The Regulations define a number of key terms in regulation 4 that are essential to understanding their operation. "Aquatic facility" is divided into two categories. A category 1 aquatic facility includes swimming pools, spa pools, and interactive water features used by the public (whether free or for a fee), used in association with a class or program, located at early childhood services, schools, educational institutions, residential aged care premises, or public/private hospitals and health services. A category 2 aquatic facility is a swimming pool or spa pool used by the public and located at a residential apartment complex, hotel, motel, or hostel. Certain facilities are exempt from regulation entirely, including spa pools emptied after each use, floatation tanks, spring water pools with high turnover, waterways, and private dams. This classification is critical because category 1 aquatic facilities require registration and must comply with Subdivision 2 of Division 3 in Part 5 (general duties of aquatic facility operators), whereas category 2 facilities are not required to be registered but still must comply with the same general duties (regulation 45).

"Personal service" is broadly defined to include beauty therapy, applying cosmetics (without skin penetration), hairdressing, colonic irrigation, tattooing, ear piercing, body piercing, and any other process involving skin penetration. This definition triggers the registration and compliance obligations under Division 2 of Part 5 for premises where such services are conducted, subject to exemptions for registered health practitioners (acupuncturists, chiropractors, dentists, medical practitioners, nurses, midwives, osteopaths, physiotherapists, pharmacists, podiatrists) and certain other businesses.

"Disinfect" is defined specifically for cooling tower systems in regulation 4: a process that inactivates or removes pathogenic micro-organisms, and in the cooling tower context consists of dosing recirculating water with a chlorine-based compound (equivalent to at least 10 mg/L free chlorine for at least one hour, pH 7.0-7.6) or a bromine-based compound (equivalent to at least 20 mg/L free bromine for at least one hour, pH 7.0-8.5). This precise definition affects compliance with regulation 69 (disinfection, cleaning, re-disinfection) and the procedures in regulations 71-73 for responding to high heterotrophic colony counts or detection of Legionella.

"Responsible person" is defined separately for cooling tower systems (regulation 62: a person who owns, manages or controls a cooling tower system) and for Legionella risks in certain premises (regulation 80: a person who owns, manages or controls a water delivery system located at premises specified in regulation 81). These are the duty holders under Part 6 Divisions 1 and 2.

"Notifiable condition" and "notifiable micro-organism" are defined by reference to the schedules. The Regulations prescribe infectious diseases and medical conditions in Schedule 3 (for notification by registered medical practitioners), Schedule 4 (for notification by pathology services when a test result indicates a person has or may have a notifiable condition), and Schedule 4A (for notification by pathology services when a test relates to a notifiable condition, requiring weekly reporting of testing information for conditions such as chlamydia, influenza, RSV, and SARS-CoV-2). The notification details required vary depending on the condition and the reporter, with some conditions marked with an asterisk allowing reduced identifying information (first two letters of name, postcode only) for conditions like HIV, syphilis, and gonococcal infection.

The Regulations impose duties on a wide range of natural persons, businesses, and public entities. Owners and occupiers of premises are the primary duty holders under Part 4 for controlling mosquito breeding grounds (regulation 15) and complying with directions from authorised officers (regulations 16, 17). The duty is not limited to commercial premises; it extends to any land where mosquitoes breed. Where the Chief Health Officer issues a disease vector control notice under regulation 19, owners and occupiers in the affected municipal district must comply with directions from authorised officers (regulations 20, 21).

Proprietors and occupiers of registered premises under Part 5 Division 2 are those who conduct personal service businesses involving skin penetration (tattooing, body piercing, ear piercing, and other skin penetration). They must ensure premises are clean and hygienic (regulation 29), that skin-penetrating equipment is sterile at the time of use (regulation 30), that contaminated articles are destroyed or sterilised (regulation 31), that other articles are clean (regulation 32), that staff are clean and have no exposed cuts (regulation 33), that hand washing facilities are available (regulation 34), that clients receive written information about risks (regulation 35), that client records are kept for 12 months (regulation 36), that advertising does not misrepresent the scope of registration (regulation 37), and that a notice about the scope of registration is displayed (regulation 38). These duties affect tattooists, body piercers, and any business offering skin penetration services, excluding those conducted by exempt health practitioners.

Aquatic facility operators , defined as persons who own, manage or control an aquatic facility , are subject to the general duties in Subdivision 2 of Division 3 of Part 5. This affects operators of category 1 aquatic facilities (which must be registered) and category 2 aquatic facilities (which are not required to be registered but must still comply with the same duties, as per regulation 45 regarding the purpose of the Subdivision). Operators must manage risks from pathogenic micro-organisms in accordance with the Regulations and the Water Quality Guidelines (regulation 46), test water at specified intervals (regulation 48: 4-hourly for chlorine/bromine and pH, weekly for total alkalinity, monthly for cyanuric acid), maintain microbiological standards (regulation 49: heterotrophic colony count <100 CFU/mL, no E. coli or Pseudomonas aeruginosa), ensure clear water visibility (regulation 51), keep temperature below 40°C (regulation 52), filter visible matter (regulation 53), treat with chlorine or bromine based disinfectants with specified minimum and maximum levels (regulation 54), maintain cyanuric acid below 100 mg/L if used (regulation 55), maintain total alkalinity above 60 mg/L (regulation 56), keep combined chlorine less than free chlorine and below 1 mg/L every 24 hours (regulation 57), and follow procedures if the facility is suspected as a source of infection (regulation 58) or if microbiological parameters are not met (regulation 59).

Responsible persons for cooling tower systems (owners, managers, controllers) must register the system, pay prescribed fees (regulation 64), ensure the system is maintained and tested (regulation 63), treat recirculating water continuously with biocides and bio-dispersants (regulation 68), disinfect and clean at intervals not exceeding 6 months and after shutdowns (regulation 69), service monthly and test monthly for heterotrophic colony count and quarterly for Legionella (regulation 70), follow detailed procedures if high heterotrophic colony count or Legionella is detected (regulations 71-73), report high concentrations of Legionella (>1000 CFU/mL) and three consecutive detections to the Secretary within 24 hours (regulations 74, 75), and decontaminate if the system is suspected as a source of infection (regulation 76). These duties affect owners and operators of cooling towers in commercial buildings, industrial sites, hospitals, and other large facilities.

Responsible persons for water delivery systems at premises where residential aged care services are provided, health services are provided (excluding day procedure centres), prisons, inpatient forensic mental health services, and commercial vehicle washes must take all reasonable steps to manage Legionella risks (regulation 82). This imposes a general duty on a broad category of premises.

Registered medical practitioners and pathology services are affected by Part 7 Division 1 notification requirements. Practitioners must notify the Secretary of notifiable conditions set out in Schedule 3, either by telephone within 24 hours (Part 1 conditions) or in writing within 5 business days (Part 2 conditions). Pathology services must notify the Secretary of test results indicating notifiable conditions (Schedule 4) within 24 hours by telephone and within 5 business days in writing for urgent conditions, or within 5 business days for less urgent conditions, and for testing information for conditions listed in Schedule 4A, within 5 business days after the end of each weekly period. Parents of children attending primary schools, education and care services, or children's services centres must inform the person in charge if the child is infected with an excludable condition or has been in contact with an infected person (regulation 110). Persons in charge of those institutions must exclude children for minimum periods specified in Schedule 7 (regulation 111) and comply with Chief Health Officer directions to exclude unimmunised children at material risk of vaccine-preventable disease (regulation 111(2)-(4)). Pest control operators must hold appropriate licences (Part 6 Division 3) and keep records for 3 years (regulation 89, Schedule 2). Finally, Councils and authorised officers appointed by Councils have powers to give directions under Parts 4 and 7, and must comply with directions from the Secretary (regulation 99). The concessional infringement scheme affects persons who hold a health care card, pensioner concession card, Gold Card, or certain other documentation (regulation 115C).

The Regulations impose a web of specific duties, and also confer rights on authorised officers and the Secretary to issue directions and take enforcement action. A central duty under Part 4 is the obligation on owners and occupiers to take reasonable steps to control mosquito breeding grounds on their premises and abate conditions conducive to their establishment (regulation 15). This is a strict duty, not dependent on a prior direction. Breach carries a penalty of 10 penalty units. Additionally, authorised officers (both Council-appointed and others) may give directions to take specified steps to control mosquito breeding grounds, control adult mosquito populations, or abate conducive conditions (regulations 16, 17). Failure to comply with a direction attracts a penalty of 20 penalty units. For disease vectors other than mosquitoes, the Chief Health Officer may issue a disease vector control notice if satisfied a material risk to public health exists (regulation 19). The notice must specify the vector, municipal district, and control measures. Once such a notice is in place, authorised officers may give directions to owners/occupiers in that district to abate conditions or eliminate/eradicate the vector (regulations 20, 21). Compliance with these directions is mandatory (penalty 20 penalty units).

Under Part 5 Division 2, proprietors of registered premises where skin penetration occurs have duties regarding cleanliness, sterility, hand washing, client information, and record-keeping (regulations 29-38). Notably, regulation 30 requires that any article intended to penetrate skin be sterile at the time of use. Regulation 31 requires that articles that have penetrated skin or are contaminated with blood be destroyed or sterilised using specified steam pressure or dry heat parameters (e.g., 121°C for 15 minutes at 103 kPa, or 160°C dry heat for 120 minutes). Regulation 36 requires that the name, address, and telephone number of each client be recorded and stored for 12 months after the last procedure (with an exemption for ear piercing and dry needling). Regulation 35 requires that before a skin penetration process (tattooing, body piercing, ear piercing, or other skin penetration), the client be provided with written information in a form approved by the Secretary about risks and safeguards. The Secretary must publish these forms in the Government Gazette. Regulation 39 imposes a prescribed condition of registration: the person required to keep records under regulation 36 must take reasonable steps to protect that information.

Aquatic facility operators' duties under Part 5 Subdivision 2 are extensive. They must manage risks from pathogenic micro-organisms in accordance with the Regulations and the Water Quality Guidelines (regulation 46). This incorporates by reference a specific external document: "Water quality guidelines for public aquatic facilities: Managing public health risks" published by the Department (see definition of "Water Quality Guidelines" and the table of applied, adopted or incorporated matter in the endnotes). Operators must test water at 4-hourly intervals for free and total chlorine/bromine and pH, weekly for total alkalinity, and monthly for cyanuric acid if used (regulation 48). Microbiological parameters are strict: heterotrophic colony count below 100 CFU/mL, no E. coli or Pseudomonas aeruginosa in 100 mL (regulation 49). Temperature must not exceed 40°C (regulation 52). Chemical levels are specified in detail in regulation 54: for example, for a swimming pool treated with chlorine and without cyanuric acid, minimum free chlorine 1 mg/L, maximum total chlorine 10 mg/L, pH 7.2-7.8; for a spa pool treated with chlorine, minimum free chlorine 3 mg/L, maximum total chlorine 10 mg/L, pH 7.2-7.8. Cyanuric acid if used must not exceed 100 mg/L (regulation 55). Total alkalinity must be above 60 mg/L (regulation 56). Combined chlorine must be less than free chlorine and measured below 1 mg/L at least once every 24 hours (regulation 57). If the aquatic facility is suspected or implicated as a source of infection, the operator must take and test samples as directed and treat the facility as directed by the Secretary or authorised officer (regulation 58). If a laboratory report indicates non-compliance with microbiological parameters, the operator must implement a detailed corrective procedure within 24 hours, take a further sample within 48 hours, notify the Council of results within 24 hours of receiving the laboratory report, and repeat the process if further non-compliance persists, ultimately closing the facility if three consecutive samples fail (regulation 59). Tampering with a water sample is an offence (regulation 60). Records of test results and corrective activities must be kept for 12 months (regulation 61).

Part 6 Division 1 imposes duties on responsible persons for cooling tower systems. They must ensure the system is continuously treated with biocides, chemicals to minimise scale and corrosion, and a bio-dispersant (regulation 68). Before first operation or after a shutdown exceeding one month, and at intervals not exceeding 6 months, they must add a chlorine-compatible bio-dispersant, disinfect, clean the interior of each cooling tower, and re-disinfect (regulation 69). Routine obligations include monthly servicing (regulation 70(1)), monthly heterotrophic colony count testing (regulation 70(2)), and quarterly Legionella testing (regulation 70(3)). Detection of high heterotrophic colony count (>200,000 CFU/mL) triggers a detailed response procedure depending on whether the water has already been manually treated (regulations 71, 72). Detection of Legionella triggers disinfection, review, and retesting, with possible forced shutdown if Legionella persists (regulation 73). Responsible persons must notify the Secretary within 24 hours if a sample contains more than 1000 CFU/mL of Legionella (regulation 74) and if Legionella is detected in three consecutive samples (regulation 75). If the system is suspected as a source of infection, the responsible person must promptly sample and decontaminate as directed (regulation 76). Tampering with a sample or falsifying a laboratory report are separate offences (regulations 77, 78). Records of maintenance and laboratory reports for the preceding 12 months must be kept and produced for inspection on request (regulation 79).

Under Part 6 Division 2, responsible persons for water delivery systems at specified premises (aged care, health services, prisons, forensic mental health services, commercial vehicle washes) must take all reasonable steps to manage Legionella risks (regulation 82). This is a general duty, not a prescriptive regime like for cooling towers. If the system is suspected as a source of infection, the responsible person must promptly sample and disinfect as directed (regulation 83). Tampering with a sample or falsifying a report are offences (regulations 84, 85).

Part 7 Division 1 imposes notification duties on registered medical practitioners and pathology services. Practitioners must notify the Secretary of notifiable conditions according to the urgency categories in Schedule 3 (regulation 93). Pathology services must notify for test results indicating notifiable conditions in Schedule 4 (regulation 94) and for testing information for conditions in Schedule 4A on a weekly basis. Notifications for notifiable micro-organisms in food must also be made by the person in charge of the laboratory or the proprietor of food premises (regulation 95). The Secretary may request transfer of isolates or samples for sub-typing (regulation 96), and the Public Health Laboratory must provide sub-typing information to the Secretary (regulation 97). Under Division 2, the Secretary may notify a Council of a notifiable condition (regulation 98) and give written directions to authorised officers appointed by a Council (regulation 99). Those authorised officers must comply and may give directions to any person to implement the Secretary's direction; such persons must comply within the time specified (regulation 100). Division 4A provides for orders for tests if an incident has occurred: registered medical practitioners are a prescribed class for the purposes of section 134(1)(b)(i) of the Act (regulation 103A). Specified infectious diseases for these purposes are HIV and any form of hepatitis transmissible by blood or body fluid (regulation 103AA). Division 5 contains duties related to immunisation. Regulation 107 prescribes a period of 7 months for provision of an immunisation status certificate for a child attending an early childhood service. Regulation 108 requires the person in charge of a primary school to keep immunisation status certificate records for the period the child attended. Regulation 109 requires that authorised officers be allowed to access those certificates at any reasonable time. Regulation 110 imposes a duty on parents/guardians to inform the school or service if the child is infected with an excludable condition or has been in contact. Regulation 111 requires the person in charge to exclude children for minimum periods in Schedule 7, and also to comply with Chief Health Officer directions to exclude a child at material risk of contracting a vaccine-preventable disease. The Chief Health Officer may consider the child's immunisation status, risk, and severity of illness (regulation 111(3)). Regulation 112 permits secondary schools to disclose specified student information to Councils for immunisation coordination functions.

Blood and tissue donation duties are in Division 6. Regulations 112A and 112B prescribe HIV and Hepatitis C as diseases for which donation prohibitions apply under the Act. Regulation 113 prescribes a 6-month period for quarantine of donated semen. Regulation 113A prescribes HIV and Hepatitis C for the liability of donors (section 154(1) of the Act).

Part 8 creates infringement offences. Regulation 115 prescribes that offences against provisions set out in Column 2 of the Tables in Schedule 8 are infringement offences. The infringement penalties are specified in Column 3. Regulations 115A-115C establish a concessional infringement scheme for eligible offences where a concessional penalty is specified in Column 4 of the Tables. Eligible persons include adults holding a health care card, pensioner concession card, Gold Card, PTV Asylum Seeker ID card, or certain immigration documentation. The concessional amount in respect of an eligible offence is the concessional penalty specified in Column 4 (regulation 115B). This scheme reduces penalties for vulnerable persons.

Part 9 provides transitional provisions for pest control licences. Existing licence holders can continue to hold and renew their licences during the transition period (ending 31 December 2021) based on qualifications set out in Schedule 9 (regulation 117). New licences can be applied for during the transition period based on those transitional qualifications (regulation 119). Persons who held a licence under the 2009 Regulations on the basis of prior qualification under regulation 67 of those Regulations can continue to hold and renew their licence during the transition period if they have at least 2 years' experience in the 5 years before the application (regulation 118).

The Regulations create a two-tier enforcement structure: court-imposed penalties for offences (stated under each regulation) and an infringement notice scheme for prescribed offences (Part 8, Schedule 8). Most regulatory duties carry a maximum penalty of 20 penalty units for a natural person. For example, failing to comply with a mosquito control direction (regulations 16(5), 17(5)), failing to maintain sterile equipment (regulation 30), failing to keep client records (regulation 36), failing to comply with aquatic facility testing obligations (regulation 48), failing to maintain microbiological quality (regulation 49), failing to treat cooling tower water continuously (regulation 68), failing to service a cooling tower system monthly (regulation 70(1)), and failing to notify the Secretary of high Legionella concentrations (regulation 74(1)) all attract 20 penalty units. A few offences carry a lower penalty of 10 penalty units, such as the duty to control mosquito breeding grounds (regulation 15) and failing to display a notice at registered premises (regulation 38(1)). Regulation 100A (failing to comply with a direction by a person directed under the Emergency Management Act) carries penalties differentiated by age: for an adult, 20 penalty units; for a child of or above 15 years, 4 penalty units; for a child under 15 years, 1 penalty unit. The note under regulation 61 reminds that giving false or misleading information is an offence under section 210(1) of the Act, which carries its own penalties under the Act.

The infringement notice scheme in Part 8 allows enforcement by infringement notice without court proceedings for the offences listed in Schedule 8. The infringement penalty for most regulatory offences in the Regulations (Table 1 of Schedule 8) is 4 penalty units, with some at 2 penalty units (e.g., offence against regulation 38(1) , notice display, regulation 59(7) , failing to notify closure of aquatic facility). A few offences have higher penalties: for example, the offence against regulation 100A (compliance with direction under Emergency Management Act) has infringement penalties of 10 penalty units for an adult, 4 penalty units for a child of 15 years or above, and 1 penalty unit for a child under 15 years. For offences against the Act itself (Table 2 of Schedule 8), infringement penalties vary: operating an unregistered business (section 69(1)) is 10 penalty units for a body corporate and 4 penalty units for a natural person; failing to register a cooling tower system (section 87(2)) is 10 penalty units for a body corporate and 2 penalty units for a natural person; failing to comply with a public health direction (section 203(1)) is 60 penalty units for a body corporate and 10 penalty units for an adult, with lesser amounts for children. Table 2 also includes numerous pandemic-related infringement penalties, with graduated amounts for exceeding density quotients and other COVID-specific requirements.

The concessional infringement scheme (regulations 115A-115C) reduces the penalty for eligible offences to the concessional penalty amount specified in Column 4 of Schedule 8, where such an amount is listed. Eligibility is limited to adults who hold a health care card, pensioner concession card, Gold Card (with specific eligibility), PTV Asylum Seeker ID card, or certain immigration documentation (regulation 115C). For example, the concessional penalty for a regulation 100A offence for an adult is 1 penalty unit, compared to the standard infringement penalty of 10 penalty units. The scheme applies only to those offences specifically designated in the Tables with a concessional penalty; many regulatory offences do not have a concessional penalty column entry.

The Regulations also create specific offences for tampering with samples and falsifying laboratory reports. Regulation 60 (tampering with aquatic facility water sample), regulation 77 (tampering with cooling tower recirculating water sample), regulation 78 (falsifying laboratory report for cooling tower tests), regulation 84 (tampering with water sample for Legionella testing in specified premises), and regulation 85 (falsifying laboratory report for such tests) each carry a penalty of 20 penalty units. These are separate from the general duty provisions and are not listed as infringement offences in Schedule 8 Table 1 (they are not included in that table), meaning they would be prosecuted in court rather than by infringement notice.

Enforcement is primarily the responsibility of the Secretary and authorised officers appointed by Councils. Authorised officers may give directions (oral or written, with oral directions confirmed in writing as soon as reasonably practicable) under Part 4 for mosquito control and disease vector control. Failure to comply with a direction is an offence. Under Part 7 Division 2, the Secretary may give written directions to an authorised officer appointed by a Council, and that officer must comply (regulation 99). The authorised officer may then give written directions to any person to implement the Secretary's direction; that person must comply within the time specified (regulation 100). Non-compliance with such a direction carries 20 penalty units. Under Division 2A, a person must not refuse or fail to comply with a direction or requirement to provide name and address by a person directed under section 24 of the Emergency Management Act 1986 to exercise a public health risk power (regulation 100A). This provision was inserted by S.R. No. 86/2020, reflecting the COVID-19 pandemic context.

The value of a penalty unit is determined by the Monetary Units Act 2004. The endnotes state that for the financial year commencing 1 July 2024, a penalty unit is valued at $197.59. Therefore, a 20 penalty unit fine would be $3,951.80 (rounded to nearest dollar). Infringement penalties are expressed in penalty units or dollar amounts (pandemic-related offences). Fee units for registration fees are also subject to the Monetary Units Act; the value for the 2024-2025 financial year is $16.33 per fee unit.

The Regulations are made under and give effect to the Public Health and Wellbeing Act 2008, as stated in regulation 1. They prescribe matters that the Act requires or permits to be prescribed. Specific references to other Victorian and Commonwealth legislation appear throughout. The definition of "body piercing" derives from section 43(1) of the Summary Offences Act 1966. "Drinking water" is defined by reference to the Safe Drinking Water Act 2003. "Food premises" and "food vending machine" take their meanings from the Food Act 1984. "Prison" is defined under the Corrections Act 1986. "Privately-operated hospital" is defined under the Health Services Act 1988. "Residential apartment complex" is defined by reference to the Owners Corporations Act 2006. "Healthcare identifier" refers to the Commonwealth Healthcare Identifiers Act 2010. "Medicare number" refers to Part VII of the National Health Act 1953 (Cth). The definition of "pest animal" in Schedule 1 refers to the Catchment and Land Protection Act 1994.

The notification framework in Part 7 works with the Commonwealth's national notifiable disease surveillance system. The use of healthcare identifiers and Medicare numbers in notification details (Schedules 3, 4) is constrained: for conditions marked with an asterisk (HIV, syphilis, gonococcal infection, donovanosis), only the first two letters of the family name and given name are reported, and the healthcare identifier, Medicare number, and contact details are not notified. This reflects privacy protections under both state and Commonwealth law.

The Regulations interact with workplace health and safety legislation. Schedule 4 Part 2 includes "Blood lead greater than 5μg/dL" as a notifiable condition requiring written notification within 5 business days by pathology services. The notification details in Part 3 of that Schedule require noting whether the test was requested as part of routine biological monitoring under the Occupational Health and Safety Regulations 2017 (regulations 196, 197, or 198 of those regulations). This bridges occupational health surveillance with public health surveillance.

The immunisation provisions in Part 7 Division 5 interact with the Education and Training Reform Act 2006 and the Children's Services Regulations 2020 (the latter referenced in regulation 105 as amended, to define "occasional care service" as a prescribed class of early childhood service). The exclusion periods in Schedule 7 refer to medical certificates issued by registered medical practitioners. The powers of the Chief Health Officer to direct exclusion of children at material risk of vaccine-preventable disease (regulation 111(2)) operate independently of the minimum exclusion periods, adding an additional public health power.

Part 6 Division 2 (Legionella risks in certain premises) applies to premises where residential aged care services are provided, health services (excluding day procedure centres), prisons, inpatient forensic mental health services, and commercial vehicle washes. These premises are already subject to other regulatory schemes, such as the Aged Care Act 1997 (Cth), the Health Services Act 1988, and the Corrections Act 1986. The Regulations supplement those regimes by imposing a specific duty to manage Legionella risks and mandatory response protocols when a water delivery system is suspected as a source of infection.

The cooling tower provisions in Part 6 Division 1 interact with the Act's provisions on risk management plans (section 91) and audits (section 93). Regulation 66 specifies the risks that must be addressed in these plans, including stagnant water, nutrients, microbial growth, poor water quality, system deficiencies, location and access, and matters in reports under section 92(2)(c). Regulation 67 prescribes the documents to be inspected during audits: the risk management plan and records of repair, maintenance, and testing for the period to be audited. This creates a clear interface between the Regulations and the primary legislation.

The Emergency Management Act 1986 is referenced in Part 7 Division 2A (regulation 100A). This provision makes it an offence to refuse or fail to comply with a direction given by a person directed under section 24 of the Emergency Management Act to exercise a public health risk power under section 190(1)(e) of the Act. This cross-reference links the public health regulatory framework with emergency management powers, enabling authorised personnel to request name and address information during emergency situations.

The Monetary Units Act 2004 governs both penalty units and fee units. The value of a penalty unit for the 2024-2025 financial year is $197.59, and the value of a fee unit is $16.33. These values are fixed annually by the Treasurer and published in the Government Gazette. The Regulations do not set absolute dollar amounts but rely on these units, meaning penalties and fees adjust automatically with annual indexation.

Finally, the Regulations incorporate by reference the "Water quality guidelines for public aquatic facilities: Managing public health risks" published by the Department. This document is applied, adopted, or incorporated as in force from time to time (or a specific edition, as per the table in the endnotes which references the July 2019 edition published on 20 August 2019). This means operators must be aware of updates to these guidelines, though the Regulations themselves would need amendment to incorporate a later edition.

The Regulations have been amended numerous times since their making on 10 December 2019. The Table of Amendments in the endnotes lists 29 amending statutory rules between 2020 and 2025. The first amendments were the Public Health and Wellbeing Amendment (Coronavirus) Regulations 2020 (S.R. No. 4/2020) and the Public Health and Wellbeing Amendment Regulations 2020 (S.R. No. 5/2020), both made in early 2020. The Coronavirus amendment added conditions to the schedules, while S.R. No. 5/2020 inserted new Division 4A (Orders for tests if incident has occurred) and regulation 103A prescribing registered medical practitioners as a class for section 134(1)(b)(i) of the Act. A series of infringement-related amendments followed in 2020 and 2021, reflecting the pandemic response: S.R. Nos 20/2020, 76/2020, 79/2020, 86/2020, 93/2020, 99/2020, 1/2021, 15/2021, 43/2021, 129/2021, 156/2021, and 175/2021. These added pandemic-specific infringement offences to Table 2 of Schedule 8, introduced graded penalties for density quotient breaches, created offences for COVIDSafe plan requirements, and introduced the compliance provision in regulation 100A (S.R. No. 86/2020). S.R. No. 15/2021 inserted definitions of "adult" and "child" (in the context of infringement offences) and introduced differentiated penalty amounts for children.

In 2022, S.R. No. 14/2022 amended regulation 9 (prescribed Consultative Council) and regulation 105 (definition of early childhood service) and made a minor amendment to Schedule 7. S.R. No. 72/2022 inserted regulations 115A-115C establishing the concessional infringement scheme and amended Schedule 8 to add a concessional penalty column. This was a significant structural change, enabling reduced penalties for vulnerable persons. S.R. No. 73/2022 amended Schedules 3 and 4 to update notifiable conditions. The most comprehensive amendment was S.R. No. 88/2022, which made multiple changes: it revoked the definition of "disease vector" in regulation 4 and inserted definitions of "HIV" and "nucleic acid test"; amended Part 7 Division 1 (notification provisions) to add Schedule 4A for weekly notification of testing data for chlamydia, influenza, RSV, and SARS-CoV-2; substituted regulation 94 to reflect the new notification requirements; added new notifiable conditions; amended the closure of court or tribunal provisions to include Hepatitis C; added HIV and Hepatitis C as prescribed diseases for blood and tissue donations (new regulations 112A, 112B) and donor liability (new regulation 113A); and revoked Division 7 (which had become redundant). The commencement of S.R. No. 88/2022 was staged: some provisions from 1 October 2022, others from 1 January 2023, and the revocation of Division 7 from 1 December 2023.

In 2023, S.R. No. 27/2023 amended Schedule 4A and S.R. No. 52/2023 amended Schedules 3 and 4 for notifiable conditions (iGAS disease, etc.). In 2024, S.R. No. 10/2024 amended Schedules 3 and 4 to add Invasive Group A Streptococcal (iGAS) disease as a notifiable condition requiring urgent notification. In 2025, S.R. No. 12/2025 further amended Schedules 3 and 4 for notifiable condition changes effective 1 April 2025. The version current at 1 April 2025 is version 028.

Part 10 originally existed but expired on 14 December 2020 by force of the original regulation 133. It was then re-inserted by S.R. No. 175/2021 (regulation 4) and subsequently revoked on 1 November 2022 by regulation 123 of the original Regulations (as noted in the Table of Amendments). This Part dealt with temporary pandemic-related provisions that are no longer in force. The sunset clause (original regulation 133) provided that Part 10 expired on 14 December 2020. The Regulations themselves will sunset 10 years after making, on 10 December 2029, under section 5 of the Subordinate Legislation Act 1994.

The text of the Regulations does not refer to any cases, and there is no litigation history included in the source document. The Regulations themselves do not contain references to court decisions or case law. However, it is notable that the Regulations create a framework for infringement enforcement and court prosecutions. The various amending instruments, particularly those adding pandemic-related infringement penalties, suggest that enforcement activity has occurred, but the source does not provide any case names or details of litigation. The concessional infringement scheme (regulations 115A-115C) was introduced in 2022, presumably in response to concerns about the impact of penalties on vulnerable persons, but again no case law is cited. The Regulations are subordinate legislation and do not typically generate reported cases directly; any litigation would likely arise under the parent Act or involve challenges to the validity of the Regulations, none of which are mentioned in the source. Therefore, this section must simply state that no litigation history is provided in the text. A responsible analyst would caution that court decisions interpreting the Regulations or the Act may exist outside this document, but the source itself does not reference any.

Several provisions in the Regulations contain traps for the unwary practitioner or duty holder. First, the definition of "aquatic facility" in regulation 4 is broad and includes not only public swimming pools and spa pools but also interactive water features, wave pools, and any artificially constructed water play feature where recirculating water may be inhaled, swallowed, or contact skin or mucous membranes. A facility that might be considered merely a water play park could be a category 1 aquatic facility requiring registration and full compliance with Subdivision 2. Conversely, exempt facilities include spa pools emptied after each use, floatation tanks, and spring water pools with 25% hourly turnover to waste. Practitioners must carefully assess whether their facility falls within the exempt category.

Second, the general duties in Subdivision 2 of Division 3 apply to both category 1 and category 2 aquatic facilities, despite the different registration requirements. Regulation 45 states that the purpose of the Subdivision is to prescribe standards for both categories. This means operators of category 2 facilities (at hotels, motels, hostels, and residential apartment complexes) must still comply with all chemical testing, microbiological, temperature, filtering, and risk management duties under regulations 46-61, even though they are not required to register the premises. This is a common oversight where operators assume that the absence of a registration requirement means no obligations exist.

Third, the timing requirements in the response procedures for cooling tower systems and aquatic facilities are strict and carry mandatory penalties for non-compliance. For aquatic facilities, the 24-hour, 48-hour, and 24-hour cycles in regulation 59 are unforgiving. If an initial sample fails, corrective action and review must occur within 24 hours; a further sample must be taken within 48 hours; the Council must be notified within 24 hours of receiving that lab report. If the report again shows non-compliance, the cycle repeats. After a third failure, the facility must be closed. Even the closure notification must be made within 24 hours. Missing any deadline is a separate offence.

Fourth, the cooling tower response procedures in regulations 71-73 distinguish between cases where additional biocide has already been added manually (regulation 72) and cases where it has not (regulation 71). The timeframes differ: in the non-manual treatment scenario, the responsible person must implement corrective action within 24 hours and take a further sample between 2 and 7 days after notification. In the manual treatment scenario, the review and correction must occur within 72 hours, and a further sample must be taken within 7 days. This distinction is easily missed if the responsible person incorrectly assumes which procedure applies.

Fifth, the offence of tampering with a sample (regulations 60, 77, 84) is broad. It applies to any person, not just the duty holder. Falsifying a laboratory report (regulations 78, 85) is also a separate offence with a 20 penalty unit maximum. These are not listed as infringement offences in Schedule 8 (they do not appear in Table 1), meaning they cannot be dealt with by infringement notice and must be prosecuted in court.

Sixth, the record-keeping periods vary. For aquatic facilities, records must be kept for 12 months (regulation 61(2)). For cooling tower systems, laboratory reports and records of maintenance and corrective activities must be kept for the preceding 12 months (regulation 79(1)). For pest control operators, records must be kept for 3 years (regulation 89(b)). For registered premises conducting tattooing or body piercing, client names and addresses must be stored for 12 months (regulation 36(1)). For primary school immunisation status certificates, the record must be kept for the period that the child attended the school (regulation 108). These different retention periods could cause confusion for businesses that operate across multiple regulated areas.

Seventh, the business registration exemptions under regulation 24 are limited to specific health practitioners. Even then, the exemption does not apply to the extent that the business relates to the operation of a category 1 aquatic facility (regulation 24(2)). So a hospital that operates a swimming pool for rehabilitation must register that aquatic facility and comply with Subdivision 2, despite the hospital itself being exempt from registration for its primary health services.

Eighth, the notification details for notifiable conditions with an asterisk in Schedules 3 and 4 limit the identifying information to the first two letters of the name and postcode only. This means that when reporting HIV, syphilis, gonococcal infection, or donovanosis, the practitioner or pathology service must not include the full name, healthcare identifier, Medicare number, or contact details. Using full details in such notifications would breach the Regulations, even though it might be standard practice for other conditions.

Ninth, the concessional infringement scheme (regulations 115A-115C) only applies to eligible persons as defined. The definition of "adult" for infringement purposes is a person of or above 18 years (regulation 4, as inserted by S.R. No. 15/2021). A child (aged 10-17) already receives reduced penalties under the standard infringement scheme (as seen in Table 2). However, the concessional scheme does not apply to children; it only applies to adults holding specific concession cards or immigration documentation. The scheme also only applies to those offences that have a concessional penalty specified in Column 4 of Schedule 8. Many regulatory offences (e.g., most offences in Table 1) do not have a concessional penalty entry, so the scheme is not available for them.

Tenth, the approval and publication requirements for forms are scattered throughout the Regulations. The Secretary must approve forms for information to be provided to clients (regulation 35(3)) and for the notice to be displayed (regulation 38(2)), and these must be published in the Government Gazette. The Secretary must also approve a form of notification for reporting high Legionella concentrations (regulation 74(2)) and three consecutive detections (regulation 75(2)), again published in the Gazette. Practitioners must ensure they are using the current approved forms, as failure to use the correct form could constitute an offence under the primary duty provisions.

Compliance with the Regulations requires a structured approach tailored to the specific regulated activity. For businesses offering skin penetration services (tattooing, body piercing, ear piercing, or any process involving skin penetration), the first step is to ensure the premises are registered with the relevant Council under Division 2 of Part 5, unless an exemption applies under regulation 24. The proprietor must then implement a written hygiene protocol covering: cleaning and sanitisation of premises (regulation 29); use of only sterile equipment for skin penetration, with sterilisation parameters as specified in regulation 31(2) using steam under pressure or dry heat; disposal of contaminated sharps in accordance with the Act and relevant waste regulations; provision of hand washing facilities accessible to staff (regulation 34); preparation of approved client information forms (as published in the Government Gazette by the Secretary) and provision of these to clients before each procedure (regulation 35); maintenance of client records (name, address, telephone number) for 12 months after the last procedure (regulation 36); display of a notice about the scope of registration (regulation 38) in a prominent position at the entry; and restriction of advertising to the class of business set out on the certificate of registration (regulation 37). Record-keeping must also include protection of personal information (prescribed condition under regulation 39).

For aquatic facility operators, compliance begins with registration if the facility is a category 1 aquatic facility (required from 14 December 2020). The operator must develop and maintain a water quality risk management plan in accordance with the Water Quality Guidelines (regulation 46). Operational compliance requires: testing water at 4-hourly intervals for free and total chlorine or bromine and pH, weekly for total alkalinity, monthly for cyanuric acid if used (regulation 48); maintaining microbiological quality with heterotrophic colony count below 100 CFU/mL, and no E. coli or Pseudomonas aeruginosa (regulation 49); ensuring water clarity so the floor is visible (regulation 51); keeping temperature below 40°C (regulation 52); filtering to remove visible matter (regulation 53); dosing disinfectants to the required levels based on type of facility (regulation 54); monitoring cyanuric acid below 100 mg/L if used (regulation 55); maintaining total alkalinity above 60 mg/L (regulation 56); and ensuring combined chlorine is below free chlorine and measured below 1 mg/L every 24 hours (regulation 57). A logbook should be maintained recording all test results and corrective actions. The operator must have a written procedure for responding to non-compliance with microbiological parameters, including the step-by-step process in regulation 59 (corrective action within 24 hours, resampling within 48 hours, Council notification, and closure after three consecutive failures). The operator must also have a protocol for responding to a notice from the Secretary or authorised officer that the facility is suspected as a source of infection (regulation 58). All records must be kept for 12 months (regulation 61).

For responsible persons of cooling tower systems, the compliance pathway is detailed. First, ensure the cooling tower system is registered (or renew registration) and pay the prescribed fee (7.5 fee units per tower for 1-year registration, 14 for 2 years, 20.5 for 3 years; see regulation 64). Develop a risk management plan that addresses the risks listed in regulation 66 (stagnant water, nutrients, biofilm, temperature, sunlight, solids, Legionella, design deficiencies, location, and exposure). Ensure continuous treatment of recirculating water with biocides to control micro-organisms (including Legionella), chemicals to minimise scale and corrosion, and a bio-dispersant (regulation 68). Implement a disinfection/cleaning/re-disinfection schedule: before first use, after shutdowns exceeding one month, and at intervals not exceeding 6 months, following the specific procedure in regulation 69 (add bio-dispersant, disinfect with chlorine or bromine to the specified levels, clean interior, re-disinfect). Conduct monthly servicing to check for defects (regulation 70(1)). Take and test monthly samples for heterotrophic colony count (regulation 70(2)) and quarterly samples for Legionella (regulation 70(3)). Establish a response plan for when a heterotrophic colony count exceeds 200,000 CFU/mL: if the water has not been manually treated, the 24-hour corrective procedure in regulation 71 applies; if it has been manually treated, the 72-hour procedure in regulation 72 applies. For detection of Legionella, the response must include disinfection, review, correction, and then retesting between 2 and 7 days (regulation 73). If Legionella persists, cleaning and re-disinfection of each cooling tower interior is required, followed by further testing. If Legionella continues to be detected after two consecutive samples a week apart, the system must be shut down until remedied. The responsible person must also have a system to detect when a sample contains more than 1000 CFU/mL of Legionella or when three consecutive samples contain Legionella, and notify the Secretary within 24 hours using the approved form (regulations 74, 75). If the Secretary notifies that the system is suspected as a source of infection, the responsible person must promptly sample for Legionella and decontaminate as directed (regulation 76). All records (maintenance, corrective activities, laboratory reports) must be kept for the preceding 12 months and produced on request (regulation 79). A designated person should be responsible for compiling monthly and quarterly test results and checking them against thresholds to trigger timely responses.

For responsible persons of water delivery systems at aged care, health, prison, forensic mental health, and commercial vehicle wash premises, the duty under regulation 82 is to take all reasonable steps to manage Legionella risks. While the Regulations do not prescribe specific testing intervals as for cooling towers, the responsible person should conduct a risk assessment of the water delivery system, implement a control plan (including temperature management, disinfection, and flushing protocols), and maintain records of actions taken. If the Secretary notifies that the system is suspected as a source of infection, the responsible person must promptly sample and disinfect as directed (regulation 83).

For registered medical practitioners and pathology services, compliance with notification requirements is paramount. Practitioners should maintain a current list of notifiable conditions from Schedule 3 and be aware of the two categories: Part 1 conditions require telephone notification as soon as practicable and within 24 hours (e.g., anthrax, botulism, measles, meningococcal infection, polio); Part 2 conditions require written notification within 5 business days (e.g., hepatitis B, HIV, syphilis, tuberculosis). Pathology services must similarly use Schedule 4 for results indicating a notifiable condition, and Schedule 4A for weekly reporting of testing data. The notification details differ for conditions marked with an asterisk, requiring truncated identifiers. Practices should have a system to flag these conditions and ensure that notifications are made within the required timeframes using the approved details. For notifiable micro-organisms in food, laboratories and food premises must notify by telephone within 24 hours and in writing within one business day (regulation 95). The Secretary may request transfer of isolates or samples for sub-typing (regulation 96), so laboratories should have a procedure for promptly forwarding such material to a Public Health Laboratory.

For early childhood services, primary schools, and education and care services, the person in charge must maintain immunisation status certificates (regulation 108) and allow access to authorised officers (regulation 109). They must also implement exclusion procedures in accordance with Schedule 7 for infectious disease cases and contacts (regulation 111) and comply with any Chief Health Officer direction to exclude a child at material risk of a vaccine-preventable disease (regulation 111(2)). Parents should be informed of their duty under regulation 110 to report infections or contacts. Secondary schools may disclose student information to Councils for immunisation coordination upon request (regulation 112).

Pest control licence holders must ensure they hold the correct licence for the type of pesticides used (Schedule 1 lists units of competency required for each licence category). They must keep records of each pesticide application for 3 years, including trade name, batch number, date, location, method, quantity, operator details, and client details (Schedule 2). The record must be signed by the person completing it. Those who held licences before the transition period may rely on transitional qualifications in Schedule 9 (regulation 117) but only during the transition period which ended on 31 December 2021. Any new applications after that date must meet the current competency requirements in Schedule 1. The licence fee is 15 fee units per year for most licences, with a reduced fee of 5 fee units for interstate operators with equivalent licences (regulation 86). The Secretary may approve equivalent units of competency and must publish notice in the Government Gazette (regulation 87(3)-(4)).

General compliance tips: maintain up-to-date knowledge of approved forms published in the Government Gazette; regularly check the Department's website for updates to the Water Quality Guidelines and notification forms; keep a calendar of testing and reporting deadlines with escalation procedures; designate a compliance officer for each regulated area; and ensure that all staff are trained on the specific duties that apply to their roles.