New Mandatory Anaphylaxis Notification Requirements

From 1 November 2018 Victorian hospitals will be required to notify the Health Department if a doctor reasonably believes that a person presenting for treatment has anaphylaxis.

This training brochure applies to public hospitals, denominational hospitals, private hospitals, multipurpose services and privately-operated hospitals.

Health and Child Wellbeing Legislation Amendment Act 2018 (Vic)

The Health and Child Wellbeing Legislation Amendment Act 2018 (Vic) (Amending Act) which amends the Public Health and Wellbeing Act 2008 (Vic) (the Act) and the Public Health and Wellbeing Further Amendment Regulations 2018 (Vic) (Amending Regulations) which amend the Public Health and Wellbeing Regulations 2009 (Vic) (the Regulations) commenced on 1 November 2018.

Notification of Anaphylaxis Presentation

The Amending Act has inserted the new section 130B into the Act which requires ‘anaphylaxis reporting bodies’ to notify the Secretary of the Department of Health if a registered medical practitioner they employ has reasonable grounds to believe that a person presenting for treatment has anaphylaxis.

The new section 130A of the Act relevantly provides that the following are ‘anaphylaxis reporting bodies’:

  • a public hospital; or
  • a denominational hospital; or
  • a private hospital; or
  • a multi purpose service;
  • a privately-operated hospital within the meaning of the Health Services Act 1988 (Vic).

Notification to the Health Secretary must include the details specified in the new Schedule 6A of the Regulations and must be made:

  • if the suspected cause of anaphylaxis is the consumption of packaged food – immediately by telephone; and
  • in any other case – electronically through the Health Department’s website within 5 days of initial diagnosis.

In support of the above notification requirement, the new section 130B imposes an obligation on the CEO or proprietor of an anaphylaxis reporting body to implement processes to ensure that the hospital complies with the above notification requirement.

There is currently no penalty under the Act or Regulations for non-compliance with the requirement to notify the Health Department of an anaphylaxis presentation.

Conclusion

Organisations that are anaphylaxis reporting bodies should ensure that their medical practitioners are aware of the new anaphylaxis reporting requirement and should update their policies and processes to reflect the changes set out above and in the VIC – Notification of Diseases module.

Contact

For further information please contact the Law Compliance team:

Phone: 1300 862 667

Email: info@lawcompliance.com.au

Share this post

Ready to get in touch?