Victorian Numbered Acts

PUBLIC HEALTH AND WELLBEING ACT 2008 (NO. 46 OF 2008) - SECT 267

See:
Act No.
53/1998.
Reprint No. 5
as at
1 April 2007
and amending
Act Nos 18/2003, 97/2005, 16/2006, 23/2006, 24/2006, 48/2006, 69/2006, 24/2007, 26/2007, 28/2007 and 4/2008.
LawToday:
www.
legislation.
vic.gov.au

After Part 16A of Schedule 1 of the Victorian Civil and Administrative Tribunal Act 1998 insert —

" PART 16B—PUBLIC HEALTH AND WELLBEING ACT 2008

        66B     Application of provisions

These provisions apply in respect of any proceeding under section 122 of the Public Health and Wellbeing Act 2008 .

        66C     Constitution of Tribunal

The Tribunal is to be constituted by a presidential member.

        66D     Compulsory conferences, mediation and settlement not to apply

Division 5 of Part 4 does not apply.

        66E     Costs of an expert

Despite section 94(2), a person to whom the public health order applies is not responsible for any costs of an expert called in under section 94(1).

        66F     Restriction on access to information

Despite anything to the contrary in this Act, the Tribunal may order that the person to whom the public health order applies not hear any particular evidence or be permitted to inspect a submission or other document if the Tribunal is of the opinion that it is necessary to do so to prevent serious harm to the health or wellbeing of that person or of any other person.

        66G     Confidentiality of proceeding

    (1)     Unless the Tribunal orders otherwise, a person must not publish or broadcast or cause to be published or broadcast any report of a proceeding that identifies, or could reasonably lead to the identification of, a party to the proceeding.

Penalty:     20 penalty units.

    (2)     The Tribunal may make an order under subclause (1) only if it considers that it would be in the public interest to do so.

    (3)     An order of the Tribunal under subclause (1) must specify that pictures are not to be taken of any party to the proceeding.".