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Health legislation

A selection of Victorian legislation, regulations and links to supporting information relevant to health service providers.

Acts and Regulations listed here are available online at the Victorian Legislation and Parliamentary Documents website, which provides free access to Acts and Regulations in operation in Victoria. You can also purchase printed copies of legislation.

Principal Legislation (Acts)
  Subordinate Legislation (Regulations) Sunset Date
Alcoholics and Drug-dependent Persons Act 1968
  Alcoholics and Drug-Dependent Persons Regulations 2002 30 January 2012
Ambulance Services Act 1986
Anglican Welfare Agency Act 1997
Baker Medical Research Institute Act 1980
(this Act is administered by the Minister for Innovation)
Building Act 1993 Parts 5B and 5C.
(see also the Legionella website)
  Building (Legionella Risk Management) Regulations 2001 27 February 2011
Cancer Act 1958
  Cancer (BreastScreen Victoria Registry) Regulations 2003 1 July 2013
Cancer (Reporting) Regulations 2002 5 March 2012
Cemeteries and Crematoria Act 2003
(See also Cemeteries & Crematoria website)
  Cemeteries and Crematoria Regulations 2005 28 June 2015
Crimes (Mental Impairment and Unfitness to be Tried) Act 1997
Sections 45-55, 57A, 58, 60-63(1), 64-73 and Part 7A are jointly administered by the Attorney-General, the Minister for Health and the Minister for Community Services. (The remaining provisions are administered by the Attorney-General.)
Disability Services Act 1991 (jointly administered with the Minister for Community Services)
Drugs, Poisons and Controlled Substances Act 1981
(see also Drugs and Poisons website)
  Drugs, Poisons and Controlled Substances Regulations 2006 25 May 2016
Drugs, Poisons and Controlled Substances (Commonwealth Standard) Regulations 2001 28 August 2011
Drugs, Poisons and Controlled Substances (Confiscation) Regulations 2004 8 June 2014
Drugs, Poisons and Controlled Substances (Industrial Hemp) Regulations 2008 27 October 2018
Drugs, Poisons and Controlled Substances (Volatile Substances) Regulations 2004 22 June 2014
Environment Protection Act 1970
(this Act is administered by the Minister for Environment and Conservation - through the Environment Protection Authority)
[The Act references below refer to actions that may be exercised by the Secretary to the Department of Human Services (via Public Health)]
[PART III - Works Approval, Sections 19B (3)(a)(ii), (4) and (5)(b)]; and
[PART III - Control of Wastes, sections 20 (8)(a)(ii), (8)(c) and (8)(d)(ii) and 20A(6)(a)(ii), (6)(c) and (6)(d)(ii)]; and 20A(6)(a)(ii), (6)(c) and (6)(d)(ii)]; and
[PART III - Orders to public authorities etc. to curtail services etc., section 28(2)]
Epworth Foundation Act 1980
Food Act 1984
(see also the Food Safety website).
  Food (Competency Standards Body) Regulations 2001 18 December 2011
Food (Forms and Registration) Regulations 2005 22 November 2015
Gene Technology Act 2001
  Gene Technology Regulations 2001 11 December 2011

Health Act 1958

  • Section 228 and Part XX where it relates to the operation of section 228 (these provisions are administered by the Minister for Planning)
  • Part IX (This Part is administered by the Minister for Community Services and will be repealed by section 48 of the Child Wellbeing and Safety Act 2005 on or before 1 October 2007)
  • Parts XIX and XX where they relate to pre-school centres or services for the care of pre-school children, but not intellectually disabled children (these provisions are administered by the Minister for Community Services

(See also Review of the Health Act 1958 website)

  Health (Consultative Council on Obstetric and Paediatric Mortality and Morbidity) Regulations 2002
(See also the Perinatal website)
3 September 2012
Health (Exempt Businesses) Regulations 2005 27 July 2015
Health (Immunisation) Regulations 1999 28 April 2010
Health (Infectious Diseases) Regulations 2001
(See also Infectious Diseases Epidemiology & Surveillance website)
15 May 2011
Health (Legionella) Regulations 2001
(See also the Legionella website)
27 February 2011
Health (Pest Control) Regulations 2002 22 October 2012
Health (Prescribed Accommodation) Regulations 2001 15 May 2012
Health (Prescribed Consultative Councils) Regulations 2002
(See also the Victorian Consultative Council on Anaesthetic Mortality and Morbidity website and the Victorian Surgical Consultative Council website)
30 January 2012
Health (Registration of Premises) Regulations 2002 20 August 2012
Health (Seizure) Regulations 2003 22 January 2013
Health (Fluoridation) Act 1973
Health Practitioners (Special Events Exemption) Act 1999

Health Professions Registration Act 2005
(See also Completed Reviews of the Regulation of the Health Professions), repealed the Chinese Medicine Registration Act 2000, Chiropractors Registration Act 1996, Dental Practice Act 1999, Section 108AL of the Health Act 1958, Medical Practice Act 1994, Nurses Act 1993, Optometrists Registration Act 1996, Osteopaths Registration Act 1996, Pharmacy Practice Act 2005, Physiotherapists Registration Act 1998, Podiatrists Registration Act 1997 and the Psychologists Registration Act 2000.

Health Records Act 2001
(See also Victorian Health Records Act website & Office of the Health Services Commissioner for information relating to Statutory Guidelines and Health Privacy Principles.)

  Health Records Regulations 2002 12 June 2012

Health Services Act 1988

  • Sections 99, 100, 101 and 103 are administered by the Minister for Community Services;
  • Sections 11, 102, 110 and 119, insofar as they relate to supported residential services, are administered by the Minister for Community Services;
  • Part 5 is jointly and severally administered with the Minister for Community Services, except for section 119.
 
Health Services (Prescribed Regions) Regulations 2004 2 March 2014
Health Services (Private Hospitals and Day Procedure Centres) Regulations 2002 10 September 2012
Health Services (Residential Services) Visitors Board Elections Regulations 2002 5 March 2012
Health Services (Supported Residential Services) Regulations 2001 4 December 2011
Health Services (Conciliation and Review) Act 1987
Howard Florey Institute of Experimental Physiology and Medicine Act 1971
(this Act is Administered by the Minister for Innovation)
Human Services (Complex Needs) Act 2009
Human Tissue Act 1982 (see Human Tissue) website
  Human Tissue Regulations 2006 31 January 2016
Infertility Treatment Act 1995
  Infertility Treatment Regulations 1997 31 December 2009
Land Act 1958
The Act is administered by the Minister for Health insofar as it relates to the exercise of power relating to the leases and licences under subdivisions 1 and 2 of Division 9 of Part 1 in respect of the lands described as: Crown Allotment 60A1 in the Parish of Traralgon and contained in Crown Lease Volume 1212 Folio 519 Allotment 3A of Section 16 Block E in the Parish of Mildura and contained in Crown Lease Volume 1212 folio 567(The Act is otherwise administered by the Minister for Planning, the Attorney-General, the Minister for Finance, the Minister for Corrections and the Minister for Transport.)
Lord Mayor’s Charitable Fund Act 1996
Medical Treatment Act 1988
(see also Medical Treatment Act 1988 website)
Mental Health Act 1986
(see also Mental Health Act 1986 website and Mental Health Act Review website)
  Mental Health Regulations 2008 15 September 2018
Non-Emergency Patient Transport Act 2003
  Non-Emergency Patient Transport Regulations 2005 8 November 2015
Prince Henry’s Institute of Medical Research Act 1988
(this Act is Administered by the Minister for Innovation.)

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Other relevant Acts, Regulations and Supporting Information
Microsoft Word Icon Health Services Act 1988 - Registration of Agencies Under Division 2 of Part 3 - August 2005 (Word file 39KB)
Guardianship and Administration Act – the law on medical research procedures involving adult patients under a legal incapacity
Coroners Act 1985
Crimes Act 1985
Financial Management Act 1994
Freedom of Information Act 1982
Guardianship and Administration Act 1986
Information Privacy Act 2000
Interpretation of Legislation Act 1984
Occupational Health and Safety Act 2004
Ombudsman Act 1973
Public Records Act 1973
Sentencing Act 1991
Subordinate Legislation Act 1994
Whistleblowers Protection Act 2001

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