Proposed regulations and Regulatory Impact Statement

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Have Your Say

Public comments and submissions are invited on the proposed Regulations and RIS. Further information as well as a link to the proposed Regulations and the RIS can be found below.

Submissions and comments can be made:

• through the Regulatory Impact Statement Online Submission form
• by email to phwa.enquiries@dhs.vic.gov.au
• or alternatively by post to:

Karen Fletcher
Acting Manager
Legislation Review Unit
Public Health Branch
Department of Health
GPO Box 4057
Melbourne VIC 3001

All comments and submissions must be received by 16 October 2009.

Proposed regulations

As of 1 January 2010, the Public Health and Wellbeing Act 2008 (PHWA) will repeal the ten sets of regulations made under the Health Act 1958 including the:

• Health (Consultative Council on Obstetric and Paediatric Mortality and Morbidity) Regulations 2002
• Health (Exempt Businesses) Regulations 2005
• Health (Immunisation) Regulations 1999
• Health (Infectious Diseases) Regulations 2001
• Health (Legionella) Regulations 2001
• Health (Pest Control) Regulations 2002
• Health (Prescribed Accommodation) Regulations 2001
• Health (Prescribed Consultative Councils) Regulations 2002
• Health (Registration of Premises) Regulations 2002
• Health (Seizure) Regulations 2003

A single set of regulations, the Public Health and Wellbeing Regulations 2009, have been drafted and are proposed to replace the above ten sets of regulations and support the new Act. These new Regulations will be effective from 1 January 2010.
It is proposed that the draft Regulations will cover:

• aquatic facilities
• nuisances
• pest control
• immunisation
• notification of high lead levels in blood
• prescribed accommodation and registered premises
• cooling tower systems and Legionella risks in certain premises
• governance and management of a number of consultative councils established under the Act
• notification, management and control of infectious diseases, micro-organisms and medical conditions

A copy of the proposed Regulations is available below:

Proposed Public Health and Wellbeing Regulations (733kb, pdf)

Regulatory Impact Statement

In accordance with the requirements of the Subordinate Legislation Act 1994, a regulatory impact statement (RIS) has been prepared in regards to the proposed regulations. The purpose of the RIS is to explain the likely impact of the proposed regulations and to facilitate the process of public consultation.

The RIS explains the objectives of the proposed regulations, identifies feasible alternatives and analyses the likely benefits and costs of the proposed regulations and each alternative.

A copy of the RIS is available below:

Regulatory Impact Statement on the Public Health and Wellbeing Regulations (complete) (1.1mb, pdf)

In accordance with requirements under the Subordinate Legislation Act 1994, the Victorian Competition and Efficiency Commission have independently assessed the RIS as adequately meeting the requirements of the legislation. A copy of their assessment letter is available below:

VCEC Assessment Letter (145kb, pdf)