{"id":"improving-cancer-outcomes-act-2014","name":"Improving Cancer Outcomes Act 2014","slug":"improving-cancer-outcomes-act-2014","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":178157,"registerId":"vic-improving-cancer-outcomes-act-2014-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Improving Cancer Outcomes Act 2014","content":"Version No. 002\n\n**Improving Cancer Outcomes Act 2014**\n\n**No. 78 of 2014**\n\nVersion as at  \n1 October 2016\n\n**TABLE OF PROVISIONS**\n\n*Section Page*\n\nPart 1—Preliminary 1\n\n1 Purposes 1\n\n2 Commencement 1\n\n3 Definitions 2\n\nPart 2—Administration 4\n\n4 Role and functions of the Secretary 4\n\n5 Delegation by Secretary 5\n\n6 Agreement with service provider 5\n\nPart 3—Collection, use and disclosure of information 7\n\nDivision 1—Collection of information 7\n\n7 Secretary may collect health information 7\n\n8 Mandatory reporting of cancer screening of a prescribed type 7\n\n9 Mandatory reporting of diagnosis of cancer of a prescribed type 7\n\n10 Direction to provide further information 8\n\n11 Authority to collect information about Victorian residents 8\n\n12 Protection of persons from whom information is collected 9\n\nDivision 2—Management of collected information 9\n\n13 Collected information to be held on register or registers 9\n\nDivision 3—Use and disclosure of information 10\n\n14 Circumstances in which Secretary may use and disclose health information 10\n\n15 Disclosure of information 10\n\n16 Fees for provision of information to third parties 11\n\n17 Access to health information 11\n\nPart 4—Cancer plan and expert groups 12\n\n18 Minister to prepare cancer plan 12\n\n19 Minister may establish expert group 12\n\n20 Members of expert group 13\n\n21 Minister may give direction to expert group 13\n\nPart 5—Registration of Cancer Council Victoria as company 14\n\n22 Definitions 14\n\n23 Deemed registration company 14\n\n24 Order specifying registration day 15\n\n25 Corporate continuity 15\n\n26 Superseded references 16\n\n27 Member of Anti-Cancer Council of Victoria or committee ceases to hold office 17\n\nPart 6—General 18\n\n28 Regulations 18\n\nPart 8—Transitional provisions 21\n\n32 Transitional provision—information held on registers taken to have been collected under this Act 21\n\n═══════════════\n\nEndnotes 22\n\n1 General information 22\n\n2 Table of Amendments 24\n\n3 Amendments Not in Operation 25\n\n4 Explanatory details 26\n\n**Version No.** **002**\n\n**Improving Cancer Outcomes Act 2014**\n\n**No. 78 of 2014**\n\nVersion as at  \n1 October 2016\n\n**The Parliament of Victoria enacts:**\n\nPart 1—Preliminary\n\n\t1 Purposes\n\nThe main purposes of this Act are—\n\n(a) to articulate the role and functions of the Secretary to the Department of Health with respect to cancer; and\n\n(b) to authorise the collection of information relating to cancer by the Secretary in order to perform those functions; and\n\n(c) to establish a framework for the appropriate management, use and disclosure of that information; and\n\n(d) to require the Minister to prepare a plan providing a strategic policy framework for cancer in Victoria; and\n\n(e) to provide for the registration of the Anti-Cancer Council of Victoria as a company limited by guarantee under the Corporations Act; and\n\n(f) to repeal the **Cancer Act 1958**.\n\n\t2 Commencement\n\n(1) This section and section 29 come into operation on the day after the day on which this Act receives the Royal Assent.\n\n(2) Subject to subsection (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed.\n\n(3) If a provision of this Act does not come into operation before 1 October 2015, it comes into operation on that day.\n\n\t3 Definitions\n\nIn this Act—\n\n***cancer screening*** means a process in which an individual undergoes testing or procedures in order to determine whether the individual has—\n\n(a) cancer or a precursor to cancer; or\n\n(b) any indicator, such as genetic markers or cell abnormalities, that may lead to cancer;\n\n***Department*** means the Department of Health;\n\n***health information*** has the same meaning  \nas in section 3(1) of the **Health Records Act 2001**;\n\n***Health Privacy Principles*** means the Health Privacy Principles set out in Schedule 1 to the **Health Records Act 2001**;\n\n***health service*** means—\n\n(a) an activity performed in relation to an individual that is intended or claimed (expressly or otherwise) by the individual or the organisation performing it—\n\n(i) to assess, maintain or improve the individual's health; or\n\n(ii) to diagnose the individual's illness, injury or disability; or\n\n(iii) to treat the individual's illness, injury or disability or suspected illness, injury or disability; or\n\n(b) a disability service, palliative care service or aged care service; or\n\n(c) a service, or a class of service, provided in conjunction with an activity or service referred to in paragraph (a) or (b) that is prescribed as a health service;\n\n***HPP*** means a Health Privacy Principle;\n\n***Secretary*** means the Department Head (within the meaning of the **Public Administration Act 2004**) of the Department of Health.\n\nPart 2—Administration\n\n\t4 Role and functions of the Secretary\n\n(1) For the purpose of this Act, the role of the Secretary is—\n\n(a) to support efforts in Victoria to reduce cancer incidence, morbidity and mortality and to enhance the wellbeing of those affected by cancer and the wellbeing of Victorians generally; and\n\n(b) to perform the functions and exercise the powers conferred on the Secretary by this Act or any regulations made under this Act; and\n\n(c) to provide advice to the Minister with respect to cancer and to advise the Minister on the operation of this Act and the regulations made under this Act.\n\n(2) Without limiting subsection (1), the Secretary has the following functions under this Act—\n\n(a) to plan, develop, co-ordinate, fund, promote, support and enable the provision of health services relating to cancer; and\n\n(b) to develop and implement policies, programs and initiatives to support the prevention, early detection, diagnosis and treatment of cancer, the ongoing management of cancer and the ongoing care of those affected by cancer; and\n\n(c) to promote awareness and understanding of—\n\n(i) cancer prevention; and\n\n(ii) cancer screening; and\n\n(iii) participation in cancer screening; and\n\n(iv) treatment options; and\n\n(d) to support initiatives to enhance the quality of life of those affected by cancer; and\n\n(e) to monitor and evaluate cancer screening participation, cancer incidence and cancer treatment and the outcomes of cancer screening and cancer treatment; and\n\n(f) to promote continuous improvement in cancer treatment, outcomes and the quality and safety of health services relating to cancer; and\n\n(g) to undertake, facilitate and support research relating to cancer and the application of that research; and\n\n(h) to maintain a register of information collected by the Secretary under this Act.\n\n\t5 Delegation by Secretary\n\nThe Secretary by instrument may delegate any power or function of the Secretary under this Act or the regulations made under this Act, other than this power of delegation, to—\n\n(a) any employee or class of employees employed under Part 3 of the **Public Administration Act 2004**; or\n\n(b) any person engaged by the Department in a capacity other than as an employee employed under Part 3 of the **Public Administration Act 2004**.\n\n\t6 Agreement with service provider\n\n(1) Subject to subsection (2), the Secretary may enter into an agreement with a service provider to perform any of the functions of the Secretary under this Act.\n\n(2) The Secretary must not enter into an agreement referred to in subsection (1) unless satisfied that the agreement imposes obligations on the service provider relating to the confidentiality, privacy and security of any information to be used or collected that comply with this Act and the Health Privacy Principles.\n\nPart 3—Collection, use and disclosure  \nof information\n\nDivision 1—Collection of information\n\n\t7 Secretary may collect health information\n\nFor the purpose of performing the Secretary's functions under this Act, the Secretary may, in accordance with this Part, collect health information about an individual.\n\n\t8 Mandatory reporting of cancer screening of a prescribed type\n\n(1) If an individual undergoes cancer screening of a prescribed type, the prescribed person or organisation must report the cancer screening to the Secretary.\n\n(2) The report of the cancer screening must—\n\n(a) be in the prescribed form; and\n\n(b) be made within the prescribed time; and\n\n(c) include the prescribed information.\n\n\t9 Mandatory reporting of diagnosis of cancer of a prescribed type\n\n(1) If an individual is diagnosed with cancer of a prescribed type, the prescribed person or organisation must report the diagnosis to the Secretary.\n\n(2) For the purposes of subsection (1), a diagnosis of cancer includes a diagnosis of a recurrence of a cancer or a precursor of a prescribed type.\n\n(3) The report of a diagnosis of cancer or a precursor must—\n\n(a) be in the prescribed form; and\n\n(b) be made within the prescribed time; and\n\n(c) include the prescribed information.\n\n\t10 Direction to provide further information\n\n(1) The Secretary may direct a person or organisation to provide further information in relation to an individual who—\n\n(a) has undergone cancer screening of a type prescribed for the purposes of section 8; or\n\n(b) has been diagnosed with cancer or a precursor of a type prescribed for the purposes of section 9.\n\n(2) The Secretary may give a direction under subsection (1)—\n\n(a) to resolve any uncertainties, inconsistencies or ambiguities associated with; or\n\n(b) to ensure the accuracy, integrity and completeness of—\n\ninformation provided to the Secretary under section 8 in relation to cancer screening or under section 9 in relation to a cancer diagnosis.\n\n(3) The Secretary may give a direction under subsection (1) to a person or organisation other than the person who reported the cancer screening or the cancer diagnosis.\n\n\t11 Authority to collect information about Victorian residents\n\n(1) The Secretary may collect information about Victorian residents from cancer screening registers and cancer registers maintained in other jurisdictions.\n\n(2) For the purpose of performing the Secretary's functions under this Act, the Secretary may collect information about Victorian residents from any other source.\n\n**Example**\n\nThe Secretary may collect information from the National HPV Vaccination Program Register.\n\n(3) Information referred to in subsection (1) or (2) may include personal information or health information about an individual.\n\n\t12 Protection of persons from whom information is collected\n\n(1) This section applies to a person or organisation that, in accordance with this Act, provides information that is authorised or required to be provided under this Act.\n\n(2) The providing of the information—\n\n(a) does not for any purpose constitute unprofessional conduct or a breach of professional ethics on the part of the person or organisation; and\n\n(b) does not make the person or organisation subject to any liability in respect of it; and\n\n(c) does not constitute a contravention of any other Act or law (including common law).\n\nDivision 2—Management of collected information\n\n\t13 Collected information to be held on register or registers\n\nThe Secretary must ensure that all information collected under this Act is recorded and maintained on a register or registers.\n\nDivision 3—Use and disclosure of information\n\n\t14 Circumstances in which Secretary may use and disclose health information\n\n(1) The Secretary may use and disclose health information about an individual collected under this Act for the purpose of performing the Secretary's functions under this Act.\n\n(2) The Secretary may use and disclose health information collected under this Act about an individual for any other purpose—\n\n(a) with the consent of—\n\n(i) the individual; or\n\n(ii) if the individual is deceased—the individual's legal representative; or\n\n(b) if the information is used or disclosed in accordance with HPP 2.2.\n\n(3) Nothing in this Act prevents the Secretary from using and disclosing information about an individual collected under this Act if the identity of the individual is not apparent, and cannot reasonably be ascertained, from the information.\n\n\t15 Disclosure of information\n\n(1) Without limiting section 14(1), the Secretary may disclose information collected under this Act in any of the following circumstances—\n\n(a) where the purpose of the disclosure is to enable the recipient of the information—\n\n(i) to determine whether a person who has been screened for cancer has cancer, a precursor to cancer, a genetic marker to cancer or cell abnormalities which may lead to the development of cancer; or\n\n(ii) to provide appropriate follow-up and clinical management of a person who has been screened for cancer;\n\n(b) where the information relates to a person who has been screened for cancer in Victoria and the disclosure is to a person or organisation responsible for maintaining or managing a cancer screening register in another jurisdiction;\n\n(c) where the information relates to a person who has been diagnosed with cancer in Victoria and the disclosure is to a person or organisation responsible for maintaining or managing a cancer register in another jurisdiction;\n\n(d) where the disclosure is to the Australian Institute of Health and Welfare or to a successor in law to that body.\n\n(2) The disclosure of information by the Secretary under this Division is at the discretion of the Secretary.\n\n\t16 Fees for provision of information to third parties\n\n(1) Subject to subsection (2), the Secretary may require a charge to be paid by a third party for the reasonable costs incurred in providing to the third party information collected under this Act.\n\n(2) The charge required to be paid must not exceed the prescribed amount (if any).\n\n\t17 Access to health information\n\nSubject to section 16 of the **Health Records Act 2001**, Part 5 of that Act applies to the health information relating to an individual collected by the Secretary under this Act as if the Secretary were an organisation to which that Act applies.\n\nPart 4—Cancer plan and expert groups\n\n\t18 Minister to prepare cancer plan\n\n(1) The Minister must prepare a plan that provides a strategic policy framework for cancer in Victoria—\n\n(a) no later than 12 months after the commencement of this Act; and\n\n(b) every 4 years after the preparation of the first plan.\n\n(2) A plan prepared under subsection (1) must—\n\n(a) report on the status and burden of cancer in Victoria by drawing on the information collected by the Secretary under this Act; and\n\n(b) establish Victoria's objectives and policy priorities with respect to cancer; and\n\n(c) state how these objectives and policy priorities will be achieved based on available evidence; and\n\n(d) specify how the State intends to work with other parties to achieve these objectives and policy priorities.\n\n(3) The Minister must cause a plan prepared under subsection (1) to be tabled in each House of Parliament within 7 sitting days after its preparation.\n\n\t19 Minister may establish expert group\n\n(1) The Minister may, by Order published in the Government Gazette, establish an expert group in respect of cancer.\n\n(2) An Order under subsection (1) must specify the functions of the expert group.\n\n(3) Without limiting subsection (2), the functions of an expert group may include—\n\n(a) developing best practice clinical guidelines in relation to cancer; and\n\n(b) recommending to the Minister that certain research be conducted in relation to that cancer.\n\n\t20 Members of expert group\n\nThe Minister may, by Order published in the Government Gazette, appoint members of an expert group on the terms and conditions specified in the Order.\n\n\t21 Minister may give direction to expert group\n\nThe Minister may give a written direction to an expert group to consider and report on any matter related to cancer specified in the direction.\n\nPart 5—Registration of Cancer Council Victoria as company\n\n\t22 Definitions\n\n(1) In this Part—\n\n***Anti-Cancer Council of Victoria*** means the Anti‑Cancer Council of Victoria, as established under the **Anti-Cancer Council Act 1936** and continued by the **Cancer Act 1958**;\n\n***registration day*** has the same meaning as in section 5H(1)(b)(i) of the Corporations Act;\n\n***specified day*** means the day specified by the Minister in an Order made under section 24(1).\n\n(2) Words and expressions used in the Corporations Act and this Part have the same meaning in this Part as in the Corporations Act except to the extent that the context or the subject matter otherwise requires.\n\n\t23 Deemed registration company\n\nFor the purposes of section 5H of the Corporations Act—\n\n(a) the Anti-Cancer Council of Victoria is a deemed registration company; and\n\n(b) the specified day is the registration day; and\n\n(c) the Anti-Cancer Council of Victoria is to be registered as a company limited by guarantee; and\n\n(d) the company's proposed name is \"CancerCouncil Victoria\".\n\n\t24 Order specifying registration day\n\n(1) The Minister may, by Order published in the Government Gazette, specify a day on which the Anti-Cancer Council of Victoria is taken to be registered as a company limited by guarantee under the name \"Cancer Council Victoria\" for the purposes of section 5H of the Corporations Act.\n\n(2) The Minister must not make an Order under subsection (1) unless satisfied that the Anti-Cancer Council of Victoria has complied with section 5H(2) and (3) of the Corporations Act.\n\n(3) The Minister must provide ASIC with a copy of an order made under this section as soon as practicable after the making of the Order.\n\n(4) Failure to provide a copy of the Order to ASIC under subsection (3) does not affect the validity of the Order.\n\n\t25 Corporate continuity\n\n(1) On and after the specified day, the deemed registration company that is the Cancer Council Victoria is, despite the change of name, taken to be a continuation of, and the same legal entity as, the Anti-Cancer Council of Victoria.\n\n(2) Without limiting subsection (1), registration of the Cancer Council Victoria as a company limited by guarantee under the Corporations Act is not taken to affect—\n\n(a) the existing rights, property and assets, or debts, liabilities and obligations of the Anti‑Cancer Council of Victoria; or\n\n(b) any legal proceeding by or against the Anti‑Cancer Council of Victoria; or\n\n(c) the employment, or entitlements as an employee, of a person who was an employee of the Anti-Cancer Council of Victoria immediately before the registration day; or\n\n(d) any arrangement, agreement or contract entered into by or on behalf of the Anti‑Cancer Council of Victoria as in force immediately before the registration day.\n\n(3) Subsections (1) and (2) are declared to be Corporations legislation displacement provisions for the purposes of section 5G of the Corporations Act in relation to Corporations legislation.\n\n**Note**\n\nSection 5G of the Corporations Act provides that if a State law declares a provision of State law to be a Corporations legislation displacement provision for the purposes of that section, any provision of the Corporations legislation with which the State provision would otherwise be inconsistent does not operate to the extent necessary to avoid the inconsistency.\n\n\t26 Superseded references\n\n(1) On and after the registration day, in any Act (other than this Act), subordinate instrument or any other document of any kind, unless the context otherwise requires, a reference to the Anti-Cancer Council of Victoria is taken to be a reference to the Cancer Council Victoria so far as it relates to any period after that date.\n\n(2) On and after the registration day, each old instrument continues to have effect according to its tenor as if a reference in the instrument to the Anti-Cancer Council of Victoria were a reference to the Cancer Council Victoria.\n\nS. 26(3) amended by No. 21/2015 s. 3(Sch. 1 item 27).\n\n(3) Without limiting the effect of subsection (2), on and after the registration day, an instrument creating a trust in relation to the Anti‑Cancer Council of Victoria continues to have effect according to its tenor as if the trust were in relation to the Cancer Council Victoria.\n\n(4) In this section—\n\n***old instrument*** means an instrument subsisting immediately before the registration day—\n\n(a) to which the Anti-Cancer Council of Victoria was a party; or\n\n(b) that was given to or in favour of the Anti-Cancer Council of Victoria; or\n\n(c) that refers to the Anti-Cancer Council of Victoria; or\n\n(d) under which—\n\n(i) money is, or may become, payable to or by the Anti-Cancer Council of Victoria; or\n\n(ii) other property is to be, or may become liable to be, transferred to or by the Anti-Cancer Council of Victoria.\n\n\t27 Member of Anti-Cancer Council of Victoria or committee ceases to hold office\n\nOn and after the registration day—\n\n(a) a person holding office as a member of the Anti-Cancer Council of Victoria ceases to hold that office; and\n\n(b) a person holding office as a member of a committee of the Anti-Cancer Council of Victoria ceases to hold that office.\n\nPart 6—General\n\n\t28 Regulations\n\n(1) The Governor in Council may make regulations for or with respect to the following—\n\n(a) the types of cancer screening that must be reported to the Secretary;\n\n(b) for a report to the Secretary of a cancer screening of a prescribed type—\n\n(i) the person or organisation that must report the cancer screening; and\n\n(ii) the form of the report; and\n\n(iii) the time in which the report must be provided to the Secretary; and\n\n(iv) the information to be included in the report;\n\n(c) the types of cancer or precursor for which a diagnosis must be reported to the Secretary;\n\n(d) for a report to the Secretary of a diagnosis of cancer or a precursor of a prescribed type—\n\n(i) the person or organisation that must report the diagnosis; and\n\n(ii) the form of the report; and\n\n(iii) the time in which the report must be provided to the Secretary; and\n\n(iv) the information to be included in the report;\n\n(e) the maximum amount that may be charged by the Secretary to provide information collected by the Secretary under this Act;\n\n(f) any thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.\n\n(2) The regulations may—\n\n(a) be of general or limited application; and\n\n(b) differ according to differences in time, place or circumstances; and\n\n(c) confer a discretionary authority or impose a duty on a specified person or class of person; and\n\n(d) apply, adopt or incorporate, with or without modification, any matter contained in any document, code, standard, rule, specification or method formulated, issued, prescribed or published by any person—\n\n(i) wholly or partially or as amended by the regulations; or\n\n(ii) as formulated, issued, prescribed or published at the time the regulations are made or at any time before then; or\n\n(iii) as formulated, issued, prescribed or published from time to time.\n\nPt 7 (Heading and ss 29–31) repealed by No. 78/2014 s. 31.\n\n* * * * *\n\nPart 8—Transitional provisions\n\n\t32 Transitional provision—information held on registers taken to have been collected under this Act\n\n(1) Any information held on a register specified in subsection (2) immediately before the commencement of section 30 is taken to be information collected under this Act and may be included on a register referred to in section 13.\n\n(2) For the purposes of subsection (1), the following registers are specified—\n\n(a) the cancer register maintained by the Anti‑Cancer Council of Victoria, known as the \"Victorian Cancer Registry\";\n\n(b) the Cervical Register maintained by the Victorian Cytology (Gynaecological) Service;\n\n(c) the BreastScreen Victoria Registry maintained by Breast Screen Victoria Inc.\n\n═══════════════\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.\n\n*Minister's second reading speech—*\n\n*Legislative Assembly: 20 August 2014*\n\n*Legislative Council: 18 September 2014*\n\nThe long title for the Bill for this Act was \"A Bill for an Act to articulate the role and functions of the Secretary to the Department of Health with respect to cancer, to establish a framework for the collection, management, use and disclosure of information relating to cancer, to require the preparation of a plan providing a strategic policy framework for cancer in Victoria, to provide for the registration of the Anti-Cancer Council of Victoria as a company limited by guarantee under the Corporations Act and to repeal the **Cancer Act 1958** and for other purposes.\"\n\nThe **Improving Cancer Outcomes Act 2014** was assented to on 21 October 2014 and came into operation as follows:\n\nSections 1, 29 on 22 October 2014: section 2(1); remaining provisions on 1 October 2015: section 2(3).\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original section or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act 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.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.  \nSee section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThis publication incorporates amendments made to the **Improving Cancer Outcomes Act 2014** by Acts and subordinate instruments.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n**Improving Cancer Outcomes Act 2014, No. 78/2014**\n\n| Assent Date: | 21.10.14 |\n| --- | --- |\n| Commencement Date: | S. 31 on 1.10.15: s. 2(3) |\n| Note: | S. 31 repealed Pt 7 (ss 29–31) on 1.10.16 |\n| Current State: | This information relates only to the provision/s amending the **Improving Cancer Outcomes Act 2014** |\n\n\n**Statute Law Revision Act 2015, No. 21/2015**\n\n| *Assent Date:* | 16.6.15 |\n| --- | --- |\n| *Commencement Date:* | S. 3(Sch. 1 item 27) on 1.8.15: s. 2(1) |\n| *Current State:* | This information relates only to the provision/s amending the **Improving Cancer Outcomes Act 2014** |\n\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n3 Amendments Not in Operation\n\nThere are no amendments which were Not in Operation at the date of this publication.\n\n4 Explanatory details\n\nNo entries at date of publication.","sortOrder":0}],"analysis":{"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"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original intent as articulated in section 1. It combines three distinct but related purposes: (1) establishing a cancer data collection and management framework, (2) requiring strategic cancer planning, and (3) modernising the legal structure of the Anti-Cancer Council of Victoria. While Part 5 (corporate registration) might seem like a departure from health regulation, it was clearly part of the original design to repeal the Cancer Act 1958 and modernise the cancer control landscape in Victoria. The scope has not expanded beyond these articulated purposes."},"complexity_factors":["Moderate cross-referencing to other statutes (Health Records Act 2001, Corporations Act, Public Administration Act 2004)","Conditional logic in information disclosure provisions (sections 14-15) with multiple permitted purposes and consent requirements","Technical corporate restructuring provisions (Part 5) requiring understanding of company law concepts like 'deemed registration company' and 'Corporations legislation displacement provisions'","Regulation-making powers (section 28) that delegate significant detail to subordinate legislation, leaving key operational specifics (prescribed cancer types, reporting timeframes, fees) undefined in the primary Act","Transitional provisions ensuring continuity of legal obligations across organisational transformation"],"plain_english_summary":"**What this law does:**\n\nThis Act sets up a comprehensive system for managing cancer-related health information in Victoria and modernises the governance of the state's leading cancer organisation.\n\n**Key parts:**\n\n*   **Cancer data collection:** It gives the Secretary of the Department of Health power to collect detailed health information about cancer screening and diagnoses. Doctors, hospitals and screening services must report certain types of cancer screening and cancer diagnoses to the Secretary. This is mandatory (not optional).\n\n*   **Privacy protections:** The information must be kept in secure registers. The Secretary can only use or share this information for specific purposes—mainly to improve cancer prevention, treatment and research. There are strict rules about when personal details can be disclosed to third parties.\n\n*   **Strategic planning:** The Minister must prepare a comprehensive cancer plan every four years, setting out Victoria's priorities for tackling cancer.\n\n*   **Expert advice:** The Minister can set up expert groups to develop clinical guidelines and recommend research priorities.\n\n*   **Corporate restructuring:** It transforms the Anti-Cancer Council of Victoria (an old statutory body) into a modern company limited by guarantee called \"Cancer Council Victoria,\" ensuring all its assets, debts and legal obligations continue seamlessly.\n\n*   **Repeal of old law:** It replaces the outdated Cancer Act 1958.\n\n**Who it affects:**\n\n*   **Patients:** Anyone undergoing cancer screening or diagnosed with cancer in Victoria (their information will be collected, though privacy protections apply).\n*   **Health professionals:** Doctors, pathology services and screening programs must report cancer data.\n*   **Researchers:** Can apply for access to de-identified data (where personal details are removed).\n*   **Cancer Council Victoria:** The organisation itself, which changes its legal structure but keeps its mission.\n\n**Why it matters:**\n\nThis law enables population-level cancer monitoring—tracking how many people get cancer, how effective screening programs are, and whether treatments work. This data helps prevent deaths from cancer by identifying trends and improving services. It also modernises the legal framework for one of Victoria's most important health charities, allowing it to operate more flexibly while maintaining its public purpose."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"This version remains within the Act’s original stated purposes (s 1): clarifying the Secretary’s role, enabling collection/management/use/disclosure of cancer information, requiring a cancer plan, and converting the Anti‑Cancer Council into a company. Amendments reflected in the published version to 1 October 2016 are technical and transitional (including repeal of earlier provisions and statutory housekeeping) rather than expanding the Act’s substantive scope. The detailed scope of reporting and operational reach is largely delegated to regulations (s 28), but that delegation was part of the original framework rather than a later expansion."},"complexity_factors":["One short definitions section with ~8 principal defined terms (s 3).","Multiple cross-references to other Acts: Health Records Act 2001 (HPPs) (ss 3, 14, 17), Corporations Act (Part 5, ss 22–26), Public Administration Act 2004 (ss 3, 5).","Delegated detail expected in regulations for many operational matters (mandatory reporting types, reporters, form and timing, fees) (s 28) — creates dependence on subordinate instrument.","Discrete parts with different legal effects: data-collection/use (Part 3), strategic planning (Part 4), corporate conversion (Part 5) — introduces varied legal regimes to navigate.","Secretary discretion points (data disclosure (s 15(2)), directions to provide further info (s 10)) introduce conditional operational rules.","Transitional provisions importing historical registers and data (s 32) — requires mapping of legacy data into new register.","Fee/recovery mechanism but subject to prescribed caps (s 16) — administrative calculations and rules needed.","Application of Health Records Act access and HPPs to the Secretary (s 17) — requires privacy-compliance procedures and cross-act legal interpretation."],"plain_english_summary":"**What this Act does (mechanically):**\n\n- Establishes the Secretary to the Department of Health as the central agency responsible for cancer policy, planning, data collection and related functions (see s 4).  The Secretary may delegate functions and contract service providers subject to privacy and confidentiality requirements (ss 5–6).\n\n- Authorises the Secretary to collect and hold cancer-related health information on one or more registers and sets rules for how that information may be used and disclosed (Parts 3 and 13).  The Secretary may collect information directly, require mandatory reporting of specified types of cancer screening and cancer diagnoses (ss 7–9), and direct persons or organisations to provide further information to resolve uncertainties (s 10).\n\n- Permits the Secretary to obtain information about Victorian residents from interstate or national registers and other sources (s 11).  Information collected is to be recorded on a register or registers maintained by the Secretary (s 13).\n\n- Sets out when the Secretary may use or disclose health information: for carrying out the Secretary’s functions; with consent; in accordance with the Health Privacy Principles (HPPs); or where individuals cannot be identified (s 14).  The Secretary may also disclose data for clinical follow-up, to interstate screening/ cancer registries and to the Australian Institute of Health and Welfare (s 15).  Disclosure is discretionary (s 15(2)).\n\n- Allows the Secretary to charge third parties a fee for providing information, limited to a prescribed maximum (s 16).  Access to individual health information is subject to the Health Records Act rules (s 17).\n\n- Requires the Minister to prepare a four-yearly cancer plan (first within 12 months) that reports on cancer burden using the Secretary’s data and sets objectives, evidence-based actions and how the State will work with others (s 18).  The Minister may establish expert groups, appoint members, and give directions to those groups (ss 19–21).\n\n- Provides for the Anti-Cancer Council of Victoria to be treated as a company limited by guarantee and continue as the same legal entity under the name \"Cancer Council Victoria\" on a Minister-specified registration day; preserves assets, liabilities, contracts, employment and legal proceedings (Part 5, ss 22–26).  The Minister must notify ASIC of the order specifying the registration day (s 24).\n\n- Repeals earlier cancer legislation and contains transitional provisions treating pre-existing registers (Victorian Cancer Registry, Cervical Register, BreastScreen registry) as collected under this Act (s 32).\n\n\n**Who it affects:**\n\n- The Secretary and staff of the Department of Health (who run the registers, analyse data and prepare policy) (s 4).\n- Health service providers, laboratories and other prescribed persons/organisations that will be required by regulation to report specified cancer screenings and diagnoses to the Secretary (ss 8–9, s 28).  This includes private and public providers if listed in regulations.\n- Individuals whose health information is collected, stored and used under the Act (Parts 3 and 13).\n- Third parties seeking data from the Secretary (who may be charged a fee) (s 16).\n- The Anti-Cancer Council of Victoria and its stakeholders, because it becomes Cancer Council Victoria as a company limited by guarantee with legal continuity (Part 5).\n- Expert groups and their appointed members (ss 19–21).\n\n\n**Why it matters (official purpose and practical effects):**\n\n- Officially the Act exists to clarify the Secretary’s role on cancer, enable systematic collection and management of cancer information, require a strategic State cancer plan, and convert the Anti‑Cancer Council to a company (s 1).  Those are the stated purposes in the Act.\n\n- Practically, the Act centralises cancer data collection and gives the Secretary powers to obtain, link and share cancer-related data across jurisdictions and registers (ss 11, 13, 15).  That changes how cancer surveillance and planning are resourced and coordinated (s 4, s 18).\n\n\n**Costs, incentives, trade-offs and implementation risks (concrete mechanisms):**\n\n- Compliance costs fall on the parties required to report. The Act makes reporting mandatory only for types and reporters specified in regulations, so the scale of the burden depends on the regulations (ss 8–9, s 28).  Where private clinics or pathology labs are named in regulations, they will need processes to create and deliver prescribed reports within prescribed times (s 8(2), s 9(3)).\n\n- Administrative cost and recovery: the Secretary may recover reasonable costs from third-party data recipients up to a prescribed maximum (s 16).  That provides a limited cost-recovery mechanism but also requires the Secretary to set and administer charging rules.\n\n- Privacy and legal risk management: the Act imports and applies the Health Privacy Principles (HPPs) and the Health Records Act’s access rules (ss 3, 14, 17).  Use/disclosure beyond the Secretary’s functions requires consent or compliance with HPP 2.2 (s 14(2)).  The Secretary’s discretion to disclose (s 15(2)) creates decision-making points where privacy safeguards must be applied consistently.\n\n- Bureaucratic discretion and governance: the Secretary has broad powers to collect, use and disclose information (Part 3) and discretion over disclosure (s 15(2)).  The Minister sets strategic direction through the cancer plan (s 18) and can establish expert groups and give them directions (ss 19–21).  These arrangements concentrate operational control in the Department and political/ministerial control over strategy.\n\n- Data interoperability and cross‑jurisdiction dependence: the Secretary can collect data from other jurisdictions and national registers (s 11).  Effective use depends on data-sharing agreements, consistent definitions and matching processes; delays or incompatibilities create implementation risk.\n\n- Effect on private enterprise and independent providers: the Act does not restrict private providers’ commercial operations, but reporting obligations (if applied to them by regulation) require administrative effort and may change workflows. The Secretary may contract out functions to service providers, subject to privacy/security obligations (s 6). Contracting can involve private providers but must include confidentiality and HPP-compliant terms.\n\n- Conversion of the Anti-Cancer Council to a company: the corporate continuity clauses preserve assets, liabilities, contracts and employment (s 25).  That changes legal form and corporate governance but preserves operational continuity, so effects are primarily on governance and reporting obligations under the Corporations Act rather than on service delivery per se (ss 23–26).\n\n\n**Who pays, who decides, and what behaviour changes:**\n\n- Who pays: the State (Department) pays for the registers and administration; third-party data purchasers can be charged reasonable fees (s 16); regulated reporters (if private) bear reporting compliance costs (ss 8–9, s 28); service providers contracted by the Secretary may be paid for contracted services but must meet privacy/security obligations (s 6).\n\n- Who decides: the Minister sets strategic policy through the cancer plan and may create expert groups and give directions (ss 18–21).  The Secretary decides operational matters including what data to collect, when to direct further information, and discretionary disclosures (ss 4, 10, 15).  Regulations (made by Governor in Council) determine the detailed scope of mandatory reporting, forms, timeframes and fees (s 28).\n\n- Behaviour changes incentivised or required: prescribed reporters will be required to submit defined screening or diagnosis reports within set timeframes (ss 8–9).  Agencies and providers supplying data to the Secretary may need to establish data-sharing processes.  External researchers or organisations may request data and could pay to access aggregated or individual-level information (s 16), subject to privacy rules (s 14).\n\n\n**Key sections to note for implementation or compliance checks:**\n\n- Mandatory reporting and directions: ss 8–11.  Regulations under s 28 will fill in who must report, what information, and timing.\n- Data use and privacy constraints: ss 14–17 and the Health Records Act (cross-reference in s 3 and s 17).\n- Secretary’s functions and contracting/ delegation: ss 4–6.\n- Ministerial plan and expert groups: ss 18–21.\n- Corporate conversion/ continuity for the Anti-Cancer Council: ss 22–26.\n\n\n**Bottom line:** The Act centralises cancer data collection and assigns responsibility to the Secretary for building and using cancer information to support policy and clinical follow-up, while preserving and converting the existing Anti‑Cancer Council into a company. The practical scope of reporting and costs to private providers depends heavily on regulations and the Secretary’s exercise of discretion (see ss 8–9, s 15, s 28)."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Insufficient legislative text has been provided to assess whether the scope of the Act changed from its original intent. The content supplied contains only version history and administrative metadata, not the substantive provisions of the law."},"complexity_factors":["The legislation text provided is almost entirely metadata and version history information — no operative provisions are visible","Without substantive sections, cross-references, definitions, or schedules to analyse, structural complexity cannot be properly assessed","Health legislation of this type typically involves interaction with other Acts (e.g. Health Services Act) which could add complexity, but this cannot be confirmed from the text provided","The Act appears to be relatively short and purpose-driven based on its title, suggesting lower inherent complexity"],"plain_english_summary":"The Improving Cancer Outcomes Act 2014 establishes a legislative framework to coordinate cancer services across Victoria, set goals and priorities for better diagnosis, treatment and management, and create reporting and accountability mechanisms for care providers. It affects cancer patients and families, hospitals, oncology professionals and health departments — signaling a government commitment to improve survival, care quality and system coordination so patients receive timely, appropriate treatment."}},"importantCases":[],"_links":{"self":"/api/acts/improving-cancer-outcomes-act-2014","history":"/api/acts/improving-cancer-outcomes-act-2014/history","analysis":"/api/acts/improving-cancer-outcomes-act-2014/analysis","conflicts":"/api/acts/improving-cancer-outcomes-act-2014/conflicts","importantCases":"/api/acts/improving-cancer-outcomes-act-2014/important-cases","documents":"/api/acts/improving-cancer-outcomes-act-2014/documents"}}