Commencement of the Public Health and Wellbeing Regulations 2019

On 14 December 2019, the Public Health and Wellbeing Regulations 2019 came into effect and replaced the Public Health and Wellbeing Regulations 2009 following an extensive review process.

The exposure draft Public Health and Wellbeing Regulations 2019 and the associated regulatory impact statement were released for public consultation between 20 August and 30 September 2019. The Department of Health and Human Services wishes to thank everyone who contributed to the review process.

Consultation allowed stakeholders and the community to comment on the proposed approach and the associated draft regulations. The department received 82 submissions and 153 survey responses.

Consultation feedback was carefully reviewed and helped inform the Public Health and Wellbeing Regulations 2019. The final response takes into consideration a range of stakeholder concerns and viewpoints, and seeks to balance the priorities of protecting public health and reducing regulatory burden.

The Public Health and Wellbeing Regulations 2019 were made with several minor amendments to the exposure draft to improve the clarity, operation and practicality of the regulations.

More information about the Public Health and Wellbeing Regulations 2019 is available at: https://www2.health.vic.gov.au/about/legislation/public-health-and-wellbeing-act/regulation-review

Statement of Reasons

The Statement of Reasons broadly identifies the issues and themes raised during consultation and provides reasons for the directions taken in the Public Health and Wellbeing Regulations 2019. Stakeholders and members of the community are encouraged to view the Statement of Reasons.

The Statement of Reasons and the Public Health and Wellbeing Regulations 2019 are provided below.


Review areas

HIV testing and positive results

These regulations will not be considered in this consultation.

The Victorian Parliament recently passed a Bill to repeal the relevant provisions in the Public Health and Wellbeing Act 2008 that set out these outdated requirements relating to HIV testing. Therefore, the prescribed regulations relating to HIV testing are not required to be remade. For this reason, no analysis of this regulation has been included in this Regulatory Impact Statement.

Consultative Councils, Prescribed Senior Officers

Details on the proposed changes to Consultative Councils can be found within the complete RIS.

The proposed changes to Prescribed Senior Officers and Tissue Donation regulations are not expected to impose significant economic or social burden on the public, and have not been subject to a detailed impact assessment in this RIS.

Comments on these three regulatory areas can be provided through the “Formal submission” upload point on this page.

Privacy collection notice

The Department of Health and Human Services (the department) is committed to protecting your privacy. The department collects and handles personal information you provide in this consultation for the purposes of providing you with updates on the progress of the Public Health and Wellbeing Regulations Review.

Any report for the Public Health and Wellbeing Regulations Review will not identify any individuals. The department will not use your information for any other purpose or disclose it to any external parties.

For more information on the department’s privacy collection, please refer to the department’s privacy policy or visit our website on https://www.dhhs.vic.gov.au/publications/privacy-policy

If you have provided your name you may access the information that you provide to the department. If you have chosen to remain anonymous you will not be able to access your survey response once it has been submitted. The department can be contacted at phwa.enquiries@dhhs.vic.gov.au or you may contact the department’s Information Sharing and Privacy team by emailing privacy@dhhs.vic.gov.au