Australian Capital Territory Numbered Regulations

PUBLIC HEALTH (CERVICAL CYTOLOGY) REGULATIONS (NO. 30 OF 1994)

TABLE OF PROVISIONS

   PART I--PRELIMINARY CITATION 1. THESE REGULATIONS MAY BE CITED AS THE PUBLIC HEALTH (CERVICAL CYTOLOGY) REGULATIONS.

   2.      (1) Regulation 1 and this regulation commence on the day on which these Regulations are notified in the Gazette.  
   3.      In these Regulations, unless the contrary intention appears—“abnormal”, in relation to test results, means test results that indicate abnormal cell growth in the cervix of the uterus; “cervical cancer” means a malignant growth of human tissue in the cervix of the uterus that has the potential to invade tissue beyond its site of origin; “Cervical Cytology Register” means the register maintained under regulation 6; “cervical material” means cervical tissue taken from a woman to determine whether she has cervical cancer; “cervical smear” means cervical tissue taken from a woman to determine whether she has a precursor to cervical cancer; “health practitioner” means—  

   PART II--THE REGISTER

   4.      (1) If a woman informs a health practitioner who takes a cervical smear or cervical material that she does not consent to registration of her registrable particulars, the practitioner shall attach a refusal of consent marker to the pathology request form.  
   5.      Where a person responsible for the day-to-day control of a laboratory causes registrable particulars to be sent to the Medical Officer of Health in accordance with subregulation 4 (3)—  
   6.      (1) The Medical Officer of Health shall maintain a register to be known as the Cervical Cytology Register.  
   7.      (1) The Cervical Cytology Register is to be used—  
   8.      (1) A person shall not, without reasonable excuse, disclose particulars on the Cervical Cytology Register in such a manner that the woman to whom the particulars relate is reasonably able to be identified, unless the woman consents in writing to such disclosure.  
   9.      A person shall not, without reasonable excuse, disclose particulars on the Cervical Cytology Register in such a manner that a health practitioner or laboratory to whom the particulars relate is reasonably able to be identified, unless the health practitioner or person responsible for the day-to-day control of the laboratory (as the case requires) consents in writing to such disclosure.  
   10.     The Medical Officer of Health shall, as soon as practicable after receipt of a written request by a woman, remove from the Cervical Cytology Register any particulars that could reasonably enable the woman to be identified.  
   11.     The following particulars with respect to a woman and her cervical smear or cervical material are registrable:  

   PART III--THE MANAGEMENT COMMITTEE

   12.     The Medical Officer of Health shall establish and maintain a management committee in accordance with this Part.  
   13.     The management committee shall be constituted by not less than 7 members and not more than 9 members, appointed in writing by the Medical Officer of Health, of whom—  
   14.     (1) The functions of the management committee are as follows:  
   15.     The management committee has power to do all things necessary or convenient to be done for or in connection with the performance of its functions.  
   16.     (1) A member holds office as a part-time member.  
   17.     The Medical Officer of Health shall appoint—  
   18.     A member may resign his or her office by writing signed by the member and delivered to the Medical Officer of Health.  
   19.     The Medical Officer of Health may terminate the appointment of a member for misbehaviour or physical or mental incapacity.  
   20.     (1) The Medical Officer of Health may appoint a person to act as a member—  
   21.     (1) The Chairperson, or, if he or she is unable to do so, the Deputy Chairperson, shall—  
   22.     (1) The Chairperson shall preside at all management committee meetings at which he or she is present.  
   23.     Subject to these Regulations, the management committee may conduct its affairs in such manner as it thinks fit.