New Laws Come Into Force On Food Allergies - Victorian Department of Health Press Release - 25 Oct 2018

From 1 November 2018, Victorian public and private hospitals will be required to notify the Department of Health and Human Services of anaphylaxis presentations under an amendment to the Victorian Public Health and Wellbeing Act 2008. Anaphylaxis presentations must be notified in accordance with the prescribed requirements of the Public Health and Wellbeing Regulations. The amendment to the Act requires an anaphylaxis reporting body (defined below), to notify the department 'if a registered medical practitioner employed at, or otherwise engaged by, the anaphylaxis reporting body has reasonable grounds to believe that a person presenting for treatment at the anaphylaxis reporting body has anaphylaxis'. The amendment also requires the ‘person in charge’ of the hospital to ensure that processes are implemented to ensure that the hospital complies with the notification requirements. An ‘anaphylaxis reporting body’ is defined as a public hospital, a denominational hospital, a private hospital, a multi-purpose service or a privately-operated hospital within the meaning of the Health Services Act 1988. Under the Regulations, hospitals will be required to notify the department of anaphylaxis presentations within five days of initial diagnosis, electronically through the department’s online form, unless the suspected cause of anaphylaxis is the consumption of a packaged food. In this case, notification is required immediately by telephone. “If the suspected cause of anaphylaxis is the consumption of a packaged food the notification is required immediately by telephone,” Dr Bone said. Other cases of anaphylaxis presentations are required to be made within five days of the initial diagnosis through an electronic online form. Dr Bone said the new reporting system will allow a quick response to public health risks, such as those caused by incorrectly labelled packaged food. “Acting in a timely manner will protect the Victorian public from preventable anaphylactic reactions, which have been on the rise since 1993. “The primary purpose of the new anaphylaxis notification scheme is to allow the Department to take swift action where a notification reveals a broader public health risk. “This action may include the recall of an offending food product from the marketplace to protect the public,” Dr Bone said. Anaphylaxis is the most severe form of allergic reaction and is potentially fatal. In 2016-2017 more than 2,440 people presented to Victorian public hospitals with anaphylaxis. Of those, food-related anaphylaxis made up for nearly half the cases. In addition, the data collected will also enable the department to better understand the incidence of anaphylaxis in Victoria and to inform public health policy, interventions and research.