Public Health and Wellbeing Regulations 2009

i Public Health and Wellbeing Regulations 2009 S.R. No. 178/2009 TABLE OF PROVISIONS Regulation Page PART 1—PRELIMINARY 1 1 Objective 1 2 Authorising provisions 1 3 Commencement 1 4 Definitions 2 PART 2—PRESCRIBED SENIOR OFFICERS 7 5 Prescribed senior officers 7 PART 3—CONSULTATIVE COUNCILS 8 6 Meetings of Consultative Councils 8 7 Quorum of Consultative Council meetings 8 8 Fees Payable to members of a Consultative Council or Consultative Council sub-committee 8 9 Prescribed Consultative Councils 9 10 Information for research 9 11 Time to provide birth report 10 PART 4—ARBOVIRUS INFECTION CONTROL 11 12 Prevention of mosquito breeding 11 PART 5—PRESCRIBED ACCOMMODATION AND REGISTERED PREMISES 12 Division 1—Scope and registration 12 13 Prescribed accommodation 12 14 Exempt prescribed accommodation 12 15 Exempt registered premises 13 16 Applications for registration 15 -- 1 of 88 -- Regulation Page ii Division 2—Standards and requirements for prescribed accommodation 16 17 Overcrowding in prescribed accommodation 16 18 Maintenance of prescribed accommodation 17 19 Cleanliness of prescribed accommodation 18 20 Water supplied to prescribed accommodation 18 21 Drinking water and prescribed accommodation 19 22 Discharge of sewage and waste water in prescribed accommodation 19 23 Refuse receptacles and prescribed accommodation 19 24 Refuse disposal and prescribed accommodation 19 25 Toilet and bathing facilities in prescribed accommodation 20 26 Register of occupants of prescribed accommodation 20 27 Advertising and prescribed accommodation 20 Division 3—Standards and requirements for registered premises 21 28 Condition of registered premises 21 29 Condition of skin penetrating equipment and other articles used at registered premises 21 30 Personal hygiene 22 31 Hand washing facilities at registered premises 22 32 Information to be provided to clients of registered premises 23 33 Information to be kept: premises that provide tattooing or body piercing 23 Division 4—Prescribed conditions 24 34 Prescribed conditions 24 PART 6—AQUATIC FACILITIES 25 35 Exclusions—Part 6 25 36 Aquatic facility deemed to be open for use 25 37 Maintenance of aquatic facilities 25 38 Clarity of aquatic facility water 26 39 Treatment of aquatic facility water 26 40 Microbiological quality 27 41 Chemical testing 28 42 Filtering 29 43 Temperature 29 44 Cyanuric acid level 29 45 Total alkalinity level 29 46 Combined chlorine 30 47 Aquatic facility suspected or implicated as the source of infection 30 48 Aquatic facility records 30 -- 2 of 88 -- Regulation Page iii PART 7—COOLING TOWER SYSTEMS AND LEGIONELLA RISKS IN CERTAIN PREMISES 32 Division 1—Cooling Tower Systems 32 49 Fees for applications to register or renew registration of a cooling tower system 32 50 Secretary may waive fees for registration or renewal of registration of cooling tower system 32 51 Risk management plans for cooling tower system 32 52 Cooling tower system risk management plan audits 33 53 Maintenance of cooling tower systems 34 54 Cooling tower water quality and treatment 34 55 Disinfection, cleaning and re-disinfection of cooling tower water 34 56 Routine service and testing of cooling towers 35 57 High heterotrophic colony count detected in cooling tower system 35 58 Legionella detected in cooling tower system 39 59 Cooling tower system suspected or implicated as the source of infection 40 60 Records to be kept in respect of cooling tower systems 41 Division 2—Legionella risks in certain premises 41 61 Application of this Division 41 62 Legionella risk management in certain places 42 63 Legionella detected in a water delivery system 42 64 Water delivery system suspected or implicated as the source of infection 42 PART 8—PEST CONTROL 43 65 Pest control licence fees 43 66 Qualifications for pest control licences 43 67 Qualifications for certain existing pest control licence holders 43 68 Courses of training for supervised pest control licence holders 44 69 Records 44 PART 9—MANAGEMENT AND CONTROL OF INFECTIOUS DISEASES, MICRO-ORGANISMS AND MEDICAL CONDITIONS 46 Division 1—Notifications 46 70 Notifiable conditions and micro-organisms 46 71 Notification of notifiable conditions by medical practitioners 46 72 Notification of notifiable conditions by pathology services 46 73 Notification of micro-organisms—laboratories and food premises 48 -- 3 of 88 -- Regulation Page iv Division 2—Notification and directions 48 74 Secretary may notify Council 48 75 Secretary may give written directions 48 76 Powers of authorised officer 48 Division 3—HIV tests 49 77 Information to be given to a person requesting a test for HIV 49 78 Positive test results 49 79 Classes of persons who may provide counselling about the risk of transmission 50 Division 4—Immunisation 51 80 Definition of immunised 51 81 Vaccine-preventable diseases 51 82 Retention of immunisation status certificates at primary schools 51 83 Access to immunisation status certificates 52 84 Provision of information 52 85 Primary school or children's services centre exclusion 53 Division 5—Tissue donations 53 86 Prescribed period 53 Division 6—Information to sex workers and clients 54 87 Information to sex workers and clients 54 PART 10—INFRINGEMENTS 55 88 Infringements 55 __________________ SCHEDULES 56 SCHEDULE 1—Prescribed Consultative Councils 56 SCHEDULE 2—Approved Courses and Qualifications 57 SCHEDULE 3—Courses of Training and Units of Competency 60 SCHEDULE 4—Notifiable Conditions 61 SCHEDULE 5—Micro-Organisms—Isolated or Detected in Food or Drinking Water Supplies 64 SCHEDULE 6—Notification by Medical Practitioners 65 Form 1—For Group A and Group B Notifiable Conditions— Strictly Confidential 65 Form 2—For Group C Notifiable Conditions—Strictly Confidential 67 -- 4 of 88 -- Regulation Page v Form 3—For Group D Notification for HIV—Strictly Confidential 68 Form 4—For Group D Notification for AIDS—Strictly Confidential 71 SCHEDULE 7—Minimum Period of Exclusion from Primary Schools and Children's Services Centres for Infectious Diseases Cases and Contacts 75 SCHEDULE 8—Infringements 80 ═══════════════ ENDNOTES 83 -- 5 of 88 -- 1 STATUTORY RULES 2009 S.R. No. 178/2009 Public Health and Wellbeing Act 2008 Public Health and Wellbeing Regulations 2009 The Governor in Council makes the following Regulations: Dated: 15 December 2009 Responsible Minister: DANIEL ANDREWS Minister for Health TOBY HALLIGAN Clerk of the Executive Council PART 1—PRELIMINARY 1 Objective The objective of these Regulations is to prescribe matters required or permitted to be prescribed or necessary to be prescribed to give effect to the Public Health and Wellbeing Act 2008. 2 Authorising provisions These Regulations are made under sections 232, 233, 234, 235, 236, 237, 238 and 239 of the Public Health and Wellbeing Act 2008. 3 Commencement These Regulations come into operation on 1 January 2010. -- 6 of 88 -- Part 1—Preliminary Public Health and Wellbeing Regulations 2009 S.R. No. 178/2009 2 4 Definitions In these Regulations— aged care has the same meaning as in Schedule 1 of the Aged Care Act 1997 of the Commonwealth; article means any appliance, instrument, container, applicator, cosmetic, dye, dressing or thing used on a living human being; aquatic facility includes spa pools and swimming pools; biocide means a physical or chemical agent capable of killing micro-organisms; body piercing has the same meaning as it has in section 43(1) of the Summary Offences Act 1966; commercial vehicle wash means a business where cars, trucks and other vehicles are washed; correctional services has the same meaning as it has in section 3(1) of the Corrections Act 1986; disinfect means to carry out a process which— (a) is intended to kill or remove pathogenic micro-organisms; and (b) in the case of a cooling tower system, consists of dosing the water of the system with— (i) a chlorine-based compound, equivalent to at least 10 mg/L of free chlorine for at least one hour, while maintaining the pH of the water between 7·0 and 7·6; or r. 4 -- 7 of 88 -- Part 1—Preliminary Public Health and Wellbeing Regulations 2009 S.R. No. 178/2009 3 (ii) a bromine-based compound, equivalent to at least 20 mg/L of free bromine for at least one hour, while maintaining the pH of the water between 7·0 and 8·5; drinking water has the same meaning as it has in section 3 of the Safe Drinking Water Act 2003; food premises has the same meaning as it has in section 4(1) of the Food Act 1984; food vending machine has the same meaning as it has in section 4(1) of the Food Act 1984; heterotrophic colony count means an estimate of the number of the viable units of bacteria per millilitre of water; health service establishment has the same meaning as it has in section 3(1) of the Health Services Act 1988; holiday camp means any house, building or structure, whether temporary or permanent, which is used for the accommodation of student groups, youth groups or family groups for holiday or recreational purposes; hostel means any house, building or structure, whether temporary or permanent, which is used primarily for the accommodation of travellers; hotel includes a residential hotel and any residential premises in respect of which a general licence or on-premises licence is granted under the Liquor Control Reform Act 1998; laboratory means a laboratory accredited by the National Association of Testing Authorities; r. 4 -- 8 of 88 -- Part 1—Preliminary Public Health and Wellbeing Regulations 2009 S.R. No. 178/2009 4 Legionella means bacteria belonging to the genus Legionella; registered funded agency has the same meaning as it has in section 3(1) of the Health Services Act 1988; residential accommodation means any house, building, or other structure used as a place of abode where a person or persons can live on payment of consideration to the proprietor but does not include— (a) a hotel or motel; or (b) a hostel; or (c) a student dormitory; or (d) a holiday camp; or (e) a rooming house; responsible person means the person who owns, manages or controls a cooling tower system, water delivery system or aquatic facility; rooming house means a building in which there is one or more rooms available for occupancy on payment of rent in which the total number of people who may occupy that room or those rooms is not less than 4; spa pool means an artificially constructed pool to which members of the public have access which— (a) has facilities for circulating heated turbulent water; and (b) is used or intended to be used for passive recreational or therapeutic bathing; r. 4 -- 9 of 88 -- Part 1—Preliminary Public Health and Wellbeing Regulations 2009 S.R. No. 178/2009 5 student dormitory means any dormitory, student hostel, hall of residence or residential college for the accommodation of students which is controlled by or operated under an arrangement with or affiliated with— (a) an institution providing educational services for children of compulsory school age within the meaning of section 1.1.3(1) of the Education and Training Reform Act 2006; or (b) adult, community and further education services; or (c) an autonomous college or adult education institution within the meaning of those definitions in section 1.1.3(1) of the Education and Training Reform Act 2006; swimming pool means an artificially constructed pool to which members of the public have access which— (a) is used or intended to be used for swimming, diving, recreational or therapeutic bathing, exercise, paddling or wading; or (b) is used or intended to be used as a receiving pool of a waterslide; temporary crisis accommodation means temporary crisis accommodation provided on a non profit basis by an agency which receives homelessness support funding from the Government of Victoria; the Act means the Public Health and Wellbeing Act 2008; r. 4 -- 10 of 88 -- Part 1—Preliminary Public Health and Wellbeing Regulations 2009 S.R. No. 178/2009 6 water delivery system includes any shower plumbing, bath, pipes, water heaters, bathing facilities, water storage tanks or vehicle washing equipment used to store, deliver, transmit, treat or mix water; water supplier has the same meaning as it has in section 3 of the Safe Drinking Water Act 2003. __________________ r. 4 -- 11 of 88 -- Part 2—Prescribed Senior Officers Public Health and Wellbeing Regulations 2009 S.R. No. 178/2009 7 PART 2—PRESCRIBED SENIOR OFFICERS 5 Prescribed senior officers For the purposes of section 22(1)(b) of the Act, Senior Medical Advisers employed by the Department of Health are prescribed senior officers. __________________ r. 5 -- 12 of 88 -- Part 3—Consultative Councils Public Health and Wellbeing Regulations 2009 S.R. No. 178/2009 8 PART 3—CONSULTATIVE COUNCILS 6 Meetings of Consultative Councils For the purposes of section 35 of the Act— (a) meetings of a Consultative Council must be held at least every 3 months; (b) the date and time of a meeting of a Consultative Council must be fixed— (i) by resolution of the Consultative Council; or (ii) if no date and time is fixed by resolution, by the Chairperson. 7 Quorum of Consultative Council meetings For the purposes of section 35 of the Act— (a) the quorum for meetings of a Consultative Council is more than 50 percent of the number of members of the Consultative Council; (b) the quorum for meetings of a Consultative Council sub-committee is more than 50 percent of the members of the Consultative Council sub-committee. 8 Fees Payable to members of a Consultative Council or Consultative Council sub-committee For the purpose of section 233 of the Act, the fees payable to an eligible member of a Consultative Council or eligible member of a Consultative Council sub-committee are— (a) 20 fee units for every half day; or (b) 40 fee units for every full day. r. 6 -- 13 of 88 -- Part 3—Consultative Councils Public Health and Wellbeing Regulations 2009 S.R. No. 178/2009 9 9 Prescribed Consultative Councils For the purposes of Division 2 of Part 4 of the Act, the Consultative Councils specified in Schedule 1 are prescribed. 10 Information for research (1) This regulation applies, in the case of— (a) CCOPMM, for the purpose of carrying out its functions under section 46 of the Act; or (b) a prescribed Consultative Council, for the purpose of carrying out its functions under section 38 of the Act. (2) If this regulation applies, a Consultative Council may make available to researchers any information— (a) approved by CCOPMM, and collected by the perinatal data collection unit conducted by CCOPMM for the purpose of section 46(1) of the Act; and (b) that is not capable of establishing the identity of any person in respect of whom information has been collected. (3) Despite subregulation (2), information that identifies a person may be given by the Consultative Council to a researcher— (a) if written permission has been given by the person identified in the document; and (b) if possible, written permission has been given by either the medical practitioner or midwife who was in attendance at the birth; and r. 9 -- 14 of 88 -- Part 3—Consultative Councils Public Health and Wellbeing Regulations 2009 S.R. No. 178/2009 10 (c) where the birth occurred in a health service, written permission has been given by the chief executive officer or proprietor of the health service. 11 Time to provide birth report For the purposes of section 48 of the Act, the prescribed period is 90 days after the birth. __________________ r. 11 -- 15 of 88 -- Part 4—Arbovirus Infection Control Public Health and Wellbeing Regulations 2009 S.R. No. 178/2009 11 PART 4—ARBOVIRUS INFECTION CONTROL 12 Prevention of mosquito breeding (1) For the purposes of section 235(a) of the Act, in order to prevent the breeding of mosquitoes which may be vectors of arboviruses, an authorised officer may give written directions to the owner or occupier of any premises to remove, or take steps to avoid, any condition on those premises conducive to the breeding of mosquitoes. (2) A person to whom a direction is given under subregulation (1) must comply with the direction. Penalty: 20 penalty units. __________________ r. 12 -- 16 of 88 -- Part 5—Prescribed Accommodation and Registered Premises Public Health and Wellbeing Regulations 2009 S.R. No. 178/2009 12 PART 5—PRESCRIBED ACCOMMODATION AND REGISTERED PREMISES Division 1—Scope and registration 13 Prescribed accommodation The following classes of accommodation are prescribed to be prescribed accommodation for the purposes of section 3 of the Act— (a) residential accommodation; (b) hotels and motels; (c) hostels; (d) student dormitories; (e) holiday camps; (f) rooming houses. 14 Exempt prescribed accommodation The following are prescribed not to be prescribed accommodation for the purposes of these regulations— (a) a house under the exclusive occupation of the occupier; or (b) a self-contained flat under the exclusive occupation of the occupier consisting of a suite of rooms that— (i) forms a portion or portions of a building; and (ii) includes kitchen, bathroom and toilet facilities; and (iii) forms a self-contained residence; or (c) temporary crisis accommodation; or r. 13 -- 17 of 88 -- Part 5—Prescribed Accommodation and Registered Premises Public Health and Wellbeing Regulations 2009 S.R. No. 178/2009 13 (d) a health or residential service within the meaning of section 3(1) of the Residential Tenancies Act 1997; or (e) a nursing home within the meaning of the National Health Act 1953 of the Commonwealth; or (f) any retirement village within the meaning of section 3(1) of the Retirement Villages Act 1986; or (g) any house, building or structure to which Part 4 of the Residential Tenancies Act 1997 applies; or (h) any vessel, vehicle, tent or caravan; or (i) premises in which, other than the family of the proprietor, not more than 5 persons are accommodated, and which is not a rooming house. 15 Exempt registered premises For the purposes of section 69(2) of the Act, the following businesses and classes of businesses are prescribed to be exempt— (a) the practice of a person registered in the dentists' division of the register kept by the Dental Practice Board of Victoria under the Health Professions Registration Act 2005; (b) the practice of a person registered as a medical practitioner registered by the Medical Practitioners Board of Victoria under the Health Professions Registration Act 2005; (c) the practice of a person registered as a nurse by the Nurses Board of Victoria under the Health Professions Registration Act 2005; r. 15 -- 18 of 88 -- Part 5—Prescribed Accommodation and Registered Premises Public Health and Wellbeing Regulations 2009 S.R. No. 178/2009 14 (d) the practice of a person registered as a podiatrist by the Podiatrists Registration Board of Victoria under the Health Professions Registration Act 2005; (e) the practice of a person registered as an acupuncturist under the Health Professions Registration Act 2005; (f) the business of a collection centre for which approval has been granted under section 23DNBA of the Health Insurance Act 1973 of the Commonwealth; (g) the business of a service where human tissue, human fluids or human body products are subjected to analysis for the purposes of the prevention, diagnosis or treatment of disease in human beings and that is not primarily a pathology service; (h) the business of a mobile hairdresser, except in relation to the principal place of business of the hairdresser; (i) the business of a mobile beauty therapist, except in relation to the principal place of business of the mobile beauty therapist; (j) the business of a public hospital, denominational hospital, private hospital, privately-operated hospital, public health service, day procedure centre, multi purpose service or registered community health centre, within the meaning of section 3(1) of the Health Services Act 1988. r. 15 -- 19 of 88 -- Part 5—Prescribed Accommodation and Registered Premises Public Health and Wellbeing Regulations 2009 S.R. No. 178/2009 15 16 Applications for registration For the purpose of section 71(c) of the Act, the prescribed particulars are— (a) for an application to register prescribed accommodation— (i) a plan of the premises drawn to a scale of not less that 1:100 and showing the proposed use of each room; (ii) the date of the application for registration; (iii) the name and address of the proprietor; (iv) the address of the premises; (v) the date of the registration; (b) for an application to renew the registration of prescribed accommodation— (i) the date of renewal; (ii) any conditions on the grant of registration or renewal; (c) for an application to transfer the registration of prescribed accommodation— (i) the date of transfer of registration; (ii) the name and address of the person to whom the registration is transferred; (iii) the address of the premises to which the registration is transferred; (d) for an application concerning registered premises— (i) the date of the application for registration; (ii) the name and address of the proprietor; (iii) the business trading name (if any); r. 16 -- 20 of 88 -- Part 5—Prescribed Accommodation and Registered Premises Public Health and Wellbeing Regulations 2009 S.R. No. 178/2009 16 (iv) the address of the premises; (v) the date of registration; (vi) the registration number (if any); (vii) the date of renewal of registration (if applicable); (viii) any conditions on the grant of registration, renewal of registration or transfer of registration (if applicable); (ix) the name and address of the person to whom the registration is transferred (if applicable). Division 2—Standards and requirements for prescribed accommodation 17 Overcrowding in prescribed accommodation (1) A proprietor of prescribed accommodation must comply with this regulation in relation to the maximum number of persons permitted to be accommodated in each bedroom in the prescribed accommodation. Penalty: 20 penalty units. (2) A proprietor of prescribed accommodation must not permit a room in the prescribed accommodation to be used as a bedroom if it has a floor area of less than 7·5 square metres. Penalty: 20 penalty units. (3) If persons are accommodated in prescribed accommodation for a period of more than 31 days, the maximum number of persons permitted to occupy a bedroom in respect of the period after the thirty-first day is— (a) in the case of a bedroom with a floor area of less than 12 square metres, one person; r. 17 -- 21 of 88 -- Part 5—Prescribed Accommodation and Registered Premises Public Health and Wellbeing Regulations 2009 S.R. No. 178/2009 17 (b) in the case of a bedroom with a floor area of 12 square metres or more, 2 persons and an additional person for every 4 square metres of floor area that exceeds 12 square metres. (4) If persons are accommodated in prescribed accommodation, other than a holiday camp, for a period of 31 days or less, the maximum number of persons permitted to occupy a bedroom is— (a) in the case of a bedroom with a floor area of less than 10 square metres, 2 persons; (b) in the case of a bedroom with a floor area of 10 square metres or more, 3 persons and an additional person for every 2 square metres of floor area that exceeds 10 square metres. (5) Subject to subregulation (2), a proprietor of a holiday camp must provide at least 2 square metres of floor area in a bedroom for each person who is accommodated for a period of 31 days or less. (6) For the purposes of this regulation— (a) one child under the age of 3 years is not counted as a person; (b) two children under the age of 3 years are counted as one person; (c) floor area includes the area occupied by any cupboard or other built-in furniture, fixture or fitting but does not include any area occupied by any bathroom or toilet in, or attached to, the bedroom. 18 Maintenance of prescribed accommodation A proprietor of prescribed accommodation must maintain the prescribed accommodation and all bedrooms, toilets, bathrooms, laundries, kitchens, living rooms and any common areas provided with the accommodation— r. 18 -- 22 of 88 -- Part 5—Prescribed Accommodation and Registered Premises Public Health and Wellbeing Regulations 2009 S.R. No. 178/2009 18 (a) in good working order; and (b) in a clean, sanitary and hygienic condition; and (c) in a good state of repair. Penalty: 20 penalty units. 19 Cleanliness of prescribed accommodation (1) In addition to the requirement under regulation 18(b), a proprietor of prescribed accommodation must ensure that each bedroom and any toilet or bathroom attached to the bedroom is cleaned after the bedroom is vacated and before its re-use by another occupier. Penalty: 20 penalty units. (2) A proprietor of prescribed accommodation must ensure that all bed linen provided with the accommodation is changed with clean linen— (a) at least weekly; and (b) after the accommodation is vacated and before its re-use by another occupier. Penalty: 20 penalty units. 20 Water supplied to prescribed accommodation (1) A proprietor of prescribed accommodation must provide a continuous and adequate supply of water to all toilet, bathing, kitchen, laundry and drinking water facilities. Penalty: 20 penalty units. (2) A proprietor of prescribed accommodation must provide a continuous and adequate supply of hot water to all bathing, laundry and kitchen facilities. Penalty: 20 penalty units. r. 19 -- 23 of 88 -- Part 5—Prescribed Accommodation and Registered Premises Public Health and Wellbeing Regulations 2009 S.R. No. 178/2009 19 21 Drinking water and prescribed accommodation A proprietor of prescribed accommodation must ensure that drinking water supplied by the proprietor to another person is fit for human consumption if the drinking water was not supplied to the proprietor by a water supplier. Penalty: 20 penalty units. 22 Discharge of sewage and waste water in prescribed accommodation A proprietor of prescribed accommodation must ensure that all sewage and waste water is discharged— (a) to a reticulated sewerage system; or (b) to a wastewater treatment system permitted under the Environment Protection Act 1970. Penalty: 20 penalty units. 23 Refuse receptacles and prescribed accommodation A proprietor of prescribed accommodation must— (a) provide sufficient vermin-proof receptacles at the prescribed accommodation for the collection and storage of all rubbish; and (b) ensure that the receptacles are regularly cleaned. Penalty: 20 penalty units. 24 Refuse disposal and prescribed accommodation A proprietor of prescribed accommodation must ensure that all refuse at the accommodation is regularly removed by means of a refuse collection service provided by the local Council or a private contractor engaged by the proprietor. Penalty: 20 penalty units. r. 21 -- 24 of 88 -- Part 5—Prescribed Accommodation and Registered Premises Public Health and Wellbeing Regulations 2009 S.R. No. 178/2009 20 25 Toilet and bathing facilities in prescribed accommodation A proprietor of prescribed accommodation must provide at least one toilet, one bath or shower and one wash basin for every 10 persons or fraction of that number of persons occupying the accommodation. Penalty: 20 penalty units. 26 Register of occupants of prescribed accommodation (1) A proprietor of prescribed accommodation must keep a register recording— (a) the names and addresses of persons occupying the accommodation; and (b) the dates of their arrival and departure. Penalty: 20 penalty units. (2) A proprietor is exempted from compliance with subregulation (1), if the proprietor is required under any other Act or regulation to keep a similar register. (3) The proprietor must retain the register referred to in subregulation (1) or (2) for at least 12 months after the date of the last entry in the register. Penalty: 20 penalty units. 27 Advertising and prescribed accommodation A proprietor of prescribed accommodation must not state or cause to be stated in any advertisement, notice or sign issued or put up in relation to the accommodation, that the premises were registered or approved for any class of accommodation other than that set out on the certificate of registration. Penalty: 20 penalty units. r. 25 -- 25 of 88 -- Part 5—Prescribed Accommodation and Registered Premises Public Health and Wellbeing Regulations 2009 S.R. No. 178/2009 21 Division 3—Standards and requirements for registered premises 28 Condition of registered premises The proprietor or occupier of premises where a registered premises is located must ensure that the premises are kept in a clean, sanitary and hygienic condition. Penalty: 20 penalty units. 29 Condition of skin penetrating equipment and other articles used at registered premises (1) The proprietor or occupier of premises where a registered premises is located must ensure that— (a) an article intended to be used for penetrating the skin of a person is sterile at the time of use; and (b) an article which has penetrated the skin of a person or is contaminated with blood is— (i) destroyed or disposed of immediately in such a manner as to prevent the infection of any other person; or (ii) sterilized in accordance with subregulation (2) before it is used on any other person; and (c) any article is clean before it is used on a person. Penalty: 20 penalty units. (2) An article is sterilized for the purposes of subregulation (1)(b)(ii) if the article has been— (a) thoroughly cleaned and rinsed, then sterilized by the use of steam under pressure— r. 28 -- 26 of 88 -- Part 5—Prescribed Accommodation and Registered Premises Public Health and Wellbeing Regulations 2009 S.R. No. 178/2009 22 (i) at 121°C for 15 minutes at a pressure of 103 kilopascals; or (ii) at 126°C for 10 minutes at a pressure of 138 kilopascals; or (iii) at 132°C for 4 minutes at a pressure of 186 kilopascals; or (iv) at 134°C for 3 minutes at a pressure of 203 kilopascals; or (b) thoroughly cleaned and rinsed, then sterilized by the use of dry heat at 160°C for a minimum of 120 minutes; or (c) taken from a sealed container which bears a label stating that the contents are sterile. 30 Personal hygiene The proprietor or occupier of premises where a registered premises is located must ensure that each person in the business who is engaged in carrying out any hairdressing, colonic irrigation or beauty therapy or similar process on any other person or any tattooing, ear piercing or other process involving the penetration of the skin in a living human being— (a) is in a clean condition, including their hands; and (b) has no exposed cuts, abrasions or wounds— before carrying out the process. Penalty: 20 penalty units. 31 Hand washing facilities at registered premises The proprietor or occupier of premises where a registered premises is located must ensure that easily accessible hand washing facilities are available for use by staff. Penalty: 20 penalty units. r. 30 -- 27 of 88 -- Part 5—Prescribed Accommodation and Registered Premises Public Health and Wellbeing Regulations 2009 S.R. No. 178/2009 23 32 Information to be provided to clients of registered premises (1) The proprietor or occupier of premises where a registered premises is located that provides tattooing, ear piercing, body piercing or any other process involving the penetration of the skin in a living human being must ensure, before such a process is provided to a person, that written information is provided directly to the person about the transmission of infectious diseases associated with the process. Penalty: 20 penalty units. (2) The proprietor or occupier of premises where a registered premises is located that provides tattooing, ear piercing, body piercing or any other process involving the penetration of the skin in a living human being must take reasonable steps to ensure that the information about the transmission of infectious diseases provided to a person under subregulation (1) is not misleading. Penalty: 20 penalty units. 33 Information to be kept: premises that provide tattooing or body piercing (1) The proprietor or occupier of premises where a registered premises is located that provides tattooing or body piercing must ensure that the name, address and telephone number of each client is recorded and stored at the premises for a period of 12 months following the date of the last body piercing or tattooing procedure undertaken by the client at the premises. Penalty: 20 penalty units. r. 32 -- 28 of 88 -- Part 5—Prescribed Accommodation and Registered Premises Public Health and Wellbeing Regulations 2009 S.R. No. 178/2009 24 (2) This regulation does not apply to a business that is prescribed as an exempt business by regulation 15. Division 4—Prescribed conditions 34 Prescribed conditions For the purposes of section 75(1)(c) of the Act, the following are conditions which apply to a class of registration— (a) it is a condition on the registration of all prescribed accommodation that proprietors required to keep a register under regulation 26(1) must take all reasonable steps to protect the information in the register; (b) it is a condition on the registration of all premises required to be registered under section 69 of the Act upon which a business involving tattooing or body piercing is conducted that a person required to keep records under regulation 33(1) must take reasonable steps to protect the information in the records. __________________ r. 34 -- 29 of 88 -- Part 6—Aquatic Facilities Public Health and Wellbeing Regulations 2009 S.R. No. 178/2009 25 PART 6—AQUATIC FACILITIES 35 Exclusions—Part 6 Despite regulation 4, in this Part, an aquatic facility does not include— (a) a whirlpool bath or spa bath that is, or intended to be, emptied of water after each individual use; or (b) a dam, natural watercourse or ocean pool that is used for swimming; or (c) a spring water pool that has a turnover rate of at least 25 percent of the entire volume of the water in the pool to waste each hour. 36 Aquatic facility deemed to be open for use For the purposes of regulations 37 to 48, an aquatic facility is deemed to be open for use— (a) if any door or gate provided for access to the aquatic facility is open or unlocked; and (b) if there are no conspicuous signs advising users that the aquatic facility is closed. 37 Maintenance of aquatic facilities The responsible person must ensure that any aquatic facility that the responsible person owns, manages or controls is maintained and tested in the manner set out in regulations 38 to 48. Penalty: 20 penalty units. r. 35 -- 30 of 88 -- Part 6—Aquatic Facilities Public Health and Wellbeing Regulations 2009 S.R. No. 178/2009 26 38 Clarity of aquatic facility water The responsible person must ensure that when an aquatic facility is open for use, the water in the aquatic facility is maintained in a clear condition such that the floor of the aquatic facility or any lane marking or object placed on the floor of the aquatic facility is clearly visible when viewed from either side of the aquatic facility. Penalty: 20 penalty units. 39 Treatment of aquatic facility water The responsible person must ensure that when an aquatic facility is open for use the water in the aquatic facility is treated by means of a chlorine or bromine based disinfectant in accordance with the parameters specified in Table 1 or Table 2 to this regulation. Penalty: 20 penalty units. TABLE 1 CHLORINATED AQUATIC FACILITIES Swimming pool where cyanuric acid is NOT used Swimming pool where cyanuric acid is used Spa Pool Free Chlorine (mg/L) minimum 1 2 3 Total Chlorine maximum (mg/L) 10 10 10 pH 7·2–7·8 7·2–7·8 7·2–7·8 r. 38 -- 31 of 88 -- Part 6—Aquatic Facilities Public Health and Wellbeing Regulations 2009 S.R. No. 178/2009 27 TABLE 2 BROMINATED AQUATIC FACILITIES Swimming Pool Spa Pool Free bromine (mg/L) minimum 2 6 Total bromine (mg/L) (maximum) 8 8 pH 7·2–8·0 7·2–8·0 40 Microbiological quality (1) The responsible person must ensure that when an aquatic facility is open for use, the microbiological standard of the water in the aquatic facility is maintained within the following parameters— (a) a heterotrophic colony count less than 100 colony forming units per millilitre; (b) coliform bacteria is not detected in 100 millilitres; (c) Pseudomonas aeruginosa is not detected in 100 millilitres. Penalty: 20 penalty units. (2) Within 24 hours of receiving a report that any sample of water taken from an aquatic facility and delivered to a laboratory for testing has not complied with subregulation (1), the responsible person must ensure that the following steps are taken— (a) the water in the aquatic facility must be shock dosed with chlorine or bromine; (b) the water treatment program and maintenance program of the aquatic facility must be reviewed; r. 40 -- 32 of 88 -- Part 6—Aquatic Facilities Public Health and Wellbeing Regulations 2009 S.R. No. 178/2009 28 (c) any faults must be corrected and any changes necessary to prevent a re-occurrence of those faults must be implemented; (d) a further sample of the water in the aquatic facility must be taken and delivered to a laboratory for testing to assess compliance with the microbiological parameters in subregulation (1). (3) If, after following the procedure in subregulation (2), the microbiological standard of the water in the aquatic facility fails to meet the microbiological parameters specified in subregulation (1), the responsible person must ensure that— (a) the steps in subregulation (2) are repeated until 2 consecutive water samples taken approximately one week apart comply with the parameters specified in subregulation (1); or (b) the aquatic facility is closed until the problem has been remedied. Penalty: 20 penalty units. 41 Chemical testing The responsible person must ensure that when an aquatic facility is open for use the water in the aquatic facility is tested— (a) at four hourly intervals for— (i) free chlorine and total chlorine (if chlorine used); (ii) free bromine and total bromine (if bromine used); (iii) pH; r. 41 -- 33 of 88 -- Part 6—Aquatic Facilities Public Health and Wellbeing Regulations 2009 S.R. No. 178/2009 29 (b) at weekly intervals for total alkalinity; (c) at monthly intervals for cyanuric acid (if used). Penalty: 20 penalty units. 42 Filtering The responsible person must ensure that when an aquatic facility is open for use the water in the aquatic facility is effectively filtered so that all visible extraneous matter is removed from the water. Penalty: 20 penalty units. 43 Temperature The responsible person must ensure that when an aquatic facility is open for use the water in the aquatic facility does not exceed 40 degrees Celsius. Penalty: 20 penalty units. 44 Cyanuric acid level The responsible person must ensure that when an aquatic facility is open for use the level of cyanuric acid (if used) in the water in the aquatic facility does not exceed 100mg/L. Penalty: 20 penalty units. 45 Total alkalinity level The responsible person must ensure that when an aquatic facility is open for use the total alkalinity level in the water in the aquatic facility is maintained above 60mg/L. Penalty: 20 penalty units. r. 42 -- 34 of 88 -- Part 6—Aquatic Facilities Public Health and Wellbeing Regulations 2009 S.R. No. 178/2009 30 46 Combined chlorine The responsible person must ensure that when an aquatic facility is open for use the combined chlorine of the water in the aquatic facility is— (a) at all times less than the free chlorine residual; and (b) measured to be less than 1 mg/L at least once in every 24 hours of operation. Penalty: 20 penalty units. 47 Aquatic facility suspected or implicated as the source of infection If the Secretary has informed the responsible person that the water in an aquatic facility is suspected or implicated as the source of infection in a case or outbreak of Legionellosis, that person must ensure that— (a) a water sample from the aquatic facility is promptly taken and delivered to a laboratory for testing and reporting on for Legionella; and (b) the aquatic facility is disinfected in accordance with any reasonable directions given to that person by the Secretary. Penalty: 20 penalty units. 48 Aquatic facility records The responsible person must ensure that— (a) records are kept in respect of each aquatic facility that records details of— (i) all results of tests and monitoring required under regulation 41; and (ii) all corrective activities undertaken in relation to the water in the aquatic facility; and r. 46 -- 35 of 88 -- Part 6—Aquatic Facilities Public Health and Wellbeing Regulations 2009 S.R. No. 178/2009 31 (b) the records are kept at the premises where the aquatic facility is located for 12 months from the date on which the record was made. Penalty: 20 penalty units. __________________ r. 48 -- 36 of 88 -- Part 7—Cooling Tower Systems and Legionella Risks in Certain Premises Public Health and Wellbeing Regulations 2009 S.R. No. 178/2009 32 PART 7—COOLING TOWER SYSTEMS AND LEGIONELLA RISKS IN CERTAIN PREMISES Division 1—Cooling Tower Systems 49 Fees for applications to register or renew registration of a cooling tower system For the purposes of section 81 of the Act, the prescribed fee for an application to register or renew registration of a cooling tower system is the amount calculated by multiplying the number of cooling towers in the cooling tower system by the number of fee units applicable for each period of registration— (a) one year, 7·5 fee units; (b) 2 years, 14 fee units; (c) 3 years, 20·5 fee units. 50 Secretary may waive fees for registration or renewal of registration of cooling tower system The Secretary may waive the fee or part of a fee for an application to register or renew registration of a cooling tower system for the purpose of synchronising periods of registration. 51 Risk management plans for cooling tower system For the purposes of section 91 of the Act, risk management plans must address the risks associated with— (a) stagnant water, including the lack of water recirculation in a cooling tower system and the presence of dead-end pipework and other fittings in a cooling tower system; and r. 49 -- 37 of 88 -- Part 7—Cooling Tower Systems and Legionella Risks in Certain Premises Public Health and Wellbeing Regulations 2009 S.R. No. 178/2009 33 (b) nutrient growth, including— (i) the presence of biofilm, algae and protozoa in a cooling tower system; and (ii) water temperature within a range that will support rapid growth of micro- organisms in a cooling tower system; and (iii) the exposure of the water of a cooling tower system to direct sunlight; and (c) poor water quality, including the presence of solids, Legionella and high levels of micro- organisms in a cooling tower system; and (d) deficiencies in a cooling tower system, including deficiencies in the physical design, condition and maintenance of the system; and (e) the location of, and access to, a cooling tower or cooling tower system, including the potential for environmental contamination of the system and the potential for exposure of people to the aerosols of the system; and (f) any matters included in a report delivered to the owner of the land for the purposes of section 92(2)(c) of the Act. 52 Cooling tower system risk management plan audits The documents prescribed for the purposes of section 93(4) of the Act are— (a) the risk management plan prepared in accordance with Division 1 of Part 7 of the Act; and r. 52 -- 38 of 88 -- Part 7—Cooling Tower Systems and Legionella Risks in Certain Premises Public Health and Wellbeing Regulations 2009 S.R. No. 178/2009 34 (b) the documents that contain the details of all repair, maintenance and testing work carried out on the cooling tower system within the period to be audited by the auditor. 53 Maintenance of cooling tower systems The responsible person must ensure that any cooling tower system that the responsible person owns, manages or controls is maintained and tested in the manner set out in this Part, unless the system is shut down, or is otherwise not in use. Penalty: 20 penalty units. 54 Cooling tower water quality and treatment The responsible person must ensure that the water of the cooling tower system is continuously treated with— (a) one or more biocides to effectively control the growth of micro-organisms, including Legionella; and (b) chemicals or other agents to minimise scale formation, corrosion and fouling; and (c) a bio-dispersant. Penalty: 20 penalty units. 55 Disinfection, cleaning and re-disinfection of cooling tower water The responsible person must ensure that— (a) a chlorine-compatible bio-dispersant is added to the recirculating water of the cooling tower system; and r. 53 -- 39 of 88 -- Part 7—Cooling Tower Systems and Legionella Risks in Certain Premises Public Health and Wellbeing Regulations 2009 S.R. No. 178/2009 35 (b) the system is then disinfected, cleaned and re-disinfected— (i) immediately prior to initial start up following commissioning, or any shut down period of greater than one month; and (ii) at intervals not exceeding 6 months. Penalty: 20 penalty units. 56 Routine service and testing of cooling towers (1) The responsible person must ensure that the cooling tower system is serviced at least once each month to check that the system is operating without defects. Penalty: 20 penalty units. (2) The responsible person must ensure that at least once each month a sample of the recirculating water of the cooling tower system is taken and is delivered to a laboratory for testing and reporting on for heterotrophic colony count. Penalty: 20 penalty units. (3) The responsible person must ensure that at least once every three months a sample of the recirculating water of the cooling tower system is taken and delivered to a laboratory for testing and reporting for Legionella. Penalty: 20 penalty units. 57 High heterotrophic colony count detected in cooling tower system (1) Within 24 hours of receiving a report from a laboratory that any sample of water taken from the cooling tower system has a heterotrophic colony count exceeding 200 000 colony forming units per millilitre, the responsible person must ensure that the following procedure is implemented— r. 56 -- 40 of 88 -- Part 7—Cooling Tower Systems and Legionella Risks in Certain Premises Public Health and Wellbeing Regulations 2009 S.R. No. 178/2009 36 (a) the water of the system must be manually treated with additional quantities of biocide or with an alternative biocide; and (b) the water treatment program, tower operation and maintenance program of the system must be reviewed; and (c) any faults must be corrected; and (d) any changes necessary to prevent a re-occurrence of those faults must be implemented. (2) Between 2 and 7 days after the water has been treated under subregulation (1), the responsible person must ensure that a further sample of the recirculating water of the system is taken and is delivered to a laboratory for testing and reporting on for heterotrophic colony count. Penalty: 20 penalty units. (3) Within 24 hours of receiving a report from a laboratory that a sample taken in accordance with subregulation (2) has a heterotrophic colony count exceeding 200 000 colony forming units per millilitre, the responsible person must ensure that the water of the cooling tower system is disinfected. Penalty: 20 penalty units. (4) Between 2 and 7 days after the water has been disinfected under subregulation (3), the responsible person must ensure that a further sample of the recirculating water of the cooling tower system is taken and is delivered to a laboratory for testing and reporting on for heterotrophic colony count. Penalty: 20 penalty units. r. 57 -- 41 of 88 -- Part 7—Cooling Tower Systems and Legionella Risks in Certain Premises Public Health and Wellbeing Regulations 2009 S.R. No. 178/2009 37 (5) If, after following the procedure in subregulations (1), (2), (3) and (4), the heterotrophic colony count still exceeds 200 000 colony forming units per millilitre, the responsible person must— (a) ensure that the steps in subregulations (3) and (4) are repeated until the heterotrophic colony count does not exceed 200 000 colony forming units per millilitre in 2 consecutive water samples taken approximately one week apart; or (b) close the cooling tower system until the problem has been remedied. Penalty: 20 penalty units. (6) The responsible person is not required to comply with subregulations (1) to (5) if— (a) during the period between the sample being taken for the purpose of regulation 56(2) and the receipt of a report from a laboratory indicating that the cooling tower system has a heterotrophic colony count exceeding 200 000 colony forming units per millilitre, the system was manually treated with additional quantities of biocide or an alternative biocide; and (b) within 72 hours of receiving the report that any sample of water taken from the cooling tower system has a heterotrophic colony count exceeding 200 000 colony forming units per millilitre, the responsible person— (i) reviews the water treatment program, tower, operation and maintenance program; and (ii) corrects any faults and makes changes necessary to prevent a re-occurrence of those faults; and r. 57 -- 42 of 88 -- Part 7—Cooling Tower Systems and Legionella Risks in Certain Premises Public Health and Wellbeing Regulations 2009 S.R. No. 178/2009 38 (c) within 7 days of receiving the report in subregulation (6)(b), the responsible person ensures that a further sample of the recirculating water of the system is taken and is delivered to a laboratory for testing and reporting on for heterotrophic colony count; Penalty: 20 penalty units. (d) within 24 hours of receiving a report that a sample taken in accordance with subregulation (6)(c) has a heterotrophic colony count exceeding 200 000 colony forming units per millilitre, the responsible person— (i) ensures the water in the cooling tower system is disinfected; and (ii) between 2 and 7 days after the water has been disinfected in accordance with paragraph (i), ensures that a further sample of the recirculating water of the system is taken and is delivered to a laboratory for testing and reporting on for heterotrophic colony count; Penalty: 20 penalty units. (e) after following the procedure in subregulation (6)(d) the heterotrophic colony count continues to exceed 200 000 colony forming units per millilitre, the responsible person— (i) ensures the steps in subregulation (6)(d) are repeated until the heterotrophic colony count does not exceed 200 000 colony forming units per millilitre in 2 consecutive water samples taken approximately one week apart; or r. 57 -- 43 of 88 -- Part 7—Cooling Tower Systems and Legionella Risks in Certain Premises Public Health and Wellbeing Regulations 2009 S.R. No. 178/2009 39 (ii) closes the cooling tower system until the problem has been remedied. Penalty: 20 penalty units. 58 Legionella detected in cooling tower system (1) Within 24 hours of receiving a report that Legionella has been detected in a water sample taken from a cooling tower system, the responsible person must ensure that the following procedure is implemented— (a) the cooling tower system must be disinfected; and (b) the water treatment program, tower operation and maintenance program of the system must be reviewed; and (c) any faults must be corrected and any changes necessary to prevent a re-occurrence of those faults must be implemented. Penalty: 20 penalty units. (2) Between 2 and 7 days after the disinfection required by subregulation (1)(a) has been completed, the responsible person must ensure that a further sample of the recirculating water of the system is taken and is delivered to a laboratory for testing and reporting on for Legionella. Penalty: 20 penalty units. (3) Within 24 hours of receiving a report that Legionella has been detected in a sample taken in accordance with subregulation (2), the responsible person must ensure that the water of the cooling tower system is disinfected, cleaned and re-disinfected. Penalty: 20 penalty units. r. 58 -- 44 of 88 -- Part 7—Cooling Tower Systems and Legionella Risks in Certain Premises Public Health and Wellbeing Regulations 2009 S.R. No. 178/2009 40 (4) Between 2 and 7 days after the disinfection required by subregulation (3) has been completed, the responsible person must ensure that a further sample of the recirculating water of the system is taken and is delivered to a laboratory for testing and reporting on for Legionella. Penalty: 20 penalty units. (5) If, after following the procedure in subregulations (1), (2), (3) and (4) Legionella is still detected, the responsible person must— (a) ensure that the steps in subregulations (3) and (4) are repeated until Legionella is not detected in 2 consecutive water samples taken approximately one week apart; or (b) close the cooling tower system until the problem has been remedied. Penalty: 20 penalty units. (6) If, while following the procedure in this regulation Legionella is detected in 3 consecutive water samples taken from the same system, the responsible person must notify the Secretary of the detection of the presence of that organism— (a) immediately by telephone; and (b) by notice in writing within 3 days. Penalty: 20 penalty units. 59 Cooling tower system suspected or implicated as the source of infection If the Secretary has informed the responsible person that a cooling tower system is suspected or implicated as the source of infection in a case or an outbreak of Legionellosis, the responsible person must ensure that— r. 59 -- 45 of 88 -- Part 7—Cooling Tower Systems and Legionella Risks in Certain Premises Public Health and Wellbeing Regulations 2009 S.R. No. 178/2009 41 (a) a water sample from the cooling tower system is promptly taken and delivered to a laboratory for testing and reporting on for Legionella; and (b) the cooling tower system is decontaminated in accordance with any reasonable directions given to the responsible person by the Secretary. Penalty: 20 penalty units. 60 Records to be kept in respect of cooling tower systems (1) The responsible person must keep records in respect of each cooling tower system that is owned, managed or controlled by the responsible person that records details of— (a) all maintenance and corrective activities undertaken in relation to the system during the preceding 12 months; and (b) all microbiological test results of samples taken from the system during the preceding 12 months. Penalty: 20 penalty units. (2) The responsible person must produce the records referred to in subregulation (1) for inspection on the request of an authorised officer. Penalty: 20 penalty units. Division 2—Legionella risks in certain premises 61 Application of this Division This Division applies to premises supplying aged care, health services, health service establishments, registered funded agencies, correctional services and commercial vehicle washes. r. 60 -- 46 of 88 -- Part 7—Cooling Tower Systems and Legionella Risks in Certain Premises Public Health and Wellbeing Regulations 2009 S.R. No. 178/2009 42 62 Legionella risk management in certain places The responsible person must take reasonable steps to manage the risks of Legionella in any water delivery system located at premises specified in regulation 61. Penalty: 20 penalty units. 63 Legionella detected in a water delivery system Within 24 hours of receiving a report that Legionella has been detected in a water sample taken from a water delivery system located at any premises specified in regulation 61, the responsible person must ensure the water delivery system is disinfected. Penalty: 20 penalty units. 64 Water delivery system suspected or implicated as the source of infection If the Secretary has informed the responsible person that the water delivery system is suspected or implicated as the source of infection in a case or an outbreak of Legionellosis, the responsible person must ensure that— (a) a water sample from the water delivery system is promptly taken and delivered to a laboratory for testing and reporting on for Legionella; and (b) the water delivery system is disinfected in accordance with any reasonable directions given to the responsible person by the Secretary. Penalty: 20 penalty units. __________________ r. 62 -- 47 of 88 -- Part 8—Pest Control Public Health and Wellbeing Regulations 2009 S.R. No. 178/2009 43 PART 8—PEST CONTROL 65 Pest control licence fees (1) Unless subregulation (3) applies, the licence fee for licences issued under section 101(2) of the Act is 45·2 fee units. (2) Unless subregulation (3) applies, the licence fee for licences issued under section 101(3) of the Act is 15 fee units. (3) The licence fee for a licence issued under section 101(2) of the Act to a person who— (a) usually resides in another State or Territory of the Commonwealth; and (b) holds a valid licence as an authorised user of pesticides in that State or Territory; and (c) has applied for a licence to use pesticides in Victoria that are the same or similar in all respects to the pesticides that are authorised for use under the licence— is 4·9 fee units. 66 Qualifications for pest control licences For the purposes of section 101(2)(b) of the Act, the prescribed qualifications are set out in the Table in Schedule 2. 67 Qualifications for certain existing pest control licence holders Despite regulation 66, an applicant for a licence who— (a) on 26 October 2002 held a licence under section 108C(1) of the Health Act 1958 that authorised the use of all the pesticides or the classes of pesticides that are to be authorised r. 65 -- 48 of 88 -- Part 8—Pest Control Public Health and Wellbeing Regulations 2009 S.R. No. 178/2009 44 for use under the licence being applied for; and (b) at the time of the application had been employed in the pest control industry for at least a total period of 2 years in the 5 year period before the application— is qualified to be granted that licence. 68 Courses of training for supervised pest control licence holders For the purposes of section 101(3)(b) of the Act, the prescribed courses of training and units of competency are set out in the table in Schedule 3. 69 Records (1) For the purposes of section 108 of the Act, the prescribed details are— (a) the trade name of the pesticide; (b) the batch number of the pesticide; (c) specific precautions to be observed, including the re-entry period; (d) the date of the pesticide application; (e) the start and finish times of the pesticide application; (f) the location of the pesticide application (including street address, if applicable); (g) a description of the treated areas; (h) the pests treated; (i) a description of the amount of pesticide applied; (j) the name and licence number of the person applying the pesticide and, if applicable, the name and licence number of the person supervising the application; r. 68 -- 49 of 88 -- Part 8—Pest Control Public Health and Wellbeing Regulations 2009 S.R. No. 178/2009 45 (k) the name and address of the person for whom the work was carried out; (l) if applied outdoors, the ambient temperature, wind direction and speed at the time of application; (m) the method of application; Example Spray or bait. (n) the trading name, address and phone number of the business employing, engaging or owned by the person applying the pesticide; (o) the signature of the person completing the record. (2) For the purpose of section 108 of the Act, the prescribed period is 3 years. __________________ r. 69 -- 50 of 88 -- Part 9—Management and Control of Infectious Diseases, Micro-Organisms and Medical Conditions Public Health and Wellbeing Regulations 2009 S.R. No. 178/2009 46 PART 9—MANAGEMENT AND CONTROL OF INFECTIOUS DISEASES, MICRO-ORGANISMS AND MEDICAL CONDITIONS Division 1—Notifications 70 Notifiable conditions and micro-organisms (1) For the purposes of the definition of notifiable condition in section 3(1) of the Act, the infectious diseases and medical conditions listed in Schedule 4 are prescribed as notifiable conditions. (2) For the purposes of the definition of notifiable micro-organism in section 3(1) of the Act, the micro-organisms listed in Schedule 5 are prescribed as notifiable micro-organisms. 71 Notification of notifiable conditions by medical practitioners For the purposes of section 127(2)(a) of the Act, the prescribed notification details and prescribed times are specified in Schedule 6 in respect of each group of notifiable conditions. 72 Notification of notifiable conditions by pathology services (1) For the purposes of section 128(2)(a) of the Act, if the condition is listed in Group A in Schedule 4, the person in charge of the pathology service must notify the Secretary of the notification details prescribed by subregulation (3) immediately by telephone. (2) For the purposes of section 128(2)(a) of the Act, the person in charge of the pathology service must notify the Secretary in writing of the notification details prescribed by subregulation (3) within 5 days of obtaining the result of the test indicating r. 70 -- 51 of 88 -- Part 9—Management and Control of Infectious Diseases, Micro-Organisms and Medical Conditions Public Health and Wellbeing Regulations 2009 S.R. No. 178/2009 47 that the person has or may have any notifiable condition. (3) The prescribed notification details are— (a) if the notifiable condition is in Group A or Group B of Schedule 4, the family name and given name of the person from whom the sample was taken; (b) if the notifiable condition is in Group C or Group D of Schedule 4, the patient code, being the first two letters of the family name and the first two letters of the given name; (c) the sex of the person; (d) the date of birth of the person; (e) if the notifiable condition is in Group A or Group B of Schedule 4, the address of that person; (f) if the notifiable condition is in Group C or Group D of Schedule 4, the residential post code number of that person; (g) the laboratory finding; (h) the date the sample was taken; (i) the name, address and telephone number of the medical practitioner who requested the test; (j) if the notifiable condition is Blood lead greater than 10μg/dL, whether or not the test was requested as part of routine biological monitoring as prescribed by sections 4.4.20, 4.4.21 or 4.4.22 of the Occupational Health and Safety Regulations 2007, if known. r. 72 -- 52 of 88 -- Part 9—Management and Control of Infectious Diseases, Micro-Organisms and Medical Conditions Public Health and Wellbeing Regulations 2009 S.R. No. 178/2009 48 73 Notification of micro-organisms—laboratories and food premises For the purposes of sections 130(2) and 130(5) of the Act, the prescribed manner of notification and the prescribed notification details are specified in Schedule 5. Division 2—Notification and directions 74 Secretary may notify Council The Secretary may notify a Council of a municipal district that may be affected by a notifiable condition referred to in a notice received by the Secretary under Division 3 of Part 8 of the Act. 75 Secretary may give written directions (1) The Secretary may give a written direction to an authorised officer appointed by a Council if in the opinion of the Secretary it is reasonably necessary to do so for the purpose of investigating any notifiable condition notified under Division 3 of Part 8 of the Act or limiting the spread of any case of infectious disease notified under Division 3 of Part 8 of the Act. (2) An authorised officer appointed by a Council to whom a written direction is given must comply with the direction within the time specified in the direction. 76 Powers of authorised officer (1) An authorised officer appointed by a Council may give written directions to any person if in the opinion of the authorised officer it is reasonably necessary to do so for the purpose of implementing directions given by the Secretary under regulation 75. r. 73 -- 53 of 88 -- Part 9—Management and Control of Infectious Diseases, Micro-Organisms and Medical Conditions Public Health and Wellbeing Regulations 2009 S.R. No. 178/2009 49 (2) A person to whom a written direction is given must comply with the direction within the time specified in the direction. Penalty: 20 penalty units. Division 3—HIV tests 77 Information to be given to a person requesting a test for HIV For the purposes of section 131(1) of the Act, before authorising a test for HIV, the registered medical practitioner requesting the test must be satisfied that the person has been given information about the medical and psychosocial consequences of the test and the meaning of possible results of the test. 78 Positive test results For the purposes of section 132 of the Act— (a) the prescribed classes of persons are— (i) persons who, after 1 January 2010, successfully complete or demonstrate proficiency in the units of competency approved by the Secretary and published in the Government Gazette for the purpose of this regulation; (ii) persons who, before 1 January 2010, successfully completed a course approved by the Secretary or were recognised as having demonstrated proficiency in pre-test and post-test counselling in relation to the Human Immunodeficiency Virus Antibody test; r. 77 -- 54 of 88 -- Part 9—Management and Control of Infectious Diseases, Micro-Organisms and Medical Conditions Public Health and Wellbeing Regulations 2009 S.R. No. 178/2009 50 (b) the prescribed information is— (i) information about the medical and psychosocial consequences of the test results; and (ii) ways to prevent the transmission of the virus to others; (c) the prescribed information must be provided— (i) by a registered medical practitioner or a person fulfilling the requirements of paragraph (a); and (ii) in the presence of the person upon whom the test was conducted. 79 Classes of persons who may provide counselling about the risk of transmission For the purposes of section 134(1)(b) of the Act, the prescribed classes of persons are— (a) registered medical practitioners; (b) persons who, after 1 January 2010, successfully complete or demonstrate proficiency in the units of competency approved by the Secretary and published in the Government Gazette for the purpose of this regulation; (c) persons who, before 1 January 2010, successfully completed a course approved by the Secretary or were recognised as having demonstrated proficiency in pre-test and post-test counselling in relation to the Human Immunodeficiency Virus Antibody test. r. 79 -- 55 of 88 -- Part 9—Management and Control of Infectious Diseases, Micro-Organisms and Medical Conditions Public Health and Wellbeing Regulations 2009 S.R. No. 178/2009 51 Division 4—Immunisation 80 Definition of immunised For the purposes of sections 3 and 238(1)(a) of the Act, immunised in relation to a vaccine- preventable disease, means the child has been vaccinated for that vaccine-preventable disease. 81 Vaccine-preventable diseases For the purposes of Division 7 of Part 8 of the Act, the following vaccine-preventable diseases are prescribed— (a) Diphtheria; (b) Tetanus; (c) Pertussis (Whooping Cough); (d) Poliomyelitis; (e) Haemophilus influenzae type b; (f) Hepatitis B; (g) Pneumococcal; (h) Rotavirus; (i) Measles; (j) Mumps; (k) Rubella; (l) Meningococcal C; (m) Varicella. 82 Retention of immunisation status certificates at primary schools The person in charge of a primary school must keep a record of the information in each immunisation status certificate given for the period that the child in respect of whom the certificate was issued attended the school. r. 80 -- 56 of 88 -- Part 9—Management and Control of Infectious Diseases, Micro-Organisms and Medical Conditions Public Health and Wellbeing Regulations 2009 S.R. No. 178/2009 52 83 Access to immunisation status certificates A person in charge of a primary school must allow authorised officers to access immunisation status certificates at any reasonable time. 84 Provision of information (1) The parent or guardian of a child attending a primary school or children's services centre must inform the person in charge of the school or centre as soon as practicable if— (a) the child is infected with a condition that is specified as excludable in column 2 of the Table in Schedule 7; or (b) the child has been in contact with a person infected with a condition for which the exclusion of contacts is specified in column 3 of the Table in Schedule 7. (2) If the person in charge of a primary school or children's services centre believes, on reasonable grounds, that a child enrolled at the primary school or children's services centre is suffering from— (a) Pertussis; or (b) Poliomyelitis; or (c) Measles; or (d) Mumps; or (e) Rubella; or (f) Meningoccal C— he or she must, within 24 hours of reaching that belief, inform the parent or guardian of the child and the Secretary. Penalty: 1 penalty unit. r. 83 -- 57 of 88 -- Part 9—Management and Control of Infectious Diseases, Micro-Organisms and Medical Conditions Public Health and Wellbeing Regulations 2009 S.R. No. 178/2009 53 85 Primary school or children's services centre exclusion (1) A person in charge of a primary school or children's services centre must not allow a child to attend the primary school or children's services centre for the period or in the circumstances— (a) specified in column 2 of the Table in Schedule 7 if the person in charge has been informed that the child is infected with an infectious disease listed in column 1 of the Table in Schedule 7; or (b) specified in column 3 of the Table in Schedule 7 if the person in charge has been informed that the child has been in contact with a person who is infected with an infectious disease listed in column 1 of the Table in Schedule 7. Penalty: 20 penalty units. (2) The person in charge of a primary school or children's services centre, when directed to do so by the Secretary, must ensure that a child enrolled at the primary school or children's services centre who is not immunised against a vaccine preventable disease specified by the Secretary in that direction, does not attend the school or centre until the Secretary directs that such attendance can be resumed. Penalty: 20 penalty units. Division 5—Tissue donations 86 Prescribed period (1) For the purposes of section 152(3) of the Act and Table 2 Item 1(c)(ii) of the Schedule to the Act, the prescribed period is 6 months. r. 85 -- 58 of 88 -- Part 9—Management and Control of Infectious Diseases, Micro-Organisms and Medical Conditions Public Health and Wellbeing Regulations 2009 S.R. No. 178/2009 54 (2) For the purposes of section 152(3) of the Act and Table 2 Item 1(c)(iv) of the Schedule to the Act, the prescribed quarantine period is 6 months. Division 6—Information to sex workers and clients 87 Information to sex workers and clients For the purposes of section 162(4) of the Act, an escort agency proprietor must forward relevant information about the transmission of sexually transmitted infections if requested to do so by a sex worker or client. __________________ r. 87 -- 59 of 88 -- Part 10—Infringements Public Health and Wellbeing Regulations 2009 S.R. No. 178/2009 55 PART 10—INFRINGEMENTS 88 Infringements (1) For the purpose of section 209(5) of the Act, the offences set out in column 2 of the Table in Schedule 8 are prescribed offences for which infringement notices may be served. (2) For the purposes of section 209(4) of the Act, the penalty prescribed in respect of each offence is the amount specified in column 4 of the Table in Schedule 8 opposite the prescribed offence set out in Column 2 of that Table. (3) A description of an offence set out in Column 3 of the Table in Schedule 8 opposite an infringement offence set out in Column 2 of that Table is provided for convenience of reference only and is not to be taken to affect the nature or elements of the offence to which the description refers or the operation of these Regulations. __________________ r. 88 -- 60 of 88 -- Public Health and Wellbeing Regulations 2009 S.R. No. 178/2009 56 SCHEDULES SCHEDULE 1 PRESCRIBED CONSULTATIVE COUNCILS Consultative Council on Anaesthetic Mortality and Morbidity Victorian Quality Assurance Committee Victorian Surgical Consultative Council __________________ Sch. 1 -- 61 of 88 -- Public Health and Wellbeing Regulations 2009 S.R. No. 178/2009 57 SCHEDULE 2 APPROVED COURSES AND QUALIFICATIONS A licence that only authorises the use of— Qualification Pesticides (except fumigants) that have been formulated for the control of any pest, to control any pest except a pest animal. Completion of at least one of— Victoria Certificate in Pest Control (conducted by Commercial Pest Training Services and TAFE Colleges in Victoria). Statement of Attainment in Units 5, 6 and 18 of Certificate II in Asset Maintenance (Pest Management—Technical) issued by a registered education and training organisation. Statement of Attainment in Units 5, 6 and 18 of Certificate III in Asset Maintenance (Pest Management—Technical) issued by a registered education and training organisation. Certificate for recognition of current competencies or prior learning in pest control issued by a registered education and training organisation. Pest Control Correspondence Course (conducted by Australian Environmental Pest Managers Association). South Australia South Australia Pest Control Certificate Course (conducted by Gilles Plains College of TAFE). New South Wales New South Wales Urban Pest Control Course (conducted by New South Wales Department of TAFE at Sydney, Ryde and Werrington Colleges). New South Wales Urban Pest Control Correspondence Course (conducted by New South Wales Department of TAFE, Open Training and Education Network). Sch. 2 -- 62 of 88 -- Public Health and Wellbeing Regulations 2009 S.R. No. 178/2009 58 A licence that only authorises the use of— Qualification Western Australia Western Australia Pesticide Safety, Pest Control Principles, and Pest Control Domestic and Commercial Courses (conducted by Bentley College of TAFE and Western Australia Department of TAFE Division of External Studies). Northern Territory Northern Territory Pest Control Operators Course (conducted by Northern Territory Institute of TAFE External Studies Centre) plus final unit of Victorian Certificate Course in Pest Control. Queensland Queensland Pest Control Course (conducted by Queensland Distance Education Centre) plus final unit of Victorian Certificate Course in Pest Control. Urban Pest Control Course (conducted by Ithaca College of TAFE, Grovely Campus). Pesticides— (i) that have been formulated for the control of any pest animal; and (ii) to protect an area or place in a building used for commercial purposes or domestic premises or privately owned land adjacent to domestic premises. Completion of at least one of— Victoria Pest Animal Management Course (conducted by Victorian College of Agriculture and Horticulture and Victorian Colleges of TAFE). Statement of Attainment in the Pest Animal Management Unit of the Diploma of Applied Science (Natural Resource Management) issued by a registered education and training organisation. Statement of Attainment in Units RTD2101A, RTD2126A, RTD4403A and RTE3406A of Certificate III in Conservation and Land Management issued by a registered education and training organisation. Sch. 2 -- 63 of 88 -- Public Health and Wellbeing Regulations 2009 S.R. No. 178/2009 59 A licence that only authorises the use of— Qualification Certificate for recognition of current competencies or prior learning in pest animal control issued by a registered education and training organisation. Pesticides that are in the form of fumigants. Completion of at least one of— Victoria Methyl Bromide Fumigation Course (conducted by Victorian College of Agriculture and Horticulture and University of Melbourne). Statement of Attainment in Unit 6 of Certificate II and Unit 11 of Certificate III in Asset Maintenance (Pest Management— Technical) issued by a registered education and training organisation. Statement of Attainment in Unit 11 of Certificate III in Asset Maintenance (Pest Management—Technical) issued by a registered education and training organisation on or after 1 January 2005. Certificate for recognition of current competencies or prior learning in the use of fumigants in pest control issued by a registered education and training organisation. Phosphine Fumigation Course conducted by The Grain Elevators Board, VicGrain or GrainCorp. New South Wales New South Wales Fumigation Course (conducted by New South Wales WorkCover Authority). South Australia South Australia Fumigation Course (conducted by Gilles Plains College of TAFE). __________________ Sch. 2 -- 64 of 88 -- Public Health and Wellbeing Regulations 2009 S.R. No. 178/2009 60 SCHEDULE 3 COURSES OF TRAINING AND UNITS OF COMPETENCY A licence that only authorises the use of— Course of training Units of competency Pesticides (except fumigants) that have been formulated for the control of any pest, to control any pest except a pest animal. Certificate III in Asset Maintenance (Pest Management— Technical) Units 5, 6 and 18 of Certificate III in Asset Maintenance (Pest Management–– Technical) Pesticides— (i) that have been formulated for the control of any pest animal; and (ii) to protect an area or place in a building used for commercial purposes or domestic premises or privately owned land adjacent to domestic premises. Certificate III in Conservation and Land Management; or Pest Animal Management Course Units RTD2101A, RTD2126A, RTD4403A and RTE3406A of Certificate III in Conservation and Land Management; or Units of competency related to pest animal management course Pesticides that are in the form of fumigants. Certificate III in Asset Maintenance (Pest Management— Technical) Unit 11 of Certificate III in Asset Maintenance (Pest Management–– Technical) __________________ Sch. 3 -- 65 of 88 -- Public Health and Wellbeing Regulations 2009 S.R. No. 178/2009 61 SCHEDULE 4 NOTIFIABLE CONDITIONS Group A Anthrax Botulism Cholera Chikungunya virus infection Diphtheria Food-borne and water-borne illness (two or more related cases) Haemolytic Uraemic Syndrome (HUS) Japanese encephalitis Legionellosis Measles Murray Valley encephalitis virus infection Haemophilus influenzae, type B (meningitis, epiglottitis, other invasive infections) Hepatitis A Meningococcal infection (invasive) Paratyphoid Poliomyelitis Plague Rabies Severe Acute Respiratory Syndrome (SARS) Smallpox Tularaemia Typhoid Viral haemorrhagic fevers Yellow fever Group B Barmah Forest virus infection Arbovirus infections—other arbovirus infections Blood lead greater than 10μg/dL Brucellosis Campylobacter infection Sch. 4 -- 66 of 88 -- Public Health and Wellbeing Regulations 2009 S.R. No. 178/2009 62 Group B (continued) Creutzfeldt-Jakob disease (CJD) Cryptosporidiosis Dengue virus infection Hepatitis B (newly acquired) Hepatitis B (unspecified) Hepatitis C (newly acquired) Hepatitis C (unspecified) Hepatitis D Hepatitis E Hepatitis viral (not further specified) Herpes zoster Influenza (laboratory confirmed) Kunjin virus infection Leprosy Leptospirosis Listeriosis Lyssavirus—Australian Bat lyssavirus Lyssavirus—other (specify) Malaria Mumps Mycobacterium ulcerans Pneumococcal infection (invasive) Psittacosis (ornithosis) Pertussis Q Fever Ross River virus infection Rubella Congenital Rubella Salmonellosis Shiga toxin and Verotoxin producing Escherichia coli (STEC/VTEC) Shigellosis Tetanus Tuberculosis variant Creutzfeldt-Jakob disease (vCJD) Varicella Sch. 4 -- 67 of 88 -- Public Health and Wellbeing Regulations 2009 S.R. No. 178/2009 63 Group C Chlamydia trachomatis infection Donovanosis Gonococcal infection Syphilis (less than 2 years duration) Syphilis (2 years or more duration or unspecified) Congenital syphilis Group D Acquired Immunodeficiency Syndrome (AIDS) Human Immunodeficiency Virus (HIV) Infection __________________ Sch. 4 -- 68 of 88 -- Public Health and Wellbeing Regulations 2009 S.R. No. 178/2009 64 SCHEDULE 5 MICRO-ORGANISMS—ISOLATED OR DETECTED IN FOOD OR DRINKING WATER SUPPLIES Micro-organisms Campylobacter spp Cryptosporidium spp Cyclospora spp Giardia cysts Hepatitis A Listeria monocytogenes Norovirus Salmonella spp Verotoxin producing Escherichia coli (VTEC) Vibrio spp Timing of notice Immediate notification by telephone followed by notice in writing within 5 days. Manner of notice The notice must specify— Micro-organism isolated or detected: Date of isolation or detection: Source: food or water: Type: batch identification (if appropriate): Name and contact number of notifying laboratory: __________________ Sch. 5 -- 69 of 88 -- Public Health and Wellbeing Regulations 2009 S.R. No. 178/2009 65 SCHEDULE 6 NOTIFICATION BY MEDICAL PRACTITIONERS FORM 1 FOR GROUP A AND GROUP B NOTIFIABLE CONDITIONS— STRICTLY CONFIDENTIAL 1. Diagnosis 2. Identification Family Name: Given Name: Date of birth: Sex: Indigenous status: Country of birth: If born overseas, year of arrival in Australia: Alive/deceased: 3. Other characteristics Residential Address: Residential Postcode: Occupation: School or childcare attended: Clinical Comments: Date of Onset of Illness: Risk factors: Suspected mode of transmission: Sch. 6 -- 70 of 88 -- Public Health and Wellbeing Regulations 2009 S.R. No. 178/2009 66 4. Notifying Doctor Name: Address: Phone Number: Signature: Date of report: 5. Timing of notice Group A Immediate notification by telephone of an initial diagnosis—whether presumptive or confirmed. Followed by written notification with details of the data elements listed above, within 5 days of the initial diagnosis. Group B Written notification with details of the data elements listed above, within 5 days of the initial diagnosis. __________________ Sch. 6 -- 71 of 88 -- Public Health and Wellbeing Regulations 2009 S.R. No. 178/2009 67 FORM 2 FOR GROUP C NOTIFIABLE CONDITIONS—STRICTLY CONFIDENTIAL 1. Diagnosis 2. Identification Name Code (First two letters of family name, First two letters of given name): Date of birth: Sex: Indigenous status: Country of birth: If born overseas, year of arrival in Australia: Alive/deceased: 3. Other characteristics Residential Postcode: Clinical Comments: Risk factors: Suspected mode of transmission: Date of Onset of Illness: 4. Notifying Doctor Name: Address: Phone Number: Signature: Date of report: 5. Timing of notice Written notification with details of the data elements listed above, within 5 days of the initial diagnosis. __________________ Sch. 6 -- 72 of 88 -- Public Health and Wellbeing Regulations 2009 S.R. No. 178/2009 68 FORM 3 FOR GROUP D NOTIFICATION FOR HIV—STRICTLY CONFIDENTIAL 1. Identification Name Code (First two letters of family name, First two letters of given name): Date of birth: Sex: 2. Other characteristics Country of birth: Indigenous status: If born overseas, year of arrival in Australia: Language other than English spoken at home: Residential postcode: Date of onset of illness: 3. Notifying doctor Name: Address: Hospital name (if appropriate): Phone number: Signature: Date of notification: 4. Reason for testing Exposure risk (see section 6): Investigation of clinical symptoms: Screening— Blood, organ or semen donor: Immigration: Antenatal: Sch. 6 -- 73 of 88 -- Public Health and Wellbeing Regulations 2009 S.R. No. 178/2009 69 Confirmation of HIV positive status: Other: 5. Diagnosis Date of first diagnosis of HIV infection: State/Territory of first diagnosis of HIV infection: CD4+ count or viral load at first diagnosis of HIV infection or both: History of HIV seroconversion illness: Date of HIV seroconversion illness: Has the person had a previous HIV test: Date of last test: Result of last HIV test: Source of information on last test, patient, doctor or laboratory: 6. Exposure category Note: More than one exposure category may be notified. Sexual exposure Note: At least one of the following must be notified. Sexual contact only with person of same sex: Sexual contact with both sexes (if female see section 6a): Sexual contact only with person of opposite sex (see section 6a): Sexual contact with a person from another country (write country): No sexual contact: Sexual exposure not known: Vertical exposure Mother with/at risk of HIV infection: Blood exposure Injecting drug use (detail): Recipient of blood, blood products or tissue (detail): Haemophilia/coagulation disorder (detail): Sch. 6 -- 74 of 88 -- Public Health and Wellbeing Regulations 2009 S.R. No. 178/2009 70 6a. Sexual contact Note: At least one of the following must be answered if MALE reports sexual contact with person of opposite sex or if FEMALE reports sexual contact with either same or OPPOSITE sex. Sex with bisexual male (women only): Sex with injecting drug user: Sex with person from another country (write country): Sex with a person who received blood, blood products or tissue: Sex with a person with haemophilia/ coagulation disorder: Sex with person with HIV infection whose exposure is other than those above (specify): Heterosexual contact not further specified: 7. Donation of blood or other bodily fluid or tissue prior to HIV diagnosis Note: If this item is applicable, specify type of donation, date and place of donation. 8. Timing of Notice Written notification with details of the data elements listed in items 1 to 7, within 5 days of the initial diagnosis. __________________ Sch. 6 -- 75 of 88 -- Public Health and Wellbeing Regulations 2009 S.R. No. 178/2009 71 FORM 4 FOR GROUP D NOTIFICATION FOR AIDS—STRICTLY CONFIDENTIAL 1. Identification Name Code (First two letters of family name, First two letters of given name): Date of birth: Sex: 2. Other characteristics Country of birth: Indigenous status: Residential postcode: If born overseas, year of arrival into Australia: Language other than English spoken at home: Current state of person— If person is alive, date of most recent contact: If person has died, date of death: 3. Notifying doctor Name: Address: Hospital name (if appropriate): Phone number: Signature: Date of notification: Sch. 6 -- 76 of 88 -- Public Health and Wellbeing Regulations 2009 S.R. No. 178/2009 72 4. Diagnosis Date of AIDS diagnosis: Has the person previously been diagnosed with AIDS elsewhere? Yes/No/Unknown If yes and diagnosis was in another State/Territory, specify State/Territory and date: If yes and diagnosis was overseas, specify country and date: 5. Laboratory tests Date of first diagnosis of HIV infection: CD4+ count or viral load at AIDS diagnosis or both: Date of specimen collection for CD4+ count analysis: Note: The CD4+ count and viral load results need to be forwarded as part of your notification when the count and results are available. 6. Anti-retroviral therapy Has the person been treated with anti-retroviral therapy? If yes, specify month/year when started: 7. Diseases indicative of AIDS at diagnosis Note: At least one of the following must be notified. State whether definite or presumptive. Pneumocystis carinii pneumonia: Oesophageal candidiasis: Kaposi's sarcoma (specify site): Herpes simplex virus of >1 month duration (specify site): Cryptococcosis (specify site): Cryptosporidiosis (diarrhoea >1 month): Toxoplasmosis (specify site): Cytomegalovirus (specify site): Atypical Mycobacteriosis (specify type): Pulmonary tuberculosis: Extrapulmonary tuberculosis: Lymphoma: Sch. 6 -- 77 of 88 -- Public Health and Wellbeing Regulations 2009 S.R. No. 178/2009 73 Non-Hodgkin's lymphoma, primary of brain/CNS: Non-Hodgkin's lymphoma, other site (specify type): HIV encephalopathy (includes AIDS Dementia Complex): HIV wasting syndrome: Invasive cervical cancer: Recurrent pneumonia: Other (specify): 8. Exposure category Note: More than one exposure category may be notified. Person was interviewed in relation to exposure: *Not at all (provide reasons): *To a certain extent (provide the following details): *In depth (provide the following details): *Delete if inapplicable Sexual exposure Note: At least one of the following must be notified. Sexual contact only with person of same sex: Sexual contact with both sexes (if female see section 8a): Sexual contact only with person of opposite sex (see section 8a): Sexual contact with a person from another country (write country): No sexual contact: Sexual exposure not known: Vertical exposure Mother with/at risk of HIV infection: Blood exposure Injecting drug use (detail): Recipient of blood, blood products or tissue (detail): Haemophilia/coagulation disorder (detail): Sch. 6 -- 78 of 88 -- Public Health and Wellbeing Regulations 2009 S.R. No. 178/2009 74 Other exposure Exposures other than those above apply (provide details): Exposure could not be established (detail): 8a. Sexual contact Note: At least one of the following must be answered if MALE reports sexual contact with person of opposite sex or if FEMALE reports sexual contact with either same or OPPOSITE sex. Sex with bisexual male (women only): Sex with injecting drug user: Sex with person from another country (write country): Sex with a person who received blood, blood products or tissue: Sex with a person with haemophilia/coagulation disorder: Sex with person with HIV infection whose exposure is other than those above (specify): Sex with person with HIV infection whose exposure could not be established: Heterosexual contact not further specified: 9. Timing of Notice Written notification with details of the data elements listed in items 1 to 8a, within 5 days of the initial diagnosis. __________________ Sch. 6 -- 79 of 88 -- Public Health and Wellbeing Regulations 2009 S.R. No. 178/2009 75 SCHEDULE 7 MINIMUM PERIOD OF EXCLUSION FROM PRIMARY SCHOOLS AND CHILDREN'S SERVICES CENTRES FOR INFECTIOUS DISEASES CASES AND CONTACTS In this Schedule, medical certificate means a certificate of a registered medical practitioner. Column 1 Conditions Column 2 Exclusion of cases Column 3 Exclusion of Contacts Amoebiasis (Entamoeba histolytica) Exclude until there has not been a loose bowel motion for 24 hours Not excluded Campylobacter Exclude until there has not been a loose bowel motion for 24 hours Not excluded Chickenpox Exclude until all blisters have dried. This is usually at least 5 days after the rash appears in unimmunised children, but may be less in previously immunised children Any child with an immune deficiency (for example, leukaemia) or receiving chemotherapy should be excluded for their own protection. Otherwise not excluded Conjunctivitis Exclude until discharge from eyes has ceased Not excluded Diarrhoea Exclude until there has not been a loose bowel motion for 24 hours Not excluded Diphtheria Exclude until medical certificate of recovery is received following at least two negative throat swabs, the first not less than 24 hours after finishing a course of antibiotics and the other 48 hours later Exclude family/household contacts until cleared to return by the Secretary Sch. 7 -- 80 of 88 -- Public Health and Wellbeing Regulations 2009 S.R. No. 178/2009 76 Column 1 Conditions Column 2 Exclusion of cases Column 3 Exclusion of Contacts Hand, Foot and Mouth disease Exclude until all blisters have dried Not excluded Haemophilus influenzae type b (Hib) Exclude until at least 4 days of appropriate antibiotic treatment has been completed Not excluded Hepatitis A Exclude until a medical certificate of recovery is received, but not before 7 days after the onset of jaundice or illness Not excluded Hepatitis B Exclusion is not necessary Not excluded Hepatitis C Exclusion is not necessary Not excluded Herpes (cold sores) Young children unable to comply with good hygiene practices should be excluded while the lesion is weeping. Lesions to be covered by dressing, where possible Not excluded Human immuno- deficiency virus infection (HIV/AIDS virus) Exclusion is not necessary Not excluded Impetigo Exclude until appropriate treatment has commenced. Sores on exposed surfaces must be covered with a watertight dressing Not excluded Influenza and influenza like illnesses Exclude until well Not excluded unless considered necessary by the Secretary Leprosy Exclude until approval to return has been given by the Secretary Not excluded Sch. 7 -- 81 of 88 -- Public Health and Wellbeing Regulations 2009 S.R. No. 178/2009 77 Column 1 Conditions Column 2 Exclusion of cases Column 3 Exclusion of Contacts Measles Exclude for at least 4 days after onset of rash Immunised contacts not excluded. Unimmunised contacts should be excluded until 14 days after the first day of appearance of rash in the last case. If unimmunised contacts are vaccinated within 72 hours of their first contact with the first case, or received NHIG within 144 hours of exposure, they may return to the facility Meningitis (bacteria —other than meningococcal meningitis) Exclude until well Not excluded Meningococcal infection Exclude until adequate carrier eradication therapy has been completed Not excluded if receiving carrier eradication therapy Mumps Exclude for 9 days or until swelling goes down (whichever is sooner) Not excluded Pertussis (Whooping cough) Exclude the child for 21 days after the onset of cough or until they have completed 5 days of a course of antibiotic treatment Contacts aged less than 7 years in the same room as the case who have not received three effective doses of pertussis vaccine should be excluded for 14 days after the last exposure to the infectious case, or until they have taken 5 days of a course of Sch. 7 -- 82 of 88 -- Public Health and Wellbeing Regulations 2009 S.R. No. 178/2009 78 Column 1 Conditions Column 2 Exclusion of cases Column 3 Exclusion of Contacts effective antibiotic treatment Poliomyelitis Exclude for at least 14 days from onset. Re-admit after receiving medical certificate of recovery Not excluded Ringworm, scabies, pediculosis (head lice) Exclude until the day after appropriate treatment has commenced Not excluded Rubella (German measles) Exclude until fully recovered or for at least four days after the onset of rash Not excluded Salmonella, Shigella Exclude until there has not been a loose bowel motion for 24 hours Not excluded Severe Acute Respiratory Syndrome (SARS) Exclude until medical certificate of recovery is produced Not excluded unless considered necessary by the Secretary Streptococcal infection (including scarlet fever) Exclude until the child has received antibiotic treatment for at least 24 hours and the child feels well Not excluded Tuberculosis Exclude until receipt of a medical certificate from the treating physician stating that the child is not considered to be infectious Not excluded Typhoid fever (including paratyphoid fever) Exclude until approval to return has been given by the Secretary Not excluded unless considered necessary by the Secretary Verotoxin producing Escherichia coli (VTEC) Exclude if required by the Secretary and only for the period specified by the Secretary Not excluded Sch. 7 -- 83 of 88 -- Public Health and Wellbeing Regulations 2009 S.R. No. 178/2009 79 Column 1 Conditions Column 2 Exclusion of cases Column 3 Exclusion of Contacts Worms (Intestinal) Exclude until there has not been a loose bowel motion for 24 hours Not excluded __________________ Sch. 7 -- 84 of 88 -- Public Health and Wellbeing Regulations 2009 S.R. No. 178/2009 80 SCHEDULE 8 INFRINGEMENTS A. Public Health and Wellbeing Regulations 2009 Column 1 Reference Column 2 Offence Column 3 Short description of Offence Column 4 Penalty 1 17(2) Proprietor of prescribed accommodation permits a room to be used as bedroom if it has a floor area of less than 7⋅5 square meters 4 2 20(1) Proprietor of prescribed accommodation fails to provide a continuous and adequate supply of water to toilet, bathing, kitchen, laundry and drinking water facilities 4 3 25 Proprietor of prescribed accommodation fails to supply one toilet, bath or shower and wash basin for every 10 persons or fraction of that number of persons occupying the accommodation 4 4 27 Proprietor of prescribed accommodation states or causes to be stated in an advertising, notice or sign that the premises is registered or approved for any class of accommodation other than that set out in the certificate of registration 4 5 56(2) Failure of responsible person to ensure that at least once each month a sample of the recirculating water of the cooling tower system is taken and delivered to a laboratory for testing and reporting on for heterotrophic colony count 4 Sch. 8 -- 85 of 88 -- Public Health and Wellbeing Regulations 2009 S.R. No. 178/2009 81 Column 1 Reference Column 2 Offence Column 3 Short description of Offence Column 4 Penalty 6 56(3) Failure of responsible person to ensure that at least once every three months a sample of the recirculating water of the cooling tower system is taken and delivered to a laboratory for testing and reporting for Legionella 4 B. Public Health and Wellbeing Act 2008 Column 1 Reference Column 2 Offence Column 3 Short description of Offence Column 4 Penalty 7 67 Failure of a natural person to register prescribed accommodation with municipal council 4 8 67 Failure of a body corporate to register prescribed accommodation with municipal council 10 9 69 Failure of a natural person to register certain businesses that are not prescribed to be exempt 12 10 69 Failure of a body corporate to register certain businesses that are not prescribed to be exempt 10 11 80 Failure of a natural person to register cooling tower system in operation 10 12 80 Failure of a body corporate to register cooling tower system in operation 24 13 87(2) Failure of a natural person to notify secretary of change of ownership, contact details or address of cooling tower system 2 14 87(2) Failure of a body corporate to notify secretary of change of ownership, contact details or address of cooling tower system 10 Sch. 8 -- 86 of 88 -- Public Health and Wellbeing Regulations 2009 S.R. No. 178/2009 82 Column 1 Reference Column 2 Offence Column 3 Short description of Offence Column 4 Penalty 15 95 Risk management audit conducted by person who is not an approved auditor 4 16 99 Unlicensed use of pesticide in the course of business of pest control operator 4 17 108 Failure of a natural person to keep prescribed pest control records 2 18 108 Failure of a body corporate to keep prescribed pest control records 4 ═══════════════ Sch. 8 -- 87 of 88 -- Public Health and Wellbeing Regulations 2009 S.R. No. 178/2009 83 ENDNOTES Fee Units These Regulations provide for fees by reference to fee units within the meaning of the Monetary Units Act 2004. The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit. The value of a fee unit for the financial year commencing 1 July 2009 is $11.69. The amount of the calculated fee may be rounded to the nearest 10 cents. The value of a fee unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year. Penalty Units These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit. The value of a penalty unit for the financial year commencing 1 July 2009 is $116.82. The amount of the calculated penalty may be rounded to the nearest dollar. The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year. Endnotes -- 88 of 88 --