Department of Health

How we regulate Legionella risks in Victoria

The Department of Health (the department) has developed a Better regulatory practice framework that details our approach to regulation. This framework sets out a clear and transparent statement about how the department's regulators will bring a systematic, risk-based approach to its regulatory activities.

The purpose of the framework is to provide a clear focus on regulatory outcomes, demonstrate a risk-based approach to regulation, inform organisational improvement and improve engagement with stakeholders. This framework draws on better regulatory practice approaches from international, national and state regulatory guidelines.

The department's Legionella Team has developed the Legionella regulator plan that outlines outcomes, key risks and regulatory tools. This plan was informed by the department's Better Regulatory Practice Framework.

Ministerial Statement of Expectations

A Ministerial Statement of Expectation was issued by the Minister for Health. It articulates the Minister's expectations for regulator performance and improvement for the period 2019-2021.

The department's Legionella Team has responded to the Statement of Expectation with an action plan

Read more about Ministerial Statements of Expectations for regulators.

Enforcement 

The department takes enforcement action in relation possible beaches of the Public Health and Wellbeing Act 2008 (the Act).

The type of enforcement action that may be taken by the department will vary according to the circumstances of the alleged breach of the Act but can include:

  • Issuing written warnings
  • Issuing improvement or prohibition notices under Section 194 of the Act. Improvement notices require the person concerned to remedy the contravention or likely contravention or the matters or activities causing the contravention or likely contravention. Prohibition notices prohibit the carrying on of the activity, or the carrying on of the activity in a specified way, until the Secretary has certified in writing that the contravention has ceased or that the likelihood of the contravention occurring has passed
  • Prosecution.

The department through its authorised officers have a range of powers under the Act. These powers are listed in Part 9 of the Act.  

All officers authorised under the Act are issued with an identity card that must be produced for inspections:

  1. Before exercising a power under this Part; or
  2. If asked to do so by any person at any time during the exercise of a power under this Part. 

The identity card will contain the name and a photograph of the authorised officer.

Division 2 of Part 9 of the Act describes the powers of entry of the authorised officers under the Act.

Reviewed 23 May 2021

Health.vic

Contact details

Our phone service is available Monday to Friday, from 9.00am to 1.00pm. Postal address: GPO Box 4057, Melbourne Vic 3001

Legionella team

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