Australian Capital Territory Numbered Regulations

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PUBLIC HEALTH (CANCER REPORTING) REGULATIONS (NO. 19 OF 1994) - REG 4

4. (1) If—

        (a)     the result of a test performed on a specimen by a pathologist indicates the presence of cancer;

        (b)     a person who is a patient or resident at a health facility is found to have cancer; or

        (c)     a person is treated for cancer at a health facility;

the responsible person shall cause notice in the approved form to be given to the Medical Officer of Health as soon as practicable after the pathologist obtains the result, the patient or resident is found to have cancer or the person is treated for cancer.

(2) Nothing in subregulation (1) shall be taken to require a responsible person to give notice to the Medical Officer of Health in relation to a person more than once in any 12 month period if the cancer in relation to which a notice would, but for this subregulation, be required to be given is the cancer already notified by the responsible person, or a natural progression from it.

(3) For the purposes of subregulations (1) and (2), the responsible person is—

        (a)     in relation to a specimen tested by a pathologist—

              (i)     where the pathologist is employed in a laboratory at a hospital—the person responsible for the day-to-day control of the laboratory;

              (ii)     where the pathologist performed the test in the course of his or her employment, being employment other than in a laboratory at a hospital—the person by whom the pathologist is employed; or

              (iii)     in any other case—the pathologist; or

    (b)     in relation to a finding that a patient or resident at a health facility has cancer, or to the treatment of a person for cancer at a health facility—

              (i)     where the facility is a private hospital registered under the Public Health (Private Hospitals) Regulations—the holder of the certificate of registration in respect of the hospital; or

              (ii)     in any other case—the person responsible for the day-to-day control of the facility.

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