{"id":"health-cervical-cytology-register-regulations-1991","name":"Health (Cervical Cytology Register) Regulations 1991","slug":"health-cervical-cytology-register-regulations-1991","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176748,"registerId":"wa-health-cervical-cytology-register-regulations-1991-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Health (Cervical Cytology Register) Regulations 1991","content":"![Crest]()Western Australia\n\nHealth (Miscellaneous Provisions) Act 1911\n\nHealth (Cervical Screening Register) Regulations 1991\n\nWestern Australia\n\nHealth (Cervical Screening Register) Regulations 1991\n\nContents\n\nPart 1 — Preliminary\n\n1. Citation 1\n\n2. Commencement 1\n\n3. Terms used 1\n\n4. Cervical cancer is a prescribed condition of health 2\n\nPart 2 — Cervical Screening Register\n\n5. Cervical Screening Register 3\n\n6. Use of information on Register 4\n\n7. Disclosure of information on the Register 5\n\nPart 3 — Procedures for data collection\n\n10A. CEO may request information 7\n\n10. Identifying data may be removed from Register 7\n\n11. Penalties 8\n\nNotes\n\nCompilation table 9\n\nDefined terms\n\n  \n\nWestern Australia\n\nHealth (Miscellaneous Provisions) Act 1911\n\nHealth (Cervical Screening Register) Regulations 1991\n\n## Part 1 — Preliminary\n\n##### 1. Citation\n\nThese regulations may be cited as the *Health (Cervical Screening Register) Regulations 1991* 1.\n\n[Regulation 1 amended: Gazette 23 May 2014 p. 1632.]\n\n##### 2. Commencement\n\nThese regulations shall come into operation on the expiry of 2 months beginning on the day on which they are published in the *Gazette* 1.\n\n##### 3. Terms used\n\nIn these regulations unless the contrary intention appears —\n\n  approved means approved by the CEO;\n\n  cervical cancer means the malignant growth of human tissue in the uterine cervix which if unchecked is likely to spread to adjacent tissue and beyond its site of origin and which has a tendency to recur;\n\n  cervical cancer test means a test undertaken to determine whether or not a woman is suffering from cancer of the uterine cervix or any of its precursors and which includes, or consists of, a pathological examination of a specimen from the woman;\n\n  corresponding register means a register that —\n\n(a) is established under the law of the Commonwealth or of another State or a Territory; and\n\n(b) contains information of the kind held on the Register;\n\n  Register means the Cervical Screening Register referred to in regulation 5.\n\n[Regulation 3 amended: Gazette 21 Feb 2006 p. 831; 15 Dec 2006 p. 5623; 23 May 2014 p. 1632.]\n\n##### 4. Cervical cancer is a prescribed condition of health\n\nCervical cancer is prescribed under section 289B of the Act as a condition of health to which Part IXA of the Act applies.\n\n## Part 2 — Cervical Screening Register\n\n[Heading amended: Gazette 10 Apr 2018 p. 1247.]\n\n##### 5. Cervical Screening Register\n\n(1) The CEO is to keep a register to be known as the Cervical Screening Register.\n\n(2) The Register is to contain —\n\n(a) a compilation of results, or copies of results, of cervical cancer tests —\n\n(i) forwarded under regulation 9 (before it was deleted by the *Health Regulations Amendment (Cervical Screening Register) Regulations 2018* regulation 7); or\n\n(ii) disclosed to the CEO by the officer in charge of a corresponding register in accordance with the law of the Commonwealth or the State or Territory in which that register is established;\n\nand\n\n(b) other information forwarded to the CEO under regulation 10A.\n\n(3) The register is to be kept for the following purposes —\n\n(a) to reduce the number of illnesses and deaths caused by, or related to, cervical cancer;\n\n(b) to reduce the number of cervical cancer cases;\n\n(c) to plan, monitor and evaluate services for the prevention and alleviation of cervical cancer and the care of persons with cervical cancer or its precursors in Western Australia;\n\n(d) to compile and publish general statistical information relating to cervical cancer and screening for cervical cancer;\n\n(e) to carry out research into the causes of cervical cancer and the effectiveness of prevention, screening and treatment services.\n\n[Regulation 5 inserted: Gazette 23 May 2014 p. 1632-3; amended: Gazette 10 Apr 2018 p. 1248.]\n\n##### 6. Use of information on Register\n\n(1) The information on the Register must be used by the CEO —\n\n(a) where possible, to provide for notification to women whose cervical cancer test results are normal, the appropriate time for their next test; and\n\n(b) where possible, to ensure that appropriate procedures are put in place for women whose test results are abnormal or unsatisfactory; and\n\n(c) to provide a linked record of results for every woman on the Register, which is available —\n\n(i) to the woman; and\n\n(ii) to the persons referred to in subregulation (3) for the purpose of assisting in the diagnosis or treatment of the woman or determining when she should have her next cervical cancer test;\n\nand\n\n(d) to provide comparative data from laboratories to encourage consistency of performance; and\n\n(e) to provide epidemiological data in order to —\n\n(i) monitor participation rates and patterns;\n\n(ii) assist programme planning;\n\n(iii) provide a data base for use in approved research into cancer, its alleviation and prevention;\n\n(iv) increase public awareness by the publication of statistical profiles; and\n\n(v) assist the compilation of comparative data by any national organization approved by the CEO;\n\nand\n\n(f) monitor and evaluate the effectiveness of vaccination programmes for the prevention of the human papillomavirus in women.\n\n(2) Data provided under subregulation (1)(e)(iv) or (v) must not contain any information which enables the identification of any woman in respect of whom data is held on the Register.\n\n(3) The record of results for a woman is available to the following people —\n\n(a) a medical practitioner who is, or was formerly, the woman’s medical practitioner;\n\n(b) a nurse or a midwife who is, or was formerly, engaged by the woman to conduct a cervical cancer test;\n\n(c) a person in charge of a laboratory engaged by or on behalf of the woman;\n\n(d) a member of the staff at —\n\n(i) the practice at which a medical practitioner, nurse or midwife referred to in paragraph (a) or (b) practices; or\n\n(ii) a laboratory referred to in paragraph (c).\n\n[Regulation 6 amended: Gazette 15 Dec 2006 p. 5623; 2 Oct 2007 p. 4963-4; 23 May 2014 p. 1633-4.]\n\n##### 7. Disclosure of information on the Register\n\n(1) A person must not disclose information on the Register other than —\n\n(a) with the written consent of any woman to whom the information relates; or\n\n[(b) deleted]\n\n(c) for the purposes of regulation 6; or\n\n(ca) for the purpose of including the information in the National Cancer Screening Register established under the *National Cancer Screening Register Act 2016* (Commonwealth) section 9; or\n\n(d) in accordance with an authorisation under subregulation (1a).\n\n(1a) The CEO may authorise the disclosure of information on the Register to the person in charge of a corresponding register if —\n\n(a) the woman to whom the information relates resides in the State or Territory in which the corresponding register is established; and\n\n(b) the CEO is satisfied that the information is to be used solely for a purpose that is the same or substantially similar to a purpose described in regulation 6(1)(a) or (b).\n\n(2) A person who contravenes subregulation (1) commits an offence.\n\n[Regulation 7 amended: Gazette 21 Feb 2006 p. 832; 15 Dec 2006 p. 5623; 2 Oct 2007 p. 4964; 23 May 2014 p. 1634; 10 Apr 2018 p. 1248.]\n\n## Part 3 — Procedures for data collection\n\n[**8, 9.** Deleted: Gazette 10 Apr 2018 p. 1248.]\n\n##### 10A. CEO may request information\n\n(1) The CEO may, in writing, request a person, who in the opinion of the CEO, has information about a woman to cause the information specified in the request to be given to the CEO.\n\n(2) The CEO may not request information under subregulation (1) unless —\n\n(a) the information relates to a woman whose results, or copies of results, of a cervical cancer test have been forwarded under regulation 9 (before it was deleted by the *Health Regulations Amendment (Cervical Screening Register) Regulations 2018* regulation 7); and\n\n(b) the CEO is satisfied that collecting the information is consistent with achieving the objects of Part IXA of the Act.\n\n(3) A person who receives a request under this regulation must comply with the request within 30 days of receiving it.\n\n(4) A person who contravenes subregulation (3) commits an offence.\n\n(5) It is a defence to a charge under subregulation (3) to prove that the person did not have the information requested at the relevant time.\n\n[Regulation 10A inserted: Gazette 23 May 2014 p. 1634-5; amended: Gazette 10 Apr 2018 p. 1248.]\n\n##### 10. Identifying data may be removed from Register\n\n(1) A woman may at any time request in writing to the CEO, that any data held on the Register which identifies her be removed.\n\n(2) The CEO must ensure that a request made under subregulation (1) is complied with as soon as is practicable.\n\n(3) Data relating to, but which does not identify, a woman referred to in subregulation (1) may be retained on the Register.\n\n(4) A person who contravenes subregulation (2) commits an offence.\n\n[Regulation 10 amended: Gazette 15 Dec 2006 p. 5623; 23 May 2014 p. 1635.]\n\n##### 11. Penalties\n\nA person who commits an offence under these regulations is liable to a penalty which is not more than $1 000 and not less than —\n\n(a) in the case of a first offence, $100;\n\n(b) in the case of a second offence, $200; and\n\n(c) in the case of a third or subsequent offence, $500.\n\nNotes\n\n1 This is a compilation of the *Health (Cervical Screening Register) Regulations 1991* and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.\n\nCompilation table\n\n| **Citation** | **Gazettal** | **Commencement** |\n| --- | --- | --- |\n| *Health (Cervical Cytology Register) Regulations 1991* 2 | 3 Jan 1992 p. 16‑19 | 2 Mar 1992 (see r. 2) |\n| **Reprint 1: The *Health (Cervical Cytology Register) Regulations 1991* as at 2 Apr 2004** | | |\n| *Health (Cervical Cytology Register) Amendment Regulations 2006* | 21 Feb 2006 p. 831‑2 | 21 Feb 2006 |\n| *Health (Cervical Cytology Register) Amendment Regulations (No. 2) 2006* | 15 Dec 2006 p. 5622-3 | 15 Dec 2006 |\n| *Health (Cervical Cytology Register) Amendment Regulations 2007* | 2 Oct 2007 p. 4963-4 | r. 1 and 2: 2 Oct 2007 (see r. 2(a));   Regulations other than r. 1 and 2: 3 Oct 2007 (see r. 2(b)) |\n| **Reprint 2: The *Health (Cervical Cytology Register) Regulations 1991* as at 20 Feb 2009** (includes amendments listed above) | | |\n| *Health (Cervical Cytology Register) Amendment Regulations 2014* | 23 May 2014 p. 1631-5 | r. 1 and 2: 23 May 2014 (see r. 2(a));   Regulations other than r. 1 and 2: 24 May 2014 (see r. 2(b)) |\n| *Health Regulations Amendment (Cervical Screening Register) Regulations 2018* Pt. 2 | 10 Apr 2018 p. 1247‑8 | 11 Apr 2018 (see r. 2(b)) |\n\n\n2 Now known as the *Health (Cervical Screening Register) Regulations 1991*, citatation changed (see note under r. 1).\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\napproved 3\n\ncervical cancer 3\n\ncervical cancer test 3\n\ncorresponding register 3\n\nRegister 3\n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":true,"description":"The legislation has evolved significantly from its original 1991 scope as the 'Cervical Cytology Register' (focused on Pap smear pathology) to the broader 'Cervical Screening Register'. Key expansions include: (1) 2006-2007 amendments adding midwives and nurses as authorised accessors, not just doctors; (2) 2014 amendments introducing active data collection powers (regulation 10A), expanding purposes to include HPV vaccination monitoring, and adding research capabilities; (3) 2018 amendments integrating with the Commonwealth's National Cancer Screening Register. The register transformed from a passive pathology collection system to an active population health tool with national connectivity."},"complexity_factors":["Short length (11 regulations, approximately 6 pages)","Only 5 defined terms in the interpretation section","Straightforward structure with clear Parts: Preliminary, Register operations, and Data collection","Limited cross-referencing—primarily references to the parent Act (Health (Miscellaneous Provisions) Act 1911) and one Commonwealth Act","Simple conditional logic with clear offence provisions and defences (e.g., regulation 10A(5) provides a simple defence for not having requested information)","Some historical complexity from amendments (regulations 8 and 9 deleted, regulation 9 referenced in transitional provisions despite deletion), but these are clearly marked","Penalty structure is a simple tiered system based on number of offences"],"plain_english_summary":"These regulations create and manage a confidential database (the Cervical Screening Register) that tracks cervical cancer test results for women in Western Australia.\n\n**What it does:**\n- Establishes a central register to collect and store results from cervical cancer screening tests (Pap smears and similar tests)\n- Allows the government to send women reminders about when their next test is due\n- Ensures women with abnormal results get proper follow-up care\n- Provides a complete screening history that doctors, nurses, midwives and laboratories can access to help diagnose and treat patients\n- Supports research into cervical cancer causes and prevention, and monitors vaccination programs for HPV (human papillomavirus)\n\n**Who it affects:**\n- **Women in WA** who have cervical cancer screening tests—their results go on the register unless they opt out\n- **Healthcare providers**—doctors, nurses, midwives and laboratories who conduct tests and need access to patient histories\n- **Researchers**—who can access de-identified data (statistics that don't identify individuals) for approved studies\n\n**Privacy protections:**\n- Information identifying individual women cannot be published or shared publicly\n- Women can request their identifying information be removed from the register at any time (though anonymous statistical data may be kept)\n- Disclosure of personal information is generally an offence, with fines up to $1,000\n- Information can only be shared with other Australian registers for care coordination, or with the woman's consent\n\n**Why it matters:**\nThe register saves lives by ensuring women don't fall through the cracks of the screening system. It helps catch cervical cancer early when it's treatable, coordinates care between different doctors, and provides data to improve public health programs."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The regulations have been broadened and repurposed since the original 1991 instrument. Originally framed as a state ‘Cervical Cytology Register’ holding forwarded laboratory results, the scheme has been amended to: (a) rename and expand purposes (2014 amendments add research and vaccination monitoring; reg 5(3), reg 6(1)(f)); (b) introduce an explicit CEO data‑request power to collect supplementary information from persons who hold it (reg 10A, inserted 2014); and (c) permit sharing with the Commonwealth National Cancer Screening Register and corresponding interstate registers subject to CEO authorisation and purpose alignment (reg 7(1)(ca); reg 7(1a), amended 2018). These changes shift the instrument from a narrowly technical repository of cytology reports to a more active, state-level data-collection and data-sharing instrument integrated with national screening infrastructure and broader public‑health research uses."},"complexity_factors":["Relatively short instrument (11 regulations) but with substantive amendments over time (2014, 2018).","About 5 defined terms in the interpretation section (approved; cervical cancer; cervical cancer test; corresponding register; Register). (reg 3)","Cross-references to other laws and parts: Part IXA of the Health (Miscellaneous Provisions) Act 1911, and the Commonwealth National Cancer Screening Register Act 2016. (reg 4; reg 7(1)(ca))","Conditional and discretionary powers concentrated in the CEO: multiple \"may\" and authorisation provisions (reg 5, reg 7(1a), reg 10A).","Deleted and amended provisions create backward references (e.g. reg 5(2)(a)(i) refers to regulation 9 which has been deleted), increasing interpretive complexity. (reg 5(2)(a)(i); 8, 9 deleted)","Tiered offence structure and specific time-limited compliance obligations (30-day compliance for requests, reg 10A(3)) create procedural complexity. (reg 10A; reg 11)","Mixture of individual rights (opt-out/removal under reg 10) and public‑health data-sharing rules (reg 6, reg 7) requires balancing privacy and utility in implementation.","Multiple permitted uses with varying disclosure constraints (clinical access, anonymised statistics, research, national register inclusion), requiring careful handling and de-identification procedures. (reg 6(1), reg 6(2), reg 7)"],"plain_english_summary":"**What this instrument does (mechanics)**\n\n- Creates and requires a state Cervical Screening Register kept by the CEO of the Department of Health (the Register). (reg 5)\n- Specifies what the Register holds: results or copies of cervical cancer (cervical cytology) tests and other information the CEO requests. Some earlier direct forwarding requirements were removed by later amendments; the Register can also receive data from equivalent registers in other jurisdictions. (reg 5(2))\n- Lists the legitimate purposes for keeping and using the Register: reducing cervical cancer illness and deaths, planning and evaluating prevention and care services, producing anonymised statistics, research and monitoring vaccination effectiveness. (reg 5(3); reg 6(1)(e),(f))\n- Prescribes who may access a woman’s linked record on the Register for clinical purposes: her current or former medical practitioner, nurse or midwife who performed the test, laboratory staff or staff at those practices/laboratories. (reg 6(3))\n- Limits disclosure of information from the Register: disclosure is forbidden except with the woman’s written consent, for the permitted uses (reg 6), to include data in the Commonwealth National Cancer Screening Register, or where the CEO authorises disclosure to a corresponding register in another State/Territory. (reg 7(1), (1a), (1)(ca))\n- Gives the CEO a power to request in writing information about a woman from persons who, in the CEO’s opinion, have it; recipients must comply within 30 days unless they truly do not hold the information. This power is constrained: it can only be used where the woman already has test results that were forwarded under the (now-deleted) forwarding rule and where the CEO is satisfied the collection is consistent with Part IXA of the Health Act. (reg 10A)\n- Allows a woman to request removal of any identifying data about her from the Register; non-identifying data may be retained. The CEO must comply as soon as practicable. (reg 10)\n- Creates offences (and tiered penalties up to $1,000) for unlawful disclosure or non-compliance with data requests. (reg 7(2); reg 11)\n\n**Who is affected**\n\n- Women who have cervical cancer tests in Western Australia: their test results and related data can be held on the Register. (regs 3, 5)\n- Medical practitioners, nurses, midwives, laboratories and their staff: they can access woman-specific records for clinical care (reg 6(3)), and may be required to supply requested information to the CEO under reg 10A.\n- The Department of Health CEO: responsible for maintaining the Register, authorising some disclosures, and requesting data. (regs 5, 7(1a), 10A)\n- Commonwealth or interstate cancer screening registers: may receive data from this Register where authorised and where purposes align (reg 5(2)(a)(ii); reg 7(1a); reg 7(1)(ca)).\n- Researchers and public-health bodies: may receive anonymised or approved data for research, program planning and publication of statistical profiles (reg 5(3)(d),(e); reg 6(1)(e)).\n\n**Why it matters (stated purposes and practical effects)**\n\n- The regulation’s stated aims are operational: to support follow-up and recall of women for testing, to ensure abnormal results prompt appropriate procedures, to compile linked clinical records, to produce anonymised statistics, to support research, and to monitor HPV vaccination programs. (reg 6(1); reg 5(3))\n- Mechanically, the instrument centralises cervical screening data under the CEO. That centralisation enables recall/notification processes and program evaluation (reg 6(1)(a),(e)) and permits data-sharing with a Commonwealth national register and corresponding interstate registers under specified conditions (reg 7(1)(ca); reg 7(1a)).\n\n**Costs, incentives, trade-offs and implementation considerations**\n\n- Compliance burden: clinicians and laboratories may face an administrative cost if they must supply data in response to CEO requests (reg 10A) or otherwise participate in data linkage. The regulation sets a 30‑day compliance window for requests. (reg 10A(3))\n- Privacy and choice: the default framework protects confidentiality (unlawful disclosure is an offence, reg 7(2)), but the CEO has discretion to authorise inter-jurisdictional sharing (reg 7(1a)) and the Register can feed into the Commonwealth register (reg 7(1)(ca)). Women retain a mechanism to remove identifying data (reg 10), which preserves individual choice at the cost of reducing the usefulness of linked records for recall and follow-up.\n- Administrative cost and who pays: the State (via the Department of Health) bears the cost of running the Register and authorising disclosures; private providers bear the cost of complying with requests and of supplying or accessing records when providing care. (regs 5, 10A)\n- Concentrated benefits and diffuse costs: benefits—improved program evaluation, research, vaccination monitoring and clinic recall systems—accrue primarily to public health planners, researchers and potentially to women who receive timely follow-up. Compliance costs and privacy risks are borne widely by many women and by numerous health providers.\n- Data quality and operational risk: the Register’s usefulness depends on timely, accurate data from multiple providers and correct handling of de-identification for published statistics (reg 6(2)). The CEO’s discretionary powers (authorisations and requests) are critical operational levers and a point of implementation risk if guidance and resources are insufficient. (regs 7(1a), 10A)\n- Effects on private enterprise and competition: the rule enabling comparative laboratory data (reg 6(1)(d)) can create incentives for labs to improve performance; it may also expose performance metrics that affect lab reputation and procurement decisions, but the regulation does not impose fees or licensing conditions on private entities.\n\n**Practical behaviour changes the law creates**\n\n- Providers may need to supply historical or supplementary information when the CEO issues a written request. (reg 10A)\n- The CEO will maintain linked records and may contact women about timing for next tests or follow-up after abnormal results. (reg 6(1)(a),(b),(c))\n- Women can request removal of identifying information, trading off their privacy preference against the Register’s ability to recall them for future screening. (reg 10)\n\n**Key legal limits and remedies**\n\n- Unauthorised disclosure is an offence with financial penalties; women retain a right to remove identifying data; and cross-jurisdictional sharing is permitted only where the CEO is satisfied the use aligns with permitted purposes. (regs 7, 10, 10A)\n\n(References in parentheses are to the regulation numbers cited above.)"},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":1,"scope_assessment":{"changed":true,"description":"Based on the title and historical context, the original scope of these 1991 regulations — governing a state-based cervical cytology register — almost certainly became redundant or was formally repealed following Australia's 2017 transition to the Commonwealth-administered National Cancer Screening Register. The practical scope shifted from a state-level administrative instrument to a now-superseded piece of subordinate legislation. The missing webpage may itself reflect this obsolescence."},"complexity_factors":["No legislative text is available for analysis — only an error/redirect page was provided","Cannot assess actual regulatory complexity, cross-references, definitions, or operative provisions","Title alone provides minimal information about the regulatory scheme's structure or detail"],"plain_english_summary":"These regulations governed the Cervical Cytology Register in Western Australia — the database recording cervical screening (Pap smear) results used to track screening histories, send reminders, and help clinicians monitor cervical health. They primarily affected women screened in WA and their healthcare providers. Likely superseded by the national program, current rules are now found under the National Cancer Screening Register framework."}},"importantCases":[],"_links":{"self":"/api/acts/health-cervical-cytology-register-regulations-1991","history":"/api/acts/health-cervical-cytology-register-regulations-1991/history","analysis":"/api/acts/health-cervical-cytology-register-regulations-1991/analysis","conflicts":"/api/acts/health-cervical-cytology-register-regulations-1991/conflicts","importantCases":"/api/acts/health-cervical-cytology-register-regulations-1991/important-cases","documents":"/api/acts/health-cervical-cytology-register-regulations-1991/documents"}}