Victorian Current Acts

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PUBLIC HEALTH AND WELLBEING ACT 2008 - SECT 238

Management and control of infectious disease, micro-organisms and medical conditions

    (1)     Without limiting the generality of section 232 , the regulations may prescribe—

        (a)     a definition of immunised in relation to each vaccine-preventable disease;

        (b)     an infectious disease as a notifiable condition;

        (c)     a medical condition as a notifiable condition;

        (d)     a micro-organism as a notifiable micro‑organism;

        (e)     the period within which notification details of any notifiable condition or notifiable micro-organism required to be given by the regulations must be given;

        (f)     notification details for any notifiable condition or notifiable micro-organism;

        (g)     the manner of making a notification of any notifiable condition or notifiable micro‑organism;

        (h)     persons or classes of persons who must notify the Secretary of any notifiable condition or notifiable micro-organism;

              (i)     matters relating generally to the giving of information by the Secretary to other persons in relation to any notifiable condition or notifiable micro-organism;

        (j)     matters relating generally to the notification of any notifiable condition or notifiable micro-organism;

        (k)     matters relating generally to the collection and analysis of information about infectious diseases;

S. 238(1)(ka) inserted by No. 4/2018 s. 24(1).

        (ka)     for the purposes of Division 3A of Part 8—

              (i)     the manner of making a notification that a person has anaphylaxis;

              (ii)     the notification details for a person having anaphylaxis;

              (iii)     the period within which notification details for a person having anaphylaxis must be given;

              (iv)     the persons or classes of persons to whom the Secretary may provide information under section 130C;

S. 238(1)(l) repealed by No. 22/2019 s. 6(3).

    *     *     *     *     *


        (m)     an infectious disease as a specified infectious disease for the purposes of Division 5 of Part 8;

        (n)     vaccine-preventable diseases for the purposes of Division 7 of Part 8;

S. 238(1)(o) amended by Nos 4/2018 s. 24(2), 22/2019 s. 4(2).

        (o)     a disease to be a prescribed disease;

        (p)     the conditions to apply in respect of prescribed pathology services performing tests for the purposes of this Act;

        (q)     matters relating to laboratory services or pathology services forwarding a prescribed class of samples or isolates and prescribed information to prescribed laboratory services or prescribed pathology services for the purpose of sub-typing;

        (r)     matters relating to the provision of prescribed information to the Secretary by prescribed laboratory services or prescribed pathology services which perform sub-typing;

        (s)     the prescribed information which the person in charge of a pathology service is required to provide in the prescribed manner within the prescribed period to the prescribed person if—

              (i)     the test is performed in Victoria by the pathology service or outside Victoria at the request of the Victorian pathology service; and

              (ii)     it appears to the pathology service that the person from whom the sample was taken does not have a permanent or temporary postal address in Victoria (on the basis of postal address provided by the person, if any); and

              (iii)     the sample was not taken in Victoria; and

              (iv)     the result of the test indicates that the person has, or may have, a notifiable condition;

        (t)     the prescribed information which a person is required to provide in the prescribed manner within the prescribed period if—

              (i)     that person provides a food sample or isolate to an interstate or overseas laboratory for testing; and

              (ii)     the interstate or overseas laboratory detects or isolates a prescribed micro-organism or declared micro-organism;

        (u)     the preparation, keeping and use of pathogenic micro-organisms or other material capable of causing disease in human beings;

              (v)     the diagnosing of infectious diseases;

        (w)     the retention of immunisation status certificates by persons in charge of primary schools;

              (x)     the persons to whom and the circumstances in which the person in charge of a primary school must allow access to immunisation status certificates;

S. 238(1)(y) amended by No. 80/2011 s. 79(Sch. item 5.2).

        (y)     matters relating to the closing of primary schools, education and care service premises and children's services centres because of an infectious disease;

S. 238(1)(z) amended by No. 80/2011 s. 79(Sch. item 5.3).

        (z)     matters relating to the regulation or restriction of attendance at a primary school, an education and care services premises or children's services centre because of an infectious disease.

    (2)     Without limiting the generality of section 232, the regulations may prescribe—

        (a)     generally the procedures to be taken to stop, limit or prevent the spread of infectious disease including the use, cleaning, maintenance, examination, testing and decontamination of any place, system or thing likely to give rise to, harbour, propagate or contribute to the spread of, any infectious disease and the keeping of records in relation to those procedures;

        (b)     in the case of premises where infectious diseases may be spread which are premises on which a business is conducted or to which the public has access, requirements to be observed by the proprietor of the business or by the occupier of the premises, including requirements relating to—

              (i)     if the premises is to be required to be registered, the registration of the premises;

              (ii)     cleanliness and hygiene;

              (iii)     activities conducted or engaged in which are likely to increase the risk of the spread of infectious diseases;

              (iv)     the provision at the premises of information about infectious diseases;

              (v)     the general safeguarding of the health of persons likely to be using the premises;

              (vi)     the preparation, maintenance and availability of records in relation to the premises or anything at the premises;

        (c)     without limiting paragraph (b), in relation to a premises referred to in that paragraph, requirements relating to the manner in and by which an escort agency proprietor is required to provide written information about the transmission of sexually transmitted infections for the benefit of clients and sex workers.

S. 238A inserted by No. 44/2020 s. 3.



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