsible person must ensure that a further sample of the recirculating water is taken and provided to a laboratory to determine the heterotrophic colony count of the recirculating water.

Penalty:20 penalty units.

(4)Within 24 hours of receiving a report from a laboratory that a sample taken in accordance with subregulation (3) has a heterotrophic colony count exceeding 200 000 colony forming units per millilitre, the responsible person must ensure that the recirculating water is disinfected.

Penalty:20 penalty units.

(5)Between 2 and 7 days after the recirculating water has been disinfected in accordance with subregulation (4), the responsible person must ensure that a further sample of the recirculating water is taken and provided to a laboratory to determine the heterotrophic colony count of the recirculating water.

Penalty:20 penalty units.

(6)If a laboratory has tested a further sample of recirculating water in accordance with subregulation (5) and reports that the heterotrophic colony count of the sample still exceeds 200 000 colony forming units per millilitre, the responsible person must—

(a)ensure that the disinfection and testing procedures set out in subregulations (4) and (5) are repeated until the heterotrophic colony count of the recirculating water does not exceed 200 000 colony forming units per millilitre in 2 consecutive recirculating water samples taken approximately one week apart; or

(b)shut down the cooling tower system until the problem has been remedied.

Penalty:20 penalty units.

73Procedure for responding to detection of Legionella

(1)This regulation applies if a responsible person is notified by an initial laboratory report or the Secretary that Legionella has been detected in a sample of recirculating water taken from a cooling tower system.

(2)Within 24 hours of receiving a notification, the responsible person must ensure that—

(a)the recirculating water is disinfected; and

(b)the water treatment program, tower operation and maintenance program of the cooling tower system are reviewed; and

(c)any faults are corrected; and

(d)any changes necessary to prevent a re-occurrence of those faults are implemented.

Penalty:20 penalty units.

(3)Between 2 and 7 days after receiving a notification, the responsible person must ensure that a further sample of the recirculating water is taken and provided to a laboratory to test for Legionella.

Penalty:20 penalty units.

(4)Within 24 hours of receiving a report from a laboratory that Legionella has been detected in a sample taken in accordance with subregulation (3), the responsible person must ensure that the recirculating water is disinfected, the interior of each cooling tower in the cooling tower system is cleaned and the recirculating water is re-disinfected.

Penalty:20 penalty units.

(5)Between 2 and 7 days after the disinfection required by subregulation (4) has been completed, the responsible person must ensure that a further sample of the recirculating water is taken and provided to a laboratory to test for Legionella.

Penalty:20 penalty units.

(6)If a laboratory has tested a further sample of recirculating water in accordance with subregulation (5) and reports that Legionella has still been detected, the responsible person must—

(a)ensure that the disinfection and testing procedures set out in subregulations (4) and (5) are repeated until Legionella is not detected in 2 consecutive recirculating water samples taken approximately one week apart; or

(b)shut down the cooling tower system until the problem has been remedied.

Penalty:20 penalty units.

74Requirement to report detections of high concentrations of Legionella to the Secretary

(1)If a laboratory has tested a sample of recirculating water in accordance with this Division and reports that the sample contains more than 1000 colony forming units per millilitre of Legionella, upon receiving the laboratory report the responsible person must notify the Secretary of the detection within 24 hours.

Penalty:20 penalty units.

(2)The Secretary may approve a form of notification for the purposes of subregulation (1).

(3)The Secretary must publish the form approved under subregulation (2) in the Government Gazette.

75Requirement to report 3 consecutive detections of Legionella to the Secretary

(1)If a laboratory has tested samples of recirculating water in accordance with this Division and reported that Legionella has been detected in 3 consecutive samples, upon receiving the third laboratory report, the responsible person must notify the Secretary of the detections within 24 hours.

Penalty:20 penalty units.

(2)The Secretary may approve a form of notification for the purposes of subregulation (1).

(3)The Secretary must publish the form approved under subregulation (2) in the Government Gazette.

76Response to notification that cooling tower system is suspected or implicated as a source of infection

If the Secretary has notified a responsible person that a cooling tower system is suspected or implicated as the source of infection in a case or outbreak of Legionellosis, the responsible person must ensure that—

(a)a sample of recirculating water is promptly taken and provided to a laboratory to test for Legionella; and

(b)the cooling tower system is decontaminated in accordance with any reasonable directions given by the Secretary to the responsible person.

Penalty:20 penalty units.

77Offence to tamper with sample of recirculating water

A person must not tamper with a sample of recirculating water that is taken and provided to a laboratory for testing in accordance with this Division.

Penalty:20 penalty units.

78Offence to falsify laboratory report

A person must not falsify a laboratory report for any test undertaken in accordance with this Division.

Penalty:20 penalty units.

79Requirement to keep records

(1)A responsible person must ensure that the following written records are kept in respect of a cooling tower system—

(a)details of all maintenance and corrective activities undertaken in relation to the cooling tower system during the preceding 12 months;

(b)laboratory reports for all tests undertaken in accordance with this Division during the preceding 12 months.

Penalty:20 penalty units.

(2)A responsible person must produce the records referred to in subregulation (1) for inspection upon the request of an authorised officer.

Penalty:20 penalty units.

Note

It is an offence under section 210(1) of the Act to give false or misleading information or produce a document that is false or misleading to the Secretary or an authorised officer.

Division 2—Legionella risks in certain premises

80Meaning of responsible person

In this Division, responsible person means a person who owns, manages or controls a water delivery system located at premises specified in regulation 81.

81Application of this Division

This Division applies to premises—

(a)where residential aged care services are provided; and

(b)where health services are provided (but does not include health services provided at a day procedure centre); and

(c)that are prisons; and

(d)where inpatient forensic mental health services are provided by the Victorian Institute of Forensic Mental Health; and

(e)where commercial vehicle washes are operated.

82Obligation to manage Legionella risks

A responsible person must take all reasonable steps to manage the risks of Legionella in any water delivery system located at premises specified in regulation 81.

Penalty:20 penalty units.

83Water delivery system suspected or implicated as the source of infection

If the Secretary has informed a responsible person that a water delivery system is suspected or implicated as the source of infection in a case or an outbreak of Legionellosis, the responsible person must ensure that—

(a)a sample of water is promptly taken from the water delivery system and provided to a laboratory to test for Legionella; and

(b)the water delivery system is disinfected in accordance with any reasonable directions given by the Secretary to the responsible person.

Penalty:20 penalty units.

84Offence to tamper with water sample

A person must not tamper with a sample of water that is taken and provided to a laboratory for testing in accordance with this Division.

Penalty:20 penalty units.

85Offence to falsify laboratory report

A person must not falsify a laboratory report for any test undertaken in accordance with this Division.

Penalty:20 penalty units.

Division 3—Pest control

86Pest control licence fees

(1)Unless subregulation (3) applies, the licence fee for licences issued or renewed under section 101(2) of the Act is 15 fee units for each year for which the licence is issued or renewed.

(2)The licence fee for licences issued or renewed under section 101(3) of the Act is 15 fee units.

(3)A licence fee of 5 fee units is payable for a licence issued or renewed under section 101(2) of the Act to a person who—

(a)usually resides in another State or Territory; and

(b)holds a valid licence as an authorised user of pesticides in that State or Territory; and

(c)has applied for a licence to use pesticides in Victoria that are the same or similar in all respects to the pesticides that are authorised for use under the licence.

87Qualifications for pest control licences

(1)For the purposes of section 101(2)(b) of the Act, the prescribed qualifications for a pest control licence of a kind set out in Column 1 of the Table in Schedule 1 are the successful completion of each unit of competency set out in Column 2 of that Table in relation to that kind of licence.

(2)It is sufficient compliance with a requirement under subregulation (1) for a person to successfully complete a unit of competency if—

(a)the person holds a certificate of recognition of current competencies or prior learning in relation to the competencies assessed under the unit of competency issued by—

(i)an organisation registered on the State Register within the meaning of section 1.1.3(1) of the Education and Training Reform Act 2006 at the time the certificate was issued; or

(ii)a training organisation registered under section 17 of the National Vocational Education and Training Regulator Act 2011 of the Commonwealth at the time the certificate was issued; or

(b)the person has completed an equivalent to each unit of competency set out in the Table in Schedule 1 in relation to that kind of licence.

(3)The Secretary may approve units of competency to be equivalent units of competency for the purposes of subregulation (2)(b).

(4)The Secretary must publish notice of the units of competency approved for the purposes of subregulation (3) in the Government Gazette.

88Training for supervised pest control licence holders

For the purposes of section 101(3)(b)(ii) of the Act, the prescribed units of competency in relation to a licence of a kind set out in Column 1 of the Table in Schedule 1 are the units of competency set out in Column 2 of that Table in relation to that kind of licence.

89Records

For the purposes of section 108 of the Act—

(a)the prescribed details are the details set out in Schedule 2; and

(b)the prescribed period is 3 years.

PART 7—MANAGEMENT AND CONTROL OF INFECTIOUS DISEASES, MICRO-ORGANISMS AND MEDICAL CONDITIONS

Division 1—Notifications

90Purpose of this Division

The purpose of this Division is to support the management and control of notifiable conditions and notifiable micro-organisms through—

(a)the urgent notification of those conditions and micro-organisms that pose a potential threat to public health and require an immediate response; and

(b)the timely notification of those conditions and micro-organisms that require monitoring, surveillance, investigation or intervention; and

(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.

91Notifiable conditions and micro-organisms

(1)For the purposes of the definition of notifiable condition in section 3(1) of the Act, the prescribed infectious diseases and the prescribed medical conditions are the infectious diseases and the medical conditions set out in Part 1 and Part 2 of Schedule 3, Part 1 and Part 2 of Schedule 4 and Part 1 of Schedule 4A.

(2)For the purposes of the definition of notifiable micro-organism in section 3(1) of the Act, the micro-organisms listed in Part 1 of Schedule 5 are prescribed as notifiable micro-organisms.

92Notification details

For the purposes of paragraph (a) of the definition of notification details in section 3(1) of the Act, the prescribed details are—

(a)for notification under section 127(2)(a) of the Act of a notifiable condition set out in Part 1 or Part 2 of Schedule 3, the details set out in Part 3 of that Schedule; or

(b)for notification under section 128(2)(a) of the Act of a notifiable condition set out in Part 1 or Part 2 of Schedule 4, the details set out in Part 3 of that Schedule; or

(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

(c)for a notification under section 130(2)(a) or (5)(a) of the Act of a notifiable micro-organism, the details set out in Part 2 of Schedule 5.

93Notification of notifiable conditions—registered medical practitioners

For the purposes of section 127(2)(a) of the Act—

(a)if a notifiable condition is set out in Part 1 of Schedule 3, the registered medical practitioner must notify the Secretary of the notification details by telephone as soon as practicable, and in any case, no later than within 24 hours; and

(b)if a notifiable condition is set out in Part 2 of Schedule 3, the registered medical practitioner must notify the Secretary of the notification details in writing within 5 business days.

94Notification 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.

95Notification of notifiable micro-organisms in food—laboratories and food premises

(1)For the purposes of section 130(2)(a) of the Act, the person in charge of the laboratory service must notify the Secretary of the notification details—

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

(b)in writing within one business day.

(2)For the purposes of section 130(5)(a) of the Act, the proprietor of food premises or a food vending machine must notify the Secretary of the notification details—

SCHEDULE 8—INFRINGEMENTS

Regulation 115

Table 1—Infringement offences in these Regulations

Column 1 Item	Column 2 Infringement offence	Column 3 Infringement penalty	Column 4 Concessional penalty (if any)
1	R. 16(5)	4 penalty units
2	R. 17(5)	4 penalty units
3	R. 20(6)	4 penalty units
4	R. 21(6)	4 penalty units
5	R. 29	4 penalty units
6	R. 30	4 penalty units
7	R. 31(1)	4 penalty units
8	R. 32	4 penalty units
9	R. 33	4 penalty units
10	R. 34	4 penalty units
11	R. 35(2)	4 penalty units
12	R. 36(1)	4 penalty units
13	R. 37	4 penalty units
14	R. 38(1)	2 penalty units
15	R. 48	4 penalty units
16	R. 49	4 penalty units
17	R. 50	4 penalty units
18	R. 51	4 penalty units
19	R. 52	4 penalty units
20	R. 53	4 penalty units
21	R. 54(1)	4 penalty units
22	R. 54(2)	4 penalty units
23	R. 54(3)	4 penalty units
24	R. 54(4)	4 penalty units
25	R. 54(5)	4 penalty units
26	R. 54(6)	4 penalty units
27	R. 55(2)	4 penalty units
28	R. 56	4 penalty units
29	R. 57	4 penalty units
30	R. 58(2)	4 penalty units
31	R. 58(3)	4 penalty units
32	R. 59(3)	4 penalty units
33	R. 59(4)	4 penalty units
34	R. 59(5)	4 penalty units
35	R. 59(6)	4 penalty units
36	R. 59(7)	2 penalty units
37	R. 61(1)	4 penalty units
38	R. 68	4 penalty units
39	R. 69	4 penalty units
40	R. 70(1)	4 penalty units
41	R. 70(2)	4 penalty units
42	R. 70(3)	4 penalty units
43	R. 71(3)	4 penalty units
44	R. 71(4)	4 penalty units
45	R. 71(5)	4 penalty units
46	R. 71(6)	4 penalty units
47	R. 72(3)	4 penalty units
48	R. 72(4)	4 penalty units
49	R. 72(5)	4 penalty units
50	R. 72(6)	4 penalty units
51	R. 73(3)	4 penalty units
52	R. 73(4)	4 penalty units
53	R. 73(5)	4 penalty units
54	R. 73(6)	4 penalty units
55	R. 74(1)	4 penalty units
56	R. 75(1)	4 penalty units
57	R. 76	4 penalty units
58	R. 79(1)	4 penalty units
59	R. 79(2)	4 penalty units
60	R. 83	4 penalty units
61	R. 100(2)	4 penalty units
61A	R. 100A	In the case of an adult, 10 penalty units In the case of a child of or above the age of 15 years, 4 penalty units In the case of a child under the age of 15 years, 1 penalty unit	In the case of an adult, 1 penalty unit
62	R. 111(1)	4 penalty units

Table 2—Infringement offences in the Act

Column 1 Item	Column 2 Infringement offence	Column 3 Infringement penalty	Column 4 Concessional penalty (if any)
63	S. 69(1)	In the case of a body corporate, 10 penalty units In the case of a natural person, 4 penalty units
64	S. 80	In the case of a body corporate, 24 penalty units In the case of a natural person, 10 penalty units
65	S. 87(2)	In the case of a body corporate, 10 penalty units In the case of a natural person, 2 penalty units
66	S. 95	4 penalty units
67	S. 99	4 penalty units
68	S. 108	In the case of a body corporate, 4 penalty units In the case of a natural person, 2 penalty units
69	S. 127(2)	4 penalty units
70	S. 128(2)	4 penalty units
71	S. 183	In the case of a child of or above the age of 15 years, 2 penalty units In the case of a child under the age of 15 years, 1 penalty unit In any other case, 5 penalty units
72	S. 188(2)	In the case of a body corporate, 30 penalty units In the case of an adult, 10 penalty units In the case of a child of or above the age of 15 years, 4 penalty units In the case of a child under the age of 15 years, 1 penalty unit	In the case of an adult, 1 penalty unit
73	S. 193(1)	In the case of a body corporate, 60 penalty units In the case of an adult, 10 penalty units In the case of a child of or above the age of 15 years, 4 penalty units In the case of a child under the age of 15 years, 1 penalty unit	In the case of an adult, 1 penalty unit
74	S. 203(1)	In the case of a body corporate, 60 penalty units In the case of an adult, 10 penalty units In the case of a child of or above the age of 15 years, 4 penalty units In the case of a child under the age of 15 years, 1 penalty unit	In the case of an adult— (a) if the offence is constituted by a contravention of directions given under section 200(1) of the Act by— (i)   failing to comply with a requirement in relation to a face covering—$50; or (ii)  refusing or failing to comply with a requirement to self-isolate or self-quarantine—2·5 penalty units; or (iii)  refusing or failing to comply with a requirement in relation to leaving a restricted area in Victoria without a reasonable excuse or other valid reason or excuse—2·5 penalty units; or (iv)  refusing or failing to comply with a requirement in relation to private or public gatherings in a restricted area in Victoria without a reasonable excuse or other valid reason or excuse—2·5 penalty units; or (v)  refusing or failing to comply with a requirement in relation to a person travelling from a restricted area (however described) and seeking to enter Victoria without a reasonable excuse or other valid reason or excuse—2·5 penalty units; or (b)  if the offence is not constituted by a contravention referred to in paragraph (a)—1 penalty unit
109	S. 165BN(1)	In the case of a body corporate, 30 penalty units In the case of an adult, 5 penalty units In the case of a child of or above the age of 15 years, 2 penalty units In the case of a child under the age of 15 years, 0·5 penalty units	In the case of an adult, 1 penalty unit
110	An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a face covering	In the case of an adult, $100 In the case of a child of or above the age of 15 years, $40 In the case of a child under the age of 15 years, $20	In the case of an adult, $50
111	An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a requirement to self-isolate or self-quarantine	In the case of an adult, 15 penalty units In the case of a child of or above the age of 15 years, 2·5 penalty units In the case of a child under the age of 15 years, 0·5 penalty units	In the case of an adult, 2·5 penalty units
112	An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a requirement restricting movement in a pandemic management area	In the case of a child of or above the age of 15 years, 2·5 penalty units In the case of a child under the age of 15 years, 0·5 penalty units In any other case, 15 penalty units	In the case of an adult, 2·5 penalty units
113		An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a requirement restricting movement in, into or from a restricted area (however described)	In the case of a child of or above the age of 15 years, 2·5 penalty units In the case of a child under the age of 15 years, 0·5 penalty units In any other case, 15 penalty units	In the case of an adult, 2·5 penalty units
114	An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a public or private gathering in a pandemic management area	In the case of a child of or above the age of 15 years, 2·5 penalty units In the case of a child under the age of 15 years, 0·5 penalty units In any other case, 15 penalty units	In the case of an adult, 2·5 penalty units
115	An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a requirement in relation to entering a pandemic management area	In the case of a child of or above the age of 15 years, 2·5 penalty units In the case of a child under the age of 15 years, 0·5 penalty units In any other case, 15 penalty units	In the case of an adult, 2·5 penalty units
116	An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a requirement to display a sign advising of a requirement to wear a face covering	In the case of a natural person, 3 penalty units In the case of a body corporate, 15 penalty units
117	An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a requirement to display density quotient signage	In the case of a natural person, 3 penalty units In the case of a body corporate, 15 penalty units
118	An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, by exceeding a density quotient (however described) or the permitted number of persons (however described) for a space by up to 50 per cent	In the case of a natural person, 3 penalty units In the case of a body corporate, 15 penalty units
119	An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, by exceeding a density quotient (however described) or the permitted number of persons (however described) for a space by between 50 per cent and 100 per cent	In the case of a natural person, 6 penalty units In the case of a body corporate, 30 penalty units
120	An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, by exceeding a density quotient (however described) or the permitted number of persons (however described) for a space by between 100 per cent and 250 per cent	In the case of a natural person, 12 penalty units In the case of a body corporate, 60 penalty units
121	An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, by exceeding a density quotient (however described) or the permitted number of persons (however described) for a space by more than 250 per cent	In the case of a natural person, 15 penalty units In the case of a body corporate, 75 penalty units
122	An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made	In the case of a natural person, 3 penalty units In the case of a body corporate, 15 penalty units
in the exercise of a pandemic management power, that relates to a requirement to keep records showing compliance with cleaning protocols
123	An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to cleaning requirements	In the case of a natural person, 3 penalty units In the case of a body corporate, 15 penalty units
124	An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a crib room requirement in relation to construction sites	In the case of a natural person, 6 penalty units In the case of a body corporate, 30 penalty units
125	An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a requirement for an employer to take reasonable steps to ensure a worker complies with face covering requirements when working at a work premises	In the case of a natural person, 6 penalty units In the case of a body corporate, 30 penalty units
126	An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a requirement to display Victorian Government QR code system signage at work premises to enable members of the public to record attendance at those work premises	In the case of a natural person, 6 penalty units In the case of a body corporate, 30 penalty units
127	An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a requirement to keep a record of persons who attend work premises	In the case of a natural person, 12 penalty units In the case of a body corporate, 60 penalty units
128	An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a requirement to use Service Victoria as the approved record keeping system	In the case of a natural person, 12 penalty units In the case of a body corporate, 60 penalty units
129	An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a requirement to request that all members of the public record their attendance at work premises	In the case of a natural person, 12 penalty units In the case of a body corporate, 60 penalty units
130	An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a requirement to have a COVID Marshal	In the case of a natural person, 12 penalty units In the case of a body corporate, 60 penalty units
131	An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a requirement in relation to the role of COVID Marshal	In the case of a natural person, 12 penalty units In the case of a body corporate, 60 penalty units
132	An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a requirement to have a COVIDSafe Plan in place	In the case of a natural person, 12 penalty units In the case of a body corporate, 60 penalty units
133	An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a	In the case of a natural person, 12 penalty units In the case of a body corporate, 60 penalty units
direction given or a requirement made in the exercise of a pandemic management power, that relates to a requirement to have a COVIDSafe Plan in place that meets all criteria for those plans
134	An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a requirement of a COVIDSafe Plan	In the case of a natural person, 12 penalty units In the case of a body corporate, 60 penalty units
135	An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a requirement for an employer to arrange operations at work premises so as to have workers consistently working with the same group of workers, if reasonably practicable	In the case of a natural person, 12 penalty units In the case of a body corporate, 60 penalty units
136	An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a requirement in relation to the operation of authorised work premises	In the case of a natural person, 15 penalty units In the case of a body corporate, 75 penalty units
137	An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a	In the case of a natural person, 15 penalty units In the case of a body corporate, 75 penalty units
pandemic management power, that relates to a requirement in relation to permitting persons to attend closed work premises
138	An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a requirement preventing a worker who lives in a restricted area (however described) from working at work premises outside of the restricted area (however described)	In the case of a natural person, 12 penalty units In the case of a body corporate, 60 penalty units
139	An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a requirement preventing a worker who lives outside of a restricted area (however described) from working at work premises in the restricted area (however described)	In the case of a natural person, 12 penalty units In the case of a body corporate, 60 penalty units
140	An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a requirement in relation to holding an exempt public event	In the case of a natural person, 15 penalty units In the case of a body corporate, 75 penalty units
141	An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management	In the case of a natural person, 15 penalty units In the case of a body corporate, 75 penalty units
power, that relates to a requirement for an employer to collect, record and maintain vaccination information of workers, if vaccination is mandatory
142	An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a requirement for an employer to take reasonable steps to prevent the entry to work premises of any unvaccinated worker, if vaccination is mandatory	In the case of a natural person, 15 penalty units In the case of a body corporate, 75 penalty units

SCHEDULE 9—TRANSITIONAL—APPROVED COURSES AND QUALIFICATIONS

Regulation 117(1)

In this Schedule—

registered education and training organisation has the same meaning as in the Education and Training Reform Act 2006.

Table

Column 1

A licence that only authorises the use of—

Column 2

Qualification

Pesticides (except fumigants) that have been formulated for the control of any pest, to control any pest except a pest animal.

Completion of at least one of—

Victoria

Certificate in Pest Control (conducted by Commercial Pest Training Services and TAFE Colleges in Victoria).

Statement of Attainment in Units 5, 6 and 18 of Certificate II in Asset Maintenance (Pest Management—Technical) issued by a registered education and training organisation.

Statement of Attainment in Units 5, 6 and 18 of Certificate III in Asset Maintenance (Pest Management—Technical) issued by a registered education and training organisation.

Certificate for recognition of current competencies or prior learning in pest control issued by a registered education and training organisation.

Pest Control Correspondence Course (conducted by Australian Environmental Pest Managers Association).

South Australia

South Australia Pest Control Certificate Course (conducted by Gilles Plains College of TAFE).

New South Wales

New South Wales Urban Pest Control Course (conducted by New South Wales Department of TAFE at Sydney, Ryde and Werrington Colleges).

New South Wales Urban Pest Control Correspondence Course (conducted by New South Wales Department of TAFE, Open Training and Education Network).

Western Australia

Western Australia Pesticide Safety, Pest Control Principles, and Pest Control Domestic and Commercial Courses (conducted by Bentley College of TAFE and Western Australia Department of TAFE Division of External Studies).

Northern Territory

Northern Territory Pest Control Operators Course (conducted by Northern Territory Institute of TAFE External Studies Centre) plus final unit of Victorian Certificate Course in Pest Control.

Queensland

Queensland Pest Control Course (conducted by Queensland Distance Education Centre) plus final unit of Victorian Certificate Course in Pest Control.

Urban Pest Control Course (conducted by Ithaca College of TAFE, Grovely Campus).

Pesticides—

   (i)  that have been formulated for the control of any pest animal; and

  (ii)  to protect an area or place in a building used for commercial purposes or domestic premises or privately owned land adjacent to domestic premises.

Completion of at least one of—

Victoria

Pest Animal Management Course (conducted by Victorian College of Agriculture and Horticulture and Victorian Colleges of TAFE).

Statement of Attainment in the Pest Animal Management Unit of the Diploma of Applied Science (Natural Resource Management) issued by a registered education and training organisation.

Statement of Attainment in Units RTD2101A, RTD2126A, RTD4403A and RTE3406A of Certificate III in Conservation and Land Management issued by a registered education and training organisation.

Certificate for recognition of current competencies or prior learning in pest animal control issued by a registered education and training organisation.

Pesticides that are in the form of fumigants.

Completion of at least one of—

Victoria

Methyl Bromide Fumigation Course (conducted by Victorian College of Agriculture and Horticulture and University of Melbourne).

Statement of Attainment in Unit 6 of Certificate II and Unit 11 of Certificate III in Asset Maintenance (Pest Management—Technical) issued by a registered education and training organisation.

Statement of Attainment in Unit 11 of Certificate III in Asset Maintenance (Pest Management—

Technical) issued by a registered education and training organisation on or after 1 January 2005.

Certificate for recognition of current competencies or prior learning in the use of fumigants in pest control issued by a registered education and training organisation.

Phosphine Fumigation Course conducted by The Grain Elevators Board, VicGrain or GrainCorp.

New South Wales

New South Wales Fumigation Course (conducted by New South Wales WorkCover Authority).

South Australia

South Australia Fumigation Course (conducted by Gilles Plains College of TAFE).

SCHEDULE 10—TRANSITIONAL—COURSES OF TRAINING AND UNITS OF COMPETENCY

Regulation 117(2)

Table

Column 1 A licence that only authorises the use of—	Column 2 Course of training	Column 3 Units of competency
Pesticides (except fumigants) that have been formulated for the control of any pest, to control any pest except a pest animal.	Certificate III in Asset Maintenance (Pest Management—Technical)	Units 5, 6 and 18 of Certificate III in Asset Maintenance (Pest Management––Technical)
Pesticides—    (i)  that have been formulated for the control of any pest animal; and   (ii)  to protect an area or place in a building used for commercial purposes or domestic premises or privately owned land adjacent to domestic premises.	Certificate III in Conservation and Land Management; or Pest Animal Management Course	Units RTD2101A, RTD2126A, RTD4403A and RTE3406A of Certificate III in Conservation and Land Management; or Units of competency related to pest animal management course
Pesticides that are in the form of fumigants.	Certificate III in Asset Maintenance (Pest Management—Technical)	Unit 11 of Certificate III in Asset Maintenance (Pest Management––Technical)

═════════════

ENDNOTES

1   General information

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

The Public Health and Wellbeing Regulations 2019, S.R. No. 135/2019 were made on 10 December 2019 by the Governor in Council under sections 232, 233, 234, 235, 236, 237, 238 and 239 of the Public Health and Wellbeing Act 2008, No. 46/2008 and came into operation as follows:

Regulations 1−22, 24(1), 25−39, 45−134 on 14 December 2019: regulation 3(1); regulations 23, 24(2), 40−44 on 14 December 2020: regulation 3(2).

The Public Health and Wellbeing Regulations 2019 will sunset 10 years after the day of making on 10 December 2029 (see section 5 of the Subordinate Legislation Act 1994).

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 regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

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

•     Headings

All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule.  Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms. 
See section 36(1A)(2A)(2B).

•     Examples, diagrams or notes

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

•     Punctuation

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

•     Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001.  Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule 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 a Statutory Rule 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 a Statutory Rule.  See section 36(3)(3D)(3E).

2   Table of Amendments

This publication incorporates amendments made to the Public Health and Wellbeing Regulations 2019 by statutory rules, subordinate instruments and Acts.

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Public Health and Wellbeing Regulations 2019, S.R. No. 135/2019

Date of Making:	10.12.19
Date of Commencement:	Reg. 133 on 14.12.19: reg. 3(1); reg. 123 inserted on 21.12.21 by S.R. No. 175/2021 reg. 4
Note:	Reg. 133 provided that Pt 10 (regs 120−134) expired on 14.12.20; reg. 123 revoked Pt 10 (regs 120–123) on 1.11.22

Public Health and Wellbeing Amendment (Coronavirus) Regulations 2020, S.R. No. 4/2020

Date of Making:	29.1.20
Date of Commencement:	29.1.20

Public Health and Wellbeing Amendment Regulations 2020, S.R. No. 5/2020

Date of Making:	4.2.20
Date of Commencement:	5.2.20: reg. 3

Public Health and Wellbeing Amendment (Infringements) Regulations 2020, S.R. No. 20/2020

Date of Making:	28.3.20
Date of Commencement:	28.3.20

Public Health and Wellbeing Amendment (Further Infringement Offences) Regulations 2020, S.R. No. 76/2020

Date of Making:	22.7.20
Date of Commencement:	22.7.20

Public Health and Wellbeing Further Amendment (Infringements) Regulations 2020, S.R. No. 79/2020

Date of Making:	4.8.20
Date of Commencement:	4.8.20

Public Health and Wellbeing Amendment (Compliance) Regulations 2020, S.R. No. 86/2020

Date of Making:	22.8.20
Date of Commencement:	22.8.20

Public Health and Wellbeing Amendment (Further Infringements) Regulations 2020, S.R. No. 93/2020

Date of Making:	16.9.20
Date of Commencement:	16.9.20

Public Health and Wellbeing Further Amendment (Infringement Offences) Regulations 2020, S.R. No. 99/2020

Date of Making:	28.9.20
Date of Commencement:	28.9.20

Public Health and Wellbeing Amendment (Infringement Offences) Regulations 2021, S.R. No. 1/2021

Date of Making:	10.1.21
Date of Commencement:	10.1.21

Public Health and Wellbeing Further Amendment (Infringement Penalties) Regulations 2021, S.R. No. 15/2021

Date of Making:	16.3.21
Date of Commencement:	16.3.21

Public Health and Wellbeing Amendment (QR Reporting Infringement) Regulations 2021, S.R. No. 43/2021

Date of Making:	11.5.21
Date of Commencement:	11.5.21

Public Health and Wellbeing Amendment (Tiered Infringement Offences) Regulations 2021, S.R. No. 129/2021

Date of Making:	21.10.21
Date of Commencement:	21.10.21

Public Health and Wellbeing Amendment (Pandemic Infringement Offences) Regulations 2021, S.R. No. 156/2021

Date of Making:	7.12.21
Date of Commencement:	Reg. 4(2) on 8.12.21: reg. 3(1); reg. 4(1) on 16.12.21: reg. 3(2)

Public Health and Wellbeing Amendment (Service Victoria) Regulations 2021, S.R. No. 175/2021

Date of Making:	21.12.21
Date of Commencement:	21.12.21

Public Health and Wellbeing Amendment Regulations 2022, S.R. No. 14/2022

Date of Making:	15.2.22
Date of Commencement:	22.2.22: reg. 3

Public Health and Wellbeing Amendment (Concessional Infringement Scheme) Regulations 2022, S.R. No. 72/2022

Date of Making:	30.8.22
Date of Commencement:	30.8.22: reg. 3

Public Health and Wellbeing Amendment (Notifiable Conditions) Regulations 2022, S.R. No. 73/2022

Date of Making:	30.8.22
Date of Commencement:	30.8.22

Public Health and Wellbeing Further Amendment Regulations 2022, S.R. No. 88/2022

Date of Making:	20.9.22
Date of Commencement:	Regs 5, 10–14 on 1.10.22: reg. 3(1); regs 6–9, 16, 17 on 1.1.23: reg. 3(2); reg. 15 on 1.12.23: reg. 3(3)

Public Health and Wellbeing Amendment Regulations 2023, S.R. No. 27/2023

Date of Making:	9.5.23
Date of Commencement:	1.6.23: reg. 3

Public Health and Wellbeing Amendment (Notifiable Conditions) Regulations 2023, S.R. No. 52/2023

Date of Making:	14.6.23
Date of Commencement:	Regs 5(1)(3), 6 on 30.6.23: reg. 3(1); reg. 5(2)(4) on 31.7.23: reg. 3(2)

Public Health and Wellbeing Amendment (iGAS Disease) Regulations 2024, S.R. No. 10/2024

Date of Making:	13.2.24
Date of Commencement:	1.3.24: reg. 3

Public Health and Wellbeing Amendment (Notifiable Conditions) Regulations 2025, S.R. No. 12/2025

Date of Making:	25.3.25
Date of Commencement:	1.4.25: reg. 3

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3   Explanatory details

[1] Reg. 105: S.R. No. 32/2020.

[2] Reg. 118(1): 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, 148/2018 and 47/2019.

[3] Sch. 4: S.R. No. 22/2017 as amended by S.R. Nos 71/2018, 176/2018 and 71/2019.

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Fee Units

These Regulations provide for fees by reference to fee units within the meaning of the Monetary Units Act 2004. The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit.

The value of a fee unit for the financial year commencing 1 July 2024 is $16.33. The amount of the calculated fee may be rounded to the nearest 10 cents.

The value of a fee unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.

Penalty Units

These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.

The value of a penalty unit for the financial year commencing 1 July 2024 is $197.59. The amount of the calculated penalty may be rounded to the nearest dollar.

The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.

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Table of Applied, Adopted or Incorporated Matter

The following table of applied, adopted or incorporated matter was included in S.R. No. 135/2019 in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014.

Statutory rule provision	Title of applied, adopted or incorporated document	Matter in applied, adopted or incorporated document
Regulation 4 (definition of Water Quality Guidelines)	Water quality guidelines for public aquatic facilities: Managing public health risks dated July 2019 and as published by Department of Health and Human Services on 20 August 2019	The whole