Victorian Current Acts

PUBLIC HEALTH AND WELLBEING ACT 2008 - SECT 165AP

    (1)         The Minister must ensure that before a pandemic order or a variation, extension or revocation of a pandemic order comes into force, a copy of the order as made, varied or extended, or of the instrument of revocation, as the case requires, is published on the Pandemic Order Register.

    (2)     Subject to subsection (5), the Minister must ensure that within 7 days after a pandemic order or a variation, extension or revocation of a pandemic order comes into force, the following documents are published on an Internet site maintained by the Department—

        (a)         a copy of, or a written record of, the advice given by the Chief Health Officer as mentioned in section 165AL(2)(a) or 165AO(3)(a) in relation to the making, variation, extension or revocation of the order;

        (b)     a statement of reasons for the making, varying, extension or revocation of the order;

        (c)     in the case of the making, variation, or extension of the order, a statement as to whether, in the opinion of the Minister, the order does or does not limit any human right set out in the Charter of Human Rights and Responsibilities; and

        (d)     if, in the opinion of the Minister, the order as made, varied or extended does limit a human right set out in the Charter of Human Rights and Responsibilities, an explanation of—

              (i)     the nature of the human right limited; and

              (ii)     the importance of the purpose of the limitation; and

              (iii)     the nature and extent of the limitation; and

              (iv)     the relationship between the limitation and its purpose; and

              (v)     any less restrictive means reasonably available to achieve the purpose that the limitation seeks to achieve.

    (3)     If—

        (a)     more than one pandemic order is made, varied, extended or revoked on the same day; and

        (b)     the Chief Health Officer's advice, the statement of reasons or the explanation applies to more than one of the orders—

the advice, statement of reasons or explanation, as the case requires, is only required to be published once in relation to the orders to which it relates.

    (4)     For the purposes of subsection (2)(a)—

        (a)     to the extent that the Chief Health Officer's advice was given wholly or partly in writing, a copy of the written advice, or a written record of the advice, must be published; and

        (b)     to the extent that the Chief Health Officer's advice was given wholly or partly orally, the Minister must cause a record of the advice to be prepared and endorsed by the Chief Health Officer, and a copy of the written record of the advice must be published.

    (5)     If a variation of a pandemic order is only for the purpose of correcting a defect, mistake or omission, subsection (2) does not apply to the variation, but     the Minister must ensure that within 7 days after the variation comes into force,     a statement certifying that the variation is only for that purpose is published on an Internet site maintained by the Department.

    (6)     A failure to comply with the requirements of this section does not affect the validity of the pandemic order or the variation, extension or revocation, as the case requires.

S. 165AQ inserted by No. 53/2021 s. 12.