Version No. 105
Health Act 1958
Act No. 6270/1958
Version incorporating amendments as at 3 August 2005
table of provisions
SectionPage
1
SectionPage
1.Short title and commencement
2.Repealed
Part I—Introduction
3.Definitions
4.Repealed
5.Application of Act
Part II—Administration
Division 1—General
6.Secretary
7.Secretary successor of Health Commission
8.Secretary subject to direction of Minister
8A.Delegation by Secretary
8B.Delegation by Minister
9.Data collection
9A.Opportunity of being heard by Secretary
10.Saving of rights of officers and persons affected by No. 4988
11–15.Repealed
Division 2—Repealed
16–23.Repealed
24.Consultative councils
24A.Disclosure of information by consultative councils
Officers &c.
25.Further powers and duties of certain officers
26–29.Repealed
Division 3—Local Administration
29A.Functions of councils
29B.Municipal public health plans
30.Appointment of medical officers of health
30A.Appointment of environmental health officers
30B.Transitional provision—environmental health officers
31.Councils may share environmental health officers or medical officers of health
32.Council's delegation of power to refuse applications
33–36.Repealed
36A.Special powers of Secretary
37.Councils to report to the Secretary
Divisions 4, 5—Repealed
38, 39.Repealed
Part III—Nuisances
39A.Application of Part
40.Definition
41.Duty of councils
42.Offence of causing a nuisance
43.Notification of nuisance
44.Notice to abate a nuisance
45.Failure of council to investigate complaint
46.Nuisance caused by two or more persons
47.Who may institute proceedings?
47A.Power of councils to delegate functions under this Part
47B.Power of councils to investigate nuisances outside their municipal districts
47C.Nuisances on unoccupied land
47D.Regulations
Part IV—General Sanitary Provisions
Divisions1–3—Repealed
48–67.Repealed
Division 4—Offensive waterways etc.
68.Offensive waterways etc. on district boundaries etc.
69.Power to Secretary to require councils to show cause
70.Variation of orders
71.Execution of works
72.Waterways etc. not under control of council
Division 5—Repealed
73–76.Repealed
Division 6—Protection of Water Supplies
77–82.Repealed
Division 7—Repealed
83, 84.Repealed
Division 7A—Animals
85, 86.Repealed
87.Regulations as to destruction etc. of rats and mice
88–91.Repealed47
Division 8—Repealed47
92, 93.Repealed47
Part V—Radiation Safety and Pest Control
Divisions1, 2—Repealed
94–108.Repealed
Division 2AA—Radiation Safety
108AA.Regulations under the Act
108AB.Definitions
108AC.Registration of radiation apparatus
108AD.Registration of sealed radio-active sources
108AE.Registration of radiation apparatus and sealed sources
108AEA.Transfer of registration
108AF.Licences for radiation apparatus and radio-active substances
108AG.Suspension or cancellation of licence or registration
108AH.Appeals
108AI.Offences
108AJ.Regulations
108AK.Radiation Advisory Committee
108AL.Medical Radiation Technologists Board
Division 2A—Pest Control Operators
108A.Definitions
108B.Repealed
108C.Licensing of users of pesticides
108D.Repealed
108E.Returns
108F.Cancellation or suspension of licences
108G.Repealed
108H.Regulations
Division 3—Repealed
109–117. Repealed
Part VI—Management and Control of Infectious Diseases
Division 1—Preliminary
118.Definitions
119.Interpretation
Division 2—Offences
120.Offence of infecting other persons
Division 2A—Examining and testing after incidents involving caregivers or custodians
120A.Orders for tests
120AB.Further Orders or authorisations for tests
120AC.Post test or authorisation counselling
120B.Authorisation for tests
120C.Tests and test results
120D.No identification to be given
120DA.Directions about Orders or authorisations
Division 3—Examining, Testing, Counselling, Restriction and Isolation Orders
121.Orders
122.Appeals
Division 4—Emergency Powers
123.Power of Governor in Council to proclaim emergency
124.Orders of the Secretary in emergencies
125.Compensation for seizure of land, building or thing
Division 5—Autopsies
126.Autopsies
Division 6—Special Provisions Relating to the Human Immuno-deficiency Virus
127.Information to be given to a person requesting a test for HIV
128.Privacy
129.Closure of court or tribunal
130.Information to be provided about the incidence of HIV
Division 7—Blood and Tissue Donations
131.Definitions
132.Blood donations
132A.Transitional provision concerning statutory defence in relation to Hepatitis C
133.Tissue donations
134.Evidentiary
135.Liability of donors
136.False statements
Division 8—Immunity
137.Immunity for giving information
Division 9—Disease Notification
138.Regulations about disease notification
139–142A. Repealed
Part VII—Immunisation
143.Definitions
144.Immunisation status certificates to be produced upon
enrolment at primary school
145.Outbreaks of prescribed infectious diseases in primary schools
Part VIII—Regulations
146.Regulations
147–149. Repealed
150–157. Repealed116
Part IX—Births Notification
158.Definition
159.Application to all births in Victoria
160.Early notification of births
161.Notice additional to requirements of other Acts
162.Regulations
Part IXA—Repealed125
162A.Repealed125
Part IXB—Consultative Council on Obstetric andPaediatric Mortality and Morbidity
162B.Definitions
162C.Constitution of Consultative Council
162CA.Repealed
162D.Procedure of Council
162E.Sub-committees
162F.Functions of the Council
162FA.Council may request disclosure
162FB.Disclosure of information held by the Council
162G.Report of birth
162H.Confidentiality
162I.Regulations
PartsX–xia—Repealed137
163–208I. Repealed137
Part XII—Accommodation
Division 1—Registration
209.Definitions
210.Registration
211.Offence
212.Access by authorised officers
213.Regulations
Division 2—Repealed142
214–227F. Repealed142
Part XIII—Precautions Against Fire
228.Regulations
Parts Xiv, xiva—Repealed145
229–304B. Repealed145
Part XV—Meat Supervision
Division 1—Repealed
305.Repealed
306.Exceptions
307.Repealed
308.Definition of "prohibited animal"
309.Repealed
310.Storage of flesh of prohibited animals in certain shops
311.Storage of flesh of prohibited animals in certain vehicles
312.Exemption
313.Penalties
314.Regulations
315–327. Repealed
Division 2—Repealed
328–332. Repealed
Parts Xvi–xviii—Repealed150
333–366. Repealed150
Part XIX—Registrations
366A.Repealed
366B.Premises
366C.Registration of premises
367.Registrations to be in manner prescribed
368.Registrations
369.Refusal of registration or renewal
370.Transfers
371.Register book
372.Powers and duties of Secretary or council
373.Repealed
374.Certificates of registration and renewal
374A.Delegation of councils' powers in relation to registration of premises
375.Registrations under other Acts
376.Regulations
Part XX—General and Supplementary
Division 1—General
377–383A. Repealed
384.Powers of persons directed to hold inquiries
385.Vessels
386.Concern in contracts prohibited
387.Appeal to judge of the County Court
388.Repealed162
Division 2—Proclamations, Regulations, By-laws, Ordersetc.
389.Proclamation
389A.Supreme Court—limitation of jurisdiction
390.Regulations of the Governor in Council
391.General provisions as to regulations
392–396. Repealed
Division 3—Enforcement of Act
397–399. Repealed
399A.Identity cards
400.Powers of entry and inspection
401.General powers of inspection seizure etc.
402.Interference with official marks or seals
403.Obstruction etc. of officers etc.
404.Interference etc. with officers
404A.Impersonating an officer
405.Examination and seizure of adulterated substances
406.Power to require information
407.Duties of officers seizing substances etc.
408.Remedy to persons for things seized
409.Defacing notice etc.
410.Offences by occupiers and others
411.Works to be done by occupier instead of owner
412.Expenses recoverable
413.Enforcement of duty with regard to land etc.
414.Power of councils where owner cannot be found
415–417. Repealed
418.Crown lands to be put into sanitary condition
419.Repealed
420.Power to inspect register of births and deaths
Division 4—Offences and Legal Proceedings
421.Other proceedings not affected
422.General penalty
423.Recovery of costs and expenses
424.Fraudulent conduct and false or misleading statements etc.
425.Service of notices and orders etc.
426.Proof of notices orders or documents
427.Continued operation of orders and notices
428.References to "owner" or "occupier"
429.No abatement
430–433. Repealed
434.Power to authorize proceedings
435.Power of officers to prosecute
436.Repealed
437.Simplification of proof in certain cases
438.Proof of by-laws regulations etc.
439.Documents as evidence
440.Evidence of orders notices etc.
441.Repealed
442.Certain signatures to be judicially noticed
442A.Repealed
443.Proof of ownership
444.Complaints etc. before Magistrates' Court
445.Appeal
446.Repealed
447.Proceedings in the Supreme Court
448.Removal of order etc. into Supreme Court
449.Repealed
450.Application of penalties
Divisions 5, 6—Repealed
451, 452. Repealed
______
SCHEDULES
SCHEDULES 1–5—Repealed
SCHEDULE 6—Notice of Birth to the Municipal Clerk
SCHEDULES7–11—Repealed
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details
1
Version No. 105
Health Act 1958
Act No. 6270/1958
Version incorporating amendments as at 3 August 2005
An Act to consolidate the Law relating to Public Health.
1
Health Act 1958
Act No. 6270/1958
BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):
S. 1 amendedby Nos 6507 s.5(2), 6818 s.2(1), 6867 s.2(Sch. 1), 6967 s.2(a)(b), 7122 s.2(a), 7490 s.2, 7909 s.5(2), 8343 ss6(2)(a), 10(2), 8642 s.2, 9023 s.40(Sch. 1 PtA item7(1)), 9076 ss6(d), 7(1)(c), 11(b), 12(b), 15(b), 9187 s.8(2), 9244 s.2
(a)–(e), 9659 s.2(2), 9666 s.18, 9719 s.134(a), 9876 s.2(a), 9889 s.2, 10082 s.3(1)(Sch. item1), 10158 ss12(1), 18(1), 10262 s.4.
1.Short title and commencement
This Act may be cited as the Health Act 1958, and shall come into operation on a day to be fixed by proclamation of the Governor in Council published in the Government Gazette.
S. 2
amended by No. 7685 s.7(a)(i)(ii), repealed by No. 42/1993 s.16(1).
*****
Part I—Introduction
No. 6024 s.3.
S. 3
amended by No. 46/1998
s. 7(Sch. 1) (ILA s. 39B(1)).
3.Definitions
s. 3
(1)In this Act unless inconsistent with the context or subject-matter—
"abatement" when used in relation to nuisance or other cause of offence includes abatement removal and discontinuance; and "to abate" has a corresponding interpretation;
S. 3(1) defs of "abattoir" or "slaughter-house" repealed by No. 21/1995 s.15(a).[1]
*****
S. 3(1) def. of "Act relating to local government" substituted by No. 12/1989 s.4(1)(Sch. 2 item 57.1).
"Act relating to local government" includes the Local Government Act 1989;
S. 3(1) def. of "Adminis-trative Appeals Tribunal" inserted by No. 48/1988 s.20(2)(a), repealed by No. 52/1998
s. 311(Sch. 1 item 35.1).
*****
S. 3(1) def. of "alcohol" amended by S.R. No. 241/1974 reg.2(a)(i).
"alcohol" means ethyl alcohol which at a temperature of 1555 degrees Celsius has a specific gravity of 07936 (distilled water at the same temperature being taken as unity);
S. 3(1) def. of "analysis" amended by Nos 10082 s.3(1)(Sch. item2(a)), 33/2001 s.18(1)(a).
"analysis" includes any bacteriological biochemical biological chemical electrical microscopical pathological physical or other test for ascertaining the composition or quality of any substance analyzed pursuant to this Act;
S. 3(1) def. of "analyst" repealed by No. 33/2001 s.18(1)(b).
*****
S. 3(1) def. of "appointed member" repealed by No. 9023 s.40(Sch. 1 PtA item7(2)(a)).
*****
"author" of a nuisance means any person by whose act default or sufferance the nuisance is caused or exists or is continued;
S. 3(1) def. of "authorized" amended by Nos 10262 s.4, 46/1998
s. 7(Sch. 1).
s. 3
"authorized" means authorized in writing either generally or specially by the Secretary or by a council (as the case may be);
S. 3(1) def. of "boarding-house" substituted by No. 9374 s.2(5), amended by Nos 72/1987 s.16(Sch. 1 item1), 97/1987 s.181(6)(a), repealed by No. 48/1988 s.25(3).
*****
s. 3
S. 3(1) def. of "brothel" inserted by No. 124/1986 s.69(a), substituted by No. 102/1994 s.95(a).
"brothel" has the same meaning as in the Prostitution Control Act 1994;
"by-law" means by-law made under or continued in operation by this Act;
"carcass" includes each and every part of the carcass of an animal;
"carrier" means any person having in his nose or throat or in his excretions or discharges germs of any infectious disease although presenting no signs or symptoms of disease;
S. 3(1) def. of "casual vacancy" repealed by No. 9023 s.40(Sch. 1 PtA item7(2)(a)).
*****
S. 3(1) def. of "cellar" or "underground room" amended by S.R. No. 241/1974 reg.2(a)(ii), repealed by No. 21/1995 s.15(a).
*****
S. 3(1) def. of "cesspool" amended by No. 10262 s.4, repealed by No. 21/1995 s.15(a).
*****
S. 3(1) def. of "chairman" repealed by No. 9023 s.40(Sch. 1 PtA item 7(2)(a)).
*****
S. 3(1) def. of "Chief General Manager" inserted by No. 10262 s.5(1), substituted by No. 42/1993 s.4, repealedby No. 46/1998
s. 7(Sch. 1).
*****
S. 3(1) def. of "Comm-ission" substituted by No. 9023 s.40(Sch. 1 PtA item 7(2)(b)), repealed by No. 10262 s.5(1).
*****
s. 3
S. 3(1) def. of "common lodging-house" amended by Nos 72/1987 s.16(Sch. 1 item2), 97/1987 s.181(6)(b), repealed by No. 48/1988 s.25(3).
*****
S. 3(1) def. of "council" substituted by No. 12/1989 s.4(1)(Sch. 2 item 57.2).
"council" means council within the meaning of section 3(1) of the Local Government Act 1989;
S. 3(1) def. of "cowkeepers dairymen or purveyors of milk"
repealed by No. 48/1988 s.13(2).
*****
s. 3
S. 3(1) def. of "daily penalty" repealed by No. 72/1987 s.16(Sch. 1 item3).
*****
"dangerous" to health includes injurious or prejudicial to health; and "danger" to health includes injury or prejudice to health;
S. 3(1) def. of "Department" repealed by No. 9023 s.40(Sch. 1 PtA item7(2)(a)), new def. of "Department" inserted by No. 10262 s.4, amended by Nos 21/1995 s.15(b), 46/1998
s. 7(Sch. 1).
"Department" means the Department of Human Services;
"Division" means Division of a Part of this Act;
s. 3
S. 3(1) def. of "drain" repealed by No. 21/1995 s.15(a).
*****
S. 3(1) def. of "drug" amended by No. 79/1994 s.73(a).
"drug" means any substance used as medicine or in the composition or preparation of medicines whether for external or internal use and without limiting the generality of the foregoing includes a drug that is a listed or registered therapeutic good within the meaning of the Therapeutic Goods (Victoria) Act 1994 or the Therapeutic Goods Act 1989 of the Commonwealth;
"food" means any substance used or intended to be used for food or drink by man (other than drugs or water); and includes any article of food and any substance entering into or used in or intended to enter into or to be used in the preparation or composition of food; and also includes confectionery and flavouring and colouring matters and spices and condiments;
S. 3(1) def. of "food vending machine" inserted by No. 6967 s.3(a), repealed by No. 10082 s.3(1)(Sch. item2(b)).
s. 3
*****
S. 3(1) def. of "general rates" repealed by No. 12/1989 s.4(1)(Sch. 2 item 57.3).
*****
S. 3(1) def. of "health officer" substituted by No. 9023 s.40(Sch. 1 PtA item7(2)(c)), amended by Nos 10262 s.4, 23/1994 s.118(Sch. 1 item 24.1(a)).
"health officer" means a registered medical practitioner who is a health officer of the Department;
S. 3(1) def. of "HIV"
inserted by No. 48/1988 s.20(2)(aa) (as amended by No. 78/1989 s.10(a)).
"HIV" means the human immuno-deficiency virus which is a causative agent of the acquired immune deficiency syndrome and other related conditions;
S. 3(1) def. of "house" amended by Nos 72/1987 s.16(Sch. 1 item4), 97/1987 s.181(6)(c), 74/2000 s.3(Sch. 1 item59.1).
"house" includes dwellings of any kind schools licensed premises within the meaning of the Liquor Control Reform Act 1998 factories work-rooms shops boarding-houses lodging-houses tents and other buildings or structures (whether temporary or permanent); and also includes any vessel lying in any river harbour or other water within the territorial waters of Victoria other than a vessel which is under the command or charge of any officer bearing Her Majesty's commission or which belongs to the Government of any foreign State;
S. 3(1) def. of "household insecticide" inserted by No. 7282 s.2(1), amended by Nos 9368 s.20, 9902 s.2(1)(Sch. item105(a)), 97/1987 s.181(6)(d), 74/2000 s.3(Sch. 1 item 59.1).
"household insecticide" means a substance or compound which—
(a)is sold for use for destroying or repelling insects or other similar pests which affect or are likely to affect any person or domestic animal or any article or material found in any private dwelling-house or in any premises registered under this Act or in licensed premises within the meaning of the Liquor Control Reform Act 1998; or
(b)is declared by proclamation to be a household insecticide—
but does not include any substance or compound which is sold for use for primary production purposes;
S. 3(1) def. of "infected" repealed by No. 48/1988 s.20(2)(b).
*****
s. 3
S. 3(1) def. of "infectious disease" substituted by No. 48/1988 s.20(2)(c) (as amended by No. 78/1989 s.10(b)).
"infectious disease" means a disease or condition prescribed by the regulations to be an infectious disease;
"inspector" includes any acting or assistant inspector;
S. 3(1) def. of "isolation" substituted by No. 48/1988 s.20(2)(d) (as amended by No. 78/1989 s.10(b)).
"isolation" means the segregation and separation of persons who are infected or suspected of being infected from other persons;
S. 3(1) def. of "label" amended by No. 10082 s.3(1)(Sch. item2(c)).
"label" includes any tag, brand, mark, or statement in writing on or attached to or used in connexion with any package containing any drug or substance;
"land" includes messuages buildings lands and hereditaments of every tenure; also rivers streams wells and waters of every description; and also easements of every description in respect of the foregoing particulars;
S. 3(1) def. of "licensed victualler" amended by No. 9902 s.2(1)(Sch. item105(b)), substituted as "licensed hotelkeeper" by No. 72/1987 s.16(Sch. 1 item5), repealed by No. 97/1987 s.181(6)(e).
*****
s. 3
"meat" includes small goods;
S. 3(1) def. of "meat area" repealed by No. 9244 s.3(b).
*****
S. 3(1) def. of "medical officer of health" amended by No. 23/1994 s.118(Sch. 1 item 24.1(b)).
"medical officer of health" means a registered medical practitioner being a medical officer of health of a council;
S. 3(1) def. of "medical practitioner" amended by No. 9902 s.2(1)(Sch. item105(c)), repealed by No. 23/1994 s.118(Sch. 1 item 24.1(c)).
*****
"medical surveillance" means the keeping of a person under medical supervision;
S. 3(1) def. of "metropolitan municipality" amended and re-named "metropolitan council" by No. 12/1989 s.4(1)(Sch. 2 item 57.4), repealed by No. 21/1995 s.15(a).
*****
s. 3
S. 3(1) def. of "Minister" repealed by No. 72/1987 s.16(Sch. 1 item6).
*****
S. 3(1) def. of "municipality" repealed by No. 12/1989 s.4(1)(Sch. 2 item 57.5).
*****
S. 3(1) def. of "municipal clerk" or "clerk" substituted by No. 12/1989 s.4(1)(Sch. 2 item 57.6), repealed by No. 125/1993 s.17(a).
*****
S. 3(1) def. of "municipal district" amended by No. 12/1989 s.4(1)(Sch. 2 items 57.7, 57.8).
"municipal district" means a district under the local government of a council; and includes any place under the jurisdiction of a council or the council thereof but outside the municipal district;
S. 3(1) def. of "municipal fund" repealed by No. 12/1989 s.4(1)(Sch. 2 item 57.9).
*****
"newspaper" means a newspaper generally circulating in the municipal district;
S. 3(1) def. of "night-soil" repealed by No. 21/1995 s.15(a).
s. 3
*****
S. 3(1) def. of "notifiable infectious disease" repealed by No. 48/1988 s.20(2)(e).
*****
S. 3(1) def. of "offensive" amended by No. 48/1988 s.20(2)(f).
"offensive", except in Part III, includes noxious; and "offensiveness" includes noxiousness;
S. 3(1) def. of "offensive matter" repealed by No. 21/1995 s.15(a).
*****
S. 3(1) def. of "officer" amended by Nos 9023 s.40(Sch. 1 PtA item7(2)(d)), 9244 s.3(d), 10262 s.4, 21/1995 s.15(c).
"officer" includes any officer or inspector or environmental health officer (whether of the Department or of any council) and also any authorized member of the police force;
s. 3
"owner" means the person for the time being entitled to receive the rent of the land or premises in connexion with which the word is used (whether on his own account or as the agent of or as trustee for any other person) or who would be entitled to receive the same if the land or premises were let at a rent;
"package" includes every means by which goods for carriage or for storage or for sale may be cased covered enclosed contained or packed; and "to pack" has a corresponding interpretation;
S. 3(1)
def. of "parent" substituted by No.27/2001 s.6(Sch. 4 item 3.1).
"parent' includes—
(a)a step-parent;
(b)an adoptive parent;
(c)a foster parent;
(d)a guardian;
(e)a person who has day to day care and control of a child and with whom the child ordinarily resides;
"Part" means Part of this Act;
S. 3(1) def. of "piggery" amended by No. 72/1987 s.16(Sch. 1 item7), repealed by No. 21/1995 s.15(a).
*****
s. 3
"premises" includes messuages buildings lands and hereditaments of every tenure; and also any machinery plant appliance or vehicle used in connexion with any trade carried on at any premises;
"prescribed" means prescribed by or under this Act;
S. 3(1) def. of "private abattoir" repealed by No. 21/1995 s.15(a).
*****
"proclamation" means proclamation of the Governor in Council;
S. 3(1) def. of "proof spirit" amended by S.R. No. 241/1974 reg.2(a)(iii).
"proof spirit" means a mixture of alcohol and distilled water which contains 4928 per centum of alcohol by weight and 5710 per centum of alcohol by volume and at a temperature of 1555 degrees Celsius has a specific gravity of 091976 (distilled water at the same temperature being taken as unity);
S. 3(1) def. of "prostitution" inserted by No. 124/1986 s.69(b), amended by No. 102/1994 s.95(b).
"prostitution" has the same meaning as in the Prostitution Control Act 1994;
S. 3(1) def. of "public abattoir" repealed by No. 21/1995 s.15(a).
*****
S. 3(1) def. of "public building" amended by Nos 8343 s.6(2)(b), 72/1987 s.16(Sch. 1 item8).
"public building" means—
(a)any hospital or any benevolent or other asylum or institution not wholly supported by the State; and not being a private hospital as defined in this Act;
(b)any theatre, opera house, concert music assembly dance or cinematograph hall, cabaret, skating rink, arena, amphitheatre or circus, or any building, enclosure, gallery, platform, tent or structure whatsoever in around or upon which numbers of persons are usually or occasionally assembled for the purposes of recreation, amusement entertainment or instruction, and not being a structure that is operated for hire or reward and is intended for use by members of the public for their entertainment or amusement, where the entertainment or amusement is intended to be derived by those persons when there is movement of the structure or a part thereof or when they are travelling on around or along the structure or a part thereof;
s. 3
(c)any school (not being a State school referred to in Parts I or II of the Education Act 1958);
(d)any church chapel or meeting house; and
(e)any kind or class of building or any particular building declared by proclamation to be a "public building" within the meaning of this Act; and
(whether any public building is permanent or temporary) includes any building room or stage forming part of or appurtenant to or used in connexion with such public building;
s. 3
S. 3(1) def. of "public conveyance" amended by No. 127/1986 s.102(Sch. 4 item 11.1), repealed by No. 21/1995 s.15(a).
*****
"public place" includes every place to which the public ordinarily has access whether by payment or not;