Earlier reviews

Page content: Review of the Health Act 1958 | National Competition Policy Reviews

Review of the Health Act 1958

The Health Act 1958 has been reviewed a number of times. The most recent review involved the release of a Discussion Paper in 2004 and a Draft Policy Paper in 2005. It was this review that led to the development of the Public Health and Wellbeing Act 2008.

1998 Review

In 1998 a discussion paper on the Review of the Health Act 1958 was released and appears below:

Review of the Health Act 1958 - Discussion Paper (352kb, pdf)

2004 Review

In 2004, the Victorian Government conducted a major review of the Health Act 1958. This included the release of a discussion paper in 2004 and a draft policy paper in 2005 (see below).

Review of the Health Act 1958: A new legislative framework for public health in Victoria (430kb, pdf)
Review of the Health Act 1958: Draft policy paper - for consultation (1.45mb, pdf)

A number of public submissions were received in response to the 2004 discussion paper, and the 2005 draft policy paper. 

National Competition Policy Reviews

Under the Competition Principles Agreement, one of three inter-governmental agreements signed in 1995 giving effect to National Competition Policy, Victoria is obliged to review, and where appropriate reform, statutory restrictions on competition. As part of the Agreement, all governments adopted the following guiding principle:

Legislation should not restrict competition unless it can be demonstrated that:

• the benefits of the restriction to the community as a whole outweigh the costs; and
• the objectives of the legislation can only be achieved by restricting competition.

In accordance with the Terms of Reference for this National Competition Policy review of the Health Act 1958 and Regulations, the Department of Human Services established a review panel satisfying the necessary independence requirements to conduct the review.

The entire final report of the review panel and the Government Response to that report are available below:

National Competition Policy Review of the Health Act 1958 - Final Report (596kb, pdf)

National Competition Policy Review of the Health Act 1958 - Government Response (49kb pdf)