Legislation
Page content: Relevant legislation | Legislation changes effective from 9 June 2004 | Review of the Health Act 1958 (Vic)
Relevant legislation
Note: You must read the disclaimer before reading the legislation links provided below.
Health (Consultative Council on Obstetric and Paediatric Mortality and Morbidity) Regulations 2002
(available on the Victorian Legislation and Parliamentary Documents website)
Legislation changes effective from 9 June 2004
The Report into the System for Dealing with Multiple Child Deaths (September 2003) addressed the adequacy of the system in place for dealing with multiple child deaths within one family.
The Report made various recommendations, including the need to amend provisions in the Health Act 1958 (Vic) regarding the Consultative Council on Obstetric and Paediatric Mortality and Morbidity (“CCOPMM”).>
The Death Notification Legislation (Amendment) Act 2004 (Vic) implemented the Report by amending several Acts. The amendments to the Coroners Act 1985 (Vic) and the Births, Deaths and Marriages Registration Act 1996 (Vic) came into force on 1 August 2005. The amendments to the Health Act 1958 (Vic) came into force on 9 June 2004.
The amendments to the Health Act 1958 (Vic) relate to three matters:
(1) Amending the functions of CCOPMM;
The functions of CCOPMM are now extended to enable consideration of the deaths of 15, 16 & 17 year olds (s. 162F(1)(a) of the Health Act 1958 (Vic)). This brings the scope of CCOPMM into line with the age criteria of the Victorian Child Death Review Committee and interstate paediatric death review committees in New South Wales, Queensland and Western Australia.
(2) Clarifying the authority of health service providers to provide information to CCOPMM; and
The Health Act 1958 (Vic) now clarifies that, despite any other law to the contrary, a health service provider who is requested to provide information, is authorised to provide that information to CCOPMM (s. 162FA of the Health Act 1958 (Vic)). The release of identifying patient information by a hospital or other health service provider to CCOPMM under this provision is therefore permitted under the Health Records Act 2001 (Vic) and the Health Services Act 1988 (Vic) . A “health service provider” includes medical practitioners, nurses, allied health providers, those involved in the provision of child and maternal health services, hospitals and other persons or bodies that provide services intended to assess, diagnose or treat illness.
(3) Providing for CCOPMM to disclose information to specified bodies in special circumstances.
If CCOPMM determines that a release to a body specified in section 162FB of the Act (including the Medical Practitioners Board of Victoria and hospitals) would be “in the public interest”, it has discretion to release the information to that body. CCOPMM would only release information after a very careful consideration of the issues, including the need to encourage full and frank disclosures by health providers. CCOPMM cannot be compelled under any law to release information it holds.
You may access Victorian Legislation and Parliamentary Documents on the Internet at www.legislation.vic.gov.au
Review of the Health Act 1958 (Vic)
The Public Health Group, Department of Human Services is currently conducting a review of the Health Act 1958 (Vic) to ensure that Victoria has a modern legislative framework to support current and future directions for public health. This may lead to changes in the CCOPMM.