Health (Cervical Screening Register) Regulations 1991 02-c0-04 Xml

Western Australia

Health (Cervical Screening Register) Regulations 1991

Contents

Part 1 — Preliminary

1.Citation1

2.Commencement1

3.Terms used1

4.Cervical cancer is a prescribed condition of health2

Part 2 — Cervical Screening Register

5.Cervical Screening Register3

6.Use of information on Register4

7.Disclosure of information on the Register5

Part 3 — Procedures for data collection

10A.CEO may request information7

10.Identifying data may be removed from Register7

11.Penalties8

Notes

Compilation table9

Defined terms

Western Australia

Health (Miscellaneous Provisions) Act 1911

Health (Cervical Screening Register) Regulations 1991

Part 1 — Preliminary

1.Citation

These regulations may be cited as the Health (Cervical Screening Register) Regulations 1991 1.

[Regulation 1 amended: Gazette 23 May 2014 p. 1632.]

2.Commencement

These regulations shall come into operation on the expiry of 2 months beginning on the day on which they are published in the Gazette 1.

3.Terms used

In these regulations unless the contrary intention appears —

approved means approved by the CEO;

cervical cancer means the malignant growth of human tissue in the uterine cervix which if unchecked is likely to spread to adjacent tissue and beyond its site of origin and which has a tendency to recur;

cervical cancer test means a test undertaken to determine whether or not a woman is suffering from cancer of the uterine cervix or any of its precursors and which includes, or consists of, a pathological examination of a specimen from the woman;

corresponding register means a register that —

(a)is established under the law of the Commonwealth or of another State or a Territory; and

(b)contains information of the kind held on the Register;

[Regulation 3 amended: Gazette 21 Feb 2006 p. 831; 15 Dec 2006 p. 5623; 23 May 2014 p. 1632.]

4.Cervical cancer is a prescribed condition of health

Cervical cancer is prescribed under section 289B of the Act as a condition of health to which Part IXA of the Act applies.

Part 2 — Cervical Screening Register

[Heading amended: Gazette 10 Apr 2018 p. 1247.]

5.Cervical Screening Register

(1)The CEO is to keep a register to be known as the Cervical Screening Register.

(2)The Register is to contain —

(a)a compilation of results, or copies of results, of cervical cancer tests —

(i)forwarded under regulation 9 (before it was deleted by the Health Regulations Amendment (Cervical Screening Register) Regulations 2018 regulation 7); or

(ii)disclosed to the CEO by the officer in charge of a corresponding register in accordance with the law of the Commonwealth or the State or Territory in which that register is established;

and

(b)other information forwarded to the CEO under regulation 10A.

(3)The register is to be kept for the following purposes —

(a)to reduce the number of illnesses and deaths caused by, or related to, cervical cancer;

(b)to reduce the number of cervical cancer cases;

(c)to plan, monitor and evaluate services for the prevention and alleviation of cervical cancer and the care of persons with cervical cancer or its precursors in Western Australia;

(d)to compile and publish general statistical information relating to cervical cancer and screening for cervical cancer;

(e)to carry out research into the causes of cervical cancer and the effectiveness of prevention, screening and treatment services.

[Regulation 5 inserted: Gazette 23 May 2014 p. 1632-3; amended: Gazette 10 Apr 2018 p. 1248.]

6.Use of information on Register

(1)The information on the Register must be used by the CEO —

(a)where possible, to provide for notification to women whose cervical cancer test results are normal, the appropriate time for their next test; and

(b)where possible, to ensure that appropriate procedures are put in place for women whose test results are abnormal or unsatisfactory; and

(c)to provide a linked record of results for every woman on the Register, which is available —

(i)to the woman; and

(ii)to the persons referred to in subregulation (3) for the purpose of assisting in the diagnosis or treatment of the woman or determining when she should have her next cervical cancer test;

and

(d)to provide comparative data from laboratories to encourage consistency of performance; and

(e)to provide epidemiological data in order to —

(i)monitor participation rates and patterns;

(ii)assist programme planning;

(iii)provide a data base for use in approved research into cancer, its alleviation and prevention;

(iv)increase public awareness by the publication of statistical profiles; and

(v)assist the compilation of comparative data by any national organization approved by the CEO;

and

(f)monitor and evaluate the effectiveness of vaccination programmes for the prevention of the human papillomavirus in women.

(2)Data provided under subregulation (1)(e)(iv) or (v) must not contain any information which enables the identification of any woman in respect of whom data is held on the Register.

(3)The record of results for a woman is available to the following people —

(a)a medical practitioner who is, or was formerly, the woman’s medical practitioner;

(b)a nurse or a midwife who is, or was formerly, engaged by the woman to conduct a cervical cancer test;

(c)a person in charge of a laboratory engaged by or on behalf of the woman;

(d)a member of the staff at —

(i)the practice at which a medical practitioner, nurse or midwife referred to in paragraph (a) or (b) practices; or

(ii)a laboratory referred to in paragraph (c).

[Regulation 6 amended: Gazette 15 Dec 2006 p. 5623; 2 Oct 2007 p. 4963-4; 23 May 2014 p. 1633-4.]

7.Disclosure of information on the Register

(1)A person must not disclose information on the Register other than —

(a)with the written consent of any woman to whom the information relates; or

[(b)deleted]

(c)for the purposes of regulation 6; or

(ca)for the purpose of including the information in the National Cancer Screening Register established under the National Cancer Screening Register Act 2016 (Commonwealth) section 9; or

(d)in accordance with an authorisation under subregulation (1a).

(1a)The CEO may authorise the disclosure of information on the Register to the person in charge of a corresponding register if —

(a)the woman to whom the information relates resides in the State or Territory in which the corresponding register is established; and

(b)the CEO is satisfied that the information is to be used solely for a purpose that is the same or substantially similar to a purpose described in regulation 6(1)(a) or (b).

(2)A person who contravenes subregulation (1) commits an offence.

[Regulation 7 amended: Gazette 21 Feb 2006 p. 832; 15 Dec 2006 p. 5623; 2 Oct 2007 p. 4964; 23 May 2014 p. 1634; 10 Apr 2018 p. 1248.]

Part 3 — Procedures for data collection

[8, 9.Deleted: Gazette 10 Apr 2018 p. 1248.]

10A.CEO may request information

(1)The CEO may, in writing, request a person, who in the opinion of the CEO, has information about a woman to cause the information specified in the request to be given to the CEO.

(2)The CEO may not request information under subregulation (1) unless —

(a)the information relates to a woman whose results, or copies of results, of a cervical cancer test have been forwarded under regulation 9 (before it was deleted by the Health Regulations Amendment (Cervical Screening Register) Regulations 2018 regulation 7); and

(b)the CEO is satisfied that collecting the information is consistent with achieving the objects of Part IXA of the Act.

(3)A person who receives a request under this regulation must comply with the request within 30 days of receiving it.

(4)A person who contravenes subregulation (3) commits an offence.

(5)It is a defence to a charge under subregulation (3) to prove that the person did not have the information requested at the relevant time.

[Regulation 10A inserted: Gazette 23 May 2014 p. 1634-5; amended: Gazette 10 Apr 2018 p. 1248.]

10.Identifying data may be removed from Register

(1)A woman may at any time request in writing to the CEO, that any data held on the Register which identifies her be removed.

(2)The CEO must ensure that a request made under subregulation (1) is complied with as soon as is practicable.

(3)Data relating to, but which does not identify, a woman referred to in subregulation (1) may be retained on the Register.

(4)A person who contravenes subregulation (2) commits an offence.

[Regulation 10 amended: Gazette 15 Dec 2006 p. 5623; 23 May 2014 p. 1635.]

11.Penalties

A person who commits an offence under these regulations is liable to a penalty which is not more than $1 000 and not less than —

(a)in the case of a first offence, $100;

(b)in the case of a second offence, $200; and

(c)in the case of a third or subsequent offence, $500.

Notes

1This is a compilation of the Health (Cervical Screening Register) Regulations 1991 and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.

Compilation table

Citation	Gazettal	Commencement
Health (Cervical Cytology Register) Regulations 1991 2	3 Jan 1992 p. 16‑19	2 Mar 1992 (see r. 2)
Reprint 1: The Health (Cervical Cytology Register) Regulations 1991 as at 2 Apr 2004
Health (Cervical Cytology Register) Amendment Regulations 2006	21 Feb 2006 p. 831‑2	21 Feb 2006
Health (Cervical Cytology Register) Amendment Regulations (No. 2) 2006	15 Dec 2006 p. 5622-3	15 Dec 2006
Health (Cervical Cytology Register) Amendment Regulations 2007	2 Oct 2007 p. 4963-4	r. 1 and 2: 2 Oct 2007 (see r. 2(a)); Regulations other than r. 1 and 2: 3 Oct 2007 (see r. 2(b))
Reprint 2: The Health (Cervical Cytology Register) Regulations 1991 as at 20 Feb 2009 (includes amendments listed above)
Health (Cervical Cytology Register) Amendment Regulations 2014	23 May 2014 p. 1631-5	r. 1 and 2: 23 May 2014 (see r. 2(a)); Regulations other than r. 1 and 2: 24 May 2014 (see r. 2(b))
Health Regulations Amendment (Cervical Screening Register) Regulations 2018 Pt. 2	10 Apr 2018 p. 1247‑8	11 Apr 2018 (see r. 2(b))

2Now known as the Health (Cervical Screening Register) Regulations 1991, citatation changed (see note under r. 1).

Defined terms

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined termProvision(s)

approved3

cervical cancer3

cervical cancer test3

corresponding register3

Register3