{"id":"health-cervical-screening-register-regulations-1991","name":"Health (Cervical Screening Register) Regulations 1991","slug":"health-cervical-screening-register-regulations-1991","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176750,"registerId":"wa-health-cervical-screening-register-regulations-1991-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Health (Cervical Screening 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":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The instrument as amended has broadened and modernised scope compared with its original 1991 form. Key scope changes include:\n\n- Renaming and functional expansion from a \"Cervical Cytology Register\" to the broader \"Cervical Screening Register\" (reflecting a wider set of screening inputs and uses) (see regulation 5 and compilation history).\n\n- Addition of explicit authority to include Register data in the Commonwealth National Cancer Screening Register (regulation 7(1)(ca)), enabling national integration beyond the original State-only register.\n\n- Insertion of CEO powers to request additional information from holders of data (regulation 10A) and the ability to receive information from corresponding registers in other jurisdictions (regulation 5(2)(a)(ii), regulation 7(1a)). These expand the means by which data may be collected beyond any earlier mandatory forwarding provisions (noting that previous forwarding provisions at regulation 9 were deleted by the 2018 amendment).\n\n- Addition of HPV vaccination programme monitoring as an explicit Register purpose (regulation 5(3)(f)), which broadens the Register’s public‑health uses from cytology follow‑up to immunisation effectiveness surveillance.\n\n- Strengthened individual control (explicit right to have identifying data removed — regulation 10) and explicit de‑identification requirement for published statistics (regulation 6(2)).\n\nOverall, amendments shifted the Register from a narrower, state‑centric cytology compilation toward a more interoperable and multifunctional screening database (including national sharing and vaccine monitoring), while adding privacy controls and new administrative powers for the CEO."},"complexity_factors":["Relatively short instrument (around 11 regulations) with concentrated subject matter (cervical screening)","About 5 defined terms in regulation 3 (approved, cervical cancer, cervical cancer test, corresponding register, Register)","Cross‑references to the Health (Miscellaneous Provisions) Act 1911 (Part IXA) and to the Commonwealth National Cancer Screening Register Act 2016 (regulation 4; regulation 7(1)(ca))","Several conditional authorisations and limits (CEO may disclose to corresponding register only if woman resides in that State/Territory and use is substantially similar — regulation 7(1a))","Nested conditions on CEO data requests (10A(2) requires prior forwarding under a now-deleted regulation 9 and consistency with Part IXA), which introduces some historical/deleted-text complexity","Limited but consequential penalties with graduated minimums and a single maximum (regulation 11)","Multiple privacy-related pathways (consent, authorised disclosure, statutory inclusion in national register) create branching logic for lawful disclosure (regulation 7)"],"plain_english_summary":"**What this regulation does (mechanics first)**\n\n- The Chief Executive Officer (CEO) of the WA Health Department must keep and operate a Cervical Screening Register (the Register) (regulation 5).\n\n- The Register holds results (or copies) of cervical cancer tests and other information the CEO requests or receives from corresponding registers in other jurisdictions (regulation 5(2)).\n\n- The Register is kept for specific, listed purposes: reducing cervical cancer illness and deaths, planning and evaluating services, publishing de-identified statistics, research, and monitoring the effectiveness of human papillomavirus (HPV) vaccination programmes (regulation 5(3)(a)–(f)).\n\n- The CEO must use the information to: notify women when their next test is due where possible; ensure follow-up procedures for abnormal results; provide linked records accessible to the woman and certain health practitioners; produce comparative laboratory data; and supply epidemiological and program-planning information (regulation 6).\n\n- Access and disclosure are tightly limited. Information may only be disclosed:\n  - with the woman’s written consent; or\n  - for the purposes listed in regulation 6; or\n  - to the National Cancer Screening Register (Commonwealth) for inclusion (regulation 7(1)(ca)); or\n  - where the CEO authorises disclosure to a corresponding register in another State/Territory if the woman resides there and the use is substantially the same as the WA purposes (regulation 7(1a)).\n  Any other disclosure is an offence (regulation 7(1)–(2)).\n\n- The CEO can, in writing, request a person who the CEO believes has information about a woman to provide that information; recipients must comply within 30 days unless they legitimately do not hold the information (regulation 10A).\n\n- A woman may request that identifying data about her be removed from the Register; the CEO must comply as soon as practicable, though non-identifying (de‑identified) data may be retained (regulation 10).\n\n- Breaches of the Rules attract fines up to $1,000 with prescribed minimums depending on the number of offences (regulation 11).\n\n\n**Who this affects**\n\n- Women who have had cervical cancer tests in Western Australia (data subjects) — their test results and related identifying data may be held on the Register (reg 5(2), reg 3 definition of \"cervical cancer test\").\n- The CEO (WA Health) — responsible for running the Register, authorising some disclosures, requesting additional information, and responding to removal requests (regs 5, 7, 10A, 10).\n- Health practitioners and laboratories — a woman’s treating medical practitioner, nurses, midwives, laboratory managers and certain practice/lab staff may access a woman’s linked record for diagnosis, treatment or scheduling the next test (regulation 6(3)).\n- Organisations operating corresponding registers in other States/Territories and the Commonwealth National Cancer Screening Register — they can supply or receive information where the law and authorisations allow (regulations 5(2)(a)(ii), 7(1)(ca), 7(1a)).\n\n\n**Why it matters (stated purposes and practical consequences)**\n\n- Stated public-health purpose: the Register is designed to support prevention, early detection and follow-up of cervical cancer and to provide data for planning, monitoring and research (regulation 5(3) and regulation 6). This includes monitoring HPV vaccination effectiveness (regulation 5(3)(f)).\n\n- Practical effects and trade-offs:\n  - Data consolidation: the Register creates a single linked record per woman to reduce missed follow-up and to notify women when testing is due (regulation 6(1)(a),(b),(c)). This can reduce redundant tests and support continuity of care.\n  - Reporting and compliance costs: persons holding information (labs, practices) may face an obligation to supply data when the CEO requests it (regulation 10A). Failure to comply can attract penalties (regulation 10A(3)–(4), regulation 11).\n  - Privacy controls and limits: published statistics must be de‑identified (regulation 6(2)), women can request removal of identifying data (regulation 10), and most disclosures require consent or an authorised legal basis (regulation 7).\n  - Administrative discretion: the CEO has several discretion points (approvals, authorisations to disclose, deciding when requests are consistent with Part IXA of the Act) which determine how broadly the Register is used and shared (regulations 3 definition of \"approved\", 7(1a), 10A(2)(b)).\n\n\n**Costs, incentives and implementation risks (concrete mechanisms)**\n\n- Who pays: the State (through the CEO) funds and runs the Register; health providers and labs bear the marginal cost of supplying information and adapting systems to meet requests and record‑keeping requirements (regulation 10A). There may be IT, staffing and compliance costs to health services.\n\n- Incentives and behaviour change:\n  - Providers: must supply information on request and may be incentivised to standardise reporting to reduce administrative burden (regulation 10A(1),(3)).\n  - Laboratories: comparative performance data (regulation 6(1)(d)) can create incentives to maintain or improve assay and reporting quality, but also introduces reputational considerations.\n  - Women: right to remove identifying data (regulation 10) gives individuals control but may reduce the Register’s completeness and the effectiveness of reminders/follow-up.\n\n- Trade-offs and risks:\n  - Data sharing with national and interstate registers (regulation 7(1)(ca) and 7(1a)) increases the utility of records for mobility and program evaluation, but raises cross‑jurisdictional privacy governance and security risks.\n  - CEO discretion (approvals and authorisations) reduces legislative complexity but concentrates decision-making authority and raises the need for transparent policies and oversight to manage consistency and reduce arbitrary outcomes (regulation 3 \"approved\", regulation 7(1a), regulation 10A(2)(b)).\n  - Retention of de‑identified data for research and stats (regulation 6(1)(e) and 6(2)) supports public-health analysis but depends on robust de‑identification and governance to manage re‑identification risk.\n\n\n**Concrete sections to look at for each point**\n- Register duties and contents: regulation 5.\n- Uses and permitted access: regulation 6 (uses), regulation 6(3) (who may access records).\n- Disclosure rules and cross‑jurisdiction sharing: regulation 7 and regulation 7(1a), regulation 7(1)(ca).\n- CEO power to request data: regulation 10A.\n- Removal of identifying data at request of the woman: regulation 10.\n- Penalties for breaches: regulation 11.\n\n\n**Summary judgement about operation (neutral, mechanistic)**\n- The instrument centralises cervical screening results under a state‑held register, authorises targeted data collection, enables selective interstate and national sharing, preserves rights for women to remove identifying data, and imposes compliance duties and penalties. It balances public‑health data needs with several statutory privacy controls, while leaving operational detail and scope of some disclosures to the CEO’s discretion (see regs 5, 6, 7, 10A, 10)."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as no legislative content was retrievable. The document provided contains only a website error message indicating the page is no longer available."},"complexity_factors":["No legislative content is available — the page has been taken down and cannot be analysed","Only the title and administrative error message were retrievable","No provisions, definitions, schedules or operative text exist to assess"],"plain_english_summary":"These 1991 regulations governed Western Australia’s cervical screening register. Given the 2017 shift to the National Cervical Screening Program and the National Cancer Screening Register framework, the instrument is likely outdated or repealed.\n\nFor current rules or access to records, contact the WA Department of Health or the National Cancer Screening Register."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":true,"description":"Originally established as the 'Cervical Cytology Register' in 1991 focused on Pap smear results, the legislation has expanded to become the 'Cervical Screening Register' (renamed 2018). The scope broadened from cytology (cell testing) to include broader cervical cancer testing and added explicit functions for monitoring HPV vaccination programs (regulation 6(1)(f)). The 2018 amendments also integrated the Register with the new National Cancer Screening Register (regulation 7(1)(ca)), shifting from a purely state-based system to part of a national network. Data collection mechanisms changed significantly (deletion of old regulations 8-9, insertion of 10A) to reflect modern privacy practices and operational realities."},"complexity_factors":["Short length (11 regulations, approximately 4 pages)","Only 5 defined terms in the interpretation section","Straightforward structure with clear Parts (Preliminary, Register, Data collection)","Minimal cross-referencing (primarily internal references to regulations 5, 6, 9, 10A)","Simple conditional logic (primarily 'if satisfied' tests for the CEO)","Deleted provisions (regulations 8 and 9) create minor historical complexity but do not affect current operation","Amendment history shows evolution but current text remains readable"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations establish and govern the **Cervical Screening Register** — a confidential database that tracks cervical cancer test results for women in Western Australia. The Register collects results from Pap smears (and similar tests) to help prevent cervical cancer deaths through better follow-up care and population health planning.\n\n**Who it affects:**\n\n- **Women in WA** who have cervical cancer screening tests — their results are recorded (unless they opt out)\n- **Medical practitioners, nurses, and midwives** — who can access their patients' screening histories to provide better care\n- **Laboratories** — which provide test results\n- **The CEO of the WA Department of Health** — who manages the Register\n\n**Key features:**\n\n- **Purpose:** The Register exists to reduce cervical cancer illness and death, plan health services, conduct research, and remind women when their next test is due\n- **Privacy protections:** Information cannot be disclosed without the woman's written consent, except to her healthcare providers for treatment purposes or for approved research (with identifying details removed)\n- **Opt-out rights:** Any woman can request in writing that her identifying information be removed from the Register\n- **Data sharing:** Information can be shared with similar registers in other Australian states/territories and with the National Cancer Screening Register\n- **Penalties:** Fines between $100–$1,000 apply for privacy breaches or failing to provide requested information\n\n**Why it matters:**\n\nThis system ensures women don't fall through the cracks of the healthcare system by creating a safety net for follow-up care when test results are abnormal. It also helps health authorities monitor screening participation rates and evaluate whether prevention programs (like HPV vaccination) are working."}},"importantCases":[],"_links":{"self":"/api/acts/health-cervical-screening-register-regulations-1991","history":"/api/acts/health-cervical-screening-register-regulations-1991/history","analysis":"/api/acts/health-cervical-screening-register-regulations-1991/analysis","conflicts":"/api/acts/health-cervical-screening-register-regulations-1991/conflicts","importantCases":"/api/acts/health-cervical-screening-register-regulations-1991/important-cases","documents":"/api/acts/health-cervical-screening-register-regulations-1991/documents"}}