Western Australian Numbered Acts Western Australian Numbered Acts
TABLE OF PROVISIONS
Long Title
Preamble
PART 1 -- Preliminary
1. Short title
2. Commencement
3. Objects and principles
4. Terms used
5. Crown bound
PART 2 -- Administration
Division 1 -- Chief Health Officer
Subdivision 1 -- Functions of Chief Health Officer
6. Functions of Chief Health Officer
7. Chief Health Officer may give directions to local governments
8. Chief Health Officer may act without seeking local government agreement in urgent circumstances
9. Chief Health Officer may delegate
10. Power to delegate under Health Legislation Administration Act 1984 section 9 excluded
Subdivision 2 -- Designation of Chief Health Officer
11. Minister to designate Chief Health Officer
12. Term of office and remuneration of Chief Health Officer
13. Resignation, vacation of office and removal from office
14. Acting Chief Health Officer
15. Authority of Acting Chief Health Officer
Division 2 -- Functions of local governments
16. Functions of local governments
17. Appointment of environmental health officers
18. Chief Health Officer to approve qualifications and experience required by environmental health officers
Division 3 -- Functions of enforcement agencies
19. Functions of enforcement agencies
20. Conditions on performance of functions by enforcement agencies
21. Enforcement agency may delegate
22. Reports by and about enforcement agencies
Division 4 -- Authorised officers
23. Terms used
24. Designation of authorised officers
25. Certain authorised officers required to have qualifications and experience
26. Further provisions relating to designations
27. Lists of authorised officers to be maintained
28. When designation as authorised officer ceases
29. Chief Health Officer may issue guidelines about qualifications and experience of authorised officers
30. Certificates of authority
31. Issuing and production of certificate of authority for purposes of other written laws
32. Certificate of authority to be returned
Division 5 -- Advisory committees
33. Establishment and functions of advisory committees
PART 3 -- General public health duty
34. General public health duty
35. Consequences of failure to comply with general public health duty
PART 4 -- Serious public health risks and material public health risks
36. Term used: engage in conduct
37. Offences relating to serious public health risks
38. Offences relating to material public health risks
39. Defence of due diligence
40. Alternative verdicts for certain offences
41. Determination by court of appropriate punishment
PART 5 -- Public health plans
42. Term used: public health plan
43. State public health plans
44. Publication of current State public health plan
45. Local public health plans
46. Publication of current local public health plans
47. Provision of local public health plans to Chief Health Officer
PART 6 -- Public health policies
48. Minister may issue public health policies
49. Chief Health Officer may prepare and publish draft public health policies
50. Chief Health Officer to consult on proposal to issue public health policy
51. Submissions may be made to Chief Health Officer
52. Chief Health Officer to report to Minister on outcome of consultation on draft policy
53. Tabling of reports and public health policies
54. Publication of reports and public health policies
55. Application of Interpretation Act 1984 to public health policies
56. Power to make regulations not limited
PART 7 -- Public health assessments
57. Terms used
58. Regulations may provide for assessable proposals
59. Chief Health Officer may require public health assessments of assessable proposals
60. Chief Health Officer may give advice or make recommendations in relation to assessable proposal
61. Decision-making authority to have regard to advice and recommendations of Chief Health Officer
62. Minister may request Chief Health Officer to conduct inquiry into other proposals
63. Regulations may provide for certain matters
PART 8 -- Registration and licensing
Division 1 -- Preliminary
64. Terms used
65. Regulations may declare licensable and registrable activities
66. Application of Part to Crown
Division 2 -- Registration of registrable activities
67. Carrying on unregistered registrable activity
68. Registration of registrable activity
69. Registration remains in force until cancelled
70. Annual or other fee in relation to registration
71. Variation of conditions, suspension or cancellation of registration
72. Further provisions relating to suspension of registration
73. Notification of certain matters relating to registrable activity or premises
74. Transfer of certificate of registration
75. Review of decisions relating to registration
76. Register of activities and premises to be maintained
Division 3 -- Licensing of individuals carrying on licensable activities
77. Unlicensed persons carrying on licensable activities
78. Activity licences
79. Period an activity licence remains in force
80. Renewal of activity licence
81. Annual or other fee in relation to activity licence
82. Variation of conditions, suspension or cancellation of activity licence
83. Further provisions relating to suspension of activity licence
84. Notification of certain changes to licensable activities
85. Review of decisions relating to activity licences
86. Register of licence holders to be maintained
PART 9 -- Notifiable infectious diseases and related conditions
Division 1 -- Principles and declarations
87. Principles applying in relation to this Part
88. Principles listed
89. Further provisions relating to application of principles
90. Declaration of notifiable infectious diseases
91. Declaration of notifiable infectious disease-related conditions
92. Orders by Minister
Division 2 -- Notification
93. Term used: responsible pathologist
94. Notification of notifiable infectious diseases and notifiable infectious disease-related conditions
95. Offence of failing to notify Chief Health Officer
96. No liability for notifying Chief Health Officer
Division 3 -- Duty to inform
97. Practitioners to provide patients with information
98. Offence of failing to provide patient with information
Division 4 -- Test orders
99. Terms used
100. Chief Health Officer may make test orders
101. Process for making test order
102. Explanation of test order
103. Effect of test orders
104. Offences of failing to comply with test order
105. No payment may be required in relation to testing under test order
106. Enforcement of test orders
107. Warrant to enforce test order
108. Further provisions relating to warrant
109. Review by State Administrative Tribunal
110. Obtaining or taking samples under test orders
111. Test results to be reported
112. Person tested not to be identified
113. No liability for reporting test results
114. Division not limited by Mandatory Testing (Infectious Diseases) Act 2014
Division 5 -- Public health orders
115. Terms used
116. Chief Health Officer may make public health orders
117. Effect of public health orders
118. Personal service of orders required
119. Explanation of public health order
120. Provisions applying if person detained under public health order
121. Minister to be informed of detention or release from detention under public health order
122. Offence to fail to comply with public health order
123. Responsible persons to facilitate compliance with public health order
124. Enforcement of public health orders
125. Warrant to apprehend person to whom public health order applies
126. Further provisions relating to warrant
127. Review by State Administrative Tribunal
128. Restriction on making of further public health order
129. Recognition of interstate public health orders
130. Further provisions applying to interstate public health orders operating in this State
Division 6 -- Reporting requirements
131. Annual report to include information about test orders and public health orders
Division 7 -- Identifying and informing contact persons
132. Terms used
133. Requiring information where person believed to have notifiable infectious disease
134. Requiring information where person believed to have been exposed to notifiable infectious disease
135. Requiring other persons to give required information
136. Authorised officer to produce evidence of authority
137. Offence to fail to comply with requirement to provide information
138. Protection from liability
139. Informing contact persons
140. Chief Health Officer may issue guidelines
141. Protection from liability
Division 8 -- Regulations relating to immunisation status of children
142. Regulations relating to immunisation status of children
Division 9 -- Advisory Panels
143. Term used: Advisory Panel
144. Advisory Panels
145. Performance of functions and procedures
146. Protocols
147. Access to information
PART 10 -- Non-infectious diseases and physical or functional abnormalities
148. Terms used
149. Objects of this Part
150. Regulations for this Part
151. Protection from liability
PART 11 -- Serious public health incident powers
Division 1 -- Authorisation to exercise serious public health incident powers
152. Authorisation to exercise serious public health incident powers
153. Authorisation to state certain matters
154. Authorisation may be given orally or in writing
Division 2 -- Serious public health incident powers
155. Terms used
156. Operation of this Division
157. Serious public health incident powers
158. Enforcement of requirement to undergo medical observation, medical examination
159. Provisions relating to requirement to remain at premises or remain quarantined
160. Review of requirement to remain at premises or remain quarantined
161. Authorised officer may be given assistance, and may use force
162. Failure to comply with requirements and directions
163. Review by State Administrative Tribunal
PART 12 -- Public health emergencies
Division 1 -- Relationship to Emergency Management Act 2005
164. Relationship to Emergency Management Act 2005
Division 2 -- Public health emergency management plans
165. Public health emergency management plans
166. Directions to, and duties of, public authorities
Division 3 -- Public health state of emergency declarations
167. Minister may make public health state of emergency declaration
168. Duration of public health state of emergency declaration
169. Amendment of public health state of emergency declaration
170. Extension of public health state of emergency declaration
171. Revocation of public health state of emergency declaration
172. Notice of declaration
173. Limitation of stay of operation of public health state of emergency declaration
Division 4 -- Authorisation to exercise emergency powers
174. Authorisation to exercise emergency powers during public health state of emergency
175. Authorisation to state certain matters
176. Authorisation may be given orally or in writing
Division 5 -- Emergency powers
177. Terms used
178. Operation of this Division
179. Powers to obtain identifying particulars
180. Powers relating to movement and evacuation
181. Powers to use vehicles
182. Powers to control or use premises or property
183. Powers in relation to drugs and vaccines
184. Powers in relation to quarantine and medical or other procedures
185. Enforcement of requirement to undergo medical observation or medical or other procedure
186. Further provisions relating to requirement to remain in area or remain quarantined
187. Review of requirement to remain in area or remain quarantined
188. Information sharing
189. Regulations about information sharing for purposes of section 188
190. Other emergency powers
191. Further provisions relating to power to detain under section 185(1) or 190(1)(o)
192. Review of detention
193. Minister to be informed of detention or release from detention
194. Review by State Administrative Tribunal
Division 6 -- Other powers exercisable during public health state of emergency
195. Powers of police relating to closure of places, movement and evacuation
196. Power of Chief Health Officer to direct public authorities during public health state of emergency
197. Chief Health Officer may authorise persons to administer, manufacture, supply or prescribe poisons
198. Further provisions relating to authority to administer, manufacture, supply or prescribe poisons
Division 7 -- General provisions
199. General provisions regarding powers
200. General provisions regarding directions
201. Direction under Emergency Management Act 2005 prevails over inconsistent direction under this Part
202. Failure to comply with directions
PART 13 -- Compensation and insurance
Division 1 -- Compensation
203. Entitlement to compensation
204. Applying for compensation
205. Lapsing of application
206. Notice of decision
207. Review of decision as to payment of compensation
208. False compensation claim
Division 2 -- Insurance
209. Extension of policy of insurance
PART 14 -- Improvement notices and enforcement orders
Division 1 -- Preliminary
210. Terms used
211. Proceedings for offences: how affected
Division 2 -- Improvement notices
212. Issue of improvement notice
213. Contents of improvement notice
214. Extension of period of compliance with improvement notice
215. Compliance with improvement notice
Division 3 -- Enforcement orders
216. Issue of enforcement orders
217. Contents of enforcement order
218. Extension of period of compliance with enforcement order
219. Enforcement agency may implement enforcement order
220. Application of Criminal and Found Property Disposal Act 2006
221. Recovery of costs incurred by or on behalf of enforcement agency
222. Criminal liability not affected
223. Certificate of clearance to be given in certain circumstances
224. Request for assessment
225. Contravention of enforcement order
Division 4 -- Review by State Administrative Tribunal
226. Review of decisions relating to improvement notices and enforcement orders
PART 15 -- Inquiries
227. Terms used
228. Chief Health Officer may conduct inquiry
229. Preliminary matters
230. Procedure
231. Hearings
232. Inquirer’s powers in relation to inquiry
233. Failure to comply with requirements of notice
234. Incriminating answers or documents
235. Disruption of inquiry
236. False information
237. Protection for certain purposes
238. Reports
PART 16 -- Powers of entry, inspection and seizure
Division 1 -- Entry, inspection and seizure
239. Term used: reasonably suspects
240. Powers of authorised officers
241. Stopping of vehicles
242. Incriminating information or answers
243. Liability for complying with requirement to provide information, answer question or produce document or thing
244. Power of seizure
245. Application of Criminal Investigation Act 2006
246. Application for warrant to enter premises
247. How application made
248. Further provisions relating to application for warrant
249. Issue of warrant
250. Duration of warrant
251. Execution of warrant
252. Use of force
253. Failure to comply with requirements of authorised officers
254. False information
255. Obstructing, impersonating or threatening authorised officers
Division 2 -- Items seized by authorised officers
256. Application of Criminal and Found Property Disposal Act 2006
257. Seized items
258. Notification of seizure
259. Immediate destruction or disposal of things seized
260. Return of seized item
261. Forfeiture of item
262. Cost of destruction or disposal of forfeited item
263. Return of forfeited item
264. Compensation
265. Review of decisions relating to compensation
PART 17 -- Crown exemptions
Division 1 -- Preliminary
266. Terms used
Division 2 -- Ministerial exemptions for Crown and Crown authorities
267. Minister may exempt Crown or Crown authority from certain provisions
268. Duration of exemption
269. Content of exemption
270. Effect of exemption
271. Minister to consult before amending or revoking exemption
272. Application of Interpretation Act 1984 to exemptions
Division 3 -- Compliance plans
273. Exemption may require compliance plan
274. Development and approval of compliance plan
275. Annual review of compliance plan
276. Amendment or replacement of compliance plan
Division 4 -- Publication and reporting obligations
277. Exemption-holder to make exemption and compliance plan publicly available
278. Annual report to include information about exemption and compliance plan
PART 18 -- Liability, evidentiary and procedural provisions
Division 1 -- Civil liability
279. Contraventions not breach of statutory duty
Division 2 -- Criminal liability
280. Commencing proceedings
281. Offences by employees -- liability of employer
282. Liability of officers of body corporate for offence by body corporate
283. Further provisions relating to liability of officers of body corporate
284. Liability of employees and agents
285. Disclosure by witnesses
286. Documentary evidence of certain matters
287. Court may order costs and expenses
288. Court may order forfeiture
289. Court’s powers in relation to registration and licences
290. Further provisions relating to orders under section 289
Division 3 -- Enforcement action against Crown
291. Term used: responsible agency
292. Improvement notices may be given to Crown
293. Enforcement orders cannot be given to Crown
PART 19 -- Miscellaneous
Division 1 -- Provisions relating to local governments
294. Fees and charges may be fixed and recovered by enforcement agencies that are local governments
295. Exercise of functions of local government outside its district
296. Chief Health Officer may act where no local government
Division 2 -- General
297. Protection from liability for wrongdoing
Division 3 -- Provisions relating to information
298. Disclosure and use of information provided under PART 9 or 10
299. Information sharing
300. Guidelines relating to information sharing
301. Regulations relating to information sharing
302. Confidential information officially obtained
Division 4 -- Guidelines
303. Guidelines
Division 5 -- Regulations
304. Regulations -- general power
305. Regulations may adopt codes or legislation
306. Review of Act
PART 20 -- Transitional and savings provisions
307. Terms used
308. Application of Interpretation Act 1984
309. References to Health Act 1911 and Health (Miscellaneous Provisions) Act 1911
310. Reference to Chief Health Officer to be temporarily read as Executive Director, Public Health for purposes of Part 17
311. Executive Director, Public Health to hold office as Chief Health Officer
312. Environmental health officers to be authorised officers for certain purposes
313. Unpaid rates levied under Health Act Part III remain recoverable
314. Transitional provisions relating to deletion of Health Act PART IV
315. Transitional provisions relating to notices and orders issued under Health Act Part V Division 1 or
316. Transitional provisions relating to deletion of Health Act Part VII
317. Transitional provisions relating to deletion of Health Act Part IX
318. Transitional provisions relating to recovery for work done by local government, and charges on land or premises
319. Pesticides Advisory Committee
320. Transitional provisions for Health Act Part IXA
321. Transitional provisions for Blood and Tissue (Transmissible Diseases) Regulations 1985
322. Transitional regulations
Defined terms
[Assented to 25 July 2016]