{"id":"sr:public-health-and-wellbeing-regulations-2019","name":"Public Health and Wellbeing Regulations 2019","slug":"public-health-and-wellbeing-regulations-2019","collection":"regulation","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":181520,"registerId":"vic-sr:public-health-and-wellbeing-regulations-2019-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"Part 1—Preliminary\n\n","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Objective","content":"\t1 Objective\n\nThe objective of these Regulations is to prescribe matters required or permitted to be prescribed or necessary to be prescribed to give effect to the **Public Health and Wellbeing Act 2008**.\n\n","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Authorising provisions","content":"\t2 Authorising provisions\n\nThese Regulations are made under sections 232, 233, 234, 235, 236, 237, 238 and 239 of the **Public Health and Wellbeing Act 2008**.\n\n","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Commencement","content":"\t3 Commencement\n\n(1) These Regulations (except regulations 23 and 24(2) and Subdivision 1 of Division 3 of Part 5) come into operation on 14 December 2019.\n\n(2) Regulations 23 and 24(2) and Subdivision 1 of Division 3 of Part 5 come into operation on 14 December 2020.\n\n","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"\t4 Definitions\n\nIn these Regulations—\n\nReg. 4 def. of *adult* inserted by S.R. No. 15/2021 reg. 3.\n\n***adult*** means a person of or above the age of 18 years;\n\n***aquatic facility*** means—\n\n  (a)  a category 1 aquatic facility that is not an exempt aquatic facility; or\n\n  (b)  a category 2 aquatic facility that is not an exempt aquatic facility;\n\n***aquatic facility operator*** means a person who owns, manages or controls an aquatic facility;\n\n***article*** means any appliance, instrument, container, applicator, cosmetic, dye, dressing or thing used on a living human being;\n\n***biocide*** means a physical or chemical agent capable of killing micro-organisms;\n\n***body*** ***piercing*** has the same meaning as it has in section 43(1) of the **Summary Offences Act 1966**;\n\n***category 1 aquatic facility*** means a swimming pool, spa pool or interactive water feature that—\n\n  (a)  is used by members of the public, whether free of charge or on payment of a fee; or\n\n  (b)  is used in association with a class or program that is offered free of charge or on payment of a fee; or\n\n  (c)  is located at the premises of an early childhood service, school or other educational institution; or\n\n  (d)  is located at premises at which residential aged care services are provided; or\n\n  (e)  is located at any of the following premises—\n\n  (i)  a public hospital;\n\n  (ii)  a multi purpose service;\n\n  (iii)  a denominational hospital;\n\n  (iv)  a private hospital;\n\n  (v)  a privately-operated hospital within the meaning of section 3(1) of the **Health Services Act 1988**;\n\n***category 2 aquatic facility*** means a swimming pool or spa pool that is used by members of the public and located at the premises of the following—\n\n  (a)  a residential apartment complex;\n\n  (b)  a hotel, motel or hostel;\n\nReg. 4 def. of *child* inserted by S.R. No. 15/2021 reg. 3.\n\n***child***, in the case of a person who is alleged to have committed an infringement offence, means a person who at the time of the alleged commission of the infringement offence was of or above the age of 10 years and under the age of 18 years;\n\n***commercial vehicle wash*** means a business where cars, trucks and other vehicles are washed;\n\nReg. 4 def. of *disease vector* revoked by S.R. No. 88/2022 reg. 5(2).\n\n***disinfect*** means to carry out a process which—\n\n  (a)  is intended to inactivate or remove pathogenic micro-organisms; and\n\n  (b)  in the case of a cooling tower system, consists of dosing the recirculating water inside the cooling tower system with—\n\n  (i)  a chlorine based compound, equivalent to at least 10 mg/L of free chlorine for at least one hour, while maintaining the pH of the water between 7·0 and 7·6; or\n\n  (ii)  a bromine based compound, equivalent to at least 20 mg/L of free bromine for at least one hour, while maintaining the pH of the water between 7·0 and 8·5;\n\n***drinking water*** has the same meaning as it has in section 3 of the **Safe Drinking Water Act 2003**;\n\n***exempt aquatic facility*** means any of the following—\n\n(a) a spa pool that is, or is intended to be, emptied of water after each use;\n\n(b) a floatation tank;\n\n(c) a spring water pool that has a turnover rate of at least 25 percent of the entire volume of the water in the pool to waste each hour;\n\n(d) a waterway within the meaning of section 3(1) of the **Water Act 1989**;\n\n(e) a private dam within the meaning of section 3(1) of the **Water Act 1989**;\n\n***floatation tank*** means a heated, highly saline, fluid-filled enclosed tank designed for individual therapeutic use;\n\n***food premises*** has the same meaning as it has in section 4(1) of the **Food Act 1984**;\n\n***food vending machine*** has the same meaning as it has in section 4(1) of the **Food Act 1984**;\n\n***healthcare identifier*** has the same meaning as in the Healthcare Identifiers Act 2010 of the Commonwealth;\n\n***heterotrophic colony count*** means an estimate of the number of the viable units of bacteria per millilitre of water;\n\nReg. 4 def. of *HIV* inserted by S.R. No. 88/2022 reg. 5(1).\n\n***HIV*** means the human immuno-deficiency virus;\n\n***interactive water feature*** means any of the following—\n\n  (a)  a water slide and its associated receiving pool that uses recirculating water;\n\n  (b)  a wave pool or water play park that uses recirculating water;\n\n  (c)  any other artificially constructed water play feature where recirculating water may be inhaled or swallowed by a person or come into contact with a person's skin or mucous membranes;\n\n***laboratory*** means a laboratory accredited by the National Association of Testing Authorities;\n\nReg. 4 def. of *laboratory service* revoked by S.R. No. 88/2022 reg. 5(2).\n\n***Legionella*** means bacteria belonging to the genus *Legionella*;\n\n***medicare number*** has the same meaning as in Part VII of the National Health Act 1953 of the Commonwealth;\n\n***mosquito breeding ground*** means a place where mosquito eggs, larvae or pupae are present;\n\n***nucleic acid test*** means any test that detects nucleic acid, including polymerase chain reaction testing;\n\n***personal service*** means any of the following—\n\n  (a)  beauty therapy;\n\n  (b)  applying cosmetics that does not involve skin penetration or tattooing;\n\n  (c)  hairdressing;\n\n  (d)  colonic irrigation;\n\n  (e)  tattooing;\n\n  (f)  ear piercing, body piercing or any other process involving skin penetration;\n\n***prison*** has the same meaning as it has in section 3(1) of the **Corrections Act 1986**;\n\n***privately-operated hospital*** has the same meaning as it has in section 3(1) of the **Health Services Act 1988**;\n\n***Public Health Laboratory*** means—\n\n(a) the Microbiological Diagnostic Unit Public Health Laboratory; or\n\n(b) the Victorian Infectious Diseases Reference Laboratory (Peter Doherty Institute for Infection and Immunity);\n\n***recirculating water***, in respect of a cooling tower system, means the water that circulates inside a cooling tower system;\n\n***residential apartment complex*** means land affected by an owners corporation (within the meaning of section 3 of the **Owners Corporations Act 2006**) where the lots consist predominantly of self-contained apartments;\n\n***self-contained apartment*** means a portion of a building that forms a self-contained residence, including kitchen, bathroom and toilet facilities, under the exclusive possession of the occupier;\n\n***spa pool*** means an artificially constructed pool that*—*\n\n(a) has facilities for circulating heated turbulent water; and\n\n(b) is used or intended to be used for passive recreational or therapeutic bathing;\n\n***swimming pool*** means any artificial structure containing water that is used or intended to be used by people for any of the following—\n\n(a) swimming;\n\n(b) diving;\n\n(c) recreational or therapeutic bathing;\n\n(d) hydrotherapy;\n\n(e) exercise;\n\n(f) paddling;\n\n(g) wading;\n\n***the Act*** means the **Public Health and Wellbeing Act 2008**;\n\n***vaccine-preventable disease*** means a disease prescribed by regulation 106 to be a vaccine‑preventable disease;\n\n***water delivery system*** includes any shower plumbing, bath, pipes, water heaters, bathing facilities, water storage tanks or vehicle washing equipment used to store, deliver, transmit, treat or mix water;\n\n***Water Quality Guidelines*** means the Water quality guidelines for public aquatic facilities: Managing public health risks, as published by the Secretary on the Department's website from time to time.\n\n","sortOrder":4},{"sectionNumber":"Part 2","sectionType":"part","heading":"Prescribed senior officers","content":"Part 2—Prescribed senior officers\n\n","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Prescribed senior officers","content":"\t5 Prescribed senior officers\n\nFor the purposes of section 22(1)(b) of the Act, Senior Medical Advisors employed by the Department are prescribed senior officers.\n\n","sortOrder":6},{"sectionNumber":"Part 3","sectionType":"part","heading":"Consultative Councils","content":"Part 3—Consultative Councils\n\n","sortOrder":7},{"sectionNumber":"6","sectionType":"section","heading":"Meetings of Consultative Councils","content":"\t6 Meetings of Consultative Councils\n\nFor the purposes of section 35 of the Act—\n\n  (a)  meetings of a Consultative Council must be held at least every 3 months; and\n\n  (b)  the date and time of a meeting of a Consultative Council must be fixed—\n\n  (i)  by resolution of the Consultative Council; or\n\n  (ii)  if no date and time is fixed by resolution, by the Chairperson.\n\n","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":"Quorum of Consultative Council meetings","content":"\t7 Quorum of Consultative Council meetings\n\nFor the purposes of section 35 of the Act—\n\n  (a)  the quorum for meetings of a Consultative Council is more than 50 percent of the number of members of the Consultative Council; and\n\n  (b)  the quorum for meetings of a Consultative Council sub-committee is more than 50 percent of the members of the Consultative Council sub-committee.\n\n","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Fees payable to members of a Consultative Council or Consultative Council sub-committee","content":"\t8 Fees payable to members of a Consultative Council or Consultative Council sub-committee\n\nFor the purpose of section 233(e) of the Act, the fees payable to an eligible member of a Consultative Council or eligible member of a Consultative Council sub-committee are—\n\n  (a)  20 fee units for every half day; or\n\n  (b)  40 fee units for every full day.\n\nReg. 9 amended by S.R. No. 14/2022 reg. 5.\n\n","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Prescribed Consultative Council","content":"\t9 Prescribed Consultative Council\n\nFor the purposes of Division 2 of Part 4 of the Act, the Victorian Perioperative Consultative Council is a prescribed Consultative Council.\n\n","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Persons to whom a prescribed Consultative Council may provide certain information","content":"\t10 Persons to whom a prescribed Consultative Council may provide certain information\n\nFor the purposes of section 41(1)(k) of the Act, the following persons are prescribed—\n\n  (a)  the Australian Institute of Health and Welfare established by section 4 of the Australian Institute of Health and Welfare Act 1987 of the Commonwealth;\n\n  (b)  the Registrar of Births, Deaths and Marriages employed in accordance with section 5 of the **Births, Deaths and Marriages Registration Act 1996**.\n\n","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Information for research","content":"\t11 Information for research\n\n(1) This regulation applies, in the case of—\n\n  (a)  CCOPMM, for the purpose of carrying out its functions under section 46 of the Act; or\n\n  (b)  a prescribed Consultative Council, for the purpose of carrying out its functions under section 38 of the Act.\n\n(2) If this regulation applies, a Consultative Council may make available to researchers any information—\n\n  (a)  approved by CCOPMM, and collected by the perinatal data collection unit conducted by CCOPMM for the purpose of section 46(1) of the Act; and\n\n  (b)  that is not capable of establishing the identity of any person in respect of whom information has been collected.\n\n(3) Despite subregulation (2), information that identifies a person may be given by the Consultative Council to a researcher—\n\n(a) if written permission has been given by the person identified in the document; and\n\n(b) if possible, written permission has been given by either the medical practitioner or midwife who was in attendance at the birth; and\n\n(c) where the birth occurred in a health service, written permission has been given by the chief executive officer or proprietor of the health service.\n\n","sortOrder":13},{"sectionNumber":"12","sectionType":"section","heading":"Time to provide birth report","content":"\t12 Time to provide birth report\n\nFor the purposes of section 48 of the Act, the prescribed period is 30 days after the birth.\n\n","sortOrder":14},{"sectionNumber":"Part 4","sectionType":"part","heading":"Vector-borne infectious disease control","content":"Part 4—Vector-borne infectious disease control\n\n","sortOrder":15},{"sectionNumber":"13","sectionType":"section","heading":"Purpose of this Part","content":"\t13 Purpose of this Part\n\nThe purpose of this Part is to control disease vectors and conditions on premises—\n\n(a) to prevent, abate or eradicate the nuisance arising from disease vectors; and\n\n(b) to prevent, abate or eradicate the transmission of infectious disease by disease vectors.\n\n","sortOrder":16},{"sectionNumber":"14","sectionType":"section","heading":"Definition","content":"\t14 Definition\n\nIn this Part, ***conditions*** means artificial, natural, permanent or temporary conditions.\n\n","sortOrder":17},{"sectionNumber":"Div 1","sectionType":"division","heading":"Mosquito control","content":"Division 1—Mosquito control\n\n","sortOrder":18},{"sectionNumber":"15","sectionType":"section","heading":"Duty to control mosquito breeding grounds","content":"\t15 Duty to control mosquito breeding grounds\n\nAn owner or occupier of premises must take reasonable steps to—\n\n(a) control any mosquito breeding ground on the premises; and\n\n(b) abate any conditions on the premises that are conducive to the establishment of a mosquito breeding ground.\n\n**Example**\n\nWater accumulating on premises is conducive to the establishment of a mosquito breeding ground.\n\n","sortOrder":19},{"sectionNumber":"16","sectionType":"section","heading":"Direction by authorised officer appointed by Council","content":"\t16 Direction by authorised officer appointed by Council\n\n(1) An authorised officer appointed by a Council may give a direction under subregulation (2) to an owner or occupier of premises if the authorised officer believes on reasonable grounds that—\n\n(a) there is a mosquito breeding ground on the premises; or\n\n(b) conditions on the premises may lead to the establishment of a mosquito breeding ground.\n\n(2) The authorised officer may direct an owner or occupier of premises to do all or any of the following—\n\n(a) take specified steps to control any mosquito breeding ground on the premises;\n\n(b) take specified steps to control the adult mosquito population on the premises;\n\n(c) take specified steps to abate any conditions on the premises that are conducive to the establishment of a mosquito breeding ground.\n\n(3) A direction may be given by an authorised officer either orally or in writing.\n\n(4) If an authorised officer gives a direction orally, it must be confirmed in writing as soon as reasonably practicable.\n\n(5) A person to whom a direction is given under subregulation (2) must comply with the direction.\n\n","sortOrder":20},{"sectionNumber":"17","sectionType":"section","heading":"Direction by any other authorised officer","content":"\t17 Direction by any other authorised officer\n\n(1) An authorised officer, other than an authorised officer appointed by a Council, may give a direction under subregulation (2) to an owner or occupier of premises if the authorised officer believes on reasonable grounds that—\n\n(a) there is a mosquito breeding ground on the premises; or\n\n(b) conditions on the premises are conducive to the establishment of a mosquito breeding ground.\n\n(2) The authorised officer may direct an owner or occupier of premises to do all or any of the following—\n\n(a) take specified steps to control any mosquito breeding ground on the premises;\n\n(b) take specified steps to control the adult mosquito population on the premises;\n\n(c) take specified steps to abate any conditions on the premises that are conducive to the establishment of a mosquito breeding ground.\n\n(3) A direction may be given by an authorised officer either orally or in writing.\n\n(4) If an authorised officer gives a direction orally, it must be confirmed in writing as soon as reasonably practicable.\n\n(5) A person to whom a direction is given under subregulation (2) must comply with the direction.\n\n","sortOrder":21},{"sectionNumber":"Div 2","sectionType":"division","heading":"Control of disease vectors other than mosquitoes","content":"Division 2—Control of disease vectors other than mosquitoes\n\n","sortOrder":22},{"sectionNumber":"18","sectionType":"section","heading":"Division does not apply in relation to mosquitoes","content":"\t18 Division does not apply in relation to mosquitoes\n\nThis Division does not apply in relation to mosquitoes.\n\n","sortOrder":23},{"sectionNumber":"19","sectionType":"section","heading":"Notice by Chief Health Officer","content":"\t19 Notice by Chief Health Officer\n\n(1) The Chief Health Officer may issue a disease vector control notice if the Chief Health Officer is satisfied that a material risk to public health exists from a disease vector.\n\n(2) A disease vector control notice must—\n\n(a) be in writing; and\n\n(b) specify the disease vector or vectors to which it relates; and\n\n(c) specify the municipal district or districts to which it relates; and\n\n(d) specify control measures that may be required to reduce the risk to public health.\n\n(3) The control measures may include—\n\n(a) the abatement of any conditions on premises conducive to any of the following—\n\n(i) harbouring a disease vector;\n\n(ii) breeding of a disease vector;\n\n(iii) food sources for a disease vector;\n\n(iv) transmission of an infectious disease to humans by a disease vector; and\n\n(b) the elimination or eradication of disease vectors on premises.\n\n(4) The Chief Health Officer may issue a notice revoking a disease vector control notice if the Chief Health Officer is satisfied the material risk to public health addressed by the notice has ceased.\n\n(5) A disease vector control notice ceases to have effect when it is revoked or at the end of 6 months after it is made, whichever is earlier.\n\n(6) The Chief Health Officer must give a copy of the notice to the Secretary and the Council of each municipal district to which it relates.\n\n","sortOrder":24},{"sectionNumber":"20","sectionType":"section","heading":"Direction by authorised officer appointed by Council","content":"\t20 Direction by authorised officer appointed by Council\n\n(1) This regulation applies if the Chief Health Officer has issued a disease vector control notice in relation to a municipal district.\n\n(2) An authorised officer appointed by the Council may give a direction under subregulation (3) to an owner or occupier of premises in the municipal district if the authorised officer believes on reasonable grounds that any of the control measures specified in the disease vector control notice are required to reduce the risk to public health identified in the disease vector notice.\n\n(3) The authorised officer may direct an owner or occupier of premises to do all or any of the following—\n\n(a) abate any conditions on premises conducive to any of the following—\n\n(i) harbouring the disease vector;\n\n(ii) breeding of the disease vector;\n\n(iii) food sources for the disease vector;\n\n(iv) transmission of an infectious disease to humans by the disease vector;\n\n(b) take the steps specified in the direction to eliminate or eradicate the disease vector on the premises.\n\n(4) A direction may be given by an authorised officer either orally or in writing.\n\n(5) If an authorised officer gives a direction orally, it must be confirmed in writing as soon as reasonably practicable.\n\n(6) A person to whom a direction is given under subregulation (3) must comply with the direction.\n\n","sortOrder":25},{"sectionNumber":"21","sectionType":"section","heading":"Direction by any other authorised officer","content":"\t21 Direction by any other authorised officer\n\n(1) This regulation applies if the Chief Health Officer has issued a disease vector control notice in relation to a municipal district.\n\n(2) An authorised officer, other than an authorised officer appointed by the Council, may give a direction under subregulation (3) to an owner or occupier of premises in the municipal district if the authorised officer believes on reasonable grounds that any of the control measures specified in the disease vector control notice are required to reduce the risk to public health identified in the disease vector notice.\n\n(3) The authorised officer may direct an owner or occupier of premises to do all or any of the following—\n\n(a) abate any conditions on premises conducive to any of the following—\n\n(i) harbouring the disease vector;\n\n(ii) breeding of the disease vector;\n\n(iii) food sources for the disease vector;\n\n(iv) transmission of an infectious disease to humans by the disease vector;\n\n(b) take the steps specified in the direction to eliminate or eradicate the disease vector on the premises.\n\n(4) A direction may be given by an authorised officer either orally or in writing.\n\n(5) If an authorised officer gives a direction orally, it must be confirmed in writing as soon as reasonably practicable.\n\n(6) A person to whom a direction is given under subregulation (3) must comply with the direction.\n\nPart 5—Registration of certain business premises\n\nDivision 1—Preliminary\n\n\t22 Purpose\n\nThe purpose of this Part is to provide for the registration of premises (other than prescribed accommodation) for the purposes of Divisions 3 and 4 of Part 6 of the Act.\n\n","sortOrder":26},{"sectionNumber":"23","sectionType":"section","heading":"Prescribed business","content":"\t23 Prescribed business\n\nFor the purposes of section 68(f) of the Act, the business of operating a category 1 aquatic facility is a prescribed business.\n\n","sortOrder":27},{"sectionNumber":"24","sectionType":"section","heading":"Exempt businesses","content":"\t24 Exempt businesses\n\n(1) For the purposes of section 69(2) of the Act, the following businesses and classes of businesses are prescribed to be exempt—\n\n(a) the practice of—\n\n(i) a person registered in the acupuncturists' division of the register kept by the Chinese Medicine Board of Australia under the Health Practitioner Regulation National Law; or\n\n(ii) a registered health practitioner whose registration is endorsed by a National Board as being qualified to practise as an acupuncturist under the Health Practitioner Regulation National Law;\n\n(b) the practice of a person registered under the Health Practitioner Regulation National Law to practise in the chiropractic profession (other than as a student);\n\n(c) the practice of a person registered under the Health Practitioner Regulation National Law—\n\n(i) to practise in the dental profession as a dentist (other than as a student); and\n\n(ii) in the dentists division of that profession;\n\n(d) the practice of a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);\n\n(e) the practice of a person registered under the Health Practitioner Regulation National Law to practise in the nursing or midwifery profession as a nurse or a midwife (other than as a student);\n\n(f) the practice of a person registered under the Health Practitioner Regulation National Law to practise in the osteopathy profession (other than as a student);\n\n(g) the practice of a person registered under the Health Practitioner Regulation National Law to practise in the physiotherapy profession (other than as a student);\n\n(h) the practice of a person registered under the Health Practitioner Regulation National Law to practise in the pharmacy profession (other than as a student);\n\n(i) the practice of a person registered under the Health Practitioner Regulation National Law to practise in the podiatry profession (other than as a student);\n\n(j) the business of a collection centre for which approval has been granted under section 23DNBA of the Health Insurance Act 1973 of the Commonwealth;\n\n(k) the business of a service where human tissue, human fluids or human body products are subjected to analysis for the purposes of the prevention, diagnosis or treatment of disease in human beings and that is not primarily a pathology service;\n\n(l) the business of a mobile hairdresser, except in relation to the principal place of business of the hairdresser;\n\n(m) the business of a mobile beauty therapist, except in relation to the principal place of business of the mobile beauty therapist;\n\n(n) the business of a mobile cosmetic application service, provided the service does not involve skin penetration or tattooing, except in relation to the principal place of business of the mobile cosmetic application service;\n\n(o) the business of a public hospital, denominational hospital, private hospital, privately-operated hospital, public health service, day procedure centre, multi purpose service or registered community health centre, within the meaning of section 3(1) of the **Health Services Act 1988**.\n\n(2) Subregulation (1)(o) does not apply to the extent that the business relates to the operation of a category 1 aquatic facility.\n\nDivision 2—Registered premises other than premises of category 1 aquatic facilities\n\n","sortOrder":28},{"sectionNumber":"25","sectionType":"section","heading":"Application of Division","content":"\t25 Application of Division\n\nThis Division applies to the registration of premises and registered premises under Divisions 3 and 4 of Part 6 of the Act other than the premises on which category 1 aquatic facilities are located.\n\n","sortOrder":29},{"sectionNumber":"26","sectionType":"section","heading":"Applications for issue of registration of premises","content":"\t26 Applications for issue of registration of premises\n\nFor the purpose of section 71(c) of the Act, the prescribed particulars for an application for the issue of a registration of premises to which this Division applies are—\n\n(d) the class or classes of business to be conducted at the premises; and\n\n(e) the address of the premises.\n\n","sortOrder":30},{"sectionNumber":"27","sectionType":"section","heading":"Applications for transfer of registration of premises","content":"\t27 Applications for transfer of registration of premises\n\nFor the purpose of section 71(c) of the Act, the prescribed particulars for an application for the transfer of registration of premises to which this Division applies are—\n\n(d) the class or classes of business conducted at the premises; and\n\n(e) the address of the premises; and\n\n(f) the date of registration; and\n\n(g) the registration number; and\n\n(h) any conditions on the registration; and\n\n(i) the name and address of the person to whom the registration is to be transferred.\n\n","sortOrder":31},{"sectionNumber":"28","sectionType":"section","heading":"Applications for renewal of registration of premises","content":"\t28 Applications for renewal of registration of premises\n\nFor the purpose of section 71(c) of the Act, the prescribed particulars for an application for the renewal of registration of premises to which this Division applies are—\n\n(d) the class or classes of business conducted at the premises; and\n\n(e) the address of the premises; and\n\n(f) the date of registration; and\n\n(g) the registration number; and\n\n(h) details of any renewals of registration; and\n\n(i) any conditions on the registration.\n\n","sortOrder":32},{"sectionNumber":"29","sectionType":"section","heading":"Condition of registered premises","content":"\t29 Condition of registered premises\n\nThe proprietor or occupier of premises where a registered premises is located must ensure that the premises are kept in a clean, sanitary and hygienic condition.\n\n","sortOrder":33},{"sectionNumber":"30","sectionType":"section","heading":"Condition of skin penetrating equipment intended to be used at registered premises","content":"\t30 Condition of skin penetrating equipment intended to be used at registered premises\n\nThe proprietor or occupier of premises where a registered premises is located must ensure that an article intended to be used for penetrating the skin of a person is sterile at the time of use.\n\n","sortOrder":34},{"sectionNumber":"31","sectionType":"section","heading":"Condition of skin penetrating equipment after use at registered premises","content":"\t31 Condition of skin penetrating equipment after use at registered premises\n\n(1) The proprietor or occupier of premises where a registered premises is located must ensure that an article that has penetrated the skin of a person or is contaminated with blood is—\n\n(a) destroyed or disposed of as soon as practicable in a manner that prevents the infection of any other person; or\n\n(b) sterilised in accordance with subregulation (2) before it is used on any other person.\n\n(2) An article is sterilised for the purposes of subregulation (1)(b) if the article has been—\n\n(a) thoroughly cleaned and rinsed, then sterilised by the use of steam under pressure—\n\n(i) at 121°C for 15 minutes at a pressure of 103 kilopascals; or\n\n(ii) at 126°C for 10 minutes at a pressure of 138 kilopascals; or\n\n(iii) at 132°C for 4 minutes at a pressure of 186 kilopascals; or\n\n(iv) at 134°C for 3 minutes at a pressure of 203 kilopascals; or\n\n(b) thoroughly cleaned and rinsed, then sterilised by the use of dry heat—\n\n(i) at 160°C for a minimum of 120 minutes; or\n\n(ii) at 180°C for a minimum of 60 minutes; or\n\n(c) taken from a sealed container that bears a label stating that the contents are sterile.\n\n","sortOrder":35},{"sectionNumber":"32","sectionType":"section","heading":"Condition of other articles used at registered premises","content":"\t32 Condition of other articles used at registered premises\n\nThe proprietor or occupier of premises where a registered premises is located must ensure that an article is clean before it is used on a person.\n\n","sortOrder":36},{"sectionNumber":"33","sectionType":"section","heading":"Personal service hygiene at registered premises","content":"\t33 Personal service hygiene at registered premises\n\nThe proprietor or occupier of premises where a registered premises is located must ensure that, before a personal service is carried out on another person, each person who will carry out the personal service—\n\n(a) is in a clean condition, including their hands; and\n\n(b) has no exposed cuts, abrasions or wounds; and\n\n(c) uses drinking water, if water is to be used to carry out the personal service.\n\n","sortOrder":37},{"sectionNumber":"34","sectionType":"section","heading":"Hand washing facilities at registered premises","content":"\t34 Hand washing facilities at registered premises\n\nThe proprietor or occupier of premises where a registered premises is located must ensure that accessible hand washing facilities are available for use by staff.\n\n","sortOrder":38},{"sectionNumber":"35","sectionType":"section","heading":"Information to be provided to clients—tattooing, ear piercing, body piercing and other skin penetration processes","content":"\t35 Information to be provided to clients—tattooing, ear piercing, body piercing and other skin penetration processes\n\n(1) This regulation applies to registered premises where a business is conducted that provides tattooing, ear piercing, body piercing or any other process involving skin penetration.\n\n(2) The proprietor or occupier of premises where a registered premises is located must ensure that, before the process is carried out on another person, written information in the form approved by the Secretary for the class of business registered for the premises is provided directly to the person about the risks and safeguards associated with the process.\n\n(3) The Secretary may approve forms for the purposes of subregulation (2).\n\n(4) The Secretary must publish the forms approved under subregulation (3) in the Government Gazette.\n\n","sortOrder":39},{"sectionNumber":"36","sectionType":"section","heading":"Information to be kept—premises that conduct tattooing, body piercing or other skin penetration process","content":"\t36 Information to be kept—premises that conduct tattooing, body piercing or other skin penetration process\n\n(1) The proprietor or occupier of registered premises where a business is conducted that provides tattooing, body piercing or any other process involving skin penetration must ensure that the name, address and telephone number of each client is recorded and stored at the registered premises for a period of 12 months following the date of the last tattooing or body piercing or skin penetration procedure on the client at the premises.\n\n(2) This regulation does not apply to—\n\n(a) ear piercing; or\n\n(b) dry needling.\n\n","sortOrder":40},{"sectionNumber":"37","sectionType":"section","heading":"Advertising and registered premises","content":"\t37 Advertising and registered premises\n\nA proprietor or occupier of premises where a registered premises is located must not state or permit to be stated in any advertisement, notice or sign issued or put up in relation to the business conducted on those premises, that the premises were registered or approved for any class of business other than that set out on the certificate of registration.\n\n","sortOrder":41},{"sectionNumber":"38","sectionType":"section","heading":"Notice to be displayed at registered premises","content":"\t38 Notice to be displayed at registered premises\n\n(1) A proprietor or occupier of premises where a registered premises is located must ensure that a notice in the form approved by the Secretary about the scope of registration for the class of business registered for the premises is displayed in a prominent position in the entry to the business conducted on those premises.\n\n(2) The Secretary may approve forms for the purposes of subregulation (1).\n\n(3) The Secretary must publish the forms approved under subregulation (2) in the Government Gazette.\n\n","sortOrder":42},{"sectionNumber":"39","sectionType":"section","heading":"Prescribed condition of registration","content":"\t39 Prescribed condition of registration\n\nFor the purposes of section 75(1)(c) of the Act, it is a prescribed condition on the registration of all premises required to be registered under section 69 of the Act on which a business involving tattooing or body piercing or other form of skin penetration is conducted, that a person required to keep records under regulation 36 must take reasonable steps to protect the information in the records.\n\nDivision 3—Aquatic facilities\n\nSubdivision 1—Registration of category 1 aquatic facilities\n\n\t40 Application of Division\n\nThis Division applies to the registration of premises and registered premises under Divisions 3 and 4 of Part 6 of the Act in which category 1 aquatic facilities are located.\n\n","sortOrder":43},{"sectionNumber":"41","sectionType":"section","heading":"Applications for issue of registration of premises","content":"\t41 Applications for issue of registration of premises\n\nFor the purpose of section 71(c) of the Act, the prescribed particulars for an application for the issue of a registration of premises to which this Division applies are—\n\n(e) the number of aquatic facilities located at the premises; and\n\n(f) a description of each aquatic facility located at the premises; and\n\n(g) a statement as to whether a current water quality risk management plan exists for each aquatic facility located at the premises.\n\n","sortOrder":44},{"sectionNumber":"42","sectionType":"section","heading":"Applications for transfer of registration of premises","content":"\t42 Applications for transfer of registration of premises\n\nFor the purpose of section 71(c) of the Act, the prescribed particulars for an application for the transfer of registration of premises to which this Division applies are—\n\n(e) the date of registration; and\n\n(f) the registration number; and\n\n(g) any conditions on the registration; and\n\n(h) the name and address of the person to whom the registration is to be transferred; and\n\n(i) the number of aquatic facilities located at the premises; and\n\n(j) a description of each aquatic facility located at the premises; and\n\n(k) a statement as to whether a current water quality risk management plan exists for each aquatic facility located at the premises.\n\n","sortOrder":45},{"sectionNumber":"43","sectionType":"section","heading":"Applications for renewal of registration of premises","content":"\t43 Applications for renewal of registration of premises\n\nFor the purpose of section 71(c) of the Act, the prescribed particulars for an application for the renewal of registration of premises to which this Division applies are—\n\n(e) the date of registration; and\n\n(f) the registration number; and\n\n(g) details of any renewals of registration; and\n\n(h) any conditions on the registration; and\n\n(i) the number of aquatic facilities located at the premises; and\n\n(j) a description of each aquatic facility located at the premises; and\n\n(k) a statement as to whether a current water quality risk management plan exists for each aquatic facility located at the premises.\n\n","sortOrder":46},{"sectionNumber":"44","sectionType":"section","heading":"Prescribed conditions of registration","content":"\t44 Prescribed conditions of registration\n\nFor the purposes of section 75(1)(c) of the Act, it is a prescribed condition on the registration of premises in which category 1 aquatic facilities are located that the registration holder ensures that the standards and requirements for a category 1 aquatic facility set out in Subdivision 2 are complied with.\n\n","sortOrder":47},{"sectionNumber":"Subdiv 2","sectionType":"subdivision","heading":"General duties of aquatic facility operator","content":"Subdivision 2—General duties of aquatic facility operator\n\n","sortOrder":48},{"sectionNumber":"45","sectionType":"section","heading":"Purpose","content":"\t45 Purpose\n\nThe purpose of this Subdivision is to prescribe standards and requirements for the operation of—\n\n(a) category 1 aquatic facilities; and\n\n(b) category 2 aquatic facilities.\n\n","sortOrder":49},{"sectionNumber":"46","sectionType":"section","heading":"Duty to minimise risks","content":"\t46 Duty to minimise risks\n\nAn aquatic facility operator must manage the risks to human health arising from pathogenic micro-organisms in the water in the aquatic facility in accordance with these Regulations and the Water Quality Guidelines.\n\n","sortOrder":50},{"sectionNumber":"47","sectionType":"section","heading":"Duty to maintain and test","content":"\t47 Duty to maintain and test\n\nAn aquatic facility operator must ensure that the water in the aquatic facility is maintained and tested in the manner set out in this Subdivision.\n\n","sortOrder":51},{"sectionNumber":"48","sectionType":"section","heading":"Chemical testing","content":"\t48 Chemical testing\n\nAn aquatic facility operator must ensure that, immediately before the aquatic facility is in operation and while the facility is in operation, the water in the aquatic facility is tested as follows—\n\n(a) at 4-hourly intervals for—\n\n(i) free chlorine and total chlorine (if chlorine is used to treat the water); and\n\n(ii) free bromine and total bromine (if bromine is used to treat the water); and\n\n(iii) pH;\n\n(b) at weekly intervals for total alkalinity;\n\n(c) at monthly intervals for cyanuric acid (if cyanuric acid is used to treat the water).\n\n","sortOrder":52},{"sectionNumber":"49","sectionType":"section","heading":"Microbiological quality of aquatic facility water","content":"\t49 Microbiological quality of aquatic facility water\n\nAn aquatic facility operator must ensure that while the facility is in operation the microbiological standard of the water in the aquatic facility is maintained within the following parameters—\n\n(a) the heterotrophic colony count is less than 100 colony forming units per millilitre;\n\n(b) *Escherichia coli* is not detected in 100 millilitres;\n\n(c) *Pseudomonas aeruginosa* is not detected in 100 millilitres.\n\n","sortOrder":53},{"sectionNumber":"50","sectionType":"section","heading":"Condition of aquatic facilities","content":"\t50 Condition of aquatic facilities\n\nAn aquatic facility operator must ensure that an aquatic facility is kept in a clean, sanitary and hygienic condition.\n\n","sortOrder":54},{"sectionNumber":"51","sectionType":"section","heading":"Clarity of aquatic facility water","content":"\t51 Clarity of aquatic facility water\n\nAn aquatic facility operator must ensure that the water in the aquatic facility is maintained in a clear condition so that the floor of the aquatic facility or any lane marking or object placed on the floor of the aquatic facility is clearly visible when viewed from any side of the aquatic facility.\n\n","sortOrder":55},{"sectionNumber":"52","sectionType":"section","heading":"Temperature","content":"\t52 Temperature\n\nAn aquatic facility operator must ensure that the water in the aquatic facility does not exceed 40 degrees Celsius.\n\n","sortOrder":56},{"sectionNumber":"53","sectionType":"section","heading":"Filtering","content":"\t53 Filtering\n\nAn aquatic facility operator must ensure that the water in the aquatic facility is filtered so that all visible extraneous matter is removed from the water.\n\n","sortOrder":57},{"sectionNumber":"54","sectionType":"section","heading":"Treatment of aquatic facility water","content":"\t54 Treatment of aquatic facility water\n\n(1) An aquatic facility operator of an aquatic facility specified in subregulation (7) or an aquatic facility that is a spa pool must treat the aquatic facility with a chlorine based disinfectant or a bromine based disinfectant.\n\n(2) If an aquatic facility specified in subregulation (7) is treated with a chlorine based disinfectant and cyanuric acid is not used in the water, the aquatic facility operator must ensure that the water in the facility—\n\n(a) contains a minimum of 1 mg per litre of free chlorine; and\n\n(3) If an aquatic facility specified in subregulation (7) is treated with a chlorine based disinfectant and cyanuric acid is used in the water, the aquatic facility operator must ensure that the water in the facility—\n\n(a) contains a minimum of 2 mg per litre of free chlorine; and\n\n(4) An aquatic facility operator of an aquatic facility that is a spa pool which is treated with a chlorine based disinfectant must ensure that the water in the facility—\n\n(a) contains a minimum of 3 mg per litre of free chlorine; and\n\n(5) An aquatic facility operator of an aquatic facility specified in subregulation (7) which is treated with a bromine based disinfectant must ensure that the water in the facility—\n\n(a) contains a minimum of 2 mg per litre of free bromine; and\n\n(b) contains a maximum of 8 mg per litre of total bromine; and\n\n(c) has a pH between 7·2 and 8·0.\n\n(6) An aquatic facility operator of an aquatic facility that is a spa pool which is treated with a bromine based disinfectant must ensure that the water in the facility—\n\n(a) contains a minimum of 6 mg per litre of free bromine; and\n\n(b) contains a maximum of 8 mg per litre of total bromine; and\n\n(c) has a pH between 7·2 and 8·0.\n\n(7) For the purposes of subregulations (1), (2), (3) and (5) the aquatic facilities are—\n\n(a) a swimming pool; or\n\n(b) an interactive water feature.\n\n","sortOrder":58},{"sectionNumber":"55","sectionType":"section","heading":"Cyanuric acid level","content":"\t55 Cyanuric acid level\n\n(1) This regulation applies if cyanuric acid is used to treat the water in an aquatic facility.\n\n(2) The aquatic facility operator must ensure that the level of cyanuric acid in the water in the aquatic facility does not exceed 100 mg/L.\n\n","sortOrder":59},{"sectionNumber":"56","sectionType":"section","heading":"Total alkalinity level","content":"\t56 Total alkalinity level\n\nAn aquatic facility operator must ensure that the total alkalinity level in the water in the aquatic facility is maintained above 60 mg/L.\n\n","sortOrder":60},{"sectionNumber":"57","sectionType":"section","heading":"Combined chlorine","content":"\t57 Combined chlorine\n\nAn aquatic facility operator must ensure that the combined chlorine of the water in the aquatic facility is—\n\n(a) at all times less than the free chlorine residual; and\n\n(b) measured to be less than 1 mg/L at least once in every 24 hours period.\n\n","sortOrder":61},{"sectionNumber":"58","sectionType":"section","heading":"Aquatic facility that is suspected or implicated as the source of infection","content":"\t58 Aquatic facility that is suspected or implicated as the source of infection\n\n(1) The Secretary or an authorised officer must provide written notice to an aquatic facility operator if the water in the aquatic facility is suspected or implicated as the source of infection in a case or outbreak of a pathogenic micro-organism.\n\n(2) The aquatic facility operator must ensure that a sample of water from the aquatic facility is taken and tested in accordance with any directions specified in a notice provided under subregulation (1).\n\n(3) The aquatic facility operator of an aquatic facility that is suspected or implicated as the source of infection in a case or outbreak of a pathogenic micro-organism must ensure that the aquatic facility is treated in accordance with any reasonable directions given by the Secretary or an authorised officer.\n\n","sortOrder":62},{"sectionNumber":"59","sectionType":"section","heading":"Procedure for responding to non-compliance with microbiological parameters","content":"\t59 Procedure for responding to non-compliance with microbiological parameters\n\n(1) This regulation applies if an aquatic facility operator is notified by an initial laboratory report that any sample of water taken from the aquatic facility does not comply with the microbiological parameters set out in regulation 49.\n\n(2) Within 24 hours of receiving a notification, the aquatic facility operator must ensure that the following procedure is implemented—\n\n(a) corrective action is taken to bring the water quality within the microbiological parameters set out in regulation 49;\n\n(b) any water quality risk management plan required under the Water Quality Guidelines that is in place for the aquatic facility is reviewed;\n\n(c) any faults are corrected;\n\n(d) any changes necessary to prevent a re‑occurrence of those faults is implemented.\n\n(3) Within 48 hours of receiving a notification, the aquatic facility operator must ensure that a further sample of water is taken from the aquatic facility and provided to a laboratory to assess compliance with the microbiological parameters set out in regulation 49.\n\n(4) Within 24 hours of receiving a report from a laboratory with the results of the testing undertaken in accordance with subregulation (3), the aquatic facility operator must notify the Council of the test results.\n\n(5) If a laboratory has tested a further sample of water in accordance with subregulation (3) and reports that the sample of water does not meet the microbiological parameters set out in regulation 49, the aquatic facility operator must ensure that the steps set out in subregulations (2) to (4) are repeated within 24 hours of receiving the laboratory report.\n\n(6) If a laboratory has tested a further sample of water in accordance with subregulation (5) and reports that the sample of water does not meet the microbiological parameters set out in regulation 49, the aquatic facility operator must ensure the aquatic facility is closed and not operated until the water in the aquatic facility complies with the microbiological parameters set out in regulation 49.\n\n(7) Within 24 hours of closing the aquatic facility, the aquatic facility operator must notify the Council in writing of the closure.\n\n","sortOrder":63},{"sectionNumber":"60","sectionType":"section","heading":"Offence to tamper with sample of aquatic facility water","content":"\t60 Offence to tamper with sample of aquatic facility water\n\nA person must not tamper with a sample of water that is taken from an aquatic facility and provided to a laboratory for testing under regulation 58 or 59.\n\n","sortOrder":64},{"sectionNumber":"61","sectionType":"section","heading":"Requirement to keep aquatic facility records","content":"\t61 Requirement to keep aquatic facility records\n\n(1) An aquatic facility operator must ensure that the following written records are kept in respect of an aquatic facility—\n\n(a) details of all results of tests and monitoring required under this Division;\n\n(b) all corrective activities undertaken in relation to the water in the aquatic facility.\n\n(2) An aquatic facility operator must keep each written record referred to in subregulation (1) for 12 months from the date the record was made.\n\n**Note**\n\nIt is an offence under section 210(1) of the Act to give false or misleading information or produce a document that is false or misleading to the Secretary or an authorised officer.\n\nPart 6—Regulatory provisions administered by the Secretary\n\nDivision 1—Cooling tower systems\n\n\t62 Meaning of responsible person\n\nIn this Division, ***responsible person*** means a person who owns, manages or controls a cooling tower system.\n\n","sortOrder":65},{"sectionNumber":"63","sectionType":"section","heading":"Obligations to maintain and test cooling tower systems","content":"\t63 Obligations to maintain and test cooling tower systems\n\n(1) A responsible person must ensure that a cooling tower system is maintained and tested in the manner set out in this Division.\n\n(2) The maintenance and testing obligations set out in this Division do not apply to a cooling tower system that is shut down or otherwise not in use.\n\n","sortOrder":66},{"sectionNumber":"64","sectionType":"section","heading":"Applications to register or renew registration of a cooling tower system—prescribed fees","content":"\t64 Applications to register or renew registration of a cooling tower system—prescribed fees\n\nFor the purposes of section 81(2)(b)(ii) of the Act, the prescribed fee for an application to register or renew the registration of a cooling tower system is the amount calculated by multiplying the number of cooling towers in the cooling tower system by the number of fee units applicable for each period of registration—\n\n(a) one year, 7·5 fee units; or\n\n(b) 2 years, 14 fee units; or\n\n(c) 3 years, 20·5 fee units.\n\n","sortOrder":67},{"sectionNumber":"65","sectionType":"section","heading":"Secretary may waive fees for registration or renewal of registration of a cooling tower system","content":"\t65 Secretary may waive fees for registration or renewal of registration of a cooling tower system\n\nFor the purposes of synchronising periods of registration, the Secretary may waive the fee or part of a fee for an application to register or renew registration of a cooling tower system.\n\n","sortOrder":68},{"sectionNumber":"66","sectionType":"section","heading":"Risks to be addressed in cooling tower system risk management plans","content":"\t66 Risks to be addressed in cooling tower system risk management plans\n\nFor the purposes of section 91(2)(a) of the Act, risk management plans for cooling tower systems must address the risks associated with—\n\n(a) stagnant water, including the lack of water recirculation in a cooling tower system and the presence of dead-end pipework and other fittings in a cooling tower system; and\n\n(b) the presence of nutrients and microbial growth, including—\n\n(i) the presence of biofilm, algae or protozoa in a cooling tower system; and\n\n(ii) water temperature within a range that will support rapid growth of micro-organisms in a cooling tower system; and\n\n(iii) the exposure of the water in a cooling tower system to direct sunlight; and\n\n(c) poor water quality, including the presence of solids, Legionella and high levels of other micro-organisms in a cooling tower system; and\n\n(d) deficiencies in a cooling tower system, including deficiencies in the physical design, condition or maintenance of the system; and\n\n(e) the location of, and access to, a cooling tower or cooling tower system, including the potential for environmental contamination of the system and the potential for people to be exposed to the aerosols of the system; and\n\n(f) any matters included in a report provided to the owner of the land for the purposes of section 92(2)(c) of the Act.\n\n","sortOrder":69},{"sectionNumber":"67","sectionType":"section","heading":"Documents to be inspected in conducting cooling tower system risk management plan audits","content":"\t67 Documents to be inspected in conducting cooling tower system risk management plan audits\n\nThe documents prescribed for the purposes of section 93(4) of the Act are—\n\n(a) the risk management plan prepared in accordance with Division 1 of Part 7 of the Act; and\n\n(b) records of all repair, maintenance and testing work carried out on the cooling tower system within the period to be audited by the auditor.\n\n","sortOrder":70},{"sectionNumber":"68","sectionType":"section","heading":"Treatment of cooling tower system water","content":"\t68 Treatment of cooling tower system water\n\nA responsible person must ensure that the recirculating water in a cooling tower system is continuously treated with—\n\n(a) one or more biocides to effectively control the growth of micro-organisms, including Legionella; and\n\n(b) chemicals or other agents to minimise scale formation, corrosion and fouling; and\n\n(c) a bio-dispersant.\n\n","sortOrder":71},{"sectionNumber":"69","sectionType":"section","heading":"Disinfection, cleaning and re-disinfection of cooling tower system","content":"\t69 Disinfection, cleaning and re-disinfection of cooling tower system\n\nImmediately prior to a cooling tower system being put into operation for the first time, or following any shut down period of greater than one month and at intervals not exceeding 6 months, a responsible person must ensure that—\n\n(a) a chlorine-compatible bio-dispersant is added to the recirculating water; and\n\n(b) the recirculating water is disinfected; and\n\n(c) the interior of each cooling tower in the cooling tower system is cleaned; and\n\n(d) the recirculating water is re-disinfected.\n\n","sortOrder":72},{"sectionNumber":"70","sectionType":"section","heading":"Routine service and testing obligations","content":"\t70 Routine service and testing obligations\n\n(1) A responsible person must ensure that a cooling tower system is serviced at least once each month to determine whether the cooling tower system is operating without defects.\n\n(2) A responsible person must ensure that at least once each month a sample of recirculating water is taken and provided to a laboratory to determine the heterotrophic colony count of the recirculating water.\n\n(3) A responsible person must ensure that at least once every 3 months a sample of recirculating water is taken and provided to a laboratory to test for Legionella.\n\n","sortOrder":73},{"sectionNumber":"71","sectionType":"section","heading":"Procedure for responding to detection of high heterotrophic colony count","content":"\t71 Procedure for responding to detection of high heterotrophic colony count\n\n(1) This regulation applies if—\n\n(a) a responsible person is notified by an initial laboratory report or the Secretary that the heterotrophic colony count of a sample of recirculating water taken from a cooling tower system exceeds 200 000 colony forming units per millilitre; and\n\n(b) the recirculating water has not been manually treated with additional quantities of biocide or with an alternative biocide during the period between the sample being taken and the notification.\n\n(2) Within 24 hours of receiving a notification, the responsible person must ensure that the following procedure is implemented—\n\n(a) the recirculating water is treated with additional quantities of biocide or with an alternative biocide;\n\n(b) the water treatment program, tower operation and maintenance program of the cooling tower system are reviewed;\n\n(c) any faults are corrected;\n\n(d) any changes necessary to prevent a re‑occurrence of those faults are implemented.\n\n(3) Between 2 and 7 days after receiving a notification, the responsible person must ensure that a further sample of the recirculating water is taken and provided to a laboratory to determine the heterotrophic colony count of the recirculating water.\n\n(4) Within 24 hours of receiving a report from a laboratory that a sample taken in accordance with subregulation (3) has a heterotrophic colony count exceeding 200 000 colony forming units per millilitre, the responsible person must ensure that the recirculating water is disinfected.\n\n(5) Between 2 and 7 days after the recirculating water has been disinfected in accordance with subregulation (4), the responsible person must ensure that a further sample of the recirculating water is taken and provided to a laboratory to determine the heterotrophic colony count of the recirculating water.\n\n(6) If a laboratory has tested a further sample of recirculating water in accordance with subregulation (5) and reports that the heterotrophic colony count of the sample still exceeds 200 000 colony forming units per millilitre, the responsible person must—\n\n(a) ensure that the disinfection and testing procedures set out in subregulations (4) and (5) are repeated until the heterotrophic colony count of the recirculating water does not exceed 200 000 colony forming units per millilitre in 2 consecutive recirculating water samples taken approximately one week apart; or\n\n","sortOrder":74},{"sectionNumber":"72","sectionType":"section","heading":"Alternate procedure for responding to detection of high heterotrophic colony count","content":"\t72 Alternate procedure for responding to detection of high heterotrophic colony count\n\n(1) This regulation applies if—\n\n(a) a responsible person is notified by an initial laboratory report or the Secretary that the heterotrophic colony count of a sample of recirculating water taken from a cooling tower system exceeds 200 000 colony forming units per millilitre; and\n\n(b) the recirculating water has been manually treated with additional quantities of biocide or with an alternative biocide during the period between the sample being taken and the notification.\n\n(2) Within 72 hours of receiving a notification, the responsible person must ensure that—\n\n(a) the water treatment program, tower operation and maintenance program of the cooling tower system are reviewed; and\n\n(b) any faults are corrected; and\n\n(c) any changes necessary to prevent a re-occurrence of those faults are implemented.\n\n(3) Within 7 days of receiving a notification, the responsible person must ensure that a further sample of the recirculating water is taken and provided to a laboratory to determine the heterotrophic colony count of the recirculating water.\n\n(4) Within 24 hours of receiving a report from a laboratory that a sample taken in accordance with subregulation (3) has a heterotrophic colony count exceeding 200 000 colony forming units per millilitre, the responsible person must ensure that the recirculating water is disinfected.\n\n(5) Between 2 and 7 days after the recirculating water has been disinfected in accordance with subregulation (4), the responsible person must ensure that a further sample of the recirculating water is taken and provided to a laboratory to determine the heterotrophic colony count of the recirculating water.\n\n(6) If a laboratory has tested a further sample of recirculating water in accordance with subregulation (5) and reports that the heterotrophic colony count of the sample still exceeds 200 000 colony forming units per millilitre, the responsible person must—\n\n(a) ensure that the disinfection and testing procedures set out in subregulations (4) and (5) are repeated until the heterotrophic colony count of the recirculating water does not exceed 200 000 colony forming units per millilitre in 2 consecutive recirculating water samples taken approximately one week apart; or\n\n","sortOrder":75},{"sectionNumber":"73","sectionType":"section","heading":"Procedure for responding to detection of Legionella","content":"\t73 Procedure for responding to detection of Legionella\n\n(1) This regulation applies if a responsible person is notified by an initial laboratory report or the Secretary that Legionella has been detected in a sample of recirculating water taken from a cooling tower system.\n\n(2) Within 24 hours of receiving a notification, the responsible person must ensure that—\n\n(a) the recirculating water is disinfected; and\n\n(b) the water treatment program, tower operation and maintenance program of the cooling tower system are reviewed; and\n\n(c) any faults are corrected; and\n\n(d) any changes necessary to prevent a re-occurrence of those faults are implemented.\n\n(3) Between 2 and 7 days after receiving a notification, the responsible person must ensure that a further sample of the recirculating water is taken and provided to a laboratory to test for Legionella.\n\n(4) Within 24 hours of receiving a report from a laboratory that Legionella has been detected in a sample taken in accordance with subregulation (3), the responsible person must ensure that the recirculating water is disinfected, the interior of each cooling tower in the cooling tower system is cleaned and the recirculating water is re-disinfected.\n\n(5) Between 2 and 7 days after the disinfection required by subregulation (4) has been completed, the responsible person must ensure that a further sample of the recirculating water is taken and provided to a laboratory to test for Legionella.\n\n(6) If a laboratory has tested a further sample of recirculating water in accordance with subregulation (5) and reports that Legionella has still been detected, the responsible person must—\n\n(a) ensure that the disinfection and testing procedures set out in subregulations (4) and (5) are repeated until Legionella is not detected in 2 consecutive recirculating water samples taken approximately one week apart; or\n\n","sortOrder":76},{"sectionNumber":"74","sectionType":"section","heading":"Requirement to report detections of high concentrations of Legionella to the Secretary","content":"\t74 Requirement to report detections of high concentrations of Legionella to the Secretary\n\n(1) If a laboratory has tested a sample of recirculating water in accordance with this Division and reports that the sample contains more than 1000 colony forming units per millilitre of Legionella, upon receiving the laboratory report the responsible person must notify the Secretary of the detection within 24 hours.\n\n(2) The Secretary may approve a form of notification for the purposes of subregulation (1).\n\n(3) The Secretary must publish the form approved under subregulation (2) in the Government Gazette.\n\n","sortOrder":77},{"sectionNumber":"75","sectionType":"section","heading":"Requirement to report 3 consecutive detections of Legionella to the Secretary","content":"\t75 Requirement to report 3 consecutive detections of Legionella to the Secretary\n\n(1) If a laboratory has tested samples of recirculating water in accordance with this Division and reported that Legionella has been detected in 3 consecutive samples, upon receiving the third laboratory report, the responsible person must notify the Secretary of the detections within 24 hours.\n\n(2) The Secretary may approve a form of notification for the purposes of subregulation (1).\n\n(3) The Secretary must publish the form approved under subregulation (2) in the Government Gazette.\n\n","sortOrder":78},{"sectionNumber":"76","sectionType":"section","heading":"Response to notification that cooling tower system is suspected or implicated as a source of infection","content":"\t76 Response to notification that cooling tower system is suspected or implicated as a source of infection\n\nIf the Secretary has notified a responsible person that a cooling tower system is suspected or implicated as the source of infection in a case or outbreak of Legionellosis, the responsible person must ensure that—\n\n(a) a sample of recirculating water is promptly taken and provided to a laboratory to test for Legionella; and\n\n(b) the cooling tower system is decontaminated in accordance with any reasonable directions given by the Secretary to the responsible person.\n\n","sortOrder":79},{"sectionNumber":"77","sectionType":"section","heading":"Offence to tamper with sample of recirculating water","content":"\t77 Offence to tamper with sample of recirculating water\n\nA person must not tamper with a sample of recirculating water that is taken and provided to a laboratory for testing in accordance with this Division.\n\n","sortOrder":80},{"sectionNumber":"78","sectionType":"section","heading":"Offence to falsify laboratory report","content":"\t78 Offence to falsify laboratory report\n\nA person must not falsify a laboratory report for any test undertaken in accordance with this Division.\n\n","sortOrder":81},{"sectionNumber":"79","sectionType":"section","heading":"Requirement to keep records","content":"\t79 Requirement to keep records\n\n(1) A responsible person must ensure that the following written records are kept in respect of a cooling tower system—\n\n(a) details of all maintenance and corrective activities undertaken in relation to the cooling tower system during the preceding 12 months;\n\n(b) laboratory reports for all tests undertaken in accordance with this Division during the preceding 12 months.\n\n(2) A responsible person must produce the records referred to in subregulation (1) for inspection upon the request of an authorised officer.\n\n**Note**\n\nIt is an offence under section 210(1) of the Act to give false or misleading information or produce a document that is false or misleading to the Secretary or an authorised officer.\n\nDivision 2—Legionella risks in certain premises\n\n","sortOrder":82},{"sectionNumber":"80","sectionType":"section","heading":"Meaning of responsible person","content":"\t80 Meaning of responsible person\n\nIn this Division, ***responsible person*** means a person who owns, manages or controls a water delivery system located at premises specified in regulation 81.\n\n","sortOrder":83},{"sectionNumber":"81","sectionType":"section","heading":"Application of this Division","content":"\t81 Application of this Division\n\nThis Division applies to premises—\n\n(a) where residential aged care services are provided; and\n\n(b) where health services are provided (but does not include health services provided at a day procedure centre); and\n\n(c) that are prisons; and\n\n(d) where inpatient forensic mental health services are provided by the Victorian Institute of Forensic Mental Health; and\n\n(e) where commercial vehicle washes are operated.\n\n","sortOrder":84},{"sectionNumber":"82","sectionType":"section","heading":"Obligation to manage Legionella risks","content":"\t82 Obligation to manage Legionella risks\n\nA responsible person must take all reasonable steps to manage the risks of Legionella in any water delivery system located at premises specified in regulation 81.\n\n","sortOrder":85},{"sectionNumber":"83","sectionType":"section","heading":"Water delivery system suspected or implicated as the source of infection","content":"\t83 Water delivery system suspected or implicated as the source of infection\n\nIf the Secretary has informed a responsible person that a water delivery system is suspected or implicated as the source of infection in a case or an outbreak of Legionellosis, the responsible person must ensure that—\n\n(a) a sample of water is promptly taken from the water delivery system and provided to a laboratory to test for Legionella; and\n\n(b) the water delivery system is disinfected in accordance with any reasonable directions given by the Secretary to the responsible person.\n\n","sortOrder":86},{"sectionNumber":"84","sectionType":"section","heading":"Offence to tamper with water sample","content":"\t84 Offence to tamper with water sample\n\nA person must not tamper with a sample of water that is taken and provided to a laboratory for testing in accordance with this Division.\n\n","sortOrder":87},{"sectionNumber":"85","sectionType":"section","heading":"Offence to falsify laboratory report","content":"\t85 Offence to falsify laboratory report\n\nA person must not falsify a laboratory report for any test undertaken in accordance with this Division.\n\n","sortOrder":88},{"sectionNumber":"Div 3","sectionType":"division","heading":"Pest control","content":"Division 3—Pest control\n\n","sortOrder":89},{"sectionNumber":"86","sectionType":"section","heading":"Pest control licence fees","content":"\t86 Pest control licence fees\n\n(1) Unless subregulation (3) applies, the licence fee for licences issued or renewed under section 101(2) of the Act is 15 fee units for each year for which the licence is issued or renewed.\n\n(2) The licence fee for licences issued or renewed under section 101(3) of the Act is 15 fee units.\n\n(3) A licence fee of 5 fee units is payable for a licence issued or renewed under section 101(2) of the Act to a person who—\n\n(a) usually resides in another State or Territory; and\n\n(b) holds a valid licence as an authorised user of pesticides in that State or Territory; and\n\n(c) has applied for a licence to use pesticides in Victoria that are the same or similar in all respects to the pesticides that are authorised for use under the licence.\n\n","sortOrder":90},{"sectionNumber":"87","sectionType":"section","heading":"Qualifications for pest control licences","content":"\t87 Qualifications for pest control licences\n\n(1) For the purposes of section 101(2)(b) of the Act, the prescribed qualifications for a pest control licence of a kind set out in Column 1 of the Table in Schedule 1 are the successful completion of each unit of competency set out in Column 2 of that Table in relation to that kind of licence.\n\n(2) It is sufficient compliance with a requirement under subregulation (1) for a person to successfully complete a unit of competency if—\n\n(a) the person holds a certificate of recognition of current competencies or prior learning in relation to the competencies assessed under the unit of competency issued by—\n\n(i) an organisation registered on the State Register within the meaning of section 1.1.3(1) of the **Education and Training Reform Act 2006** at the time the certificate was issued; or\n\n(ii) a training organisation registered under section 17 of the National Vocational Education and Training Regulator Act 2011 of the Commonwealth at the time the certificate was issued; or\n\n(b) the person has completed an equivalent to each unit of competency set out in the Table in Schedule 1 in relation to that kind of licence.\n\n(3) The Secretary may approve units of competency to be equivalent units of competency for the purposes of subregulation (2)(b).\n\n(4) The Secretary must publish notice of the units of competency approved for the purposes of subregulation (3) in the Government Gazette.\n\n","sortOrder":91},{"sectionNumber":"88","sectionType":"section","heading":"Training for supervised pest control licence holders","content":"\t88 Training for supervised pest control licence holders\n\nFor the purposes of section 101(3)(b)(ii) of the Act, the prescribed units of competency in relation to a licence of a kind set out in Column 1 of the Table in Schedule 1 are the units of competency set out in Column 2 of that Table in relation to that kind of licence.\n\n","sortOrder":92},{"sectionNumber":"89","sectionType":"section","heading":"Records","content":"\t89 Records\n\nFor the purposes of section 108 of the Act—\n\n(a) the prescribed details are the details set out in Schedule 2; and\n\n(b) the prescribed period is 3 years.\n\nPart 7—Management and control of infectious diseases, micro-organisms and medical conditions\n\nDivision 1—Notifications\n\n\t90 Purpose of this Division\n\nThe purpose of this Division is to support the management and control of notifiable conditions and notifiable micro-organisms through—\n\n(a) the urgent notification of those conditions and micro-organisms that pose a potential threat to public health and require an immediate response; and\n\nReg. 90(b) amended by S.R. No. 88/2022 reg. 6(1).\n\n(b) the timely notification of those conditions and micro-organisms that require monitoring, surveillance, investigation or intervention; and\n\nReg. 90(c) inserted by S.R. No. 88/2022 reg. 6(2).\n\n(c) the timely notification of information about testing for those conditions that require monitoring, surveillance or investigation, to enable analysis of the epidemiology and testing patterns for those conditions.\n\n","sortOrder":93},{"sectionNumber":"91","sectionType":"section","heading":"Notifiable conditions and micro-organisms","content":"\t91 Notifiable conditions and micro-organisms\n\nReg. 91(1) amended by S.R. No. 88/2022 reg. 7.\n\n(1) For the purposes of the definition of ***notifiable condition*** in section 3(1) of the Act, the prescribed infectious diseases and the prescribed medical conditions are the infectious diseases and the medical conditions set out in Part 1 and Part 2 of Schedule 3, Part 1 and Part 2 of Schedule 4 and Part 1 of Schedule 4A.\n\n(2) For the purposes of the definition of ***notifiable micro-organism*** in section 3(1) of the Act, the micro-organisms listed in Part 1 of Schedule 5 are prescribed as notifiable micro-organisms.\n\n","sortOrder":94},{"sectionNumber":"92","sectionType":"section","heading":"Notification details","content":"\t92 Notification details\n\nFor the purposes of paragraph (a) of the definition of ***notification details*** in section 3(1) of the Act, the prescribed details are—\n\n(a) for notification under section 127(2)(a) of the Act of a notifiable condition set out in Part 1 or Part 2 of Schedule 3, the details set out in Part 3 of that Schedule; or\n\n(b) for notification under section 128(2)(a) of the Act of a notifiable condition set out in Part 1 or Part 2 of Schedule 4, the details set out in Part 3 of that Schedule; or\n\nReg. 92(ba) inserted by S.R. No. 88/2022 reg. 8.\n\n(ba) for notification under section 128(2)(a) of the Act of a test that relates to a notifiable condition set out in Part 1 of Schedule 4A, the details set out in Part 2 of that Schedule; or\n\n(c) for a notification under section 130(2)(a) or (5)(a) of the Act of a notifiable micro-organism, the details set out in Part 2 of Schedule 5.\n\n","sortOrder":95},{"sectionNumber":"93","sectionType":"section","heading":"Notification of notifiable conditions—registered medical practitioners","content":"\t93 Notification of notifiable conditions—registered medical practitioners\n\nFor the purposes of section 127(2)(a) of the Act—\n\n(a) if a notifiable condition is set out in Part 1 of Schedule 3, the registered medical practitioner must notify the Secretary of the notification details by telephone as soon as practicable, and in any case, no later than within 24 hours; and\n\n(b) if a notifiable condition is set out in Part 2 of Schedule 3, the registered medical practitioner must notify the Secretary of the notification details in writing within 5 business days.\n\nReg. 94 substituted by S.R. No. 88/2022 reg. 9.\n\n","sortOrder":96},{"sectionNumber":"94","sectionType":"section","heading":"Notification of notifiable conditions—pathology services","content":"\t94 Notification of notifiable conditions—pathology services\n\nFor the purposes of section 128(2)(a) of the Act—\n\n(a) if the result of the test indicates that the person has, or may have, a notifiable condition set out in Part 1 of Schedule 4, the notification details are to be provided—\n\n(i) by telephone as soon as practicable, and in any case, no later than within 24 hours; and\n\n(ii) in writing within 5 business days; and\n\n(b) if the result of the test indicates that the person has, or may have, a notifiable condition set out in Part 2 of Schedule 4, the notification details are to be provided in writing within 5 business days; and\n\n(c) if the test relates to a notifiable condition set out in Part 1 of Schedule 4A, the notification details for all tests performed during a weekly period in relation to that condition are to be provided in writing within 5 business days of the end of that period.\n\n","sortOrder":97},{"sectionNumber":"95","sectionType":"section","heading":"Notification of notifiable micro-organisms in food—laboratories and food premises","content":"\t95 Notification of notifiable micro-organisms in food—laboratories and food premises\n\n(1) For the purposes of section 130(2)(a) of the Act, the person in charge of the laboratory service must notify the Secretary of the notification details—\n\n(a) by telephone as soon as practicable, and in any case, no later than within 24 hours; and\n\n(b) in writing within one business day.\n\n(2) For the purposes of section 130(5)(a) of the Act, the proprietor of food premises or a food vending machine must notify the Secretary of the notification details—\n\n(a) by telephone as soon as practicable, and in any case, no later than within 24 hours; and\n\n(b) in writing within one business day.\n\n","sortOrder":98},{"sectionNumber":"96","sectionType":"section","heading":"Transfer of samples and isolates for sub-typing","content":"\t96 Transfer of samples and isolates for sub-typing\n\n(1) This regulation applies if the person in charge of a laboratory service has notified the Secretary of notification details for a notifiable micro-organism in accordance with section 130(2) of the Act.\n\n(2) For the purposes of sub-typing, the Secretary may request that the person in charge of the laboratory service forward any of the following to a Public Health Laboratory—\n\n(a) an isolate of the notifiable micro-organism obtained by the laboratory service;\n\n(b) the notification details that have been provided to the Secretary for that notification;\n\n(c) a sample of the original material from which the laboratory service isolated or detected the notifiable micro-organism.\n\n","sortOrder":99},{"sectionNumber":"97","sectionType":"section","heading":"Sub-typing information to be provided to the Secretary","content":"\t97 Sub-typing information to be provided to the Secretary\n\nIf a Public Health Laboratory has performed sub‑typing on an isolate or sample forwarded in accordance with regulation 96, the person in charge of the Public Health Laboratory must provide the information set out in Part 3 of Schedule 5 to the Secretary.\n\nDivision 2—Notification and directions\n\n","sortOrder":100},{"sectionNumber":"98","sectionType":"section","heading":"Secretary may notify Council","content":"\t98 Secretary may notify Council\n\nThe Secretary may notify a Council of a municipal district that may be affected by a notifiable condition referred to in a notice received by the Secretary under Division 3 of Part 8 of the Act.\n\n","sortOrder":101},{"sectionNumber":"99","sectionType":"section","heading":"Secretary may give written directions","content":"\t99 Secretary may give written directions\n\n(1) The Secretary may give a written direction to an authorised officer appointed by a Council if in the opinion of the Secretary it is reasonably necessary to do so for the purpose of investigating any notifiable condition notified under Division 3 of Part 8 of the Act or limiting the spread of any case of infectious disease notified under Division 3 of Part 8 of the Act.\n\n(2) An authorised officer appointed by a Council to whom a written direction is given must comply with the direction within the time specified in the direction.\n\n","sortOrder":102},{"sectionNumber":"100","sectionType":"section","heading":"Powers of authorised officer","content":"\t100 Powers of authorised officer\n\n(1) An authorised officer appointed by a Council may give written directions to any person if in the opinion of the authorised officer it is reasonably necessary to do so for the purpose of implementing directions given by the Secretary under regulation 99(1).\n\n(2) A person to whom a written direction is given under subregulation (1) must comply with the direction within the time specified in the direction.\n\nPt 7 Div. 2A (Heading and reg. 100A) inserted by S.R. No. 86/2020 reg. 3.\n\n","sortOrder":103},{"sectionNumber":"Div 2A","sectionType":"division","heading":"Compliance","content":"Division 2A—Compliance\n\nReg. 100A inserted by S.R. No. 86/2020 reg. 3.\n\n\t100A Compliance with a direction or requirement by a person directed to exercise public health risk powers under section 24 of the Emergency Management Act 1986\n\nA person must not, without reasonable excuse, refuse or fail to comply with a direction given to the person, or a requirement made of the person, to provide their name and address, by a person directed under section 24 of the **Emergency Management Act 1986**  to exercise a public health risk power referred to in section 190(1)(e) of the Act.\n\nDivision 3—Notification of anaphylaxis\n\n","sortOrder":104},{"sectionNumber":"101","sectionType":"section","heading":"Definitions","content":"\t101 Definitions\n\nIn this Division—\n\n***food*** has the same meaning as it has in section 4(1) of the **Food Act 1984**;\n\n***package*** has the same meaning as it has in section 4(1) of the **Food Act 1984**.\n\n","sortOrder":105},{"sectionNumber":"102","sectionType":"section","heading":"Prescribed notification details and manner and period for notification of anaphylaxis","content":"\t102 Prescribed notification details and manner and period for notification of anaphylaxis\n\nFor the purposes of section 130B(2) of the Act—\n\n(a) the prescribed notification details are the details specified in Schedule 6; and\n\n(b) the prescribed manner for notification is electronically through the Department's website; and\n\n(c) the prescribed period for notification is—\n\n(i) if the suspected cause of anaphylaxis is the consumption of packaged food, as soon as practicable, and in any case, no later than within 24 hours; and\n\n(ii) in any other case, within 5 days.\n\n","sortOrder":106},{"sectionNumber":"Div 4","sectionType":"division","heading":"Closure of court or tribunal","content":"Division 4—Closure of court or tribunal\n\nReg. 103 amended by S.R. No. 88/2022 reg. 10.\n\n","sortOrder":107},{"sectionNumber":"103","sectionType":"section","heading":"Closure of court or tribunal—prescribed diseases","content":"\t103 Closure of court or tribunal—prescribed diseases\n\nFor the purposes of section 133 of the Act, HIV and Hepatitis C are prescribed diseases.\n\nPt 7 Div. 4A (Heading and reg. 103A) inserted by S.R. No. 5/2020 reg. 4.\n\n","sortOrder":108},{"sectionNumber":"Div 4A","sectionType":"division","heading":"Orders for tests if incident has occurred","content":"Division 4A—Orders for tests if incident has occurred\n\nReg. 103AA inserted by S.R. No. 88/2022 reg. 11.\n\n103AA Specified infectious diseases\n\nFor the purposes of paragraph (c) of the definition of ***specified infectious disease*** in section 3(1) of the Act and section 134(1)(a) of the Act, the following infectious diseases are prescribed as specified infectious diseases—\n\n(a) HIV;\n\n(b) any form of hepatitis which may be transmitted by blood or body fluid.\n\nReg. 103A inserted by S.R. No. 5/2020 reg. 4.\n\n","sortOrder":109},{"sectionNumber":"103A","sectionType":"section","heading":"Orders for tests if incident has occurred—prescribed class","content":"\t103A Orders for tests if incident has occurred—prescribed class\n\nFor the purposes of section 134(1)(b)(i) of the Act, registered medical practitioners are a prescribed class.\n\n","sortOrder":110},{"sectionNumber":"Div 5","sectionType":"division","heading":"Immunisation","content":"Division 5—Immunisation\n\n","sortOrder":111},{"sectionNumber":"104","sectionType":"section","heading":"Definition of immunised","content":"\t104 Definition of immunised\n\nFor the purposes of sections 3 and 238(1)(a) of the Act, ***immunised*** in relation to a vaccine-preventable disease, means the child has been vaccinated for that vaccine-preventable disease.\n\nReg. 105 substituted by S.R. No. 14/2022 reg. 6.\n\n","sortOrder":112},{"sectionNumber":"105","sectionType":"section","heading":"Definition of early childhood service","content":"\t105 Definition of early childhood service\n\nFor the purposes of paragraph (b) of the definition of ***early childhood service*** in section 3(1) of the Act, an occasional care service (within the meaning of regulation 5(1) of the Children's Services Regulations 2020[[1]](#endnote-2)), which does not include an outside school hours care service or a school holiday care service or any part of such a service, is a prescribed class.\n\n","sortOrder":113},{"sectionNumber":"106","sectionType":"section","heading":"Vaccine-preventable diseases","content":"\t106 Vaccine-preventable diseases\n\nFor the purposes of Division 7 of Part 8 of the Act, the following vaccine-preventable diseases are prescribed—\n\n(a) Diphtheria;\n\n(b) *Haemophilus influenzae* type b (Hib);\n\n(c) Hepatitis B;\n\n(d) Measles;\n\n(e) Meningococcal A;\n\n(f) Meningococcal C;\n\n(g) Meningococcal W;\n\n(h) Meningococcal Y;\n\n(i) Mumps;\n\n(j) Pertussis (Whooping cough);\n\n(k) Pneumococcal;\n\n(l) Poliovirus infection;\n\n(m) Rotavirus;\n\n(n) Rubella (German measles);\n\n(o) Tetanus;\n\n(p) Varicella (Chickenpox).\n\n\t107 Prescribed period—interval for provision of immunisation status certificate for a child who attends an early childhood service\n\nFor the purposes of section 143E(1)(b) of the Act, the prescribed period is 7 months.\n\n","sortOrder":114},{"sectionNumber":"108","sectionType":"section","heading":"Retention of immunisation status certificates at primary schools","content":"\t108 Retention of immunisation status certificates at primary schools\n\nThe person in charge of a primary school must keep a record of the information in each immunisation status certificate given for the period that the child in respect of whom the certificate was issued attended the school.\n\n","sortOrder":115},{"sectionNumber":"109","sectionType":"section","heading":"Access to immunisation status certificates","content":"\t109 Access to immunisation status certificates\n\nA person in charge of a primary school must allow authorised officers to access immunisation status certificates at any reasonable time.\n\n","sortOrder":116},{"sectionNumber":"110","sectionType":"section","heading":"Provision of information","content":"\t110 Provision of information\n\nThe parent or guardian of a child attending a primary school, education and care service premises or children's services centre must inform the person in charge of the primary school, education and care service premises or children's services centre as soon as practicable if—\n\n(a) the child is infected with a condition that is specified as excludable in column 3 of the Table in Schedule 7; or\n\n(b) the child has been in contact with a person infected with a condition for which the exclusion of contacts is specified in column 4 of the Table in Schedule 7.\n\n","sortOrder":117},{"sectionNumber":"111","sectionType":"section","heading":"Exclusion from primary school, education and care service premises or children's services centre","content":"\t111 Exclusion from primary school, education and care service premises or children's services centre\n\n(1) A person in charge of a primary school, education and care service premises or children's services centre must not allow a child to attend the primary school, education and care service premises or children's services centre for the period or in the circumstances—\n\n(a) specified in column 3 of the Table in Schedule 7 if the person in charge has been informed that the child is infected with an infectious disease listed in column 2 of that Table; or\n\n(b) specified in column 4 of the Table in Schedule 7 if the person in charge has been informed that the child has been in contact with a person who is infected with an infectious disease listed in column 2 of that Table.\n\n(2) The Chief Health Officer may direct a person in charge of a primary school, education and care service premises or children's services centre to exclude a child enrolled at the primary school, education and care service premises or children's services centre who the Chief Health Officer has determined to be at material risk of contracting a vaccine-preventable disease.\n\n(3) In determining whether a child is at material risk of contracting a vaccine-preventable disease for the purposes of subregulation (2), the Chief Health Officer may have regard to—\n\n(a) the child's documented immunity and immunisation status; and\n\n(b) the risk of the child contracting a vaccine‑preventable disease; and\n\n(c) the severity of illness if the child was to contract a vaccine-preventable disease.\n\n(4) A person to whom a direction is given under subregulation (2) must ensure that a child to whom the direction applies does not attend the primary school, education and care service premises or children's services centre until the Chief Health Officer directs that attendance can be resumed.\n\n","sortOrder":118},{"sectionNumber":"112","sectionType":"section","heading":"Disclosure of information to Councils by secondary schools—immunisation co‑ordination","content":"\t112 Disclosure of information to Councils by secondary schools—immunisation co‑ordination\n\n(1) For the purposes of carrying out a function under section 24(f) of the Act, a Council may request the person in charge of a secondary school located within the municipal district to disclose the following information about a student enrolled at the school—\n\n(a) the name of the student;\n\n(b) the student's date of birth;\n\n(c) the student's sex;\n\n(d) the class or group to which the student is attached;\n\n(e) the name of the parents or guardians of the student and their telephone numbers, email addresses, residential and postal addresses;\n\n(f) the languages spoken at the student's home.\n\n(2) On receiving a request under subregulation (1), the person in charge may disclose information held by the school.\n\nPt 7 Div. 6 (Heading) amended by S.R. No. 88/2022 reg. 12.\n\n","sortOrder":119},{"sectionNumber":"Div 6","sectionType":"division","heading":"Blood and tissue donations","content":"Division 6—Blood and tissue donations\n\nReg. 112A inserted by S.R. No. 88/2022 reg. 13.\n\n","sortOrder":120},{"sectionNumber":"112A","sectionType":"section","heading":"Blood donations—prescribed diseases","content":"\t112A Blood donations—prescribed diseases\n\n(1) For the purposes of section 151(1)(a)(i) and (ii) and (b) of the Act, HIV and Hepatitis C are prescribed diseases.\n\n(2) For the purposes of section 151(3) of the Act and items 1, 2 and 3 of Table 1 of the Schedule to the Act, HIV and Hepatitis C are prescribed diseases.\n\nReg. 112B inserted by S.R. No. 88/2022 reg. 13.\n\n","sortOrder":121},{"sectionNumber":"112B","sectionType":"section","heading":"Tissue donations—prescribed diseases","content":"\t112B Tissue donations—prescribed diseases\n\n(1) For the purposes of section 152(1)(a)(i) and (ii), (b)(i) and (ii) and (c) of the Act, HIV and Hepatitis C are prescribed diseases.\n\n(2) For the purposes of section 152(3) of the Act and item 1 of Table 2 of the Schedule to the Act, HIV and Hepatitis C are prescribed diseases.\n\n","sortOrder":122},{"sectionNumber":"113","sectionType":"section","heading":"Use of donated semen—prescribed periods","content":"\t113 Use of donated semen—prescribed periods\n\n(1) For the purposes of section 152(3) of the Act and item 1(c)(ii) of Table 2 of the Schedule to the Act, the prescribed period is 6 months.\n\n(2) For the purposes of section 152(3) of the Act and item 1(c)(iv) of Table 2 of the Schedule to the Act, the prescribed quarantine period is 6 months.\n\nReg. 113A inserted by S.R. No. 88/2022 reg. 14.\n\n","sortOrder":123},{"sectionNumber":"113A","sectionType":"section","heading":"Liability of donors","content":"\t113A Liability of donors\n\nFor the purposes of section 154(1) of the Act, HIV and Hepatitis C are prescribed diseases.\n\nPt 7 Div. 7 (Heading and reg. 114) revoked by S.R. No. 88/2022 reg. 15.\n\n","sortOrder":124},{"sectionNumber":"Part 8","sectionType":"part","heading":"Infringements","content":"Part 8—Infringements\n\n","sortOrder":125},{"sectionNumber":"115","sectionType":"section","heading":"Infringements","content":"\t115 Infringements\n\n(1) For the purpose of section 209 of the Act, an offence against a provision set out in Column 2 of the Tables in Schedule 8 is a prescribed offence for which an infringement notice may be served.\n\n(2) For the purposes of section 209(4) of the Act, the infringement penalty prescribed in respect of an infringement offence is the amount specified in Column 3 of a Table in Schedule 8 opposite that infringement offence as set out in Column 2 of that Table.\n\nReg. 115A inserted by S.R. No. 72/2022 reg. 4.\n\n","sortOrder":126},{"sectionNumber":"115A","sectionType":"section","heading":"Prescribed eligible offences for the concessional infringement scheme","content":"\t115A Prescribed eligible offences for the concessional infringement scheme\n\nFor the purposes of section 165CY(1)(a) of the Act, the following offences are prescribed—\n\n(a) an offence set out in Column 2 of an item in Table 1 in Schedule 8 that has a concessional penalty in respect of that offence set out in Column 4 of that item;\n\n(b) an offence set out in Column 2 of an item in Table 2 in Schedule 8 that has a concessional penalty in respect of that offence set out in Column 4 of that item.\n\nReg. 115B inserted by S.R. No. 72/2022 reg. 4.\n\n","sortOrder":127},{"sectionNumber":"115B","sectionType":"section","heading":"Prescribed amount in respect of an eligible offence","content":"\t115B Prescribed amount in respect of an eligible offence\n\nFor the purposes of section 165DC(3)(a) of the Act, the prescribed amount in respect of an eligible offence is the following—\n\n(a) for an offence set out in Column 2 of an item in Table 1 in Schedule 8, the concessional penalty specified in Column 4 of that item;\n\n(b) for an offence set out in Column 2 of an item in Table 2 in Schedule 8, the concessional penalty specified in Column 4 of that item.\n\nReg. 115C inserted by S.R. No. 72/2022 reg. 4.\n\n","sortOrder":128},{"sectionNumber":"115C","sectionType":"section","heading":"Prescribed persons eligible for the concessional infringement scheme","content":"\t115C Prescribed persons eligible for the concessional infringement scheme\n\nFor the purposes of section 165DC(1)(b) of the Act, a prescribed person is the following—\n\n(a) an adult who is the holder of a health care card issued under section 1061ZS of the Social Security Act 1991 of the Commonwealth, other than in respect of a child in foster care;\n\n(b) an adult who is the holder of a pensioner concession card issued under section 1061ZF of the Social Security Act 1991 of the Commonwealth;\n\n(c) an adult who is the holder of a Gold Card, being a card issued to a person who is eligible for treatment under Part V of the Veterans' Entitlements Act 1986 of the Commonwealth, other than a dependant (not including the widow or widower) of a veteran;\n\n(d) an adult who is the holder of a Gold Card, being a card issued to a person who is eligible—\n\n(i) for treatment under Part V of the Veterans' Entitlements Act 1986  of the Commonwealth; and\n\n(ii) to receive a pension under section 13(1) of that Act as—\n\n(A) the widow or widower of a veteran within the meaning of that Act; or\n\n(B) a totally and permanently incapacitated veteran to whom section 24 of that Act applies;\n\n(e) an adult who is the holder of a PTV Asylum Seeker ID card issued in accordance with the conditions made under section 220D(1) of the **Transport (Compliance and Miscellaneous) Act 1983**;\n\n(f) an adult who is the holder of an Evidence of Immigration Status ImmiCard issued by an officer of the Department of Home Affairs of the Commonwealth;\n\n(g) an adult who is the holder of documentation issued by the Department of Home Affairs of the Commonwealth demonstrating that the adult has submitted a valid application for or has been granted—\n\n(i) a protection visa within the meaning of the Migration Act 1958 of the Commonwealth; or\n\n(ii) a visa of subclass 051, 200, 201, 202, 203, 204, 449, 785, 786, 790 or 866 that is referred to in Schedule 1 to the Migration Regulations 1994 of the Commonwealth; or\n\n(iii) a visa of subclass 010, 030 or 050 that is referred to in Schedule 1 to the Migration Regulations 1994 of the Commonwealth and is related to an application for a visa of a subclass referred to in subparagraph (ii) (other than a visa of subclass 051).\n\n","sortOrder":129},{"sectionNumber":"Part 9","sectionType":"part","heading":"Transitional provisions","content":"Part 9—Transitional provisions\n\n","sortOrder":130},{"sectionNumber":"116","sectionType":"section","heading":"Definitions","content":"\t116 Definitions\n\nIn this Part—\n\n***commencement day*** means the day on which Division 3 of Part 6 comes into operation;\n\n***transition period*** means the period commencing on the commencement day and ending on 31 December 2021.\n\n","sortOrder":131},{"sectionNumber":"117","sectionType":"section","heading":"Transitional provisions—existing pest control licence holders","content":"\t117 Transitional provisions—existing pest control licence holders\n\n(1) Despite regulation 87(1), a person who held a pest control licence of a kind referred to in the Table in Schedule 9 immediately before the commencement day, may, during the transition period—\n\n(a) continue to hold the licence; and\n\n(b) renew the licence on the basis of the qualifications set out in that Table in relation to that kind of licence.\n\n(2) Despite regulation 88, a person who held a pest control licence of a kind referred to in the Table in Schedule 10 immediately before the commencement day, may, during the transition period—\n\n(a) continue to hold the licence; and\n\n(b) renew the licence on the basis of the training set out in that Table in relation to that kind of licence.\n\n","sortOrder":132},{"sectionNumber":"118","sectionType":"section","heading":"Transitional provisions—new pest control licences in the transition period","content":"\t118 Transitional provisions—new pest control licences in the transition period\n\n(1) This regulation applies to a person who immediately before the commencement day held a pest control licence that was granted on the basis that the person was qualified under regulation 67 of the Public Health and Wellbeing Regulations 2009[[2]](#endnote-3) to apply for the licence.\n\n(2) Despite regulation 87(1), the person—\n\n(a) may, during the transition period, continue to hold the licence; and\n\n(b) is qualified, during the transition period, to be granted a renewal of the licence if at the time of the application for renewal the person had been employed in the pest control industry for at least a total period of 2 years in the 5 year period before the application.\n\n","sortOrder":133},{"sectionNumber":"119","sectionType":"section","heading":"Transitional provision—new pest control licences in the transition period","content":"\t119 Transitional provision—new pest control licences in the transition period\n\nDespite regulation 87, a person may, during the transition period, apply for and be issued with a pest control licence of a kind referred to in the Table in Schedule 9 on the basis of the qualifications set out in that Table in relation to that licence.\n\nPt 10 (Heading and regs 120–134) expired by force of S.R. No. 135/2019 reg. 133,  \nnew Pt 10 (Heading and new regs 120–123) inserted by S.R. No. 175/2021 reg. 4, revoked by S.R. No. 135/2019 reg. 123.\n\n","sortOrder":134},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Qualifications and training","content":"Schedule 1—Qualifications and training\n\nRegulation 87\n\n***pest animal*** has the same meaning as in the **Catchment and Land Protection Act 1994**;\n\n***timber pests*** means pests that attack, infest or destroy timber or timber products.\n\n| *Column 1*<br>*A licence that only authorises the use of—* | *Column 2*<br>*Units of competency* |\n| Pesticides (excluding fumigants) formulated to control pests other than pest animals and timber pests.<br>Note: Pests covered by this licence include rodents and birds. | CPPPMT3005—Manage pests without applying pesticides<br>CPPPMT3006—Manage pests by applying pesticides<br>CPPPMT3018—Maintain equipment and pesticide storage area in pest management vehicles |\n| Pesticides (excluding fumigants) formulated to control pests other than pest animals.<br>Note: Pests covered by this licence include rodents, birds and timber pests. | CPPPMT3005—Manage pests without applying pesticides<br>CPPPMT3006—Manage pests by applying pesticides<br>CPPPMT3008—Inspect for and report on timber pests<br>CPPPMT3010—Control timber pests<br>CPPPMT3018—Maintain equipment and pesticide storage area in pest management vehicles |\n| Pesticides formulated to control pest animals and to protect—<br>(a) an area in a building used for commercial purposes; or<br>(b) domestic premises; or | AHCCHM304—Transport and store chemicals<br>AHCCHM307—Prepare and apply chemicals to control pest, weeds and diseases<br>AHCPMG309—Apply pest animal control techniques |\n| (c) privately owned land adjacent to domestic premises. |  |\n| Pesticides in the form of fumigants | CPPPMT3011—Manage organisms by applying fumigants to commodities and environments |\n\n","sortOrder":135},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":"Pest control operator records","content":"Schedule 2—Pest control operator records\n\nRegulation 89\n\n **1 Details of pesticide**\n\n1.1 Trade name\n\n1.2 Batch number\n\n1.3 Specific precautions to be observed, including the re-entry period\n\n **2 Details of pesticide application**\n\n2.1 Date of application\n\n2.2 Start and finish times of application\n\n2.3 Location of the pesticide application (including street address of property, if applicable)\n\n2.4 Specific location of the pesticide application within the property\n\n2.5 Pests treated\n\n2.6 Method of application (spray or bait)\n\n2.7 Quantity of pesticide applied\n\n2.8 Rate of pesticide application or sufficient information to allow the rate of pesticide application to be determined\n\n2.9 If applied outdoors, the ambient temperature and wind direction and speed at the time of application\n\n **3 Details of operators and clients**\n\n3.1 Name and licence number of the person applying the pesticide\n\n3.2 Name and licence number of the person supervising the application (if applicable)\n\n3.3 Trading name, address and phone number of the business employing, engaging or owned by the person applying the pesticide\n\n3.4 Name, phone number and address of the person for whom the application was carried out\n\n **4 Signature**\n\n4.1 The signature of the person completing the record\n\nSch. 3 amended by S.R. Nos 4/2020 reg. 3, 73/2022 reg. 3, 27/2023 reg. 5, 52/2023 reg. 5, 10/2024 reg. 5, 12/2025 reg. 5.\n\n","sortOrder":136},{"sectionNumber":"Sch 3","sectionType":"schedule","heading":"Registered medical practitioners—notifiable conditions and notification details","content":"Schedule 3—Registered medical practitioners—notifiable conditions and notification details\n\nRegulations 91, 92 and 93\n\n**Part 1—Notifiable conditions requiring notification as soon as practicable**\n\n1 Anthrax\n\n1A Avian influenza\n\n2 Botulism\n\n3 Cholera\n\n4 Diphtheria\n\n5 Food-borne and water-borne illness (2 or more related cases)\n\n6 Haemolytic Uraemic Syndrome (HUS)\n\n7 *Haemophilus influenzae* type b (Hib) infection (meningitis, epiglottitis, other invasive infections)\n\n8 Hepatitis A\n\n8A Invasive Group A Streptococcal (iGAS) disease\n\n9 Japanese encephalitis\n\n10 Legionellosis\n\n11 Listeriosis\n\n11A Lyssavirus—Australian Bat lyssavirus (ABLV)\n\n11B Lyssavirus—other (specify)\n\n12 Measles\n\n13 Meningococcal infection (invasive)\n\n14 Middle East Respiratory Syndrome coronavirus (MERS-CoV)\n\n14A Mpox\n\n15 Murray Valley encephalitis virus infection\n\n16 Paratyphoid\n\n17 Plague\n\n18 Poliovirus infection\n\n19 Rabies\n\n20 Severe Acute Respiratory Syndrome (SARS)\n\n21 Smallpox\n\n22 Tularaemia\n\n23 Typhoid\n\n24 Viral haemorrhagic fevers\n\n25 Yellow fever\n\n**Part 2—Notifiable conditions requiring written notification within 5 business days**\n\n1 Acute rheumatic fever (ARF)\n\n1A Brucellosis\n\n2 Chikungunya virus infection\n\n3 Creutzfeldt-Jakob disease (CJD)\n\n4 Variant Creutzfeldt-Jakob disease (vCJD)\n\n5 Cryptosporidiosis\n\n6 Dengue virus infection\n\n7 *Donovanosis (*Klebsiella granulomatis* infection)\n\n8 *Gonococcal infection\n\n9 Hepatitis B (newly acquired)\n\n10 Hepatitis B (unspecified)\n\n11 Hepatitis C (newly acquired)\n\n12 Hepatitis C (unspecified)\n\n13 Hepatitis D\n\n14 Hepatitis E\n\n15 *Human Immunodeficiency Virus (HIV) infection\n\n16 Leprosy\n\n19 Malaria\n\n20 Mumps\n\n21 *Mycobacterium ulcerans*\n\n22 Pertussis\n\n23 Pneumococcal infection (invasive)\n\n24 Q Fever\n\n24A Rheumatic heart disease (RHD)\n\n25 Rubella\n\n26 Congenital Rubella\n\n27 Salmonellosis\n\n28 Shiga toxin and verotoxin producing *Escherichia coli* (STEC/VTEC)\n\n29 Shigellosis\n\n30 *Syphilis (less than 2 years duration)\n\n31 *Syphilis (2 years or more duration or unspecified)\n\n32 *Congenital syphilis\n\n33 Tetanus\n\n34 Tuberculosis\n\n35 Varicella zoster infection (chickenpox)\n\n36 Varicella zoster infection (shingles)\n\n37 West Nile/Kunjin virus infection\n\nNote\n\nPart 3 of this Schedule sets out different reporting requirements for notifiable conditions marked with *.\n\n**Part 3—Notification details**\n\n\tItem 1—Case information\n\n1.1 Family name (First 2 letters of family name only for those conditions marked with *)\n\n1.2 Given name(s) (First 2 letters of given name only for those conditions marked with *)\n\n1.3 Healthcare identifier (not notified for those conditions marked with *)\n\n1.4 Medicare number (not notified for those conditions marked with *)\n\n1.5 Date of birth\n\n1.6 Sex\n\n1.7 Aboriginal or Torres Strait Islander status\n\n1.8 Residential address (postcode only for those conditions marked with *)\n\n1.9 Contact details of patient/parent/guardian (not notified for those conditions marked with *)\n\nItem 2—Clinical information\n\n2.2 Mortality details\n\n2.3 Morbidity details\n\n2.4 Illness history and details\n\nItem 3—Risk factor information\n\n3.1 Risk factor details\n\nItem 4—Reporting medical practitioner information\n\n4.1 Family name\n\n4.2 Given name(s)\n\n4.3 Health service/clinic/practice name\n\n4.4 Health service/clinic/practice address\n\n4.5 Contact details\n\n4.6 Medicare provider number or AHPRA registration number\n\n4.7 Report date\n\nSch. 4 (Heading) amended by S.R. No. 88/2022 reg. 16(1).\n\nSch. 4 amended by S.R. Nos 4/2020 reg. 4, 14/2022 reg. 7, 73/2022 reg. 4. 88/2022 reg. 16(2), 27/2023 reg. 6, 52/2023 reg. 6, 10/2024 reg. 6, 12/2025 reg. 6.\n\n","sortOrder":137},{"sectionNumber":"Sch 4","sectionType":"schedule","heading":"Pathology services—notifiable conditions and notification details if result of test indicates person has or may have a notifiable condition","content":"Schedule 4—Pathology services—notifiable conditions and notification details if result of test indicates person has or may have a notifiable condition\n\nRegulations 91(1), 92(b) and 94(a) and (b)\n\n**Part 1—Notifiable conditions requiring notification as soon as practicable**\n\n1 Anthrax\n\n1A Avian influenza\n\n2 Botulism\n\n3 *Candida auris*\n\n4 Cholera\n\n5 Diphtheria\n\n6 Food-borne and water-borne illness (2 or more related cases)\n\n7 *Haemophilus influenzae* type b (Hib) infection (meningitis, epiglottitis, other invasive infections)\n\n8 Hepatitis A\n\n8A Invasive Group A Streptococcal (iGAS) disease\n\n9 Japanese encephalitis\n\n10 Legionellosis\n\n11 Listeriosis\n\n11A Lyssavirus—Australian Bat lyssavirus (ABLV)\n\n11B Lyssavirus—other (specify)\n\n12 Measles\n\n13 Meningococcal infection (invasive)\n\n14 Middle East Respiratory Syndrome coronavirus  \n(MERS-CoV)\n\n14A Mpox\n\n15 Murray Valley encephalitis virus infection\n\n16 Paratyphoid\n\n17 Plague\n\n18 Poliovirus infection\n\n19 Rabies\n\n20 Severe Acute Respiratory Syndrome (SARS)\n\n21 Smallpox\n\n22 Tularaemia\n\n23 Typhoid\n\n24 Viral haemorrhagic fevers\n\n25 Yellow fever\n\n**Part 2—Notifiable conditions requiring written notification within 5 business days**\n\n1 Arbovirus infections—other arbovirus infections\n\n2 Barmah Forest virus infection\n\n3 Blood lead greater than 5μg/dL\n\n4 Brucellosis\n\n5 Campylobacter infection\n\n6 Carbapenemase-producing *Acinetobacter* spp.\n\n7 Carbapenemase-producing *Enterobacterales*\n\n8 Carbapenemase-producing *Pseudomonas* spp.\n\n9 Chikungunya virus infection\n\n10 **Chlamydia trachomatis* infection\n\n11 Creutzfeldt-Jakob disease (CJD)\n\n12 Variant Creutzfeldt-Jakob disease (vCJD)\n\n13 Cryptosporidiosis\n\n14 Dengue virus infection\n\n15 *Donovanosis (*Klebsiella granulomatis* infection)\n\n16 *Gonococcal infection\n\n17 Hepatitis B (newly acquired)\n\n18 Hepatitis B (unspecified)\n\n19 Hepatitis C (newly acquired)\n\n20 Hepatitis C (unspecified)\n\n21 Hepatitis D\n\n22 Hepatitis E\n\n23 Hepatitis (other viral)\n\n24 *Human Immunodeficiency Virus (HIV) infection\n\n25 Influenza\n\n25B  Kunjin virus infection\n\n26 Leprosy\n\n27 Leptospirosis\n\n30 Malaria\n\n31 Mumps\n\n32 *Mycobacterium ulcerans*\n\n33 Pertussis\n\n34 Pneumococcal infection (invasive)\n\n35 Psittacosis (ornithosis)\n\n36 Q Fever\n\n36A Respiratory Syncytial Virus (RSV)\n\n37 Ross River virus infection\n\n38 Rotavirus infection\n\n39 Rubella\n\n40 Congenital rubella\n\n41 Salmonellosis\n\n41A Severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2)\n\n42 Shiga toxin and verotoxin producing *Escherichia coli* (STEC/VTEC)\n\n43 Shigellosis\n\n44 *Syphilis (less than 2 years duration)\n\n45 *Syphilis (2 years or more duration or unspecified)\n\n46 *Congenital syphilis\n\n47 Tetanus\n\n48 Tuberculosis\n\n49 VanA-type vancomycin-resistant *Enterococcus* (VRE)\n\n50 Varicella zoster infection\n\n51 Vibrio parahaemolyticus infection\n\nNote\n\nPart 3 of this Schedule sets out different reporting requirements for notifiable conditions marked with *.\n\n**Part 3—Notification details**\n\n1.1 Family name (First 2 letters of family name only for those conditions marked with *)\n\n1.2 Given name(s) (First 2 letters of given name only for those conditions marked with *)\n\n1.3 Healthcare identifier (not notified for those conditions marked with *)\n\n1.4 Medicare number (not notified for those conditions marked with *)\n\n1.5 Date of birth\n\n1.6 Sex\n\n1.7 Aboriginal or Torres Strait Islander status\n\n1.8 Residential address (postcode only for those conditions marked with *)\n\n1.9 Contact details of person/parent/guardian (not notified for those conditions marked with *)\n\n2.2 If the notifiable condition is blood lead greater than 5μg/dL, whether or not the test was requested as part of routine biological monitoring as prescribed by regulation 196, 197 or 198 of the Occupational Health and Safety Regulations 2017[[3]](#endnote-4)\n\n2.3 Specimen details\n\n2.4 Clinical notes\n\nItem 3—Notification details—testing information\n\n3.1 Test details (including details of any nucleic acid test performed)\n\n3.2 Result details (including results of any nucleic acid test performed)\n\n3.3 Results of all antimicrobial susceptibility testing (including minimum inhibitory concentration values)\n\nItem 4—Notification details—requesting medical practitioner information\n\n4.1 Family name\n\n4.2 Given name(s)\n\n4.3 Health service/clinic/practice name\n\n4.4 Health service/clinic/practice address\n\n4.5 Contact details\n\n4.6 Medicare provider number or AHPRA registration number\n\n4.7 Request date\n\nItem 5—Notification details—pathology service information\n\n5.1 Name of person authorising results\n\n5.2 Pathology service name\n\n5.3 Pathology service address\n\n5.4 Contact telephone number\n\n5.5 NATA accreditation number\n\n5.6 Report date\n\nSch. 4A inserted by S.R. No. 88/2022 reg. 17, amended by S.R. No. 27/2023 reg. 7.\n\n","sortOrder":138},{"sectionNumber":"Sch 4A","sectionType":"schedule","heading":"Pathology services—notifiable conditions and notification details if test relates to a notifiable condition","content":"Schedule 4A—Pathology services—notifiable conditions and notification details if test relates to a notifiable condition\n\nRegulations 91(1), 92(ba) and 94(c)\n\nPart 1—Notifiable conditions requiring written notification of testing information weekly\n\n1 Chlamydia trachomatis infection\n\n2 Influenza\n\n3 Respiratory Syncytial Virus (RSV)\n\n4 Severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2)\n\nPart 2—Notification details\n\n1.1 Age\n\n1.2 Sex\n\n1.3 Residential postcode\n\n1.4 Aboriginal or Torres Strait Islander status\n\nItem 3—Notification details—testing information\n\n3.1 Test type\n\n3.2 Test result\n\n3.3 Specimen type\n\n3.4 Specimen collection date\n\nItem 4—Notification details—pathology service information\n\n4.1 Name of person authorising results\n\n4.2 Pathology service name\n\n4.3 Pathology service address\n\n4.4 Contact telephone number\n\n4.5 NATA accreditation number\n\n4.6 Report date\n\n","sortOrder":139},{"sectionNumber":"Sch 5","sectionType":"schedule","heading":"Micro-organisms—isolated or detected in food or drinking water supplies","content":"Schedule 5—Micro-organisms—isolated or detected in food or drinking water supplies\n\nRegulations 91, 92, 95 and 97\n\n**Part 1—Prescribed notifiable micro‑organisms**\n\n1 *Campylobacter spp*\n\n2 *Cryptosporidium spp*\n\n3 *Cyclospora spp*\n\n4 Shiga toxin and verotoxin producing *Escherichia coli* (STEC/VTEC)\n\n5 Giardia cysts\n\n6 Hepatitis A\n\n7 *Listeria monocytogenes*\n\n8 Norovirus\n\n9 *Salmonella spp*\n\n10 *Vibrio spp*\n\n**Part 2—Notification details**\n\n1 Micro-organism isolated or detected\n\n2 Date of isolation or detection\n\n3 Sample reference number (if appropriate)\n\n4 Test reference number (if appropriate)\n\n5 Source (food or water)\n\n6 If the source is food—\n\n(a) the type of food product; and\n\n(b) the brand of the food product; and\n\n(c) the name, postal address and telephone number of the food manufacturer; and\n\n(d) the batch number of the food product (if appropriate); and\n\n(e) the use by or best before date of the food product (if known)\n\n7 If the source is water—\n\n(a) information regarding where the sample was collected from; and\n\n(b) the type of water source\n\n8 Date the sample was submitted to the notifying laboratory service for testing\n\n9 Name, postal and email address and telephone number of notifying laboratory service\n\n10 Name, postal and email address and telephone number of person or company that submitted sample for testing\n\n**Part 3—Information to be provided to the Secretary after sub-typing**\n\n1 Micro-organism isolated or detected (including sub‑type)\n\n2 Date of isolation or detection\n\n3 Public Health Laboratory specimen reference number (if appropriate)\n\n4 Public Health Laboratory test reference number (if appropriate)\n\n5 Source (food or water)\n\n6 If the source is food—\n\n(a) the type of food product; and\n\n(b) the brand of the food product; and\n\n(c) the name, postal address and telephone number of the food manufacturer; and\n\n(d) the batch number of the food product (if appropriate); and\n\n(e) the use by or best before date of the food product (if known)\n\n7 If the source is water\n\n(a) information regarding where the sample was collected from; and\n\n(b) the type of water source\n\n8 Date the isolate or sample was submitted to the Public Health Laboratory for sub-typing\n\n9 Name, postal and email address and telephone number of the person or company that forwarded the isolate or sample for sub-typing\n\n10 Name, postal and email address and telephone number of the notifying laboratory service that forwarded the isolate or sample for sub-typing\n\n11 Name, postal and email address and telephone number of the Public Health Laboratory that performed the sub‑typing\n\n","sortOrder":140},{"sectionNumber":"Sch 6","sectionType":"schedule","heading":"Anaphylaxis—prescribed notification details","content":"Schedule 6—Anaphylaxis—prescribed notification details\n\nRegulation 102\n\n1.1 Family name\n\n1.2 Given name(s)\n\n1.3 Date of birth\n\n1.4 Sex\n\n1.5 Aboriginal or Torres Strait Islander status\n\n1.6 Residential address\n\n1.7 Contact details of the person/parent(s)/guardian(s)\n\n2.1 Mortality details\n\n2.2 Morbidity details\n\n2.3 Allergies or other history of anaphylaxis reported by the person\n\n2.4 Date of presentation for treatment for anaphylaxis\n\nItem 3—Notification details—details of anaphylaxis reporting body\n\n3.1 Name and address of anaphylaxis reporting body\n\n3.2 Telephone number and email address of anaphylaxis reporting body\n\n3.3 Name and telephone number of registered medical practitioner who formed the reasonable belief that the person had anaphylaxis\n\n3.4 Report date\n\nItem 4—Notification details—suspected cause of anaphylaxis\n\nThe notification details are to include one of the causes listed in column A of the Table as the suspected cause of the anaphylaxis of the person presenting for treatment, and the details in column B of the Table to the extent known to the anaphylaxis reporting body.\n\n| *Column A*<br>*Suspected cause of anaphylaxis* | *Column B*<br>*Additional notification details* |\n| Consumption of packaged food | Type of food product<br>Brand of food product<br>Date and time of consumption |\n| Unpackaged food from a food premises | Details of the food consumed<br>Name of food premises<br>Date and time of consumption |\n| Consumption of any other food | Details of the food consumed |\n| Drug | Type of drug<br>Name of drug |\n| Blood-derived products | Name of product<br>Batch number |\n| Vaccine | Type of vaccine<br>Name of vaccine<br>Expiry date of vaccine (if known)<br>Batch number of vaccine (if known) |\n| Insect venom | Type of insect |\n| Other | Details of the suspected cause of anaphylaxis |\n| Unknown | Any relevant details |\n\n","sortOrder":141},{"sectionNumber":"Sch 7","sectionType":"schedule","heading":"Minimum period of exclusion from primary schools, education and care service premises and children's services centres for infectious diseases cases and contacts","content":"Schedule 7—Minimum period of exclusion from primary schools, education and care service premises and children's services centres for infectious diseases cases and contacts\n\nRegulations 110 and 111\n\n***diarrhoeal illness*** includes the following—\n\n(a) Amoebiasis (Entamoeba histolytica);\n\n(b) Campylobacter;\n\n(c) Salmonella, Shigella;\n\n(d) Intestinal worms;\n\n***medical certificate*** means a certificate of a registered medical practitioner.\n\nSch. 7 (Table) amended by S.R. No. 14/2022 reg. 8.\n\n| *Column 1*<br>*Number* | *Column 2*<br>*Conditions* | *Column 3*<br>*Exclusion of cases* | *Column 4*<br>*Exclusion of Contacts* |\n| 1 | Chickenpox | Exclude until all blisters have dried. This is usually at least 5 days after the rash appears in unimmunised children, but may be less in previously immunised children | Any child with an immune deficiency (for example, leukaemia) or receiving chemotherapy should be excluded for their own protection. Otherwise not excluded |\n| 2 | Conjunctivitis | Exclude until discharge from eyes has ceased | Not excluded |\n| 3 | Cytomegalovirus (CMV) infection | Exclusion is not necessary | Not excluded |\n| 4 | Diarrhoeal illness | In an outbreak of gastroenteritis, exclude until there has not been vomiting or a loose bowel motion for 48 hours and, for all other diarrhoeal illness, exclude until there has not been vomiting or a loose bowel motion for 24 hours | Not excluded |\n| 5 | Diphtheria | Exclude until medical certificate of recovery is received following at least 2 negative throat swabs, the first not less than 24 hours after finishing a course of antibiotics and the other 48 hours later | Exclude family/household contacts until cleared to return by the Chief Health Officer |\n| 6 | Glandular fever<br>(Epstein-Barr Virus infection) | Exclusion is not necessary | Not excluded |\n| 7 | Hand, Foot and Mouth disease | Exclude until all blisters have dried | Not excluded |\n| 8 | *Haemophilus* *influenzae* type b    (Hib) | Exclude until 48 hours after initiation of effective therapy | Not excluded |\n| 9 | Hepatitis A | Exclude until a medical certificate of recovery is received, but not before 7 days after the onset of jaundice or illness | Not excluded |\n| 10 | Hepatitis B | Exclusion is not necessary | Not excluded |\n| 11 | Hepatitis C | Exclusion is not necessary | Not excluded |\n| 12 | Herpes    (*cold sores*) | Young children unable to comply with good hygiene practices should be excluded while the lesion is weeping. Lesions to be covered by dressing, where possible | Not excluded |\n| 13 | Human immuno-deficiency virus infection (HIV) | Exclusion is not necessary | Not excluded |\n| 14 | Impetigo | Exclude until appropriate treatment has commenced. Sores on exposed surfaces must be covered with a watertight dressing | Not excluded |\n| 15 | Influenza and influenza like illnesses | Exclude until well | Not excluded unless considered necessary by the Chief Health Officer |\n| 16 | Leprosy | Exclude until approval to return has been given by the Chief Health Officer | Not excluded |\n| 17 | Measles | Exclude for at least 4 days after onset of rash | Immunised contacts not excluded. Unimmunised contacts should be excluded until 14 days after the first day of appearance of |\n|  |  |  | rash in the last case. If unimmunised contacts are vaccinated within 72 hours of exposure with any infectious case, or received Normal Human Immunoglobulin (NHIG) within 144 hours of exposure of any infectious case, they may return to the facility |\n| 18 | Meningitis (bacterial—other than meningococcal meningitis) | Exclude until well | Not excluded |\n| 19 | Meningococcal infection | Exclude until adequate carrier eradication therapy has been completed | Not excluded if receiving carrier eradication therapy |\n| 20 | Mumps | Exclude for 5 days or until swelling goes down (whichever is sooner) | Not excluded |\n| 21 | Molluscum contagiosum | Exclusion is not necessary | Not excluded |\n| 22 | Pertussis    (Whooping cough) | Exclude the child for 21 days after the onset of cough or until they have completed 5 days of a course of antibiotic treatment | Contacts aged less than 7 years in the same room as the case who have not received 3 effective doses of pertussis |\n|  |  |  | vaccine should be excluded for 14 days after the last exposure to the infectious case, or until they have taken 5 days of a course of effective antibiotic treatment |\n| 23 | Poliovirus infection | Exclude for at least 14 days from onset. Re‑admit after receiving medical certificate of recovery | Not excluded |\n| 24 | Ringworm, scabies, pediculosis (head lice) | Exclude until the day after appropriate treatment has commenced | Not excluded |\n| 25 | Rubella    (German measles) | Exclude until fully recovered or for at least 4 days after the onset of rash | Not excluded |\n| 26 | Severe Acute Respiratory Syndrome (SARS) | Exclude until medical certificate of recovery is produced | Not excluded unless considered necessary by the Chief Health Officer |\n| 27 | Shiga toxin or Verotoxin producing *Escherichia coli* (STEC or VTEC) | Exclude if required by the Chief Health Officer and only for the period specified by the Chief Health Officer | Not excluded |\n| 28 | Streptococcal infection    (including scarlet fever) | Exclude until the child has received antibiotic treatment for at least 24 hours and the child feels well | Not excluded |\n| 29 | Tuberculosis (excluding latent tuberculosis) | Exclude until receipt of a medical certificate from the treating physician stating that the child is not considered to be infectious | Not excluded |\n| 30 | Typhoid fever (including paratyphoid fever) | Exclude until approval to return has been given by the Chief Health Officer | Not excluded unless considered necessary by the Chief Health Officer |\n\n","sortOrder":142},{"sectionNumber":"Sch 8","sectionType":"schedule","heading":"Infringements","content":"Schedule 8—Infringements\n\nRegulation 115\n\nSch. 8 (Table 1) amended by S.R. Nos 86/2020 reg. 4, 15/2021 reg. 4(1), substituted by S.R. No. 72/2022 reg. 5(1).\n\n**Table 1—Infringement offences in these Regulations**\n\n| *Column 1*<br>*Item* | *Column 2*<br>*Infringement offence* | *Column 3*<br>*Infringement penalty* | *Column 4*<br>*Concessional penalty (if any)* |\n| 1 | R. 16(5) | 4 penalty units |  |\n| 2 | R. 17(5) | 4 penalty units |  |\n| 3 | R. 20(6) | 4 penalty units |  |\n| 4 | R. 21(6) | 4 penalty units |  |\n| 5 | R. 29 | 4 penalty units |  |\n| 6 | R. 30 | 4 penalty units |  |\n| 7 | R. 31(1) | 4 penalty units |  |\n| 8 | R. 32 | 4 penalty units |  |\n| 9 | R. 33 | 4 penalty units |  |\n| 10 | R. 34 | 4 penalty units |  |\n| 11 | R. 35(2) | 4 penalty units |  |\n| 12 | R. 36(1) | 4 penalty units |  |\n| 13 | R. 37 | 4 penalty units |  |\n| 14 | R. 38(1) | 2 penalty units |  |\n| 15 | R. 48 | 4 penalty units |  |\n| 16 | R. 49 | 4 penalty units |  |\n| 17 | R. 50 | 4 penalty units |  |\n| 18 | R. 51 | 4 penalty units |  |\n| 19 | R. 52 | 4 penalty units |  |\n| 20 | R. 53 | 4 penalty units |  |\n| 21 | R. 54(1) | 4 penalty units |  |\n| 22 | R. 54(2) | 4 penalty units |  |\n| 23 | R. 54(3) | 4 penalty units |  |\n| 24 | R. 54(4) | 4 penalty units |  |\n| 25 | R. 54(5) | 4 penalty units |  |\n| 26 | R. 54(6) | 4 penalty units |  |\n| 27 | R. 55(2) | 4 penalty units |  |\n| 28 | R. 56 | 4 penalty units |  |\n| 29 | R. 57 | 4 penalty units |  |\n| 30 | R. 58(2) | 4 penalty units |  |\n| 31 | R. 58(3) | 4 penalty units |  |\n| 32 | R. 59(3) | 4 penalty units |  |\n| 33 | R. 59(4) | 4 penalty units |  |\n| 34 | R. 59(5) | 4 penalty units |  |\n| 35 | R. 59(6) | 4 penalty units |  |\n| 36 | R. 59(7) | 2 penalty units |  |\n| 37 | R. 61(1) | 4 penalty units |  |\n| 38 | R. 68 | 4 penalty units |  |\n| 39 | R. 69 | 4 penalty units |  |\n| 40 | R. 70(1) | 4 penalty units |  |\n| 41 | R. 70(2) | 4 penalty units |  |\n| 42 | R. 70(3) | 4 penalty units |  |\n| 43 | R. 71(3) | 4 penalty units |  |\n| 44 | R. 71(4) | 4 penalty units |  |\n| 45 | R. 71(5) | 4 penalty units |  |\n| 46 | R. 71(6) | 4 penalty units |  |\n| 47 | R. 72(3) | 4 penalty units |  |\n| 48 | R. 72(4) | 4 penalty units |  |\n| 49 | R. 72(5) | 4 penalty units |  |\n| 50 | R. 72(6) | 4 penalty units |  |\n| 51 | R. 73(3) | 4 penalty units |  |\n| 52 | R. 73(4) | 4 penalty units |  |\n| 53 | R. 73(5) | 4 penalty units |  |\n| 54 | R. 73(6) | 4 penalty units |  |\n| 55 | R. 74(1) | 4 penalty units |  |\n| 56 | R. 75(1) | 4 penalty units |  |\n| 57 | R. 76 | 4 penalty units |  |\n| 58 | R. 79(1) | 4 penalty units |  |\n| 59 | R. 79(2) | 4 penalty units |  |\n| 60 | R. 83 | 4 penalty units |  |\n| 61 | R. 100(2) | 4 penalty units |  |\n| 61A | R. 100A | In the case of an adult, 10 penalty units<br>In the case of a child of or above the age of 15 years, 4 penalty units<br>In the case of a child under the age of 15 years, 1 penalty unit | In the case of an adult, 1 penalty unit |\n| 62 | R. 111(1) | 4 penalty units |  |\n\nSch. 8 (Table 2) amended by S.R. Nos 20/2020 reg. 3, 76/2020 reg. 3, 79/2020 reg. 3, 93/2020 reg. 3, 99/2020 reg. 3, 1/2021 reg. 3, 15/2021 reg. 4(2), 43/2021 reg. 4, 129/2021 regs 3, 4, 156/2021 reg. 4, substituted by S.R. No. 72/2022 reg. 5(2).\n\n**Table 2—Infringement offences in the Act**\n\n| *Column 1*<br>*Item* | *Column 2*<br>*Infringement offence* | *Column 3*<br>*Infringement    penalty* | *Column 4*<br>*Concessional penalty    (if any)* |\n| 63 | S. 69(1) | In the case of a body corporate, 10 penalty units<br>In the case of a natural person, 4 penalty units |  |\n| 64 | S. 80 | In the case of a body corporate, 24 penalty units<br>In the case of a natural person, 10 penalty units |  |\n| 65 | S. 87(2) | In the case of a body corporate, 10 penalty units<br>In the case of a natural person, 2 penalty units |  |\n| 66 | S. 95 | 4 penalty units |  |\n| 67 | S. 99 | 4 penalty units |  |\n| 68 | S. 108 | In the case of a body corporate, 4 penalty units<br>In the case of a natural person, 2 penalty units |  |\n| 69 | S. 127(2) | 4 penalty units |  |\n| 70 | S. 128(2) | 4 penalty units |  |\n| 71 | S. 183 | In the case of a child of or above the age of 15 years, 2 penalty units<br>In the case of a child under the age of 15 years, 1 penalty unit<br>In any other case, 5 penalty units |  |\n| 72 | S. 188(2) | In the case of a body corporate, 30 penalty units<br>In the case of an adult, 10 penalty units<br>In the case of a child of or above the age of 15 years, 4 penalty units<br>In the case of a child under the age of 15 years, 1 penalty unit | In the case of an adult, 1 penalty unit |\n| 73 | S. 193(1) | In the case of a body corporate, 60 penalty units<br>In the case of an adult, 10 penalty units<br>In the case of a child of or above the age of 15 years, 4 penalty units<br>In the case of a child under the age of 15 years, 1 penalty unit | In the case of an adult, 1 penalty unit |\n| 74 | S. 203(1) | In the case of a body corporate, 60 penalty units<br>In the case of an adult, 10 penalty units<br>In the case of a child of or above the age of 15 years, 4 penalty units<br>In the case of a child under the age of 15 years, 1 penalty unit | In the case of an adult—<br>(a) if the offence is constituted by a contravention of directions given under section 200(1) of the Act by—<br>(i) failing to comply with a requirement in relation to a face covering—$50; or<br>(ii) refusing or failing to comply with a requirement to self-isolate or self-quarantine—2·5 penalty units; or<br>(iii) refusing or failing to comply with a requirement in relation to leaving a restricted area in Victoria without a reasonable excuse or other valid reason or excuse—2·5 penalty units; or<br>(iv) refusing or failing to comply with a requirement in relation to private or public gatherings in a restricted area in Victoria without a reasonable excuse or other valid reason or excuse—2·5 penalty units; or<br>(v) refusing or failing to comply with a requirement in relation to a person travelling from a restricted area (however described) and seeking to enter Victoria without a reasonable excuse or other valid reason or excuse—2·5 penalty units; or<br>(b) if the offence is not constituted by a contravention referred to in paragraph (a)—1 penalty unit |\n| 109 | S. 165BN(1) | In the case of a body corporate, 30 penalty units<br>In the case of an adult, 5 penalty units<br>In the case of a child of or above the age of 15 years, 2 penalty units<br>In the case of a child under the age of 15 years, 0·5 penalty units | In the case of an adult, 1 penalty unit |\n| 110 | An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a face covering | In the case of an adult, $100<br>In the case of a child of or above the age of 15 years, $40<br>In the case of a child under the age of 15 years, $20 | In the case of an adult, $50 |\n| 111 | An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a requirement to self-isolate or self-quarantine | In the case of an adult, 15 penalty units<br>In the case of a child of or above the age of 15 years, 2·5 penalty units<br>In the case of a child under the age of 15 years, 0·5 penalty units | In the case of an adult, 2·5 penalty units |\n| 112 | An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a requirement restricting movement in a pandemic management area | In the case of a child of or above the age of 15 years, 2·5 penalty units<br>In the case of a child under the age of 15 years, 0·5 penalty units<br>In any other case, 15 penalty units | In the case of an adult, 2·5 penalty units |\n|  |  |  |  |\n| 113 | An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a requirement restricting movement in, into or from a restricted area (however described) | In the case of a child of or above the age of 15 years, 2·5 penalty units<br>In the case of a child under the age of 15 years, 0·5 penalty units<br>In any other case, 15 penalty units | In the case of an adult, 2·5 penalty units |\n| 114 | An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a public or private gathering in a pandemic management area | In the case of a child of or above the age of 15 years, 2·5 penalty units<br>In the case of a child under the age of 15 years, 0·5 penalty units<br>In any other case, 15 penalty units | In the case of an adult, 2·5 penalty units |\n| 115 | An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a requirement in relation to entering a pandemic management area | In the case of a child of or above the age of 15 years, 2·5 penalty units<br>In the case of a child under the age of 15 years, 0·5 penalty units<br>In any other case, 15 penalty units | In the case of an adult, 2·5 penalty units |\n| 116 | An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a requirement to display a sign advising of a requirement to wear a face covering | In the case of a natural person, 3 penalty units<br>In the case of a body corporate, 15 penalty units |  |\n| 117 | An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a requirement to display density quotient signage | In the case of a natural person, 3 penalty units<br>In the case of a body corporate, 15 penalty units |  |\n| 118 | An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, by exceeding a density quotient (however described) or the permitted number of persons (however described) for a space by up to 50 per cent | In the case of a natural person, 3 penalty units<br>In the case of a body corporate, 15 penalty units |  |\n| 119 | An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, by exceeding a density quotient (however described) or the permitted number of persons (however described) for a space by between 50 per cent and 100 per cent | In the case of a natural person, 6 penalty units<br>In the case of a body corporate, 30 penalty units |  |\n| 120 | An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, by exceeding a density quotient (however described) or the permitted number of persons (however described) for a space by between 100 per cent and 250 per cent | In the case of a natural person, 12 penalty units<br>In the case of a body corporate, 60 penalty units |  |\n| 121 | An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, by exceeding a density quotient (however described) or the permitted number of persons (however described) for a space by more than 250 per cent | In the case of a natural person, 15 penalty units<br>In the case of a body corporate, 75 penalty units |  |\n| 122 | An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made | In the case of a natural person, 3 penalty units<br>In the case of a body corporate, 15 penalty units |  |\n|  | in the exercise of a pandemic management power, that relates to a requirement to keep records showing compliance with cleaning protocols |  |  |\n| 123 | An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to cleaning requirements | In the case of a natural person, 3 penalty units<br>In the case of a body corporate, 15 penalty units |  |\n| 124 | An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a crib room requirement in relation to construction sites | In the case of a natural person, 6 penalty units<br>In the case of a body corporate, 30 penalty units |  |\n| 125 | An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a requirement for an employer to take reasonable steps to ensure a worker complies with face covering requirements when working at a work premises | In the case of a natural person, 6 penalty units<br>In the case of a body corporate, 30 penalty units |  |\n| 126 | An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a requirement to display Victorian Government QR code system signage at work premises to enable members of the public to record attendance at those work premises | In the case of a natural person, 6 penalty units<br>In the case of a body corporate, 30 penalty units |  |\n| 127 | An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a requirement to keep a record of persons who attend work premises | In the case of a natural person, 12 penalty units<br>In the case of a body corporate, 60 penalty units |  |\n| 128 | An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a requirement to use Service Victoria as the approved record keeping system | In the case of a natural person, 12 penalty units<br>In the case of a body corporate, 60 penalty units |  |\n| 129 | An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a requirement to request that all members of the public record their attendance at work premises | In the case of a natural person, 12 penalty units<br>In the case of a body corporate, 60 penalty units |  |\n| 130 | An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a requirement to have a COVID Marshal | In the case of a natural person, 12 penalty units<br>In the case of a body corporate, 60 penalty units |  |\n| 131 | An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a requirement in relation to the role of COVID Marshal | In the case of a natural person, 12 penalty units<br>In the case of a body corporate, 60 penalty units |  |\n| 132 | An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a requirement to have a COVIDSafe Plan in place | In the case of a natural person, 12 penalty units<br>In the case of a body corporate, 60 penalty units |  |\n| 133 | An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a | In the case of a natural person, 12 penalty units<br>In the case of a body corporate, 60 penalty units |  |\n|  | direction given or a requirement made in the exercise of a pandemic management power, that relates to a requirement to have a COVIDSafe Plan in place that meets all criteria for those plans |  |  |\n| 134 | An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a requirement of a COVIDSafe Plan | In the case of a natural person, 12 penalty units<br>In the case of a body corporate, 60 penalty units |  |\n| 135 | An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a requirement for an employer to arrange operations at work premises so as to have workers consistently working with the same group of workers, if reasonably practicable | In the case of a natural person, 12 penalty units<br>In the case of a body corporate, 60 penalty units |  |\n| 136 | An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a requirement in relation to the operation of authorised work premises | In the case of a natural person, 15 penalty units<br>In the case of a body corporate, 75 penalty units |  |\n| 137 | An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a | In the case of a natural person, 15 penalty units<br>In the case of a body corporate, 75 penalty units |  |\n|  | pandemic management power, that relates to a requirement in relation to permitting persons to attend closed work premises |  |  |\n| 138 | An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a requirement preventing a worker who lives in a restricted area (however described) from working at work premises outside of the restricted area (however described) | In the case of a natural person, 12 penalty units<br>In the case of a body corporate, 60 penalty units |  |\n| 139 | An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a requirement preventing a worker who lives outside of a restricted area (however described) from working at work premises in the restricted area (however described) | In the case of a natural person, 12 penalty units<br>In the case of a body corporate, 60 penalty units |  |\n| 140 | An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a requirement in relation to holding an exempt public event | In the case of a natural person, 15 penalty units<br>In the case of a body corporate, 75 penalty units |  |\n| 141 | An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management | In the case of a natural person, 15 penalty units<br>In the case of a body corporate, 75 penalty units |  |\n|  | power, that relates to a requirement for an employer to collect, record and maintain vaccination information of workers, if vaccination is mandatory |  |  |\n| 142 | An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a requirement for an employer to take reasonable steps to prevent the entry to work premises of any unvaccinated worker, if vaccination is mandatory | In the case of a natural person, 15 penalty units<br>In the case of a body corporate, 75 penalty units |  |\n\n","sortOrder":143},{"sectionNumber":"Sch 9","sectionType":"schedule","heading":"Transitional—approved courses and qualifications","content":"Schedule 9—Transitional—approved courses and qualifications\n\nRegulation 117(1)\n\n***registered education and training organisation***  has the same meaning as in the **Education and Training Reform Act 2006**.\n\n| *Column 1*<br>*A licence that only authorises the use of—* | *Column 2*<br>*Qualification* |\n| Pesticides (except fumigants) that have been formulated for the control of any pest, to control any pest except a pest animal. | **Completion of at least one of—**<br>**Victoria**<br>Certificate in Pest Control (conducted by Commercial Pest Training Services and TAFE Colleges in Victoria).<br>Statement of Attainment in Units 5, 6 and 18 of Certificate II in Asset Maintenance (Pest Management—Technical) issued by a registered education and training organisation.<br>Statement of Attainment in Units 5, 6 and 18 of Certificate III in Asset Maintenance (Pest Management—Technical) issued by a registered education and training organisation.<br>Certificate for recognition of current competencies or prior learning in pest control issued by a registered education and training organisation.<br>Pest Control Correspondence Course (conducted by Australian Environmental Pest Managers Association). |\n|  | **South Australia**<br>South Australia Pest Control Certificate Course (conducted by Gilles Plains College of TAFE).<br>**New South Wales**<br>New South Wales Urban Pest Control Course (conducted by New South Wales Department of TAFE at Sydney, Ryde and Werrington Colleges).<br>New South Wales Urban Pest Control Correspondence Course (conducted by New South Wales Department of TAFE, Open Training and Education Network).<br>**Western Australia**<br>Western Australia Pesticide Safety, Pest Control Principles, and Pest Control Domestic and Commercial Courses (conducted by Bentley College of TAFE and Western Australia Department of TAFE Division of External Studies).<br>**Northern Territory**<br>Northern Territory Pest Control Operators Course (conducted by Northern Territory Institute of TAFE External Studies Centre) plus final unit of Victorian Certificate Course in Pest Control.<br>**Queensland**<br>Queensland Pest Control Course (conducted by Queensland Distance Education Centre) plus final unit of Victorian Certificate Course in Pest Control.<br>Urban Pest Control Course (conducted by Ithaca College of TAFE, Grovely Campus). |\n| Pesticides—<br> (i) that have been formulated for the control of any pest animal; and<br> (ii) to protect an area or place in a building used for commercial purposes or domestic premises or privately owned land adjacent to domestic premises. | **Completion of at least one of—**<br>**Victoria**<br>Pest Animal Management Course (conducted by Victorian College of Agriculture and Horticulture and Victorian Colleges of TAFE).<br>Statement of Attainment in the Pest Animal Management Unit of the Diploma of Applied Science (Natural Resource Management) issued by a registered education and training organisation.<br>Statement of Attainment in Units RTD2101A, RTD2126A, RTD4403A and RTE3406A of Certificate III in Conservation and Land Management issued by a registered education and training organisation.<br>Certificate for recognition of current competencies or prior learning in pest animal control issued by a registered education and training organisation. |\n| Pesticides that are in the form of fumigants. | **Completion of at least one of—**<br>**Victoria**<br>Methyl Bromide Fumigation Course (conducted by Victorian College of Agriculture and Horticulture and University of Melbourne).<br>Statement of Attainment in Unit 6 of Certificate II and Unit 11 of Certificate III in Asset Maintenance (Pest Management—Technical) issued by a registered education and training organisation.<br>Statement of Attainment in Unit 11 of Certificate III in Asset Maintenance (Pest Management— |\n|  | Technical) issued by a registered education and training organisation on or after 1 January 2005.<br>Certificate for recognition of current competencies or prior learning in the use of fumigants in pest control issued by a registered education and training organisation.<br>Phosphine Fumigation Course conducted by The Grain Elevators Board, VicGrain or GrainCorp.<br>**New South Wales**<br>New South Wales Fumigation Course (conducted by New South Wales WorkCover Authority).<br>**South Australia**<br>South Australia Fumigation Course (conducted by Gilles Plains College of TAFE). |\n\n","sortOrder":144},{"sectionNumber":"Sch 10","sectionType":"schedule","heading":"Transitional—courses of training and units of competency","content":"Schedule 10—Transitional—courses of training and units of competency\n\nRegulation 117(2)\n\n| *Column 1*<br>*A licence that only authorises the use of—* | *Column 2*<br>*Course of training* | *Column 3*<br>*Units of competency* |\n| --- | --- | --- |\n| Pesticides (except fumigants) that have been formulated for the control of any pest, to control any pest except a pest animal. | Certificate III in Asset Maintenance (Pest Management—Technical) | Units 5, 6 and 18 of Certificate III in Asset Maintenance (Pest Management––Technical) |\n| Pesticides—<br> (i) that have been formulated for the control of any pest animal; and<br> (ii) to protect an area or place in a building used for commercial purposes or domestic premises or privately owned land adjacent to domestic premises. | Certificate III in Conservation and Land Management; or<br>Pest Animal Management Course | Units RTD2101A, RTD2126A, RTD4403A and RTE3406A of Certificate III in Conservation and Land Management; or<br>Units of competency related to pest animal management course |\n| Pesticides that are in the form of fumigants. | Certificate III in Asset Maintenance (Pest Management—Technical) | Unit 11 of Certificate III in Asset Maintenance (Pest Management––Technical) |\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 Versions of legislation and up-to-date legislative information.\n\nThe Public Health and Wellbeing Regulations 2019, S.R. No. 135/2019 were made on 10 December 2019 by the Governor in Council under sections 232, 233, 234, 235, 236, 237, 238 and 239 of the **Public Health and Wellbeing Act 2008**, No. 46/2008 and came into operation as follows:\n\nRegulations 1−22, 24(1), 25−39, 45−134 on 14 December 2019: regulation 3(1); regulations 23, 24(2), 40−44 on 14 December 2020: regulation 3(2).\n\nThe Public Health and Wellbeing Regulations 2019 will sunset 10 years after the day of making on 10 December 2029 (see section 5 of the **Subordinate Legislation Act 1994**).\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 regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original regulation, rule 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 a Statutory Rule which is made on or after  \n1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nThis includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.  \nSee section 36(1A)(2A)(2B).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in a Statutory Rule which is made on or after  \n1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nSee section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after  \n1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule 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 a Statutory Rule 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 a Statutory Rule. See section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThis publication incorporates amendments made to the Public Health and Wellbeing Regulations 2019 by statutory rules, subordinate instruments and Acts.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\nPublic Health and Wellbeing Regulations 2019, S.R. No. 135/2019\n\n| *Date of Making:* | 10.12.19 |\n| *Date of Commencement:* | Reg. 133 on 14.12.19: reg. 3(1); reg. 123 inserted on 21.12.21 by S.R. No. 175/2021 reg. 4 |\n| *Note:* | Reg. 133 provided that Pt 10 (regs 120−134) expired on 14.12.20; reg. 123 revoked Pt 10 (regs 120–123) on 1.11.22 |\n\nPublic Health and Wellbeing Amendment (Coronavirus) Regulations 2020, S.R. No. 4/2020\n\n| *Date of Making:* | 29.1.20 |\n| *Date of Commencement:* | 29.1.20 |\n\nPublic Health and Wellbeing Amendment Regulations 2020, S.R. No. 5/2020\n\n| *Date of Making:* | 4.2.20 |\n| *Date of Commencement:* | 5.2.20: reg. 3 |\n\nPublic Health and Wellbeing Amendment (Infringements) Regulations 2020, S.R. No. 20/2020\n\n| *Date of Making:* | 28.3.20 |\n| *Date of Commencement:* | 28.3.20 |\n\nPublic Health and Wellbeing Amendment (Further Infringement Offences) Regulations 2020, S.R. No. 76/2020\n\n| *Date of Making:* | 22.7.20 |\n| *Date of Commencement:* | 22.7.20 |\n\nPublic Health and Wellbeing Further Amendment (Infringements) Regulations 2020, S.R. No. 79/2020\n\n| *Date of Making:* | 4.8.20 |\n| *Date of Commencement:* | 4.8.20 |\n\nPublic Health and Wellbeing Amendment (Compliance) Regulations 2020, S.R. No. 86/2020\n\n| *Date of Making:* | 22.8.20 |\n| *Date of Commencement:* | 22.8.20 |\n\nPublic Health and Wellbeing Amendment (Further Infringements) Regulations 2020, S.R. No. 93/2020\n\n| *Date of Making:* | 16.9.20 |\n| *Date of Commencement:* | 16.9.20 |\n\nPublic Health and Wellbeing Further Amendment (Infringement Offences) Regulations 2020, S.R. No. 99/2020\n\n| *Date of Making:* | 28.9.20 |\n| *Date of Commencement:* | 28.9.20 |\n\nPublic Health and Wellbeing Amendment (Infringement Offences) Regulations 2021, S.R. No. 1/2021\n\n| *Date of Making:* | 10.1.21 |\n| *Date of Commencement:* | 10.1.21 |\n\nPublic Health and Wellbeing Further Amendment (Infringement Penalties) Regulations 2021, S.R. No. 15/2021\n\n| *Date of Making:* | 16.3.21 |\n| *Date of Commencement:* | 16.3.21 |\n\nPublic Health and Wellbeing Amendment (QR Reporting Infringement) Regulations 2021, S.R. No. 43/2021\n\n| *Date of Making:* | 11.5.21 |\n| *Date of Commencement:* | 11.5.21 |\n\nPublic Health and Wellbeing Amendment (Tiered Infringement Offences) Regulations 2021, S.R. No. 129/2021\n\n| *Date of Making:* | 21.10.21 |\n| *Date of Commencement:* | 21.10.21 |\n\nPublic Health and Wellbeing Amendment (Pandemic Infringement Offences) Regulations 2021, S.R. No. 156/2021\n\n| *Date of Making:* | 7.12.21 |\n| *Date of Commencement:* | Reg. 4(2) on 8.12.21: reg. 3(1); reg. 4(1) on 16.12.21: reg. 3(2) |\n\nPublic Health and Wellbeing Amendment (Service Victoria) Regulations 2021, S.R. No. 175/2021\n\n| *Date of Making:* | 21.12.21 |\n| *Date of Commencement:* | 21.12.21 |\n\nPublic Health and Wellbeing Amendment Regulations 2022, S.R. No. 14/2022\n\n| *Date of Making:* | 15.2.22 |\n| *Date of Commencement:* | 22.2.22: reg. 3 |\n\nPublic Health and Wellbeing Amendment (Concessional Infringement Scheme) Regulations 2022, S.R. No. 72/2022\n\n| *Date of Making:* | 30.8.22 |\n| *Date of Commencement:* | 30.8.22: reg. 3 |\n\nPublic Health and Wellbeing Amendment (Notifiable Conditions) Regulations 2022, S.R. No. 73/2022\n\n| *Date of Making:* | 30.8.22 |\n| *Date of Commencement:* | 30.8.22 |\n\nPublic Health and Wellbeing Further Amendment Regulations 2022, S.R. No. 88/2022\n\n| *Date of Making:* | 20.9.22 |\n| *Date of Commencement:* | Regs 5, 10–14 on 1.10.22: reg. 3(1); regs 6–9, 16, 17 on 1.1.23: reg. 3(2); reg. 15 on 1.12.23: reg. 3(3) |\n\nPublic Health and Wellbeing Amendment Regulations 2023, S.R. No. 27/2023\n\n| *Date of Making:* | 9.5.23 |\n| *Date of Commencement:* | 1.6.23: reg. 3 |\n\nPublic Health and Wellbeing Amendment (Notifiable Conditions) Regulations 2023, S.R. No. 52/2023\n\n| *Date of Making:* | 14.6.23 |\n| *Date of Commencement:* | Regs 5(1)(3), 6 on 30.6.23: reg. 3(1); reg. 5(2)(4) on 31.7.23: reg. 3(2) |\n\nPublic Health and Wellbeing Amendment (iGAS Disease) Regulations 2024, S.R. No. 10/2024\n\n| *Date of Making:* | 13.2.24 |\n| *Date of Commencement:* | 1.3.24: reg. 3 |\n\nPublic Health and Wellbeing Amendment (Notifiable Conditions) Regulations 2025, S.R. No. 12/2025\n\n| *Date of Making:* | 25.3.25 |\n| *Date of Commencement:* | 1.4.25: reg. 3 |\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n3 Explanatory details\n\n1. Reg. 105: S.R. No. 32/2020. [↑](#endnote-ref-2)\n\n2. Reg. 118(1): S.R. No. 178/2009. Reprint No. 1 as at 20 November 2014. Reprinted to S.R. No. 143/2013. Subsequently amended by S.R. Nos 170/2015, 3/2016, 58/2016, 53/2017, 99/2018, 148/2018 and 47/2019. [↑](#endnote-ref-3)\n\n3. Sch. 4: S.R. No. 22/2017 as amended by S.R. Nos 71/2018, 176/2018 and 71/2019.\n\n  ——\n\n  **Fee Units**\n\n  These Regulations provide for fees by reference to fee units within the meaning of the **Monetary Units Act 2004**. The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit.\n\n  The value of a fee unit for the financial year commencing 1 July 2024 is $16.33. The amount of the calculated fee may be rounded to the nearest 10 cents.\n\n  The value of a fee unit for future financial years is to be fixed by the Treasurer under section 5 of the **Monetary Units Act 2004**. The value of a fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.\n\n  **Penalty Units**\n\n  These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the **Sentencing Act 1991**. The amount of the penalty is to be calculated, in accordance with section 7 of the **Monetary Units Act 2004**, by multiplying the number of penalty units applicable by the value of a penalty unit.\n\n  The value of a penalty unit for the financial year commencing 1 July 2024 is $197.59. The amount of the calculated penalty may be rounded to the nearest dollar.\n\n  The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the **Monetary Units Act 2004**. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.\n\n  ——\n\n  **Table of Applied, Adopted or Incorporated Matter**\n\n  The following table of applied, adopted or incorporated matter was included in S.R. No. 135/2019 in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014.\n\n    | **Statutory rule provision** | **Title of applied, adopted or incorporated document** | **Matter in applied, adopted or incorporated document** |\n    | --- | --- | --- |\n    | Regulation 4 (definition of ***Water Quality Guidelines***) | Water quality guidelines for public aquatic facilities: Managing public health risks dated July 2019 and as published by Department of Health and Human Services on 20 August 2019 | The whole |\n\n   [↑](#endnote-ref-4)","sortOrder":145}],"analysis":{"summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"Based on available information, the regulations appear to serve their stated purpose of operationalising the Public Health and Wellbeing Act 2008 with specific standards and procedures. No evidence of scope creep or significant departure from original intent is apparent, though the truncated source text limits a definitive assessment."},"complexity_factors":["Regulations operate as subordinate legislation under the Public Health and Wellbeing Act 2008, requiring cross-referencing between the two instruments to understand full legal effect","Multiple regulated industries covered (beauty, accommodation, water systems, healthcare premises), each with distinct technical requirements","Involves interaction with local government enforcement roles, creating a layered compliance framework","Technical public health standards (e.g. microbial thresholds, sterilisation procedures) that require specialist knowledge to interpret","Version history indicates amendments over time, meaning current obligations depend on which version is in force","The provided source text is incomplete, preventing full assessment of all schedules and provisions — actual complexity may be higher"],"plain_english_summary":"## Public Health and Wellbeing Regulations 2019 (Victoria)\n\nThis is a set of **regulations** (detailed rules that sit underneath a larger law — the *Public Health and Wellbeing Act 2008*) made by the Victorian Government to protect public health and community wellbeing.\n\n**What it generally covers:**\n- Setting specific standards and requirements for businesses and premises that pose public health risks (e.g. hairdressers, beauty salons, skin penetration businesses like tattoo parlours, and public accommodation)\n- Rules for registered health premises to prevent infection and disease transmission\n- Requirements for cooling towers and water systems to prevent outbreaks like Legionnaires' disease\n- Procedures for handling and reporting notifiable conditions (diseases that must be reported to health authorities)\n- Standards for food safety and sanitation in certain settings\n\n**Who does this affect?**\n- **Business owners** running health-related premises (salons, spas, gyms, accommodation providers)\n- **Healthcare workers and facilities**\n- **Local councils** responsible for inspecting and enforcing these standards\n- **Ordinary Victorians** who use these services and benefit from the protections\n\n**Why does it matter?**\nThese regulations are the practical rulebook that keeps Victorians safe from preventable infections and disease outbreaks in everyday settings. Businesses that fail to comply can face inspections, fines, or closure.\n\n> ⚠️ **Note:** The source text provided is heavily truncated and appears to be mostly metadata (version history, status labels) rather than the full regulatory content. This summary reflects the known scope of this statutory instrument based on its title and numbering, but a complete analysis would require the full text of all schedules and provisions."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Regulations have been amended repeatedly since making; later amendments expanded and updated the regulated subject matter and reporting regimes. The instrument, as consolidated to 1 April 2025, includes additions and substitutions to notification rules and notifiable conditions (see reg 91 and Schedules 3–4 and 4A as amended), insertion of compliance and pandemic‑related infringement provisions (see reg 100A and Part 8, regs 115A–115C and Schedule 8 amendments), updated definitions and reporting details (reg 4 insertions and various Schedules), and new procedural powers for the Secretary and Chief Health Officer (regs 19, 99). These changes broadened reporting duties, introduced concessional infringement eligibility, clarified laboratory and testing reporting pathways, and added or revised technical obligations (for example cooling tower and aquatic facility testing and response procedures in Parts 5–6). The Table of Amendments and the endnotes record the statutory rule changes by year and regulation numbers (see Table of Amendments and endnotes), demonstrating material scope evolution from the original 2019 text."},"complexity_factors":["Large number of subject areas covered (vector control, aquatic facilities, cooling towers, Legionella risk, pest control licensing, notifications, infringements) spanning multiple Parts and Schedules","Detailed technical standards and numeric thresholds (microbiological counts, chlorine/bromine minima and maxima, pH ranges, cyanuric acid limits) that require specialist measurement and interpretation (regs 49, 54–55, 71–75)","Frequent, time‑sensitive testing and reporting obligations with staged remedial procedures and closure triggers (regs 48–59; 70–76; regs 93–96)","Multiple decision‑makers with delegated discretion (Chief Health Officer, Secretary, authorised officers, Councils) creating layered administrative processes and approvals (regs 19, 65, 74–75, 99–100)","Cross‑references to the principal Act and to many Schedules and external standards (Water Quality Guidelines), increasing interpretive burden (introductory regs; reg 4 definition of Water Quality Guidelines)","A wide range of penalties, infringement options and a concessional infringement scheme with eligibility criteria, adding legal and administrative complexity (Part 8; regs 115–115C; Schedule 8)","Transitional arrangements, exemptions and frequent amendments (Schedules 9–10; Table of Amendments), complicating compliance timelines and grandfathering rules","Record‑keeping, form approvals and publication requirements that create administrative overhead and dependencies on approved forms (regs 35(3)–(4), 38(2)–(3), 74(2)–(3), 75(2)–(3))"],"plain_english_summary":"# What these Regulations do, who they affect, and how they work\n\nThese Regulations set out the detailed rules needed to operate the Public Health and Wellbeing Act 2008 in Victoria. They convert high‑level powers in the Act into day‑to‑day requirements, tests, reporting duties, fees and offences that particular people and businesses must follow. Mechanically, the instrument:\n\n- Prescribes definitions, commencement dates and which senior officers are covered (regs 1–5, 3, 4).\n- Creates duties and powers for Councils, authorised officers, the Secretary and the Chief Health Officer to issue directions, notices and require action to control public‑health risks (for example regs 16, 19, 99–100).\n- Imposes registration, operational and record‑keeping standards on a range of businesses and premises, including personal service premises that perform skin penetration, food premises, category 1 and 2 aquatic facilities, cooling tower systems and other water delivery systems (see Parts 5–6: regs 22–61, 62–79, 80–85).\n- Sets mandatory environmental, chemical and microbiological standards and monitoring regimes for aquatic facilities and cooling towers, including specific sampling frequencies, biochemical thresholds and steps to follow if tests fail (regs 48–59; 70–75).\n- Prescribes who must notify the Department about illnesses, test results and anaphylaxis, what information must be supplied and the timeframes for notification (regs 90–97; Schedules 3–6; regs 102, 93–95).\n- Establishes pest control licensing requirements, approved training or transitional arrangements for licence holders, and record‑keeping details for pesticide applications (regs 86–89; Schedules 1–2; regs 116–119).\n- Lists infringement offences and penalties, including a concessional infringement scheme and categories of persons eligible for concessional penalties (Part 8; regs 115–115C; Schedule 8).\n\nWho pays, who decides, and what changes in behaviour\n\n- Who pays: Owners/operators/responsible persons of regulated premises and systems bear the direct costs—registration fees, fees for laboratory testing, routine servicing, disinfection, risk‑management plans and record keeping (e.g. cooling tower fees reg 64; pest licence fees reg 86; testing and treatment obligations regs 48, 70–75; record keeping regs 61, 79). Councils and the Department incur enforcement and administrative costs (regs 16, 19, 98–100). Penalties are payable by persons or corporations who contravene duties (see penalty provisions throughout and Schedule 8).\n\n- Who decides: The Chief Health Officer and the Secretary have powers to issue written notices, require tests, and approve forms (regs 19, 74(2)–(3), 75(2)–(3), 99). Councils and authorised officers can give directions and enforce many on‑site requirements (regs 16, 17, 20, 21, 100). The Secretary approves particular forms and may waive fees in limited circumstances (regs 65, 74(2), 75(2)).\n\n- Behaviour changes required: regulated businesses must adopt routine water‑quality monitoring and treatment programmes (regs 46–59), maintain and test cooling tower systems monthly and quarterly (regs 70–71), keep specified records (regs 61, 79, Schedule 2), comply with directions to abate vector risks (regs 15–21), make rapid notifications to the Department or laboratories when tests or clinical detections occur (regs 48, 59, 73–75, Schedules 3–5), and meet training or licensing criteria for pest control work (regs 86–89, Schedule 1).\n\nOfficial purposes claimed and the trade‑offs they introduce\n\n- The Regulations explicitly aim to prevent infectious disease and nuisance from disease vectors, and to support surveillance and response to notifiable conditions (reg 13; reg 90). Those stated purposes are implemented through mandatory testing, reporting, abatement directions and registration.\n\n- Trade‑offs and costs: achieving the stated public‑health objectives requires ongoing monitoring, laboratory testing, remedial treatment and record‑keeping. Those are direct costs to operators (regs 48–49, 70–75, 61, 79). Frequent sampling and defined biochemical thresholds (e.g. heterotrophic colony counts, Legionella thresholds, chlorine/bromine and pH levels in regs 49, 54, 71–75) create predictable compliance obligations but also create operational interruption risk if thresholds are exceeded (closure requirements at regs 59(6), 71(6), 72(6), 73(6)).\n\n- Incentives and compliance burden: the Regulations combine preventative duties with enforcement tools—authorised officers' directions (regs 16, 20, 21), fixed penalties for many breaches (Schedule 8), and administrative powers for the Secretary and CHO (regs 19, 99). That structure gives regulated entities an incentive to maintain systems and records, and creates a compliance burden concentrated on specific sectors: aquatic facilities, cooling tower owners, pest controllers and health‑sector reporters.\n\n- Bureaucratic discretion and implementation risk: several important operational outcomes depend on decisions by the Secretary, the Chief Health Officer, laboratories and authorised officers—who issue notices, approve forms and determine when closures or directions are necessary (regs 19, 74(2)–(3), 75(2)–(3), 99–100). Implementation thus depends on timely administrative action, laboratory capacity (see definitions of laboratory and Public Health Laboratory at reg 4), and accurate laboratory reporting (offences and procedures addressing tampering and falsification at regs 60, 77, 78, 84, 85).\n\nEffects on private enterprise and individual choice (light market‑liberal lens)\n\n- Competition and entry: registration, licensing and training requirements (Parts 5–6, Div. 3; regs 22–44; 86–89; Schedules 1, 9–10) impose fixed compliance costs that are higher for smaller operators; some mobile services are exempt only in respect of principal places of business (reg 24(1)(l)–(n)), which preserves regulatory coverage of fixed‑site competitors.\n\n- Prices and productivity: recurrent costs for monitoring, testing and remedial disinfection (regs 48–59; 68–75) are likely to raise operating costs for affected businesses. Costs may be passed to consumers; recurring service and downtime obligations (monthly servicing, potential closures) can affect productivity and availability.\n\n- Contract freedom and property: authorised officers and the CHO may direct property owners to abate conditions or close facilities where public‑health risks are identified (regs 16, 20, 21, 59(6), 71(6), 73(6)). Those powers constrain how owners use and contract over their premises when a public‑health risk arises.\n\n- Speech and signage: advertising for registered premises is restricted to the scope shown on certificates of registration, and display of the scope is mandatory (regs 37–38). That limits promotional claims about registration status to what the certificate permits.\n\nConcentrated benefits, diffuse costs and substitution effects\n\n- Concentrated benefits: prescribed standards create a clearer, enforceable compliance framework that benefits public‑health authorities and can reduce outbreak risk for the community (see reg 13 and Parts 6–7).\n\n- Diffuse costs: the financial and administrative burden of frequent monitoring, testing and record‑keeping is borne by the regulated firms and may be spread across consumers.\n\n- Substitution effects: regulated operators may change treatment technologies, close or repurpose facilities, or consolidate services to spread compliance costs. The Secretary may waive fees to synchronise registrations (reg 65), reducing some administrative friction.\n\nKey technical thresholds and enforcement levers (representative examples)\n\n- Aquatic facility microbiological limits: heterotrophic colony count <100 cfu/ml; E. coli and P. aeruginosa not detected in 100 ml (reg 49).\n- Chemical testing: free/total chlorine or bromine and pH at 4‑hour intervals during operation; alkalinity weekly and cyanuric acid monthly if used (reg 48). Cyanuric acid capped at 100 mg/L (reg 55). Specific free chlorine/free bromine minima and pH targets for different facility types are prescribed (reg 54).\n- Cooling towers: monthly servicing, monthly heterotrophic colony testing, quarterly Legionella testing, continuous biocide treatment, disinfection and cleaning regimes, mandatory reporting where Legionella >1000 cfu/ml or detected in 3 consecutive samples (regs 68–76).\n- Notifications for clinicians and laboratories: urgent conditions require telephone notification as soon as practicable and in any case within 24 hours; other conditions have 5 business‑day written reporting windows (regs 93–95; Schedules 3–4).\n\nImplementation risks to watch\n\n- Dependence on laboratory turnaround and quality (lab accreditation is required; reg 4 and Schedules 4–5), and the administrative burden of rapid reporting.\n- Operational closures that follow repeated non‑compliance can create business disruption (regs 59(6), 71(6), 73(6)).\n- The scope and specificity of many technical standards mean compliance requires either internal expertise or paid external services (e.g. risk management plans, monthly servicing and testing).\n\nWhere to look for the rules that matter (selected references)\n\n- Vector control duties and directions: regs 13–21.\n- Registration and hygiene standards for personal services and premises: regs 22–39.\n- Aquatic facility operational, testing and microbiological standards: regs 40–61 (Subdivision 2, regs 45–61 especially).\n- Cooling tower obligations, testing and Legionella response: regs 62–79.\n- Notification obligations for clinicians and pathology services and Schedules of notifiable conditions: regs 90–97; Schedules 3–5; Schedule 4A.\n- Pest control licensing, fees and records: regs 86–89; Schedules 1–2.\n- Infringements and concessional penalty scheme: Part 8 and Schedule 8 (regs 115–115C; Schedule 8).\n\nThis summary describes how the Regulations translate statutory public‑health powers into operational obligations, who carries costs and duties, the principal enforcement levers and the main technical thresholds that drive compliance. It highlights the trade‑offs between achieving surveillance and outbreak‑control aims and the compliance, administrative and operational costs placed on regulated parties (see the cited regulations above)."},"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":1878},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly beyond its original 2019 scope. While initially focused on standard public health controls (pools, skin penetration, cooling towers, and routine disease notification), it has grown to encompass extensive pandemic management infrastructure. Schedule 8 now contains approximately 80 infringement provisions specifically for COVID-19/pandemic orders (items 109-142), including detailed penalties for density quotients, QR code compliance, vaccination requirements, and COVID Marshals. Additionally, the notifiable conditions schedules have been repeatedly amended to include emerging threats (Mpox, iGAS disease, Candida auris, SARS-CoV-2 surveillance). The addition of concessional infringement schemes for vulnerable persons (Regulations 115A-115C) and emergency management compliance powers (Regulation 100A) represents a broadening from purely health standards into emergency response and social equity mechanisms."},"complexity_factors":["Length and structure: 9 Parts with multiple Divisions and Subdivisions, plus 10 detailed Schedules (some containing complex tables with up to 142 infringement items)","Defined terms: Over 50 defined terms in Regulation 4 alone, including technical medical and scientific terminology (e.g., 'heterotrophic colony count', 'nucleic acid test', 'Legionella')","Nested conditional logic: Complex multi-step procedures for cooling tower testing (Regs 71-73) and aquatic facility non-compliance (Reg 59) requiring sequential actions within specific timeframes (24 hours, 48 hours, 2-7 days)","Dual reporting regimes: Different notification requirements for 'notifiable conditions' vs 'notifiable micro-organisms' vs 'tests relating to notifiable conditions' with varying timeframes (immediate vs 5 business days vs weekly)","Technical precision: Exact chemical measurements required (e.g., 'minimum 2 mg per litre of free chlorine', pH levels 7.2-7.8, temperature maxima of 40°C, pressure measurements in kilopascals)","Cross-referencing: Extensive references to the enabling Act, other Victorian legislation (*Food Act 1984*, *Health Services Act 1988*), Commonwealth laws (*Healthcare Identifiers Act*, *National Vocational Education and Training Regulator Act*), and external documents (Water Quality Guidelines)","Layered penalties: Multiple penalty structures including standard penalties, concessional penalties for vulnerable persons (health care card holders, refugees), and tiered penalties based on percentage of density quotient breaches (Schedule 8)","Amendment complexity: Version 028 incorporating amendments up to April 2025, showing extensive evolutionary changes including pandemic-specific provisions that overlay the original scheme"],"plain_english_summary":"**What this does:**\nThese regulations set the operational rules for keeping Victorians healthy and safe from infectious diseases. They work alongside the *Public Health and Wellbeing Act 2008* to control everything from the water in your local swimming pool to the sterilisation of tattoo needles.\n\n**Who it affects:**\n- **Business owners:** Anyone running aquatic facilities (pools, spas), tattoo/piercing studios, beauty salons, or cooling tower systems (like those on large buildings)\n- **Health professionals:** Doctors who must report diseases; pathology labs that test for infections\n- **Parents & schools:** Families enrolling children in childcare or school must provide immunisation records\n- **Property owners:** People responsible for land where mosquitoes breed or where cooling towers are located\n- **Pest controllers:** Those applying pesticides must hold specific licences and qualifications\n\n**Key requirements:**\n- **Disease tracking:** Doctors must urgently report serious outbreaks (like measles, Legionnaires' disease, or food poisoning clusters) within 24 hours, while other conditions have a 5-day reporting window\n- **Safe water:** Public pools must test chemical levels every 4 hours, maintain specific chlorine/bromine concentrations, and close immediately if contaminated. Cooling towers must be tested monthly for Legionella bacteria\n- **Hygiene standards:** Tattoo and piercing businesses must sterilise equipment at specific temperatures (121°C for 15 minutes, etc.) and keep client records for 12 months\n- **Vaccination proof:** Children must have immunisation status certificates to attend childcare or primary school, and unvaccinated children may be excluded during outbreaks\n- **Mosquito control:** Council officers can order landowners to drain stagnant water that breeds disease-carrying mosquitoes\n\n**Why it matters:**\nThese rules create an early warning system for disease outbreaks, prevent infections in high-risk settings (hospitals, pools, personal services), and ensure quick public health responses to threats like Legionella in building water systems or vector-borne diseases."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/public-health-and-wellbeing-regulations-2019","history":"/api/acts/public-health-and-wellbeing-regulations-2019/history","analysis":"/api/acts/public-health-and-wellbeing-regulations-2019/analysis","conflicts":"/api/acts/public-health-and-wellbeing-regulations-2019/conflicts","importantCases":"/api/acts/public-health-and-wellbeing-regulations-2019/important-cases","documents":"/api/acts/public-health-and-wellbeing-regulations-2019/documents"}}