Div 4Aof Part 11 contains general provisions relating to compliance and enforcement.

Division 4A of Part 11 contains general provisions relating to compliance and enforcement. Division 6—Special protections in respect of powers of detention S. 165BD inserted by No. 53/2021 s. 12. 165BD When detention commences The detention of a person in the exercise of a pandemic management power under section 165B(1)(b) or 165BA(1)(b) commences at whichever of the following times occurs first— (a) the time when the person is first at a place where the person is to be detained after the exercise of the pandemic management power, whether or not the person is to remain at that place throughout the period of detention, or is to be transported to another place; (b) the time when the person is first taken into the physical custody of an authorised officer in the exercise of the pandemic management power or into the physical custody of a person assisting an authorised officer; (c) the time when an authorised officer takes an action in respect of the person, the taking of which is specified in the pandemic order as being the commencement of the detention of a person. S. 165BE inserted by No. 53/2021 s. 12. 165BE Requirement to isolate or quarantine not of itself detention To avoid doubt, for the purposes of this Part, a person who is required to isolate or quarantine under a pandemic order or under a direction given in the exercise of a pandemic management power is not detained for the purposes of this Part merely because of the requirement to isolate or quarantine. S. 165BF inserted by No. 53/2021 s. 12. 165BF Pandemic management powers that involve detention (1) Subject to subsection (4), before a person is detained pursuant to the exercise of a pandemic management power, or the detention of a person is extended in the exercise of a pandemic management power, the person must be given— (a) a notice under subsection (2); or (b) an explanation of the reason why it is necessary to detain the person, and a warning to the person that a refusal or failure to comply with a pandemic order, or a direction given or a requirement made, in the exercise of a pandemic management power without a reasonable excuse is an offence. (2) A notice under this subsection must be in writing and must state the following— (a) the purpose of the detention and its terms; (b) any exemptions that may be available to the person in respect of the detention; (c) an explanation of the person's rights and entitlements in relation to making a complaint, seeking an exemption or seeking a review of the detention or the extension of the detention including, but not limited to— (i) the process for making a complaint or seeking an exemption; and (ii) the process for making an application for review of the detention under section 165BI; (d) that a refusal or failure to comply with a pandemic order, or with a direction given to the person, or a requirement made of the person, in the exercise of a pandemic management power without a reasonable excuse is an offence. (2A) Without limiting subsection (2)(c), an explanation under that subsection must include an explanation of the following rights that the person has, or may have, and the processes in respect of those rights— (b) the right to make a complaint under section 185 of this Act; or (c) the right to seek review in a court. (3) If an explanation is given under subsection (1)(b) or a notice is given under subsection (2)— (a) it must be in a form that the person to whom it is given is capable of understanding; or (b) t he person to whom it is given must be provided with reasonable assistance to understand the explanation or notice. (4) If, in the particular circumstances in which a person is detained or the detention of a person is extended, it is not practicable to give a notice or an explanation to the person before the person is detained or the extension takes effect, a notice or explanation must be given as soon as reasonably practicable. (5) If a person is given an explanation under subsection (1)(b) or (4), a notice under subsection (2) must be given to the person as soon as reasonably practicable after the explanation is given. S. 165BG inserted by No. 53/2021 s. 12. 165BG Authorised officers must facilitate communication and review detention (1) An authorised officer must facilitate any reasonable request for communication made by a person who is detained under section 165B(1)(b) or 165BA(1)(b). (2) Subject to subsection (3), an authorised officer must, at least once every 24 hours during the period that a person is detained, review whether the authorised officer is satisfied that the continued detention of the person is reasonably necessary to eliminate or reduce a serious risk to public health. (3) If it is not reasonably practicable for a review under subsection (2) to be undertaken within a particular 24 hour period, the review must occur as soon as practicable and without undue delay. S. 165BH inserted by No. 53/2021 s. 12. 165BH Reports by authorised officers to Chief Health Officer about exercise of pandemic management powers that involve detention (1) An authorised officer must, as soon as is reasonably practicable, give written notice to the Chief Health Officer of each of the following— (a) that a person has been detained in the exercise of a pandemic management power under section 165B(1)(b) or 165BA(1)(b); (b) that following a review under subsection 165BG(2), a person is to continue to be detained under section 165B(1)(b) or 165BA(1)(b). (2) A notice under subsection (1) must include— (a) the name of the person being detained; and (b) a brief statement as to the reason why the person is detained or continues to be detained; and (c) if a review under subsection 165BG(2) did not occur within a 24 hour period as required by that subsection— (i) when the review occurred; and (ii) the reason why the review did not occur within the 24 hour period. (3) The Chief Health Officer must, as soon as is reasonably practicable— (a) advise the Minister in writing of the following as applicable— (i) that a person has been detained under section 165B(1)(b) or 165BA(1)(b); (ii) that following a review under section 165BG(2) a person is to continue to be detained under section 165B(1)(b) or 165BA(1)(b); and (b) include in the advice the name of the person being detained and a brief statement as to the reason why the person is, or continues to be, detained. S. 165BI inserted by No. 53/2021 s. 12. 165BI Review of certain decisions in relation to detention (1) A person who is detained or whose detention is extended under section 165B(1)(b) or 165BA(1)(b) may make an application to the Detention Appeals Registrar for review by a Detention Appeals Officer of the detention including, but not limited to, in respect of the following— (a) the reasons for the detention; (b) the period of the detention; (c) the place of the detention; (d) the conditions of the detention; (e) any other matter relating to the detention. (2) A person who has made an application under subsection (1) may make further applications under that subsection if— (a) the most recent application made by the person has been determined; and (b) since the most recent application was determined, new and materially different circumstances have arisen that affect the person in respect of the detention. (3) An application under subsection (1)— (a) must be in writing; and (b) must specify the grounds on which the application is made; and (c) if the application is a further application of the kind permitted by subsection (2), must include a description of the new and materially different circumstances that have arisen and affect the person in respect of the detention; and (d) must include any prescribed information; and (e) may include any other information that the person making the application considers appropriate. (4) An application under subsection (1) may also be made by a person on behalf of a person who is detained— (a) with the explicit consent of the person who is detained; or (b) without the explicit consent of the person who is detained, if the person making the application provides a written undertaking that the person who is detained has been consulted about the application and has not refused to give consent. (5) The Detention Appeals Registrar must ensure that an application made under subsection (1) is referred to a Detention Appeals Officer immediately after the application is received. S. 165BIA inserted by No. 53/2021 s. 12. 165BIA Secretary and Detention Appeals Registrar to provide relevant information and assistance to Detention Appeals Officers (1) The Secretary and the Detention Appeals Registrar must use their best endeavours to provide a Detention Appeals Officer with all relevant information in their possession including, but not limited to, documents and information mentioned in section 165BJ(3)(ab), as soon as reasonably practicable after an application under section 165BI is received by the Detention Appeals Registrar. (2) The Secretary and the Detention Appeals Registrar must use their best endeavours to provide a Detention Appeals Officer with any information requested by the Detention Appeals Officer under section 165BJ(3)(c) within 24 hours after receiving the request. (3) The Secretary and the Detention Appeals Registrar must provide all reasonable assistance requested by a Detention Appeals Officer for the purposes of the Detention Appeals Officer considering and deciding applications for review. (4) The provision of information under subsection (1) or (2) is authorised or required by law for the purposes of the **Privacy and Data Protection Act 2014** and the **Health Records Act 2001**. S. 165BJ inserted by No. 53/2021 s. 12. 165BJ Detention Appeals Officer must decide applications (1) This section applies if an application in respect of a decision is referred to a Detention Appeals Officer under section 165BI(5). (2) Subject to subsection (5), the Detention Appeals Officer must use their best endeavours to decide the application, and advise the applicant in writing of the decision, the reasons for it and the review rights available to the applicant within 72 hours after the application was received by the Detention Appeals Registrar or within such longer period as is requested by the applicant. (2A) Without limiting subsection (2), the advice under that subsection must include an explanation of the following rights that the person has, or may have, and the processes in respect of those rights— (b) the right to make a complaint under section 185 of this Act; (c) the right to seek review in a court. (3) In deciding the application, the Detention Appeals Officer— (a) must consider the information included in the application; and (ab) may consider any documents and other information relied upon by the authorised officer who detained the person or extended the detention of the person under section 165B(1)(b) or 165BA(1)(b) and may consider any other information in relation to the person's detention; and (ac) must take reasonable steps to contact the applicant in relation to the application; and (b) may consider any other matter the Detention Appeals Officer considers relevant, including but not limited to general information provided to the Detention Appeals Officer in relation to risks to public health; and (c) may make such further inquiries and seek such further information in relation to any aspect of the application as the Detention Appeals Officer thinks fit including, but not limited to, making inquiries of or seeking information from persons with expertise in public health. (4) The Detention Appeals Officer may decide— (a) not to vary the person's detention; or (b) subject to subsections (5), (6) and (7), to vary or cease the person's detention. (5) A Detention Appeals Officer must not vary or cease a person's detention under subsection (4)(b) unless the Detention Appeals Officer has consulted and considered the advice of the Chief Health Officer about the proposed variation or cessation. The Chief Health Officer can delegate powers, duties and functions: see section 22. (6) If a Detention Appeals Officer consults the Chief Health Officer about the proposed variation or cessation of a person's detention, the Chief Health Officer must make their best endeavours to provide oral or written advice about the proposed variation or cessation within 24 hours. (7) If the Chief Health Officer provides oral advice under subsection (6), a written record of the advice must be prepared as soon as practicable— (a) by the Chief Health Officer; or (b) by the Detention Appeals Officer, who must provide a copy of the written record to the Chief Health Officer for endorsement by the Chief Health Officer. S. 165BL inserted by No. 53/2021 s. 12. 165BL Detention not unlawful merely because of a decision on review If the detention of a person ceases because of a decision made on a review of the detention, the detention of the person is not unlawful merely because of the decision made on the review. S. 165BM inserted by No. 53/2021 s. 12. 165BM Detention guidelines and standards (1) The Minister may make and publish guidelines and standards in relation to the welfare of persons detained under section 165B(1)(b) or 165BA(1)(b). (2) The Minister must consult the Chief Health Officer before making guidelines or standards under subsection (1). (3) Guidelines and standards made under subsection (1) may deal with any matter relating to the welfare of detained persons. For example, matters could include the provision of psychological support and contact with other persons. (4) In performing functions and exercising powers under this Act, a person must have regard to any guidelines and standards issued under subsection (1). (5) If a standard makes specific provision in relation to a particular matter, a person must perform functions and exercise powers under this Act in compliance with the provision, to the extent that the provision is not inconsistent with a pandemic order. (6) If the Minister makes a pandemic order that is inconsistent with a guideline or a standard, the Minister must explain the reasons for the inconsistency in the statement of reasons referred to in section 165AP(2)(b) in relation to the pandemic order. Division 6A—Offences, penalties and related matters S. 165BN inserted by No. 53/2021 s. 12. 165BN Failure to comply with pandemic order, direction or other requirement (1) A person commits an offence if the person refuses or fails to comply with a pandemic order, or with a direction given to the person, or a requirement made of the person, in the exercise of a pandemic management power. (2) A person is not guilty of an offence against subsection (1) if the person had a reasonable excuse for refusing or failing to comply. Division 7—Information sharing S. 165BR inserted by No. 53/2021 s. 12. 165BR Secretary and Chief Health Officer may collect, use and disclose information The Secretary and the Chief Health Officer may collect, hold, manage, use, disclose or transfer information if this is reasonably necessary for— (a) the performance of functions or the exercise of powers under or in relation to this Part; or (b) achieving the objective of this Part. S. 165BS inserted by No. 53/2021 s. 12. 165BS Provision of information etc. is authorised by law To avoid doubt, the disclosure or transfer of personal information or health information in answering a question, giving information or producing a document or other thing as authorised or required by this Part is taken to be authorised or required by law for the purposes of— (a) the **Privacy and Data Protection Act 2014**; and (b) the **Health Records Act 2001**. S. 165BT inserted by No. 53/2021 s. 12. 165BT Pandemic information determination (1) The Minister may apply to the Information Commissioner, in writing, for a determination (a ***pandemic information determination***) under section 165BU(1) in relation to either or both of the following in respect of information that is collected, held, managed, used, disclosed or transferred for the purposes of this Part— (a) an act or a practice of an organisation that contravenes or may contravene a specified Information Privacy Principle or an approved code of practice within the meaning of the **Privacy and Data Protection Act 2014**; (b) an act or a practice of an organisation that contravenes or may contravene a specified Health Privacy Principle. (2) An application for a pandemic information determination must specify— (a) the act or practice to which the determination would apply; and (b) the persons or organisations to which the determination would apply; and (c) the Information Privacy Principle, approved code of practice or Health Privacy Principle to which the application relates; and (d) the reasons for seeking the determination. (3) A pandemic information determination may relate to personal information or health information or both. S. 165BU inserted by No. 53/2021 s. 12. 165BU Information Commissioner may make a pandemic information determination (1) The Information Commissioner may make a pandemic information determination on application under section 165BT if satisfied that the public interest in the organisation doing the act or engaging in the practice substantially outweighs the public interest in complying with the specified Information Privacy Principle, approved code of practice or Health Privacy Principle. (2) In deciding whether to make a pandemic information determination, the Information Commissioner— (a) must have regard to whether permitting the organisation to do the act or engage in the practice would be in the public interest; and (b) must have regard to the objective of this Act, the objective of this Part, the **Privacy and Data Protection Act 2014** and the **Health Records Act 2001**; and (c) may have regard to any other matter the Information Commissioner considers relevant. (3) The Information Commissioner must consult the Health Complaints Commissioner before making a pandemic information determination that relates to a Health Privacy Principle. (4) The Health Complaints Commissioner may comment in writing on a pandemic information determination made by the Information Commissioner that relates to a Health Privacy Principle. (5) A pandemic information determination must include a statement of reasons for making the determination. S. 165BV inserted by No. 53/2021 s. 12. 165BV Effect of a pandemic information determination If the Information Commissioner makes a pandemic information determination, the persons or organisations to which the determination applies are not required to comply with the Information Privacy Principles, approved codes of practice and Health Privacy Principles to the extent specified in the determination. S. 165BW inserted by No. 53/2021 s. 12. 165BW Duration of a pandemic information determination A pandemic information determination has effect on and after the day of its publication until— (a) the expiry date (if any) specified in the determination; or (b) if, before the expiry date, the determination is revoked, or the pandemic declaration to which the determination relates ceases to be in force, upon that revocation or cessation. S. 165BX inserted by No. 53/2021 s. 12. 165BX Variation of a pandemic information determination (1) The Minister may apply to the Information Commissioner to vary a pandemic information determination. (2) The Information Commissioner may vary the pandemic information determination, upon application by the Minister under subsection (1), if the Information Commissioner considers it appropriate to do so. (3) In deciding whether to vary a pandemic information determination, the Information Commissioner— (a) must have regard to whether the variation would be in the public interest; and (b) must have regard to the objective of this Act, the objective of this Part, the **Privacy and Data Protection Act** **2014** and the **Health Records Act** **2001**; and (c) may have regard to any other matter the Information Commissioner considers relevant. S. 165BY inserted by No. 53/2021 s. 12. 165BY Revocation of a pandemic information determination The Information Commissioner must revoke a pandemic information determination if satisfied that— (a) the public interest in the organisation doing the act or engaging in the practice no longer substantially outweighs the public interest in complying with the Information Privacy Principle or approved code of practice or Health Privacy Principle specified in the determination; or (b) the reasons set out in the application for the determination no longer apply. S. 165BZ inserted by No. 53/2021 s. 12. 165BZ Procedures before variation or revocation of a pandemic information determination (1) Before revoking a pandemic information determination, the Information Commissioner must give the Minister written notice stating— (a) that the Information Commissioner intends to vary or revoke the determination; and (b) the reasons for the intended variation or revocation; and (c) that the Minister may make a submission as to why the determination should not be varied or revoked. (2) The Information Commissioner must consider any submission received under subsection (1)(c) within the period stated in the notice before revoking the pandemic information determination. (3) The Information Commissioner must consult the Health Complaints Commissioner before varying or revoking a pandemic information determination that relates to a Health Privacy Principle. (4) The Health Complaints Commissioner may comment in writing on an instrument varying or revoking a pandemic information determination that relates to a Health Privacy Principle. (5) An instrument varying or revoking a pandemic information determination must include a statement of reasons for the variation or revocation. S. 165C inserted by No. 53/2021 s. 12. 165C Publication of a pandemic information determination and an instrument of variation or revocation Subject to this section, within 14 days after a pandemic information determination is made, varied or revoked, the Information Commissioner must ensure that the following documents are published on an Internet site maintained by the Information Commissioner— (a) a copy of the pandemic information determination as made or varied, or the instrument of revocation; (b) a statement of reasons for the making, variation or revocation of the pandemic information determination; (c) a copy of any comments made by the Health Complaints Commissioner— (i) under section 165BU(4) on the pandemic information determination; or (ii) under section 165BZ(4) on an instrument varying or revoking the pandemic information determination. Division 8—Safeguards for contact tracing information S. 165CA inserted by No. 53/2021 s. 12. 165CA Objective The objectives of this Division are— (a) to safeguard information about individuals, and certain other information, to the extent that it forms part of a system established for contact tracing purposes in relation to a pandemic disease or a disease of pandemic potential to which a pandemic declaration relates; and (b) to provide a strong legislative framework in order to maintain the Victorian community's confidence in the safeguards that apply to the use and disclosure of such information. S. 165CB inserted by No. 53/2021 s. 12. 165CB Meaning of *contact tracing information* (1) In this Act— ***contact tracing information*** means information that forms part of a system established for contact tracing purposes in relation to a pandemic disease or a disease of pandemic potential to which a pandemic declaration relates, being information that— (a) is recorded in any form, and whether true or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information; or (b) is collected by a digital visitor registration system for the purposes of contact tracing, whether or not the information is about an individual whose identity is apparent, or can reasonably be ascertained, from the information. (2) In this Act, a system is established for ***contact tracing purposes***, in relation to a pandemic disease or a disease of pandemic potential to which a pandemic declaration relates or related, if— (a) under the system, information is or was collected, held, used, disclosed, managed and transferred by entities and individuals for the purposes of identifying, notifying or communicating with one or more other entities and individuals; and (b) the identification, notification or communication referred to in paragraph (a) is or was about one or more individuals who— (i) are, or at any time may be or may have been, infected with the pandemic disease or disease of pandemic potential; or (ii) had, or at any time may have or have had, direct or indirect contact with one or more individuals who are, or at any time may be or may have been, infected with that disease. S. 165CC inserted by No. 53/2021 s. 12. 165CC Offence to use or disclose contact tracing information A person commits an offence if— (a) the person uses or discloses contact tracing information; and (b) the use or disclosure is not authorised under section 165CD. S. 165CD inserted by No. 53/2021 s. 12. 165CD When a use or disclosure of contact tracing information is authorised (1) For the purposes of section 165CC, a use or disclosure of contact tracing information is authorised by this section if the use or disclosure— (a) is for a public health purpose; or (b) is in the performance of functions or the exercise of powers under this Part; or (c) is for a permitted purpose. (2) A use or disclosure of contact tracing information is for a ***permitted purpose*** if the use or disclosure— (a) is with the consent of any individual whose identity is apparent, or can reasonably be ascertained, from the information; or (b) is for the purpose of addressing an imminent threat to life, health, safety or welfare of one or more individuals in circumstances where an individual— (i) is, or is reasonably suspected of being, at imminent risk of self-harm; (ii) poses, or is reasonably suspected of posing, an imminent threat to the life, health, safety or welfare of others; or (c) is for the purpose of taking enforcement action (including, but not limited to, issuing infringement notices or investigating or prosecuting an offence) in respect of an offence under the following— (i) section 165CC; or (ii) section 210. Division 9—Independent Pandemic Management Advisory Committee S. 165CE inserted by No. 53/2021 s. 12. 165CE Establishment of Independent Pandemic Management Advisory Committee (1) Within 30 days of the first extension of a pandemic declaration, the Minister, by Order published in the Government Gazette, must establish a committee, to be known as an Independent Pandemic Management Advisory Committee, for the purposes of providing advice in relation to managing the pandemic disease or the disease of pandemic potential to which the pandemic declaration relates. (2) If the Minister establishes an Independent Pandemic Management Advisory Committee the Minister must, by Order published in the Government Gazette— (a) appoint as members of the committee persons whom the Minister considers have skills, knowledge or experience relevant to the committee's functions; and (b) specify the period of appointment and the terms and conditions of the appointment. (3) Before appointing a person as a member of an Independent Pandemic Management Advisory Committee, the Minister must consult the Chief Health Officer in relation to the appointment. (4) For the purposes of appointing members to an Independent Pandemic Management Advisory Committee, the Minister must ensure as far as reasonably practicable that members of the committee, taken as a group, have skills, knowledge and experience that encompass all of the following matters— (a) public health; (b) infectious diseases; (c) primary care; (d) emergency care; (e) critical care; (f) law; (g) human rights; (h) the interests and needs of traditional owners and Aboriginal Victorians; (i) the interests and needs of vulnerable communities. (5) Each person appointed in order to ensure that an Independent Pandemic Management Advisory Committee has skills, knowledge and experience in the interests and needs of traditional owners and Aboriginal Victorians must be an Aboriginal Victorian. (6) A member of an Independent Pandemic Management Advisory Committee is not subject to the **Public Administration Act 2004** (other than Part 5 of that Act) in respect of their membership. (7) A member of an Independent Pandemic Management Advisory Committee, other than a member who is an employee of the public service, is entitled to receive the fees, travelling and other allowances from time to time fixed by the Minister in respect of their appointment. S. 165CF inserted by No. 53/2021 s. 12. 165CF Functions of an Independent Pandemic Management Advisory Committee (1) The functions of an Independent Pandemic Management Advisory Committee are— (a) to review and provide advice to the Minister in relation to the exercise of powers under this Part; and (b) to prepare and provide reports to the Minister including, but not limited to, reports that make non-binding recommendations. (2) A review under subsection (1)(a) may be conducted on the initiative of an Independent Pandemic Management Advisory Committee or on request by the Minister. (3) If the Minister requests that an Independent Pandemic Management Advisory Committee advise the Minister in relation to particular matters, the committee must advise the Minister in relation to those matters, but the committee is not otherwise subject to the direction or control of the Minister. S. 165CG inserted by No. 53/2021 s. 12. 165CG Tabling in Parliament of reports Within 4 sitting days after a report under section 165CF(1)(b) is provided to the Minister, the Minister must ensure that a copy of the report is laid before each House of the Parliament. Division 10—Interaction between a state of emergency and a pandemic and other matters S. 165CH inserted by No. 53/2021 s. 12. 165CH Application of Division (1) This Division applies if— (a) a declaration of a state of emergency under section 198(1) is in force, in respect of one or more emergency areas, in relation to an infectious disease or an infectious agent that gives rise to an infectious disease; and (b) a pandemic declaration in relation to the same infectious disease comes into force at a particular time in relation to one or more pandemic management areas. (2) For the purposes of this Division the time when the pandemic declaration referred to in subsection (1)(b) comes into force is the ***pandemic start time****.* (3) On and from the pandemic start time, the declaration of the state of emergency— (a) ceases to be in force in respect of so much of each emergency area that is, or is within, a pandemic management area; (b) remains in force in respect of each other emergency area. S. 165CI inserted by No. 53/2021 s. 12. 165CI Authorised officers An authorisation of an authorised officer under section 199 that is in force immediately before the pandemic start time continues in force on and after that time as if the authorisation had been given, on the same terms, under section 165AW(2), with the following modifications— (a) if the authorisation is expressed to expire when the state of emergency declaration ceases to be in force (however described), the authorisation is taken to expire when the pandemic declaration ceases to be in force; (b) a reference in the authorisation to the emergency powers under section 200 or to directions under section 200 is taken to be a reference to the pandemic management powers and pandemic orders; (c) a restriction or limitation imposed under section 201(3)(e) is taken to be a restriction or limitation imposed under section 165AX(3)(d). S. 165CJ inserted by No. 53/2021 s. 12. 165CJ Directions of Chief Health Officer A direction given by the Chief Health Officer or their delegate under section 200(1) that is in force immediately before the pandemic start time, other than a direction that applies to a single named individual, continues in force, until it is revoked, on and after the pandemic start time— (a) as if the direction were a pandemic order in the same terms made under section 165AI(1); and (b) subject to any exemption, benefit, requirement or entitlement (however described) to which the direction was subject immediately before the pandemic start time. S. 165CK inserted by No. 53/2021 s. 12. 165CK Directions and actions other than in relation to detention (1) A direction given, and anything done, by an authorised officer under an emergency power or a public health risk power during the state of emergency, other than a direction or thing done in relation to detention under section 200(1)(a), continues in force, on and after the pandemic start time— (a) as if the direction had been given, or the thing had been done, in the exercise of a pandemic management general power under section 165B(1)(a), or a public health risk power, as the case requires; and (b) subject to any exemption, benefit, requirement or entitlement (however described) to which the direction or thing done was subject immediately before the pandemic start time. (2) Subsection (1) does not apply to a direction given, or anything done, by the Chief Health Officer or their delegate. S. 165CL inserted by No. 53/2021 s. 12. 165CL Directions and actions in relation to detention (1) Subject to this section if, immediately before the pandemic start time, a person is detained under a direction or thing done under section 200(1)(a)— (a) the detention of the person continues in force, on and after the pandemic start time, as if the person were detained under section 165B(1)(b) or 165BA(1)(b); and (b) any direction given to the person under section 200(1)(d) in relation to the detention continues in force as if the direction had been given under 165B(1)(a) or 165BA(1)(a). (2) An application under section 200B made by or on behalf of the person, which had not been determined as at the pandemic start time, is taken, on and after the pandemic start time, to have been made under section 165BI(1). (4) A decision made before the pandemic start time on an application under section 200B is taken, on and after the pandemic start time, to have been made under section 165BJ. (6) For the purposes of this section, any time frames that would have applied under this Act as in force immediately before the pandemic start time continue to apply. S. 165CM inserted by No. 53/2021 s. 12. 165CM Exemptions in relation to detention (1) Subject to this section if— (a) immediately before the pandemic start time, a person who would otherwise have been detained under section 200(1)(a) is not in detention because of the exercise of a discretion to not detain the person; and (b) as at the pandemic start time, the reasons for not detaining the person remain applicable— the person is presumed not to be required to be detained under a pandemic order on or after the pandemic start time. (2) Nothing in subsection (1) limits the operation of a pandemic order or section 165B(1)(b) or 165BA(1)(b) in respect of the person if the reasons referred to in subsection (1) cease to be applicable. S. 165CN inserted by No. 53/2021 s. 12. 165CN Secretary may appoint authorised officers During any period when a pandemic declaration is in force, in addition to the persons who may otherwise be appointed under section 30(1), the Secretary by instrument may also appoint under that subsection any of the following to be an authorised officer for the purposes of this Act— (a) a person the Secretary considers appropriate for appointment based on the person's skills, attributes or experience; (b) a police officer; (c) a protective services officer; (d) a Worksafe inspector; (e) an employee in the public sector of a State other than Victoria, or a territory; (f) a designated health service provider. S. 165CO inserted by No. 53/2021 s. 12. 165CO Limitation on the powers that may be conferred on authorised officers appointed as permitted by section 165CN (1) Despite section 189, the Chief Health Officer may only authorise an authorised officer appointed as permitted by section 165CN to exercise the following public health risk powers— (a) if the authorised officer is a police officer or a protective services officer, the public health risk powers referred to in section 190(1)(c), (d), (e) and (f); (b) if the authorised officer is a Worksafe inspector, the public health risk powers referred to in section 190(1)(c), (d), (e), (f), (g), (h), (i), (j) and (k); (c) if the authorised officer is a person appointed as permitted by section 165CN(a), the public health risk powers referred to in section 190(1)(d) and (e); (d) if the authorised officer is a person appointed as permitted by section 165CN(e) or (f), the public health risk powers specified in the authorised officer's instrument of appointment. (2) Despite section 165AW, the Chief Health Officer must not authorise an authorised officer appointed as permitted by section 165CN to exercise any of the pandemic management powers. The pandemic management powers include powers relating to detention. (3) This section does not limit the restrictions to which the appointment of an authorised officer may otherwise be subject under this Act. Division 11—Other matters S. 165CP inserted by No. 53/2021 s. 12. 165CP Interaction of powers Unless the contrary intention appears, the powers conferred by or under this Part are in addition to, and not in derogation of, any other powers conferred by or under this Act. S. 165CQ inserted by No. 53/2021 s. 12. 165CQ Interaction between pandemic order and other directions A pandemic order prevails over a direction given by an authorised officer to the extent of any inconsistency. S. 165CR inserted by No. 53/2021 s. 12. 165CR Certain instruments are not legislative instruments The following instruments are not legislative instruments within the meaning of the **Subordinate Legislation Act 1994**— (a) a pandemic declaration; (b) an instrument of variation, extension or revocation of a pandemic declaration; (c) a pandemic order; (d) an instrument of variation, extension or revocation of a pandemic order; (e) a direction made in the exercise of a pandemic management power; (f) a standard or guideline made under section 165BM; (g) a pandemic information determination; (h) a variation or revocation of a pandemic information determination. S. 165CS inserted by No. 53/2021 s. 12. 165CS Minister must establish and maintain a Pandemic Order Register (1) The Minister must establish and maintain a register (the ***Pandemic Order Register***) that includes the following instruments and incorporated matter— (a) all pandemic orders as made; (b) all pandemic orders as in force from time to time; (c) all instruments that vary, extend or revoke a pandemic order; (d) if one or more pandemic orders make provision for or in relation to a matter by applying, adopting or incorporating any matter contained in a document (not being another pandemic order, an Act, a Commonwealth Act, a Code, a statutory rule or a legislative instrument made under a Commonwealth Act), all such documents. (2) The Pandemic Order Register must be made available to the public free of charge on an Internet site maintained by the Department . (3) An electronic version of a pandemic order or a document included in the Pandemic Order Register, or a printed copy of such an order or a document, is, on the mere production of that electronic version or printed copy, admissible as evidence thereof before all courts and persons acting judicially within Victoria. (4) In this section— ***Code*** has the same meaning as it has in section 32(1) of the **Interpretation of Legislation Act 1984**; ***legislative instrument*** has the same meaning as it has in the Acts Interpretation Act 1901 of the Commonwealth. S. 165CT inserted by No. 53/2021 s. 12. 165CT Disapplication of certain requirements in relation to certain incorporated matter (1) This section applies to a pandemic order (the ***incorporating pandemic order***) that makes provision for or in relation to a matter by applying, adopting or incorporating any matter contained in another document (not being an Act, a Commonwealth Act, a Code, a statutory rule or a statutory rule made under a Commonwealth Act). (2) If the other document is also a pandemic order, section 32 of the **Interpretation of Legislation Act 1984** does not apply to matter contained in the incorporating pandemic order, or to the incorporating pandemic order. (3) If the other document is not also a pandemic order, the requirements of section 32(3)(a) and (b) and (4)(a) and (c) of the **Interpretation of Legislation Act 1984** are taken to be satisfied in relation to the incorporating pandemic order if a copy of the document that contains the matter is published on the Pandemic Order Register. S. 165CU inserted by No. 53/2021 s. 12. 165CU Immunity (a) the Chief Health Officer; (b) a delegate of the Chief Health Officer; (c) an authorised officer; (d) a Detention Appeals Officer. (2) A person to whom this section applies is not personally liable for anything done or omitted to be done in good faith, at a time when a pandemic declaration is in force, in relation to a pandemic disease or a disease of pandemic potential— (a) in the exercise of a power or the discharge of a duty in relation to the pandemic disease or disease of pandemic potential— (i) under this Part or under regulations or an instrument under this Part; or (ii) under Part 10 or under regulations or an instrument under Part 10; or (b) in the reasonable belief that the act or omission was in the exercise of a power or the discharge of a duty under this Part or Part 10, or under regulations or an instrument under this Part or Part 10, in relation to the pandemic disease or a disease of pandemic potential. (3) Any liability resulting from an act or omission that would but for subsection (2) attach to a person attaches instead to the Crown. S. 165CV inserted by No. 53/2021 s. 12. 165CV Gazette notices (1) Subject to subsection (2), production of a Government Gazette purporting to contain— (a) notice of the making, variation extension or revocation of an instrument under this Part is evidence of that making, variation, extension or revocation; and (b) a copy of the instrument is evidence of the terms of the instrument. (2) If the instrument is included in the Pandemic Order Register, and there is an inconsistency between the instrument as included in the Register and as included in the Government Gazette, section 165CS(3) prevails over subsection (1) of this section. S. 165CW inserted by No. 53/2021 s. 12. 165CW Invalidity of declaration not to affect validity of things done The validity of anything done or purportedly done in reliance on a pandemic declaration or a state of emergency declaration is not affected by the invalidity of the declaration unless the declaration was not made in good faith. S. 165CX inserted by No. 53/2021 s. 12. 165CX Independent review of Part (1) The Minister must arrange for an independent review to be conducted of the operation of this Part. (2) The independent review must commence no later than 18 months after the day on which this Part commences. (2A) For the purposes of this section, an ***independent review*** means a review by persons who— (a) in the opinion of the Minister, possess appropriate qualifications or expertise to undertake the review; and (b) collectively, have qualifications or expertise in public health and law; and (c) include one or more persons who are not employed by the State of Victoria or a State agency and have not, since the commencement of this Part, provided services to the State of Victoria or a State agency under or in connection with a contract. (2B) In this section— ***State agency*** means the following— (a) the Crown in right of Victoria; (b) a Minister of the Crown in right of Victoria; (c) a public service body within the meaning of the **Public Administration Act 2004**; (d) an instrumentality of the State of Victoria, including a body corporate established for a public purpose by or under a law of the State of Victoria; (e) a company in which a controlling interest is held by any one of the following persons, or by 2 or more of the following persons together— (i) the Crown in right of Victoria; (ii) a person or body covered by paragraph (b) or (d). (3) The Minister must cause a copy of a report of the independent review to be laid before each House of Parliament as soon as reasonably practicable after the review is completed. Pt 8B (Heading and ss 165CY–165DE) inserted by No. 53/2021 s. 21. Part 8B—Concessional infringement scheme S. 165CY inserted by No. 53/2021 s. 21. 165CY Eligible offences (1) For the purposes of this Part, an offence against this Act or the regulations is an ***eligible offence*** in respect of a natural person if— (a) the offence is prescribed by the regulations; and (b) the commission of the offence by the natural person relates to the performance of a function or the exercise of a power in respect of a pandemic disease or a disease of pandemic potential. (2) For the purposes of this Part, a person is an ***eligible person*** in relation to an eligible offence if the person is determined to be an eligible person in relation to the offence under section 165DC(1). S. 165CZ inserted by No. 53/2021 s. 21. 165CZ Application for determination (1) A natural person who has been issued with an infringement notice in respect of an eligible offence may apply to the Director, Fines Victoria for a determination under section 165DC(1) that they are an eligible person in respect of the eligible offence. If the Director, Fines Victoria determines under section 165DC(1) that a person is an eligible person, the infringement penalty payable by the person may be reduced under section 165DC(3). (2) An application under subsection (1) may also be made by a person acting on behalf of the person issued with the infringement notice. (3) An application must— (b) provide evidence that the applicant is a prescribed person or a person included in a prescribed class; and (c) provide the applicant's address for service; and (d) refer to the infringement notice to which the application relates; and (e) include any other prescribed information. S. 165D inserted by No. 53/2021 s. 21. 165D Application to be made before certain enforcement related events An application under section 165CZ(1) must be made before any of the following occur in respect of the infringement offence referred to in the application— (a) a seven-day notice served on the person has expired; (b) an attachment of earnings direction or an attachment of debts direction has been made; (c) a land charge has been recorded; (d) property has been seized under a vehicle seizure and sale notice; (e) the infringement penalty and any fees that have been added to the infringement penalty under the **Infringements Act 2006**, the **Fines Reform Act 2014** or any regulations made under those Acts have been paid; (f) the operation of the unexpired period of a seven-day notice served on the person has been waived under section 36 of the **Sheriff Act 2009**; (g) the infringement penalty or a part of the infringement penalty has been registered with the Children's Court under clause 4 of Schedule 3 to the **Children, Youth and Families Act 2005**. S. 165DA inserted by No. 53/2021 s. 21. 165DA Verification of information supplied in application The Director, Fines Victoria may specify how any information supplied in an application under section 165CZ is to be verified. S. 165DB inserted by No. 53/2021 s. 21. 165DB Suspension of enforcement action for infringement offence the subject of application (1) If an application is made under section 165CZ(1) the Director, Fines Victoria— (a) must suspend any enforcement action, and not take any further enforcement action, under the **Fines Reform Act 2014** against the applicant in respect of each eligible offence referred to in the application; and (b) may direct an enforcement agency to suspend any enforcement action, and not take any enforcement action, under the **Infringements Act 2006** against the applicant in respect of each eligible offence referred to in the application. (2) A direction under subsection (1)(b) must— (a) include notice of the application; and (b) specify that, until the Director, Fines Victoria notifies the enforcement agency of the outcome of the application, the enforcement agency— (i) must suspend any enforcement action under the **Infringements Act 2006** against the applicant in respect of each eligible offence referred to in the application; and (ii) must not take any further enforcement action against the applicant in respect of each such eligible offence. (3) The suspension of enforcement action under subsection (1)— (a) begins when the application is received by the Director, Fines Victoria; and (b) ends on the date notice is given to the enforcement agency of the outcome of the application. S. 165DC inserted by No. 53/2021 s. 21. 165DC Determination of eligible person and infringement penalty reduction (1) The Director, Fines Victoria must determine that an applicant is an eligible person in respect of an eligible offence if the Director is satisfied that— (a) the applicant was served with an infringement notice in relation to the eligible offence; and (b) the applicant is a prescribed person or a person included in a prescribed class. (2) The Director, Fines Victoria must determine that an applicant is not an eligible person in respect of an eligible offence if the Director is satisfied that the criteria in subsection (1) are not met. (3) If the Director, Fines Victoria determines that an applicant is an eligible person in respect of an eligible offence, the Director must reduce the infringement penalty in respect of the eligible offence— (a) to the prescribed amount in respect of the eligible offence; or (b) if a method for calculating the rate of reduction for an eligible offence is prescribed, the amount calculated in accordance with the prescribed method. (4) If the Director, Fines Victoria reduces the infringement penalty in respect of the eligible offence, the infringement penalty is taken to be reduced in accordance with the determination. (5) Despite subsection (4), if the applicant has already paid an amount in respect of the infringement penalty for the eligible offence that exceeds the infringement penalty as reduced, the person is not entitled to a refund of the excess. S. 165DD inserted by No. 53/2021 s. 21. 165DD Director must give notice if applicant is an eligible person (1) This section applies if the Director, Fines Victoria determines— (a) that an applicant is an eligible person in respect of an eligible offence; and (b) that the infringement penalty is reduced, and specifies the amount of the reduced infringement penalty, resulting from the determination. (2) The Director, Fines Victoria must, by writing, notify the following of the determination— (a) the applicant; and (b) if a direction has been given under section 165DB(1)(b) to an enforcement agency, the enforcement agency. (3) The applicant is not liable for any fees related to any fine which is the subject of an application that accrue while the application is being determined. (4) The period during which an enforcement agency that has been given a direction under subsection 165DB(1)(b) in relation to an eligible offence may commence a proceeding for that offence is extended by 6 months after the date of the notice given under subsection (2)(b). S. 165DE inserted by No. 53/2021 s. 21. 165DE Director must give notice if applicant is not an eligible person (1) This section applies if the Director, Fines Victoria determines that an applicant is not an eligible person in respect of an eligible offence. (2) The Director, Fines Victoria must give written notice of the determination within 21 days of its making to the following— (a) the applicant; (b) any enforcement agency to which the Director, Fines Victoria has given a direction under section 165DB(1)(b). (3) Within 21 days of the Director, Fines Victoria notifying an applicant that the applicant is not an eligible person, the person liable to pay the infringement penalty referred to in the application must— (a) pay the infringement penalty and any fees that have been added to the infringement penalty under the **Infringements Act 2006**, the **Fines Reform Act 2014** or regulations made under either of those Acts; or (b) take any other action in relation to the fine which the person may take under this Act, the **Infringements Act 2006** or the **Fines Reform Act 2014**. (4) For the purposes of subsection (3)(a), a person is not liable for any fees related to any fine which is the subject of an application, being fees that accrue while the application is being determined. (5) The period during which an enforcement agency that has been given a direction under subsection 165DB(1)(b) in relation to an eligible offence may commence a proceeding for that offence is extended by 6 months after the date of the notice given under subsection (2)(b). Part 9—Authorised officers Division 1—General 166 Production of identity card (1) An authorised officer must produce their identity card for inspection before exercising a power under this Act or the regulations. (2) However, if it is impracticable for an authorised officer to produce their identity card for inspection when exercising a power under this Act or the regulations, the authorised officer need not do so. (3) An authorised officer must produce their identity card for inspection if asked to do so by the occupier of any premises during the exercise of a power under this Act or the regulations. (4) If an authorised officer does not comply with a request under subsection (3), the authorised officer must immediately cease exercising the power under this Act or the regulations.